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HomeMy WebLinkAboutCouncil Minutes - 1999-06-21COUNCIL\1999-06-21 COUNCIL MINUTES JUNE 21, 1999 CITY 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 Shauna Tailleser, King School of Vocal. Ms. Tailleser was thanked for her appearance and rendition of the National Anthem this date. On motion by Councillor J. Haalboom, the minutes of the regular meeting held May 31, 1999 and special meetings held on May 30, May 31, June 1 and June 14, 1999, as mailed to the Mayor and Councillors, were accepted. Mr. Don Snow appeared as a delegation to speak to the stabbing incident of Mr. J. Grandy, Supervisor, that took place at the Transit Terminal. He commented that due to quick action by citizens and transit staff in aiding Mr. Grandy, a more serious outcome had been avoided. He advised that Mr. Grandy is still recovering from the attack and is expected to return to work in the Fall of 1999. On behalf of Council, staff and citizens of Kitchener, Mr. Snow extended best wishes to Mr. Grandy in his recovery. Mayor C. Zehr commented on the incident and read the contents of a card which Mr. Grandy had sent to the Mayor, Council and staff. Mayor Zehr read the inscription on a plaque which together with Mr. Snow was presented to Irene Menard, Jason Saxon, Tim Hinschberger, Gord Morrison and Steven Skinner, in recognition of their efforts to assist Mr. Grandy. Mr. Ken Selling, Chair of the Region of Waterloo, appeared as a delegation to follow-up on an action that took place in 1998 with respect to development of the Trans Canada Trail Network which passes through the Region of Waterloo. He provided an update report on trail development in the Cities of Cambridge, Kitchener and Waterloo and presented a cheque in the amount of $55,000 to the City of Kitchener as its portion toward trail development. Ms. Regis Coladipietro appeared as a delegation on behalf of the Independent Living Centre of Waterloo Region to present their 1999 Independent Living Award for the Barrier Free Access that was provided for within the Country Hills Community Centre. She commented on a May 19 function that was held and spoke on issues of design of the community centre and the positive attitude of staff at the Community Centre. She also recognized Reg Weber and Natasha Voll for their involvement in this issue which resulted in the development of a community centre that was a model example of barrier free design. She then presented the Award to the Country Hills Community Centre and all those who participated in development of the centre. Mayor C. Zehr and Councillor T. Galloway accepted the Award on behalf of the City. Councillor T. Galloway remarked on the development of the Centre and pointed out that the City of Kitchener was well known to be a leader in providing for the special needs of its residents. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tender listed on the Committee of the Whole agenda this date. Council was advised that an additional tender was being added for consideration this date dealing with an Expression of Interest for consultant services on Community Centres Feasibility Study. Councillor T. Galloway disclosed a pecuniary interest and abstained from all discussion and voting with respect to tender Expression of Interest E 99-062 Consultant Services, Community Centres Feasibility Study as a family member was involved with one of the bidders. Councillor B. Vrbanovic questioned the makeup of the company known as Monteith Zelinka Priamo Limited and was advised by Mr. Clancy that there were some different individuals involved in the Company than those whom the City previously dealt with. He also commented on the issue of objectivity and stated that staff feel the new individuals in the Company would bring a new approach. Discussion took place regarding the provision of information in staff reports for such tenders and it was requested that in future budgeted funds be outlined in these reports. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That proposal P99-055, Playground Equipment - Supply and Install, be awarded as follows: Item 1 - Windrush Park to Belair Recreational Products Inc., Brantford at their proposed price of $19,395.33, plus G.S.T. COUNCIL MINUTES JUNE 21, 1999 - 265 - CITY OF KITCHENER Items 2, 4 & 5 - Highbrook Park, Duke Street Playlot and Lips Park to Little Tikes Commercial Play Systems (Canada) Inc., Paris at their proposed prices of $9,309.48, $7,461.25 and $17,962.17 respectively, plus G.S.T. Item 3 - Sandhills Park to Henderson Recreation Equipment Ltd., Simcoe at their proposed price of $5,897.35." -and- "That Expression of Interest E99-062, Consultant Services, Community Centres Feasibility Study, be awarded to Monteith Zelinka Priamo Ltd., London, Ontario, at their estimate fee of $29,886 including 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." Carried. Councillor T. Galloway previously disclosed a pecuniary interest and abstained from all discussion and voting as a family member is involved with one of the bidders relative to Expression of Interest E 99-062. Mr. Ed Kovacs, General Manager, Department of Public Works, appeared as a delegation with respect to presentations that were to be made this date to winners of the 1999 Truck Roadeo and 1999 Kitchener Transit Bus Roadeo Competitions. He pointed out that Kitchener had participated in National Public Works Week with displays in the Rotunda illustrating the work of the department, as well as at Fairview Mall and with presentations that had been made at public schools. Mr. Steve Gyorffy, Assistant General Manager, Department of Public Works, appeared before Council to make a presentation with respect to the Annual Truck Roadeo Competition that took place on Saturday, May 15, 1999 whose purpose is to encourage safe driving. Slides of various pieces of equipment and the skills of operators were displayed. At this time, Mayor C. Zehr and Councillor John Smola presented Richard Fairbairn with the first place award and indicated he would be representing the City in the Provincial Roadeo Competition, Junior Schroeder with a second place award and Ed Lake with a third place award. Mr. Ed Kovacs commented on the 14th Transit Bus Roadeo Competition and how it had evolved into more of a community event besides being a competition. In this regard, Ms. Anne Boehn appeared as a delegation representing the Children's Wish Foundation to thank the City and staff for allowing the Foundation to be part of the Roadeo Competition in that donations raised from the public for the opportunity to drive buses were supporting the Foundation's activities to grant the wishes of children age 3-18 who suffer from high risk illness. Mr. D. Snow acknowledged the work of the organizing committee and Mr. Ray Miller for the Transit Roadeo. At this time, Mayor C. Zehr and Councillor John Smola presented transit competition awards to Nirmal Mattu, Champion; Mike Hiuser, first runner-up; Greg Pytlic, second runner-up and Lazlo Bori, third runner-up. In summary, Mr. Kovacs remarked on the Mayor's Challenge bus driving competition between the City of Kitchener represented by Mayor C. Zehr and the City of Waterloo represented by Councillor Mike Connolly and he extended appreciation to both for taking time to support this event. Mr. Tim Dixon, Co-Chair of the Mayor's Advisory Council On Youth (MACOY), appeared as a delegation to highlight portions of the 'Halftime Report' for the period October, 1998 to May, 1999 that was distributed to City Council with its agenda this date. He advised that Megan Campbell, Co-Chair was not able to attend the meeting. The report included the following topics: Introduction, Constitutional Changes, Profile of the Executive, MACOY Activities, Youth Awards, Committees and other organizations and the MACOY outlook for the second half. Mr. Dixon, in his remarks, referred directly to portions of the detail contained in some of these topics. Councillor K. Taylor-Harrison advised that she had worked with the Youth Group for this term and noted that they had put forth a great effort into making MACOY a success. Councillor T. Galloway referred to the Award Recipients named in the document and suggested that Facilities Management consider finding a location for permanent display of these on-going awards. Mayor C. Zehr commented that there were a number of other such things that might form part of a permanent award COUNCIL MINUTES JUNE 21, 1999 - 266 - CITY OF KITCHENER display and Mr. J. Gazzola was directed to take the whole question of creating a permanent display area under consideration. Mr. Mark Klein, Pattison Outdoor Advertising, Hamilton, appeared as a delegation in support of the recommendation of the Committee of Adjustment which recommends approval of Submission No. S 4/99 - 1325702 Ontario Inc. as listed under Item B.5 of the Committee of the Whole agenda of this date. Mr. Klein indicated that he did not have a presentation to make but had attended just to support the recommendation. Councillor T. Galloway questioned if it was City policy to allow relocation of a legal non-conforming billboard sign when it was his understanding that it was Council's intention to reduce the number of legal non-conforming signs. Mr. B. Stanley advised that staff consider that the action being taken brings the situation as it currently exists into closer conformity with the by-law and was therefore looked on in a positive way. Councillor Galloway stated that he was opposed to the recommendation. The two recommendations listed under item B.5 of the Committee of the Whole agenda, being Submission No. F 4/99 and Submission No. S 4/99 were then dealt with. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of June 15, 1999, recommending approval of Submission No. F 4/99 - Gerard Kelly - Be Ratified & Confirmed." - and - "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of June 15, 1999, recommending approval of Submission No. S 4/99 - 1325702 Ontario Inc. - Be Ratified & Confirmed." Carried. Ms. Catherine May appeared as a delegation to oppose the recommendation in clause 4 of the Planning and Economic Development Committee report that would approve a Municipal Plan Amendment and Zone Change Application relative to the property known municipally as 50 & 60 Lancaster Street West. She stated that many neighbours were concerned about the company relocating to the subject property given that there was currently a parking problem on Breithaupt Street and there was no way parking required in respect to the car repair operations and other customers of the business could be accommodated. Further, she stated that there was no place for storage of snow on the site. In summary she asked that Council refuse the applications. In response to Councillor M. Yantzi, she advised that her home was located six houses from the subject property. Mr. B. Stanley advised that two parking spaces were required for the business but that there was enough space to accommodate seven vehicles for parking purposes. Further, he stated that the business was not a general repair facility and would only install parts being sold from its premises. Councillor John Smola stated that he had closely reviewed the applications and would support them particularly since the business has obtained extra parking off-site and would have no outside storage. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 4 of the Planning and Economic Development Committee report of this date be adopted." Carried. Ms. B. Newell, appeared as a delegation to provide a presentation in support of clause 9 of the Planning and Economic Development Committee report of this date dealing with the City of Kitchener Economic Trends Report. Before focusing on the current report, Ms. Newell advised that in 1998 staff had produced a demographic report for the City. She noted that the Trends Report only reviews certain characteristics of the Kitchener economy and highlighted various aspects from the report. Ms. Newell pointed out that the Study found that employment in the service sector has surpassed COUNCIL MINUTES JUNE 21, 1999 - 267 - CITY OF KITCHENER employment in the industrial sector. Other findings were that the economy was stable, employment was continuing to shift from industry to the service sector, construction was increasing, most demand for residential was in the form of single family homes and household income has continued to decline. In response to Councillor Jake Smola, she advised that the demographic report has been widely distributed and was available in the department's library as well as the public library and branches. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 9 of the Planning and Economic Development Committee report of this date be adopted." Carried. Mr. Cedric Thorne, appeared on behalf of Urban Sound Entertainment, to support his request outlined in the agenda for a noise exemption at Sportsworld from 11 p.m. June 25 to 4 a.m. June 26 for the purposes of a Grad celebration by High School, College and University students. Councillor J. Haalboom pointed out that neighbours on the other side of King Street are concerned with noise issues and questioned how he would deal with this matter, as well as the issue of security. Mr. Thorne advised that to reduce the noise from the entertainment, the speaker system would be turned into the park pointing away from the neighbourhood and that he had engaged a security team of approximately 35 individuals in addition to the security that Sportsworld provides for such events. He indicated that approximately 500-1,200 participants were expected. In response to Councillor J. Haalboom, Ms. L. Pasternak advised that Council has granted exemptions in the past after having looked at relevant issues. Councillor Haalboom advised that she has contacted Sportsworld officials and discussed security issues, as well as reached an undertaking in which they would agree to inform the residents of Edgehill, Pioneer Tower and adjacent Crescents informing them of the event and providing information on whom to contact should there be any problem with the event. Moved by Councillor J. Haalboom Seconded by Councillor G. Lorentz "That the request of Mr. Cedric Thorne, on behalf of Urban Sound Entertainment, for exemption from Chapter 450 (Noise) of the Municipal Code with respect to an event to be held at Sportsworld Inc., 100 Sportsworld Drive, between the hours of 11 p.m. June 25, 1999 to 2 a.m. June 26, 1999 be approved." Carried. Several delegations were registered with regard to the OMERS Plan Enhancements and the City's Early Retirement Incentive Program. Council was in receipt of reports this date from Messrs. Doug Paterson and J. Gazzola on these matters. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion and voting in respect to clauses 2 & 3 of the Finance and Administration Committee report (OMERS Enhancements and Incentive Program) as his wife is employed by the City of Kitchener. Mr. Mark Charboneau appeared as a delegation on behalf of CUPE Local 68 with respect to the pension issues. He advised that CUPE 68 supports clause 2 of the Finance and Administration Committee report which recommends the City extend its early retirement benefits insurance to eligible staff who are contemplating retirement under the OMERS Early Retirement Enhancements. He spoke on the cost of this benefit and pointed out that if it was not in place there was no incentive to take early retirement. On the matter of the early retirement incentive program of the City he opposed the recommendation of staff that it not be extended to the staff between 50 & 55 who are contemplating early retirement. He asked that the age be reduced to 50 and the incentive be put in effect for another three years on the basis that without both the benefit insurance and the incentive to retire early, few staff would take advantage of the OMERS early retirement enhancements. In response to Councillor J. Ziegler, he advised that the Cities of Cambridge and Waterloo were currently evaluating their position in this regard. Mr. Harold Vance appeared as a delegation representing Local 636, Utilities Workers, and advised that they were in agreement with the recommendation that the benefits insurance be extended to staff retiring under the latest OMERS program. He stated that they opposed cancellation of the early retirement incentive program. He commented on the amount of sick leave accumulated by employees COUNCIL MINUTES JUNE 21, 1999 - 268 - CITY OF KITCHENER and the fact that 147 previous City employees had the opportunity to take advantage of the early retirement incentive program. He noted that the Local had agreed to a cap on new employees and suggested that elimination of the incentive would have a negative effect on employee relations. Councillor J. Ziegler commented that when the original incentive was introduced, it was brought in by City Council and was not a matter relating to contract bargaining. Mr. Mike Smith, Chairperson for Local 4304 of the CAW appeared and advised that his concerns were the same as those expressed at the meeting of the Finance and Administration Committee. He commented that the City could save money by offering employees the incentive to retire and pointed out that part of the monies saved by the City from not having to make contributions to the OMERS pension fund during the contribution holiday could be used to fund the incentive program. Mr. Tony Wolfar, Benefit Specialist with the National CAW pointed out that provision of retirement benefits and incentives were very common practice in the private sector and he provided examples in this regard. He noted that there would be advantages in operational savings for the corporation with having new employees replace older employees. He referred to the memorandum of Mr. Paterson and commented that it should be seen as positive to bring new employees into the organization and suggested that the costing referred to in the memo confuses one time costs with on-going costs. He again pointed out that the City was saving $750,000 annually from not having to contribute to OMERS in the next several years. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That clauses 2 & 3 of the Finance and Administration Committee report of this date be adopted." Councillor J. Ziegler questioned how the current incentive was funded and Mr. J.Gazzola advised that it was from the Sick Leave Reserve Fund. It was pointed out that the fund contained $1.2 million which represented about 10% of liability and that the auditors have recommended a 25% funding level which would require approximately $3.5 million to reach that level. In response to Councillor Jake Smola, Mr. J. Gazzola advised that the impact of discontinuance of the incentive plan was unknown as it was not known how staff would react. Councillor Jake Smola referred to a letter circulated from Mr. Gazzola this date and Mr. Gazzola commented that there was an advantage in pay and vacation savings by hiring new employees to replace older ones. However, he stated that incentives were in place a number of years ago to accomplish change and that this was no longer needed from the Corporation's point of view. He then reviewed how the incentive program came about as City policy. Councillor John Smola stated that he supported clause 2 of the Finance and Administration Committee recommendation. However, in reference to clause 3 of the report, he pointed out that a lot of information had been circulated this evening and he needed the opportunity to evaluate its contents. Accordingly, he suggested that clause 3 of the report be deferred and referred to the Finance and Administration Committee and special Council meeting of June 28, 1999. Councillor J. Ziegler suggested that consideration be given to a graduated scale of benefits in respect to pensions between the $35,000 and $50,000 amount. Councillor T. Galloway stated that he supported extension of the benefits to age 50. He pointed out that in his view benefits should be dealt with on a universal basis and that it was overcomplicating the issue by treating it in any other way. Councillor G. Lorentz stated that he supported deferral of clause 3 and asked for further explanation from staff and also that they attempt to find some creativity in respect to this issue. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That clause 3 of the report of the Finance and Administration Committee of this date be deferred and referred to the meetings of the Finance and Administration Committee and Special Council to be held June 28, 1999." Carried. The motion of Councillor J. Ziegler, seconded by Councillor G. Lorentz to adopt clause 2 of the Finance and Administration Committee report of this date was put to a vote and Carried. COUNCIL MINUTES JUNE 21, 1999 - 269 - CITY OF KITCHENER Councillor B. Vrbanovic previously disclosed a pecuniary interest and abstained from all discussion and voting on claues 2 & 3 of the Finance and Administration Committee report as his wife is employed by the City. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of St. Mary's Hospital to support exemption from the payment of development charges in respect to enlargement of hospitals. He noted that Council was in receipt of a letter dated June 18, 1999 and revised proposed by-law from Ms. D. Arnold proposing a revision to clause 10 of the Finance and Administration Committee report that deals with imposition of development charges. In response to Councillor T. Galloway, Ms. D. Arnold clarified the content of her memorandum as it relates to public hospitals and a minor change in respect to inclusion of Nursing Homes. Moved by Councillor B. Vrbanovic Seconded by Councillor John Smola "That, in accordance with subsection 12(3) of the Development Charges Act, 1997, S.O. 1997, c.27, Council has determined that a further public meeting is not necessary to consider the changes made to the proposed by-law since the public meeting of June 14, 1999, specifically the changes to the said by-law to provide for an exemption from the payment of development charges in respect of the enlargement of hospitals as defined in the Public Hospitals Act, R.S.O.1990, c.P.40, and the amendment to the definition of 'lodging house' to include nursing homes." Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That clause 10 of the Finance and Administration Committee report of this date be amended so that the draft by-law be further revised to provide for an exemption from the payment of development charges in respect of the enlargement of hospitals as defined in the Public Hospitals Act, R.S.O. 1990, c.P.40 and the amendment to the definition of 'lodging house' to include nursing homes and that Council pass the attached by-law with respect to the imposition of development charges and clause 10, as amended, be adopted." Carried. Mr. J. Gazzola thanked the City staff team composed of Ms. C. Ladd, D. Arnold, G. Luciantonio and Mr. D. Mansell whom were assisted by Mr. R. Mattice for their efforts in dealing with the development charges issue. He noted that the proposed by-law was completed without the necessity of hiring off- site consultants. On motion by Councillor B. Vrbanovic, seconded by Councillor John Smola, it was agreed that the development charges by-law would be given three readings this date. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted." Councillor Jake Smola referred to clause 2 of the report dealing with the subdivision on Huntington Place by First Suburban Homes Inc. He questioned the recommendation to exempt the cul-de-sac with respect to the emergency access policy and the deletion of the requirement for sidewalk on both sides of the cul-de-sac. Further, he noted that there was an error in the Planning and Economic Development Committee minutes with respect to his vote in the recorded vote on the deletion of the sidewalks. He pointed out that 22 homes were proposed for the cul-de-sac and that if the sidewalks were installed on both sides it would not affect the property lines. Further, he indicated that the applicant has not put forward an argument for not installing the sidewalks and questioned its removal. Councillor J. Ziegler commented that there were numerous streets and cul-de-sacs without sidewalks and in this instance it was a type of exemption the City has made in the past. Also he asked that it be noted that the developer was undertaking to shift a number of trees within the subdivision. Councillor Jake Smola requested a recorded vote in respect to the deletion of condition 58 from clause 2 of the COUNCIL MINUTES JUNE 21, 1999 - 270 - CITY OF KITCHENER report. Mayor C. Zehr and Councillors C. Weylie, J. Haalboom, B. Vrbanovic, T. Galloway, J. Ziegler and K. Taylor-Harrison voted in favour and Councillors John Smola, Jake Smola, G. Lorentz and M. Yantzi voted in opposition. In respect to the referral of clause 3 of the report to this meeting, it was indicated that staff were going to approach the Public Works Department, but that the matter had not been concluded. The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried. Clause 3 - Action deferred and referred to the June 28, 1999 Special Council meeting. Clauses 4 & 9 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." The contents of a report from Ms. L. Pasternak, suggesting revision to clause 7 of the Committee report were considered. On motion by Councillor G. Lorentz, seconded by Councillor T. Galloway, it was agreed to incorporate the revisions to the proposed policy outlined in correspondence dated June 17 from Ms. L. Pasternak. The report was then put to a vote. Voted on clause by clause. Clause 7 - Carried, as amended. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the report of the Finance and Administration Committee of this date be adopted." On motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, it was agreed to amend clause 1 of the report to provide that staff with Council representation review the submissions. The Committee was in receipt of a request from Ms. L. Pasternak asking that reference to the KDBA in clause 9 be changed to the company supplying Mt. Fuji. On motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, it was agreed to amend clause 9 so as to refer to Fuji Photo Film Canada Inc. in place of the KDBA. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion with respect to clause 13(j) of the report as his wife is employed by the City of Kitchener in its Information Services Division. On motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, it was agreed to amend clause 13(d) of the report so as to add reference to the Region of Waterloo relative to discussions between the three Cities. A motion was introduced by Councillor T. Galloway, seconded by Councillor J. Haalboom to amend clause 13 of the report so as to add sub-clause (m) to read 'that Regional Council be separate from the area Municipal Councils'. Councillor J. Haalboom requested a recorded vote on clause 13(a) of the report. COUNCIL MINUTES JUNE 21, 1999 - 271 - CITY OF KITCHENER Councillor J. Haalboom advocated one-tier government and the necessity for direct election to the Region of Waterloo for strong local government. Councillor Haalboom favoured one-tier government on the basis of the need for an all encompassing land policy, changing demographics, service provision, tourism promotion and avoidance of municipalities competing with each other. Councillor G. Lorentz commented that he was shocked at Councillor Haalboom's position. Councillor J. Ziegler commented that prior to election of the Harris government in 1995, the City of Kitchener was held as a example that works by co-operation within a Regional Government environment. However, it was his opinion that with a separated Council this co-operative advantage would be lost. He also commented that it