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HomeMy WebLinkAboutCouncil Minutes - 2002-11-04NOVEMBER 4, 2002 COUNCIL MINUTES 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 Ashley Parada and Kamila Wysocki, King School of Vocal. It is noted for the record that pursuant to Section 25.4.6 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor J. Smola disclosed a pecuniary interest relative to a labour relations matter at an in-camera meeting of City Council held on October 28, 2002. On motion by Councillor C. Weylie, the minutes of the regular meeting held October 21, 2002, and special meetings held October 21 & 28, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Manager of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That Tender T02-067, Demolition of 106, 108-112 and 114-116-120 King Street West, Kitchener be awarded to Greenspoon Bros. Ltd, Brampton, Ontario at their tendered price of $141,752., plus G.S.T." - and - "That Tender T02-069, Sale of Municipal Property Known as 11 Mitchell Street, Kitchener, be awarded to Helfried Sitt, Kitchener at his tendered price of $70,000.; and further, That the Mayor and City Clerk be authorized to execute any necessary agreements, satisfactory to the City Solicitor." Carried. Mr. Brian Page attended along with Councillor C. Weylie to announce the winners of the 2002 Urban Design Awards. Mr. Page provided an introduction and explanation of the Urban Design Awards and the component issues to create good urban design. He noted that three awards were being given this year as follows: the Award of Excellence, which is for site development exemplifying superior design; the Award of Merit, which recognizes specific elements that make projects worthy of recognition; and, the Award of Recognition, which recognizes a contribution that provides a unique element within the urban fabric not typically achieved. He then recognized and thanked the judging committee, consisting of Councillor C. Weylie; Gary Bromberg, President of the Waterloo Region Homebuilders Association; Kenneth Hoyle, Landscape Architect; and, Rick Reichard, Architect. Councillor C. Weylie commented as an overhead presentation was given of the properties nominated for all three awards, being: · Wendell Motors, 549 Fairway Road South · Riverbend Drive Office Complex, 508 Riverbend Drive · The Economical Insurance Group, Office Building, 590 Riverbend Drive · Henry Walser Funeral Home Ltd. 507 Frederick Street · King Street Theatre Centre, 36 King Street West · Sandhill Christian Community, 20 St. George Street · Catholic Family Counselling Centre, 400 Queen Street South · Windrush Park, corner of Windrush Drive and Autumn Ridge Trail · Sandhills Public School, 1250 Victoria Street South · Industrial Facility, 335 Gage Avenue · Gaol and Governor's House Adaptive Re-Use Project, 73 Queen Street North · Ontario Die International, 235 Gage Avenue · Commercial Centre, 70 Victoria Street North NOVEMBER 4, 2002 COUNCIL MINUTES - 445 - CITY OF KITCHENER Mayor C. Zehr and Councillor C. Weylie, assisted by Mr. Page, presented the following awards to those representatives of the companies/organizations who were in attendance: Award of Recoqnition Sandhills · · · · Public School, 1250 Victoria Street South Waterloo Region District School Board (Owner) J.L. Cortes Architect Corporation (Architect/Designer) McKinnon and Associates (Landscape Architect) Devlan Construction Ltd. (General Contractor) Windrush · · · Park, corner of Windrush Drive/Autumn Ridge Trail Monarch Construction Limited (Owner/Developer) Green Scheels Pidgeon Planning Consultants Limited (Landscape Architect) Pine Corner Tree Farm (General Contractor) Award of Merit Industrial Facility, 335 Gage Avenue · Twin Cities Dry Storage Ltd. (Owner/Developer) · Schiedel Construction Inc. (Building Designer) · Schiedel Construction Inc. (General Contractor) · Planning & Engineering Initiatives Ltd. (Landscape Architect) Former Waterloo County Gaol and Governor's House, 77 Queen Street North · Regional Municipality of Waterloo (Owner) · The Ventin Group Ltd., Architects (Architect) · Wendy Shearer Landscape Architect Limited (Landscape Architect) · SONA Construction Ltd. (General Contractor) Award of Excellence Ontario Die International, 235 Gage Avenue · Gary Levene (Owner) · Sze Strake (Building Designer) · Walter Fedy Partnership Limited (Landscape Architect) · OSl (General Contractor) Commercial Centre, 70 Victoria Street North · Bernier Nimer from 1295355 Ontario Inc. (Owner/General Contractor) · Robert J. Dyck Architect & Engineer Incorporated (Architect) · Grobe Nursery Limited (Landscape Architect) Councillor C. Weylie and Mayor C. Zehr extended congratulations on behalf of the City to all nominees and expressed appreciation to staff members Bob Wakefield, Mike Mitchell and Brian Page for their work on the award program. Dr. John Tibbits, President, Conestoga College, attended to present a proposal to establish a 'Skills Training Centre' on the Doon Campus of Conestoga College. In this regard, a handout summarizing existing training and development courses available at the College was circulated prior to an overhead Powerpoint presentation being given. He indicated that his purpose was to seek out partnerships in support of the Skills Training Centre, the benefits of which would: reduce skill shortages in key sectors, support an economic engine in this area, and expand Conestoga College's training capacity. Reference was then made to Conestoga College's scope of operations among all types of students and trainees, the need to enhance capacity and the College's rapid growth. It was suggested that a Skills Training Centre would cost approximately $4.88M with $2M coming from Conestoga College, and $1M from each of the City of Kitchener/SuperBuild and the Canada Infrastructure Program and $880,000. contributed by the private sector/labour unions. The critical skills were listed that the Centre would address as well as an estimate provided that approximately 4,000-5,000 trainees could participate annually. In summary, Mr. Tibbits asked that the City consider their request for financial support. COUNCIL MINUTES NOVEMBER 4, 2002 - 446 - CITY OF KITCHENER In response to questions, Mr. Tibbits clarified that the Conestoga College contribution would primarily relate to an in-kind contribution of land, existing equipment, new equipment, some fundraising and donations from the private sector. He advised that the Skills Training Centre would address short- term training and re-certification processes and would not deal with traditional two- and three-year educational programs. He also noted that most trainees would be individuals that were already living within the community and that the target date to open the facility was September 2003 which he suggested was a realistic date given that the proposed facility was only 18,500 sq. ft. He re- confirmed that the facility would be built on the Doon Campus which already has 4,000 square feet of training facilities. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the request of Dr. John Tibbits on behalf of Conestoga College for City financial participation to establish a 'Skills Training Centre' on the Doon Campus of Conestoga College be referred to staff for more detailed discussion with Conestoga College officials and that staff prepare a report for consideration at Council's 2003 Capital Budget meeting." Carried. Mr. Andre Probst attended in support of the recommendation listed as Item B.4(ii) of the Committee of the Whole agenda dealing with the Committee of Adjustment sign submission of Dr. Richard Beyers for 275 Lancaster Street West. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the application of Dr. Richard Beyers (SG 2002-015) requesting permission to erect a ground sign having a 0.8 m (2.62 ft.) setback from the lot line adjacent to Lancaster Street West, a sign height of 1.6 m (5.24 ft.), rather than the permitted 1.5 m (4.92 ft.), and to be located within the corner visibility triangle, on Lots 112 to 114, Registered Plan 318, 275 Lancaster Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, Submission No. SG 2002-015." Carried. Mr. Reinhard Schmidt attended to request exemption to Municipal Code Chapter 712 (Cross Bows - Long Bows). He distributed a map outlining a 30 acre parcel of land abutting Bleams Road indicating that he has written consent from the property owner to hunt on the property in order to address the current deer population which was ravaging the property owner's gardens. Mr. Schmidt then commented that safety was a priority concern and in this regard advised that he utilized a compound bow which has half the range of a cross bow but pointed out that the form of hunting involved stationing oneself in a tree and shooting down on deer prey from distances of only 12-15 metres and that there was no shooting of the bow toward the horizon. A discussion then took placed during which Mr. S. Turner, Director of Enforcement, advised that the by-law provides only for exemptions that relate to appointed officials or the Humane Society in caring out their legal duties. Councillor G. Lorentz commented that the area could not be considered rural given its location within the City and that when the by-law had been first approved, it was put in place for good reason. Councillor B. Vrbanovic also commented that there was nothing to suggest that a controlled kill of the deer population was needed. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That no action be taken on the request of Mr. Reinhard Schmidt for an exemption to City of Kitchener Municipal Code Chapter 712 (Cross Bows - Long Bows)." Carried. COUNCIL MINUTES NOVEMBER 4, 2002 - 447 - CITY OF KITCHENER Ms. C. Ladd advised that Messrs. Jason Ferrigan and Robert Bauer, Urban Strategies Inc., were in attendance to discuss Strategic Services Department report SSD-02-026 (Centre Block Proposal Call Document - Request for Expressions of Interest/Proposals), dated October 31, 2002, which was listed as Item B.7 on the Committee of the Whole agenda. The recommendation in the staff report asks Council to approve the objectives and the request for expression of interest/proposal process of the document and directs staff to finalize the proposal call and begin advertising and circulation. It was noted in the staff report that the proposal call document contains information related to the Centre Block and its contextual setting, some general background information related to the Downtown, the City's planning framework, and the process and rules to be followed. Section 4 of the document sets outs Council's objectives for the redevelopment of the Centre Block and Section 5 sets out the details of the two phase proposal call process. This section contains a number of legal and procedural requirements which will guide the operations of the consulting team, Centre Block Steering Committee, and Council to ensure the process is fair and results in the best project(s) being selected. Mr. Jason Ferrigan referenced the 'Downtown Kitchener Centre Block Re-use and/or Re- development Request for Expressions of Interest and Proposals' document dated November 2002 circulated this date. He then reviewed the 18 objectives listed under Section 4 of the document and commented that the objectives send a signal of City intentions and establish a framework for the proposal. Mr. Ferrigan outlined the timing related to the proposal call noting that by June 2003, the intent was to confirm a redeveloper. In response to questioning, he pointed out that no underdevelopment would be permitted as stated in Section 4.3 of the document. Mayor C. Zehr commented that it was acknowledged that the response to the proposal would be market driven. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That City Council approve the content of Section 4 (Objectives) and Section 3 (RFEI/P Process) of the Centre Block Proposal Call Document and direct staff to finalize the Proposal Call Document in its entirety and commence advertisement and public circulation of the document on November 11, 2002." Carried Unanimously. Mr. J. Fielding, Chief Administrative Officer, and Ms. P. Houston, General Manager of Financial Services & City Treasurer, made a presentation regarding Capital Budget Strategy. Mr. Fielding advised that he was concerned with the City's financial performance related to capital project administration since shortly after being appointed CAO. A document entitled 'Capital Investment Philosophy' was circulated to Council, summarizing the City's capital investment approach which has the City balance increasing needs of the community with its ability to respond financially, and also summarizes facility assets of the City. It references debt charges, assessment growth and a link between taxation increase and the level of inflation and addresses concern regarding a trend to an increased level of capital spending. The report proposes 10 recommendations for change that form a strategy that will be regularly revisited to ensure the City's short term and long term needs are met. Ms. P. Houston made a lengthy presentation of the report's content. She remarked on issues of competition, growth, pent up demand for capital works and access to Provincial/Federal funding. She noted that Council has stayed within debt policy with Kitchener carrying only 14% of the total debt it is allowed, but commented that project limits have been reached and there was a need to make significant adjustments in the way projects are managed. After making further comments, Ms. Houston reviewed the 10 recommendations in the document. Both Ms. Houston and Mr. Fielding then responded to various questions from Council dealing with issues of growth, project prioritization, positive and negative impacts of Provincial/Federal funding requirements, the need to undertake more indepth research on capital project funding estimates, adjusting capital spending in consideration of market conditions, infrastructure deficit and finding methods to achieve better value for project spending. COUNCIL MINUTES NOVEMBER 4, 2002 - 448 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the following recommendations for administrative change pertaining to the City's Capital Investment Philosophy be approved: The City will develop a competitive investment process for capital funding that requires departments to compete for investment dollars on the strength of their business plans and the quality of their capital projections. The City will create five capital project categories to assign funding budgets - infrastructure; community development; economic development, including Downtown; enterprises; and internal infrastructure, such as Information Technology. The city will re- evaluate