HomeMy WebLinkAboutCouncil Minutes - 1992-07-13COUNCIL\1992-07-13
COUNCIL MINUTES
JULY 13, 1992
The Council of the Corporation of the City of Kitchener met this date with all members present except
Alderman G. Lorentz.
On motion by Alderman C. Weylie, the minutes of the regular meeting held June 22, 1992, as mailed to
the Mayor and Aldermen, were accepted.
A. Communications - referred directly to file
(1)
Letter dated June 25, 1992 from Elizabeth Witmer, M.P.P., Waterloo North, responding to
Council's resolution of April 13, 1992 relative to proposed amendments to the Labour
Relations Act.
(2)
July 3, 1992 Clerk's Statement on candidate disclosure re: November 12, 1991 municipal
election for the offices of Mayor, Alderman, Hydro Electric Commissioner, Member -
Waterloo County Board of Education and English and French Language Members -
Waterloo Region Roman Catholic Separate School Board.
(3) Financial Statements of the City of Kitchener for the period ended December 31, 1991.
Mr. Wilmer Martin, President of Habitat for Humanity Canada, 159 Herbert Street, Waterloo, and Mr. P.
Dietrich appeared as delegations with regard to Mr. Dietrich's May 25 letter and direction that was given
at the June 15 meeting of Planning and Economic Development Committee with regard to the submission
of the Waterloo Region affiliate of Habitat for Humanity. A recommendation relative to this matter was
listed as item B.8 of the Committee of the Whole agenda of this date. Mr. Martin stated that he was
grateful for the support and recommendation being advanced by City staff and pointed out that the Jimmy
Carter workshop will require support from many levels of the community. Further, Mr. Martin stated that it
was his understanding that Habitat for Humanity could submit a grant request relative to this 1993
undertaking.
Moved by Alderman C. Zehr
Seconded by Alderman G. Leadston
That with respect to the agreement of the City of Kitchener to partner with the Waterloo Region
affiliate of Habitat for Humanity, we agree to the following relative to the Daniel Avenue Housing
Project, as supported by the Jimmy Carter Work Camp:
That a cash-in-lieu contribution for parkland dedication on Daniel Avenue be assessed at
$1.00.
That storm drain, sewer and individual water service laterals be installed by the City at the
time of Daniel Avenue reconstruction.
That the proposed 13 lots on Daniel Avenue be exempted from frontage costs for the new
storm sewer.
That overhead hydro be permitted along Daniel Avenue.
That building permit fees and required lot development charges not be waived.
Carried.
Mr. D. Travers, Travers and Paquette, Barristers & Solicitors, appeared as a delegation with regard to
clause 6 of the report of the Planning and Economic Development Committee of this date and advised
that the applicant was in support of the Committee recommendation.
Moved by Alderman J. Ziegler
Seconded by Alderman C. Weylie
That clause 6 of the report of the Planning and Economic Development Committee of this date be
adopted.
Carried.
Mr. J.A. (Jack) Young, J.A. Young Associates, Consultants, 309-45 Caroline Street N, Waterloo,
appeared as a delegation on behalf of his client, Safety-Kleen/Breslube. He advised that the name
Safety-Kleen/Breslube no longer exists and that the operation was known as the Oil Recovery Division.
He advised that sometime ago, the company applied to the Ministry of the Environment for a permit to
COUNCIL MINUTES - 424 - JULY 13, 1992
destroy contaminated used oil containing P.C.B's that has been held in security storage and that the
ministry was prepared to issue the permit subject to conditions, one of which was that the company hold
some public information meetings in the immediate communities prior to the holding of an official public
hearing. Mr. Young advised that a public meeting for interested residents was planned for July 15, 1992
at the Breslau restaurant in the Village of Breslau. Mr. Young indicated that he was seeking agreement in
principle from City Council with regard to the proposal attached to his June 24 letter which describes the
approach and methodology to destroy P.C.B. contaminated oil.
Mr. Dave Peel appeared as a delegation on behalf of Safety-Kleen/Breslube and pointed out a certificate
of approval from the Ministry would authorize a one-time only destruction of the P.C.B. contaminated
used oils. He described the process of treatment which involves relatively simple chemistry to destroy
the P.C.B. contaminated oil and indicated that it would take approximately 21 days to complete the
process. Assurance was given that during that time period, additional supervisory staff would be on
hand and that ongoing testing would be undertaken which would be subject to independent verification
and that public access would be provided to all documentation relative to the undertaking.
Alderman T. Galloway questioned the request for approval in principle and exactly what it might mean for
the municipality. He commented that the Ministry of the Environment was the agency that understood the
process and what needs to be done and that the Ministry has not required municipal approval as one of
its conditions.
Moved by Alderman J. Ziegler
Seconded by Alderman C. Weylie
That the Council of the Corporation of the City of Kitchener express its thanks to Safety-Kleen
Canada Inc. for the information that representatives of the company have provided respecting
plans for destruction of P.C.B. contaminated used oils and that Safety-Kleen Canada Inc. be
encouraged in its plans to conduct a public information meeting and to comply with all M.O.E.
regulations.
Carried.
Mr. Paul Lawson, Lawson Signs, 891 Guelph Street, appeared as a delegation in support of his
submission to City Council that was included with the Council agenda. Mr. Lawson's concern was the
issue of A-Frame Sidewalk Signs as dealt with in the proposed new Sign By-law. He indicated that his
specific concern was the point in time at which the proposed by-law would take effect on A-Frame signs
outside of the downtown area and how long businesses that now have an A-Frame sign would be
permitted to use them.
Mr. S. Klapman pointed out that the by-law allows signs in the Downtown and Belmont Improvement
Areas but it is proposed to not allow them outside of the Downtown and Belmont areas. He noted that Mr.
Lawson was in effect asking Council to allow a grace period or phasing out period of the current
regulations.
In response to Alderman J. Ziegler, Mr. Lawson advised that he makes A-Frame signs which he either
sells or rents and recommended a five-year grace period from the proposed new regulations.
Alderman J. Ziegler questioned if staff gave consideration to wording the regulation so as to provide that
A-Frame signs would be used only during business hours and then removed and taken into the business
premises. Mr. S. Klapman advised that such a procedure would become an enforcement problem. In
response to Alderman M. Yantzi, it was suggested that wherever there were portable signs located, an A-
Frame sign could usually be found. Alderman Ziegler suggested that Council not enforce regulations of
the by-law pertaining to A-Frame signs for the remaining life of this Council so as to in effect provide a
grace period in respect to the restrictive changes.
Moved by Alderman B. Stortz
Seconded by Alderman C. Zehr
That the concerns and request of Mr. Paul Lawson, Lawson Signs relative to the regulations of the
new proposed Sign By-law be deferred and referred to the Planning and Economic Development
Committee for consideration in conjunction with a report from Mr. K. Tribby on this issue.
Carried.
Mrs. S. Herringer, Out of the Woods, St. Agatha, appeared as a delegation with respect to clause 3 of the
report of the Community Services Committee of this date dealing with the cost of the City of Kitchener
COUNCIL M/NIXPES - 425 - JULY 13, 1992
parade float.
Mr. F.S. Graham explained that Mrs. Herringer was appearing in connection with a shortfall relating to
financing of the City's parade float and noted that following discussions, the price and financing has been
agreed upon in accordance with the detail contained in the memorandum from Mr. J. Gazzola dated July
8, 1992.
Moved by Alderman G. Leadston
Seconded by Alderman M. Wagner
That clause 3 of the report of the Community Services Committee of this date be amended and re-
worded so as to read as follows:
"That we endorse the approach outlined in the memorandum dated July 8, 1992 from Mr. J.
Gazzola with respect to financing the Oktoberfest Parade Float as set out hereunder:
(1)
The City of Kitchener should accept the tender submitted by "Out of the Woods" Float
Company for the acquisition of a float at a cost of $41,500 plus G.S.T. (Total cost will be
approximately $43,000).
(2) The $43,000 will be provided from the Capital Contingency Account.
(3)
A Reserve Fund should be established to provide funding for the repair, replacement and
future renovation of the Oktoberfest Float.
(4)
An annual amount of $5,000 be budgeted to maintain the float; pay for parade entry fees;
and provide for other operating costs such as volunteer recognition."
Carried.
Mr. John Rousseau, Sutherland, Hagarty, Mark & Somerville, Barristers, appeared as a delegation on
behalf of Canada Alloy Castings Ltd. with regard to clause 3 of the report of the Planning and Economic
Development Committee of this date dealing with Official Plan Amendment Application 91/15 and Zone
Change Application 91/38/H/LB of Berkshire Building Corporation. Mr. Rousseau also mentioned that he
was representing Lear Seating Canada Ltd., 530 Manitou Drive and Waterloo Furniture Components
Ltd., 501 Manitou Drive. He stated that his clients were opposed to the applications and supported the
recommendation of the committee that the applications be refused. In respect to Canada Alloy Castings
Ltd. he advised that that firm had located to its present site 25 years ago, in order to locate away from
residential uses and because the area was zoned for similar heavy industrial uses. Council was in
receipt of a submission from Canada Alloy Castings Ltd. outlining its opposition, nature of its work, history
and planning that has taken place relative to its property. Mr. Rousseau noted that in the 1970's land on
the south side of Homer Watson Blvd. was rezoned to residential and that in the 1980's adjacent lands on
the north side of Homer Watson Blvd. were rezoned as Light Industrial. He advised that his client had
agreed to the Light Industrial Rezoning only on the basis that it would not harm them; however, now the
Light Industrial Zoning was being infringed upon by the applications submitted by Berkshire Holdings Ltd.
