HomeMy WebLinkAboutCouncil Minutes - 1994-03-28COUNCIL\1994-03-28
COUNCIL MINUTES
MARCH 28, 1994 CITY OF KITCHENER
The Council of the Corporation of the City of Kitchener met this date with all members present.
On motion by Councillor M. Yantzi, the minutes of the regular meeting held on March 7, 1994, as mailed
to the Mayor and Councillors, were accepted.
A. COMMUNICATION REFERRED DIRECTLY TO FILE -
(1) Letter dated March 3, 1994 from the Grand River Conservation Authority enclosing 1994
Budget Estimates and supporting information, Financial Statements as of December 31,
1993, Minutes of the 1994 Annual Meeting held February 23, 1994; and, 1993 Annual
Report.
Councillor J. Smola disclosed a conflict of interest and his absence from the earlier discussion with
respect to the City's Retirement Incentive Program and Kitchener Firefighters which took place at the
Committee of the Whole meeting In Camera this date, as an immediate relative is a Kitchener Firefighter.
Moved by Councillor G. Lorentz
Seconded by Councillor C. Zehr
That clause 2 of the Community Services Committee report of this date be adopted.
Carried.
Mr. F.S. Graham, who is retiring as the Commissioner of Parks and Recreation, addressed Council and
referred to the past accomplishments of the Parks & Recreation Department and the challenges facing
the City both now and in the future. He complimented staff and Council on their efforts in delivering
quality services to the community.
Mr. Brent Clarkson, MacNaughton Hermsen Britton Clarkson, Planning Limited, appeared concerning
clause 1.A.9 of the Planning and Economic Development Committee report of this date relative to the
Gateway Business Park. Council was in receipt of correspondence from Mr. Clarkson dated March 23,
1994 including page 36 of the March 2, 1994 Planning and Economic Development Committee minutes
and clause 1 of the Planning and Economic Development Committee report of this date. Mr. Clarkson
explained that an error in the supplementary Planning report resulted in a motion of no action being put
before Council this date. He asked that the original March 2, 1994 Committee recommendation be
substituted for clause 1.A.9 of the report of this date.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That the following be substituted for clause 1.A.9 in the Planning and Economic Development
Committee report of this date:
"Gateway Business Park - Lot 1, Block 4, Registered Plan 1744 and Lots 1,2,3,4,5,8,9
and 10, Block 11, Registered Plan 1745
That subject to the completion of traffic and retail impact studies by April 21, 1994, Council
approve a Highway Commercial designation within the Gateway Business Park for the
clients of Mr. Brent Clarkson, MacNaughton Hermsen Britton Clarkson Planning Ltd. as
outlined in a presentation to the Planning and Economic Development Committee on March
2, 1994."
Carried.
Mr. Dean Zinken appeared to request that the clock tower from the former City Hall be erected in Victoria
Park. Mr. Zinken indicated that numerous local businesses have offered to sponsor the project, the cost
of which is estimated at $159,000. He also suggested that the clock mechanism be placed under glass
and be displayed in the new City Hall.
Councillor C. Zehr noted that he was impressed with Mr. Zinken's efforts to date and asked that Council
seriously consider the request.
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Mr. Zinken added that the bell from the former clock tower which is displayed in front of the Highland
Road Fire Station should be replated. He displayed drawings of the clock tower, which along with other
mementos will be offered for sale to raise funds. Councillor G. Lorentz asked whether Mr. Zinken is
confident the project can be completed without City funding. He replied in the affirmative and requested a
letter confirming Council's support which he would then make available to potential sponsors. Councillor
M. Yantzi advised that the Victoria Park 100th Anniversary Committee would like to see this project
considered for completion in 1996.
Moved by Councillor C. Zehr
Seconded by Councillor M. Wagner
That staff meet with Mr. Dean Zinken to discuss a proposal to reconstruct the old City Hall clock
tower in Victoria Park, and submit a report addressing funding options, reconstruction costs,
locations and project timing, and further,
That all of the above be on the understanding the project will be completed without City funds.
Carried.
Councillor M. Wagner advised that local heritage organizations may be willing to support this endeavour
and Councillor M. Yantzi suggested that funding options could include volunteer involvement by local
trades.
Ms. Denise Keelan presented Council with the Municipal Cup from the Royal Lifesaving Society of
Canada. She noted that this is the third consecutive year the City has won the Cup, and added that staff
at all levels of the Aquatic Section should be applauded for their efforts. Mayor D.V. Cardillo accepted
the Cup on behalf of Council.
Councillor G. Leadston introduced and welcomed the members and leaders of the 41st Lexington Scout
Group of Waterloo.
Mr. Jerry Vernhout appeared on behalf of Monarch Construction Ltd. and circulated a news release
relative to his company's water conservation program which is designed to save nearly 500,000,000 litres
of water a year through the installation of high efficiency toilets and showers. Mr. Vernhout encouraged
other builders in Waterloo Region to adopt similar programs. He noted that once implemented the
measures proposed by Monarch would result in savings of approximately $670,000 per year and lead to
reduced water processing costs. Mr. Vernhout encouraged the standard use of water saving products in
all new homes and suggested that new Subdivision Agreements should include a clause in this regard.
Councillor G. Leadston applauded the initiatives taken by Monarch and encouraged the K -W Home
Builders Association, through their President, Mr. Paul Britton, to take up the challenge. Councillor M.
Yantzi suggested that a similar presentation should be made to the Region of Waterloo. Councillor T.
Galloway questioned whether the City would have the legal authority to require installation of water
saving devices in its Development Agreements.
Moved by Councillor T. Galloway
Seconded by Councillor B. Stortz
That Council, through the Mayor, correspond with the K -W Home Builders Association in order to
encourage local builders to install water saving devices in all new homes, and that in addition,
Council correspond with the Province to request that the provision of water saving devices be
advanced in the Building Code.
Councillor B. Stortz suggested that Mr. Vernhout make a similar presentation to the full Regional Council
rather than one of its Committees. Mr. J. Wallace suggested that the Region of Waterloo would be the
most appropriate body to examine the possibility of requiring water saving devices through Development
Agreements.