all of its capital projects which are 'not committed' on the basis of this categorization. The City will revise the current capital estimates and capital forecast processes to provide a better basis for evaluating which capital projects should be funded. This will require the investment of time and effort at the front end of the processes. The City will establish a Project Administration Office, staffed by a professional project administration and management engineer, to implement the project management and capital funding processes. The City will utilize to its fullest the project management expertise and capability internal to the organization to ensure proper project management and oversight. The City will build its competency in project management throughout the organization by means of proper staff training and development. The City will reduce, immediately, the amount of capital available from operating by $1 million a year over the Ten-Year Capital Forecast, to be reviewed annually. The City will delay some of the capital projects that are planned because the economic conditions are not favourable to competitive pricing for some of these municipal projects at this time. The City will continue to look for strategic opportunities to invest its capital dollars in order to maximize its return on investment. 10. The City will establish project teams, consisting of contract management, project management, and operational management expertise to oversee all 'in progress' project works." Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development & Technical Services Committee be adopted." Councillor C. Weylie advised that the City was in receipt of a request from the Grand River Conservation Authority pertaining to Clause 6 of the report asking that a minor correction be made to Condition 4 (1)(c) under 'Other Agency Conditions' by adding the word 'note' between the words 'plan' and 'regarding'. A motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic to amend the report in this regard was approved. The report was voted on Clause by Clause. Clause 6 - Carried, as Amended Balance of report - Carried. COUNCIL MINUTES NOVEMBER 4, 2002 - 449 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, announced the appointment of Ms. L. MacDonald as City Solicitor and requested that a by-law be added to the agenda for three readings this date to amend Municipal Code Chapter 101 (Appointment of Staff). Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That effective November 4, 2002, Lesley MacDonald be appointed as the Director of Legal Services and City Solicitor, and that the by-law amending Chapter 101 (Appointment of Staff) be given three readings this date." Carried Unanimously. Councillor C. Weylie referenced comments of Mr. J. Beingessner of Canada's Technology Triangle (CTT) more than a month ago in which he had indicated ten businesses in the City has closed but had not provided this information to Council as requested. She asked that staff follow up on this matter. Councillor Weylie then referred to the annual Leaf Collection Program and questioned if streets were being added to the Program for collection by streetsweeper. Mr. F. Pizzuto noted that the Leaf Collection Program provided for collection in the inner City by streetsweeper and in the remaining areas, required leaves be bagged for collection. He advised that staff were trying to restrict adding streets under the sweeping method but have added eight streets based on requests of Council. He indicated that the Program was to be further discussed by the Corporate Management Team and that any new information relative to the Program would be conveyed directly affected communities. In response to further questions, Mr. Pizzuto indicated that streetsweepers could be expected to make 3 passes on streets approximately two weeks apart during the duration of the collection program. Mayor C. Zehr advised that the Citizens Ad Hoc Committee on Council Compensation, which will be making recommendations pertaining to the compensation of the new Council that will take office December 1, 2003, will be holding a public meeting at 7:30 p.m. on November 6, 2002 in the Conestoga Room. He extended an invitation to the public to attend or if unable to do so to submit written comments to the Deputy City Clerk. Councillor B. Vrbanovic advised that the Region would be hosting a public forum on the subject of cosmetic use of pesticides in the Regional Council Chamber at 7:00 p.m. on Tuesday, November 12, 2002. Councillor M. Galloway advised that the Board of Directors of the Association of Municipalities of Ontario recently discussed concerns respecting escalating hydro rates and following such discussion, it was recommended that citizens with complaints should be directed to local MPPs. Councillor B. Vrbanovic advised that a constituent had recently contacted a local MPP who had referred the person to the City to deal with their hydro rate concerns. He suggested Mayor C. Zehr write to local MPPs reminding them that the restructuring and deregulation of the hydro function within Ontario was a provincial initiative and point out that this matter fell within their jurisdiction. Councillor G. Lorentz advised that correspondence had been received from United Taxi expressing their concern that the Region of Waterloo was not utilizing privately operated wheelchair accessible taxis and that there was a risk they would be removed from service. Councillor Lorentz noted that no funds or government funding supported this method of transportation for disabled persons and that he NOVEMBER 4, 2002 COUNCIL MINUTES - 450 - CITY OF KITCHENER could not understand why the Region's Mobility Plus service was not promoting this alternate means of transportation for residents. Mayor C. Zehr advised that he had responded to Chair Ken Seiling on this matter and pointed out that there was a number of issues that were the subject of continuing discussion pertaining to this matter. Councillor J. Smola expressed concern that the Mobility Plus service not be jeopardized for K-W residents as a result of the Region having taken over the transit function from Kitchener. He asked that information be obtained on ridership data and costs for review and whether the Region had undertaken any service cuts in this area of its operations. Council consented to a request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add to two by-laws to the agenda for three readings this date. The first by-law relates to Clause 7 of the Development & Technical Services Committee report of this date and the second by- law relates to amending Municipal Code Chapter 101 with respect to the appointment of the Director of Legal Services and City Solicitor. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) 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. (b) Being a by-law to amend By-law 98-175, as amended, to exempt from Part Lot Control - Block 2, Plan 58M-87; Block 2 and Part of Blocks 5 and 12, Plan 58M-84 - Pioneer Tower Crescent and Deer Ridge Drive. (c) Being a by-law to exempt certain lots from Part Lot Control - Lots 105 and 106, Registered Plan 1773 - Schueller Street. (d) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1,2,4 and 5, Registered Plan 58M-245 and Blocks 1,2,3,4,5,6 and 7, Registered Plan 58M-246 - Deer Ridge Drive and Pennsylvania Crescent. (e) Being a by-law to provide for the establishing and laying out of part of Graber Place as a public highway in the City of Kitchener. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to Fences. (h) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "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. NOVEMBER 4, 2002 COUNCIL MINUTES - 451 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2002-205) (b) Being a by-law to amend By-law 98-175, as amended, to exempt from Part Lot Control - Block 2, Plan 58M-87; Block 2 and Part of Blocks 5 and 12, Plan 58M-84 - Pioneer Tower Crescent and Deer Ridge Drive. (By-law No. 2002-206) (c) Part Lot Control- Lots 105 and 106, (d) (e) (f) (g) (h) Being a by-law to exempt certain lots from Registered Plan 1773 - Schueller Street. (By-law No. 2002-207) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1,2,4 and 5, Registered Plan 58M-245 and Blocks 1,2,3,4,5,6 and 7, Registered Plan 58M-246 - Deer Ridge Drive and Pennsylvania Crescent. (By-law No. 2002-208) Being a by-law to provide for the establishing and laying out of part of Graber Place as a public highway in the City of Kitchener. To confirm all actions and proceedings of the Council. (By-law No. 2002-209) (By-law No. 2002-210) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to Fences. Being a by-law to amend Chapter respecting the Appointment of Staff. (By-law No. 2002-211 ) 101 of the City of Kitchener Municipal Code (By-law No. 2002-212) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:50 p.m. MAYOR CLERK NOVEMBER 4, 2002 COUNCIL MINUTES - 452 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That a stop control be installed on Riverview Place at the intersection of Shirley Avenue facing eastbound traffic; and, That a stop control be installed on Crestview Place at the intersection of Shirley Avenue facing eastbound traffic; and further, That the Uniform Traffic By-law be amended accordingly. That free parking be provided in all City of Kitchener operated parking facilities within the Downtown on Saturdays commencing on November 16, 2002 and extending through the Christmas season to December 28, 2002 inclusive, as requested by the Kitchener Downtown Business Association. That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the drilling and installation of five aquifer storage and recharge wells within the Mannheim Water Treatment Plant property limits located at 2069 Ottawa Street South. The request for the exemption is between the hours of 7:00 p.m. to 7:00 a.m. for the period from Tuesday November 5 to Tuesday February 4, 2003. That staff work with the City's Communications Division to develop an appropriate media release to announce the results of the Region of Waterloo Waste Audit Report conducted as part of the 2002 Earth Week Festival Community Clean-up Campaign. - and - That on behalf of the Kitchener Environmental Committee, Councillor Berry Vrbanovic correspond with major corporations of the fast food and beverage industries to solicit ideas and request support for reducing waste associated with the industries. That the 2002-2003 Environmental Committee Strategic Work Plan, as attached to Corporate Services Department report CRPS-02-234, be approved; and further, That staff report to the Environmental Committee on an ongoing basis respecting development of proposed action plans to assist in carrying out priorities as listed under each main category of the Committee's Strategic Work Plan. 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 2002-164 grant draft approval to Plan of Subdivision Application 30T-01206 in the City of Kitchener, for the Grand River Conservation Authority Ltd., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-01206 for the Grand River Conservation Authority as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated September 7, 2001 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated September 26, 2002, which shows the following: Blocks 1-4 Block 5 Blocks 6, 7 Blocks 8,9 Block 10 -single detached dwellings (max. 25 units) -trail link -lot consolidations for future single detached dwellings -road widenings -0.3 m reserve 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 COUNCIL MINUTES NOVEMBER 4, 2002 - 453 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd the attached Plan of Subdivision dated September 26, 2002 and which shall contain the following special conditions: Part 3 Prior to Servicing 3.16 a) The stormwater management pond, which will be constructed on lands located immediately west of the subdivision lands, shall jointly serve this subdivision and that of Plans of Subdivision 30T-97023, 30T-94009 and 30T-96004. Engineering design, landscaping and construction costs will be shared on a contributing volume basis with each owner. Construction costs shall relate to the costs to implement the ultimate storm water management design and shall be based on the actual tendered cost. b) In order to facilitate the ultimate development and sharing of expenses of the storm water management facility, the Subdivider agrees to submit a Letter of Credit to the City Solicitor for its fair share of the cost of the storm water management facility, to the satisfaction of the City's Director of Engineering prior to the commencement of any servicing within any stage of this plan of Subdivision. At such time as the ultimate storm water management facility has been constructed and has been accepted by the City's Director of Engineering and a letter has been submitted indicating full payment has been made for the cost sharing of the storm water management facility in accordance with b) above, the City agrees to release the Letter of Credit to the Subdivider. Part 4 Prior to the Issuance of Building Permits 4.22 The Subdivider agrees that no building permits shall be applied for on any lot or block in the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct- to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 4.23 No building permits shall be issued for Blocks 6 or 7 until such blocks are consolidated with adjacent lands to the east, legally described as Part Lot 12, Beasley's Broken Front Concession. Part 6 Other Time Frames 6.10 Notwithstanding the City's sidewalk policy, the owner shall construct 1.5 metre concrete sidewalks to the satisfaction of the City's Director of Engineering only on the south side of Old Pioneer Tower Road from Deer Ridge Drive to Block 5, together with both sides of Black Maple Crescent and Black Maple Court. 6.11 That the 5% parkland dedication required for the plan of subdivision has been satisfied by the prior conveyance to the City, of lands within Plan of Subdivision 30T-95016, namely Blocks 2,3, 55 and 56. COUNCIL MINUTES NOVEMBER 4, 2002 - 454 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd 6.12 That construction traffic to and from the proposed subdivision development shall be restricted to accessing the subdivision only from Deer Ridge Drive and Old Pioneer Tower Road. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Transportation Planning. 