He pointed out that his clients operation was considered as a very heavy industrial use involving high
noise levels, high temperatures and very large amounts of dust that was generated. In summary, he
noted that the application of Berkshire Building Corporation would have allowed a restaurant use not far
removed from his clients building; however, because of the incompatibility of uses, the applications
should not be allowed and should be refused. In response to a suggestion by Mayor D.V. Cardillo that
the matter be deferred and further reviewed, Mr. Rousseau stated that such a deferral would not serve
any purpose.
Mr. Bill Kerr, Canada Alloy Castings Ltd. also appeared as a delegation regarding clause 3. He reiterated
that 25 years ago, the City of Kitchener had sold Canada Alloy Castings Ltd., their present 25 acre site for
heavy industrial purposes and that the firm had relied on the City respecting this arrangement and had
relied on the zoning within the area to accommodate the heavy industrial use. He commented that the
current applications, if they were approved, would expose the company to the possibility of law suits and
that this was the third time the company has had to approach Council to fight the same re-zoning
requests. In summary, he commented that any delay would not alter their views.
Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson Planning Ltd., 171 Victoria Street N,
appeared as a delegation on behalf of Berkshire Building Corp. with regard to clause 3 of the report of the
Planning and Economic Development Committee of this date. Mr. Britton requested that Council defer
the recommendation of the Committee to refuse the application. He noted that the committee resolution
was contrary to the staff recommendation and recommended that an objective study should be
COUNCIL MINUTES - 426 - JULY 13, 1992
undertaken to consider issues that would be of concern to the Ministry of the Environment and issues
relating to impact of the proposed development on traffic on Homer Watson Blvd. He commented that if
the results of such studies illustrated that the proposed development was incompatible with adjoining
uses, then this outcome could be accepted, but the applicant wished the opportunity to clarify these
matters. Accordingly, Mr. Britton requested a deferral with a minimum one month notification to allow
consideration of the results of the studies that were to be carried out. Further, he stated that he did not
believe the Traffic Study referred to at the committee meeting was fully understood and that concerns
expressed by Canada Alloy Castings Ltd. regarding their operation as it relates to smoke, heat, noise and
vibration should be studied.
In response to Alderman M. Yantzi, Mr. Britton advised that these operational matters were raised as an
issue at the Committee meeting and it would be prudent to study them and then make a decision.
Alderman C. Zehr questioned why studies related to the concerns that had been raised had not been
done already by the applicant and Mr. S. Klapman advised that it was at the committee meeting that these
matters were first raised.
Mr. B. Kerr advised that Canada Alloy Castings Ltd. voiced the same objections in 1987, 1990 and 1992
and questioned what could be accomplished by further study. According to regulations of the Ministry of
the Environment, his firm would be in violation of the regulations and would be guilty should complaints
be made by businesses operating from the applicant's property if it was rezoned.
Mr. J. Rousseau commented that Canada Alloy Castings Ltd. was a heavy industry and that there would
be complaints regardless of whatever measures or arrangements were made respecting the rezoning
simply as a result of the nature of the business.
Alderman M. Yantzi commented that this was a situation where City Council could show its support for
existing industry in the City by refusing the applications as not being good planning. Alderman T.
Galloway commented that he was opposed to the application on the basis that even though Ministry of
the Environment regulations might be met, businesses would not feel bound to accept the situation and
development of the property could further aggravate the existing traffic situation on Homer Watson Blvd.
Moved by Alderman J. Ziegler
Seconded by Alderman C. Weylie
That clause 3 of the report of the Planning and Economic Committee of this date be adopted.
Mayor D.V. Cardillo requested a recorded vote.
In favour: Aldermen B. Stortz, M. Wagner, M. Yantzi, J.
Smola, C. Zehr, J. Ziegler, T. Galloway and C. Weylie.
Contra: Mayor D.V. Cardillo and Alderman G. Leadston.
Motion Carried.
Mr. Michael Milloy, President, Gateman Milloy, 270 Shoemaker Street, Kitchener, appeared as a
delegation and provided Council with a pamphlet containing various pieces of correspondence
concerning a bid that his firm had submitted to the Public Utilities Commission of the City of London on a
park construction project, Tender No. 9208, for the development of Southwest Optimist Park. He thanked
the City for its support on this matter, since the issue first arose which involves serious principles relative
to the tendering process. He pointed out that after tenders had been opened by the London P.U.C. it had
been decided to award the contract not to the Iow bidder which was Gateman Milloy but rather to a local
London firm that had submitted a higher bid. He stated that this action undermines the tender process
given the outright favouritism and pointed out that there was no indication in the tender documents that
preference would be given to local bidders. In summary he requested that City Council address this
matter in an appropriate manner.
In response to Alderman B. Stortz, Mr. Milloy indicated that he had responded to London elected officials
and provided a breakdown of his firm's bid. He also stated that it was his understanding that formal
award of the contract has not yet been made and that the Canadian Construction Association has written
to the City of London on this matter requesting that the integrity of the tendering process be upheld.
Following some discussion, Members of Council indicated their support of Mr. Milloy's position.
Moved by Alderman B. Stortz
COUNCIL M/NIXPES - 427 - JULY 13, 1992
Seconded by Alderman J. Smola
That the London Public Utilities Commission, be advised that the City of Kitchener has grave
concerns relative to their recent decision to give preference to a local firm, which was not the
lowest bidder, in their award of the contract for Tender No. 9208. We respectfully request that they
reverse their decision to re-establish the integrity of accepted purchasing/tender practice based
upon fair review of all tender submissions free from undisclosed discriminatory criteria favouring a
bidder's geographical location.
And further that a copy of this resolution be sent to Mayor Thomas C. Gosnell of the City of
London and the Minister of Municipal Affairs.
Carried.
Mr. Philip Fernandez, 62 Queen Street S, appeared as a delegation representing the Race Relations
Committee of Kitchener-Waterloo. He stated that he was present to support the recruitment process of
the City in respect to the hiring of new firefighters. Mr. Fernandez stated that the initiative of the City was
in reality a mild pro-active approach to bring about more hiring of visible minorities, women, aboriginals
and the disabled. He emphasized that the initiative should not be viewed as reverse discrimination and
pointed out that no one has been able to prove that unqualified persons have been recruited as
firefighters. In summary, he urged Council to strengthen its resolve on this matter and indicated that his
committee was ready to assist Council relative to the goals of Employment Equity.
In response to Alderman J. Ziegler, Mr. Fernandez suggested that there have been many studies done
that document barriers to employment and promotion of the groups referred to. Alderman Ziegler
suggested that the direction of the City should be to provide leadership and education to eliminate all
barriers so that it can be perceived that the system is fair and to not erect new barriers to any group.
Mr. Jake Smola, 61 Hillview Street, appeared as a delegation on behalf of People Promoting Equal
Treatment for Employment. He noted that this organization was recently formed that includes women,
visible minorities and taxpayers, all of whom oppose the City's process in recruiting firefighters. He stated
that there were two issues of concern, the first being that the most qualified candidates have not been
allowed to proceed within the hiring process as a result of an employment equity thrust and the second
issue related to the selection process and pointed out that the City in its policies has outlined that age,
race, etc. are not factors in selection or the hiring process and requires that all staff be non-discriminatory
in their dealings. Discussion then centred around the passing mark with respect to the first and second
tests that were taken by applicants and the fact that the white male applicant group had been restricted so
that only those with a mark of 85 or higher moved on to the interview stage, whereas all other applicants
moved on provided they achieved a score of 70. Mr. J. Smola pointed out that prior to the test being
written, Fire Chief J. Hancock had stated clearly that the test process was a competition and that the
highest scoring applicants would move on to the next phase. He then referred to quotations from the
Ontario Human Rights Code and other legislation and requested that Council act to stop the current
hiring process immediately and then direct that all candidates scoring a pass of 70 or more on tests 1 and
2 proceed to the next phase in order that the most qualified be hired.
Mrs. Linda Livingston, 26 Springdale Drive, appeared as a delegation on the firefighter issue and stated
that while she supported the concept of employment equity, that tax dollars were not being spent wisely.
She stated her prime concern was that the Chief Administrative Officer and the Commissioner of
Administrative Services had taken it upon themselves to promote the philosophy behind the current
firefighter recruitment process. She asked that the hiring procedure be frozen so as to allow City Council
to consider the matter and implement fair hiring procedures.
Alderman M. Yantzi referred to the fact that only a small sample of population from the presently under-
represented groups in the Fire Department; that is, women, visible minorities, aboriginals and disabled
had applied for the available positions and that the overwhelming numbers of white males would skew the
test results.