The previous motion by Councillor T. Galloway, seconded by Councillor B. Stortz, to initiate
correspondence with the Home Builders Association and the Province was voted on and Carried.
Mr. Bruce Scheifele appeared on behalf of MTE Consultants Inc. and its employees and presented the
City with a framed print of the "City Plan for Greater Berlin". Mr. Scheifele advised that his firm, which had
participated in the reconstruction of College and Young Streets, approached the Arts Acquisition
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MARCH 28, 1994 _101- CITY OF KITCHENER
Committee with an offer to donate a reproduction of the original plan.
Mayor D.V. Cardillo thanked Mr. Scheifele and the employees of MTE Consultants Inc. and accepted the
plan on behalf of Council.
Councillor M. Wagner pointed out that MTE Consultants Inc. was one of the first organizations to make a
donation. He reminded Council that no art or artifacts have been put into the new City Hall at taxpayers
expense and encouraged other private contributors to come forward.
Mr. Samuel Head appeared on behalf of Canada Alloy Casting Limited to request that the land use
designation in the proposed Municipal Plan be changed from General Industrial to Heavy Industrial. He
explained that Canada Alloy is basically a foundry using sand in its manufacturing process. He
expressed concern that expansion plans for the site may be jeopardized by other proposed developments
in the area which may be incompatible with his clients Heavy Industrial operation. Mr. Head offered the
opinion that the General Industrial designation is an inappropriate description for the type of business
carried on by his client.
Mr. T.B. Stanley advised that when Council considered industrial designation in 1987 it implemented a
policy requiring a 300 metre distance separation from residential development. Canada Alloy is closer
than 300 metres to the Pioneer Park West Residential Development. Mr. Stanley read the special
provision currently attached to the General Industrial zoning for the property which allows foundry -related
uses and recognizes the existing operation. He cautioned that if Council agrees to the Heavy Industrial
designation, this would be inconsistent with past practice and would require MA Zoning. In addition, such
action would be contrary to the underlying philosophy of a number of areas in the City plan. Mr. Stanley
advised that staff is recommending that no action be taken on the request.
Councillor J. Ziegler asked whether Mr. Head's client is planning to sell a portion of their lands to another
heavy industrial user. Mr. Head replied in the negative indicating that Canada Alloy plans to expand its
operation and accordingly, people should be aware of the heavy industrial use in order to avoid future
problems. Mr. T.B. Stanley clarified that expansion of the existing facilities would be allowed based on
current use and pointed out that the Zoning By-law is clearly marked with a special use provision.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Leadston
That Council grant the request of Mr. S. Head on behalf of Canada Alloy Casting Limited to
change the land use designation in the Municipal Plan from General Industrial to Heavy Industrial
as outlined in correspondence dated March 21 1994.
Councillors C. Weylie and B. Stortz voiced opposition to the request and the latter pointed out that
changing the designation would have implications for the surrounding area. Mr. T.B. Stanley noted that a
hearing is scheduled with the Ontario Municipal Board relative to lands immediately to the south. He
added that when the 300 metre separation was proposed a number of property owners made similar
representations with the result that approximately 40 uses were recognized under circumstances similar
to those presented this date. He cautioned that by approving this request Council may be inviting other
similar requests. Mr. Stanley also noted that the arrangement previously adopted by Council is used as a
model relative to Ministry of the Environment policy.
Councillor T. Galloway noted that there is likely to be a conflict when lands adjacent to Canada Alloy are
sold. Though generally sympathetic to the request, Councillor Galloway suggested that the motion would
not resolve this problem. Councillor C. Zehr asked whether there are any restrictions on the subject lands
which would prohibit Canada Alloy from doing anything on the property which would be allowed under the
Heavy Industrial designation. Mr. T.B. Stanley replied that no such restrictions would apply to the existing
operation.
Councillor J. Ziegler expressed the opinion that the purpose of zoning is to assure people and that
anyone moving into the area should clearly understand the nature of a business or industry. He added
that Canada Alloy is the only industry that has come forward and expressed concern over the current
designation. Councillor B. Stortz noted that the nature of the operation has already been clarified through
the special policy and accordingly, a change in the designation is unnecessary and could create future
problems. Councillor C. Zehr added that the industry in question is physically located on the site and
accessible to anyone who is contemplating the purchase of lands in the area. Councillor M. Yantzi asked
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whether the applicant took steps to appeal the zoning in 1987 and Mr. T.B. Stanley replied in the
negative. Councillor T. Galloway explained that the company did not research the zoning in 1987
because the land adjacent were zoned M.3. He added that the present owner of these lands is
attempting to obtain commercial zoning (including restaurants), a move which Canada Alloy feels may be
problematic.
The previous motion by Councillor J. Ziegler, seconded by Councillor G. Leadston to grant the request for
a change in designation from General Industrial to Heavy Industrial was voted on and LOST.
Councillor T. Galloway asked whether the Director of Economic Development could approach Canada
Alloy and in conjunction with the Planning Division, work out a compromise which would allow a higher
level of comfort. Councillor J. Ziegler asked whether the warning provision could be reworded to
specifically indicate Heavy Industrial uses and Mr. T.B. Stanley replied that this would be difficult given
the wording of the existing provision, but that it could be discussed with Mr. Head. Mayor D.V. Cardillo
suggested that this item be returned to the Planning and Economic Development Committee at a future
date and Mr. Stanley agreed to take the request under advisement.
Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, Planning Limited, appeared on behalf of a
client wishing to erect a temporary sales pavilion on property referred to as the C.P. lands on Victoria
Street. Council was also in receipt of a written submission from Mr. Britton dated March 22, 1994.
Mr. Britton stated that a building permit would be required, but to the best of his knowledge, the request
complies with all other City provisions. He noted that the building permit restriction applies only to
permanent structures.
