REGIONAL COUNCIL MINUTES Wednesday, September 27, 2006 The following are the minutes of the Regular Council meeting held at 7:10 p.m. in the Regional Council Chamber, 150 Frederick Street, Kitchener, Ontario, with the following members present: Chair K. Seiling, J. Brewer, M. Connolly, D. Craig, K. Denouden, H. Epp, T. Galloway, J. Haalboom, R. Kelterborn, C. Millar, J. Mitchell, W. Roth, J. Smola*, B. Strauss, J. Wideman*, and C. Zehr. DECLARATIONS OF PECUNIARY INTEREST UNDER THE MUNICIPAL CONFLICT OF INTEREST ACT None declared. CLOSED SESSION MOVED by K. Denouden SECONDED by M. Connolly That a closed meeting of Council be held on Wednesday, September 27, 2006 at 6:45 p.m. in accordance with Section 239 of the Municipal Act, 2001, for the purposes of considering the following subject matters: a) a proposed or pending acquisition of land b) personal matters about an identifiable individual CARRIED MOVED by B. Strauss SECONDED by W. Roth The Council reconvene in Open Session. CARRIED MOVED by B. Strauss SECONDED by J. Haalboom That Council change the start time of the October 11, 2006 Council meeting to 3:00 p.m. CARRIED Council - 2 - 06/09/27 DELEGATIONS a) Waterloo West Side Development i) Memo: Update on Wilmot Line Road Environmental Assessment and Associated Proposed Plans of Subdivision Chair Seiling summarized the memo from staff advising a final decision will not be made by the Commissioner until all of the reviews are completed, including the road Environmental Assessment. Staff will continue with the technical review. *J. Smola entered the meeting at 7:15 p.m. ii) Dr. Emil Frind appeared before Council regarding the west side development, highlighting water issues, including water quality and quantity and the moraine as a reliable water source. A copy of his submission is appended to the original minutes. iii) Tom Schneider appeared before Council and supported the comments made by Dr. Frind. He stated the current system for environmental reporting is likely to induce bias and he provided possible examples of bias found in the reports submitted in support of these subdivision applications. He displayed a map and outlined the infiltration and run off issues and the need for this area to be designated as significant recharge. He urged Council to take these issues seriously. A question was asked by Council regarding the monitoring pre and post development. T. Schneider clarified the issue is water infiltration rates from the run off and whether or not the run off has been quantified and included in the equation. iv) Alex David appeared before Council to highlight roof run off contamination regarding the west side proposal. He quoted Provincial Policy Statements and expressed concern with creosote runoff and its effect on the area. A copy of his submission is appended to the original minutes. v) Susan Smith appeared before Council and thanked staff for listening to the concerns and stated she is confident the concerns will be heard. She stated the Clair Creek and Vista HIlls lands are not appropriate for development and referenced adherence to the Ontario Municipal Board Order (OMB) from 1992. S. Smith noted the animal habitat in this area. She expressed concern with the size of the buffers and requested the Region to require the developer to pay for an independent study to determine what size of buffer is appropriate. She also referenced grading and cut and fill requirements and how this will affect the kettles and scenic vistas. Questions were raised regarding an inventory of scenic vistas and discussions about buffers with GRCA. S. Smith advised she is not aware of any documentation of the scenic vistas. She stated GRCA does not have control when areas are under 0.5 hectares. *J. Wideman entered the meeting at 7:40 p.m. vi) David Wellhauser appeared before Council as the spokesperson for Waterlooians.ca to identify policy inconsistencies with the City of Waterloo staff Report DS-06-16. He reviewed the various policies and the pro-development 314691 Council - 3 - 06/09/27 bias in a powerpoint presentation which is appended to the original minutes. D. Wellhauser also asked a number of questions and stated Council needs to take leadership on this matter. vii) Ginny Quinn appeared before Council highlighting a session she attended with Professor John Cherry and the effects of the density of development on the aquifer and recharge areas. A copy of her submission is appended to the original minutes. viii) Pauline Richards appeared before Council to urge them not to approve the plans of subdivision for the west side of Waterloo. She highlighted criteria for new urbanism and promoting walkability. She also expressed concern with the increased number of vehicles and only one access road to Columbia Street. A copy of her submission is appended to the original minutes. P. Richards was asked if she agrees housing can be located in this area. P. Richards replied housing could be built, but not high density and done per the OMB order of 1992. In response to another question, she advised the moraine is the