Mr. R. Freeborn then offered an explanation with respect to the passing grades relative to the first and
second tests and noted that had there not been restrictions in time and funding, everyone who passed the
tests would have been allowed to proceed. He then explained the outcome of the second test and the
breakdown of those who had moved on to the physical portion of the testing procedure.
Mr. Peter Buehlow advised that he lived south of Kitchener and had written the second test, received 91%
and was not allowed to proceed to the next stage and expressed his disappointment at that outcome
COUNCIL MINUTES - 428 - JULY 13, 1992
given the high score that he achieved being 77 out of 85, whereas 78 our of 85 was the passing score for
white males, in comparison to a lower passing score for all other applicants.
Alderman C. Zehr advised that three of the first four tests were as objective as possible whereas the last
one was subjective. It was noted that 46 out of 64 applicants passed the physical test phase.
Mrs. Jacqueline Oswald, Douglas Drive, Ayr, appeared as a delegation with respect to the firefighter
issue and commented that as a woman and a member of a visible minority group, she took strong
exception to being treated as an "oddity" under the current approach being followed with respect to the
recruitment of firefighters. She stated that this course of action would lead to discrimination. Further,
under this approach, she questioned how it could be decided what category her children would fall into
given that she was of Asian background within a mixed marriage. She suggested that a double standard
was being applied in this entire matter and requested that all persons be given equal opportunity and
stated that the current hiring process was not fair, honourable or equitable. She stated that there should
be one passing mark and that all persons should be treated as individuals and not categorized by group
and if the test being administered was in fact determined to be biased, then the thrust should be to
change the test. Finally, she pointed out that she has two university degrees that she had earned and
that they were not awarded to her based on some form of numbers game among classes of students.
Responding to Mrs. Oswald remarks, Alderman G. Leadston stated that he had heard similar views from
a businessman who was a member of a visible minority group and that he had stated he did not want
special treatment.
Mr. Robert Bossenberg, 270 Morrison Road, appeared as a delegation respecting the firefighter
recruitment process and stated that a double standard was being applied and that the approach of the
City administration was totally twisted and that the Fire Chief had also stated when he took his test at a
time different than one of the previous delegations had taken his, that the Chief had stated that the tests
were on a competitive basis.
Mr. Jake Smola again appeared before Council and referred to a copy of an advertisement placed by the
City of Guelph outlining the qualifications for firefighters. He stated that if the qualifications for firefighters
were raised then only serious applicants would apply and the City would not be overwhelmed by the
numbers of applicants.
Alderman G. Leadston suggested that consideration be given to changing the concept of hiring
firefighters so as to provide relief to taxpayers and require candidates to have first taken and passed the
firefighters courses which the City now sends its recruits to at City expense.
Mr. R. Freeborn advised that the infrastructure for training of higher numbers of firefighters does not exist.
Alderman Leadston requested that Mr. Freeborn communicate with police officials and fire officials to see
if there were any plans in the future for such an approach.
Alderman J. Ziegler indicated that he would be introducing a motion respecting this matter, but first
commented that the grading and subsequent administrative actions were in effect a random arbitrary
method to eliminate those individuals whom the administration believed did not belong to the target
group. Further, he referred members of Council to a recent article in the K-W Record written by Monna
Zentner, Associate Professor, Applied Social Sciences, Renison College, University of Waterloo,
commenting on the City's hiring approach and basically suggesting that irrelevant criteria was being
utilized in the recruitment process and questioning what could possibly be achieved by the perversion of
recruitment criteria.
Moved by Alderman J. Ziegler
Seconded by Alderman G. Leadston
That the Council of the City of Kitchener instruct its staff to set standards for hiring based on merit.
It is the intention of this Council that all hirings and promotions will be decided on merit, unless
specifically directed by the Province of Ontario or the Government of Canada to do otherwise.
For clarification, this policy in no way interferes with the objective to actively pursue applicants for
various categories of employment in which it is desirable to visibly increase the representation of
women or visible minorities, but provides in all cases that all persons are treated equally, tested
equally and evaluated using the same criteria.
And further, it is the instruction of this Council that the Kitchener Fire Department be instructed to
COUNCIL MINUTES - 429 - JULY 13, 1992
develop testing methods free of gender bias in respect to both physical and intellectual testing, in
which men and women will be evaluated on the same basis, with no variation in the standard to be
applied in choosing any individual applicant over another, except on the merits shown through the
testing.
There was some discussions relative to inclusion of reference to visible minorities in the third paragraph
of Alderman Ziegler's motion, but it was unclear how this should be included and appeared to be left
unresolved when his motion was dealt with.
Alderman B. Stortz stated that he believed the recruitment process was fair and he was opposed to
Alderman Ziegler's motion stating that the implication of bias was wrong. Alderman M. Wagner
suggested that the issue was mired in statistics and that the point of concern is that of fairness to minority
groups. Alderman C. Weylie made the point that no females have ever been hired by the Fire
Department in the past but suggested that the best way to address the entire matter is to find a written
test that was unbiased and fair. Mr. R. Freeborn explained that the City utilizes a California-based test
that is the most widely used one available, but that staff would review it and look at other available tests.
Alderman Weylie stated that an issue of concern to her was that there should be an annual physical
testing of firefighters. She requested the question of a recruitment test and screening process be brought
back to Council for additional discussion. Alderman T. Galloway commented that he was convinced that
process would result in the best 20 applicants being hired and stated that while he supports the intent of
the initiative, there was a need that the recruitment process be perceived as fair. Alderman Galloway
suggested that in future, the City delineate between the employment equity initiatives and the actual
recruitment process and further attempt to level the playing field for all applicants. Alderman C. Zehr
commented that the standard required of firefighters has not been prejudiced and Alderman J. Smola
stated that he felt that recruitment process was fair.
Mayor D.V. Cardillo requested a recorded vote on Alderman J. Ziegler's motion.
In favour: Aldermen J. Ziegler and G. Leadston.
Contra: Mayor D.V. Cardillo and Aldermen B. Stortz, M.
Wagner, M. Yantzi, J. Smola, C. Zehr, T. Galloway and C.
Weylie.
MOTION LOST.
Moved by Alderman J. Ziegler
Seconded by Alderman C. Weylie
That the report of the Planning and Economic Development Committee of Council of this date be
adopted.
Alderman B. Stortz advised that he had additional discussions with Mr. J. Wallace on Item 3 of clause 1
and indicated that he wished to amend Item 3 by deleting the words "delete the words 'and secured by a
lien on the property which is registered on title' and ......'in its place." The mover and seconder agreed to
accept this as a friendly amendment to the motion.
Alderman B. Stortz then referred to clause 2, item 1.2.3 and stated that he did not support the
recommendation as there were a number of offices in the downtown core area with high vacancy rates.
Alderman M. Yantzi commented that the timing was bad at this time with regard to the matter of Item
1.2.3. In this regard he referred to a copy of a letter dated June 30, 1992 received from Cambridge
Leaseholds requesting deferral of the implementation of office location policies for three years to allow
the economic climate to improve and for the existing office market to stabilize. Alderman M. Wagner
noted that Downtown Official Plan Policies were presently under consideration and recommended that
since this issue had a relationship to uses in the downtown that it should not be dealt with at this time.
Alderman T. Galloway disagreed as the office location matter was an integral part of the Huron Review
that was presently under way and the possibility of permitting free-standing offices in the Huron Business
Park must be addressed.
The report was then put to a vote.
COUNCIL ~VHNUTES
- 430 - JULY 13, 1999
Voted on clause by clause.
Clause 1 - Carried (As Amended).
Clause 2 - A recorded vote was requested in respect to item
1.2.3 of clause 2.
In Favour: Mayor D.V. Cardillo and Aldermen G. Leadston, C.
Zehr, J. Ziegler, T. Galloway and C. Weylie.
Contra: Aldermen B. Stortz, M. Wagner,
Smola.
M. Yantzi and J.
Motion Carried.
Balance of clause 2 - Carried.
Clauses 3 & 6 - Dealt with under Delegations and Carried.
Balance of Report - Carried.
2. Moved by Alderman C. Zehr
Seconded by Alderman B. Stortz
That the report of the City Hall Steering Committee of this date be adopted,
Some discussion took place relative to the cost of the Governor General's visit and it was noted that
specific costs for a reception only have not yet been finalized. The report was put to a vote,
Carried.
Moved by Alderman G. Leadston
Seconded by Alderman J. Smola
That the report of the Community Services Committee of this date be adopted,
Voted on clause by clause,
Clause 3 - Dealt with under Delegations and
Amended.
Balance of Report - Carried.
Moved by Alderman C. Zehr
Seconded by Alderman B. Stortz
That the report of the Finance and Administration Committee of this date be adopted.
Moved by Alderman M. Wagner
Seconded by Alderman M. Yantzi
Carried As
Carried.
Moved by Alderman J. Smola
Seconded by Alderman M. Wagner
That the report of the Public Works and Transportation Committee of this date be adopted.
Carried.
Carried.
That the reports of the Local Architectural Conservation Advisory Committee (June 19, 1992) and
(July 3, 1992) of this date be adopted.