Moved by Councillor M. Wagner
Seconded by Councillor B. Stortz
That subject to obtaining the necessary building permit, Council grant the request of Mr. Paul
Britton for permission to erect a temporary sales pavilion on C.P. lands (Victoria Street) on the
understanding that installation of the sales pavilion is at the risk of Mr. Britton's client.
Carried.
Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, Planning Limited, appeared on behalf of
several clients and in support of clause 1.A.2 of the Planning and Economic Development Committee
report of this date dealing with adoption the City's Municipal Plan. Council was also in receipt of a written
submission from Mr. Britton dated March 22, 1994.
Councillor M. Wagner asked for clarification as to why Mr. Britton felt additional wording is required
relative to local street crossings at Tilt Drive, and expressed the opinion that this was redundant,
premature and unnecessary. Mr. Britton replied that Official Plan Amendment No.78 had been negotiated
and carried forward into the proposed Municipal Plan and shows a collector road crossing Tilt Drive. He
indicated that he would like confirmation that local roads can cross over Tilt Drive and noted that the
allowance had been downgraded from collector road to local street status. Mr. Britton stated that he
would be content with the wording "two street crossings" and requested assurances in the context of the
Official Plan.
Councillor T. Galloway agreed with the comment that the request is both premature and presumptuous
and pointed out that in all likelihood a collector road would cross Tilt Drive. Mr. Britton noted that the
Citizen Committee compromise did not specifically acknowledge the collector road crossing.
Councillor T. Galloway referred to clause 1.A.10 relative to Pioneer Tower West and indicated his
agreement with the wording. He added that he would propose an additional statement indicating that
processing of the amendment does not infer either support or rejection of the application. Mr. P. Britton
indicated his agreement with the additional statement.
Mrs. Jean Haalboom appeared concerning clause 1 of the Planning and Economic Development
Committee report of this date and circulated two handouts, one highlighting and annotating portions of
Official Plan Amendment (OPA) No. 78 and the second a memorandum from the Society for the
Preservation of Upper Doon dated March 28, 1994 requesting wording changes in two sections of the
subject clause.
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Mrs. J. Haalboom referred to the Scenic Roads Policy in OPA No.78, noting that entire statements had
been omitted by Mr. J. Wallace on the basis that they would confer special status on Tilt Drive. She
pointed out that it was her understanding Tilt Drive was already a special road. She asked that Council
consider the amendments proposed in the written submission of the Society for the Preservation of Upper
Doon. Mrs. Haalboom added that the additional wording contained in clause 1.A.2 of the Planning and
Economic Development Committee report relative to the crossing of Tilt Drive by local streets is
redundant. She added that such a statement is premature in the context of an Official Plan as this should
more appropriately be discussed at the time of subdivision approval. Mrs. Haalboom also pointed out that
the Kitchener Local Architectural Conservation Advisory Committee should be consulted as to the
wording since Tilt Drive is within the Upper Doon Heritage Conservation District.
Mr. Paul Britton indicated that he had no objection to the proposed changes involving Section 8.3.3
(No.9) of the Official Plan, however, Mrs. Haalboom's disagreement over the wording as it relates to local
streets crossing Tilt Drive underlines his concerns. Mr. Britton added that he had attempted to contact
Mrs. Haalboom in an attempt to discuss the revised wording.
Moved by Councillor M. Wagner
Seconded by Councillor T. Galloway
"That Section 8.3.3, No.9, i) and iii), page 2 - 85 of the Official Plan be amended in accordance
with the written request of the Society for the Preservation of Upper Doon dated March 28, 1994
as it relates only to the Scenic -Heritage Road status of Doon Village Road and Tilt Drive relative to
the Upper Doon Heritage Conservation District Plan."
Carried.
Councillor M. Wagner encouraged Council to reject the revised wording of Mr. Britton as contained in the
second part of clause 1.A.2 and endorse only the wording provided by staff. Councillor Wagner stated
that both staff and the Municipal Plan acknowledge that Tilt Drive is a Scenic Road and that its integrity
should be protected first and foremost. He added that Mr. Britton's request does not imply this status of
protection and that a future crossing will be allowed if it is deemed necessary at the time.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That clause 1.A.2 of the Planning and Economic Development Committee report of this date be
adopted.
Councillor T. Galloway noted that at the time the Upper Doon Heritage Conservation District Plan was put
in place, Tilt Drive was recognized as an integral part and suggested that it is unconscionable to change
OPA No.78 without discussions involving those individuals who supported the District Plan. He
suggested that steps should be taken to ensure consistency in the development and execution of the
District Plan. Councillor Galloway also noted that any changes to the buildings in the district require the
approval of Council and that the same should apply to roadways and scenic attributes.
Mayor D.V. Cardillo asked whether Tilt Drive would be backlotted and Mr. Stanley indicated this would
definitely be the case, adding that detailed corridor studies would be required. Councillor B. Stortz
offered the opinion that Council should clarify its intent relative to the Tilt Drive crossing.
Mr. T.B. Stanley advised that in his opinion the original staff wording was adequate and expressed
concern that the second part of clause 1.A.2 implies a direct road crossing, the need for which can only
be determined as a result of detailed planning. Councillor C. Zehr asked that the two parts of clause
1.A.2 be voted on separately.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That Council adopt the first part of clause 1.A.2 (Tilt Drive) of the Planning and Economic
Development Committee report of this date, namely:
"That Policy 8.3.3.9 (iii) page 2-85 include the phrase "to provide access to abutting lands"
as noted in PD 94/28."
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Carried.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That Council adopt the second part of clause 1.A.2 (Tilt Drive), namely, that policy 8.3.3.9 (iii)
page 2-85 include a revision pointing out that local streets can cross Tilt Drive to service other
lands.
Councillor B. Stortz asked for clarification of the request for a road crossing. Mr. P. Britton replied that it
was not his intention to discuss detailed design but to clarify that his client will be assured access to his
lands through one of two alternatives, local access to Tilt Drive, or an overpass over Tilt Drive. He
indicated his preference that vehicular access not be implied and be subject to a future Plan of
Subdivision. Mr. Britton added that if no such assurances are forthcoming, his client may have to suggest
that designation of Tilt Drive as a Scenic Road is premature. He asked that by resolution, the minutes
clearly state the City's intention to provide vehicular access to his clients' lands, and that he is willing to
work with the Local Architectural Conservation Advisory Committee in this regard.
