HomeMy WebLinkAboutCouncil Minutes - 1998-08-17COU N CI L\1998-08-17
AUGUST 17, 1998
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 Ms. Dana Turner.
On motion by Councillor J. Ziegler, the minutes of the regular meeting held July 6, 1998 and special
meetings held July 6 and 15, and August 10, 1998, as mailed to the Mayor and Councillors, were
accepted.
COMMUNICATIONS REFERRED DIRECTLY TO FILE -
(a) Letter dated June 29, 1998 from John Manley, Minister of Industry, to Ms. Karen Redman,
M.P., concerning Canada's Automotive Policy.
(b)
Letter dated July 21, 1998, from James W. Knight, Executive Director, Federation of
Canadian Municipalities, to R.W. Pritchard, General Manager of Corporate Services & City
Clerk, with regard to Council's resolution on the Multilateral Agreement on Investment
(M.A.I.).
At the request of Mayor C. Zehr, those present observed a moment of silence in memory of Mark Andrew
Gage , age 12, and Constable David Rodney Nicholson, a 10 year veteran of the Waterloo Regional
Police Service. Mark Gage drowned while swimming at the Parkhill Dam, Cambridge, on August 12,
1998, and Constable Nicholson also drowned while attempting to recover the boy's body.
Mayor C. Zehr introduced Carolyn Vesely, the newly appointed Director of the K-W Art Gallery who was
in attendance this date and welcomed her to the community.
Mr. T. Clancy provided an overview of the Communities in Bloom Competition, noting that the City
recently hosted two national judges who reviewed in excess of 100 local initiatives. He thanked the
residents of Kitchener for their efforts in improving their properties.
Mr. T. Boutilier outlined the Business Awards component of the competition which was initiated this year
to recognize businesses making a significant contribution to the beauty and image of the City. He
advised that there were 50 nominations with awards in 4 separate categories.
Mayor C. Zehr and Councillor G. Lorentz presented awards to the property owners, the designer and the
maintenance firm as follows:
BUSINESS AWARDS PROGRAM
Larqe Commercial
675 Riverbend Drive - Fred Grespan (McCarter, Grespan, Robson, Beynon); Rob Hilton (Hilton-
Foster Limited); John Wright (Wright Lawn Care and Landscaping).
Small Commercial
600 King Street West - Mark MacSporran (McDonald's Restaurant); Paul Grobe (Grobe Nursery).
Industrial
33 Mclntyre Drive - Peter Waters (UKCAN Investments Inc.); Brian Blackmere (McKinnon &
Associates); Paul Grobe (Grobe Nursery).
Multi-Residential
2 Lancaster Street East - Barbara Cambranes (Waterloo Condominium Corporation #202); Paul
Weigel (S.P. Weigel & Kenwood Design); Frank Miller (Frank Miller Landscaping).
Mr. T. Clancy thanked the Business Awards Committee and sponsors.
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The individual Ward Councillors then presented plaques to the winners in their respective Wards, as
follows:
RESIDENTIAL AWARDS PROGRAM
Ward 1 (Centre Ward) - Donald and Sally Powell- 147 Krug Street;
Ward 2 (Rockway-Victoria Ward) - Ray and Nora Imbeau - 724 Rockway Drive;
Ward 3 (Bridgeport-North Ward) - Robert and Patricia Barnhart - 30 Sunbridge Crescent;
Ward 4 (Grand River Ward) -Jon and Marianne Guistini - 15 Oswega Court;
Ward 5 (Chicopee Ward) -Stan and Marilyn Psutka - 68 Dalewood Drive;
Ward 6 (Doon-Pioneer Ward) - John and Elaine Wilfong - 5 Mitierra Drive;
Ward 7 (Fairview Ward) - Councillor J. Ziegler accepted on behalf of Sidney and Doreen Townsend -
672 Hidden Valley Road;
Ward 8 (South Ward) -Andrew and Sharon Wiles- 12 Settler's Drive;
Ward 9 (Forest Ward) - Bruce and Barbara Rockel - 57 Trailview Drive;
Ward 10 (West Ward) - Nelli and Otto Fehlan - 58 Westwood Crescent.
CITY CHAMPION - RESIDENTIAL
Sydney and Doreen Townsend - 672 Hidden Valley Road. Councillor J. Ziegler accepted on
behalf of the Townsends who were unable to attend this date.
RUNNER-UP - RESIDENTIAL
Stan and Marilyn Psutka- 68 Dalewood Drive.
Mayor C. Zehr extended his congratulations to the winners in the Communities in Bloom competition and
extended his thanks to all participants and judges. Mr. T. Clancy thanked Council and senior staff for
their assistance and participation. Mr. Henning Gumme, Chair of the Communities in Bloom Committee,
thanked Mr. Clancy and the C.I.B. Committee members, judges and sponsors.
Mayor C. Zehr made a presentation to Mr. Tom Gray, Kitchener Transit Operator, in recognition of his
role in saving the life of a passenger on his bus who had suffered a heart attack. Mr. Gray received a
standing ovation from those in attendance.
Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the
tenders listed on the Committee of the Whole agenda of this date.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
"That Expression of Interest E98-042, Consultant Services - Structural Engineering Services - City
Facilities, be awarded to Totten Sims Hubicki Associates, Waterloo and Sze Straka Engineers
Limited, Waterloo at an approximate total fee of $15,000., plus G.S.T."
- and -
"That Tender T98-004, Slurry Seal Resurfacing, be awarded to Miller Paving Limited, Markham,
Ontario at their tendered price of $76,505., including G.S.T."
- and -
"That Tender T98-065, Gas Pipeline Construction, be awarded to BFC Utilities, Scarborough,
Ontario at their tendered price of $2,110,642.91 (including G.S.T. and P.S.T.) per year for a period
of two years."
- and -
"That Tender T98-063, Supply of Computer Workstations, be awarded to Amsdell Inc., Richmond
Hill, Ontario at their tendered price of $64,800. plus G.S.T. and P.S.T. for fifty workstations."
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- and -
"That Tender T98-060, Collator, be awarded to Louson-Desonite Inc., Don Mills, Ontario at their
tendered price of $99,367., plus G.S.T. and P.S.T."
Carried.
Ms. Sherry Currie, Gowling, Strathy and Henderson, appeared on behalf of Murray Frum and the Frum
Group in support of Clause #9 of the Planning and Economic Development Committee report of this date,
dealing with Zone Change Application 96/21/S/CL and Municipal Plan Amendment Application MP
96/06/S/CL - 245 Strasburg Road (former Bestpipe property). Ms. Currie advised that she supports the
deferral recommendation in order to allow further study by staff, and that her client maintains that the
application should be rejected based on previous reports and market studies. She further stated that her
client is of the opinion that consideration is premature at this time given the pending staff review of the
City's commercial hierarchy. She pointed out that existing commercial policies and hierarchy determine
where her client commits funds, and for this reason these should not be changed without adequate
review and public debate. She also suggested that the Bestpipe site application should not be
considered in isolation, but should be reviewed along with other applications such as that submitted by
Voisin Developments.
Mr. Stephen Grant appeared on behalf of D.G.F. Developments, owner of the Highland Park Shopping
Centre, and in support of the deferral as outlined in Clause #9 of the Planning and Economic
Development Committee report of this date.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause #9 of the Planning and Economic Development Committee report of this date be
adopted."
Councillor T. Galloway expressed his concern that the second application of Voisin Developments may
not have the same merits as the original application, and suggested that sufficient time should be taken to
study the submission more closely. He also pointed out that the proposed use is a new type of retailing,
the merits of which should be debated at length. Both Councillors Jake Smola and John Smola indicated
that they would not support a deferral and the latter pointed out that the initial application was made over
a year ago and that further delays are unfair to the applicant. Councillor Jake Smola inquired as to the
status of commercial assessment in Kitchener over the past 3 to 4 years and Mr. J. Gazzola advised that
the City has experienced a decline in this area over that period with a slight decline expected in 1998.
Councillor Jake Smola referred to lost revenue in the form of building permit fees and property taxes, the
latter which he estimated at approximately $700,000.00 to $900,000.00 per year. He also suggested that
a further delay is unfair to the applicant. Councillor J. Haalboom referred to declining assessment in the
Downtown, in part a result of the proliferation of strip malls. She pointed out that there are already a
number of healthy, small plazas and questioned how these would be impacted by an 80,000 square foot,
multi-faceted retail operation. She stressed the need for independent data on this type of development
proposal. Councillor M. Yantzi suggested that making a decision on community development based
solely on tax revenue is short sighted, and the longer term needs of the community should be more
carefully considered. Councillor T. Galloway noted that commercial assessment in Kitchener is a finite
amount, and stressed that commercial assessment in neighbouring malls and plazas would be lost if the
proposed development proceeds, and he suggested that a more appropriate location within the City
should be considered.
The motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, to adopt Clause #9 of the
Planning and Economic Development Committee report of this date was then dealt with, and a recorded
vote was requested.
In Favour:
Mayor C. Zehr, Councillors K. Taylor-Harrison,
M. Yantzi, B. Vrbanovic, J. Haalboom, J.
Ziegler, T. Galloway, G. Lorentz and C. Weylie.
Contra:
Councillors Jake Smola and John Smola.
Carried.
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Mr. Chris Eby, a taxi cab operator, appeared and requested that Council ask Regional Police Services to
keep taxi cab stands in the Downtown free of cars between 11:00 p.m. and 3:00 a.m. on Thursday, Friday
and Saturday, as well as on Wednesday nights at Stages. He advised that, at present, cabs are forced to
double park when these areas are occupied by other cars and this impedes the movement of emergency
vehicles and public transit.
Mayor C. Zehr noted that Mr. D. Snow plans to submit a comprehensive report on parking in the
Downtown at the September 14th Public Works and Transportation Committee meeting, and it was his
understanding that this would form part of that report. Councillor J. Ziegler indicated his support for the
request and suggested that initially a letter be forwarded to Regional Police asking them to enforce the
"no parking" law in regard to taxi cab stands in the Downtown. It was also suggested that tow-away
zones rather than ticketing may be more effective.
Mr. J. Shivas advised of legal issues involved in towing vehicles, and stressed the need for such a
procedure to be elaborated in by-law form. He requested an opportunity to review the request with Mr.
Snow and report at an early date. Councillor T. Galloway expressed concern with the approach
suggested by Councillor J. Ziegler, and Councillor K. Taylor-Harrison advised that she had spoken with
several Police Officers in the Downtown who suggested that the taxi cab stands are redundant and
should be removed.
Moved by Councillor J. Ziegler
Seconded by Councillor B. Vrbanovic
"That Kitchener Council request that the Waterloo Regional Police Service enforce the existing by-
law in regard to illegal parking in taxi cab stand areas in the Downtown; and further,
That staff be instructed to investigate, prepare a report and present a draft, amending by-law to
allow towing in the Downtown, for consideration at the September 14, 1998 Public Works and
Transportation Committee meeting."
Carried.
Mr. Paul Hill appeared on behalf of Chalon Estates and in support of Clause #6 of the Planning and
Economic Development Committee report of this date, dealing with Zone Change Application ZC
92/37/E/JW 'Carmel Church/Chalon Estates) and Subdivision Application 30T-92009.
Councillor J. Ziegler disclosed a pecuniary interest and abstained from all
concerning the above Zone Change and Subdivision Applications involving
Estates, as his parents live within the circulation area.
discussion and voting
Carmel Church/Chalon
Councillor J. Haalboom questioned Mr. Hill as to the measures planned for protecting the woodlot and the
buffer between the subdivision and existing residential properties. Mr. Hill responded that the main
method of preservation involves a conservation easement registered on title which prohibits cutting or
construction within the buffer zone, as well as implementation of a tree saving plan.
Mr. B. Stanley advised that staff had been directed to meet with two residents who expressed concern
over the impact of storm water on their properties. He advised that Dave Mansell and Martin Jones had
met with the residents and determined that their concerns will be adequately and fully addressed at the
detailed engineering stage and future meetings will be held in this regard.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause #6 of the Planning and Economic Development Committee report of this date be
adopted."
Carried.
Councillor J. Ziegler previously disclosed a pecuniary interest and abstained from all discussion and
voting concerning the above Zone Change and Subdivision Applications involving Carmel Church/Chalon
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Estates, as his parents live within the circulation area.
Ms. Svetlana Levant, Pride Signs Limited, appeared on behalf of Prime Restaurants and Famous Players
Theatres and in support of Committee of Adjustment Submission Nos. S 6/98 and S 7/98, listed as Clause
#9 on the Committee of the Whole agenda of this date.
A motion was put forward by Councillor B. Vrbanovic, seconded by Councillor M. Yantzi, to adopt Clause
#9 of the Committee of the Whole agenda of this date.
Councillor J. Ziegler noted that currently, painted signs on buildings are prohibited, and that he does not
support allowing exemptions until the by-law is amended accordingly. He also noted that approval of
painted signs in regard to this application would seem to suggest that the City feels only high profile
businesses can ensure that painted signs are appropriately maintained. Councillor Ziegler further
advised that he objects, in principle, to any approval at this time as the City has turned down similar
requests in the past. Councillor J. Haalboom advised that she cannot support Submission No. S 6/98
(Prime Restaurants) on the basis that the City has recently turned down a similar request involving a
Downtown property. She advised that she cannot support Submission No. S 7/98 (Famous Players) as
two large signs are involved, which have been erected prior to any decision by Council. She also noted
that a nearby Chapters Bookstore has tailored its signage to conform with the City's Sign By-law.
Similarly, Councillor Haalboom advised that she cannot support Submission No. S 8/98 (Shell Canada
Products Limited) on the basis that the City already has numerous Shell signs and additional ones are not
needed.
Councillor B. Vrbanovic questioned whether granting an exemption to Prime Restaurants at this time
opens up the entire issue of painted murals on buildings elsewhere in the City and would, in fact, require
Council to approve other similar requests. Mr. J. Shivas responded that the submission before Council
this date has some similarity to an earlier request regarding a Downtown mural; however, he would view
these as unrelated as the Prime Restaurants request does not involve third party advertising. Councillor
T. Galloway advised that he supports the Prime Restaurants submission, and would prefer that the City
go through an exemption process as opposed to amending the current by-law. He suggested that
painted signs should be judged based on their individual locations and context.
Council agreed to deal with each of the submissions outlined in Clause #9 of the Committee of the Whole
agenda separately, and recorded votes were requested.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Yantzi
"That the July 28, 1998 decision of the Committee of Adjustment sitting as a Standing Committee
of City Council recommending approval of Submission No. S 6/98 - Prime Restaurants, 135
Gateway Park Drive, Kitchener, be ratified and confirmed."
In Favour:
Mayor C. Zehr, Councillors John Smola, Jake
Smola, B. Vrbanovic, T. Galloway and G.
Lorentz.
Contra:
Councillors J. Haalboom, C. Weylie, K. Taylor-
Harrison, J. Ziegler and M. Yantzi.
Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Yantzi
"That the July 28, 1998 decision of the Committee of Adjustment sitting as a Standing Committee
of City Council recommending approval of Submission No. S 7/98 - Famous Players, 135 Gateway
Park Drive, Kitchener, be ratified and confirmed."
In Favour:
Mayor C. Zehr, Councillors John Smola, Jake
Smola, B. Vrbanovic, J. Ziegler, T. Galloway,
G. Lorentz and C. Weylie.
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Contra:
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Yantzi
Councillors J.
and M. Yantzi.
Haalboom,
K. Taylor-Harrison
Carried.
"That the July 28, 1998 decision of the Committee of Adjustment sitting as a Standing Committee
of City Council recommending approval of Submission No. S 8/98 - Shell Canada Products
Limited, 4574 King Street East, Kitchener, be ratified and confirmed."
In Favour:
Mayor C. Zehr, Councillors Jake Smola, John
Smola and B. Vrbanovic.
Contra:
Councillors K. Taylor-Harrison, M. Yantzi, J.
Haalboom, J. Ziegler, T. Galloway, G. Lorentz
and C. Weylie.
Motion Lost.
Moved by Councillor G. Lorentz
Seconded by Councillor C. Weylie
"That we refuse Committee of Adjustment Submission No. S 8/98 - Shell Canada Products
Limited, 4574 King Street East, Kitchener."
Carried.
Ms. Alida Burrett appeared on behalf of the Citizens Advisory Committee on Air Quality and in support of
the report of C. Ford, Environmental Engineer, dated August 14, 1998 which recommends endorsement
of the Committee and authorizes Council and staff participation.
Moved by Councillor Jake Smola
Seconded by Councillor T. Galloway
"That the City of Kitchener endorse the Citizens Advisory Committee on Air Quality, and that the
Chair of the Environmental Committee and the City's Environmental Engineer participate on behalf
of the City."
Carried.
Mr. Martin Wasilka appeared in regard to the recent ruling of the Ontario Municipal Board (O.M.B.)
concerning the City's Duplexing By-law.
Council was in receipt this date of a report from L. MacDonald, Assistant City Solicitor, dated August 17,
1998, recommending that the City request a review of the July 20, 1998 O.M.B. Decision.
Mr. Wasilka asked that, in the event the City's appeal is denied, there be no action to change the
Municipal Plan in order to circumvent the decision. Councillor M. Yantzi indicated that if the present
ruling is upheld, it will have implications in other areas of municipal planning.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
"That the Legal Department immediately submit a letter requesting a review of the Ontario
Municipal Board Decision issued by the Board on July 20, 1998 as Decision No. 1818
pertaining to City of Kitchener Zoning By-law 96-153 and seek a stay of the original
decision pending the outcome of the review; and further,
That staff from the Legal and Business and Planning Services Departments prepare and
submit, as soon as possible, the necessary documentation and affidavits to complete the
application."
