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                                                                   Waterloo, Ontario
                                                                    March 29, 1999

A regular meeting of the Committee of the Whole of the Corporation of the City of
Waterloo was held on the above-mentioned date at 6:30 p.m. in the Council Chambers,
City Hall, Waterloo City Centre.

The following members were present:           Mayor McKinnon
                                              Councillor Anderson
                                              Councillor Jones
                                              Councillor Needham
                                              Councillor Roeder
                                              Councillor Strickland
                                              Councillor Woolstencroft

Regrets:     Councillor Connolly
             Councillor Alexander

Councillor Woolstencroft in the Chair

1.    DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL
      NATURE THEREOF

Councillor Woolstencroft declared a pecuniary interest in item #5 – Formal Public
Hearings, Nelson Kraus Holdings (DS99-16 & DS99-17) as part of the lands have been
sold to Dalsa. Councillor Woolstencroft and her husband have shares in this company.
As a result of the pecuniary interest, Councillor Woolstencroft indicated she would
excuse herself from the Chair as it relates to the formal hearing and requested
Councillor Anderson to assume the Chair during this time.

2.    PRESENTATIONS

      a)              Town & Gown Committee Re:              University Students
              Recognition Awards
Prior to presenting the recognition awards, Mayor McKinnon recognized the following
members of the Town and Gown Committee who were seated in the audience: Mr.
Garreth Cunningham, President Students‟ Union, Wilfrid Laurier University -
outgoing, Mr. Christian Provenzano, President Federation of Students, University of
Waterloo, Ms. Katharine Scott, Associate Provost Student Services, University of
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Waterloo, Mr. Terry Dorscht, Community Representative and Ms. Kathy Durst, City of
Waterloo representative.

Mayor McKinnon, assisted by Councillor Roeder and Councillor Needham, presented a
certificate and gift to the following students of the University of Waterloo and Wilfrid
Laurier University in recognition of their Outstanding Volunteer Service in our
community:

UNIVERSITY OF WATERLOO FEDERATION OF STUDENTS

Alyson Woloshyn
Amy Herringer
Marla Hostein
Liam Morland
Sharmeen Mazaheri

WILFRID LAURIER UNIVERSITY STUDENTS‟ UNION

Nicole Morin
Oliver Martin
Xanthe Martin
Michael McKenna
Michele Palozzi

Mayor McKinnon called on Dr. Don Baker, Acting Dean, Faculty of Arts and Science,
Wilfrid Laurier University to say a few words on behalf of Wilfrid Laurier Univeristy
and the University of Waterloo. Dr. Baker congratulated the Council, Mayor and the
Town and Gown Committee by saying „what a better way to celebrate the linkages of
both Universities‟ and he hoped this process would continue. Dr. Baker also
congratulated the students that received the awards indicating that the universities
encourage volunteers and that the students continue to impress us with their hard work,
dedication and commitment they make in volunteering their time in our community.


3.    STAFF REPORTS

      a)            By-law Enforcement Memorandum
             Re:    Wilfrid Laurier University Year End Celebration

Moved by Councillor Roeder ,seconded by Councillor Strickland:
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            “That staff use discretion in the enforcement of the Noise By-law in
             regards to the Wilfrid Laurier University year end celebration.”

                                             Carried Unanimously

      b)          Development Services Memorandum
            RE: Fact Sheet for an Amendment to the Zoning By-law, Z-99-03,
            Columbia Street and Erbsville Road, Kubassek Homes (Highland
            Ltd.)

Moved by Councillor Anderson, seconded by Councillor Roeder:

            “That the Informal Public Meeting be waived.”

                                             Carried Unanimously

      c)    CORP/HR99-17        Re:    GOLDEN TRIANGLE BENEFITS
                                       CONSORTIUM

Moved by Councillor Jones, seconded by Councillor Needham:

            “That the Council of the City of Waterloo approve participation in a
            feasibility study to investigate opportunities for benefits pooling with
            area municipalities the cost of which will be shared based on numbers of
            lives insured in each municipality;

            That $5,110 be allocated from 1999 budget contingency for the purposes
            of participating in the above study.”

