Loading...
HomeMy WebLinkAboutCouncil Minutes - 2003-01-27COUNCIL MINUTES JANUARY 27, 2003 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 Ralph Carter. On behalf of City Council, Mayor C. Zehr presented a Certificate of Service and commemorative gifts to Mr. Jim Ziegler in recognition of his past service to the City as an Alderman from 1981 - 1993 and as Councillor from 1994 - September 16, 2002. He remarked on Mr. Ziegler's distinctive qualities as a Council representative, noting that he always strived to reach fair minded decisions. Mayor Zehr also acknowledged Mr. Ziegler's membership on various Council Committees, many of which he chaired and his contributions as a Regional Councillor. Members of Council and those in attendance then stood to congratulate Mr. Ziegler on his appointment as Justice of the Peace and wished him well in his new career. Mr. J. Ziegler thanked members of Council for their recognition and the gifts presented. He acknowledged the hard work and dedication required of the individuals elected to Council and commented that his experience as a Councillor will be of value to him in his Justice position. On motion by Councillor M. Galloway, the minutes of the regular meeting held January 13, 2003, and special meetings held January 13 and 20, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (a) Letter dated December 23, 2002, from the Hon. Ernie Eves, Premier of Ontario, acknowledging receipt of Council's resolution requesting a review of legislative changes regarding electricity. (b) Letter dated January 10, 2003, from T. Arnott, MPP, Waterloo-Wellington, to L. Myers, MP, regarding Council's support for adding Kitchener's name to the riding of Waterloo-Wellington. (c) Letter dated January 13, 2003, from W. Wettlaufer, MPP, Kitchener Centre, to Hon. Janet Ecker, Minister of Finance, regarding Council's resolution on the Municipal Property Assessment Corporation's restructuring program. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In response to a question raised with respect to the Onpoint Enterprise G.I.S. system, Mr. M. Hausser commented on the benefits of the technology which would have a payback of less than two years. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Expression of Interest E02-077, Consultant Services - Operations Division - Review and Implement a New Management System, be awarded to Prior & Prior Associates Ltd., Markham, Ontario, at their estimated fee of $30,000., including disbursements and G.S.T." - and - "That the City, in conjunction with the Town of Oakville and the Municipality of Chatham-Kent, contribute $100,000., plus G.S.T. and P.S.T., to Orion Technology Inc., Richmond Hill, Ontario, for technology upgrades to the Onpoint Enterprise Geographic Information System, based on a satisfactory contract being negotiated; and further, That the Mayor & City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Proposal P02-120, Vending Service Agreement for Community Arenas and City Hall Cafeteria, be awarded to Afro Vending & Distributors, Waterloo, at their minimum guaranteed annual revenue to the City of Kitchener of $20,000. per year for a five year period, with an option to renew for an additional one (1) two year period; and further, JANUARY 27, 2003 COUNCIL MINUTES - 25 - CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E02-072, Consultant Services - Strategic Plan for the Future of Kiwanis Park, be awarded to 907216 Ontario Inc., o/a MacKinnon & Associates, Waterloo in association with Quantum Marketing Systems Ltd., o/a The QMS Group, Brantford, Ontario at their proposed fee of $25,000., plus G.S.T., based on a satisfactory contract being negotiated." Carried. At its meeting held on January 13, 2003, Council deferred consideration of a recommendation of the Committee of Adjustment respecting fence variance application, FN 2002-019, applied for by Joan Oleskevich for the property at 1824 Old Mill Road. The purpose of the deferral was to allow mediation to take place between the subject property owner and the immediate neighbour. Ms. Joan Oleskevich and Mr. Roman Sydlowski attended in support of her fence variance application, advising that they had negotiated in good faith with the neighbouring property owner through two mediation meetings without resolution. They reiterated that construction of an 8 ft. fence is proposed to ensure the privacy and protection of their property. The delegation pointed out that both adjoining properties face the river and it was his opinion that the neighbours' view would not be impeded as the fence would be constructed at a right angle to follow the natural slope of the sideyard. He further stated that allowing construction of the fence in the front portion of the sideyard would result in a symmetrical fence and outlined benefits of the fence to each property owner. Mr. & Mrs. Jim Moore attended in opposition to the fence variance application and confirmed that attempts at mediation had failed. They reiterated concerns that the