6.13 If not already upgraded through the development of Plan of Subdivision 30T-97023, the owner shall upgrade Pioneer Tower Road (to be renamed "Old Pioneer Tower Road") from its intersection with Deer Ridge Drive to the westerly limit of Block 5, to the satisfaction of the City's Director of Engineering. Such upgrading shall be done to modified municipal standards, including modified curbs, tar and chip surface, a suitable style of lighting fixtures and sidewalks of suitable construction materials, consistent with those standards approved by the City's Director of Engineering for Pioneer Tower Road adjacent to Plan of Subdivision 3~T-94~~8. Such upgrading shall be done within an 18 metre right-of-way between Deer Ridge Drive and the westerly leg of Black Maple Crescent and within a 16 metre right-of-way west of Black Maple Crescent to the westerly limit of this plan. Such upgrading shall include a sidewalk along the southerly side of Old Pioneer Tower Road between Deer Ridge Drive and Block 5. 6.14 It is acknowledged that prior to the final approval of the subdivision of adjacent lands to the east, either by plan of subdivision or consent, that the owner of said adjacent lands shall satisfy the City's Director of Planning that he has paid to the owner of the Plan of Subdivision, 30T- 01206, half of the tendered contract price of the construction of Black Maple Court and the abutting portion of Black Maple Crescent. 2.2 That prior to final approval of the plan to be registered, the Subdivider shall fulfil the following conditions: The City Standard Residential Subdivision Agreement be registered on title. The final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each stage prior to the registration of such stage. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval of such applications therefrom. 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. 5 The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with coordinate 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. NOVEMBER 4, 2002 COUNCIL MINUTES - 455 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd The SUBDIVIDER shall make satisfactory arrangements with HYDRO or 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. 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. 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'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering 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 Director of Engineering, or, in the case of parkland, the CITY'S Director of Operations; (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and the telephone company. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 10. The SUBDIVIDER agrees to provide to the City, at no cost and free of encumbrance, a registerable deed for Block 5 for open space/trail link purposes. 11. 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 Director of Planning, in accordance with the following criteria: NOVEMBER 4, 2002 COUNCIL MINUTES - 456 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd 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 Director of Planning; 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 Director of Planning; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVDER shall obtain prior written approval from the CITY"S Director of Engineering, or, I the case of parkland, the City's Director of Operations. e) to provide to the CITY's Director of Planning, a clearance letter from each of HYDRO and the telephone company. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 12. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S Director of Operations and to obtain therefrom, approval of such plans. 13. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan, have been satisfied. 14. In the event the cost of the intersection design, improvements and signalization are not included as growth related items in the Region's Development Charge By-law prior to such works being constructed/installed, the Subdivider acknowledges that engineering design and construction costs for these works shall be shared with the owners of the following lands: * Krizsanderson Developments Ltd.-all lands within Draft Plan of Subdivision 30T-94009 * Maple Manor Ltd.-all lands within Draft Plan of Subdivision 30T-94017 * JHS Properties Inc.-all lands within Draft Plan of Subdivision 30T-94009 * 346874 Ontario Ltd.-all lands within Draft Plan of Subdivision 30T-95016 * JHS Properties Inc-all lands within Draft Plan of Subdivision 30T-96004 NOVEMBER 4, 2002 COUNCIL MINUTES - 457 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd * GRCA-all lands within Draft Plans of Subdivision 30T-97023 and 30T- 01206 * Reid (legally described as Part Lot 12, Beasley's Broken Front Concession) Costs related to the above noted works shall be apportioned on the basis of the proportionate number of units within each of the land holdings to the total number of units permitted in the Zoning By-law within the specified lands. Construction costs shall be based on the actual tendered cost of the works. In order to facilitate the sharing of expenses for the works specified above, the plan of subdivision will not be released for registration until such time as the Subdivider has satisfied the City's Director of Planning that arrangements have been made between those owners set out above for the payment of their share of the costs. Cost sharing shall not be required if the work proceeds before the final determination of whether the works will be included in the revised Development Charge By-law. 15. That this plan may register together with or following the registration of Plan of Subdivision 30T-97023. 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 and Culture: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning and Culture. That the final lotting pattern for all blocks in which single detached or semi- detached lots are permitted shall be at a density not exceeding the density identified in Condition 1 of the proposed draft approval conditions. That in accordance with the results of the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner agrees as follows: a) that each of the dwellings constructed on Blocks 1-4 shall be constructed with a central air conditioning system. b) that the owner shall enter into an agreement with the Regional Municipality of Waterloo to include the following clause in the Agreements of Purchase and Sale and/or Rental Agreements for Block 1-4: "Due to its proximity to the Kitchener Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour." That prior to final approval of the plan, the Regional Municipality of Waterloo shall secure both the physical and financial resources to provide for the design and construction of the intersections improvements at Deer Ridge Drive and Highway No. 8, and Baxter Place/Sportsworld Drive/Pioneer Tower Road and Highway No. 8 relating to the Regional Road network in accordance with the preliminary COUNCIL MINUTES NOVEMBER 4, 2002 - 458 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd functional design (including Schedule A) dated January 30, 1997 and the intersection improvement staging plan dated January 30, 1997 prepared by the subdivider in consultation with the affected neighbourhood associations, and approved by the Regional Commissioner of Engineering and the City of Kitchener. Prior to final approval of the plan, the subdivider shall, where appropriate, enter into an agreement with the Regional Municipality of Waterloo regarding the financing of any intersection improvements identified by the approved staging plan as being required based on the cumulative number of units registered to date and proposed in that plan. 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. 