                                             Carried Unanimously

4.    i)    COMMUNICATIONS/CORRESPONDENCE

      ii)          ITEMS FOR COUNCIL’S INFORMATION

      a)          The Honourable Isabel Bassett, Minister of Citizenship,
            Culture and Recreation
            Re: The Ontario Medal for Good Citizenship

            Information.
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5.     FORMAL PUBLIC HEARINGS

Councillor Anderson in the Chair.

Listed on the Agenda are two formal public hearings regarding the draft plan of
subdivision for lands, which are adjacent to each other with similar issues. As a result,
Council have agreed to combine the hearing procedure into one formal public hearing.

As a result of combining the following applications into one hearing, staff would
provide a brief overview of both applications. Once the hearing is concluded, the
Chair would entertain one motion for both applications.

The Chair asked Mr. Ayers, City Clerk to advice of method used by which notice of the
meeting was given and confirm the dates. Mr. Ayers indicated that notice was
advertised in the Waterloo Chronicle on February 24, 1999 and mailed on February 26,
1999 to all persons within 120 metres of the subject lands to all public agencies and to
all those who requested notice.

       a)     DS99-16       Re:     ZONE CHANGE APPLICATION Z-90-08
                                    DRAFT PLAN OF SUBDIVISION 30T-95006
                                    NELSON KRAUS HOLDINGS
                                    LIMITED AND THE CITY OF WATERLOO

       b)     DS99-17       Re:     ZONE CHANGE APPLICATION Z-97-
                                    15 DRAFT PLAN OF SUBDIVISION 30T97011
                                    NELSON KRAUS HOLDINGS LIMITED AND
                                    THE CITY OF WATERLOO

Ms. Krista Walkey, Development Services, introduced report DS99-16 and indicated
this application provides for a planning subdivision that could result in 75 single or
semi detached units, 6 industrial blocks (26.8 acres) and parkland. The applicant is
also requesting that the lands be rezoned from Agriculture “A” to semi-Detached
“SD”, Green Two “G2” and Industrial One “I1”. Council was advised that since the
initial submission by the applicant the City of Waterloo has purchased the industrial
lands from the applicant to serve the future industrial needs of the city.

In regards to report DS99-17, Ms. Krista Walkey, Development Services, indicated this
application provides for a subdivision that could result in 114 single or semi detached
units, 3 industrial blocks, open space and parkland. The City of Waterloo has
purchased the industrial blocks as well as the storm water management block. Nelson
Kraus Holdings conveyed the woodlot (Block 15) to the City which will complete the
acquisition of the Eastbridge Woodlot. The applicants are also requesting that the
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lands be rezoned from Agriculture “A” to Semi-Detached “SD”, Green One “G-1”,
Green two “G2” and Industrial One “I1”. Included in her presentation of these subject
lands, Ms. Walkey gave an overview of the overall servicing for these areas.

                 DELEGATIONS

1)                  Ms. Wood advised that her property is presently served by a well and
     does not wish to be on city water. Ms. Wood also indicated that she does not want
     Country Squire Road to be renamed University Avenue and was under the
     impression the lands would be used for I1 (Light Industrial) purposes. Ms. Walkey,
     in responding to these concerns, indicated that the Council of the Township of
     Woolwich would be required to agree to the extension of the services and the lands
     would be used for I1 purposes. Ms. Walkey also indicated that the residents would
     have input into a street name change.

2)                  Mr. Bill Smith, Country Squire Road, expressed his concern to any
     multi-residential development of the lands. Ms. Walkey indicated that the
     residential development is proposed on the south-west segment of the subdivision
     and not adjacent to Country Squire Road..

3)                 Mr. Eldon Martin addressed the water quality and flows of the Martin
     Pond and suggested that a monitoring plan should be put in place to check the
     quality and water flow. Mr. Martin also requested the opportunity for input in the
     storm water management process.

4)                  Mr. Villeneuve, Country Squire Road, also spoke to the issue of water
     quality and floods as it relates to his property.