sideyard fence would negatively impact their quality of life by obstructing their view of the river and that they could potentially lose a mature lilac tree that encroaches onto the neighbouring property. The delegation proposed a compromise to permit construction of a fence along the entire length of the front and easterly side lot lines to a maximum height of 5 ft. and retainment of the lilac tree. It was requested that in the event their compromise was not accepted, Council reverse the recommendation of the Committee of Adjustment in its entirety and not allow construction of any fence. In response to questions, Ms. Moore pointed out that the two properties on Old Mill Road are different from normal properties given their location on the river and suggested that the provisions of the Fence By-law did not appropriately address the impact an 8 ft. fence would have to their scenic view. She further commented that an underlying issue related to reconstruction of the driveway access to her property has created discord with the immediate neighbour. In response to a question from Councillor J. Gazzola, Mr. Brandon Sloan advised that in considering the Committee of Adjustment application, staff had no concern with approval of the variances as requested. However, he suggested that in light of concerns raised respecting the view of the river, Council could consider imposing a condition of approval to require the existing grade of the subject property be maintained to prevent the fence from being constructed at a higher elevation. Following further discussion, Council agreed to modify the Committee of Adjustment recommendation to permit the 'living' fence across the front lot line at a height of 8 ft. and continuing at a height of 6 ft. along the front portion of the easterly sideyard, subject to any fence constructed within the easterly sideyard being limited to a height of 6 ft. and existing grading being maintained. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the Committee of Adjustment application of Joan Oleskevich (FN 2002-019) requesting permission to construct a "living" fence setback 0 m from the lot line adjacent to Old Mill Road, a distance of 32 m (105 ft.), having a maximum height of 2.43 m (8 ft.) and continuing along the easterly lot line, a distance of 10.36 m (34 ft.), having a maximum height of 1.82 m (6 ft.), rather than the required 0.91 m (3 ft.), on Part Biehn's Tract, Registered Plan 578, 1824 Old Mill Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COUNCIL MINUTES JANUARY 27, 2003 - 26 - CITY OF KITCHENER That construction of any fence within the easterly sideyard shall be limited to a maximum height of 1.82 m (6 ft.). That the existing grade of the subject property shall be maintained along the entire length of both the front lot line and the easterly side yard where the fence is to be constructed. That the "living" fence as approved in this application shall be generally in accordance with the drawing submitted with Fence Variance Application, Submission No. FN 2002- 019." Carried Unanimously. Mayor C. Zehr advised that a number of delegations were in attendance this date with respect to Clause 2 of the Finance and Corporate Services Committee report concerning a Heritage Tax Refund Program. Councillor C. Weylie disclosed a pecuniary interest regarding Clause 2 and abstained from all discussion and voting as she is the owner of a designated heritage property. Councillor Weylie then left the meeting. Mr. Michael Cowie, Waterloo Warehouse Equities (Victoria) Ltd., attended in support of Clause 2 and provided correspondence dated January 27, 2003 for circulation this date. He advised that he was part owner of the designated heritage building at 72 Victoria Street South. Mr. Cowie disputed concerns raised by the Economic Development Advisory Committee (EDAC) that suggest the program will create an unfair and significant financial advantage to landlords of heritage buildings. He detailed comparative realty tax rates for several Downtown properties and suggested that the differential amount will not impact the competitive market within the Downtown but rather will encourage new economic growth. He noted that EDAC also objects to the retroactive nature of the program; however, suggested that it is no different than applying for a tax assessment appeal that can take several years to complete. Mayor C. Zehr advised that Council was in receipt this date of correspondence dated January 27, 2003 from Mr. Mitchell Fasken, 410 King Properties Limited, outlining his reasons for support of the Heritage Tax Refund Program. It was noted that Mr. Fasken had registered as a delegation but was unable to attend. Mr. Bob Harris, Peer Group Software, attended in support of Clause 2 advising that businesses such as his want to provide unique office space to attract employees. He stated that unfair property assessment on redeveloped heritage buildings has had a negative impact on rental rates for heritage building tenants. Mr. Harris