biggest issue for this development. She stated ideally the Vista Hills area would not be developed, but the other 2 developments further south could potentially proceed. ix) Deb Swidrovich appeared before Council, stating she lives on Wilmot Line. She expressed concern with traffic volume and the effect it will have on this area which has been designated as an Environmentally Sensitive Landscape. A copy of her submission is appended to the original minutes. x) Louisette Lanteigne appeared before Council with respect to the Waterloo west side lands and urged Council to vote on this matter. She quoted Provincial Policy Statements related to authority that affects planning matters throughout Ontario. A copy of her submission is appended to the original minutes. M. Connolly thanked the delegations for their input and proposed a motion to have this matter brought back to Council for debate prior to staff making a decision on the development. There was discussion on the process and Chair Seiling advised staff have been requested to produce an information summary report addressing the issues raised by the delegations once their review is completed. At that point Council can decide if they are satisfied with staff’s response. Councillors raised the following issues to be addressed during the technical review by staff: · concern that not following density from 1992 OMB order; · need to look at cumulative impact of these subdivisions on the water supply; · recommend inventory for scenic vistas; · monitoring water levels pre and post development; · access and ingress/egress to developments; · new legislation; · regional growth management strategy; · address issues raised by delegations; · methods for peer reviews to mitigate perceived bias of consultant reports; · review of buffers in conjunction with GRCA; · consider naturalizing of watercourses; · positive and negative aspects in regards to the ESL; · review of broader transportation implications. 314691 Council - 4 - 06/09/27 It was noted that the staff reviews will not be completed for some time and this matter will not come back until early 2007. If a response is not brought forward in a timely matter the developer has the option of taking the matter to the OMB. Further discussion was held about M. Connolly’s motion and a suggestion was made that a notice of motion that could be brought forward to be triggered when the report comes to Council. M. Connolly stated he will bring a notice of motion next week. Rob Horne, Commissioner, Planning, Housing and Community Services stated staff will respond to the issues raised to the best extent that they can. He noted staff are completing and reviewing additional research. Mike Murray, Chief Administrative Officer reviewed the process and noted the new development of the road environmental assessment. He advised this project is not starting from scratch and staff have been involved for several years and will be building on the work already completed. MINUTES OF PREVIOUS MEETINGS MOVED by J. Wideman SECONDED by C. Zehr THAT the following Minutes be approved: a) Council – August 30, 2006 b) Planning & Works – September 19, 2006 c) Community Services – September 19, 2006 d) Administration & Finance – September 20, 2006 CARRIED MOVED by K. Denouden SECONDED by J. Mitchell THAT Council go into Committee of the Whole to consider reports. CARRIED FINANCE REPORTS a) F-06-061, T2006-127, 250 Strasburg Road Security Fence, City of Kitchener MOVED by J. Mitchell SECONDED by J. Haalboom THAT the Regional Municipality of Waterloo accept the tender of Ontario Parking Systems Limited for 250 Strasburg Road Security Fence, 250 Strasburg Road, Kitchener, Ontario at a total price of $117,319.74 including all applicable taxes. CARRIED 314691 Council - 5 - 06/09/27 COMMITTEE REPORTS Planning & Works The Summary of Recommendations of the Planning and Works Committee was presented by Jim Wideman, Chair of the Committee. J. Mitchell stated her appreciation for the extension of the trial period for the removal of the traffic control signals at Erb Street and Erbsville Court. MOVED by J. Wideman SECONDED by B. Strauss THAT the Summary of Recommendations of the Planning and Works Committee, dated September 19, 2006, Items 1 to 7, and 1 report from closed session, Item 8, be adopted as follows: The Planning and Works Committee recommends as follows: 1. THAT the Regional Municipality of Waterloo take no action regarding the request for the installation of traffic control signals at the intersection of Regional Road #6 (Highland Road) and Glasgow Street, in the City of Kitchener. AND THAT a review of the traffic light warrant for the intersection be completed by June 2008. 2. THAT the Regional Municipality of Waterloo approve the use of the Waterloo Landfill Site by the University of Waterloo for the purpose of establishing a technical scale demonstration facility for the processing of organic waste, with all subsequent required agreements subject to approval of the Commissioner of Transportation and Environmental Services and the Regional Solicitor.