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HomeMy WebLinkAboutCouncil Minutes - 2002-01-14COUNCIL MINUTES JANUARY 14, 2002CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of “O Canada” by Maria Heemskerk, King School of Vocal. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor B. Vrbanovic disclosed a pecuniary interest relative to a labour relations matter at an In-camera meeting of City Council held on January 14, 2002. On motion by Councillor J. Smola, the minutes of the regular meeting held December 10, 2001, and special meetings held December 10 & 17, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler ABB Inc., “That Tender T01-134, Supply & Deliver Domestic Water Meters, be awarded to Burlington, Ontario , at their tendered price of $209,250., plus P.S.T. & G.S.T.” - and - “That Expression of Interest E01-124, Consultant Services - Roy Street Reconstruction (Queen Gamsby and Mannerow Limited, Guelph, Ontario Street to Young Street) be awarded to at their estimated fee of $82,913.77, including a contingency of $7,044.50 and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor. “ - and - “That Expression of Interest E01-123, Consultant Services - Louisa Street Reconstruction (Weber to Margaret) be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $130,176.20, including a contingency of $11,060. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established and further that the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor. “ - and - “That Tender T01-116, Supply & Deliver Gas Meters, be award as follows: · Romet Limited, Mississauga, Ontario Items 1,2,3,4,5,14 and 15 to , at their tendered price of $141,152., plus P.S.T. and G.S.T.; · Dresser Measurement, DI Canada Inc., Mississauga, Items 6,7,8,9,10,11,12 and 13 to Ontario , at their tendered price of $70,450., plus P.S.T. and G.S.T.” Carried. Ms. P. Ferraro attended in regard to the presentation of various Ontario Municipal Management Institute CMM designations to six City employees. She reviewed the objectives of the Institute and noted that it recognizes four levels of managerial capacity. At this time, Mayor C. Zehr and Mr. J. Fielding presented designations to the following staff: Doug Hergott – CMMDon Miller – CMM Carlin Sean Riley – CMMEdwina Weiss – CMM I Jennifer Zunic – CMM IRandy Kalan – CMM II COUNCIL MINUTES JANUARY 14, 20025CITY OF KITCHENER - - Mr. D. Quinn and Ms. L. Baillargeon attended to make a presentation on information pertaining to natural gas prices as outlined in Financial Services Department report FIN-02-004, dated January 9, 2002 attached to the agenda. A portion of the presentation was illustrated using the overhead projection system in the Chamber. Reference was made to the price fluctuations experienced by natural gas and it was noted that such pricing fluctuation was typical of the marketplace for commodities. Mr. Quinn described how staff use a disciplined economic approach having regard to the economy, weather conditions and gas pricing to secure natural gas contracts with the objective of providing a reasonable cost alternative compared to other retailers. Spikes in the cost of natural gas which were common to commodity pricing were illustrated but it was also shown how the Utility has been able to provide stable pricing within a period of large pricing swings. In this regard, it was pointed out that the City purchases its gas from eighteen to twenty-four months ahead in small increments which smooths the pricing and avoids speculation. Mr. Quinn noted that as a result of the Utilities purchasing strategy, it was expected to decrease the gas supply price by 20-25% by April 1, 2002. In summary, he noted that the Utility’s Managed Buying Policy has avoided the extreme volatility in the marketplace which last year saved the average Kitchener gas customer approximately $150. during the winter season. Ms. Cheryl Zivkovic was registered as a delegation in respect to item B.1 ii) (Adult Entertainment Parlour) of the Committee of the Whole, but failed to attend the meeting. Mr. G. Borovilos attended in support of Development & Technical Services Department report DTS- 02-019, dated January 14, 2002, which deals with the KPMG report on the ‘Assessment of Requirements and Considerations for Redevelopment of Downtown Lands’ dated December, 2001. He commented on various initiatives taking place that promote Downtown renewal but noted that some key areas are still showing signs of decay notwithstanding actions to improve infrastructure, enforcement activities and regulations to control the number of bars and to prohibit sex theatres. He noted that these initiatives have assisted in bringing new investment to the Downtown and that to support this investment climate, the City had purchased lands adjacent to City Hall within the block bounded by Young and Ontario Streets, now known as the Centre Block, which he described as the most problematic area given its propensity to attract negative uses. Mr. Borovilos pointed out that after the City had acquired these lands, KPMG was retained and requested to assist with assessing development options for the block and the City’s role in revitalizing the Downtown core. Ms. Meg Davis attended on behalf of KPMG in support of the firm’s December, 2001 report to the City. She remarked on the conceptual plans contained in the report and the role of the Centre Block within the Downtown revitalization plan as well as the stakeholder review consultation process which produced key themes. Ms. Davis recommended that the City’s role must be one of strong leadership as the catalyst for change and referenced the three development options outlined in the report. She commented on the implementation options for redevelopment and related phasing plans as well as considerations that should take place in support of the revitalization goal. In summary, Ms. Davis noted that negative perceptions pertaining to the Downtown must be overcome, the City must take an active role in redevelopment with engaged community support and that there would be no quick fix to overcome the long-term deterioration that the Downtown has experienced over many years. Councillor B. Vrbanovic questioned what the experience was of other cities in re-developing their Downtowns. Ms. Davis responded that the City of Toronto acquired lands at the intersection of Yonge and Dundas Streets to foster Downtown re-development and as a result, other properties in the area with frontage on Yonge Street are also revitalizing. She noted that the City of Brampton relocated its municipal offices Downtown and this resulted in an immediate revitalization with new residential, retail and service uses within the Downtown. Mr. G. Borovilos referenced report DTS-02-019 which also described the City’s Declaration of Intent to expropriate the Lyric and the Sports Café and outlines a workplan to achieve the goal of re- developing the Centre Block adjacent to City Hall. Mr. Glen Scheels, Chair of the City’s Economic Development Advisory Committee, advised that his firm, Scheels Pidgeon Green, Planning Consultants, had been assisting KPMG and the City to generate discussion as to development possibilities for the Centre Block adjacent to City Hall. He noted that the block was at the heart of the Downtown and had a direct relationship to an opportunity for the development of a new access from Victoria Park to City Hall as part of a larger re-development scheme. It was his opinion that if this re-development came about both King Street and its side streets would be strengthened. Mr. Scheels commented that there were various re-development possibilities for the Centre Block including retail, office, residential, community and institutional uses. COUNCIL MINUTES JANUARY 14, 20026CITY OF KITCHENER - - He then illustrated various conceptual drawings on how the block could develop an internal street from Weber Street to King Street and from Young Street midway into the block. In response to a question raised, Mr. Scheels advised that a number of exciting plans were taking place within the Downtown and that a number of developers were seriously looking at investment possibilities. Mayor C. Zehr provided remarks in relation to the Downtown as the face of a city and noted that the Downtown needs to regain its position as a source of community pride. In reference to the Notice of Expropriation, Mayor Zehr advised that the City had unsuccessfully negotiated for the purchase of both the Lyric and the Sports Café properties which are critical to the revitalization objectives. Members of Council then provided individual remarks in support of the necessity for the revitalization process and an incremental improvement approach in this regard. A recorded vote was requested on both the recommendation in report DTS-02-019 and on the proposed expropriation of the two properties. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz “That the City of Kitchener receive the KPMG Report on the Assessment of Requirements and Considerations for Redevelopment of Downtown Lands, dated December 2001; and further, That the City of Kitchener initiate a public consultation process using the KPMG report as a guide to future redevelopment for the City Centre.” Carried Unanimously. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz “That the City declare its intention to expropriate the following real property: 1) 102-104 King Street West, being part Lot 3 (West) marked “Bettschen”, North of King Street and West of Ontario Street, according to D. Weber’s Survey, Registered Plan 401 together with a right-of-way over Part 6 on Reference Plan 58R-1391 (Sports Café); and 2) 122 King Street West, being part of Lot 7, G.W. Bowman’s Survey, Registered Plan 362, part of Lot 3 (West) marked “Bettschen” and part of Lots 5 and 7, D. Weber’s Survey, Registered Plan 401 designated as Parts 1, 2, 3, 4, 5, 7 and 9 on Reference Plan 58R-1391; subject to rights-of-way over Parts 2, 5 and 7 on Reference Plan 58R- 1391; together with rights-of-way over Parts 6 and 8 on Reference Plan 58R-1391; and excluding Part 10, Reference Plan 58R-1391, formerly 45 Duke Street West (The Lyric including lower and upper parking lots fronting on Duke Street West). Further that the City give notice of its intention to 536357 Ontario Limited, the owner of the properties (1) and (2); And further that the City Solicitor be directed to negotiate acquisition of the properties (1) and (2), failing which expropriation proceedings be initiated.” Carried Unanimously. Messrs. Randy Ellis, Chief Executive Officer, and Jim Beingessner, Chair, Canada’s Technology Triangle (CTT), attended to present a 2001 year-end review and future plans of the organization which was formally established three years ago and up and running for the last two years. It was the delegations’ view that the organization has progressed and contributed to development that has taken place in Waterloo Region. A presentation of 2001 activities utilizing the overhead projection system was given and detailed comment on aspects of CTT’s mandate and its accomplishments was provided. It was noted that CTT had a target to attract three new direct investments per year and that this had been met. Graphs depicting the Region’s unemployment rate, industrial land sales and real estate activity were also shown. CTT’s 2002 Business Plan and Strategic Plan for 2002-2004 were then presented and discussed by the delegation. In this regard, it was noted that funding of CTT has COUNCIL MINUTES JANUARY 14, 20027CITY OF KITCHENER - - suffered and that there was a need for stable and adequate funding to mitigate the effects of recession. A lengthy discussion took place as the CTT delegation responded to numerous questions of Council pertaining to the organization’s operations. Issues addressed dealt with: · the level of funding and/or in-kind service support received from private sources; · breakdown of administrative costs to marketing/communication costs; · benchmarking of progress and dialogue/reporting process to funding sponsors; · external marketing and what the focus should be; · what benefits have accrued to the City of Kitchener as a result of CTT activity; · a suggestion that because business taxes have been significantly reduced, industry should contribute more to CTT while alternatively the Region of Waterloo should assume full funding responsibility based on the general benefit provided to the Region as a whole; and, · improved partnership communicative links between municipal economic development staff and CTT officials. Following this discussion, City staff were directed to prepare a report on issues relating to the City/CTT partnership for consideration at a future Development & Technical Services Committee meeting. Mr. Ted Goddard, PMG Consultants attended to provide an update with regard to the current consideration being given to the City of Kitchener logo. He advised that focus groups were held and a variety of different community logos were presented and examined along with the current Kitchener logo. The participation process was described and it was noted that there was a strong identification with the former City Hall clock tower that was re-erected in Victoria Park. As well, he pointed out that there was a strong view that both the past and the future should be reflected in any logo and that the City should maintain the existing crest and shield but develop a logo. Mayor C. Zehr pointed out that a process was in place to receive input from residents and that mailings to all community residents was being undertaken with the intent that following responses, a recommendation would be brought forward to City Council at its meeting to be held Monday, January 28, 2002. Mr. Mark Xuereb and Ms. Sheila Gharabaghi of the People’s Car Co-op attended in support of Clause 2 of the Environmental Committee report of this date. The delegation distributed a pamphlet of the Co-op which describes what it is, how it works and what costs would be incurred by those wishing to participate in this car sharing program. The delegation commented on the merits of the operation and their growth projections in which they see the addition of approximately 3-4 members per month to the Co-op. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie “That Clause 2 of the Environmental Committee report be adopted.” Carried. Mayor C. Zehr advised that Mr. F. Pizzuto and Ms. P. Houston would be making a presentation with respect to Clause 8 of the Community Services Committee report in support of Community Services Department report CSD-02-028, dated January 11, 2002. As directed at the January 7, 2002 Community Services Committee meeting, staff prepared this report containing additional financial information relative to the upgrades proposed for the Kitchener Memorial Auditorium. The report provides additional financial information with respect to revenues and expenses and also provides a more detailed breakdown of proposed areas of cost savings. An analysis attached to the report compares the revenue and expense estimates as presented to the City by the architect in March, 2001, to revised firm costs determined after the tender process was completed along with revised revenue projections after staff carried out a review of the architect’s estimates. Mr. F. Pizzuto summarized the upgrades from a financial and investment perspective and emphasized the need for the upgrades within the facility. Ms. P. Houston summarized both capital cost and operating cost differences noting that the project cost would be $7,547,200. of which $6,761,200. would be debentured over fifteen years with the balance of the costs being funded from the Capital Forecast. She emphasized that revenue projections had been revised and estimated on a very conservative basis which staff anticipate will increase over time. It was noted that if revenues were higher than projected, the debenture could be paid down faster or alternatively, the additional revenues could be COUNCIL MINUTES JANUARY 14, 20028CITY OF KITCHENER - - placed into the Auditorium operating account to reduce any deficit. Councillor Vrbanovic noted that the Auditorium’s per person concession sales were low compared to other similar facilities which Mr. K. Baulk concurred with and indicated that it was staff’s belief that renovation would increase the average per capita concession sale. Councillor M. Galloway questioned the $105,300. increase in revenues from leases and group suite rentals