suggested that while renovation costs may be lower, tenants of heritage buildings pay substantially higher operating costs and noted that as a tenant of a heritage building his business has contributed to economic growth in the core. Messrs. Adrian Conrad and Manfred Conrad, Cora Group, attended in opposition to Clause 2. Mr. Adrian Conrad stated that he was concerned with the Downtown and pointed out that commercial vacancy rates stand at 18.2%. He advised that despite predictions vacancy rates will decrease, he is of the opinion they will actually increase and requested Council to concentrate its efforts on improving the whole of the Downtown rather than creating an unfair system that benefits only a small number of businesses. Mr. Manfred Conrad expressed concerns respecting the differential amount of realty tax rates and its impact on commercial rental rates. Mayor C. Zehr pointed out that the proposed by-law respecting this program limits eligible heritage buildings to a maximum of ten refund applications, which will be subject to annual review and budget funding. Clause 2 of the Finance and Corporate Services Committee report recommending establishment of a Heritage Tax Refund Program was moved by Councillor B. Vrbanovic and seconded by Councillor M. Galloway. Councillor Vrbanovic proposed an amendment to the motion requiring review of the program as part of the 2004 budget process, which was accepted by Councillor Galloway. JANUARY 27, 2003 COUNCIL MINUTES - 27 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 2 of the Finance and Corporate Services Committee report of this date be adopted, as amended to require review of the Heritage Tax Refund Program as part of the 2004 budget process." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors M. Galloway, B. Vrbanovic, G. Lorentz, J. Smola and J. Gazzola. Contra: None Motion Carried. Recorded Pecuniary Interest & Abstention: Councillor C. Weylie as she is the owner of a designated heritage property. Councillor C. Weylie re-entered the meeting. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Carried. 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, as amended." Voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Councillor C. Weylie raised concerns with respect to the need for non-profit housing and requested that staff give consideration to developing a policy to allow deferral of development charges as an incentive for non-profit housing development. Mr. J. Willmer advised that staff are in the process of finalizing a strategy for reduced development charges for affordable housing city-wide, which is to be part of the Community Improvement Plan for the Inner City. He indicated staff could provide a report on an interim comprehensive strategy respecting this issue. Councillor C. Weylie raised concern with snow removal service levels on crescents used by school buses, and cited Shadeland Crescent as an example. She requested that staff consult with the two School Boards to determine school bus routes that utilize crescents and review their priority status for snow removal. Mayor C. Zehr requested that when reporting on this issue, staff advise of any impact of the new Provincial standards on the City's budget. JANUARY 27, 2003 COUNCIL MINUTES - 28 - CITY OF KITCHENER Councillor C. Weylie then referred to the fence variance application considered earlier this date and requested that staff review provisions of the Fence By-law to determine the appropriateness of regulations relative to properties bordering on scenic views. Mayor C. Zehr advised that a Tim Horton's restaurant will open soon at the corner of Frederick Street and Lancaster Street. He requested that By-law Enforcement staff regularly monitor the site to enforce by-law "No Stopping" regulations, given the proximity to a school. Mayor C. Zehr gave notice that the Regional Municipality of Waterloo has authorized a public meeting for the purpose of considering an amendment to the Regional Official Policies Plan to delete the Queen Street - Benton Street Diversion. He advised that the meeting date has not been set but it would be held in March or April 2003. Councillor G. Lorentz referred to a memorandum dated January 23, 2003 from R. Gosse, Deputy City Clerk, concerning a request from the Regional Transportation and Environmental Services Department for appointment of Kitchener Council representatives to sit on various Regional road project committees. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the Regional Transportation and Environmental Services Department be advised of Kitchener Council representatives who will sit on various Regional Road Project Teams, as follows: Project Council Representation Highland Road King Street River Road Maple Grove Road Councillor G. Lorentz / Councillor C. Weylie Councillor C. Weylie / Councillor J. Smola Councillor J. Gazzola / Councillor B. Vrbanovic Councillor J. Gazzola." Carried. Council agreed to a request from G. Sosnoski, General Manager of Corporate Services & City Clerk, to add two by-laws to the agenda for three readings this date. The first by-law relates to Clause 3 of the Development and Technical Services Committee report of this date dealing with an amendment to Zoning By-law 85-1 respecting Big Spring Farms Limited, Bleams Road. The second by-law relates to Clause 2 of the Finance and Corporate Services Committee report of this date concerning a Heritage Tax Refund Program. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (b) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 58M-167 - Deer Ridge Court (c) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 and 2, Registered Plan 1833 - Marl Meadow Court. (d) Being a by-law to exempt certain lots from Part Lot Control - Part Blocks 1 and 5, Registered Plan 58M-89 - Pioneer Ridge Drive. (e) Being a by-law to exempt certain lots from Part Lot Control - Part Block 19, Blocks 1 to 18 inclusive and Blocks 20 to 22 inclusive, Registered Plan 58M-258 - Mountain Laurel Crescent, Activa Avenue and Bridlewreath Street. (f) To confirm all actions and proceedings of the Council. JANUARY 27, 2003 COUNCIL MINUTES - 29 - CITY OF KITCHENER (g) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Big Spring Farms Ltd. - Bleams Road. Being a by-law to provide for tax refunds in respect of eligible heritage property. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. Councillor C. Weylie previously disclosed a pecuniary interest in regard to the by-law listed as 4 (h) and abstained from all discussion and voting as she is the owner of a designated heritage property. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "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 J. Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) Carried. Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2003-13) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 58M-167 - Deer Ridge Court (By-law No. 2003-14) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 and 2, Registered Plan 1833 - Marl Meadow Court. (By-law No. 2003-15 Being a by-law to exempt certain lots from Part Lot Control - Part Blocks 1 and 5, Registered Plan 58M-89 - Pioneer Ridge Drive. (By-law No. 2003-16) Being a by-law to exempt certain lots from Part Lot Control - Part Block 19, Blocks 1 to 18 inclusive and Blocks 20 to 22 inclusive, Registered Plan 58M-258 - Mountain Laurel Crescent, Activa Avenue and Bridlewreath Street. (By-law No. 2003-17) To confirm all actions and proceedings of the Council. (By-law No. 2003-18) JANUARY 27, 2003 COUNCIL MINUTES - 30 - CITY OF KITCHENER (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Big Spring Farms Ltd. - Bleams Road. (By-law No. 2003-19) (h) Being a by-law to provide for tax refunds in respect of eligible heritage property. (By-law No. 2003-20) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Councillor C. Weylie previously disclosed a pecuniary interest in regard to the by-law listed as 6 (h) and abstained from all discussion and voting as she is the owner of a designated heritage property. On motion, the meeting adjourned at 9:10 p.m. MAYOR CLERK JANUARY 27, 2003 COUNCIL MINUTES - 31 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That Mr. Rino dal Bello be appointed Co-Chair of the Environmental Committee for a term to expire on November 30, 2003. That an over expenditure of $53,640 from the Development Charge Fund and $9,750 from Water be approved for increased Engineering fees relative to the design and contract administration for the Doon Village Road diversion from Bechtel Drive to Tilt Drive; and further, That staff be authorized to adjust the existing purchase order in accordance with the approved over expenditure. That Zone Change Application ZC 00/18/B/TMW (Bleams Road / Laurentian West Community - Big Spring Farms Ltd.) requesting a change in zoning from Agricultural Zone (A-l) to Residential Three Zone (R-3), Residential Three Zone (R-3) with special regulation provision 333R, Residential Four Zone (R-4), Residential Four Zone (R-4) with special regulation provision 397R, Residential Six Zone (R-6), Residential Six Zone (R-6) with special regulation provision 397R and Open Space Zone (P-2) on lands legally described as Part of Lots 139 & 140, German Company Tract, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated December 20th, 2002, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and Delegation By-law 97-061, grant draft approval to Plan of Subdivision Application 30T-00203 (Bleams Road), in the City of Kitchener, for Big Spring Farms Ltd., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-00203 as shown on the plan prepared by MHBC Planning Limited last revised December 17th, 2002 and as shown on the Plan of Subdivision prepared by the City of Kitchener dated December 20th, 2002, which shows the following: Stage 1 Lots/Blocks 1-18 Blocks 19-25 Block 26 Block 27 - 93-156 units - single or semi-detached - lot consolidation (semi-detached) - 6m walkway - 10m walkway/service corridor Stage 2 Blocks 