was his view that Mayor Zehr should be arguing the advantages of the present two-tier government. He suggested that the Regional Reform Rationalization issue was media driven and that alleged reported savings from rationalization/regionalization of services does not deal with the loss of economy of scale issues affecting the local level. Councillor Jake Smola commented that in a separated Council environment the area Mayors would provide continuity to area municipal councils. Councillor M. Yantzi stated that it was his view that local and regional issues must have balance and that co-operation would remain in place in a separated Council scenario. Councillor B. Vrbanovic stated that he was in total opposition to a single tier government and supports separated Councils operating within a strong two-tier system. Councillor T. Galloway stated that he supports clause 13(a) because at present Regional decisions are in effect made at the local level. Further, he noted that the size of the budget of the Region of Waterloo justifies proper governance and responsibility. Councillor John Smola stated that he supported clause 13(a) of the report. He also commented that in his view a study for a Regional fire service was not necessary and that on the matter of separated Councils, the question of workload must be considered. In this regard, he asked that the Councils be totally separate and that the separation include the area Mayors not sitting on Regional Council. Councillor G. Lorentz commented that Mayors in large urban centres are full-time, but including the Mayor on Regional Council would result in the position having to carry a lot more responsibility and time commitment. He questioned why the Mayor should sit at Regional Council given that time would not allow the Mayor to be involved in the Committee structure of the Region. Councillor Lorentz requested a separate vote on clause 13(f) of the report. Finally, he suggested it was time that this Council started talking about how good the existing two-tier system is. Councillor K. Taylor-Harrison made a statement regarding her concerns over this issue and the results of a survey she had undertaken. She stated that almost everyone she surveyed favoured keeping the existing system as it is and noted that taxpayers are of the view that the changes being proposed will be the first step to one-tier government. Also she stated that most people do not believe that rationalization will result in cost savings and that she will be voting 'No' to separated Councils. Councillor C. Weylie pointed out that in 1970 Kitchener had voted for a one-tier government and questioned why consideration was being given to adding to the number of politicians within the two- tier government environment. She asked that clause 13(a) of the report be dealt with before consideration of the issue of separated Councils was dealt with. Councillor Jake Smola maintained that with separated Councils the number of politicians would not increase nor would costs increase. In response to Councillor J. Haalboom, who requested clarification of procedure relative to any change in Council selection, Mr. R.W. Pritchard advised that an application must be made to the Region and the Region would have to approve it and apply to the Province for approval. He then reviewed the options for selection of City of Kitchener representatives to the Region of Waterloo as enacted by City Council resolution dated June 1, 1998. Mayor C. Zehr advised that he wished to make a number of comments. He acknowledged that there has been tremendous co-operation between the City and the Region through the years and that co- operation worked because of goodwill on the part of all those involved. He stressed that governments do not equate to community, that change not be avoided and that with increasing representation there would be more people representing interest of the City. Finally, he pointed out that separated Councils would solve the representation dilemma that is facing Kitchener. JUNE 21, 1999 COUNCIL MINUTES - 272 - CITY OF KITCHENER The Finance and Administration Committee report was then put to a vote. Voted on clause by clause. Clauses 1 & 9 - Carried, as amended. Clause 2 - Dealt with under Delegations and Carried. Clause 3 - Dealt with under Delegations and action deferred and referred to the June 28, 1999 Finance and Administration Committee and Special Council meetings. Clause 10 - Dealt with under Delegations and Carried, as amended. Clause 13 - Sub-clauses were dealt with individually and a number of recorded votes were requested: Clause 13(a) - In Favour: Mayor C. Zehr and Councillors Jake Smola, M. Yantzi, J. Ziegler, K. Taylor-Harrison, G. Lorentz, B. Vrbanovic, T. Galloway, C. Weylie and John Smola. Contra: Councillor J. Haalboom. Motion Carried. Clause 13(b) - On motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, it was agreed to amend the wording so as to provide that representation of the City be no less than its current ratio of representation and the clause, as amended was Carried. Clause 13(c) - (Recommendation of Finance and Administration Committee - that contingent upon Regional Council remaining at its current size, the Mayors of the Area Municipal Councils continue to sit on both levels) In Favour: Mayor C. Zehr and Councillors Jake Smola, M. Yantzi, B. Vrbanovic and T. Galloway. Contra: Councillors J. Ziegler, K. Taylor-Harrison, G. Lorentz, C. Weylie, J. Haalboom and John Smola. Motion Lost. Clause 13(c) - revised - A motion was introduced by Councillor J. Ziegler, seconded by Councillor G. Lorentz to replace clause 13(c) with wording to require that the Mayors of the area municipalities not sit on Regional Council. In Favour: Councillors J. Ziegler, K. Taylor-Harrison, G. Lorentz, C. Weylie, J. Haalboom and John Smola. Contra: Mayor C. Zehr and Councillors Jake Smola, M. Yantzi, B. Vrbanovic and T. Galloway. Motion Carried. Clause 13(d) - A friendly amendment was accepted to include reference to the Region of Waterloo relative to discussion of transit services and the clause, as amended ,was Carried. JUNE 21, 1999 COUNCIL MINUTES - 273 - CITY OF KITCHENER Clause 13(f) - In Favour: Mayor C. Zehr and Councillors Jake Smola, M. Yantzi, K. Taylor-Harrison, B. Vrbanovic, T. Galloway, C. Weylie and J. Haalboom. Contra: Councillors J. Ziegler, G. Lorentz and John Smola. Motion Carried. Clause 13(j) - Carried. Clause 13(e), (g), (h), (i), (k) & (I) - Carried. Clause 13(m) - The amendment to the report introduced by Councillor T. Galloway, seconded by Councillor J. Haalboom, to provide that Regional Council be separated from the area municipal councils was dealt with. In Favour: Mayor C. Zehr and Councillors Jake Smola, M. Yantzi, B. Vrbanovic, T. Galloway and J. Haalboom. Contra: Councillors J. Ziegler, K. Taylor-Harrison, G. Lorentz, C. Weylie and John Smola. Motion Carried. Clause 13(n) - On motion by Councillor J. Ziegler, seconded by Councillor B. Vrbanovic, it was agreed to add a clause reading that the City of Kitchener retain existing sewer and water operations and responsibility for billing and the clause was Carried. Clause 13(o) On motion by Councillor B. Vrbanovic, seconded by Councillor J. Ziegler, it was agreed to add a further clause with respect to the Provincial Offences Act dealing separately with matters of administration and revenues that are to be shared on a co-operative basis between the area municipalities and the Region and the clause was Carried. Clauses 14 & 15 - Carried. Balance of report - Carried. Recorded Pecuniary Interest and Abstention: Clauses 2,3 and 13(j) - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." Carried. COUNCIL MINUTES JUNE 21, 1999 - 274 - CITY OF KITCHENER Councillor Jake Smola referred to watermain cleaning taking place in his Ward and commented on incidents involving notices that were given of shut-offs that were to take place, but in fact did not. In one incidence, a homeowner was confronted with such notices three times. Mr. E. Kovacs advised that the operational sequence of cleaning is what dictates a certain rigidity in the procedure and pointed out that if there are complications there would be delays resulting in the shut-offs not taking placing. Councillor Jake Smola requested that staff clarify the notification process. Councillor K. Taylor-Harrison publicly congratulated Miss Colleen Stewart, the Council's Page for winning the Canada Day Award for Citizenship. Councillor M. Yantzi requested that the possibility of a hot-glass facility be listed on the Finance and Administration Committee agenda for discussion. Councillor C. Weylie advised that fire works had been set off in Monarch Woods and asked that Legal staff review the City's by-law with respect to this matter. Councillor C. Weylie advised that an additional member was required on the Property Standards Committee to allow it to undertake consideration of applications during the summer period and facilitate a new hearing procedure. Moved by Councillor C. Weylie Seconded by Councillor J. Haalboom "That Councillor B. Vrbanovic be appointed to the Property Standards Committee for a term to expire November 30, 1999." Carried. Councillor J. Haalboom advised that she had attended a meeting of a Kitchener Senior's Group and commented on the need for