and Mr. Baulk responded that in instances where leases were of a shorter term there were higher returns, and there were higher revenues from group suite sales. Mr. Orville Thacker attended representing the Waterloo Region Association of Retirees to express concerns regarding the planned upgrades to the Kitchener Memorial Auditorium. He questioned if the timing was right in terms of undertaking this project and also pointed out that it was his understanding that initially there was to be sponsorship by corporations and no construction until suites were pre- sold. Further, he pointed out that there was no major corporation on the list of suites leased and questioned what the actual level of corporate support and commitment was. Mr. Thacker questioned if the $.5M taken out of the project would find its way back into the facility at a later date at much higher costs. He also questioned the costs to service the debenture debt over the 15 year term and maintained that promoters utilizing the facility should not be allowed to dictate usage of it. In response to Councillor J. Ziegler, it was indicated that at current interest rates, the rate on the debenture debt would be 5.75% or less and that with the 15 year repayment term, there would be no impact on the tax levy as a result of the renovations. In response to Councillor J. Ziegler, staff advised that it was not necessary to sell all 23 suites in order to meet costs. He then asked for a worst case scenario and was advised by staff that if only 15 suites were sold, the cost to Kitchener taxpayers would be $100,000. which represented a marginal impact on all taxpayers given the magnitude of the renovation project. Councillor M. Galloway commented that it was his expectation all suites would be sold once construction was complete and that he was satisfied all his questions had been answered particularly given that the upgraded facility was being undertaken by means of a self-financing method. Councillor B. Vrbanovic noted that he had also had legitimate concerns respecting the project notwithstanding his support and commented that the project has as much a guarantee of success as the City could possibly obtain. Further, he noted that the project addresses longstanding concerns of the neighbourhood and ultimately the earnings from the renovated facility will reduce the level of subsidy provided annually by the City to the facility. Councillor J. Smola commented that he had been significantly involved in the public process and supported the plans for the facility which had the benefit of resolving outstanding neighbourhood problems. Councillor G. Lorentz pointed out that almost two years had been spent on conceptual and detailed planning issues relating to the upgrades and he was satisfied that a thorough process had been completed. In reference to comments on the need for additional arenas, he noted that the City did have a twin-ice pad facility planned in the Capital Forecast but that there were plans that might see accelerated timing to provide an additional arena facility. Further, he commented that there was no relationship of the project and its funding requirement to the need for additional minor hockey facilities in the City. In summary, Councillor Lorentz commented that any business plan had a potential risk associated with it but that staff had worked to address such risk. He suggested that if the project was approved, staff consider developing a billboard that would illustrate the upgrade process to Auditorium patrons. Councillor G. Lorentz advised that he was prepared to introduce a motion adopting Clause 8 of the Community Services Committee report with an amendment to include approval of Tender T01-127 – Kitchener Memorial Auditorium Complex Expansion & Upgrades. Councillor Lorentz requested a recorded vote. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That Clause 8 of the Community Services Committee report be amended and adopted to include award of Tender T01-127, Kitchener Memorial Auditorium Complex Expansion & Upgrades, as recommended in the memorandum dated January 11, 2002, from L. Gordon.” Carried Unanimously. COUNCIL MINUTES JANUARY 14, 20029CITY OF KITCHENER - - 1. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie “That the report of Development & Technical Services Committee be adopted.” Mr. B. Stanley referred Council to the letter distributed this date from Mr. Craig Robson, McCarter Grespan Robson Beynon Thompson, which asks for deferral of Clause 7 of the Committee report dealing with the new Tree Management Policy as he had not had time to review the final Policy and prepare comments if necessary. Mr. Stanley pointed out that the Policy had been considered in detail at the Waterloo Regional Home Builders Municipal Liaison Committee but it would appear that Mr. Robson was now requesting additional time in order to undertake a review of the Policy from a legal perspective. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to defer and refer Clause 7 of the report to the January 28, 2002 Council meeting for further consideration. Council was in receipt of Development & Technical Services Department report DTS-02-016-BPS, dated January 10, 2002, to which was attached a revised proposed zoning by-law dated January 10, 2002, prepared in accordance with the direction given by the Committee on January 7, 2002, as reflected in Clause 2 (b) of the Development & Technical Services Committee report. It was noted in the staff report that if Council was satisfied that the revisions to the proposed by-law were minor, it should indicate this and direct that no further notice with respect to the revisions is required in accordance with Section 34 (17) of the Planning Act. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 2 (b) of the report to reference the revised zoning by-law dated January 10, 2002 and provide that the revisions to the proposed by-law are considered to be minor and no further notice is required in accordance with Section 34 (17) of the Planning Act. The report was voted on Clause by Clause. Carried, as Amended. Clause 2 – Action deferred and referred to the Clause 7 – January 28, 2002 City Council meeting for consideration. Carried. Balance of report – 2.Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That the report of the Community Services Committee be adopted.” Voted on Clause by Clause. Dealt with under Delegations and Clause 8 – Carried, as Amended. Carried. Balance of report - 3.Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie “That the report of the Environmental Committee be adopted.” Vote on Clause by Clause. Dealt with under Delegations and Clause 2 – Carried. Carried. Balance of report - COUNCIL MINUTES JANUARY 14, 200210CITY OF KITCHENER - - 4.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance & Corporate Services Committee be adopted.” Carried. 5.Moved by Councillor M. Galloway Seconded by Councillor C. Weylie “That the report of Heritage Kitchener be adopted.” Carried. 6.Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie “That the report of the Safe City Committee be adopted.” Carried. Councillor M. Galloway advised that he was in receipt of a petition from Doon Village Road residents asking that the one-way portion of Doon Village Road revert to two-way status to Doon South Drive. Staff were requested to prepare a report addressing this petition request for consideration within two months. Councillor B. Vrbanovic advised that the City of Ottawa has signed an access agreement for the running of fibre optic cable through sewers rather than allowing private firms to excavate City streets and asked that staff prepare a report addressing this practice for consideration at a future Committee meeting. Councillor Vrbanovic referred to a document from Deloitte & Touche respecting an automated human resources function and asked that the matter be referred to the Strategic Services Department for report to a future Committee meeting. Councillor Vrbanovic officially gave notice that the deadline for receipt of Youth Award nominations covering five categories was April 8, 2002. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That Waterloo Regional Police Services be requested to enforce the speed limit with radar on Homer Watson Boulevard between Manitou Drive and Conestoga College Boulevard, particularly in the area where Pioneer Drive intersects with Homer Watson Boulevard.” Carried. Councillor G. Lorentz noted that the addition to the Forest Heights Pool was nearing completion and also referred to continuing work on the Sandrock Greenway improvements. Councillor B. Vrbanovic questioned if the City had an internal disaster recovery plan in place and Mr. B. Kuntz advised that the City did not have a Corporate plan. He did comment on undertakings with respect to a business continuity plan and Mr. J. Fielding took this matter under advisement. Mayor C. Zehr commented on Regional issues and first referenced a matter involving considerations taking place with regard to the merits of utilitizing diesel powered vehicles in comparison to natural gas powered vehicles. Secondly, he made reference to the assumption of water and sewer responsibilities by the Region from the Township of Wellesley noting that it was to be on a cost recovery basis. In conclusion, he pointed out that the Region was holding a public information session on January 16, 2002 with respect to its budget which he advised was currently at a 2.8% increase for 2002. COUNCIL MINUTES JANUARY 14, 200211CITY OF KITCHENER - - At the request of Mr. G. Sosnoski, it was agreed to add, two Zoning By-laws relating to Clause 2 of the Development & Technical Services Committee report considered this date and a by-law to establish Hollyridge Crescent, to the agenda for three readings this date. 7.Moved by Councillor C. Weylie Seconded by Councillor M. Galloway “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a)Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (b)Being a by-law to provide for the widening of part of Cedar Street as a public highway in the City of Kitchener. (c)Being a by-law to provide for the widening of part of Scott Street as a public highway in the City of Kitchener. (d)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e)Being a by-law to amend Chapter 584 of The City of Kitchener Municipal Code with respect to Refreshment Places. (f)Being a by-law to amend Chapter 572 of The City of Kitchener Municipal Code with respect to Pawnbrokers. (g)Being a by-law to exempt certain lots from Part Lot Control – Part of Lots 39 and 47, Registered Plan 58M-188 – Hidden Creek Drive. (h)Being a by-law to exempt certain lots from Part Lot Control – Part of Blocks 17 and 26, Registered Plan 58M-132 – Activa Avenue and Wisteria Court. (i)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the Appointment of Staff. (j)Being a by-law to amend Chapter 390 of the City of Kitchener Municipal Code respecting Tax – Levy, Conestoga College, Hospitals. (k)Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code respecting Site Plan Control. (l)Being a by-law to amend Chapter 827 of The City of Kitchener Municipal Code respecting Excavations within Highways. (m)To confirm all actions and proceedings of the Council. (n)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Hallman Brierdale Limited – Lackner Boulevard. (o)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Hallman Brierdale Limited – Lackner Boulevard. (p)Being a by-law to provide for the establishing and laying our of part of Hollyridge Crescent as a public highway in the City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. COUNCIL MINUTES JANUARY 14, 200212CITY OF KITCHENER - - On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 8.Moved by Councillor J. Smola Seconded by Councillor G. Lorentz “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. 9.Moved by Councillor C. Weylie Seconded by Councillor M. Galloway That the by-laws listed on the agenda for third reading, namely: (a)Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-3) (b)Being a by-law to provide for the widening of part of Cedar Street as a public highway in the City of Kitchener. (By-law No. 2002-4) (c)Being a by-law to provide for the widening of part of Scott Street as a public highway in the City of Kitchener. (By-law No. 2002-5) (d)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2002-6) (e)Being a by-law to amend Chapter 584 of The City of Kitchener Municipal Code with respect to Refreshment Places. (By-law No. 2002-7) (f)Being a by-law to amend Chapter 572 of The City of Kitchener Municipal Code with respect to Pawnbrokers. (By-law No. 2002-8) (g)Being a by-law to exempt certain lots from Part Lot Control – Part of Lots 39 and 47, Registered Plan 58M-188 – Hidden Creek Drive. (By-law No. 2002-9) (h)Being a by-law to exempt certain lots from Part Lot Control – Part of Blocks 17 and 26, Registered Plan 58M-132 – Activa Avenue and Wisteria Court. (By-law No. 2002-10) (i)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2002-11) COUNCIL MINUTES JANUARY 14, 200213CITY OF KITCHENER - - (j)Being a by-law to amend Chapter 390 of the City of Kitchener Municipal Code respecting Tax – Levy, Conestoga College, Hospitals. (By-law No. 2002-12) (k)Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code respecting Site Plan Control. (By-law No. 2002-13) (l)Being a by-law to amend Chapter 827 of The City of Kitchener Municipal Code respecting Excavations within Highways. (By-law No. 2002-14) (m)To confirm all actions and proceedings of the Council. (By-law No. 2002-15) (n)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Hallman Brierdale Limited – Lackner Boulevard. (By-law No. 2002-16) (o)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Hallman Brierdale Limited – Lackner Boulevard. (By-law No. 2002-17) (p)Being a by-law to provide for the establishing and laying our of part of Hollyridge Crescent as a public highway in the City of Kitchener. (By-law No. 2002-18) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 10:55 p.m. MAYORCLERK COUNCIL MINUTES JANUARY 14, 200214CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1.That the Fire Chief as part of the duties of Emergency Planning be appointed Municipal Flood Co-Ordinator; and further, That Bill Quarrie, Platoon Chief be appointed as the Municipal Flood Co-Ordinator alternate. 2.A.That Zone Change Application ZC 95/26/L/JW (Lackner Boulevard - Hallman Brierdale Limited) requesting a change in zoning from Residential Six Zone (R-6) with Holding Provision 13h (which requires the construction of Dunnigan Drive) to Residential Eight Zone (R-8), Residential Eight Zone (R-8) with Special Regulation Provision 220R, Residential Six Zone (R-6) with Special Use Provision 179U, on lands legally described as Part of Lot 123 G.C.T., (Part 4 Plan 58R-4825), for the City of Kitchener, be approved in the form shown in the attached “Proposed By-law”, dated December 3, 2001 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. B.That Zone Change Application ZC 96/15/L/JW (Lackner Boulevard - Hallman Brierdale Limited) requesting a change in zoning from Agricultural Zone (A-1) to Residential Six Zone (R-6) and Holding Provision 13h, Public Park Zone (P-1), Hazard Land Zone (P- 3), Residential Eight Zone (R-8), Residential Eight Zone (R-8) with Special Regulation Provision 220R on lands legally described as Part of Lot 123, German Company Tract, for the City of Kitchener, be approved in the form shown in the attached “Proposed By- law”, dated December 3, 2001 as revised January 10, 2002 to delete Special Use Provision 179U from the R-6 Zone and to add a timing clarification to Holding Provision 13h such that it apply pending completion of Dunnigan Drive or inclusion of the lands in a Plan of Subdivision, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan; and further, That the revisions to the proposed by-law are considered to be minor and no further notice is required in accordance with Section 34 (17) of the Planning Act. C.That the City of Kitchener, pursuant to Section 51. (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Subdivision Application 30T-95024 in the City of Kitchener, for Hallman Brierdale Limited, subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T-95024 for Hallman Brierdale Limited as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson last revised and dated February 27, 2001 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated November 6, 2001 which