1-4 Block 5 Block 6 - 19-27 units - street townhouses - 6m walkway - open space (H.E.P.C.) Total - 112-183 units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Big Spring Farms Ltd.) regarding the lands shown outlined on the attached Plan of Subdivision dated December 20th, 2002 and which shall contain the following special conditions: Section 3 Prior to Servicing 3.16 The SUBDIVIDER agrees that the plan shall be registered in two stages in accordance with the following: COUNCIL MINUTES JANUARY 27, 2003 - 32 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. Cont'd a) Stage 1 must be registered first and shall be registered concurrently with or at any time subsequent to the registration of Stages 9 and 10 in the adjacent Draft Plan of Subdivision 30T-95015; and b) Stage 2 shall be registered after Stage 1 and concurrently with or at any time subsequent to the registration of Stage 11 in the adjacent Draft Plan of Subdivision 30T-95015. 3.17 The SUBDIVIDER shall make satisfactory financial arrangements with the Director of Engineering Services for construction of a 1.5 metres concrete sidewalk along the entire Bleams Road frontage of the property. Section 4 Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering Services or Chief Building Official. 4.23 The SUBDIVIDER agrees that no building permits shall be issued for Blocks 19 to 25 (Stage 1) until said Blocks are consolidated with the future lots in Block 19 (Stage 9) of the adjacent Plan of Subdivision 30T-95015. Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Activa Avenue to Ottawa Street via David Bergey Drive and to using Activa Avenue to Bleams Road via Donnenwerth Street for Stage 1 and restricted to using Bleams Road to Red Clover Court for Stage 2 (a temporary Regional Road Access Permit will be required) and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.11 The SUBDIVIDER shall construct a community/pedestrian trail connection between Block 26 (Stage 1) and Block 5 (Stage 2) over Block 6 (Stage 2) to the satisfaction of the CITY's General Manager of Community Services no later than when the final course of asphalt is installed in Stage 2. 6.12 That in the interest of providing a variety of house designs within Iotless Blocks 8, 9 and 15-18 (Stage 1), the SUBDVlVlDER agrees to ensure a variety of lot widths and/or building elevations within each Block. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval 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. COUNCIL MINUTES JANUARY 27, 2003 - 33 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. Cont'd The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 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, to 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 Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S Director of Operations; and (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 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: 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; COUNCIL MINUTES JANUARY 27, 2003 - 34 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. Cont'd b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Director of Planning; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Development and Technical Services Department. 10. That the 5% parkland dedication required for the entire Plan of Subdivision, being 0.589 hectares, shall be satisfied by a cash-in-lieu contribution for 5% of the value of the all the lands within the plan. The value of the cash contribution shall be determined by the City's appraiser as of the day before the day of approval of the draft plan of subdivision, payable to the City prior to the City's release of the plan for registration. 11. 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(s), have been satisfied. 12. To convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: STAGE 2 a) Block 6 for open space. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. COUNCIL MINUTES JANUARY 27, 2003 - 35 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. Cont'd That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. That prior to any grading, a lot grading and drainage plan and stormwater management report be submitted for approval, for the entire draft plan of subdivision, to the satisfaction of the Regional Commissioner of Engineering where lands drain to a regional facility. That prior to the registration of Stage One of the plan, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Regional Road No. 56 (Bleams Road), and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to the issuance of building permits. That prior to the registration of Stage One of the plan, the owner shall enter into an agreement with the Regional Municipality of Waterloo to erect a 1.82 metre high permanent maintenance free fence adjacent to Regional Road No. 56 (Bleams Road), with an opening for the sidewalk connection to Red Clover Court, in accordance with Regional policies and procedures, except where a noise wall may be required as a result of Condition No. 4 above. That prior to any grading or construction, and final approval of all or any part of the draft plan of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on site, at the expense of the owner. That the SUBDIVIDER obtain a temporary Regional Road Access Permit for the construction access from Regional Road No. 56 (Bleams Road) to Red Clover Court for Stage 2 and make arrangements for the closure of any redundant field access on Bleams Road. 