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." 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 and Culture prior to final approval of the subdivision plan. 4. OTHER AGENCY CONDITIONS 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 final Stormwater Management brief indicating conformance with the approved final Stormwater Management Report for the JHS lands as part of Draft Plan of Subdivision 30T-94009.1nfiltration on the subject lands must be as defined in that report (Sept/97 Paragon, Plan Feb 2/98) NOVEMBER 4, 2002 COUNCIL MINUTES - 459 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd b) A final Grading Plan and Erosion and Siltation Control Plan for the lands on the south side of Pioneer Tower Road in accordance with the Grand River Conservation Authority's guidelines, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. c) In conjunction with the Grading Plan, notes regarding tree saving for any significant species along the south side of Pioneer Tower Road should be submitted. 5. CLEARANCE CONDITIONS That prior to the signing of the plan, the City's Director of Planning is to be satisfied that all pre-registration requirements in Condition 2.2 have been met. That prior to the signing of the final plan by the City's Director of Planning, he shall be advised by the Regional Commissioner of Planning and Culture that Conditions 3.1 through 3.8 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. That prior to the signing of the final plan by the City's Director of Planning, he shall be advised by the Grand River Conservation Authority that Condition 4 has 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. That prior to the signing of the final plan by the City's Director of Planning, he shall be advised by the telephone company that Conditions 2.2.7 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the City's Director of Planning, he shall be advised by HYDRO that Conditions 2.2.6 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. NOTES The owner/developer is advised that the provisions of the Development Charge By- laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Char.qes Act, S.O. 1989 apply to this draft approval and are to be satisfied as follows: a) inquiries regarding the application of the City of Kitchener Development Charge By-law should be directed to the City of Kitchener; b) in accordance with subsection 5(2) of Regional Development Charge By- law, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: at the time of entering into a subdivision agreement with the City of Kitchener, the owner/developer 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 NOVEMBER 4, 2002 COUNCIL MINUTES - 460 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd ii) prior to entering into a subdivision agreement with City of Kitchener, the owner/developer may enter into an 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; and c) the owner/developer is to provide the Regional Municipality of Waterloo with a copy of the proposed plan to be registered in conjunction with any payment 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 area calculations certified by an Ontario Land Surveyor 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. 3 It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Development and Technical 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 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 Chapter P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 52 of 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 Environment and Energy 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 Environment and Energy 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 Environment and Energy for approval. NOVEMBER 4, 2002 COUNCIL MINUTES - 461 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd 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 to 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 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. 10. 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, Chapter P.13, as amended by S.O. 1996, c.4 (Bill 20). 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to the 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 Assistant General Manager of Business and Planning Services' 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 approval of this subdivision application is proper planning for the City. (As Amended) That Council approve the 'Proposed By-law' dated October 2, 2002, amending Chapter 630 of the Municipal Code (Fences) as attached to Development and Technical Services Department staff report DTS-02-048. That Council Policy 1-705 (Public Participation in the Planning Process) be amended by adding the following: COUNCIL MINUTES NOVEMBER 4, 2002 - 462 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) 'That notice of Site Plan Applications be given, for information purposes only, to all property owners within 60 metres of an institutionally zoned property'. That Council declare its intention to amend Zoning By-law 85-1 to increase the parking requirement for Downtown office space, in both new development and conversion of existing floor space, from 1 space per 69 square metres (1.35 spaces per 1,000 square feet) to 1 space per 31 square metres (3.0 spaces per 1,000 square feet); and further, That staff be directed to initiate the public consultation procedure for a Zoning By-law amendment to increase the parking requirement for Downtown Office space. 10. That staff be directed to develop a Residential Permit Only Parking Program allowing only the permit holder or their visitors to park on-street in hospital areas of the City in accordance with the following criteria: only 2 parking permits be issued per dwelling, said permits be free of charge, permit parking be limited to a maximum 3 hours and overnight parking be prohibited. That a follow-up report be presented at the December 2, 2002 Development & Technical Services Committee meeting illustrating streets proposed to be covered in the program, a sample parking permit and listing any other administrative details pertinent to the program to be implemented January 1, 2003. 11. That the Chair of the Environmental Committee convey the City of Kitchener's disappointment to the Greater Kitchener Waterloo Chamber of Commerce with respect to the Chamber's decision to discontinue its participation in the Waterloo Region Environmental Sustainability Awards (W.R.E.S.A.) Program; and, That notwithstanding the Chamber's decision, the Chamber be requested to encourage representatives of the business community to continue to be involved in the W.R.E.S.A. Program; and further, That Mr. Jeff Willmer, Director of Planning, be requested to discuss the future of the program with representatives of the Chamber, the Region of Waterloo, the City of Waterloo, the City of Cambridge, the Townships of Wilmot and Wellesley and the Grand River Conservation Authority, and report back to the Development and Technical Services Committee. 12. 1) That the development of an overall coordinated 'urban investment strategy' to be comprised of various individual financial incentive programs be supported. 2) That Council supports the development of a Central Neighbourhoods Residential Incentive Program, aimed at stimulating residential development within the Mixed Use Corridors and other 'targeted' redevelopment sites, together with an urban design component, having specific directions for built form and compatibility. 