shows the following: Stage One Block 1- multiple residential Block 2- future development Blocks 3 –5 - 0.3 metre reserve Stage Two Block 1- multiple residential 2.CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision dated November 6, 2001 and which shall contain the following special conditions: COUNCIL MINUTES JANUARY 14, 200215CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 2.Cont’d Section 3Prior to Servicing 3.16 The SUBDIVIDER agrees to construct and maintain, at his cost, a temporary storm water management facility on Block 1, Stage 2 of the plan. Once the SUBDIVIDER is advised by the City that the stormwater management facility is no longer required, the SUBDIVIDER agrees to remove the temporary facility, at his cost. 3.17 The SUBDIVIDER agrees to provide an easement to the CITY for connection to the Kolb Greenway Sanitary Sewer Trunk to facilitate an interim sanitary servicing solution. Once the SUBDIVIDER is advised by the CITY that permanent sanitary servicing is available the SUBDIVIDER will be responsible to remove the pipe and appurtenances at his cost at which time the CITY shall provide a quit claim for the easement. Section 4Prior to Building Permit 4.22 The SUBDIVIDER agrees to construct Dunnigan Drive from Lackner Boulevard to the limits of the plan of subdivision 30T-91005 to the satisfaction of the CITY’s Assistant General Manager of Engineering Services. Dunnigan Drive may be constructed in two phases with the first phase being from Lackner Boulevard to the easterly limit of Block 1, Stage 2. No building permits shall be issued for Block 1, Stage 1 until Phase One of Dunnigan Drive is constructed. Phase two of the construction of Dunnigan Drive shall be from the easterly limit of Block 1, Stage 2 to the limits of the plan. No building permit shall be issued for Block 2, Stage 1 until Phase Two of Dunnigan Drive is constructed. 4.23 The SUBDIVIDER agrees that no building permit be issued for Block 2 Stage 1 until consolidation of the adjacent lands and construction of Dunnigan Drive. Section 6Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to Lackner Boulevard only and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY’s Assistant General Manager of Engineering Services. 2.2 That prior to final approval of the plan to be registered, the Subdivider shall fulfil the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Assistant General Manager of Business and Planning Services and shall obtain approval therefrom. 3.The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 4.The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Assistant General Manager of Engineering Services, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate Values, elevations and code numbers as prescribed by the Surveyor General of Ontario. COUNCIL MINUTES JANUARY 14, 200216CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 2.Cont’d 5. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 6.The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 7.The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a)to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Assistant General Manager of Business and Planning Services. (b)to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Assistant General Manager of Engineering Services for municipal services; (c)to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d)if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Assistant General Manager of Engineering Services, or, in the case of parkland, the CITY'S General Manager of Community Services; and (e)to provide to the CITY'S Assistant General Manager of Business and Planning Services, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8.The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 9. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY’S Assistant General Manager of Business and Planning Services, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY’s Assistant General Manager of Business and Planning Services; COUNCIL MINUTES JANUARY 14, 200217CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 2.Cont’d b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY’S Assistant General Manager of Business and Planning Services; d)Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e)The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY’S Department of Development and Technical Services. 10.The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire subdivision, by a cash-in-lieu contribution equivalent to 5% of the value of all of the lands within the subdivision, with the value of the land being determined as of the day before the day of draft approval. 11. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY’S Assistant General Manager of Business and Planning Services, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 3.REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning Housing and Community Services: 1. That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning Housing and Community Services. 2. a)That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for COUNCIL MINUTES JANUARY 14, 200218CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 2.Cont’d Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: “The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered.” 3. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning Housing and Community Services prior to final approval of the subdivision plan. 4. That prior to the commencement of any grading or final approval of all or any part of the draft plan of subdivision, a Consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. 5. That a lot grading and drainage plan and stormwater management report be submitted for approval, for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning Housing and Community Services where lands drain to a Regional facility. 6. That the owner prepare a noise study to indicate to the Regional Municipality of Waterloo methods used to abate traffic noise levels from Lackner Boulevard (Regional Road No. 54), and if necessary, the owner shall enter into a subdivision agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to the issuance of building permits. 7. That the owner enter into an agreement with the Regional Municipality of Waterloo to erect a 1.82 metre high permanent maintenance free fence adjacent to Lackner Boulevard (Regional Road No. 54) in accordance with Regional policies and procedures, except where a noise wall may be required as a result of Condition 6 above. 8. That the owner obtain a Regional Road Access Permit for the intersection at Lackner Boulevard (Regional Road No. 54) and Dunnigan Drive. 9. That two 25 foot daylight triangles be established at the intersection of Lackner Boulevard (Regional Road No. 54) and Dunnigan Drive and be dedicated on the final plan as public highway to the appropriate road authority. 10. That the owner provide for a northbound transit stop at the intersection of Lackner Boulevard (Regional Road No. 54) and Dunnigan Drive and that the concrete transit pad be identified on the engineering servicing drawings and be installed at the cost of the owner, to the satisfaction of the Regional Commissioner of Planning Housing and Community Services. COUNCIL MINUTES JANUARY 14, 200219CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 2.Cont’d 4.OTHER AGENCY CONDITIONS 1.That prior to the commencement of any grading or construction on the site, and prior to registration of any stage of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a)A detailed Stormwater Management Report and Plan in accordance with the 1994 Ministry of the Environment and Energy Report entitled “Stormwater Management Practises Planning and Design Manual” and in keeping with the stormwater management strategy outlined in an April 24, 1996 letter, April 17, 2001 report and July 25, 2001 letter prepared by MTE Consultants Inc. b) A detailed Lot Grading and Drainage Plan. c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority’s Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Permit pursuant to Ontario Regulation 149 for any storm sewer outfalls or other alterations within the floodplain of Kolb Creek. 