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. 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 COUNCIL MINUTES JANUARY 27, 2003 - 36 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. Cont'd 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 final approval of the plan for registration, the SUDIVIDER shall submit a lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. That any development in conjunction with the subdivision must not block vehicular access to any Hydro One facility located on the right-of-way. During construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The Subdivider will be responsible for restoration of any damage to the right-of-way from construction of the subdivision. That the costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision will be borne by the SUBDIVIDER. That prior to registration of Stage Two, the SUBDIVIDER shall grant and register a supplemental easement to Hydro One to ensure that existing Hydro One facilities and easement rights are adequately protected. The easement rights of Hydro One and its legal predecessors are to be protected and maintained. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.7 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, the Director shall be advised by Hydro One that Conditions 4.1 to 4.4 have been carried out to the satisfaction of Hydro One. The clearance letter from Hydro One 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, the Director shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7 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, the Director shall be advised by the telephone companies that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. JANUARY 27, 2003 COUNCIL MINUTES - 37 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. Cont'd Updated Information 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. Regional Agreement 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. Fees The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 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 along with appropriate supporting information is submitted to the Ministry of the Environment for approval. Stormwater Management The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System 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. Planning Act Applicability 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. Regional Servicing Agreement 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 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. JANUARY 27, 2003 COUNCIL MINUTES - 38 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. Cont'd When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. Registration Release 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. Hydro Lands The transmission lines abutting this subdivision operate at either 500,000 or 230,000 volts. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to the energised 500 kV conductor. The distance for a 230kV conductor is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. 13. Final Plans - Subdivision 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 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 application is proper planning for the City. That Zone Change Application ZC 01/13/M/ET (247 Madison Avenue South - G. & V. Shearer / Robert Deutschmann) requesting a change in zoning from Residential Five Zone (R-5) to General Industrial Zone (M-2) with Special Regulation Provision 368R, on the lands legally described as Part Lot 1, Christian Eby's Survey, Registered Plan 366, municipally known as JANUARY 27, 2003 COUNCIL MINUTES - 39 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 4. Cont'd 247 Madison Avenue South, be approved, in the form shown in the "Proposed By-Law", dated December 12, 2002, subject to the following conditions: 1) That prior to any readings of the amending Zoning By-law, the owner constructs a 1.8 metre high decorative fence as a visual barrier along the south property line, directly adjacent to the parking area, in accordance with the approved site plan; and, 2) The owner acknowledges that Condition 1 is requested to be satisfied within 12 months of the day of Council having approved by resolution Zone Change Application 01/13/M/ET. In the event that the requirement is not fulfilled within the 12 month period, Council may consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the Kitchener Fire Department be authorized to pursue accreditation through the Commission on Fire Accreditation International (CFAI) and the project be funded as proposed in Development and Technical Services Department report DTS-03-011. That the Regional Municipality of Waterloo's 2003 Roads Capital Programme for the City of Kitchener as outlined in Development and Technical Services Department report DTS-03-009 be endorsed; notwithstanding concerns as outlined in the January 20, 2003 Development & Technical Services Committee meeting minutes with respect to the following: · the final design of the King Street East widening from River Road to the Freeport Bridge not conforming with what was previously agreed to the widening of Highland Road West to 4 lanes from Fischer-Hallman Road to future Ira Needles Boulevard not being a priority nor listed in the Regions 10 Year Capital Forecast the redesign of the intersection of Queen Street South at Westmount Road having created a dangerous peak hours bottleneck with eastbound Queen Street traffic having only one through lane causing extremely lengthy back-ups on Queen Street South from Westmount Road to Warren Road, and sometimes as far as Southridge Public School · the delay in implementation of several intersection improvements to deal with existing bottlenecks on Queen Street South from Highland Road to the Downtown · the Queen / Benton Streets diversion being removed from the RROP with no related improvements proposed in its place · improper activation of traffic signals restricting northbound traffic on Fischer-Hallman Road when transit buses turn left into the Highland Hills Mall the economic vitality of Downtown Kitchener being negatively impacted as a result of access to the Downtown being restricted by the Region's Policies with respect to prohibiting the 4 lane widening of Victoria Street South and delay of intersection improvements to Queen Street South the impact of traffic from developing residential subdivisions using Ira Needles Boulevard to access Victoria Street South and Queen Street South in order to enter the Downtown, thus worsening existing traffic bottlenecks on Victoria and Queen Streets. That the Regional Municipality of Waterloo be urged to consider Fire Station #3 as the preferred location for housing an ambulance service on the easterly side of Kitchener. COUNCIL MINUTES JANUARY 27, 2003 - 40 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That the City of Kitchener recognizes the overall success of co-hosting the 2002 Ontario Summer Games (OSG), in principle, as outlined in Community Services Department report CSD-03-017; and further, That the City agrees to declare 'KidSport K-W' the recipient of the OSG legacy fund, as recommended by the Games Executive and Operating Committee, totalling $9,220. of which the City's portion is $4,610. That an additional annual minor sports grant be confirmed as allocated in the City's 2003 Operating Budget to the Kitchener Minor Hockey Association (KMHA) in the amount of $36,000. for operating the Girls Hockey Program in Kitchener; and further, That a Task Force be struck which would include representatives of KMHA and City staff to investigate fund development and / or expense reduction strategies to assist in reaching KMHA financial goals. FINANCE AND CORPORATE SERVICES COMMITTEE - That the Capital Project Costing fund be approved as identified in the City's Capital Forecast 2003-2012; and further, That any expenditures from the Capital Project Costing Fund be authorized by the Project Administration Office. That a Heritage Tax Refund Program be established in accordance with the Proposed By-law dated January 15, 2003, as attached to Development and Technical Services Department report DTS-03-014, to provide a 40% tax refund of the City and Educational share of property taxes levied on the eligible portion of a heritage property in the Residential, Multi-Residential, Farm, Commercial and Industrial property classes, subject to available funding; and, That a limit of one heritage tax refund paid annually to a maximum of ten (10) refunds be established for each eligible easement or preservation and maintenance agreement in respect of an eligible heritage property in the Multi-Residential, Commercial and Industrial property classes, subject to available funding; and, That funding for the Heritage Tax Refund Program be taken from the general municipal levy; and, That the Program be reviewed as part of the 2004 budget process; and further, That the Regional Municipality of Waterloo be encouraged to pass a similar by-law to enable the Region to provide a 40% tax refund of the Regional share of property taxes to eligible heritage property in the Residential, Multi-Residential, Farm, Commercial and Industrial property classes, subject to the same terms and conditions established by the City of Kitchener. (Dealt with under Delegations and Carried, as Amended) That Strategic Services Department report SSD-02-028 (Strategy for Confidentiality of Information Policy and Confidentiality Agreements) be deferred and referred to the February 3, 2003 Finance