The previous motion moved by Councillor C. Weylie and seconded by Councillor J. Ziegler to adopt the
second part of clause 1.A.2 was voted on and LOST.
1. Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That the report of the Planning and Economic Development Committee of this date be adopted.
It was noted that clause 1.A.12 (Implementation Strategies) was referred to Council this date for further
consideration. Council was in receipt of three documents outlining proposed rewording of the
implementation strategies, the first from Councillor J. Ziegler dated March 3, 1994, the second edited by
Councillor C. Zehr dated March 28, 1994 and the third unidentified and undated. Councillor J. Ziegler
advised that he was in agreement with the changes made by Councillor C. Zehr. Mr. J. Shivas indicated
that the wording in the third document addresses the concerns he raised at the March 21, 1994 Planning
and Economic Development Committee meeting. In response to a concern raised by Councillor M.
Yantzi, Mr. Shivas offered the opinion that the rewording does not give false hope but encourages senior
levels of government to adhere to the intent and spirit of the Official Plan to the extent that they develop
their own policies and procedures in this area. Councillor G. Leadston also suggested that the rewording
creates a false sense of security. By general consent it was agreed to insert the rewording provided by
Mr. J. Shivas this date as clause 1.A.12.
Councillor J. Ziegler asked that clause 3 be amended in response to the memorandum from Mr. T.
Boutilier dated March 25, 1994 asking for specific direction as to how Council dealt with the
Recommended Alternative for the Doon South Transportation and Network Corridor Study. The memo
also requests approval for an additional $6,700 expenditure relative to an evaluation of the "Modified D"
alternative.
Moved by Councillor J. Ziegler
Seconded by Councillor T. Galloway
That clause 3 of the Planning and Economic Development Committee report of this date be
amended so as to indicate that Council had specifically rejected the Recommended Alternative
(Revised Modified B) presented to the Planning and Economic Development Committee on March
21, 1994, and approving an additional expenditure of $6,700 relative to an analysis of the
"Modified D" alternative.
Carried.
The report of the Planning and Economic Development Committee of this date was then voted on clause
by clause.
Clauses 1.A.2 and 1.A.9 - Dealt with under delegations and
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Carried, as amended.
Clauses 1.A.10 and 1.A.12 - Carried, as amended.
Clause 1.C.4 - Carried.
Clause 3 - Carried, as amended.
Balance of report - Carried.
2. Moved by Councillor G. Lorentz
Seconded by Councillor C. Zehr
That the report of the Community Services Committee of this date be adopted.
Councillor G. Lorentz advised that with respect to clause 9 dealing with grant applications and approvals,
applicants would have the option of appealing to the Community Services Committee. Councillor M.
Yantzi questioned why the recommendation would in some instances specify that no action be taken on a
request while at the same time inviting further representations. He offered the opinion that the
recommendation is contradictory. Councillor G. Lorentz explained that the Committee Clerk had
expressed concern that no formal recommendation had been submitted to Council, and the organizations
had not been advised of the status of their applications. Mr. R.W. Pritchard suggested that Council could
take the position that it is notifying the organizations involved and extending a three to four week appeal
period during which additional representations could be made to the Community Services Committee or
Council. Councillor C. Zehr suggested that the recommendation be amended to indicate that where
applicable approval is being given subject to the normal appeal procedure.
Moved by Councillor G. Lorentz
Seconded by Councillor C. Zehr
That clause 9 of the Community Services Committee report of this date be amended to include the
phrase "subject to the normal appeal procedure".
Carried.
The report of the Community Services Committee was then put to a vote.
Voted on clause by clause.
Clause 9 - Carried, as amended.
Balance of report - Carried.
3. Moved by Councillor C. Zehr
Seconded by Councillor G. Lorentz
That the report of the Finance and Administration Committee (regular and special meetings -
March 21, 1994), of this date be adopted.
Mr. T. McKay drew Council's attention to the letter received from Mr. R. Charie, General Manager and
Secretary, Kitchener -Wilmot Hydro Commission dated March 28, 1994 requesting a grant from the City
under the Federal/Provincial Infrastructure Program for a proposed addition to the Commission's main
building and operations centre.
Moved by Councillor C. Zehr
Seconded by Councillor G. Lorentz
That clause 10 of the Finance and Administration Committee report of this date be amended to
reflect that no action be taken on the request of the Kitchener -Wilmot Hydro Commission as
outlined in correspondence dated March 28, 1994.
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Carried.
The report was then put to a vote.
Voted on clause by clause.
Clause 1 - Action deferred and referred to the April 25, 1994
Council meeting.
Clause 10 - Carried, as amended.
Balance of Report - Carried.
Withdrawal of Notice of Motion
Councillor J. Smola advised that he was withdrawing the Notice of Motion given by him at the February 7,
1994 meeting relative to a previous Council resolution involving the relocation of Route 8 bus service
from Union Street to Hartwood Avenue.
4. Moved by Councillor J. Smola
Seconded by Councillor M. Wagner
That the report of the Public Works and Transportation Committee of this date be adopted.
Carried.
5. Moved by Councillor J. Ziegler
Seconded by Councillor T. Galloway
That the report of the Environmental Committee of this date be adopted.
Councillor J. Ziegler referred to a recent presentation by representatives of Canada Trust concerning
their Green Account Program which has raised approximately $3,000,000 to date for use in
environmental projects. He also referred to the Kidney Car Program established by the Kidney
Foundation of Canada, whereby motor vehicles will be towed free -of -charge and an income tax receipt
issued for scrap or auction value.
The report of the Environmental Committee of this date was then voted on and Carried.