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Councillor J. Ziegler commented that both staff and Council disagree with the O.M.B. ruling and feel that
a mistake was made in interpreting the City's Municipal Plan. Councillor T. Galloway asked staff to
elaborate as to why they are recommending an appeal as opposed to changing the Municipal Plan, and
Mr. B. Stanley responded that staff feel it is clear that the Plan was not interpreted correctly and that the
Decision contains incorrect statements concerning planning policies. He suggested that the Municipal
Plan is not the problem, but rather the O.M.B.'s interpretation and this suggests that an appeal is
necessary. Mr. Stanley added that the Municipal Plan indicates duplexing is permitted in every
residential district but is not required in every residential district, and as a result, the O.M.B. interpretation
can have a negative impact on other unrelated aspects of the Plan. He advised that the Business and
Planning Services Department fully supports the position of the Legal Department in this regard. In
response to a further question, Mr. J. Shivas advised that, subsequent to in-camera discussion of this
issue, discussion took place with O.M.B. representatives concerning their practice direction, and it is now
understood that the process is open to other persons wishing to bring forward appeals and have their
positions heard at a re-hearing
Councillor T. Galloway indicated his support for the staff recommendation as the most expedient and
appropriate response. He noted that the Interim Order of the O.M.B. Chair disallowed duplexing any-
where in the City and that this is entirely at odds with the subsequent Decision which allows duplexing
everywhere in the City. Councillor K. Taylor-Harrison advised that she supports duplexing throughout the
City and commended the Wasilkas for bringing the matter before the O.M.B.
The motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, directing staff to lodge an appeal
of the O.M.B. Decision was voted on and Carried.
Mr. Larry Bernier appeared as the owner of 102 Weber Street East and in regard to the Property
Standards/Lot Maintenance By-law listed as Clause 10 (I) on the Council agenda of this date. He asked
that Council deny staff access to the property for the purpose of correcting lot maintenance and property
standards deficiencies as he is at present disputing the City's charges and the Courts have yet to hand
down a ruling.
Moved by Councillor C. Weylie
Seconded by Councillor G. Lorentz
"That three readings be given this date to the Property Standards/Lot Maintenance By-law in
respect to 102 Weber Street East listed as Clause #10 (I) on the Council agenda of this date."
Carried.
Mr. Derwyn Stilling appeared on behalf of the 20/20 Group and in regard to the proposed demolition of
237 Frederick Street. He expressed concern over the present state of a number of the properties along
Frederick Street near Lancaster Street, and advised that he has seen landscaping companies dumping
waste in the yard of one of these properties. Mr. Stilling also advised that plans are underway to rebuild
on the site of 237 Frederick Street in the event it is demolished. He asked that Council take action to
improve the appearance of the Frederick Street properties.
Mayor C. Zehr advised Mr. Stilling to contact his office immediately if further illegal dumping on the
Frederick Street sites occurs.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That three readings be given this date to the Property Standards/Lot Maintenance By-laws in
respect to 209, 219-221 and 223 Frederick Street listed as Clauses #10 (s), (t) and (u) of the
Council agenda of this date."
Carried.
Councillor J. Haalboom advised that the issue of the demolition of 237 Frederick Street has been raised
at Heritage Kitchener and the Committee is presently investigating the heritage value of the property.
Councillor T. Galloway suggested that Heritage Kitchener may recommend designation of the property in
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the event of a demolition application.
Ms. Angi Orchard and several other unnamed individuals appeared on behalf of the K-W Youth Collective
and their proposal for a Youth Drop-In Centre in the Downtown. The written proposal was circulated to
members of Council this date.
The group argued that there is the need for a 24 hour Drop-In Centre where youth can congregate free of
harassment and which would have a positive atmosphere, Internet access, library facilities, as well as
food and refreshment. Comments were made that it is not expected such a Drop-In Centre will be
created immediately, nor that the City will entirely fund the project as the Collective is prepared to raise
funds and apply for grants. The group requested that the City work with the Youth Collective in regard to
this project.
Councillor B. Vrbanovic inquired why it is not possible to use existing Youth/Community Centres for this
purpose, and one of the group responded that the difference would be that the proposed Centre would be
run by youth and for youth. It was also noted that some Centres are not open at night which leaves many
youths with nowhere to go after closing time. Councillor J. Ziegler suggested greater youth involvement
in running the existing Centres, and one of the group responded that many of the existing Centres are
under the control of older people and counselling is forced on youth who are using these facilities.
Councillor Ziegler pointed out that the current legal structure requires adult involvement in the operation
of these facilities, and suggested that it may be possible to designate a portion of an existing facility for
the purpose proposed. Councillor Ziegler also questioned the ongoing viability of the proposal from a
cost perspective.
Moved by Councillor K. Taylor-Harrison
Seconded by Councillor B. Vrbanovic
"That the proposal of the K-W Youth Collective for a Downtown Drop-In Centre be referred to both
the Youth Issues Sub-Committee of the Safe City Committee and the Mayor's Advisory Committee
on Youth for review and to work with the group, and that a report be submitted to the City's
Finance and Administration Committee at a later date."
Carried.
Mayor C. Zehr asked that the Collective be advised of the meeting dates for both of the above
Committees, and asked that names and telephone numbers be left with the Council Page.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That the report of the Planning and Economic Development Committee of this date be adopted."
Councillor C. Weylie drew the Committee's attention to the written submission from Mr. Wayne Dyermond
of O.W. Sports in regard to the Zone Change Application listed as Clause #7 on the Planning and
Economic Development Committee report. The submission requests a deferral to allow for further review.
It was noted that, if agreed to, the deferral should pertain only to Clause #9 of the associated Conformity
By-law dealing with sporting goods retail. Mr. B. Stanley added that the Committee recommendation
deals with outstanding temporary occupancies, and a number of these existing businesses are anxious
that this provision be adopted. He advised that the comments of Mr. Dyermond were received by the
Business and Planning Services Department late Friday and there has been no opportunity to contact the
affected property owners.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause #7 of the Planning and Economic Development Committee report of this date be
amended so as to defer those components of the Zone Change relative to the additional sale of
sporting goods; and further,
That in addition, Clause #9 of the Conformity By-law, listed on the agenda as By-law No. 98-108,
be removed and the remainder of the By-law be given three readings this date."
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Carried.
Councillor G. Lorentz requested that Clause #4, dealing with a Business and Planning Services staff
report on the accessory structure at 10 Homestead Place, be dealt with separately and that the vote be
recorded. Councillor Lorentz commented that residents feel the City has let them down and that it is
necessary to deal with the situation as soon as possible. Councillor Lorentz asked that if similar
applications are submitted in future, they be brought to Council's attention when received.
The Planning and Economic Development Committee report was then voted on clause by clause.
Clause #4 - Carried, on a recorded vote.
In Favour:
Mayor C. Zehr, Councillors M.
Yantzi, John Smola, Jake
Smola, B. Vrbanovic, T.
Galloway, G. Lorentz and C.
Weylie.
Contra: Councillors J. Ziegler and J.
Haalboom.
Councillor K. Taylor-Harrison was absent during the vc
Clause #6 - Dealt with under delegations and Carried.
Clause #7 - Carried, As Amended.
Clause #9 -
Dealt with under delegations and Carried, on a
recorded vote.
Balance of Report - Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the Community Services Committee report of this date be adopted."
Councillor J. Ziegler asked that Clauses #5 and #7 be dealt with separately. He noted that in regard to
Clause #5, though he agrees with the purchase of the machinery offered by Ontario Hydro, he does not
agree with including a $10,000.00 allocation for acquisition purposes in each budget year. He also
advised that, in regard to Clause #7, he does not agree that the Bullas Statuary is worth $10,000.00 to
the citizens of Kitchener.
Mr. T. Clancy noted that staff were asked to contact the Kitchener Downtown Business Association for
their input on the vending activities proposed in Victoria Park in Clause #1 of the Community Services
Committee report; however, as the Executive Director was absent, this could not be done. He pointed out
that Mrs. J. Koppeser, Manager of Licensing, felt that if the performance took place on more than one or
two days, a vendor license is required.
Councillor T. Galloway noted that the public art to be commissioned for the new Country Hills Community
Centre will involve the efforts of approximately 400 children in the Country Hills area who will create 400
ceramic wings for the work of art. He also commented that, in regard to Clause #5 and the $10,000.00
annual allocation for the acquisition of industrial artifacts, he supports including this amount in the pro
forma budget and debating the merits at budget time. Councillor J. Ziegler cautioned that increases in
City expenditures are usually the result of approving small dollar amounts, with these increasing over
time.