3) That staff be directed to proceed with a Public Open House on November 27, 2002 to obtain public input with respect to urban design elements, including built form and streetscape enhancements, within the Mixed Use Corridors. 13. That Community Services Department staff report CSD-02-227 (Full Time Market Shop Tenant Recruitment) be deferred and referred to a future Community Services Committee meeting for consideration. COMMUNITY SERVICES COMMITTEE - That Community Services Department report CSD-02-224 (2002 Civic Square Chess Program - Annual Update) be accepted. COUNCIL MINUTES NOVEMBER 4, 2002 - 463 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That the request of the Lower Doon Neighbourhood group to become an affiliated City of Kitchener Neighbourhood Association be approved. That the following recommendations presented by the Kingsdale Neighbourhood Association based on their participation in the Safe & Sound Demonstration Project of the Waterloo Region Community Safety & Crime Prevention Council be referred to the Safe & Healthy Community Advisory Committee for consideration and recommendation to a future meeting of the Community Services Committee: That the City of Kitchener develop a unique range of partnerships which will allow all interested neighbourhoods to offer locally-based, youth drop-in programs for free, thereby ensuring full accessibility and affordability. 2) That the City of Kitchener as part of its commitment to community development, consider hiring staff for the youth drop-in from within the neighbourhood whenever possible. 3) That the youth drop-in programs include an outreach component, emphasizing safety and fun, to increase the involvement of isolated or at risk youth. 4) That the City of Kitchener provide all neighbourhoods offering youth programs, with the opportunity to come together once a year to share ideas and promote high quality, consistent programming throughout the City.; and further, That representatives of the Kingsdale Neighbourhood Association be notified when this matter is to come forward for consideration. That development of a Youth Opportunities Plan be endorsed, encompassing a holistic blueprint for meaningful, accessible opportunities for youth within the City of Kitchener as outlined in Community Services Department report CSD-02-228; and further, That report CSD-02-228 be referred to the Safe & Healthy Community Advisory Committee for consideration and recommendation to a future meeting of the Community Services Committee. That the criteria and process for annual operating grants be approved, effective for the 2004 grant process, as outlined in the document entitled "City of Kitchener Annual Operating Grants" attached to Community Services Department report CSD-02-216; and, That the criteria and process for general provision grants be approved, effective January 1, 2003, as outlined in the document entitled "City of Kitchener General Provision Grants - One Time" attached to Community Services Department report CSD-02-216; and, That the criteria and process for minor sports travel assistance grants be approved, effective January 1, 2003, as outlined in the document entitled "City of Kitchener General Provision Grants - Travel Assistance Grants - Minor Sports" attached to Community Services Department report CSD-02-216; and, That the Community Services Department discontinue grant approvals for in-kind facility and minor sports travel assistance grants when the general provision grant budget has been exhausted, and that all applicants be advised that they may appear before Community Services Committee and Council to appeal for funding; and, That information regarding City of Kitchener annual operating and general provision grants be made available to the public through posting on the City's web site, notices in the Leisure Guide and an information flyer; and, COUNCIL MINUTES NOVEMBER 4, 2002 - 464 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That two separate budgets be set up for annual operating grants and general provision grants, effective January 1, 2003; and that $900,394. for annual operating grants and $100,000. for general provision grants be used as the base amount for these budgets; and, That a one time increase of $43,700. be approved for the 2003 general provision grant budget to cover the pre-commitment of general provision grants to be paid in 2003; and, That Community Services Department staff consider development of criteria, and establishment of a separate budget account, for bids to host special events; and further, That all of the above be referred for consideration to the 2003 budget deliberations. That Community Services Department staff be directed to proceed with the work plan as outlined in Community Services Department report CSD-02-221 to establish new Decorative Municipal Displays on Highway 401. FINANCE AND CORPORATE SERVICES COMMITTEE - That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Chalon Estates Inc., regarding the assumption of permanent ownership of all remaining Chalon Estates Inc. water distribution system pipes in the municipal road allowances as set out in Financial Services Department report FIN-02-002, dated January 2, 2002. That the purchase orders for the construction of the Victoria Street North Sanitary Sewer Local Improvement be increased as follows: a) 969774 Ontario Limited (Elgin Construction) - $229,053.77 to $276,967.86 (GST included); and, b) Earth Tech (Canada) Inc. - $33,780.00 to $42,000.00 (GST included). That the Utilities Division match donations to "Share the Warmth" charity for the purpose of energy assistance for residents in the City of Kitchener, from the Utilities Division marketing account, to an annual maximum of $25,000. COUNCIL MINUTES NOVEMBER 4, 2002 - 465 - 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. ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant Licences It was resolved: "That Julie Young, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Judith Rector, employed at 7-280 Victoria Street North (Cleopatra), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." ii) Permanent Vendor/Place of Refreshment It was resolved: "That Nenad Magazin be granted a Permanent Vendor/Place of Refreshment Licence to operate a pizza outlet at 6-450 Westheights Drive, Kitchener." 2. Do.q Desi.qnation Appeal Decision It was resolved: "That the October 24, 2002 decision of the Dog Designation Appeal Committee regarding an appeal filed by Iii Labus, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 3. Various Tenders Dealt with under Delegations. 4. Committee of Adiustment Decisions - Various Council was in receipt of minutes and other background information from J. Billett, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held on October 22, 2002. It was resolved: "That the application of Vance Oestreich (SG 2002-013) requesting permission to erect a ground sign on the subject property having a 0.4 m (1.3 ft.) setback from the side lot line adjacent to Weber Street East, rather than the required 3 m (9.84 ft.), on Part Lots 11 to 15, Plan 233, designated as Part 19 on Reference Plan 58R-11058 and Part 2 on Reference Plan 58R-12136, 81 Cameron Street North, Kitchener, Ontario, BE APPROVED." - and - NOVEMBER 4, 2002 COUNCIL MINUTES - 466 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 4. Committee of Adjustment Decisions - Various - (Cont'd) "That the application of Mikelan Investments/Sleep-Eze Discount (SG 2002-016) requesting permission to legalize an existing ground sign setback 0.91 m (3 ft.) from the front lot line, rather than the required 3 m (9.84 ft.) and a maximum sign area of 3.7 m2 (39.82 sq. ft.), rather than the permitted 3 m2 (32.29 sq. ft.), on Part Lot 14, Registered Plan 958, 2959 King Street East, Kitchener, Ontario, BE APPROVED." Submission No. SG 2002-015 (275 Lancaster Street West) was dealt with under delegations. 