Councillor G. Lorentz enquired whether funds were still available for the replacement of City entrance
signs. Mr. T. McKay advised that at one time there was approximately $60,000 in the Economic
Development Department budget, but this has since been removed by Council and staff have made no
further plans. It was pointed out that the current signage is provided by the Province, however, staff can
review the situation and submit a costing proposal.
Councillor T. Galloway referred to the proposed widening of Homer Watson Boulevard and asked that the
issue of an entrance feature be placed on the appropriate Committee agenda. He suggested that the
Region of Waterloo may not assume that this is part of the project and may view such a feature as the
responsibility of the City. He suggested that a feature could be designed as part of the central median.
Councillor M. Wagner pointed out that the Parks & Recreation Department had been asked to review the
signage issue and has taken the request under advisement, but no report has been submitted. He
offered the opinion that the City is lacking something as regards entrance signage and that this issue
should be addressed.
Councillor G. Lorentz discussed the possibility of using the skate room or another unused location in the
City Hall as a temporary store from which surplus signage or other items could be sold. He asked that
this be pursued and an appropriate staff report submitted.
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Councillor J. Ziegler requested that discussion of the City Noise By-law be put on the May 2, 1994
agenda of the Finance and Administration Committee. He elaborated that the ability of staff to ticket
should be examined along with clear procedures under the by-law relative to specific types of complaints.
Councillor G. Leadston enquired as to the status of the Department of National Defence Project at
Knollwood Park and requested a staff report. Councillor B. Stortz asked that the City correspond with the
Department of National Defence asking them to state their position in writing.
Councillor B. Stortz asked that the by-law scheduled for three readings this date relative to the licensing
of street vendors in Victoria Park and at specific street intersections be amended.
Moved by Councillor B. Stortz
Seconded by Councillor M. Yantzi
That the by-law listed for three readings this date relative to licensing street vendors in Victoria
Park and at specific intersections be amended to indicate that daily operations will cease no later
than 1:00 a.m. rather than 12 midnight.
Carried.
Councillor C. Zehr read his proposed resolution concerning the possible elimination of the Toronto -
Kitchener -Sarnia route by VIA Rail and Transport Canada. Councillor Zehr agreed to a suggestion by
Councillor G. Lorentz that the motion be amended to change the words 'opposed in the strongest
possible manner" to "condemn".
Moved by Councillor C. Zehr
Seconded by Councillor J. Smola
WHEREAS VIA Rail and Transport Canada have indicated that the Toronto -Kitchener -Sarnia
route is one of the listed routes for possible elimination; and
WHEREAS passenger rail service was already reduced on this route in 1990; and
WHEREAS many residents from this community and visitors to this community rely on passenger
rail service; and
WHEREAS the elimination of passenger rail service could lead to the redundancy of the rail line in
its entirety; and
WHEREAS railways are a cost effective mode of public and freight transportation; and
WHEREAS the route in question provides annual tax revenues of approximately $506,000 to the
City of Kitchener, Regional Municipality of Waterloo and Boards of Education; and
WHEREAS the Regional Municipality of Waterloo is acknowledged to be one of the most
economically productive and fastest growing regions in Canada;
THEREFORE BE IT RESOLVED that the City of Kitchener condemns the elimination of any more
passenger rail service to this community and that copies of this resolution be distributed to the
President of VIA Rail, the President of Transport 2000, the Minister of Transport, local area
Members of Parliament and to the Mayors of Cities and Towns on the Toronto -Sarnia route."
Councillor J. Ziegler pointed out that the existing service is very inconvenient and operates at
inappropriate times. Councillor B. Stortz suggested that pressure should be put on VIA Rail to augment
the existing service to make it more appropriate and user friendly. Councillor M. Wagner offered the
opinion that what is needed is an enlightened and comprehensive assessment of transportation needs in
the Province, of which there is little evidence to date. Councillor M. Yantzi indicated his support of the
motion and suggested that the level of local transit service should also be examined. Councillor G.
Leadston suggested that Mr. George Bechtel should also be circulated with a copy of the resolution as a
courtesy. Councillor C. Zehr pointed out that Mr. Bechtel is aware and supports the resolution.
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The motion by Councillor C. Zehr seconded by Councillor J. Smola voicing the City's opposition to the
possible elimination of rail service was voted on and Carried.
Councillor M. Wagner asked that a report be submitted for discussion at the April 18, 1994 Public Works
and Transportation Committee meeting relative to any changes over last winter in the City's snow clearing
and salting procedures. He noted that these were to have been changed but there appears to be little
evidence of this and asked for clarification.
Councillor J. Smola reported that staff involved in the thawing of frozen water pipes are now working
normal hours as opposed to around the clock. He noted that there is a list of outstanding work and asked
what the City is prepared to do for individuals who are receiving their water via temporary hookup. Mr. T.
McKay indicated that he was not aware of the situation but would obtain a staff update. He reminded
Council of standing instruction that overtime is only to be worked in emergency situations, but added he
has not given specific instruction to staff to reduce the number of hours spent on thawing water pipes.
Councillor G. Lorentz suggested that the situation is unacceptable and that something should be done
this week. Councillor G. Leadston noted that Mr. McKay could be directed to treat frozen water lines as
an emergency situation. Mr. D. Suzuki reported that he was aware of some outstanding work, but noted
that the ground remains frozen and that as much of the work as possible is being addressed given the
available staff and equipment. He acknowledged that some homeowners are being inconvenienced and
that by way of compensation meters have been removed from the homes which are temporarily supplying
water to their neighbours so that in effect both residences are receiving water free. Mr. Suzuki
acknowledged that the only other solution would be to purchase more equipment and hire more staff
which is contrary to Council's direction. In response to a comment by Councillor M. Wagner that the
equipment is the main constraint, Mr. Suzuki pointed out that staff have approached K -W Hydro for
permission to use welding equipment, though this option has lead to house fires in the past. Councillor J.
Smola offered the opinion that the City should resume its previous practice of thawing pipes on a 24-hour
basis, and again questioned why this has been discontinued.