COUNCIL M/NIXPES - 431 - JULY 13, 1992
Alderman C. Zehr referred to planning of the Ministry of Transportation relative to the Highway No.8
widening and a problem with affected properties as to whether or not certain properties should undertake
renovations or not pending more precise information being received from the Ministry relative to the
highway widening. He requested that either through the Mayor's office or the Commissioner of
Transportation, that the City obtain more definite time lines from the Ministry of the work for the proposed
expansion or that the Ministry provide assurances that any upgrades by business properties would be
recovered as part of any settlement in connection with the impact of the highway widening project on
affected properties.
Alderman C. Zehr referred members of Council to a letter he had written to Council dated July 10, 1992
concerning appeals to Zoning By-laws 92-128 and 92-129.
Alderman J. Smola disclosed a conflict of interest and abstained from all discussion as he works for Mr.
W. Ferguson, M.P.P. who was a consultant for Mr. G. Olinskie.
In his letter, Alderman C. Zehr indicated that every effort has been made to achieve withdrawal of the
appeals to the zoning by-laws since if an Ontario Municipal Board Hearing was required, there would be
serious consequences for the Region's road network and for development which was scheduled to begin
in this area as soon as possible. He noted that one of the appeals has been withdrawn and that the
second appeal by George Olinskie requires Council action to have the appeal withdrawn.
Moved by Alderman C. Zehr
Seconded by Alderman B. Stortz
That Council, without prejudice, commit itself to implementing the remediation plan emanating from
the proposal as outlined in Paragon Engineering Ltd.'s letter dated July 5, 1992, provided that 50%
of the costs associated therewith are assumed by the developers and Mr. George Olinskie
withdraws his appeal to Zoning By-laws 92-128 and 92-129 by July 14, 1992.
Carried.
Alderman J. Smola disclosed a conflict of interest and abstained from all discussion and voting as he
works for Mr. W. Ferguson, M.P.P. who was a consultant for Mr. G. Olinskie.
Alderman G. Leadston suggested that either Mr. T. McKay or Mr. R. Freeborn consider a requirement
that a member of the Legal Department or Finance Department participate in future financial negotiations
or contractual arrangements prior to any City commitments being made.
Moved by Alderman G. Leadston
Seconded by Alderman C. Zehr
That Management Committee explore implications of a policy that would require either staff of the
City's Legal Department of Finance Department to be part of any financial negotiations or
contractual arrangements by other City staff that would bind the City.
Carried.
Moved by Alderman G. Leadston
Seconded by Alderman J. Smola
That this Council express its deep sense of loss over the recent passing of former Alderman
Russell Honsberger. His many contributions to the citizens of this community while serving as
alderman during the period 1959-1973 will be long remembered. And further that this Council
express its deepest sympathy to his bereaved wife and family.
Carried Unanimously.
The Council and those in the Chamber then stood to observe a one minute period of silence out of
respect for former Alderman Honsberger.
Moved by Alderman C. Weylie
Seconded by Alderman G. Leadston
That a special meeting of City Council be held on September 21, 1992 at 4 p.m. to discuss the
Strategic Plan for the Environment and its budget implications on each City department.
COUNCIL M/NUTES - 432 - JULY 13, 1992
Carried.
Moved by Alderman G. Leadston
Seconded by Alderman M. Yantzi
That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) Being a by-law to adopt Amendment No. 136 to the Official Plan
(b)
Being a by-law to close parts of King Street between the intersections of Frederick Street
and Francis Street in order to enable its use for community recreational purposes
(c)
To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
(d)
To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
(e) To confirm all actions and proceedings of the Council
(f)
Being a by-law to extend time for conveyance of lands pursuant to By-law 92-14 - Pinnacle
Drive closed
(g)
Being a by-law to extend time for conveyance of lands pursuant to By-law 92-15 - Pinnacle
Drive closed
(h)
Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect
to Cemeteries - Municipal
(i)
Being a by-law to amend By-law 4830 known as the Zoning By-law - M. and E. Vilandre -
MacVille Avenue - No. 911411MIZJ
(J)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 12, Registered Plan 1739
- Bankside Crescent
(k)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 32, Registered Plan 1713
- Benesfort Drive & Benesfort Crescent
Being a by-law to exempt certain lots from Part Lot Control - Lots 9 and 10, Registered Plan
1730 - Tamvale Crescent
(m)
Being a by-law to exempt certain lots from Part Lot Control - Lots 24, 29 and 30, Registered
Plan 1739 - Bankside Drive
(n)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 13, Registered Plan 1216
- Old Chicopee Drive
(o)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 3, Registered Plan 1739 -
Bankside Crescent
(P)
Being a by-law to exempt certain lots from Part Lot Control - Lots 9 and 10, Registered Plan
1739 - Bankside Crescent
(q)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 107, Registered
Plan 1678 - Brembel Street
(r)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 11, Registered Plan 1732
- Zeller Court
and that the same be taken as read a first time and stand referred to the Committee of the Whole.
Carried.
COUNCIL M/NIXPES - 433 - JULY 13, 1992
On motion the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
D.V. Cardillo appointed Alderman C. Weylie as chairman.
On motion the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair.
10. Moved by Alderman C. Weylie
Seconded by Alderman M. Yantzi
That the proceedings and the recorded conflicts taken in the meeting of the Committee of the
Whole held this date, as attached hereto and forming part of these minutes be and the same are
hereby adopted and confirmed.
11.
Moved by Alderman G. Leadston
Seconded by Alderman M. Yantzi
That the by-laws listed on the agenda for third reading, namely:
(a) Being a by-law to adopt Amendment No. 136 to the Official Plan
(b)
(c)
Carried.
(By-law No. 92-162)
Being a by-law to close parts of King Street between the intersections of Frederick Street
and Francis Street in order to enable its use for community recreational purposes
(By-law No. 92-163)
To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
(By-law No. 92-164)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
To confirm all actions and proceedings of the Council
(By-law No. 92-165)
(By-law No. 92-166)
Being a by-law to extend time for conveyance of lands pursuant to By-law 92-14 - Pinnacle
Drive closed
(By-law No. 92-167)
Being a by-law to extend time for conveyance of lands pursuant to By-law 92-15 - Pinnacle
Drive closed
(By-law No. 92-168)
Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect
to Cemeteries - Municipal
(By-law No. 92-169)
Being a by-law to amend By-law 4830 known as the Zoning By-law - M. and E. Vilandre -
MacVille Avenue - No. 911411MIZJ
(By-law No. 92-170)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 12, Registered Plan 1739
COUNCIL ~VHNUTES
- Bankside Crescent
(k)
(i)
(m)
(n)
(o)
(P)
(q)
- 434 - JULY 13, 199~
(By-law No. 92-171 )
Being a by-law to exempt a certain lot from Part Lot Control - Lot 32, Registered Plan 1713
- Benesfort Drive & Benesfort Crescent
(By-law No. 92-172)
Being a by-law to exempt certain lots from Part Lot Control - Lots 9 and 10, Registered Plan
1730 - Tamvale Crescent
(By-law No. 92-173)
Being a by-law to exempt certain lots from Part Lot Control - Lots 24, 29 and 30, Registered
Plan 1739 - Bankside Drive
(By-law No. 92-174)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 13, Registered Plan 1216
- Old Chicopee Drive
(By-law No. 92-175)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 3, Registered Plan 1739 -
Bankside Crescent
(By-law No. 92-176)
Being a by-law to exempt certain lots from Part Lot Control - Lots 9 and 10, Registered Plan
1739 - Bankside Crescent
(By-law No. 92-177)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 107, Registered
Plan 1678 - Brembel Street
(By-law No. 92-178)
(r)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 11, Registered Plan 1732
- Zeller Court
(By-law No. 92-179)
be taken as read a third time, be finally passed and numbered serially by the Clerk.
On motion, the meeting adjourned.
Carried.
...................................................................... Mayor Clerk
COUNCIL M/NIXPES - 435 - JULY 13, 1992
REPORTS ADOPTED BY COUNCIL - JULY 13, 1992
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
1, 1.
That operation of the Facade Loan Program be extended beyond the existing sunset date
of June 30, 1992 for a period of 18 months, at which time the effectiveness of the program
should again be assessed. The program would offer a 30% forgiveness incentive until
December 31, 1992, after which the impact of this feature would be evaluated for extension
at the same or reduced level.
That the proposed Downtown Interior Improvement Assistance Loan Program as outlined in
the staff report dated June 25, 1992 from T. O'Brien be adopted by the City of Kitchener
and offered to eligible applicants. This program would feature forgiveness incentive rates
and sunset dates identical to the Facade Loan Program.
That Schedule 'A' - Facade Improvement Loan Program and Schedule 'A' - Downtown
Interior Assistance Loan Program, each be modified to reflect the following revisions:
- under Funding, paragraph #3, insert a new sentence to read to the effect that "The
Commissioner of Finance and the City Solicitor be authorized to obtain appropriate
financial security to secure the loan portion of the program".