Councillor J. Ziegler requested that Clause #5 of the Community Services Committee report of this date
be dealt with in two parts, the recommendation proper and the $10,000.00 annual acquisition allocation.
Councillor M. Yantzi pointed out that it was his understanding that at the Committee the reference in
COUNCIL MINUTES
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CITY OF KITCHENER
Clause #5 to the pro forma budget specified the Capital portion of the budget. He also asked that Clause
#4 dealing with event use of the Clock Tower Commons include circulation to area residents.
The report of the Community Services Committee of this date was then voted on clause by clause.
Clauses #4 & #5 - Carried, As Amended.
Clause #7 - Carried.
Balance of Report - Carried.
Mayor C. Zehr noted that Mr. Andrew Ellis was in attendance this date concerning Committee of
Adjustment Submission No. F 7/98 listed as Clause #9 on the Committee of the Whole agenda of this
date.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
"That the July 28, 1998 decision of the Committee of Adjustment sitting as a Standing Committee
of City Council recommending approval of Submission No. F 7/98 - Andrew Ellis, 217 General
Drive, Kitchener, be ratified and confirmed."
Carried.
Moved by Councillor Jake Smola
Seconded by Councillor T. Galloway
"That the report of the Environmental Committee of this date be adopted."
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That the report of the Finance and Administration Committee of this date be adopted."
Carried.
Moved by Councillor John Smola
Seconded by Councillor B. Vrbanovic
"That report of the Public Works and Transportation Committee of this date be adopted."
Councillor C. Weylie asked that Clause #7 be amended to reflect what she understood to be the intent of
the recommendation; namely, that the City endorse the positions of the Canadian Urban Transit
Association and the Federation of Canadian Municipalities in regard to a tax exemption for employer
provided transit passes, and that reference to circulating the resolution to the F.C.M. be deleted.
The Public Works and Transportation Committee report of this date was then voted on clause by clause.
Clause #7 - Carried, As Amended.
Balance of Report - Carried.
Councillor G. Lorentz referred to open houses planned for residents who wish to comment on
improvements leading to more direct access to the Downtown from the west side of the City. Councillor
Lorentz also referred to the installation of a cellular phone tower on Driftwood Drive behind the plaza
utilizing the existing hydro structure. He questioned the need to construct separate cellular towers given
the currently available Ontario Hydro infrastructure and suggested that it is important to involve the
Province in discussion so that they are aware of the cell tower technology and its possible combination
with hydro towers. Councillor Lorentz also requested an update from Enforcement staff on the postering
AUGUST 17, 1998
COUNCIL MINUTES
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CITY OF KITCHENER
initiative involving a summer student hired to remove these from hydro poles throughout the City. He
specifically questioned whether this position has resulted in poster removal and charges being laid, and a
staff report was requested for the September 14, 1998 Finance and Administration Committee meeting.
Councillor G. Lorentz suggested there is need for debate on how transit services will be provided over the
next 2 to 5 years given the absence of Provincial subsidies. Mr. E. Kovacs advised that by the October
meeting two reports will be submitted to the Public Works and Transportation Committee, the first a
Divisional level strategic report and a second report dealing with service levels, unserviced areas of the
City and related options in regard to the transit service. He indicated that the latter will include financial
and performance elements. Councillor J. Ziegler noted that Councillor Lorentz is referring to a major re-
evaluation of the service since it is presently structured under Provincial guidelines necessary for
receiving grant subsidies which no longer exist. He suggested that the reports referred to by Mr. Kovacs
may be a first step in this direction. Councillor Ziegler suggested that on September 14th a schedule for a
further round of transit related meetings could be discussed, and Councillor John Smola suggested that a
separate night meeting would be required in this regard.
Councillor G. Lorentz requested a staff report for discussion during the Capital budget review concerning
the present situation and proposed remedial work involving the Sandrock Greenway. Mr. Kovacs advised
that on September 14th, staff will submit a report recommending a full inventory and analysis of City
watercourses.
Councillor J. Haalboom referred to unsafe traffic conditions at the intersection of Pioneer Drive and
Homer Watson Boulevard, in part due to drivers ignoring red lights. She asked that Council direct staff to
report on the possible use of red light surveillance cameras, as this technology is available and in use by
other municipalities. She asked that the report be submitted for consideration by the Public Works and
Transportation Committee at a late September or early October meeting. Councillor T. Galloway advised
that he supports this initiative; however, the Region is already looking into this along with a request that
the Province change its regulations in this regard. Councillor J. Ziegler noted that the technology
requires driver identification and that the cameras are very expensive to install and operate. Mayor C.
Zehr asked that Mr. Kovacs ensure that City staff work with the Region in this regard and that an
information report be provided at a future date.
Councillor B. Vrbanovic referred to the recent drowning incident at the Parkhill Dam in Cambridge, and
asked that the Parks and Recreation Department ensure that the appropriate signage is still in place at all
public watercourses.
Council acceded to the request of Mr. L. Neil to add two additional by-laws for three readings this date
involving amendments to the Municipal Code in regard to staff appointments. He also reminded Council
that the Conformity By-law listed as Clause #10 (g) of the agenda was amended this date in conjunction
with the deferral request involving additional sale of sporting goods.
Moved by Councillor B. Vrbanovic
Seconded by Councillor C. Weylie
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code regarding
Site Plan Control
(b)
A by-law to amend By-law 97-185 to delegate certain authority under The Planning Act,
R.S.O. 1990, c.P.13
(c)
Being a by-law to provide for the widening of part of Mill Street as a public highway in the
City of Kitchener
(d)
Being a by-law provide for the establishing and laying out of part of Eastforest Trail as a
public highway in the City of Kitchener
(e)
Being a by-law to exempt certain lots from Part Lot Control - Lot 329, Registered Plan 1426
- Timberlane Crescent
COUNCIL MINUTES
AUGUST 17, 1998
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CITY OF KITCHENER
(f)
Being a by-law to amend By-law 85-1, known as the Zoning By-law - Dr. V.B. Rao - 890
King Street West - No.94/06/K/CL
(g)
Being a by-law to amend By-law 85-1, known as the Zoning By-law - City Initiated
Conformity By-law - No.97/19/TC/JG
6. (Cont'd)
(h)
Being a by-law to adopt Amendment No.17 to the Municipal Plan - McLean-Peister Ltd. -
3355 King Street East- No.97/16/K/JG
(i)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - McLean-Peister Ltd. - 3355 King Street East - No.97/42/K/JG
(j) Being a by-law to repeal By-law Number 97-143 which is an interim control by-law
(k) To confirm all actions and proceedings of the Council
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 650 and Chapter
665 of The City of Kitchener of Municipal Code with respect to the property municipally
known as 102 Weber Street East, Kitchener.
(m)
Being a by-law to authorize the carrying out of the ~rovislons of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 221 Lancaster
Street East, Kitchener.
(n)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 650 and Chapter
665 of The City of Kitchener of Municipal Code with respect to the property municipally
known as 225 Lancaster Street East, Kitchener.
(o)
Being a by-law to authorize the carrying out of the ~rovis~ons of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 229 Lancaster
Street East, Kitchener.
(P)
Being a by-law to authorize the carrying out of the ~rovis~ons of Chapter 665 of The City of
Kitchener of Municipal Code with respect to the property municipally known as 33 Yellow
Birch Drive, Kitchener.
(q)
Being a by-law to authorize the carrying out of the ~rovis~ons of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 70 Borden
Avenue South, Kitchener.
(r)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 650 and Chapter
665 of The City of Kitchener Municipal Code with respect to the property municipally known
as 18 Bingeman Street, Kitchener.
(s)
Being a by-law to authorize the carrying out of the ~rovis~ons of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 209 Frederick
Street, Kitchener.
(t)
Being a by-law to authorize the carrying out of the ~rovis~ons of Chapter 650 of The City of
Kitchener of Municipal Code with respect to the property municipally known as 219-221
Frederick Street, Kitchener.
(u)
Being a by-law to authorize the carrying out of the ~rovis~ons of Chapter 650 of The City of
Kitchener of Municipal Code with respect to the property municipally known as 223
Frederick Street, Kitchener.
(v)
Being a by-law to authorize the carrying out of the ~rovis~ons of Chapter 650 of The City of
Kitchener of Municipal Code with respect to the property municipally known as 151
Lancaster Street East, Kitchener.
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CITY OF KITCHENER
(w)
(x)
(Cont'd)
(Y)
Being a by-law to amend Chapter 586 of The City of Kitchener Municipal Code regarding
Refreshment Vehicles
Being a by-law to amend By-law 96-140 which exempts Lots 1 to 12 inclusive, Lots 14 and
15, and Blocks 13, 16 and 21 to 25 inclusive on Plan 58M-1 from part lot control -
Highbrook Street, Highbrook Crescent and Highbrook Court
(z)
Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding
Appointment - Staff Provincial Offences Act
Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding
By-law Enforcement
and that the same be taken as read a first time and stand referred to the Committee of the Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
C. Zehr appointed Councillor J. Ziegler as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of
the Committee of the Whole held this date, as attached hereto and forming part of these minutes,
are hereby adopted and confirmed."