2.That the Subdivider’s Agreement between the owners and the municipality contain provisions for the completion and maintenance of the works in accordance with the approved plans and reports noted in Condition 4.1 a) to d) above. 5.CLEARANCE CONDITIONS 1.That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services, the Assistant General Manager shall be advised by the Regional Commissioner of Planning Housing and Community Services that Conditions 3.1-3.10 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 2.That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services the Assistant General Manager shall be advised by the Grand River Conservation Authority that Conditions 4.1 and 4.2 have been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. 3.That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services the Assistant General Manager shall be advised by the telephone company that Conditions 2.2.6 and 2.2.7 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 4.That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services the Assistant General Manager shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.5 and 2.2.7 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. COUNCIL MINUTES JANUARY 14, 200220CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 2.Cont’d 6.NOTES Development Charges 1.The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act 2.The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement 4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. Regional Fees 5. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 6.The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management 7.The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System 8.The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. COUNCIL MINUTES JANUARY 14, 200221CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 2.Cont’d Planning Act Applicability 9.This draft plan was received on or before March 28, 1995 and on or before May 21, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1994, c.23 (Bill 163). Regional Servicing Agreement 10.The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 11.To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Subdivision 12.When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the [enter title of person(s) authorized to sign plan], signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One(1)original mylar Four(4)mylar copies Four(4)white paper prints It is the opinion of this Committee that the approval of this application is proper planning for the City. (As Amended) 3. That the Regional Municipality of Waterloo be requested to once again review the noise impact of increasing volumes of vehicular traffic affecting residential properties situated along the entire length of Lackner Boulevard, and in particular in the Victoria Street / Lackner Boulevard area, and COUNCIL MINUTES JANUARY 14, 200222CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 3.Cont’d if noise levels warrant, plan for the installation of sound attenuation by means of a noise barrier or other noise attenuation measures. 4.That the Master Storm Water Management Policy be revised as follows: a) Add a new recommendation 14) to read: “14.That this policy shall not apply to lands within the Downtown Community Improvement Area as identified on the attached “Downtown Community Improvement Plan.” b)That the Downtown Community Improvement Plan be incorporated in the appropriate section of the Master Storm Water Management report. 5.That Demolition Control Application DC 01/08/O/DR (M. Huschka in Trust - Concordia Club), for which the owner is requesting approval for the demolition of a single detached dwelling and garage located at 465 Ottawa Street South, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 6.That the following be approved pertaining to Raylene Drive fencing: 1)That a legal survey be prepared for the lands abutting the fencing constructed by the City at the dead-end of Raylene Drive in 2000. 2)That the City lands to which public access is no longer available at the dead-end of Raylene and the fence be sold to the abutting property owners. 3)That the owners of #93 and #103 Hearth Crescent enter into encroachment agreements and assume ownership of the fencing located on the road right-of-way and parallel to Raylene Drive for the portion that is not to be closed. 4)That the City also dispose of the remnant parcels of land remaining from the closure of Filsinger Road which are located to the rear of #109 and #119 Hearth Crescent. 7.1)That the City’s Tree Management Policy adopted in September 1994 be replaced with the Tree Management Policy document dated revised November 2001, attached to Development and Technical Services Department report DTS-01-046-BPS, as further revised to include the following recommendations 2 through 12 from the report. 2)That the Standard Residential Subdivision Agreement as approved by City Council be amended by the City Solicitor in consultation with the Development and Technical Services Department to revise existing Tree Management conditions to implement the changes to the Tree Management Policy as recommended herein. 3)Relative to the Council resolution passed on February 6, 1995 requesting the Department of Planning and Development to monitor the effectiveness of the approved Tree Management Policy, it is recommended that no financial securities be required to ensure lot grading and tree management and, instead, the Development and Technical Services Department implement measures directed towards improved communication with and among the Subdivider’s consultants providing grading and tree management services, and educational initiatives for property owners who own, or are adjacent to, areas containing trees to ensure long-term protection. COUNCIL MINUTES JANUARY 14, 200223CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 7.Cont’d 4)That for Plans of Subdivision, the Subdivider will ensure that: a) the grading consultant will certify that the Detailed Vegetation Plan and/or the Tree Preservation/Enhancement Plan conform(s) to the Lot Grading Control Plans; and b) the environmental consultant will certify the Lot Grading Control Plan conforms to the Detailed Vegetation Plans and/or the Tree Preservation/Enhancement Plan;. prior to approval of said plans by the Development and Technical Services Department. 5)That the Grading and Environmental Consultant confirm in writing to the Directors of Planning and Building that for each particular lot/block, the grading and tree management plans have been implemented in accordance with the approved plans prior to the City issuing the Final Grading Certificate. 6)That the Subdivider confirm in writing to the Director of Planning that: a) the first time home or building owner has received a copy of the approved grading and tree management plans along with written instructions on proper tree stewardship for tree(s) on their Lot/Block or; b)that the Subdivider has provided the builder with the approved grading and tree management plans along with written instructions on proper tree stewardship for tree(s) regarding the Lot/Block noted above, with the understanding that the builder will give this material to the first time home or building owner in accordance with Section 1.22 of the Standard Subdivision Agreement prior to occupancy. 7)That all lands to be conveyed to the City as Park are to be free of any dead or hazardous trees (in locations were there is a safety issue), dump sites, litter, debris, remnant fences, barbed wire, wells, tree forts and any unnatural material/disturbances that are considered dangerous to the public or would be an inherited liability. The above noted items are to be removed or properly treated to the satisfaction of the Department of Community Services in consultation with the Director of Planning prior to final approval of the Plan to be registered. Such lands will continue to be free of construction debris for a period of two years from the date of registration of the subdivision. 