- under Funding, paragraph #5, be deleted in its entirety
- under Eligibility, paragraph #1, delete the first sentence which reads "To be eligible for
this program, applicants must not be in default of any municipal taxes, local
improvements, utility accounts, or any other money owing to the City of Kitchener."
(AS AMENDED)
=
That Kitchener Council adopt the Kitchener Office Location Study dated April 1992 by
resolution as an implementation plan and that the recommendations contained in the study,
as listed hereunder, be used as a basis for the preparation of new city-wide office location
official plan policies:
1.1
That the City of Kitchener's current approach of encouraging new office development to
locate in the Downtown, in part, by restricting the number of alternative suburban office
locations, be revised to create a more balanced approach that recognizes the existence of
distinct downtown and suburban office sub-markets within the overall regional office
market.
1.2
That the City of Kitchener create new opportunities for locating freestanding offices in
locations outside of Downtown Kitchener.
1.2.1
That the City of Kitchener continue its approach of permitting freestanding offices to
locate in suburban locations that abut or are near major interchanges of the
Provincial Highway System and Homer Watson Boulevard and the major
interchanges that abut or are near Primary Arterial roads that provide direct
access to the Provincial Highway System.
1.2.2
That the City of Kitchener permit freestanding offices in entrance locations to
existing areas that are currently designated as Business Park and remove
the existing gross floor area restrictions that apply to office uses zoned
Business Park Service Centre Zone (B-3).
1.2.3
That the City of Kitchener explore the possibility of permitting freestanding offices to
locate in the Huron Business Park through the Huron Community Plan
Review.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
COUNCIL M/NIXPES - 436 - JULY 13, 1992
2. (Cont'd)
1.2.4
That the City of Kitchener consider freestanding office uses as one of the primary
land uses in a strategy to help redevelop existing inner city industrial areas,
thereby achieving more effective use of existing serviced lands and buildings,
providing additional inner city employment opportunities and promoting
proximity of place of residence to place of work.
1.3
That the City of Kitchener continue to recognize that Downtown Kitchener is, and will
remain, an important and unique office location in the regional office market for offices that
require a prestige location, good overall accessibility to other parts of the region, and
proximity to services and other office functions that are located within the Downtown.
Further, that the Kitchener Economic Development Department continue to aggressively
seek to attract such new offices to Downtown Kitchener.
1.4
That the office policies/regulations in the Neighbourhood Commercial, Community
Commercial Core, Community Shopping Centre and Service Commercial Official Plan land
use categories and Comprehensive Zoning By-law 85-1 categories remain unchanged.
1.5
That the Planning and Development Department and the Economic Development
Department be directed to prepare an annual survey of city-wide trends in office type,
location, floor area and employment and provide a report on the results of each survey to
the Planning and Economic Development Committee.
That Kitchener Council direct staff to proceed to prepare the official plan amendments
required to implement the recommendations that are contained in the Kitchener Office
Location Study.
That Official Plan Amendments and Zone Change Applications conforming to the approved
office location policies be processed without the necessity to bring them forward to the
Planning and Economic Development Committee for direction for processing.
=
That Official Plan Amendment Application 91/15 (Berkshire Building Corporation)
requesting an amendment to the Kitchener Official Plan from General Industrial to General
Industrial with a special policy on lands described as Part of Lot 32, Registrar's Compiled
Plan 1489, more particulary described as Part 1 of Plan 58R-5097, be refused.
That Zone Change Application 91/38/H/LB (Berkshire Building Corporation) requesting a
change in zoning from General Industrial (M-2) to General Industrial (M-2) with a special
use and a special regulation provision, all according to By-law 85-1, on lands described as
Part of Lot 32, Registrar's Compiled Plan 1489, more particularly described as Part 1 of
Plan 58R-5097, be refused.
It is the opinion of this Committee that the refusal of these applications is proper planning
for the City.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
4, A.
That Kitchener City Council request the Council of the Regional Municipality of Waterloo to
modify Official Plan Amendment No. 99 -Victoria Street Secondary Plan in accordance with:
1) the modifications that are recommended in the Region's post-circulation letter dated
April 30, 1992; 2) the City of Kitchener's revised standardized wording for inner city
secondary plan land use categories and; 3) to reflect the Region of Waterloo's approval of
Official Plan Amendment No. 127 -City Wide Institutional, such modifications to include the
following:
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
4. (Cont'd)
2.1 SECTION 2 - PURPOSE OF THE AMENDMENT
COUNCIL M/NIXPES - 437 - JULY 13, 1992
Revise the second sentence of the first paragraph to read "This amendment will
redesignate...".
2.2 SECTION 3 - BASIS OF THE AMENDMENT
Revise the second sentence of the second paragraph to read "The Industrial designation
covers ....
2.3 SECTION 3.1 -TRANSPORTATION POLICIES
Revise the third sentence of the second paragraph to read "Similar removal of this
proposed Primary Road designation was previously undertaken with respect to other
affected areas through ePA No. 75 - Victoria Park Secondary Plan and ePA No. 101 -
Road Designation Revisions to Official Plan Maps 1,2, 3 and 4."
2.4 SECTION 3.2 - LAND USE DESIGNATIONS
Revise sub-section 3.2.7 Major Institutional by deleting the existing text and replacing it with
the following new text:
"It is recognized that the existing Low Density Residential land use designation is an
inappropriate land use designation to be applied to the Hydro Electric Commission
of Kitchener-Wilmot (H.E.C.K.W.) operations located at 301 Victoria Street South
and some adjacent lands located on the same block generally bounded by Patricia
Avenue, Victoria Street South, the Grand River Railway, West Avenue and the
Henry Sturm Greenway, given the scale and nature of H.E.C.K.W.'s operations.
The Major Institutional land use designation is seen as being the most appropriate
alternative land use designation for the subject block; however, a Special Policy is
required to recognize the existence of executive and administrative offices and
associated warehousing and outdoor storage."
2.5 SECTION 4 - THE AMENDMENT
2.5.1
Revise policy 4.1.1 to read "Public service uses as defined in Policy VI.IX of
this Plan shall be permitted...".
2.5.2
Revise policy 4.2.1 by deleting the phrase "... shall be replaced by Schedule
'A'..." and replacing it with the phrase "... shall be amended as shown
on Schedule 'A'...".
2.5.3
Revise policy 4.2.2 by deleting the phrase "... shall be replaced by Schedule
'B'..." and replacing it with the phrase "... shall be amended as shown
on Schedule 'B'...". Also, replace "Flood Plan" with "Flood Plain".
2.5.4
Revise policy 4.2.3 by deleting the phrase "... shall be replaced by Schedule
'C'..." and replacing it with the phrase "... shall be amended as shown
on Schedule 'C'...".
2.5.5
Revise policy 4.2.4 by deleting the phrase "... shall be replaced by Schedule
'D'..." and replacing it with "...shall be amended as shown on Schedule
2.5.6
Revise policy 4.3.2 such that it makes reference to "... attached Schedule 'A'
dated June 9, 1992".
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
4. (Cont'd)
2.5.7
Add new policy 4.3.3 as follows:
"Map 2, 'Flood Plain and Environmental Areas shall be amended to
show the revised floodlines of Westmount Creek as shown on the
attached Schedule 'B' dated June 9, 1992."
COUNCIL M/NIXPES - 438 - JULY 13, 1992
2.5.8
Revise the first sentence of Policy 4.4.1 Low Density Conservation to read:
"Permitted uses are restricted to single detached dwellings, duplexes,
semi-detached dwellings, conversion of existing housing stock to
multiple dwellings to a maximum of three units, multiple dwellings to a
maximum of three units, small residential care facilities, home
occupations and private home day care."
2.5.9
Revise the second sentence of the first paragraph of Policy 4.4.2 Low Rise
Multiple Residential to read:
"Permitted uses are restricted to single detached dwellings, duplexes,
semi-detached dwellings, conversion of existing housing stock to
multiple dwellings, multiple dwellings, small residential care facilities,
home occupations, and private home day care."
2.5.10
Revise the second sentence of the first paragraph of Policy 4.4.3 Low
Density Multiple Residential to read:
"Permitted uses are restricted to single detached dwellings, duplexes,
semi-detached dwellings, conversion of existing housing stock to
multiple dwellings, multiple dwellings, small residential care facilities,
home occupations and private home day care."
2.5.11
Revise the first sentence of the first paragraph of Policy 4.4.4 Medium
Density Multiple Residential to read:
"Permitted uses are restricted to existing single detached dwellings,
duplexes, existing semi-detached dwellings, multiple dwellings up to a
maximum density of 200 units per hectare (80 units per acre), day
care facilities provided they are located internal to a multiple dwelling,
small and large residential care facilities, private home day care and
home occupations."
2.5.12
Revise the first two paragraphs of Policy 4.4.5 Low Density Commercial
Residential to read:
"Permitted residential uses are restricted to single detached dwellings,
duplexes, semi-detached dwellings, the conversion of existing housing
stock to multiple dwellings, lodging houses, home occupations, private
home day care, small and large residential care facilities and multiple
dwellings. Commercial uses are restricted to office uses including
health offices and health clinics, club facilities, funeral homes,
financial establishments, religious institutions, medical laboratories,
day care facilities, studios and
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
4. (Cont'd)
personal services. Commercial, residential and religious institution
uses may be located within separate buildings or may mix within the
same building. Retail uses shall not be permitted. Personal services
must be located within a building used primarily for other commercial
or multiple residential uses.