Moved by Councillor B. Vrbanovic
Seconded by Councillor C. Weylie
"That the by-laws listed on the agenda for third reading, namely:
a)
(b)
(c)
(d)
(e)
Carried.
Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code regarding
Site Plan Control
(By-law No.98-102)
A by-law to amend By-law 97-185 to delegate certain authority under The Planning Act,
R.S.O. 1990, c.P.13
(By-law No.98-103)
Being a by-law to provide for the widening of part of Mill Street as a public highway in the
City of Kitchener
(By-law No.98-104)
Being a by-law provide for the establishing and laying out of part of Eastforest Trail as a
public highway in the City of Kitchener
(By-law No.98-105)
Being a by-law to exempt certain lots from Part Lot Control - Lot 329, Registered Plan 1426
- Timberlane Crescent
AUGUST 17, 1998
COUNCIL MINUTES
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CITY OF KITCHENER
(f)
(Cont'd)
(g)
(h)
(i)
(J)
(k)
(m)
(n)
(o)
(P)
(By-law No.98-106)
Being a by-law to amend By-law 85-1, known as the Zoning By-law - Dr. V.B. Rao - 890
King Street West - No.94/06/K/CL
(By-law No.98-107)
Being a by-law to amend By-law 85-1,
Conformity By-law - No.97/19/TC/JG
known as the Zoning By-law- City Initiated
(By-law No.98-108)
Being a by-law to adopt Amendment No.17 to the Municipal Plan - McLean-Peister Ltd. -
3355 King Street East- No.97/16/K/JG
(By-law No.98-109)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - McLean-Peister Ltd. - 3355 King Street East - No.97/42/K/JG
(By-law No.98-110)
Being a by-law to repeal By-law Number 97-143 which is an interim control by-law
To confirm all actions and proceedings of the Council
(By-law No.98-111 )
(By-law No.98-112)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 and Chapter
665 of The City of Kitchener of Municipal Code with respect to the property municipally
known as 102 Weber Street East, Kitchener.
(By-law No.98-113)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 221 Lancaster
Street East, Kitchener.
(By-law No.98-114)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 and Chapter
665 of The City of Kitchener of Municipal Code with respect to the property municipally
known as 225 Lancaster Street East, Kitchener.
(By-law No.98-115)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 229 Lancaster
Street East, Kitchener.
(By-law No.98-116)
Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of
Kitchener of Municipal Code with respect to the property municipally known as 33 Yellow
Birch Drive, Kitchener.
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AUGUST 17, 1998
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CITY OF KITCHENER
(By-law No.98-117)
(q)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 70 Borden
Avenue South, Kitchener.
(By-law No.98-118)
8. (Cont'd)
(r)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 and Chapter
665 of The City of Kitchener Municipal Code with respect to the property municipally known
as 18 Bingeman Street, Kitchener.
(By-law No.98-119)
(s)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 209 Frederick
Street, Kitchener.
(By-law No.98-120)
(t)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of
Kitchener of Municipal Code with respect to the property municipally known as 219-221
Frederick Street, Kitchener.
(By-law No.98-121 )
(u)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of
Kitchener of Municipal Code with respect to the property municipally known as 223
Frederick Street, Kitchener.
(By-law No.98-122)
(v)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of
Kitchener of Municipal Code with respect to the property municipally known as 151
Lancaster Street East, Kitchener.
(By-law No.98-123)
(w)
Being a by-law to amend Chapter 586 of The City of Kitchener Municipal Code regarding
Refreshment Vehicles
(By-law No.98-124)
(x)
Being a by-law to amend By-law 96-140 which exempts Lots 1 to 12 inclusive, Lots 14 and
15, and Blocks 13, 16 and 21 to 25 inclusive on Plan 58M-1 from part lot control -
Highbrook Street, Highbrook Crescent and Highbrook Court
(By-law No.98-125)
(Y)
Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding
Appointment - Staff Provincial Offences Act
(By-law No.98-126)
(z)
Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding
By-law Enforcement
AUGUST 17, 1998
COUNCIL MINUTES
- 494-
CITY OF KITCHENER
be taken as read a third time, be finally passed and numbered serially by the Clerk."
On motion, the meeting adjourned.
(By-law No.98-127)
Carried.
MAYOR CLERK
COUNCIL MINUTES
AUGUST 17, 1998
- 494 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE -
That Demolition Control Application DC 98/6/B/RM (Anne Moriarty) requesting approval for the demolition
of a single detached dwelling located at 272 Breithaupt Street legally described as Lot 184 and
Part Lot 185, Registered Plan 376 be approved.
It is the opinion of this Committee that approval of this application is proper planning for the City.
2
That Bylaw 97-143, being an Interim Control Bylaw pursuant to Section 38 of the Planning Act, be
repealed; and further,
That the Report of the Planning and Development Department "Permanent Charity Gaming Clubs", dated
May 1, 1998 be received; and further,
That no further action be taken at this time regarding the question of locating Charity Gaming Clubs within
the jurisdiction of the City of Kitchener.
That, subject to Regional Council giving pre-budget approval to the construction of the Fischer-
Hallman Road extension in 1999, the Department of Business and Planning Services be directed
to process a modification to Draft Plan of Subdivision 30T-95015 (Laurentian Forest - Stage 3),
through Assistant General Manager's approval, to revise existing Condition 53 of the City's Draft
Approval to permit the registration of Stages 2 through 13 inclusive, upon the Regional
Municipality of Waterloo being in receipt of funds in an amount equal to the non-growth related
component of the Fischer-Hallman Road ExtensionANestmount Road Re-alignment.
That Business and Planning Services Staff Report PD 98/103 (report on accessory structure at 10
Homestead Place and regulations concerning accessory buildings in residential areas), be
received; and further,
That staff be directed to review existing regulations in the Zoning By-law, explore alternatives that
would not permit such structures in residential subdivisions and present options in this regard to
the Planning and Economic Development Committee.
(Carried, on a recorded vote.)
That City Council approve the attached Municipal Plan Amendment Application
MP97/16/K/JG (McLean-Peister Limited - 3355 King Street East) being an amendment to
the Municipal Plan to amend Map 5, Land Use Plan, to redesignate lands from High Rise
Residential to Medium Rise Residential, as shown on Schedule "A" attached to the report.
It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is
proper planning for the City.
That Zone Change Application ZC 97/42/K/JG (McLean Peister Limited) requesting a
change in zoning from Residential Nine Zone (R-9) with special regulation provision 169 to
Residential Eight Zone (R-8) with special regulation provisions 169 and 289, on lands
legally described as Lots 8, 9 and 10, Municipal Compiled Plan and Lots 45 and 46,
Municipal Compiled Plan 986, be approved in the form shown in the "Proposed By-law"
attached, dated July 3, 1998, 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 recommended Amendment (McLean-Peister Limited -
3355 King Street East) to the City's Municipal Plan.
COUNCIL MINUTES
AUGUST 17, 1998
- 425-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. A.
That Zone Change Application ZC 92/37/E/JW (Carmel Church/Chalon Estates) requesting
a change in zoning from Township Residential Zone (Twp. R) according to By-law 878A, to
Residential Three Zone (R-3) with special use provision 260U, Neighbourhood Institutional
Zone (I-1) with special regulation 93R, and Hazard Land Zone (P-3), according to By-law
85-1, on Part of Block 'A', Registered Plan 1123 and Part of Lots 5 and 8, Biehn's Tract, be
approved in the form shown in the attached Proposed By-law dated July 20, 1998, subject
to the conditions contained in recommendation (C) below.
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, in accordance with Council's resolution of July 7, 1997, the request of Chalon
Estates/Carmel Church for an exemption from Policy 1-652 be granted to allow a single-
access street having a length of 430m without an emergency access within Plan 30T-
92009.
That Subdivision Application 30T-92009 (Carmel Church/Chalon Estates) be
recommended to the Regional Municipality of Waterloo for draft approval subject to the
following conditions:
That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached Plan of
Subdivision, and the following special conditions shall be written therein.
The Subdivider covenants and agrees:
51.
That the final plan for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated June 18, 1998, providing that minor changes to said
plan, acceptable to the General Manager of Building and Planning Services and not
affecting the numbering of lots or blocks may be permitted without an amendment to this
agreement.
52.
To prepare a Grading Control Plan to the satisfaction of the City's General Manager of
Public Works in consultation with the City's General Manager of Parks and Recreation, the
Regional Municipality of Waterloo, and the Grand River Conservation Authority, prior to any
grading or construction on site and prior to registration of the Plan.