8)That all lands to be conveyed to the City as Open Space or Hazard Lands are to be free of any dead or hazardous trees (in locations were there is a safety issue), dump sites, litter, debris, remnant fences, barbed wire, wells, tree forts and any unnatural material/disturbances that are considered dangerous to the public or would be an inherited liability. The above noted items are to be removed or properly treated for a distance of 30 metres from any lot/block line and 10 metres on either side of a proposed or existing Community Trail, to the satisfaction of the Department of Community Services in consultation with the Director of Planning prior to final approval of the Plan, or appropriate stage of the Plan, to be registered which contain the lands to be conveyed to the City. In the event of winter conditions, the above noted requirements shall be completed by June 1 immediately following such transfer of title. 9)Where vegetation communities are identified as requiring a maintenance access for forestry management practices, a maintenance access is to be identified and provided with an appropriate width to the satisfaction of the Department of Community Services. COUNCIL MINUTES JANUARY 14, 200224CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 7.Cont’d 10)For all wooded wetlands which are to be conveyed to the City, the Environmental Consultant will monitor the wooded wetlands as required by the City to ensure compliance with the approved Subwatershed Master Plan, Environmental Impact Statement, Environmental Implementation Report, General Vegetation Overview, and/or the Detailed Vegetation Plan. If alteration of the quantity, quality, timing (hydroperiod), or direction of flow of surface or groundwater within or contiguous to the wooded wetlands results in an adverse environmental impact requiring any ecological restoration, any such ecological restoration activities will be the responsibility of the Subdivider. It is intended that this monitoring and maintenance period will be coordinated with the monitoring and acceptance on to maintenance, of the stormwater management facilities by the Development and Technical Services Department, or at a time acceptable to the General Manager of Development and Technical Services. 11) That the Subdivider is to install signage in accordance with the PARK BOUNDARY MARKER AND CITY BOUNDARY MARKER LOCATION drawings. Such signage is to be supplied by the Department of Community Services to the Subdivider. Signage is to be installed by the Subdivider prior to the final approval of the plan to be registered. Temporary signage installed on protective fencing must remain in good order until replaced by permanent markers and signage. 12)The Subdivider shall be responsible for the recommended location and construction of the Community Trails as identified in the review of the Draft Plan of Subdivision, to the satisfaction of the General Manager of Community Services. These Community Trails will be consistent with Community Plans, Subwatershed Master Plans (Greenspace Management Plans), Environmental Implementation Reports, General Vegetation Overviews, Leisure Facilities Strategic Plan, and Urban Design Standards for Community Trails. These trails are to be shown on the Lot Grading Control Plan(s), and located and analyzed for environmental impact in the Detailed Vegetation Plan. It is recognized that, in some instances, to eliminate or reduce unacceptable impacts to treed areas, alternative construction methods and/or locations may be required for trails. (Action deferred and referred to the January 28, 2002 City Council meeting for consideration) COMMUNITY SERVICES COMMITTEE – 1. That parking be prohibited on the south side of Westheights Drive from a point 105 metres east of Highland Road West to a point 40 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 2. That parking be prohibited on the north side of River Road between Frederick Street and Victoria Street North while maintaining the existing parking prohibition on the south side; and further, That the Uniform Traffic By-law be amended accordingly. 3. That an all-way stop control be installed at the intersection of Lorraine Avenue at Heritage Drive; and further, That the Uniform Traffic By-law be amended accordingly. 4. That parking be prohibited at any time on the east side of Borden Avenue South from Dundas Avenue to Nyberg Street; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES JANUARY 14, 200225CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 5. That a yield control be installed on the ramp for traffic accessing northbound New Huron Road from Biehn Drive; and, That left turns be prohibited from northbound Biehn Drive onto the New Huron Road ramp; and further, That the Uniform Traffic By-law be amended accordingly. 6. That an all-way stop control not be installed at the intersection of Windrush Trail/Doon South Drive; and further, That an all-way stop control be installed at the intersection of Windrush Trail/Autumn Ridge Trail. 7. That no action be taken with respect to the recommendation contained in Community Services Department report CSD-02-006; and further, That Traffic & Parking staff be directed to work with staff of the Development & Technical Services Department relative to the site plan process for development of 2, 8 storey apartment buildings on Margaret Avenue, between Queen Street North and Victoria Street North to determine its impact on traffic patterns and, in particular, the impact to the intersection of Queen Street North at Margaret Avenue, with a report to be provided to the Community Services Committee at a future date. 8.That the revised budget for the Kitchener Memorial Auditorium Complex upgrades be approved, as outlined in Community Services Department report CSD-02-016; and, That debenture financing be adjusted to $6,761,200 for 2002, with a term not to exceed 15 years; and further, That Tender T01-127, Kitchener Memorial Auditorium Complex Expansion & Upgrades, be Ball Construction Inc., Kitchener awarded to at their tendered price of $6,490,000., plus $430,000. for exterior cladding and less $124,500. for site work reductions, $24,000. for landscaping reductions, $113,800. for electrical reductions, $191,500. for mechanical revisions, $32,000. for architectural changes & $256,000. for the masonry portion of the contract, plus G.S.T., and further that the City award the masonry portion of the contract to G&A Masonry, Kitchener at the tendered price of $256,000., plus G.S.T.” (Dealt with under Delegations and Carried, as Amended) ENVIRONMENTAL COMMITTEE – 1.That Mr. Rino dal Bello be appointed as Co-Chair of the Environmental Committee for a term to expire on November 30, 2002. 2.That in support of its car sharing initiative, a $30,000. line of credit be approved for The People's Car Co-operative, at a 10% rate of interest to be repaid in full by April 30, 2009, subject to similar financial participation of the City of Waterloo and the Regional Municipality of Waterloo, or any other suitable financial investor(s) subject to approval by the City's Chief Financial Officer; and further, That the City of Kitchener continue to delegate a staff person as a representative to the Car Sharing Co-ordinating Committee to oversee the implementation of The People's Car Co- operative's business plan. (Dealt with under Delegations and Carried) 3.That Mr. Patrick O'Toole be appointed as an Environmental Committee representative to the Citizen's Advisory Committee on Air Quality for a term to expire on November 30, 2002. COUNCIL MINUTES JANUARY 14, 200226CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE – 1. That the mileage rate remain at $0.37 per kilometre for 2002 and continue to be reviewed annually as part of the budget process. 2. That the Memorandum of Agreement dated 2001 in connection with the implementation plan for the Job Ranking System for CUPE Local 32 positions, as developed by Winter Consulting Group, be approved. 3. That approval in principle be given to 24 hour per day, 7 days per week security at the City Hall Security Desk; subject to approval, on Budget Day, of additional funding in the Facilities Management budget: $60,000. in Operating, and $80,000. in Capital. 