New residential development may not exceed a density of 100 units
per hectare (40 upa), within a Maximum Floor Space Ratio of 1.0, that
is, the above grade building floor area shall not exceed 1.0 times the
lot area."
2.5.13
Delete the existing text of Policy 4.4.7 Major Institutional in its entirety and
replace it with the following new text:
COUNCIL M/NIXPES - 439 - JULY 13, 1992
2.6
"Permitted uses within the Major Institutional land use category shall
be restricted to hospitals, health office, health clinics, medical
laboratories, small and large residential care facilities, educational
establishments, religious institutions, museums, day care facilities,
community centres, studios, sports and/or recreation facilities,
veterinary services, and social service establishments.
Convenience retail, financial establishment and personal service uses
shall be permitted provided that they are located within a building
used for a health clinic, multiple dwelling or large residential care
facility.
Multiple residential uses developed in association with permitted
institutional uses may be permitted to a maximum net residential
density of 200 units per hectare (80 units per acre).
Commercial uses developed in conjunction with, and intended to
directly serve permitted institutional uses, may be permitted."
SPECIAL POLICIES
Add new Section 2.6 Special Policies as follows:
"2.6 SPECIAL POLICIES
2.6.1
Notwithstanding the Major Institutional land use designation
which applies to the lands located on the block
generally bounded by Patricia Avenue, Victoria Street
South, the Grand River Railway, West Avenue and the
Henry Sturm Greenway, the executive and
administrative offices of the Hydro Electric Commission
of Kitchener-Wilmot located at 301 Victoria Street South
and the associated warehousing and outdoor storage
uses shall be permitted uses."
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
That City of Kitchener Council request the Council of the Regional Municipality of Waterloo
Council to defer approval of the land use designations proposed for the area shown on
Map 1 (attached) to permit City and Regional staff further opportunity to attempt to resolve
an objection to the residential land use designations in this area by C.N. Rail.
It is the opinion of this Committee that approval of thse modifications to Official Plan
Amendment No. 99 is proper planning for the City.
$.That Zone Change Application 92/9/M/PMc (Lena Bremner) requesting a change in zoning from
General Residential (R3) and Semi-Restricted Residential (R2) to Semi-Restricted Residential
(R2) with and extension of use and special regulations according to By-law 4830 on Part of Lot 3,
Registered Plan 370, be approved in the form shown in the proposed By-law attached, dated June
9, 1992, subject to the following conditions being satisfied prior to any readings of the By-law by
Council.
To arrange for notification by letter from the Regional Municipality of Waterloo to the City's
Clerk, that all Regional requirements have been satisfied with respect to the proposed
development.
COUNCIL M]NIXPES - 440 - JULY 13, 1992
The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7)
months from Council having approved the amending zoning by-law relative to the Zone
Change Application 92/9/M/PMc by resolution. In the event this requirement is not fulfilled
within the seven month period, Council shall consider rescinding its zone change approval.
It is the opinion of this Committee that the approval of this application is proper planning for
the City.
=
That the following revisions to City Council's July 17, 1989 conditions of approval relative to Draft
Plan of Subdivision 30T-87063 (Vace Farms Ltd.) be approved:
That condition 65 be amended by inserting the words "only 15 building permits shall be issued
within the subdivision prior to the construction of Wabanaki Drive, and further that" no
'additional' building permits ... after the words performance security arrangements in the first
sentence so that the revised condition 65 shall read as follows:
65. The Subdivider agrees that notwithstanding any other conditions or performance
security arrangements, only 15 building permits shall be issued within the subdivision prior to
the construction of Wabanaki Drive, and further that no additional building permits shall be
issued for any lots or blocks contained within this Plan of Subdivision until such time as
Wabanaki Drive is constructed between Wilson Avenue and Hidden Valley Road, to the
satisfaction of the City's Commissioner of Public Works. In this regard, the Subdivider shall be
responsible for the installation of a two (2) lane road being the Wabanaki Drive Extension from
Wilson Avenue to the new local access road for the Hidden Valley area to binder asphalt
constructed to City of Kitchener standards as approved by the City's Commissioner of Public
Works including gravel shoulders and adequate storm ditches. Further, the Subdivider shall
pay 100% of the cost and agrees and acknowledges that the City's 60% responsibility as set
out in the Development Charge Policy as reflected in Section 34. of an Agreement registered
on the 7th day of September 1990 as Instrument Number 1052245 no longer applies.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
=
A. That Zone Change Application 91/41/M/ZJ (Michael & Ethel Vilandre) requesting a change in
zoning from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted
Residential (R2A) with special regulations, on Part of Lot 60, German Company Tract, be
approved, in the form shown in the proposed by-law attached, dated June 1, 1992, subject
to the following conditions being satisfied prior to any readings of the amending zoning by-
law by Council.
To arrange for notification by letter from the Regional Municipality of Waterloo to the
City's Clerk, that all Regional requirements have been satisfied with respect
to the proposed zone change.
The Owner acknowledges that Condition 1 hereof is required to be satisfied no later
than seven (7) months from the date of Council having approved by
resolution, the amending zoning by-law relative to Zone Change Application
91/41/M/ZJ. In the event this requirement is not satisfied within the seven
month period, Council shall consider rescinding their zone change approval.
It is the opinion of this Committee that approval of this application is proper planning for the
City and is in conformity with the City's Approved Official Plan.
That City Council waive the requirement of a 4.95 metre road widening along the entire
frontage of 9 MacVille Avenue, as provided for under the City's Official Plan.
COUNCIL M]NIXPES - 441 - JULY 13, 1992
8. A. That
Zone Change Application 90/15/H/JW (Rockway Holdings Limited) requesting a change in
zoning from Agricultural (A-l) to Agricultural (A-l) with special use and special regulation
provisions on Lots 10-14 inclusive, 24-26 inclusive and Part Lots 9 and 23, Registered Plan
585 and Part Lot 149, German Company Tract, be approved in the form shown in the
Proposed By-law, attached, dated June 4, 1992, subject to the following conditions being
satisfied prior to any readings of the By-law by Council:
That the owner enter into a Development Agreement to be prepared by the City
Solicitor and registered on title and the following conditions shall form part of this
agreement:
The Owner agrees:
To prepare a landscaping plan showing planting and surfacing details for all areas
outside the Limits of Extraction as shown on Map No. 2 of the Proposed By-law
attached to Report PD 58/92, to obtain approval thereof from the City's Director of
Development prior to any readings of the By-law by Council and to complete the
landscaping in accordance with the approved plan within one year of commencing
the stripping of topsoil on site.
To maintain the approved landscaping in a state acceptable to the City's Director of
Development for the life of the proposed pit.
To prepare a detailed Grading and Drainage Control Plan showing drainage details
for the subject property, abutting properties and public rights-of-way so as to ensure
compatible drainage, and to show thereon all detailed erosion and siltation control
features; to obtain approval thereof from the City's Commissioner of Public Works,
prior to any readings
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
8. (Cont'd)
of the By-law by Council. The Owner agrees to implement all erosion and siltation
control measures prior to the commencement of any site grading, to complete the
site grading and drainage scheme in accordance with the approved plan within one
year of commencing the stripping of topsoil on site, and to maintain the erosion and
siltation control measures for the life of the proposed pit.
To close all redundant driveways to the Regional Municipality of Waterloo's
standards prior to commencing the stripping of topsoil on site.
To install, at the Owner's cost and to the Regional Municipality of Waterloo's
standards, new driveway ramps prior to commencing the stripping of topsoil on site.
That, owing to the proximity of nearby dwellings, berm construction adjacent to
Huron Road shall not occur only in the months of June, July or August.
That the haulage route shall not include any portion Trussler Road south of Ottawa
Street unless or until such time as said portion of Trussler Road is upgraded to
Truck Route status.
That, wherever possible, extraction shall be carried out at the elevation of the pit
floor.
That the operation of any machinery or equipment used in conjunction with the pit,
other than water pumping equipment, shall not occur between the hours of seven
o'clock in the afternoon (local time) and seven o'clock in the morning (local time) of
the next day or on any Sunday or holiday unless written permission is obtained from
the City's Commissioner of Public Works for special projects.
10. (i)
To provide, prior to commencing the stripping of topsoil on site, a cost estimate for
100% of the total cost of all "site development works" required to be done by
this Agreement. Such cost estimate shall include materials, installations,
COUNCIL MINUTES - 442 - JULY 13, 1992
removals, closures and restorations, other than within the area of extraction,
and shall be in a form satisfactory to the City's Director of Development.
(ii)
"Site Development Works" shall be applicable only outside of the area of
extraction and shall include the following:
a) On site works:
Rough grading; fine grading; plant material; sodding and seeding; and
b) Off site works:
Redundant driveways; driveway ramps; fine grading; and sodding.