53.
That the lot grading plans required by Clause 37(c) shall include dry wells for storm water
infiltration on Lots 1 to 6 inclusive and 12 to 17 inclusive.
54. That Lots 1, 8 and 9 shall be subject to the following requirements:
(i)
Prior to the issuance of any building permits, grading plans, showing french drains
for the purpose of intercepting groundwater discharge, shall be submitted to the
satisfaction of the City's Chief Building Official;
(ii)
Prior to the transfer of title to the first time occupants of each lot the subdivider shall
ensure that such drains shall be installed in accordance with the said plans;
The lot owners shall be responsible for the ongoing maintenance of such drains, to
the satisfaction of the City's Chief Building Official.
55.
To prepare a detailed engineering design for storm water management in accordance with
the Strasburg Creek Master Watershed Plan (as amended), to the satisfaction of the City's
General Manager of Public Works in consultation with the City's General Manager of Parks
and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation
Authority, prior to any grading or construction on the site and prior to registration of the
AUGUST 17, 1998
COUNCIL MINUTES
- 426-
REPORTS ADOPTED BY COUNCIL
CITY OF KITCHENER
plan. Said engineering design shall include an erosion and siltation control plan indicating
the means whereby erosion will be minimized and silt maintained on site throughout all
AUGUST 17, 1998
COUNCIL MINUTES
- 427-
REPORTS ADOPTED BY COUNCIL
CITY OF KITCHENER
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
phases of grading and construction. The Subdivider further agrees to
required measures as outlined in the said final design.
implement all
56.
That the subdivision sign required by clause 41 include information regarding the walk
distance to the nearest transit route.
57.
To construct Evenstone Court across a 16.0 metre wide portion of Block B, Registered Plan
1284, as part of the servicing of this Plan of Subdivision. After the said road is constructed
to the satisfaction of the City's General Manager of Public Works, assumed by the City and
is open to traffic, the City shall open the road by by-law. The required reference plan shall
be prepared at the Subdivider's cost.
58.
As a result of the City's interest in maintaining adequate undisrupted water circulation
through the City's watermains to service this subdivision, no building permits will be issued
until the watermain has been extended from its present terminus along the extension of
Strasburg Road within the Hallman-Aberdeen lands under Subdivision Application 30T-
88007 to Biehn Drive, and the watermain is fully operational to the satisfaction to the
General Manager of Public Works, or an alternate arrangement is approved in writing by
the City's General Manager of Public Works.
59.
That Block 19 shall be conveyed to the property owners of Block B, Registered Plan 1123,
for the purpose of a lot consolidation, immediately subsequent to the registration of the plan
of subdivision, and that Block 19 shall only be used as a lot consolidation with Block B,
Registered Plan 1123. The Subdivider shall provide a signed 'Offer of Acceptance' from
the owners of said Block B prior to registration of the plan.
60.
That measures to maintain slope stability on Block 19 shall be implemented to the
satisfaction of the Chief Building Official, prior to the issuance of building permits on Lots 1,
2, 3or6.
61.
To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land
for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said
contribution shall be equivalent to 5% of the land being subdivided, being 0.283 hectares of
land, with said value and contribution being determined as of the day before the day of draft
approval and paid immediately prior to the registration of the subdivision.
62.
To install to the satisfaction of the City's General Manager of Parks and Recreation a
boundary identification system along the rear lot lines of Lots 15 to 18 inclusive, which abut
Environmentally Sensitive Policy Area #30 (Strasburg Floodplain Forest), prior to
occupancy of dwellings on affected lots. The Subdivider further agrees to include a
statement advising of the marking system requirement in all Offers to Purchase and
Agreements of Purchase and Sale for the Lots affected by this Section.
63.
To convey to the City of Kitchener Block 18 for hazard land/storm water management
purposes, at no cost and free of encumbrance, concurrently with registration of the
subdivision plan.
64.
That in consideration of the wooded character of the subdivision lands and the City's desire
to minimize the impact of development on treed areas worth retaining, the Subdivider
agrees to comply with the following process in the development of the subdivision in
accordance with the City's approved Tree Management Policy:
a)
prior to the City releasing the Subdivision Plan for registration, the Subdivider shall
submit the detailed vegetation plan for the approval of the City's General Manager of
Building and Planning Services.
AUGUST 17, 1998
COUNCIL MINUTES
- 428-
REPORTS ADOPTED BY COUNCIL
CITY OF KITCHENER
that no area/rough grading shall occur on the lands until such time as all approved
measures for protection of isolated trees, tree clusters and woodlands affected by
AUGUST 17, 1998
COUNCIL MINUTES
- 429-
REPORTS ADOPTED BY COUNCIL
CITY OF KITCHENER
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
Cont'd
such grading have been satisfactorily implemented, and inspected by the City and
the Subdivider has received a written authorization from the City's General Manager
of Public Works to proceed with said grading.
c)
to implement and be responsible for providing all information contained in the
approved detailed vegetation plan, tree preservation/enhancement plan (if
applicable), to all of its heirs, executors, administrators, successors and assigns in
order to ensure that the requirements outlined in said plan(s) are carried out as
specified.
d)
a tree preservation/enhancement plan will be required prior to applying for or having
issued any building permits for those lots or blocks which are subject to site
plan approval under Section 41 of The Planning Act, corner lots where site service
locations and building type have not been predetermined, interior lots having street
frontage greater than 13.7 metres, proposed buildings that are located deeper on
the lot than approved on the detailed vegetation plan and/or on which the revised
grading will have an adverse effect on the detailed vegetation plan.
e)
in the event of construction causing minor tree damage, remedial measures such as
trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost
and as directed by the Subdivider's Environmental Consultant who prepared the
approved plan. In cases where major irreparable tree damage is done, liability is
questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's
Environmental Consultant and/or the City, each such tree shall be removed and
replaced with at least one tree of equal value based on the tree value formula as set
out in "Guide for Plan Appraisal" of the International Society of Arboriculture, latest
edition. Tree replacements are to be located on the same lot or block as the tree
requiring removal or to a location within the subdivision requiring enhancement.
Furthermore, such remedial measures or tree replacements shall be approved by
the City's General Manager of Building and Planning Services and shall be
satisfactorily implemented prior to occupancy of the units or, due to weather
conditions, by the next planting season.
65.
That prior to or concurrently with registration of the plan of subdivision a conservation
easement shall be registered, in favour of the City of Kitchener, over the projection of
Environmentally Sensitive Policy Area #30 (Strasburg Floodplain Forest) within the rear of
lots 10 to 17 inclusive.
66.
That no building permits shall be applied for until satisfactory arrangements are made with
the City's Chief Building Official regarding the installation 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 City's Chief
Building Official that such system is operational. The property owner's participation in the
direct-to-fire residential alarm monitoring programme is voluntary, but is strongly
encouraged by the Kitchener Fire Department owing to the length of the cul-de-sac and the
lack of alternate emergency access.
67.
That the entire Plan of Subdivision shall be registered in one stage, but may be serviced
and developed in phases, with the extent of each phase to be shown on the servicing
drawings to the satisfaction of the General Manager of Public Works.
68.
That the street name within the Plan shall be Evenstone Court as shown on the Plan of
Subdivision.
COUNCIL MINUTES
AUGUST 17, 1998
- 430-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
69.
That construction traffic to and from the proposed subdivision shall be prohibited from using
Stauffer Drive and Black Walnut Drive, and shall be restricted to accessing the subdivision
from Evenstone Avenue via Caryndale Drive, Biehn Drive, Huron Road, and Trillium Drive.
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 Traffic and Parking Services.
70.
That in the event the septic system on Lot 4, Registered Plan 1284, fails to function
properly as a result of construction of Evenstone Court, the Subdivider shall provide a
connection from the existing dwelling on said Lot 4 to the sanitary sewer main on
Evenstone Court, to the satisfaction of the City's General Manager of Public Works, and at
the Subdivider's cost.
It is the opinion of this Committee that approval of this Subdivision Application is proper
planning for the City.
That the implementing Zoning By-law for Zone Change Application 92/37/E/JW (Carmel
Church/Chalon Estates) not be presented to City Council until Subdivision Application 30T-
92009 has received Regional Draft Approval whereupon the amending Zoning By-law shall
be presented to Council for all three readings. Alternatively, three readings of the
amending Zoning By-law may be given if the City Clerk is presented with a letter from the
Regional Municipality of Waterloo advising that the Region has no objections to the
passing of the By-law.
(Dealt with under delegations and Carried.)
That Zone Change Application ZC 97/19/TC/JG (Conformity By-law) affecting various lands
throughout the City and various zones on a City-wide basis, be approved in the form shown in the
"Proposed By-law" attached, dated July 3, 1998, as revised on August 10, 1998, without
conditions, save and except for the following changes:
1) Map No. 1 is deleted from the proposed by-law and all references related thereto.