5)                  Mr. Bernie Hermsen of MacNaughton, Hermsen, Brittan, Clarkson,
     consultant for Nelson Kraus Holdings indicated his support for the applications. In
     regards to the Martin Pond, Mr. Hermsen reported the design principles for storm
     water management would ensure the recognition of the pond


As no one else was present to speak in favour of or in opposition to the issue, the Chair
concluded the formal public hearing.

Moved by Councillor Strickland, seconded by Councillor Needham:

         1.               “That Zone Change Application Z-90-08, Nelson Kraus
              Holdings Limited, be approved as shown on Map 2.
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      2.                That Draft Plan of Subdivision 30T-95006, for Nelson Kraus
           Holdings Limited and the City of Waterloo, dated March 12, 1999, as shown
           on Map 1, be approved subject to the recommendations in report.”

              and

      1.                   “That Zone Change application Z-97-15, Nelson Kraus
           Holdings Limited, be approved as shown on Map 2.

      2.                   That Draft Plan of Subdivision 30T-97011, Nelson Kraus
           Holdings and the City of Waterloo, revised March 12, 1999, be approved as
           shown on Map 1.

                                               Carried
                                               5-0
                                               Councillor Woolstencroft in conflict


6.    STAFF REPORTS CONTINUED

      Councillor Woolstencroft in the Chair

      a)      DS99-20      Re:    UNIVERSITY AVENUE EXTENSION STAGE
                                  1 & STAGE 2 FINAL RECOMMENDATION
                                  FOR TENDERING & CONSTRUCTION

Mr. Kevin Boudreau, Development Services provided a brief overview of the design
and construction timetable for the extension of University Avenue. Mr. Boudreau
noted that on December 14, 1998, Council approved expenditure for the estimated
design and construction of University Avenue Stage 1 and for completion of the design
University Avenue Stage 2.

Mr. Andrew Friedel, Financial Services gave a brief presentation on the proposed
funding of the project.

Mr. Boudreau indicated that he had received a fax just prior to Council from Mr.
Robert Kerton 504 Woolwich Street expressing their concerns regarding the University
Avenue extension. Mr. Boudreau suggested that the Kerton concerns have been
satisfied, however, Mr. Boudreau will provide a memorandum to Council detailing
how the issues have be resolved.

Moved by Councillor Anderson, seconded by Mayor McKinnon:
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1.                     “That Waterloo City Council approve the final design for Stage 2
     of the University Avenue Extension;

2.                     That Council authorize an expenditure of $3,536,200 for
     Construction of University Avenue (Stage 1 and Stage 2) from the current
     constructed limit of Piller‟s (near Wismer Street) north to New Bedford Drive
     (approximately 2 km in length), to be funded from the Development charges
     Reserve Fund;

3.                    That Council approve front end financing by the City of Waterloo
     in the amount of $1,200,000 to be repaid from the development charges fund in the
     year 2000 & 2001;

4.                  That Council approve the carrying costs charges to be paid by
     Genstar Development Corporation in accordance with the repayment time frame
     noted in recommendation 3.”

                                                        Carried Unanimously

7.      LATE STARTER               RE:    SITE PLAN - APARTMENT BUILDING
                                          WILLIAM STREET EAST

Mr. Ayers, City Clerk informed Council that the Site Plan Review Committee is
presently reviewing the Site Plan for 142 unit, 8 storey apartment building on William
Street East at Herbert Street. At the request of the area residents, Mayor McKinnon
agreed to a delegation appearing at tonight‟s Committee of the Whole meeting to
express the neighbourhood concerns regarding this development. Mr. Ayers further
advised that it may be necessary to recess the Committee of the Whole meeting in order
to go into “in-camera” to discuss the legal implications of this matter.

Ms. Barb Magee-Turner, Chair of the Site Plan Review Committee, provided a brief
overview of the site plan highlighting issues such as the height and appearance of the
building, landscaping plans, parking areas, lighting and engineering matters i.e. vehicle
access to adjacent neighbourhood, and emergency dry land access. Ms McGee-Turner
noted that the lands were subject to a zone change in 1986, which would permit the
proposed development.