5. Demolition Control Application - 139 Hofstetter Avenue Council was in receipt of Development & Technical Services Department report DTS-02- 242 (S. Little/L. Masseo/J. Willmer), dated October 25, 2002, recommending approval of a demolition request. Mayor C. Zehr disclosed a pecuniary interest and abstained from discussion and voting as he owns property within the circulation area of the application. It was resolved: "That Demolition Control Application, DC 02/12/H/SL, requesting approval for the demolition of one single detached dwelling located at 139 Hofstetter Avenue, legally described as Part of Lots 13 & 14 Municipal Compiled Plan 987 and Part of Lots 6 & 7 Municipal Compiled Plan 990, be approved." Private Member's Bill 185- Amendment to The Representation Act, 1996 Council considered correspondence from T. Arnott, MP - Waterloo-Wellington, dated October 17, 2002, advising of a Private Member's Bill proposing that the name 'Kitchener' be adding to the name of his riding and requesting Kitchener's support. It was resolved: "That the Legislative Assembly of Ontario be advised the Corporation of the City of Kitchener supports Private Member's Bill 185, the Representation Amendment Act (Waterloo-Wellington-Kitchener Exception), 2002; and further, That a copy of this resolution be sent to Ted Arnott, MPP, Waterloo-Wellington and to the Federal Electoral Boundaries Commission - Ontario." Centre Block- Proposal Call Dealt with under Delegations. Scheduled Council Meetinq - June 3, 2003 Council was in receipt of Corporate Services Department report CRPS-02-257 (R. Gosse), dated October 30, 2002, outlining several re-scheduling options. It was resolved: "That the Council/Standing Committee 2003 meeting schedule be amended to provide for a special Council meeting to be held following the conclusion of the May 26, 2003 Standing Committee meetings for the purpose of ratifying Committee recommendations of that date; and, COUNCIL MINUTES NOVEMBER 4, 2002 - 467 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Scheduled Council Meetinq - June 3, 2003 - (Cont'd) That the regular Council meeting scheduled for Tuesday, June 3, 2003 be cancelled; and further, That staff review the May 26, 2003 Standing Committee agendas to identify any issues being dealt with that date which may warrant additional public input and if appropriate, recommend ratification be referred to the next regular Council meeting date scheduled for June 16, 2003." 9. Declaration of Surplus Land - Randerson Avenue/Hiqhwa¥ 8 Council was in receipt this date of Corporate Services Department report CRPS-02-038 (G. Andersen), dated November 4, 2002, recommending declaration of land surplus to the City's needs. It was resolved: "That the following vacant land be declared surplus to the City's needs: Part of Lot 46, Municipal Compiled Plan 762, and Part of Lots 48, 49, 50, 51, 54, 55, 56 and 57, Municipal Compiled Plan 765, designated as Part 1 on Plan 58R- 12996; Part of Lot 46, Municipal Plan 762, designated as Part 3 on Plan 58R- 12996, and Part of Block "A", Registered Plan 254, Geographic Township of Waterloo and Part of Block "A", Registered Plan 842, and Part of Parkway Boulevard and Blocks "F" and "J", Registered Plan 923, designated as Part 1 on Plan 58R-12993; Part of Lot 2, Municipal Compiled Plan 759 and Part of Lots 28 and 30, Municipal Compiled Plan 760 and Part of Lot 46, Municipal Compiled Plan 762, designated as Part 3 on Plan 58R-12997; Part of Lot 180, Registered Plan 651, designated as Part 1 on Plan 58R-12994; Part of Lot 4, Registered Plan 253, Geographic Township of Waterloo, designated as Part 1 on Plan 58R- 12995; Part of Lots 1 and 4, Registered Plan 253, Geographic Township of Waterloo, designated as Part 3 on Plan 58R-12995; Part of Lot 1, Registered Plan 253, Geographic Township of Waterloo, designated as Part 4 on Plan 58R- 12995; Part of Lot 98, being Subdivision of Lot 2, German Company Tract, Geographic Township of Waterloo, designated as Part 7 on Plan 58R-12995; and Part of Lot 98, being Subdivision of Lot 2, German Company Tract, and Part of Lot 45, Municipal Compiled Plan 762, Geographic Township of Waterloo, designated as Part 1 on Plan 58R-12998, City of Kitchener, Regional Municipality of Waterloo; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor." 10. Festival of Trees/Tree of Hope - Refreshment Booth Requests Council was in receipt this date of Corporate Services Department reports CRPS-02- 260 and CRPS-02-264 (J. Koppeser), both dated November 4, 2002, advising of no objection to requests received from the Foster Parent Association of Family & Child Services and from Waterloo Collegiate Institute. It was resolved: "That the City of Kitchener has no objection to the Foster Parent Association of Family and Child Services operating a pizza and pop booth at City Hall on November 23, 2002 from 3:00 p.m. to 7:00 p.m. during the Festival of Trees and CHYM Kickoff for the Tree of Hope Campaign, providing Health approval is obtained prior to the event." and - COUNCIL MINUTES NOVEMBER 4, 2002 - 468 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Festival of Trees/Tree of Hope - Refreshment Booth Requests - (Cont'd) "That the City of Kitchener has no objection to the Waterloo Collegiate Institute operating a refreshment booth at City Hall on November 23 and 24, 2002, during the Festival of Trees, providing Health approval is obtained prior to the event." 11. Encroachment Aqreement - 50 Doon Road Council was in receipt this date of Corporate Services Department report CRPS-02-263 (L. MacDonald), dated November 4, 2002, recommending execution of an encroachment agreement. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of the property described as Lot 5, Registered Plan 1127 and municipally known as 50 Doon Road, Kitchener to legalize the existing building as it encroaches 3 feet, more or less, into a City easement." 12. A.qreement - Environmental Testinq - 432 Charles Street East Council was in receipt this date of Corporate Services Department report CRPS-02-262 (L. MacDonald), dated November 4, 2002, recommending execution of the agreement. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of the property municipally known as 432 Charles Street East to permit environmental testing within a City easement." 13. Encroachment Aqreement - St. Mary's General Hospital Council was in receipt this date of Corporate Services Department report CRPS-02-261 (L. MacDonald), dated November 4, 2002, recommending execution of an encroachment agreement with St. Mary's Hospital. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with St. Joseph Health Care System (St. Mary's Hospital) to permit the installation and maintenance of a communication cable under the Spadina Road road allowance."