various individuals as new representatives. She asked that anyone interested should contact Ms. Bev Aikenhead in the Parks and Recreation Department. Councillor J. Ziegler requested that the issue of a storm water management exemption request be added to the Planning and Economic Development Committee agenda for consideration. Following the Council meeting, it was determined that this issue should be properly dealt with by the Public Works and Transportation Committee. Councillor G. Lorentz noted that residents were willingly participating in the Speed Awareness Program in Forest Heights and that volunteers were needed in the community to operate the equipment. Councillor T. Galloway advised that the new headquarters of the Fire Department was nearing completion and that the official opening date of the station had been set for Friday, October 1st which coincided with Fire Prevention Week. At the request of Mr. R.W. Pritchard, Council consented to the addition of a by-law to the agenda for three readings this date with respect to Thomas Slee Drive. Moved by Councillor B. Vrbanovic Seconded by Councillor John Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close part of the public highway known as Glasgow Street in the City of Kitchener, to sell part thereof, and to dedicate another part thereof as a public walkway (b) Being a by-law to change the name of a certain street in the City of Kitchener (Forwell Road to Otterbein Road) (C) Being a by-law to close and sell part of Old Chicopee Drive shown as Part 1, Plan 58R- 9471, and to close part of former Morrison Road shown as Part 2, Plan 58R-2232 in the City of Kitchener COUNCIL MINUTES JUNE 21, 1999 - 275 - CITY OF KITCHENER (d) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property with Assessment Roll Number 040-034-127 Drummond Drive, Kitchener (Cont'd) (e) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 50 Peltz Avenue, Kitchener (f) Being a by-law with respect to the imposition of development charges (g) Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code regarding Site Plan Control (h) Being a by-law to provide for the widening of part of Heiman Street as a public highway in the City of Kitchener (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff (j) A by-law to amend By-law 97-185, as amended, to delegate certain authority under the Planning Act, R.S.O. 1990, c.P.13 (k) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (m) Being a by-law to amend By-law 85-1 City of Kitchener - Hallman Brierdale 97/33/H/PB , as amended, known as the Zoning By-law for the Limited - Oldfield Drive and Heritage Drive - No. (n) Being a by-law to adopt Amendment No.21 to the City of Kitchener Municipal Plan - Infill Development on Private Water Supply in Limited Service Residential District No.99/01/D/LM (O) Being a by-law to adopt Amendment No.22 to the Municipal Plan - Graeme Jans - 50 and 60 Lancaster Street West - MP 99/04/L/GR (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Graeme Jans - Lancaster Street West - No. 99/05/L/GR (q) To confirm all actions and proceedings of the Council (r) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (S) Being a by-law to provide for the establishing and laying out of part of Thomas Slee Drive 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. Haalboom as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. JUNE 21, 1999 COUNCIL MINUTES - 276 - CITY OF KITCHENER Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "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." Moved by Councillor B. Vrbanovic Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) (C) Carried. Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property with Assessment Roll Number 040-034-127 Drummond Drive, Kitchener (By-law No. 99-104) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 50 Peltz Avenue, Kitchener (By-law No. 99-105) Being a by-law with respect to the imposition of development charges (d) Being a by-law to amend regarding Site Plan Control (e) (f) (g) (h) (i) (By-law No. 99-106) Chapter 683 of The City of Kitchener Municipal Code (By-law No. 99-107) Being a by-law to provide for the widening of part of Heiman Street as a public highway in the City of Kitchener (By-law No.99-108) 101 of the City of Kitchener Municipal Code Being a by-law to amend Chapter respecting the Appointment of Staff (By-law No. 99-109) A by-law to amend By-law 97-185, as amended, to delegate certain authority under the Planning Act, R.S.O. 1990, c.P.13 (By-law No. 99-110) To further amend By-law No. 94-101, 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. 99-111 ) To further amend By-law No. 94-101, 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. 99-112) JUNE 21, 1999 (j) COUNCIL MINUTES - 277 - (Cont'd) (k) (m) (n) (o) (p) CITY OF KITCHENER 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 - Oldfield Drive and Heritage Drive - No. 97/33/H/PB (By-law No. 99-113) Being a by-law to adopt Amendment No.21 to the City of Kitchener Municipal Plan - Infill Development on Private Water Supply in Limited Service Residential District No.99/01/D/LM (By-law No. 99-114) Being a by-law to adopt Amendment No.22 to the Municipal Plan - Graeme Jans - 50 and 60 Lancaster Street West - MP 99/04/L/GR (By-law No. 99-115) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Graeme Jans - Lancaster Street West - No. 99/05/L/GR To confirm all actions and proceedings of the Council be taken as read a third time, be finally (By-law No. 99-116) (By-law No. 99-117) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 99-118) Being a by-law to provide for the establishing and laying out of part of Thomas Slee Drive as a public highway in the City of Kitchener (By-law No. 99-119) oassed and numbered serially by the Clerk." Carried. On motion the meeting adjourned. MAYOR CLERK COUNCIL MINUTES JUNE 21, 1999 - 278 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Zone Change Application ZC 99/13/E/CL (Eastforest Trail - City of Kitchener) to remove holding provision 8 (h) from lands zoned Residential Six (R-6) legally described as Part Lot 7, Registered Plan 1725, be approved in the form shown in the "Proposed By-law" attached, dated May 19, 1999, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. That City Council grant an exemption to Policy 1-652 for emergency access to allow the maximum length of a cul-de-sac without an emergency access to be 184.5 metres rather than the maximum 150 metres set out in the policy. That the City of Kitchener pursuant to Section 51 (31) of the Planning Act R.S.O.1990, c.p. 13, as amended, and Delegation By-law 97-601 of the Regional Municipality of Waterloo grant draft plan approval to Plan of Subdivision 30T-98206 (Huntington Place) in the City of Kitchener for First Suburban Homes Inc. subject to the following conditions: That this approval applies to Plan of Subdivision 30T-98206 for First Suburban Homes Inc. as shown on the plan prepared by Green Scheels Pidgeon Planning Consultants dated October 13, 1998 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 25, 1999, as revised June 14, 1999 which shows the following: Blocks 1-22 - Single Detached Residential (maximum 22 units) Block 23 - Park Block 24 - Storm Water Management Blocks 25-44 - Lot Additions CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions, which may be re- numbered, be written therein: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated, revised June 14, 1999 providing that minor amendments to said plan, acceptable to the General Manager of Business and Planning Services and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. To submit a Lot Grading and Drainage Control Plan for approval by the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, and the Grand River Conservation Authority, prior to any grading or construction on site or registration of the subdivision plan. Said engineering design shall include erosion provision for any required erosion and siltation control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 53. To prepare a detailed engineering design for storm water management to the satisfaction of the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recreation, and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to registration of the plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized on site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the final design. COUNCIL MINUTES JUNE 21, 1999 - 279 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd 54. That construction traffic accessing this subdivision shall be restricted to using Westwood Drive southwesterly to Glasgow Street to Fischer-Hallman Road. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement, with the Subdivider being responsible for any signage, where required by and to the satisfaction of the City's General Manager of Public Works. 55. That the street name within the plan shall be Huntington Place as shown on the Plan of Subdivision. 56. To convey to the City the following lands for the purposes stated herein, at no cost and free of encumbrance, concurrently with the registration of the Plan of Subdivision: (a) (b) Block 23 for park purposes; and Block 24 for storm water management purposes. 