2)
Map No. 10 is replaced with that dated "Revised August 4, 1998" and Clause # 16b) is
amended to reflect the mapping changes; and,
That the above be subject to deferral of those components relative to the additional sale of
sporting goods in lands variously zoned throughout the City to the September 14, 1998, Planning
and Economic Development Committee meeting, as well as the corresponding removal of Clause
#9 from By-law No.98-108 recommended for three readings this date; and further,
It is the opinion of this Committee that approval of this application is proper planning for the City.
(As Amended)
That with respect to Business and Planning Services Staff Report PD 98/96 dated July 22, 1998
(Zone Change Application 97/19/TC/JG - City initiated Conformity By-law) and the list of site
specific changes to the proposed by-law attached to the report, as outlined in explanatory form on
pages 2 and 3 of the Staff Report, we delete item #1 as follows:
'1. Lands at Manitou Drive and Homer Watson Boulevard are proposed to be re-zoned
from General Industrial (M-2) to Major Institutional (I-3) to implement the Major Institutional
District applying to the correctional facility' from the text of the proposed by-law; and further,
COUNCIL MINUTES
AUGUST 17, 1998
- 431-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & DEVELOPMENT COMMITTEE - (CONT'D)
8. Cont'd
That this matter be referred to a future Planning and Economic Development Committee meeting
for further consideration in conjunction with re-designation of the Federally Owned Lands as part
of a housekeeping amendment to the City's Municipal Plan.
That consideration of Municipal Plan Amendment Application MP96/6/S/CL (Former Best Pipe Site
- 245 Strasburg Road) and Zone Change Application ZC96/21/S/CL (Loblaws Properties Ltd) be
deferred pending:
1)
the completion of the due processing of the proposed Municipal Plan Amendment and
Zone Change Applications of Voisin Developments Limited for 621 Fischer-Hallman Road;
and,
2)
the completion of a comprehensive review of the commercial hierarchy as it relates to
Municipal Plan 'Commercial' Policy Provisions.
And further, it is Council's wish these matters be completed in six (6) months time, failing which,
staff are requested to report back to Council as to what extension is required.
(Dealt with under delegations and Carried on a recorded vote.)
COMMUNITY SERVICES COMMITTEE -
That Mitch and Deb Bieth, carrying on business as "Still Crazy" be permitted to conduct the
business of face painting and selling balloon animals in Victoria Park, by the second bridge, back
by the children's playground and/or Speaker's Corner, in the area formerly occupied by the May
Pole, until December 31, 1998, subject to obtaining the necessary licence(s).
That we approve an increase in the grant to the House of Friendship, for the Chandler Mowat
Community Centre, in the amount of $2,000.00, for the period September 1998 to December
1998 and $6,000.00 to be incorporated into the 1999 budget process, for custodial services at the
community centre, and further,
That the necessary changes be made to the agreement between the City of Kitchener and the
House of Friendship so that they may hire their own custodial staff for the Chandler Mowat
Community Centre.
That we receive the report by Moote von Bloedau titled "City of Kitchener Golf Course Operations Review - Rockway and Doon Valley Golf Courses", dated RFM 08/98, and further,
That Parks and Recreation staff conduct open houses to provide information to and receive input
from all members of the public with regard to the contents of the Moote von Bloedau report, and
further,
That the Community Services Committee deal with the recommendation in the Moote von Bloedau
report after the open houses have been held.
That consideration of the report of Ms. L. Gove, Supervisor, Arts, Culture & Events, dated July 27,
1998, with respect to event use of the Clock Tower Commons, be deferred and referred to
Management Committee for further review and circulation to area residents.
(As Amended)
That the City of Kitchener accept the "governor" offered by Ontario Hydro for installation on the
Rotunda second level, south of the existing steam engine, approximately 17 feet, against the stone
COUNCIL MINUTES
AUGUST 17, 1998
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
column, and further,
COMMUNITY SERVICES COMMITTEE - (CONT'D)
5. (Cont'd)
That $500.00 to $1,000.00 be approved to cover the cost of rehabilitating the "governor", and
further,
That $10,000.00 be included in the pro forma Capital budget each year for the acquisition of
industrial artifacts.
(As Amended)
That the City of Kitchener accept the offer of an extended, indefinite, loan of the ceramic replica of
Homer Watson House for display at City Hall, as supported by the Public Art Committee.
That the City of Kitchener purchase the Bullas Fountain Statuary for the price of $10,000.00 and
provide a charitable tax receipt, in the amount of $3,000.00, to the present owner, with the funds
being taken from the Public Art Trust Fund, and further,
That an agreement be developed between the present owner and the service club "Zonta" for the
right for any coinage to be extracted from the water feature, at specified times in the year during
routine maintenance, for donation to a charitable cause of the "Zonta" organization's choice, and
further,
That Superior Memorials be enlisted to retrieve and transport the 2 pieces to safe stage
immediately and to commence the minor repairs to the pieces prior to permanent installation.
That Carol Bradley be commissioned to produce the work submitted in the competition, as a
unique piece of public art, for installation at the new Country Hills Community Centre; with the
commission for the competition being $9,000.00, and further,
That the Mayor and Clerk be authorized to sign an agreement with the artist outlining the details
of the commission, conditions of delivery and acceptance of the installation.
That the Parks and Recreation Department proceed with the construction of the Schneider Creek
Community Trail from Pioneer Drive to Doon Village Road.
10.
That the Business and Planning Services Department staff be directed to amend the Sign By-Law
(Municipal Code Chapter 680) to permit sign advertising within City facilities (ie. parks, golf
courses, arenas) including the Heritage Greens Lawnbowling Club, to the satisfaction of the
General Manager of Parks and Recreation, and further,
That the criteria for approving signs within City facilities be presented to the Community Services
Committee for approval.
11.
That no action be taken on the request of the Recycling Council of Ontario for a grant in the
amount of $500.00 - $1,000.00.
12.
That the recommendations contained in the report of Mr. D. Daly, dated August 5, 1998, with
respect to the Urban Forestry Program for the City of Kitchener, as considered by the Community
Services Committee on August 10, 1998, be approved, and further,
That those recommendations for additional staffing and the block pruning contract be referred to
the 1999 budget.
ENVIRONMENTAL COMMITTEE-
COUNCIL MINUTES
AUGUST 17, 1998
- 433-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
That with reference to the Environmental Study Report for the Glasgow Street Class
Environmental Assessment and Preliminary Design (Fischer-Hallman Road to Knell Drive) dated
June 1998 prepared by McCormick Rankin Corporation, the Environmental Committee requests
ENVIRONMENTAL COMMITTEE - CONT'D
1. (Cont'd)
that the final design for the Landscape Plan (specifically tree replacement) be brought to a future
meeting of the Committee for its information.
That with reference to the content of Bill 163 - Tree Destruction By-law, the Environmental
Committee requests that staff of the Departments of Business and Planning Services, Parks and
Recreation and Legal explore mechanisms to protect large old trees on private property which are
considered to be in integral aspect of older neighbourhoods within the By-law Review Process.
FINANCE AND ADMINISTRATION COMMITTEE -
That no action be taken on the staff recommendation to amend the Street Vendors By-law so as to
require licensed refreshment vehicles to be owner/operated.
That in regard to the 1999 Pro Forma Budget, the estimated inflation adjustments for wages and
salaries; other expenses; and, boards and contracts be 0.5 per cent. and inflation on capital
expenses be 2 per cent.
That Council approve an application from Jabari/Afronzi for a Grant-in-Lieu of Building Permit Fee
in the amount of $354.75 under the Downtown Financial Incentive Program for renovations to the
former National TrustNictoria Grey building beside the Canadian Imperial Bank of Commerce.
That Council approve an application from 1295355 Ontario Inc. for a Feasibility Study Grant in the
amount of $3,718.25 under the Downtown Financial Incentive Program for a Phase 2
Environmental Site Assessment in respect to the property at 70 Victoria Street North.
That Council approve an application from 1077941 Ontario Limited (The Cora Group) for a Grant-
in-Lieu of Building Permit Fee in the amount of $5,750.00 under the Downtown Financial Incentive
Program for renovations to the Market Square Food Court level.
That Council adopt the following policies in regard to establishing a City roster of charities eligible
under the Provincial Advance Funding Program:
Charities will apply to the municipality where they are domiciled;
An application fee of $50.00 will be submitted with each application;
The same qualification criteria now used for lottery licensing will be used to evaluate eligibility;
Charities will be required to deposit the grants received through this process into a separate Lottery Trust
Account;
That a deadline date of October 31, 1998 be established for receiving these applications; and further,
That a sub-committee be struck to evaluate the requests and assign appropriate amounts, with
said committee to be comprised of the Chairs of the Finance and Administration and Community
Services Committees, the Deputy City Clerk and the Manager of Licensing.