Mr. Greg Romanick, Director of Development Service, noted that the Council of the
day, as part of the 1986 zone change, would have undertaken the public process
required under the Planning Act. Mr. Romanick also noted that the site plan review
process looks at the developments‟ design, quality & planning principles.
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Mr. Romanick noted that an Open House for the neighbourhood was held on Thursday
April 1st to inform the residents of the project. This open house is not a requirement
under the Planning Act, but rather, nor is it normally done through the site plan
process.

Mr. Romanick noted that a building permit was issued in 1986 for a “mixed”
development of commercial (ground floor) with free standing residential on the upper
floors. Mr. Romanick also raised the issue of the proposed heritage designation for the
Mary-Allen neighbourhood and noted the subject lands are on the perimeter of the
study area. Mr. Romanick expressed concern as to William Street boundary of the
study and noted that the heritage study is in its infancy stage.

      DELEGATIONS

Ms. Rebbeca Short, 33 Willow Street, expressed her concerns about the lack of public
process, reminded Council of the Project 2007 Vision – “Uptown - Your Town and
concluded by requesting Council to uphold this vision.

Mr. Thomas Slee, 178 Herbert Street, was concerned about the scale – 8 storey
building flanked by single storey homes. Mr. Slee continued with “density” and
“parking” concerns and concluded with his concern over the lack of parks and green
space in the area.

Mr. Bill Shalinsky, 47 Allen Street East, asked Council to consider three requests:
      1.                Postpone approval of Site Plan
      2.                Set up meetings to further discuss concerns
      3.                Create better mechanism in the future so residents are aware of
              what is happening in process.

Mr. Joe Carapella, developer and principal owner, indicated that prior to purchasing
this site he received City staff assurance that zoning was compliant with his proposed
site development. Mr. Carapella added that currently the City of Waterloo has the
lowest vacancy rate in Canada and therefore there is a need for this type of
development.

Moved by Mayor McKinnon, seconded by Councillor Needham:

      “That Council go into a closed meeting for the purpose of receiving information
      of a legal nature.”

                                                              Carried Unanimously
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9:25 p.m. Committee of the Whole reconvened

Councilor Woolstencroft indicated that because this issue was complex, Mr. Bill
White, City Solicitor, would be asked to report on legal implications of this matter.
Mr. White indicated that this Council‟s hands were tied by the previous Council‟s
decision of the 80‟s. Mr. White continued by adding that the formal public hearing
took place in the mid 1980‟s and this developer complies will current zoning and by-
laws. Mr. White added that it is not lawful for the city to direct the developer to reduce
the building size, however, the city may request the developer to review technical
issues.

Moved by Mayor McKinnon, seconded by Councilor Jones:

1         “That Mary Allen Neighbourhood Association form a small committee to
          meeting with the Developer, Site Plan Review Committee and Mr. Greg
          Romanick to discuss technical issues;

2.        That Council direct Mr. Romanick to sign the Site Plan Agreement;

3.        That Council review and debate the Site Plan Review process.”

                                                                Carried Unanimously

Moved by Councilor Anderson, seconded by Councilor Jones:

          “That Councilor Needham sit on the newly formed Mary Allen Neighbourhood
          Association committee.”
                                                             Carried Unanimously


8. UNFINISHED BUSINESS

     a)         CORP/FIN99-18              Re:    LOCAL IMPROVEMENTS
                                                  REIMBURSEMENT

Due to the absence of Councilor Alexander and the fact that one of the delegations
could not attend, CORP/FIN99-18 will be postponed for 2 weeks.

9.        NEW BUSINESS
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        1.         Councillor Jones indicated that the team that went to the Elmira
Maple Syrup Festival on Saturday March 27 to flip pancakes did not win but had a
great time.

      2.             Councillor Alexander asked Mayor McKinnon in his absence to
mention that the Waterloo Deb “AA” Ringette Team won the Provincials in Whitby,
Ontario and will play in the Nationals on April 5, 1999 in Halifax. Council requested
Mayor McKinnon to write a letter of congratulations to the Team.

10.       ADJOURNMENT

Moved by Councillor Roeder, seconded by Councillor Needham:

      “That the meeting adjourn.” (9:50 p.m.)

                                                Carried Unanimously

				
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