57. That Blocks 25 to 44 be designated as lot additions available for conveyance to abutting lots in Plan 1273 or added to the proposed lots within this plan to resolve encroachments. 58. (Condition deleted by Planning and Economic Development Committee). 59. To install to the satisfaction of the City's General Manager of Parks and Recreation a 1.2 metre high paige wire fence or an alternative marking system along the property lines of Block 23. 60. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's General Manager of Business and Planning Services. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, and inspected by the City and the Subdivider has received a written authorization from the City's General Manager of Public Works to proceed with said grading. c) to implement and be responsible for providing all information contained in the approved detailed vegetation plan, tree preservation/enhancement plan (if applicable), to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. d) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of The Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than approved on the detailed vegetation plan and/or on which the revised grading will have an adverse effect on the detailed vegetation plan. COUNCIL MINUTES JUNE 21, 1999 - 280 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost and as directed by the Subdivider's Environmental Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plan Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's General Manager of Business and Planning Services and shall be satisfactorily implemented prior to occupancy of the units or, due to weather condition, by the next planting season. 61. In consideration of the removal of a portion of Vegetation Unit 8 as shown of the approved Tree Management Plan, a new wooded edge shall be re-established in Lot 1 to the satisfaction of the Director of Planning. In addition, the Subdivider is also responsible for the removal of any dead or dangerous trees within Block 23, as determined by the General Manager of Parks and Recreation, for a period of three years after the registration of the plan of subdivision. 62. That the conveyance of Block 23 which has an area of 0. 12 hectares fulfils the park dedication requirements under the Planning Act. 63. That subsequent to the registration of the plan of subdivision and following the completion of the construction of Huntington Place to the satisfaction of the City's Department of Public Works, the City Solicitor shall arrange for the passing of a By-law opening the 0.3 metre reserve, legally described as Block "P', Registered Plan 1273 as public highway. 64. That the subdivider guarantee to replace any transplanted trees, as outlined on the Tree Management Plan, with a significant mature tree having a large trunk should the transplanted tree not survive 3 years. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following requirements to the satisfaction of the Regional Municipality of Waterloo: That the owner prepare a Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate rail noise levels for the Canadian National Railway main line, and if necessary, shall enter into an agreement with the Region and/or the City of Kitchener to provide for implementation of the approved study attenuation measures prior to the issuance of building permits. 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 servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. COUNCIL MINUTES JUNE 21, 1999 - 281 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd 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." 4. Other Agency Conditions: That prior to any grading or construction on the site and prior to registration of the Plan, the owner prepare 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. Clearance Conditions: That prior to the signing of the final plan by the City's General Manager of Business and Planning Services, the City of Kitchener is to be advised by the Regional Commissioner of Planning and Culture that Conditions 3.1 and 3.2 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 such condition has been satisfied. That prior to the signing of the final plan by the City's General Manager of Business and Planning Services, the City of Kitchener is to be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Authority shall include a brief statement detailing how the condition has been satisfied. 5. Notes: The owneddeveloper is advised that the provisions of the Development Charges By-laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Charges Act, S. O. 1989 apply to this draft approval and are to be satisfied as follows: a) Inquiries regarding the application of the area Municipal Development Charges By-law should be directed to the City of Kitchener. b) In accordance with subsection 5(2) of Regional Development Charge By- law, 91-91 as amended, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: at the time of entering into a subdivision agreement with the City of Kitchener, the owneddeveloper may pay 100% of the "Hard Service" development charge component as calculated in accordance with Section 1 of Schedule "C' of By-law 91-91, directly to the Regional Municipality of Waterloo; or COUNCIL MINUTES JUNE 21, 1999 - 282 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd ii) prior to entering into a subdivision agreement with the City of Kitchener, the owneddeveloper may enter into a agreement with the Regional Municipality of Waterloo to defer payment of the "Hard Service" development charge component in accordance with Section 2 of Schedule "C" of By-law 91-91. c) The owneddeveloper is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered in conjunction with a written payment calculation request made under b) above. In addition to the normal registered requirements, this plan must either include or be accompanied by a listing that includes metric are calculations certified by an Ontario Land Surveryor for every lot and block on the plan. The final plans for Registration must be in conformity with Ontario Regulation 43~96, as amended, under The Registry Act. 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 Department of any changes in ownership, agent, address and phone number. 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. The owneddeveloper 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.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 30T-98206. 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. 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. 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 JUNE 21, 1999 - 283 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd This draft plan was received on or after May 22, 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. 1996, c.4 (Bill 20). 10. The owneddeveloper 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 owneddeveloper 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 owneddeveloper 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 owneddeveloper 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. 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. 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 four (4) four (4) Original mylar Mylar copies White paper prints ends." It is the opinion of this Committee that approval of this application is proper planning for the City. That Business and Planning Services staff report BPS 99/94 dealing with proposed re-grading of Sites 139, 140 and 141 fronting Washburn Drive in Huron Business Park be deferred and referred to the June 28, 1999 Special Council meeting for consideration. (Action deferred and referred to the June 28, 1999 Special Council Meeting) 1) That City Council approve Municipal Plan Amendment Application MP 99141LIGR (50 & 60 Lancaster Street West - Graeme Jans) being an amendment to: a) add Special Policy 7 to Section 13.8.3 (North Ward Neighourhood Secondary Plan) as follows: COUNCIL MINUTES JUNE 21, 1999 - 284 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. Cont'd Notwithstanding the Mixed Industrial-Residential designation, on lands known as 50 and 60 Lancaster Street West, the retail sales and installation of automobile parts may also be permitted as accessory to the wholesaling of automobile parts, subject to the regulations set out in the zoning by-law governing the size and location of such uses. b) amend 'Map 19 - Plan for Land Use' for the North Ward Neighbourhood Secondary Plan by adding special policy 7 as shown on Schedule 'A' attached. It is the opinion of this Committee that approval of this application is proper planning for the City. 2) That Zone Change Application ZC 99/5/L/GR (Lancaster Street West - Graeme Jans) requesting a change in zoning from Industrial Residential Zone (M-l) to Industrial Residential Zone (M-l) with special use provision 267U, on lands legally described as Part Lots 5 and 6, Registered Plan 82, more particularly described as Parts 3 and 4, on Plan 58R-2174, be approved in the form shown in the "Proposed By-law" attached, dated April 23, 1999, 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 a recommended Amendment (50 & 60 Lancaster Street West) to the City's Municipal Plan. (Dealt with under Delegations and Carried) That Zone Change Application ZC 97/33/H/PB (Oldfield Drive / Ottawa Street / Heritage Drive - Hallman Brierdale Limited) requesting a change in zoning from Residential Three Zone (R-3) to Community Institutional Zone (I-2) with special use provision (230U) and special regulation provision (310R) according to By-law 85-1, on lands legally described as Lots 63-73 inclusive, Block 74 and 75, Registered Plan 1589, be approved, in the form shown in the "Proposed By- law" attached, dated April 29, 1999 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. That the "Proposed By-law" dated March 31, 1999 and the proposed "Design Standards for Drive-through facilities (DS-A-10. 