and Corporate Services Committee meeting for consideration. That Mr. Frank Engrich be granted an extension to May 31, 2003 to comply with the provisions of Municipal Code Chapter 650 (Lot Maintenance) to remove an unlicensed vehicle from outdoor storage at 107 Activa Avenue. COUNCIL MINUTES JANUARY 27, 2003 - 41 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That staff be directed to review the provisions of Chapter 650 (Lot Maintenance) and Municipal Code Chapter 655 (Property Standards) regarding the storage of unlicensed vehicles on private property; and further, That staff prepare a report for future consideration by the Finance and Corporate Services Committee. That the Asset Management Strategy contained in Financial Services Department report FIN- 03-005 be approved; and further, That a maximum $100,000. be allocated from the Asset Management Reserve Fund for the purchase of software, contract services and appraisals related to the Asset Management Strategy development. COUNCIL MINUTES JANUARY 27, 2003 - 42 - 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." Councillor C. Weylie previously disclosed a pecuniary interest in regard to the by-law listed for first reading as 4 (h) as she is the owner of a designated property and abstained from all discussion and voting. B. ADMINISTRATIVE REPORTS- 1. Licences i) Special Event It was resolved: "That the request of the Angels Softball Club to sell food and souvenirs during their tournament at Peter Hallman Ball Yards on June 20, 21 and 22, 2003, be granted, provided the necessary licence is obtained, including Health and Fire approvals; and further, That the Special Event Licence fee of $27.00 be applicable." ii) Adult Entertainment Parlour Attendant It was resolved: "That Nadine Krysko and Kristin White, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted 2003 Adult Entertainment Parlour Attendant Licences." 2. Cross Border Servicinq A.qreement - Township of Woolwich It was resolved: "That the City enter into the Agreement entitled 'Cross Border Servicing Agreement for Sewage Collection' dated the 14th of January, 2003 with the Corporation of the Township of Woolwich regarding cross border servicing of sanitary sewage via the to- be-constructed Victoria Street North Sanitary Pumping station; and further, That the Mayor and Clerk be authorized to execute such Agreement subject to the satisfaction of the City Solicitor." 3. Tenders Dealt with under Delegations. 4. Social Gaminq Event - Beth Jacob Conqre.qation - 161 Stirlinq Avenue South Council was in receipt of Corporate Services Department report CRPS-03-005 (J. Koppeser), dated January 9, 2003, advising of no objection to the holding of a social gaming event. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on June 4, 2003." COUNCIL MINUTES JANUARY 27, 2003 - 43 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Sale of Tickets - The Princess Marqaret Hospital Foundation Council was in receipt of Corporate Services Department report CRPS-03-011 (J. Koppeser), dated January 21, 2003, advising of no objection to the selling of tickets. It was resolved: "That the City of Kitchener has no objection to The Princess Margaret Hospital Foundation, 610 University Avenue, Toronto, ON, M5G 2M9, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held starting May 6, 2003." Acknowledqement and Consent - Binqemans Inc. - Security A.qainst Title of 201 Kin.q Street East Council was in receipt this date of Corporate Services Department report CRPS-03-015 (J. Sheryer), dated January 24, 2003, respecting consent to Bingemans Inc. for the granting and registering of security against title. It was resolved: "That the Mayor and Clerk be authorized to sign an Acknowledgement and Consent to Bingemans Inc. granting and registering security against title of 201 King Street East, currently leased by the City as a parking lot." Conveyance - Reserves "E" and "F", Re.qistered Plan 1319 -Victoria Street South at Westmount Road West Council was in receipt this date of Corporate Services Department report CRPS-03-013 (L. MacDonald), dated January 24, 2003 respecting conveyance of lands at the corner of Victoria Street South and Westmount Road West to the Regional Municipality of Waterloo. It was resolved: "That notwithstanding the provisions of condition 1.(g) of the Residential Subdivision Agreement registered as Instrument No. 437422, the Public Trustee is directed to convey ownership of Reserves 'E' and 'F', Registered Plan 1319, to the Regional Municipality of Waterloo rather than the City." 8. Amendment to Lease - L.P. Holdinqs Inc. - 521 Kinq Street West Council was in receipt this date of Corporate Services Department report CRPS-03-014 (L. MacDonald), incorrectly dated November 24, 2003, rather than January 24, 2003 respecting execution of an amended lease. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment to the lease dated July 1, 2001 with L.P. Holdings Inc. pertaining to use of 521 King Street West as a municipal parking lot."