6. Moved by Councillor C. Weylie
Seconded by Councillor G. Leadston
That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) Being a by-law to name a certain laneway in the City of Kitchener (Union Lane)
(b) Being a by-law to readdress and renumber certain properties and premises in the City of
Kitchener (20 Union Lane, 1295 Courtland East and 1421 Victoria Street North)
(c) Being a by-law to renumber certain properties and premises on Bloomingdale Road in the
City of Kitchener
(d) Being a by-law to renumber a certain property and premise on Shirley Avenue in the City of
Kitchener
(e) Being a by-law to renumber a certain property and premise on Strange Street in the City of
Kitchener
(f) Being a by-law to renumber certain properties and premises on MacVille Avenue in the City
of Kitchener
(g) Being a by-law to provide for the establishing and laying out of part of Tagge Street as a
public highway in the City of Kitchener
(h) Being a by-law to exempt a certain lot from Part Lot Control - Lot 118, Registered Plan
1773 - Schueller Street
(i) To confirm all actions and proceedings of the Council
(j) Being a by-law to repeal a by-law and contents of a Chapter of the City of Kitchener
Municipal Code relating to Service Stations - Hours of Operation
(k) Being a by-law to license street vendors in Victoria Park and at specific street intersections,
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expiring December 31, 1994
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
D.V. Cardillo appointed Councillor M. Yantzi as chairman.
On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the
chair.
7. Moved by Councillor M. Yantzi
Seconded by Councillor G. Leadston
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.
Carried.
8. Moved by Councillor C. Weylie
Seconded by Councillor G. Leadston
That the by-laws listed on the agenda for third reading, namely:
(a) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a
special charge on classes of buildings that impose or may impose a heavy load on the
sewer or water system
(By-law No. 94-46)
(b) Being a by-law to close and sell part of a public highway known as Palmer Avenue in the
City of Kitchener
(By-law No. 94-47)
(c) Being a by-law to name a certain laneway in the City of Kitchener (Union Lane)
(By-law No. 94-48)
(d) Being a by-law to readdress and renumber certain properties and premises in the City of
Kitchener (20 Union Lane, 1295 Courtland Avenue East and 1421 Victoria Street North)
(By-law No. 94-49)
(e) Being a by-law to renumber certain properties and premises on Bloomingdale Road in the
City of Kitchener
(By-law No. 94-50)
(f) Being a by-law to renumber a certain property and premise on Shirley Avenue in the City of
Kitchener
(By-law No. 94-51)
(g) Being a by-law to renumber a certain property and premise on Strange Street in the City of
Kitchener
(By-law No. 94-52)
(h) Being a by-law to renumber certain properties and premises on MacVille Avenue in the City
of Kitchener
(By-law No. 94-53)
(i) Being a by-law to provide for the establishing and laying out of part of Tagge Street as a
public highway in the City of Kitchener
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(By-law No. 94-54)
(j) Being a by-law to exempt a certain lot from Part Lot Control - Lot 118, Registered Plan
1773 - Schueller Street
(k) To confirm all actions and proceedings of the Council
(By-law No. 94-55)
(By-law No. 94-56)
(1) Being a by-law to repeal a by-law and contents of a Chapter of the City of Kitchener
Municipal Code relating to Service Stations - Hours of Operation
(By-law No. 94-57)
(m) Being a by-law to license street vendors in Victoria Park and at specific street intersections,
expiring December 31, 1994
(By-law No. 94-58)
be taken as read a third time, be finally passed and numbered serially by the Clerk.
Carried.
On motion, the meeting adjourned.
.........................................................................................................................................
MAYOR CLERK
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -
1. That "Creating a Sense of Place, City of Kitchener Municipal Plan", considered March 2, 1994, be
adopted with the major text and map changes outlined in Staff Report PD 94/21 subject to
incorporation of the deferred items and new items outlined in Staff Report PD 94/28 and other
items which have been resolved as follows:
A. Deferred Items
1. Brigadoon Collector Roads and Biehn Drive
That the road alignment as shown on Map 5 for Biehn Drive extension remain the same
and that the street connection (Street C) to Biehn Drive be deferred until September, 1994
pending resolution of accessing the western portion of the Brigadoon area.
2. Tilt Drive
That Policy 8.3.3.9 (iii) Page 2-85 include the phrase "to provide access to abutting lands"
as noted in PD 94/28.
(As Amended)
3. Proposed Heavy Industrial Designation on Glasgow Street
That provided Mr. Magid can demonstrate to Council, before the approval of the Plan by
Regional Council, that he has made the necessary improvements to his property with
respect to fencing, parking, access, operations within the building, verification of water
problem, etc., Council may consider redesignation of his property to Heavy Industrial. A list
of improvements to be accomplished will be provided by Planning Department.
4. 24 Morrison Road and King Street East
That no action be taken on the request and no change be made to Map 5.
5. Stoltzhaur Farm
That no action be taken on the request and no change be made to Map 5.
6. Breslau Farms Limited - Huron Business Park
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That no action be taken on the request.
7. Huron Business Park
That no action be taken on the request of Mr. R. Hardie.
8. Property at the Corner of Bleams and Westmount Road - First Christian Reform
Church of Canada
That no action be taken on the request of Mr. John Heij.
9. Gateway Business Park - Lot 1, Block 4, Registered Plan 1744 and Lots 1,2,3,4,5,8,9
and 10, Block 11, Registered Plan 1745
That subject to the completion of traffic and retail impact studies by April 21, 1994, Council
approve a Highway Commercial designation within the Gateway Business Park for the
clients of Mr. Brent Clarkson, MacNaughton Hermsen Britton Clarkson Planning Ltd. as
outlined in a presentation to the Planning and Economic Development Committee on March
2, 1994.
(As Amended).
10. Pioneer Tower West
That the following wording be added to the first paragraph, Page 3-41 "...It is however,
acknowledged that an Official Plan Amendment has been submitted for the area and
accepted by Council for processing which may or may not result in changes. Acceptance
for processing does not infer either approval or rejection of the Amendment Application.