4. That the Financial Services Department initiate interim operational action to assume the water distribution system of Chalon Estates, on an interim basis, as of February 1, 2002; and That an Area Surcharge, in accordance with Section 2 of The Public Utilities Act, be initiated and processed on all affected properties; and further, That staff report to a future Council meeting, as to whether the City should assume the Chalon Estates water system on a permanent basis. HERITAGE KITCHENER – 1. That pursuant to Section 43 of the Ontario Heritage Act, Council approved the application of the owner to alter the designated property municipally known as 15 Henry Street, located in the Victoria Park Area Heritage Conservation District, by constructing a one storey, detached garage as outlined in Heritage Property Application 2002-V-01, dated December 20, 2001. 2. That the revised Heritage Permit Application form attached to the memorandum of L. Bensason, Heritage Planner, dated 2001-01-03, be endorsed for use in all instances were a permit pursuant to the Ontario Heritage Act is required. SAFE CITY COMMITTEE – (Meeting of December 11, 2001) 1.That the City of Kitchener, through its Safe and Healthy Community Advisory Committee, help to facilitate a process which brings together all the stakeholders involved in addressing the issues related to drug addiction and prostitution; and further, That the purpose of this stakeholder meeting be to clarify roles, mandates and develop an action plan with respect to the needs of all parties. COUNCIL MINUTES JANUARY 14, 200227CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – 1.Licences i) Permanent Vendor It was resolved: “That a 2002 Permanent Vendor Licence be granted to Jeffrey Blake, to operate a business known as Sun Aire Products Ltd./ProChem, at 165 Hollinger Crescent, Kitchener.” - and - “That a 2002 Permanent Vendor Licence be granted to David Strmiska, to operate a business known as Armco Security at 31 Summerhill Crescent, Kitchener.” ii) Adult Entertainment Parlour It was resolved: “That Cheryl Zivkovic be granted an Adult Entertainment Parlour Licence for 1412 Victoria Street North, Kitchener, said licence to be for the term January 1, 2002 to April 30, 2002, with review by Council to take place upon expiry.” - and - “That Brad Baumbach be granted an Adult Entertainment Parlour Licence for 2271 Kingsway Drive, Kitchener, said licence to be for the term January 1, 2002 to April 30, 2002, with review by Council to take place upon expiry.” - and - “That Randy Zivkovic be granted an Adult Entertainment Parlour Licence for 4-808 Courtland Avenue, Kitchener, said licence to be for the term January 1, 2002 to April 30, 2002, with review by Council to take place upon expiry.” - and - “That Malgorzata Zieman-Deptulshi be granted an Adult Entertainment Parlour Licence for 7-280 Victoria Street North, Kitchener, said licence to be for the term January 1, 2002 to April 30, 2002, with review by Council to take place upon expiry.” iii) Adult Entertainment Parlour Attendant Council was in receipt this date of Corporate Services Department report CRPS- 02-008 (J. Koppeser), dated January 14, 2002, dealing with various Adult Entertainment Parlour Attendant Licences for 2002. They also dealt with two applications dealt with in-camera on January 7, 2002. COUNCIL MINUTES JANUARY 14, 200228CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 1.Licences – (Cont’d) iii)Adult Entertainment Parlour Attendant – (Cont’d) It was resolved: “That Jacqueline Young, Farrah Cross and Claudette DeMaere, employed at 7- 280 Victoria Street North, Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences.” - and - “That Kelly Daugherty, Gina-Marie Baker, Jody Parks, Nicole Gauthier, Rachel Wilson, Geri Fountain, Karen Gerber and Leslie Moores, employed at 1412 Victoria Street North, Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences.” - and – “That Tracy Murawsky, Fana Cepovski, Janet Gojmerac and Sara Klooster, employed at 4-808 Courtland Avenue East, Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences.” - and - “That Patricia Ward, Corinna Turner, Lisa Williams, Pauline Miller, Elisa Hale, Sherifat Ogunye, Angelina Noccetti, Andreé Meunier and Christina Perreault, employed at 2271 Kingsway Drive, Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences.” 2.Dog Designation Appeal Decision It was resolved: “That the December 12, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Tiffany Turpin, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed.” 3.Various Tenders Dealt with under Delegations. 4.Committee of Adjustment Decisions - Various Council was in receipt of correspondence from J. Billett, Secretary-Treasurer, Committee of Adjustment. Councillor G. Lorentz referred to the Committee of Adjustment recommendation to refuse Sign Submission No. SG 2002-001 and suggested that the site was an anomaly in consideration of elevation factors. Accordingly, he recommended the Committee of Adjustment refusal recommendation not be accepted and that the application be approved on the basis that the addition of a second sign only brings the structure up to 24 feet above road grade from the hollow. It was resolved: “That Council ratify and confirm the December 11, 2001 decision of the Committee of approval Adjustment recommending of Submission No. FN 2001-014 – Richard Shapiro Holdings (696 Fairway Road South).” COUNCIL MINUTES JANUARY 14, 200229CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 4.Committee of Adjustment Decisions – Various – (Cont’d) - and - “That the January 8, 2002 decision of the Committee of Adjustment recommending refusal of Submission No. SG 2002-001 – Peter Simac (249 Courtland Avenue East) not be accepted; and further, That the Committee of Adjustment application of Peter Simac, Submission No. SG 2002- 001, requesting permission to add 2 side-by-side billboard sign faces above an existing billboard sign structure containing 2 side-by-side sign faces to create a total of 4 sign faces, rather than the permitted maximum of 2, and having a maximum sign height of 11.88 m (38.98 ft.), on Part of Lot 22, Subdivision of Lot 18, German Company Tract, 249 approved Courtland Avenue East, Kitchener, Ontario, be .” - and - “That Council ratify and confirm the January 8, 2002 decision of the Committee of approval Adjustment recommending of Submission No. SG 2002-002 - Blue Spruce Properties Inc. / George & Jo Weiland / Linda Morrison (1595-1601 Victoria Street North).” 5.Budget Variance – Downtown Study - KPMG Council was in receipt of Development & Technical Services Department report DTS-02- 003 (G. Borovilos), dated January 4, 2002. It was resolved: “That Council authorizes a budget variance payment of $20,521.07 to cover the costs associated with the KPMG study on the Downtown Block.” 6.Offer to Sell – Huron Business Park Council was in receipt of Development & Technical Services Department report DTS-02- 012 (R. Morgan/K. Bissell/G. Borovilos), dated January 7, 2002. It was resolved: “That the City accept an Offer to Sell from 1420993 Ontario Limited (Becker Brothers Towing) for the lands described as Part of Lot 12, Registrar’s Compiled Plan 1471 being Parts 17, 18 and 28 on Reference Plan 58R-7426, municipally known as 185 Washburn Drive for the sum of $261,800.00; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor.” 7.Servicing Agreement – Shirley Avenue Council was in receipt of Corporate Services Department report CPRS-02-009 (G. Melanson), dated January 9, 2002, recommending execution of a Servicing Agreement regarding shared costs of a sanitary sewer extension. It was resolved: “That the Mayor and Clerk be authorized to sign a Servicing Agreement with the participating industrial land owners of the properties respecting the shared costs of the sanitary sewer extension from 360 Shirley Ave. to 150 Shirley Ave., subject to the satisfaction of the City Solicitor.” COUNCIL MINUTES JANUARY 14, 200230CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 8.Agreement for Media Monitoring Council was in receipt this date of Corporate Services Department report CRPS-02-003 (L. Marshall), dated January 8, 2002, recommending execution of an Agreement that would allow for the installation of equipment at City Hall for the purpose of monitoring cable television advertising. It was resolved: “That Nielsen Media Research be permitted to install equipment in City Hall, for the purpose of media monitoring, subject to the signing of an Agreement satisfactory to the City Solicitor.