1 )" attached to staff report BPS 99/61 be tabled; and That staff be directed to make appropriate revisions to the proposed by-law and proposed design standards to separate drive-through operations from residential uses by either a 200 foot distance separation requirement in addition to the proposed design standards or a concrete noise attenuation barrier of sufficient density and height to block noise, garbage and lights from such operations: and That the Department of the Business and Planning Services be directed to consult with appropriate representatives from the business community, neighbourhood associations and the Environmental Committee regarding the "Proposed By-law" and "Proposed Design Standards for Drive-through facilities"; and That results of the consultation process be brought back to the Planning and Economic Development Committee for consideration at its meeting to be held October 25, 1999. That the Department of Business and Planning Services be requested to prepare a report to look at the planning, zoning and administrative issues and implications involved in implementing a distance separation for lodging houses presently permitted in the downtown and the opportunities and challenges that go along with it. COUNCIL MINUTES JUNE 21, 1999 - 285 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. 1) That Council pass a by-law to prohibit roof signs for a temporary period where other identification signage exists on the same property to allow for the completion of a full review of the appropriate regulations in the sign by-law. 2) That a full report dealing with the sign matters of concern, as contained in the May 3, 1999 resolution of Finance and Administration Committee, be brought to the Planning and Economic Development Committee meeting of September 27, 1999. That Council receive for information the report entitled "City of Kitchener, Economic Trends" dated April 1999 prepared by the Department of Business and Planning Services. (Dealt with under Delegations and Carried) COMMUNITY SERVICES COMMITTEE - That the proposal of J. M. Drama to lease the Registry Building from the City if Kitchener for use as a Community Arts Centre be deferred and referred to the June 28, 1999, Community Services Committee meeting; and further, That staff work with J. M. Drama to develop a business and costing plan for their proposal, to be presented at the June 28th Community Services Committing meeting. That the City of Kitchener supports the bid to bring the World Horseshoe Pitching Championship to the Kitchener Memorial Auditorium Complex in 2001; and, That the City allocate a $10,000 grant in its 2001 grant budget for a Premier Sponsorship; and further, That the sponsorship revenue shall be used by the host organizing committee to help offset local expenses. That the City of Kitchener supports the bid to bring the 2001-2002 C.I.A.U. Hockey Championship to Kitchener; and further, That a $7,500.00 grant be allocated to the host committee for a Premier Sponsorship in each of the two years to help offset expenses should the C.I.A.U. award the championship to the City of Kitchener. That the policy regarding the display and posting of information in selected City operated facilities, as attached to the report of Mr. R. Wyatt, Interim Assistant General Manager, dated June 7, 1999, be endorsed and implemented. That Council authorizes staff to register a municipal entry into the International Millennium Children's Game Festival; and further, That the City of Kitchener portion of the registration deposit, being $250.00, be paid from the minor sports account 631234. That the City of Kitchener join with the Cities of Waterloo and Cambridge to submit a bid to host the Ontario Parks Association Training Institute and Annual General Meeting in July 2000; and further, That $5,000.00 be budgeted to host a meal on behalf of Kitchener. That the proposed Behaviour Management Policy Respecting Inappropriate Behavior and Activities in City of Kitchener Parks and Recreation Department Facilities, dated June 14, 1999, incorporating revisions outlined in correspondence dated June 17, 1999 from L. Pasternak, Assistant City Solicitor, be approved for immediate implementation. (As Amended) COUNCIL MINUTES JUNE 21, 1999 - 286 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - That Council direct the issuance of a Request For Proposal to seek a consultant to develop a new logo for the City of Kitchener to represent itself to its many markets and audiences and that this logo be adopted throughout the whole of the Corporation exclusive of Kitchener Utilities, Kitchener Transit and the Kitchener Memorial Auditorium, and That staff with Council representation review submissions. (As Amended) That the City of Kitchener extend its early retirement benefits insurance to eligible staff who are contemplating retirement under OMERS Earlier Retirement Enhancements. (Dealt with under Delegations and Carried) That consideration of the following staff recommendation be deferred to the Finance and Administration Committee meeting of June 28, 1999 and Special Council meeting of June 28, 1999: That the City of Kitchener not extend its Early Retirement Incentive Program to firefighter staff between the ages of 45 - 50 (Normal Retirement Age 60) and between the ages of 50 - 55 (Normal Retirement Age 65) for all other staff; and further, That the City of Kitchener not renew its Early Retirement Incentive Program to eligible firefighter staff between the ages of 50 - 59 and all other staff between the ages of 55 - 64. (Dealt with under Delegations and action deferred and referred to June 28, 1999 meetings as stated above) That Council pass a by-law at its June 21, 1999 meeting, authorizing repairs to the exterior of the building (the rear and front steps must have a handrail installed and the front porch/landing area must have a guard rail installed) at 50 Peltz Avenue (Mr. John V. Johnson) at the property owners expense if this has not been done by the owner on or before July 7, 1999. That Council pass a by-law at its June 21,1999 meeting, authorizing the removal of waste material from Drummond Drive, Assessment Roll #040-034-127, at the property owners expense, if this has not been done by the owner on or before July 15, 1999. That, not withstanding the Pitbull provisions in Chapter 530 (Dogs) of the Municipal Code, and mendments, Council grant the request of John Cocking, Instant Replay Flyball Team, for an exemption to the said Chapter to allow pitbulls to compete in the flyball tournament to be held in the Berkley Ballroom in Bingeman Park on July 24 and 25, 1999; and further, That the above is subject to the operators providing the Humane Society, in advance of that show, with a list of the individuals who will be bringing and handling pitbulls, and also that all pitbulls will be muzzled and kept on a short leash while outside of the Berkley Ballroom premises at Bingeman Park. That a capital loan of $200,000.00 for the Centre in the Square for the purposes of installing additional exterior lighting be approved, with the terms of the loan as follows; a) interest to be charged at the rate of prime plus 1 per cent, b) principal and interest to be repaid as funds are available, to a maximum of three years from the date of the loan advance. That permission to sell food in Civic Square and Victoria Park be granted on the following dates, provided the necessary licences, including Health and Fire approvals, are obtained: COUNCIL MINUTES JUNE 21, 1999 - 287 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 8. (Cont'd) CIVIC SQUARE ACTIVITIES Tooney Tuesdays July 6, 13, 20, 27, 1999 Vendor selling Ice Cream Global Beat July 8 July 15 July 22 July 29 Vendor selling Croatian foods Various restaurants and a Vendor selling Tamales Restaurants selling Celtic foods Restaurant selling Coffee & Pastries VICTORIA PARK ACTIVITIES Kidspark August 18 Vendors selling French Fries, Pizza and Ice Cream City Blues Picnic August 15 Vendors selling Hot Dogs, Hamburgers, Swordfish. That Fuji Photo Film Canada Inc. be permitted to use the Goudies Green site for the purpose of setting up an inflatable mountain (MT. Fuji) as part of the July 9, 1999 "Cruising on King Street" event, provided the equipment complies with fire code, licensing and insurance requirements; and That the Mayor and Clerk be authorized to sign an agreement with Fuji Photo Film Canada Inc. for the use of Goudies Green (old Sauder's site), and That the said agreement to be prepared by and be satisfactory to the City Solicitor. (As Amended) 10. That the Draft By-law attached to the June 18, 1999 letter from Debra Arnold, Assistant City Solicitor, providing for the imposition of Development Charges be revised as follows: a) Replacing Schedule "B' 'Development Charge Rates' with the revised Schedule "B', attached to the report; and, b) Replacing Schedule "C' 'City of Kitchener Downtown' with the revised Schedule "C', dated June 8, 1999; and, That the "Background and Basis for City of Kitchener Development Charge Policy" (Background Study) be revised by replacing it with the Background Study dated June 8, 1999 attached to the report; and, That City Council adopt the Background Study dated June 8, 1999 and the Draft By-law providing for the imposition of Development Charges dated May 15, 1999 as revised above; and, That, upon receipt of a formal request by a subdivider, the Department of Business and Planning Services be directed to modify those conditions of draft approval which require the payment of that portion of the development charges related to engineering services prior to registration of plans of subdivision and defer such payment to the issuance of a building permit with the Legal Department being authorized to prepare supplementary agreements in accordance with the modified conditions accordingly; and, That the draft by-law be further revised to provide for an exemption from the payment of development charges in respect of the enlargement of hospitals as defined in the Public Hospitals Act, R.S.O. 1990, c.P.40, and the amendment to the definition of 'lodging house' to include nursing homes'; and further, That Council pass the attached by-law with respect to the imposition of development charges. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES JUNE 21, 1999 - 288 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 11. That a new Fire Prevention Officer position be approved; with the position being unionized within the Kitchener Professional Firefighters Association; and further, That the new Fire Prevention Officer position be an increase in the complement of the Fire Department. 12. That we approve the Ranking System, Salary Schedule, Guidelines of Application and Future Wage Maintenance proposals for the 9000 Series Classification Table as attached to the report of Ms. B. Baker, Human Resources Officer, dated June 14, 1999, save and except for a Level 1, Appendix 4, which shall three steps, as follows: Step 1 - $7.00 Step 2 - $7.25 Step 3 - $7.50; and further, That the 9000 Series Classification Table, as considered by the Finance and Administration Committee on June 14, 1999, be effective July 1, 1999. 13. That the following comprise Kitchener City Council's response to the April 14, 1999, recommendations of the area Mayors and Regional Chair concerning the rationalization/ regionalization of municipal services: a) That a strong two-tier system of municipal government be maintained in Waterloo Region. b) That Regional Council remain the same size as at present, with the City of Kitchener maintaining no less than its current ratio of representation. c) That the Mayors of the area Municipal Councils not sit on Regional Council. d) That Kitchener City Council supports in principle the Region assuming conventional transit services and services for the disabled subject to further discussions with the Cities of Kitchener, Cambridge, Waterloo and the Region of Waterloo and a satisfactory negotiation of the related details, including but not limited to: disposal of assets; operational funding; service levels; and, the future of current transit employees. e) That all services be under the control of directly elected Councils. f) That the collection of solid waste be assumed by the Region January 1, 2000 with the level of service to be determined in consultation with area municipalities. g) That the studies of a unified dispatch system and joint training facilities for emergency services continue. h) That an independent study of a Regional Fire Service be undertaken and completed by March 31,2000. i) That the devolution of development control planning from the Region to the Area Municipal level continue according to the policies already developed. j) That a study be undertaken which could lead to the future rationalization of computer systems and software across all the municipalities in Waterloo Region. k) That other opportunities for administrative sharing or rationalization be studied over the next twelve months. I) That staff be assigned to develop transitional plans for the services to be rationalized with such plans to be implemented by January 1,2000. m) That Regional Council be separated from the area Municipal Councils. COUNCIL MINUTES JUNE 21, 1999 - 289 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 13. (Cont'd) n) That the City of Kitchener retain existing sewer and water operations and responsibility for billing. o) That with respect to the Provincial Offences Act: (i) administration of the P.O.A. be shared on a co-operative basis between Area Municipalities and the Region (ii) revenues from the operation of the P.O.A. be shared on a co-operative basis between Area Municipalities and the Region. (As Amended) 14. That the Region seek transition funds from the Province to assist with one time costs associated with service rationalization. 15. That the Province be requested to introduce any legislation necessary for implementation of the above recommendations (clause #13). HERITAGE KITCHENER (L.A.C.A.C.) - 1. That, pursuant to Section 43 of the Ontario Heritage Act, we approve the request of the owner to alter the designated property municipally known as 37 Roland Avenue, located in the Victoria Park Area Heritage Conservation District, by constructing a 280 square foot addition onto the rear of the existing house, with a terraced deck, and by adding a 12' x 12' deck to the front of the house with an extension of the stucco wall with a concrete top cap, to match the existing house, all shown on the elevation drawings considered by Heritage Kitchener at its meeting of June 4, 1999. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That eastbound left turns from King Street West onto Water Street be prohibited anytime; and further, That the Uniform Traffic By-law be amended accordingly. That right turns during the red phase be prohibited for southbound Lorraine Avenue at River Road; and, That right turns during the red phase be prohibited for northbound Krug Street at River Road; and, That the right turn prohibitions, as outlined above, be in effect during the closure of Ottawa Street and be reconsidered upon the re-opening of Ottawa Street; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES JUNE 21, 1999 - 290 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND 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. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences a) Provincial Lottery It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to The Rotary Club of Kitchener-Conestoga, 451 Ottawa St. S., Kitchener, Ontario, N2M 3P6, to conduct a "Dream Home" Raffle Lottery on January 29, 2000, in the City of Kitchener, which will also include a series of "Early Bird" draws." b) Refreshment Stand It was resolved: "That the Kitchener-Waterloo Career Connections, Kitchener, Ontario, be granted permission to operate a refreshment stand, at Victoria Park, Kitchener, on July 16, 1999 provided that the necessary Fire and Health and Licence are obtained and further, that the nominal fee of $10.00 be applicable." c) Permanent Vendor It was resolved: "That a 1999 Permanent Vendor Licence be granted to Jeff Maillette in respect to a food shop to be operated under the name Petro Mart at 125 Highland Road East." d) Massagists It was resolved: "That the following massagists who are employed at 1412 Victoria St. N., Kitchener, be granted Massagist licences for the year 1999: Tracy Murawsky Sara Klooster That the following massagist who is employed at 2271 Kingsway Dr., Kitchener, be granted a Massagist licence for the year 1999: Lisa Van Bynen." 2. Oktoberfest Coins It was resolved: "That Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate $2.00 coins featuring Isaac Erb Bowman, first president of Mutual Life of Canada, as trade currency within Kitchener from Thursday, July 1, 1999 to Sunday, October 31, 1999 inclusive." COUNCIL MINUTES JUNE 21, 1999 - 291 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. A.qreement re Grant Provision for 1999 Ontario Games for the Physically Disabled It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with her Majesty the Queen in Right of Ontario (Ministry of Citizenship, Culture and Recreation) which provides for the provision of certain grant monies by the Province to the City in connection with the City co-hosting the 1999 Ontario Games for the Physically Disabled, with such agreement to be satisfactory to the City Solicitor." 4. Tenders This item was dealt with under delegations. 5. Applications for Variances - GRAND RIVER AND ROCKWAY-VICTORIA WARDS This item was dealt with under delegations. Parkin.q Licence A.qreement with Beaver Fuels Mana.qement Limited - 101 Victoria Street South The Committee was in receipt of a memorandum dated June 15, 1999 from Ms. D. Arnold. It was resolved: "That the Mayor and Clerk be authorized to sign a temporary parking licence agreement with Beaver Fuels Management Limited for parking space at 101 Victoria Street South, with such agreement to be satisfactory to the City Solicitor."