The special policies are under review as part of the comprehensive processing of the
Official Amendment and Draft Plans of Subdivision."
(As Amended).
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
11. Land Bounded by Margaret Avenue, Blucher Street, St. Leger Street and Louisa
Street
That the lands be redesignated from the proposed Medium Rise Residential to
Comprehensive Development Area and that the new policy outlined in report PD 94/28 be
added to Part 3 Section 11, Page 3-35.
12. Page 4-2, Policy 1.1.2 - Implementation Strategies
That the following be substituted under Plan Administration (1.1):
"In administering this Plan the following shall apply:
1. The policies of this Plan shall affect all development and use of land within the City.
2. It is recognized, however, that the City or any of its local boards as defined in the
Department of Municipal Affairs Act, the Regional Municipality of Waterloo, the
Hydro -Electric Commission of Kitchener -Wilmot, communications and transportation
systems owned or operated by or for the City and any agency of the Federal or
Provincial government may, for the purposes of the public service, use any land or
erect or use any building in any land use district. Notwithstanding the above, it is
the objective of City Council that the agencies of the Federal and Provincial
government adhere to the intent and spirit of this plan and establish policies and
procedures to do so.
3. The policies of this Plan shall apply to secondary schools operated by the Waterloo
County Board of Education or the Waterloo Region Roman Catholic Separate
School Board or any land or buildings used by communications or transportation
companies, the Hydro -Electric Commission of Kitchener -Wilmot or Ontario Hydro,
for executive or administrative offices or retail purposes.
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4. The City may recognize uses which exist at the time of the approval of this Plan and
which do not have a negative impact on the environment. This shall be done by
means of appropriate site specific zoning. Such zoning will permit only the specific
uses existing as permitted uses in addition to the uses permitted in the zone which
will ultimately implement the policies of the Plan for the general area concerned.
Such specific zoning shall not be considered to be in contravention of the policies of
this Plan and shall:
i) only be accomplished by a site specific zoning by-law which will incorporate
specific and appropriate regulations relative to the existing specific use and
site;
ii) be limited to the limits of the land owned at the time of the approval of this
Plan."
(As Amended)
13. Doon Pioneer Park Community Association
That the revised rewording of policies as outlined in report PD 94/28 be accepted and that
the other recommended actions under this item also be accepted.
14. SPUD
That the revised rewording of policies with respect to transportation issues as outlined in
report PD 94/28 be accepted subject to the inclusion of the following additional statement at
the end of item #2, "These are potential Scenic -Heritage Roads and are therefore subject
to Scenic -Heritage Road policies of the Plan".
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
15. Doon South Community
That the recommendation to redesignate land shown on Map 1 from Limited Service
Residential to Low Rise Residential be accepted.
B. New Items
1. Page 2-41, Policy 6.1.14 - Universal Access
That the revised policy rewording as outlined in report PD 94/28 be accepted.
2. Westmount Investments on Westmount Road
That no action be taken on the request concerning the redesignation of the property in the
Plan from Business Park to Open Space.
3. Deferral of Clause 8.3.3, #9 (iii)
That no action be taken on the request for deferral as the issue is dealt with in Policy 4,
Page 2-84 which applies to all Scenic Roads.
C. Other Items
1. Page 2-3, Policy 1.1.2 - Housing -Provide Variety and Integration
That the phrase "and cost efficient" be added in the second sentence after the words "seek
improved".
2. Page 3-44, Policy 19 - Caryndale
That the policy be revised to incorporate the request of Mr. M. Hasen asking that the
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REPORTS ADOPTED BY COUNCIL
cultural distinctiveness of the Caryndale Community be recognized in the Policy.
3. Page 2-57, 58, Policy 7.3.2 - Provincially Significant Wetlands
This matter was dealt with under the Doon South - Brigadoon Transportation Network and
Corridor Study and it was agreed that no change be made to Policy 7.3.2.5 since a motion
to substitute a requirement for an Environmental Assessment in place Environmental
Impact Study was lost.
4. Page 2-85, Clause 8.3.3 #9
That the following be added to the above:
11
9 i).... Doon Village Road is a scenic -heritage road within the Heritage
Conservation District of Upper Doon. The policies of the Upper Doon
Heritage Conservation District Plan shall also apply.
iii) ... Tilt Drive is a scenic -heritage road within the Heritage Conservation District
of Upper Doon. The policies of the Upper Doon Heritage Conservation
District Plan shall also apply."
That staff be instructed to refine maps where necessary and to make editorial changes to clarify
policies where appropriate.
2. That Zone Change Application 90/5/B/ZJ (Alpine Investments Limited) requesting a change in
zoning from Agricultural (A) according to By-law 4830 to Neighbourhood Shopping Centre Zone
(C-2) according to By-law 85-1 on Block K, Registered Plan 1335 and Part of Lot 5, Registered
Plan 1028, be approved, in the form shown in the proposed By-law attached, dated February 7,
1994.
It is the opinion of this Committee that the approval of this application is proper planning for the
City and is in conformity with the City's Approved Official Plan.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
3. That in reference to the Doon South - Brigadoon Transportation Network and Corridor Study,
Council reject the Recommended Alternative (Revised Modified B) presented by the Project Team
at the March 21, 1994 Planning and Economic Development Committee meeting, and instruct
Planning staff to evaluate the alternative "modified D" plan submitted by the Caryndale
Community. It is the objective of this Committee that the Caryndale Community Holdings and the
Scenic Roads not be bisected by a West -South Arterial Road, and if the "modified D" is not
acceptable with or without further modifications, then another alternative be developed which has
minimal impact on the existing Scenic Roads and which does not bisect Caryndale and/or
environmentally significant areas, and further,
That an additional expenditure of approximately $6,700 be approved relative to McCormick Rankin
evaluating "modified D" and that this amount be debited from the Lot Levy Account.
(As Amended)
4. That consideration of Staff Report PD 94/15 (Staff Recommendations related to the Doon South -
Brigadoon Transportation Network and Corridor Study and Official Plan Amendment Application
94/2) be deferred and referred to the meeting of the Planning and Economic Development
Committee to be held on June 20, 1994.