To provide prior to commencing the stripping of topsoil on site, for each phase, a
Letter of Credit to the City's Director of Development for 50% of the total cost
of all site development works in a form satisfactory to the City Solicitor, to be
held by the City as security for the completion of the works required in this
Agreement. The Letter of Credit will be retained until such time as 50% of
the value of the site development works
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
8. (Cont'd)
have been completed in conformity with their approved design. Thereafter
reductions shall commence for additional works completed in conformity with
their approved designs, in amounts in accordance with the cost estimate,
subject to the receipt of verification in writing from the Owner's consultants
that such works are so completed.
(iv)
The Letter of Credit shall be kept in force until the completion of the required site
development works in conformity with their approved designs. If the Letter of
Credit is about to expire without renewal thereof and the works have not been
completed in conformity with their approved designs, the City may draw all of
the funds so secured and hold them as security to guarantee completion
unless the City Solicitor is provided with a renewal of the Letter of Credit
forthwith.
(v)
In the event that the owner fails to complete, to the satisfaction of the City's
Director of Development, the required site development works in conformity
with their approved designs within one year of commencing the stripping of
topsoil on site, then it is agreed by the Owner that the City, its employees,
agents or contractors may enter on the lands and so complete the required
site development works to the extent of monies received under the Letter of
Credit. The cost of completion of such works shall be deducted from the
monies obtained from the Letter of Credit. In the event that there is a surplus,
the City shall pay it forthwith to the Owner. In the event that there are
required site development works remaining to be completed, the City may by
by-law exercise its authority under Section 325. of The Municipal Act to have
such works completed and to recover the expense incurred in doing so in like
manner as municipal taxes.
(vi)
Other
forms of performance security may be substituted for Letters of Credit
provided that approval is obtained from the City Treasurer and the City Solici-
tor.
11.
To operate the pit in accordance with all applicable provincial and municipal
requirements. In particular, the Owner acknowledges the existence of By-law
87-345, being a By-law to Regulate the Operation of Pits and Quarries, and
agrees to operate the pit in strict compliance thereto.
COUNCIL M]NIXPES - 443 - JULY 13, 1992
12.
That the City may give a Release of this Agreement as it applies to the lands
or portions thereof. This Release shall not, however, release this clause or
any of the conditions related to site works which are required by this
agreement to be maintained for the life of the proposed pit.
13.
To forward a copy of each written report, required pursuant to Section 17 of
the Aggregate Resources Act, to Kitchener's Department of Planning and
Development for information.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
8. (Cont'd)
To arrange for notification by letter from the Regional Municipality of Waterloo to the
City's Clerk, that all Regional requirements have been satisfied with respect to the
proposed development.
The owner acknowledges that the registered Development Agreement required in
Condition 1, the approvals or provisions of conditions 1.1, 1.2 and 1.10.(iii) and
Condition 2 hereof are required to be satisfied no later than seven (7) months from
Council having approved the amending zoning by-law relative to the Zone Change
Application 90/15/H/JW by resolution. In the event this requirement is not fulfilled
within the seven month period, Council shall consider rescinding its zone change
approval.
It is the opinion of this Committee that the approval of this application is proper planning for the
City and is in conformity with a recommended Amendment (No. 118) to the City's Approved
Official Plan.
That the Ministry of Natural Resources have regard to the following matters in
considering the application of Rockway Holdings Limited for a Class A Licence on Lots
10-14 inclusive, 24-26 inclusive and Part Lots 9 and 23, Registered Plan 585 and Part
Lot 149, German Company Tract:
Approval by the City of Kitchener of a zoning by-law to permit a pit is based on the
Existing Features Plan, Operational Plan and Notes, and Progressive
Rehabilitation and Final Rehabilitation Plans and Notes, dated 92 04 06 and
attached to Report PD 58/92.
The City of Kitchener objects to the inclusion of Note 24 on the Operational Plan as
no application has been made to the City of Kitchener to permit a portable asphalt
plant on the site.
The City of Kitchener requires the owner to enter into a Development Agreement to
be registered on title prior to any readings of the By-law by Council. The
conditions which shall form part of this agreement are detailed in part (A) of this
resolution.
That Staff adopt a more permissive stance with respect to the approval of condominium
conversions under the Rental Housing Protection Act.
That in considering approval of condominium conversions, regard shall be had to:
COUNCIL MINUTES - 444 - JULY 13, 1992
1. The overall rental housing vacancy rate in the City of Kitchener;
2. The supply of rental housing in areas where condominium conversions are
proposed;
3. The impact of a conversion on existing tenants.
10.
That a special meeting of the Planning and Economic Development Committee be held on Monday,
July 13, 1992 commencing at 4:00 p.m. to consider the Region of Waterloo 'Vision Paper to
2021' and the City's Vision in respect to the Official Plan Review.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
JULY 13, 1992
11.
That Demolition Control Application DC 92/4/RM (Kenmore Commercial Inc.) requesting approval for
the demolition of a single detached dwelling (farm house) and two framed sheds located at 601
Glasgow Lane, legally described as Lot 6 and 28 Benjamin Weber's Survey, Registered Plan
402 be approved subject to the following:
a)
That the attached site plan, dated June 26, 1992, be approved in principle, with the
final site plan and the following condition included in a Development Agreement
pursuant to Section 41 of the Planning Act:
"The Owner agrees to construct and substantially complete the approved site
development not later than two years from the day demolition of the existing detached
dwelling is commenced. Upon failure to complete the approved site development
within two years, the Clerk of the Municipality shall be entitled to enter on the
Collector's Roll to be collected in like manner as municipal taxes, the sum of $20,000
for each dwelling unit for which demolition permits have been issued and such sum
shall, until payment thereof, be a lien or charge upon the land in respect of which the
permit to demolish the residential property is issued."
It is the opinion of this Committee that approval of this application is proper planning for the City.
CITY HALL STEERING COMMITTEE
That the City of Kitchener extend an invitation to the Governor General of Canada to officially open
the new City Hall.
That the Project Manager, Transportation Services, and Administrative Services be directed to
undertake a space planning exercise, and preliminary design for the renovation of the Traffic
Division's offices at the Duke-Ontario garage to:
a) re-organize the space to accommodate the remaining Transportation staff and functions; and
b) incorporate an employee-use shower facility; a Safety Training Facility; and a Bicycle Storage
Facility.
COMMUNITY SERVICES COMMITTEE
That a cash grant in the amount of $2,000.00 be approved for the Kitchener-Waterloo Symphony
Youth Orchestra to assist with their travel expenses to Aberdeen, Scotland from August 5 - 15, 1992.
That Mrs. Bartman be permitted to install a marble monument at the grave of her husband, Bronislaw
Bartman, in Woodside Cemetery.
COUNCIL M]NIXPES - 445 - JULY 13, 1992
That we endorse the approach outlined in the memorandum dated July 8, 1992 from Mr. J. Gazzola
with respect to financing the Oktoberfest Parade Float as set out hereunder:
(1) The City of Kitchener should accept the tender submitted by "Out of the Woods" Float Company
for the acquisition of a float at a cost of $41,500 plus G.S.T. (Total cost will be
approximately $43,000).
(2) The $43,000 will be provided from the Capital Contingency Account.
COMMUNITY SERVICES COMMITTEE
JULY 13, 1992
(3) A Reserve Fund should be established to provide funding for the repair, replacement and future
renovation of the Oktoberfest Float.
(4) An annual amount of $5,000 be budgeted to maintain the float; pay for parade entry fees; and
provide for other operating costs such as volunteer recognition.
(DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED)
That tender T92-27, Pumpers/Water Tower, be awarded to Resqtech Systems Inc., Woodstock,
Ontario at their tender price of $1,256,000.00 plus G.S.T., and further,
That $118,000.00 be transferred from the Capital Contingency Fund.
That the Mayor and Clerk be authorized to execute an agreement with the Hydro Electric
Commission of Kitchener-Wilmot for the exchange of lands within the area of Motz Park for the
purposes of a future hydro sub-station and maximizing open space within the park.
6. That the working name of the future cemetery site be approved as "Trillium Woods Cemetery", and
That the revised Site Master Plan as presented by Hilton-Foster Ltd. be approved, and
That the detailed site development plans as presented by Hilton-Foster Ltd. be approved, and
That the Manager of Cemeteries be authorized to meet with Public Works and Parks & Recreation
staff in order to ascertain what portions of the construction of Phase 1 can be accommodated under
the 1992-93 Winter Works Program and what the associated costs of such work would be, and
further
That the Manager of Cemeteries be authorized to review detailed site plans for Phase 1 with other
City staff in order to determine anticipated development costs and prepare a report which compares
construction costs relative to current funding for this project, to be presented to the Community
Services Committee by September, 1992.
7. That the contents of the proposed Cemetery By-law be approved, and further
That the City Solicitor be instructed to prepare the necessary by-law for presentation to City Council
at a future meeting.
That a resolution be forwarded to the Provincial Government requesting the enacting of legislation to
make helmets for cyclists mandatory, and that copies be sent to all municipalities in Ontario having a
population greater than 50,000 for their endorsement; and further
That in conjunction with the Waterloo Regional Police, the City Solicitors of both Kitchener and
Waterloo jointly investigate the feasibility of enacting municipal by-laws to require the mandatory use
of helmets by cyclists.