That Council adopt the draft policy on safe driving, the draft policy on driving and hours of work,
the Accident Review Board terms of reference and the Accident Appeal Committee terms of
COUNCIL MINUTES
AUGUST 17, 1998
- 434-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
reference as appended to the report of S. Tranter dated July 28, 1998; and,
That the above is subject to amending the safe driving policy so as to reverse the order of
"Incentive/Reward" and "The Vehicle Accident Demerit System" in the policy statement section;
and further,
FINANCE AND ADMINISTRATION COMMITTEE - CONT'D
7. (Cont'd)
That staff consider some form of driver recognition to promote performance and safety in
conjunction with the newspaper advertisement involving recognition of driver excellence.
That staff prepare a report for consideration at the September 14, 1998 Finance and
Administration Committee meeting indicating whether the City presently has the authority to enact
a by-law requiring the use of safety equipment by in-line skaters who are using public facilities and
rights of way or whether special legislation is required, as well as the feasibility of implementing a
uniform by-law on a Region-wide basis.
9. That consideration of a smog and air quality plan be referred to the Environmental Committee.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That the modifications to the School Pedestrian Safety Plan for the 1998-99 School Year, as
presented to the Public Works and Transportation Committee on August 10, 1998, be accepted.
That the one (1) hour, 8:00 a.m. to 6:00 p.m., Monday to Friday, on-street parking limit on the west
side of Brubacher Street between Lancaster Street and Samuel Street be replaced with a two (2)
hour, 8:00 a.m. to 6:00 p.m., Monday to Friday, on-street parking limit; and further,
That the Uniform Traffic By-law be amended accordingly.
That the existing 24 hour permitted heavy truck route on Wellington Street North from Lancaster
Street to King Street West be modified to prohibit heavy truck travel, and further,
That the Uniform Traffic By-law be amended accordingly.
That Francis Street, between Charles Street and Joseph Street, and Charles Street, between
Victoria Street and Francis Street, be reverted to two-way traffic, and further,
That the Uniform Traffic By-law be amended accordingly.
5. That a stop control be installed at the intersection of Scenic Drive and North Hill Place, and further,
That the Uniform Traffic By-law be amended accordingly.
That the City of Kitchener commit $200,000.00 in the 2001 Capital Budget to accommodate the
provision of bike lanes on the new bridge structure to be constructed by the Ministry of
Transportation to replace the existing Franklin Street overpass of Highway #8, and further,
That Mayor C. Zehr implement discussions with local M.P.P.'s, Leadston and Wettlaufer, in an
attempt to have the additional expenses involved in providing these bike lanes, included as part of
the Franklin Street bridge costs, borne by the Province of Ontario.
That the City of Kitchener endorse the positions of the Canadian Urban Transit Association and
the Federation of Canadian Municipalities in promoting a tax exemption for employer provided
transit passes, and further,
That Mayor C. Zehr correspond with Karen Redman, M.P., requesting her support in obtaining a
AUGUST 17, 1998
COUNCIL MINUTES
- 435-
REPORTS ADOPTED BY COUNCIL
CITY OF KITCHENER
tax exemption for employer provided transit passes.
(As Amended)
That, subject to the approval of the City Solicitor, the Mayor and Clerk be authorized to execute an
agreement dated July 31, 1998, with the Province of Ontario, authorizing the City of Kitchener to
act as 'Project Proponent' for Phase II of the Community Transportation Action Project.
AUGUST 17, 1998
COUNCIL MINUTES
- 436-
COMMITTEE OF THE WHOLE
CITY OF KITCHENER
BY-LAWS AS 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."
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER -
1. Encroachment Aqreements
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement with
the registered owner(s) of Part Lot 6, Plan 1022, known as 80 Alpine Road, to legalize
four (4) existing directional signs located on the Alpine Road road allowance
approximately sixteen (16) feet from the edge of the pavement."
- and -
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement with
the registered owner(s) of Lot 20, Plan 1718, municipally known as 47 Tami Court, to
permit the construction of a wooden fence which will encroach three (3) metres, more
or less, onto a City easement."
Enqineerinq Aqreement - SOUTH WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and R.G.
Shugg Engineering Ltd., regarding Huron Woods Subdivision, Draft Plan of
Subdivision 30T-88030."
Banner Request
It was resolved:
"That in conjunction with the 3rd Annual Visual Arts Festival which will take place in
front of City hall and in the City Hall Rotunda on September 12th and 13th, 1998, we
grant permission for the erection of a banner on King Street at Francis Street from
Monday, August 24, 1998 to Sunday, September 13, 1998 inclusive, and further,
That arrangements be made with the City's Contractor for erection of the banner and
the payment of any costs by the organization associated therewith, and further,
That the Chief Administrative Officer be authorized to schedule the erection and
removal of a banner for this event, on an annual basis, as requested."
Doq Desiqnation Appeal
It was resolved:
"That the July 20, 1998 decision of the Dog Designation Appeal Committee on appeal
of a prohibited dog designation filed by Robert Russell be ratified and confirmed."
AUGUST 17, 1998
Bo
COUNCIL MINUTES
- 437-
COM~VHTTEE OF THE WHOLE
REPORT OF THE CHIEF AD~VHNISTRATIVE OFFICER - (CONT'D)
CITY OF KITCHENER
Refreshment Vehicles - Separation Distances
It was resolved:
"That the following process be followed when an applicant requests an exemption
from the separation distance requirements in Chapter 586 (Refreshment Vehicles):
the Manager of Licensing continues to be empowered to issue a licence if the
provisions of Chapter 586, including the separation distances are met;
if the separation distances are not met, then the Manager of Licensing, at the
request of the applicant, refers his/her appeal for a hearing by Council (or a
Committee of Council);
the Manager of Licensing informs, by letter, the licensed place of refreshment
operators and/or the licensed refreshment vehicle operators within the
separation distances of the hearing date and requests they send either a written
response or attend;
Council (or a Committee of Council) considers the submissions of the applicant,
the licensed place of refreshment operators and/or licensed refreshment vehicle
operators within the separation distances and any other relevant submissions;
after considering the submissions, Council or a Committee of Council decides to
grant or refuse to grant the licence to the applicant;
this process applies only when the Manager of Licensing receives a first
application for a refreshment vehicle licence or a renewal application for a
refreshment vehicle licence; and further,
That Chapter 586 (Refreshment Vehicles) be amended to allow an applicant a
general right of appeal to Council or a Committee of Council when his/her licence is
refused by the Manager of Licensing; and further,
That 'housekeeping' amendments to Chapter 586 (Refreshment Vehicles), be passed,
such amendments to be contained in a draft amending by-law to be circulated to
Council before its meeting of 17 August 1998."
Licences
It was resolved:
"That the City of Kitchener has no objection to the Canadian National Institute for the
Blind (CNIB), Ontario Division, Sudbury/Manitoulin District Office, 303 York Street,
Sudbury, Ontario, P3E 2A5, being granted permission to sell raffle tickets in the City of
Kitchener for a special draw on February 9, 1999 to be held at the CNIB Sudbury
Office, which will also include a series of draws between January 1, 1999 and
December 31, 1999."
- and -
"That the following massagists be granted Massagist licences for the year 1998:
Debra Christensen
Danielle Medema
Norah Carere
COUNCIL MINUTES
AUGUST 17, 1998
- 438-
CITY OF KITCHENER
COM~VHTTEE OF THE WHOLE
B. REPORT OF THE CHIEF AD~VHNISTRATIVE OFFICER - (CONT'D)
Souad Arrach."
7. Pavement Manaqement Aqreement
It was resolved:
"That the Mayor and Clerk be authorized to sign an agreement with ITX Stanley Ltd.
for the development and implementation of a Pavement and Sidewalk Management
System at a cost to the City of $178,725 plus G.S.T."
8. Huron Natural Area
It was resolved:
"That, the City enter into agreements of purchase and sale, satisfactory to the City
Solicitor for the acquisition of approximately 16 acres of upland forest located in the
Huron Natural Area, from Westmount Investments Inc. at $30,000/acre and
approximately 7.25 acres from Dorar Investments Inc. at $25,000/acre, payment of
which is to be in cash, interest free, spread over five years for Westmount Investments
Inc. and three years for Dorar Investments Inc.; and further,
That the City also agrees to pay the survey costs associated with these transactions;
and further,
That the Mayor and Clerk are hereby authorized to execute any documents to
complete the transaction deemed necessary by the City Solicitor."
Applications for Variances to City of Kitchener Municipal Code, Chapter 680 (Si.qn)
and Chapter 630 (Fence) - DOON-PIONEER AND BRIDGEPORT-NORTH WARDS
This item was dealt with under delegations.
10. Tenders
This item was dealt with under delegations.