That we support the joint Ontario Hockey Association/City of Kitchener/Mid-Western Junior "B"
Hockey League bid to host the 1993-94 Under 17 International Invitational Tournament, and further
That up to $10,000.00 be appropriated in the 1993 budget to help offset the cost of transporting the
team to and from the Auditorium for practices and to their games in Kitchener-Waterloo and a
COUNCIL MINUTES - 446 - JULY 13, 1992
contribution towards the cost of a welcome banquet, with a maximum of $2,000.00 of the $10,000.00
being contributed to the welcome banquet.
FINANCE AND ADMINISTRATION COMMITTEE
JULY 13, 1992
That the City accept the offer of Michael Klingbaum as set out in the July 6, 1992 letter from his
solicitor, John Doherty, to settle all his expropriation claims respecting 222-228 King Street West
and 9-11 College Street, except for reasonable legal and appraisal costs, for the additional sum of
$180,000.00.
That the Manager of Licensing be authorized to issue Ice Cream Vehicle Driver Licences to Mr.
Robert Green and Mr. Warren Eden; Driving Instructor Licences to Ms. Mary Maglicic and Mr.
Maurice Levesque; and a Hawker and Peddlars Licence to Mr. Sean Mosher.
That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Ms.
Janet Davidson.
That the existing encroachment agreement relative to the patio area of Stages (312 King Street W.)
be amended so as to allow for the operation of an outdoor barbecue in this area.
That Council endorse the recommendations of the Ad Hoc Municipal Licensing Committee contained
in a report dated June 19, 1992 from the Association of Municipalities of Ontario, subject to the
proviso that Recommendation No. 6 of the said report not apply to annual inflationary increases.
That office space on the lower level of the Registry Building (122 Frederick Street) be provided for
up to 18 months, at no cost, to the Senior Citizens Committee (Gofer Productions).
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (JUNE 19, 1992)
That with regard to the designated structure at 1070 Highland Road W., Mr. J. Wallace be directed
to further investigate the circumstances surrounding the fire which recently destroyed the building as
well as any deficiencies in securing the building as they relate to Building Code requirements, and,
That Mr. T.B. Stanley be directed to examine and report concerning the use of conditions in
subdivision agreements relative to grading, lotting and other planning issues designed to further
protect from demolition properties designated under the Ontario Heritaqe Act which are located on
lands scheduled for development, and further,
That the above reports be submitted to the Local Architectural Conservation Advisory Committee for
consideration at its meeting of August 7, 1992.
That pursuant to Section 29 of the Ontario Heritaqe Act the Clerk be authorized to publish a Notice
of Intention to designate the property known municipally as 1 Pequegnat Avenue as being of historic
and architectural significance, and further,
That the specific reasons for designation be those outlined in the report of Ms. B. Buchanan and Ms.
L. O'Krafka dated May 2, 1992.
That the report of the Regional Archaeologist dated May 26, 1992 concerning a visual
archaeological assessment of Part 3, Reference Plan 58R-7059, Wilfong Drive, be accepted as
information with no further action at this time concerning the recommendations therein.
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (JULY 3, 1992)
That pursuant to Section 33 of the Ontario Heritaqe Act the owner of 122 Frederick Street (former
Registry Building) be granted permission to replace the roof membrane and perimeter eave flashing
in accordance with Specification Drawing #2 from Tritech Consultants Limited dated June 19, 1992
COUNCIL M]NIXPES - 447 - JULY 13, 1992
and the report of Mr. P. Summers dated July 2, 1992.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
JULY 13, 1992
That the City purchase the property known as 265 Victoria St.S., Kitchener from Adrian and
Florencia Rosu for the sum of $92,500 plus legal and survey costs and the penalty to prepay the
vendors mortgage prior to its maturity date, with the funds to be advanced from the Sewer Surcharge
account, and further,
That the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor,
and further,
That the Land Purchasing Officer be authorized to enter into negotiations with all necessary property
owners in order to obtain easements regarding this sanitary sewer.
COMMITTEE OF THE WHOLE MINUTES
JULY 13, 1992
A. 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."
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER
1 .Appointment of Actinq Mayor
It was resolved:
"That in the absence of His Worship Mayor Cardillo, Alderman J. Ziegler be appointed Acting Mayor
for the period August 15th to August 20th, 1992 inclusive and Alderman T. Galloway
be appointed Acting Mayor for the period August 22nd to August 30th, 1992
inclusive."
2. Licenses
a)Bridgeport Community Recreation Association
It was resolved:
"That the
Bridgeport Community Recreation Association be granted permission to operate a
refreshment stand at Schaeffer Park on August 16, 1992, provided that the
necessary health approvals and licence are obtained."
b)Rotary Club of Kitchener
It was resolved:
"That the City of Kitchener has no objection to a Provincial Licence being issued to the Rotary Club
of Kitchener to conduct a raffle lottery on January 8, 1993 at the Kitchener
Memorial Auditorium."
c)Oscar's Amusement Co.
It was resolved:
"That Oscar's Amusement Co. be granted permission to operate a refreshment stand at the sidewalk
sale on King Street to be held July 15 - 18, 1992, provided that the necessary
health approvals and licence are obtained."
d)The Chip Stop
It was resolved:
"That Mr. Allan Parry be granted permission to operate a chip wagon -'The Chip Stop', at 4319 King
Street East, Kitchener, provided that the necessary health approvals and licence
are obtained and also that Section 500.2.13 pro-rata fees be applicable."
3.Agreements
a)Home Support Program for the Elderly
It was resolved:
COMMITTEE OF THE WHOLE
MINUTES
JULY 13, 199~
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
"That the Mayor and Clerk be authorized to execute an agreement with Her Majesty the Queen in
right of Ontario, as represented by the Minister of Community & Social Services
in
3.Aqreements {Cont'd)
a)Home Support Proqram for the Elderly (Cont'd)
the amount of $148,175. for continuation of the Home Support Program in Kitchener for the period
January 1, 1992 to December 13, 1992."
b)Lease - Roadway Packaqe System Ltd.
It was resolved:
"That the City consent to a lease from lan Matthew, In Trust to Roadway Package System, Ltd. for
the property described as Part 18 on Reference Plan 58R-5840 and municipally
known as 654 Trillium Drive, Kitchener."
4. Expropriation Settlement - Oriental Artshoppe Co.
It was resolved:
"That the City accepts the offer of Frank and Shirley Seto, c.o.b, as Oriental Artshoppe Co., set out
in the July 9, 1992 letter from their solicitor Steven Kay, to settle all their
expropriation claims respecting 222 King Street West for the all inclusive sum of
$4,270.00."
5.Special Event Desiqnation
It was resolved:
"That the City of Kitchener supports the Kiwanis Kaviliers hosting the Canadian Open Drum and
Bugle Corps Championships at Centennial Stadium, Kitchener, on Sunday, August
2, 1992 and recognizes this as a Special Community Event in connection with their
application to the Liquor Licence Control Board of Ontario for a special occasion
permit."
6. Tenders
It was resolved:
"That Expression of Interest E92-33, Consultant's Services, Geographic Information Study, be
awarded to Prior and Prior Associates Limited, Toronto, subject to a satisfactory
agreement being negotiated and an upset fee established."
- and -
"That tender T92-23, Fleet Vehicles Tractors) item #3, be awarded to Advance Construction
Equipment Limited, Kitchener, at their tendered price of $73,981. which includes
optional four wheel drive, plus taxes."
- and -
"That Tender T92-51, Dump Trucks and Snow Plow Equipment, be awarded to Kirby International
Trucks Ltd, Kitchener, at their tendered price of $462,822. including options, plus
taxes."
7.Execution of Final Release
COMMITTEE OF THE WHOLE
MINUTES
JULY 13, 199~
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
It was resolved:
"That the Mayor and Clerk be authorized to execute a final release pertaining to an accident which
took place at Weber & Victoria Streets, Kitchener, Ontario on or about February 28,
1992."
8.Habitat for Humanity - Daniel Avenue Project
This item was dealt with under delegations.
9.Quit Claim Deed - Ellis Avenue
It was resolved:
"That the City accept and register quit claim deeds with respect to Parts 1, 4, 5, 8 and 9 on Plan
58R-8030 for the confirmation of title to Ellis Avenue, as widened, and shall pay
reasonable legal costs with respect thereto."
10. Extension - MGR Properties Ltd.
It was resolved:
"That MGR Properties Ltd. be granted an extension from March 1, 1992 to August 1, 1992 to
commence construction at 675 Riverbend Drive in the Lancaster Corporate Centre,
and further,
That, in the event that the Royal Bank of Canada, the mortgagee of MGR Properties Ltd. gives notice
prior to December 31, 1992 to the City that it intends to take default proceedings at
675 Riverbend Drive, the City's right to a reconveyance under the restrictive
covenants to MGR's deed shall be held in abeyance for a period of one year
following the receipt of notice; and further,
That the City provide a letter in wording satisfactory to the City Solicitor to the mortgagee."