5. That consideration of Staff Report PD 69/93 (Update of Kitchener West Side Study Part 1 Report.-
Existing
eport:Existing Conditions and Land Needs and Staff Recommendations Concerning Official Plan
Amendments for Areas Located Beyond the Existing Urban Settlement Boundary) and the
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REPORTS ADOPTED BY COUNCIL
following Official Plan Amendments:
- OPA Application 94/1 - West Side Study.
- OPA Application 91/6 - Hesch Farm.
- OPA Application 90/6 - Cybau Holdings Inc.
be deferred and referred to the meeting of the Planning and Economic Development Committee to
be held on June 20, 1994.
COMMUNITY SERVICES COMMITTEE -
1. That a grant of $2,000.00 be approved in connection with the 1994 Twin Cities Civic Dinner.
2. That we approve a grant in the amount of $2,000.00 for the Ontario Municipal Personnel
Association in connection with their fall conference to take place in Kitchener from September 21-
23, 1994.
3. That we approve a grant in the amount of $5,000.00 for the Central Western Ontario District
Council of the Canadian Union of Public Employees in connection with their annual convention to
take place in Kitchener from May 25-28, 1994.
4. That the Parks & Recreation Department proceed in partnership with the Kitchener Minor Baseball
Association (KMBA) in the preparation of a proposal for the redevelopment of the sportsfield in
Lions Park.
5. That the Mayor & Clerk be authorized to sign & seal an agreement, as prepared by the Legal
Department, between the City of Kitchener and the Rockway Mennonite Association for continued
use of approximately 0.455 acres of land containing 53 parking spaces, used by Rockway Golf
Club, with the City to pay $2,300.00 annually and provide reciprocal golfing privileges to identified
students; and further,
That this agreement be renewed annually.
COMMUNITY SERVICES COMMITTEE - (CONT -D)
6. That the bleachers at Don McLaren Arena be replaced in 1994 at an estimated cost of $35,000,
with the money to be advanced from the capital reserve fund.
7. That we renew the grass cutting service contract with K -W Habilitation Services for 1994, at a total
estimated cost of $29,943.00.
8. That the Facility Booking Guidelines for Non -Profit Groups as presented to the Community
Services Committee on March 21, 1994, be approved.
9. That subject to the normal appeal procedure, the 1994 grant applications as presented to the
Community Services Committee on January 31, 1994 be approved as submitted save and except
for the following:
That the K -W Habilitation Services be awarded a grant in the amount of $4,500.00 which
represents a 0% increase over the 1993 grant; and further,
That the Kitchener Horticultural Society be awarded a 1994 grant in the amount of
$106,590.00 which represents a 0% increase over their 1993 grant; and further,
That Kitchener -Waterloo Oktoberfest Inc. be awarded a 1994 grant in the amount of
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REPORTS ADOPTED BY COUNCIL
$24,531.00, which represents a 0% increase over their 1993 grant; and further,
That the Regional Arts Council be awarded a 1994 grant in the amount of $7,678.00, which
represents a 0% increase over their 1993 grant; and further,
That the Central Ontario Development Riding Program be awarded a 1994 grant in the
amount of $6,395.00, which represents a 0% increase over their 1993 grant; and further,
That no action be taken on the request of the K -W Working Centre for a 1994 grant; and
further,
That the K -W Regional Folk Arts Multicultural Centre be awarded a 1994 grant in the
amount of $10,659.00, which represents a 0% increase over their 1993 grant; and further,
That the K -W Regional Folk Arts Multicultural Centre be invited to attend the Community
Services Committee to give a presentation; and further,
That the K -W Chamber Orchestra be awarded a 1994 grant in the amount of $1,020.00,
which represents a 0% increase over their 1993 grant; and further,
That a grant in the amount of $39,500.00 be awarded in 1994 for neighbourhood
association printing; and further,
That no action be taken on the request of the House of Friendship for a grant in 1994 in the
amount of $4,000.00; and further,
That the House of Friendship be invited to attend a Community Services Committee
meeting to provide more details in this regard; and further,
That the K -W Weavers and Spinners Guild be awarded a 1994 grant in the amount of
$500.00, which represents a 0% increase over their 1993 grant; and further,
That the grant to the St. Mary's General Hospital in the amount of $10,525.00 be split
between the years of 1994 and 1995; and further,
That Artsfest'94 be awarded a 1994 grant in the amount of $3,270.00; and further,
COMMUNITY SERVICES COMMITTEE - (CONT -D)
That no action be taken on the request of Theatre & Company for a 1994 grant; and further,
That Theatre & Company be invited to attend a Community Services Committee meeting
and make a presentation in this regard; and further,
That no action be taken on the request of Numus Inc., Canadian Office Association,
Foodbank of Waterloo Region, The 45+ Group, and Conestoga College for grants in 1994.
(As Amended)
FINANCE AND ADMINISTRATION COMMITTEE -
1. That subject to staff being satisfied that all health, safety and other standards of compliance have
been met, Council grant the request of Dandy's Restaurant, 87 King Street West, for permission to
operate a sidewalk patio in 1994 as outlined in the written submission of Mr. E. Dyck dated March
2, 1994, and,
That subject to the above the Mayor and Clerk be authorized to execute an Encroachment
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REPORTS ADOPTED BY COUNCIL
Agreement satisfactory to the City Solicitor, and further,
That the owner be advised that the privilege of operating a sidewalk patio can be withdrawn by the
City's Chief Administrator upon receipt of validated complaints or compliance problems. (Action
deferred and referred to the April 25, 1994 Council meeting).
2. That Council accept the report of Ms. D. Arnold dated March 16, 1994 and confirm its decision of
February 7, 1994 that no action be taken to expressly permit the keeping of Vietnamese pot-
bellied pigs as pets.
3. That Council approve, in principle, the City's use of the INTERNET information service, and that
the matter be referred to Management Committee for a full implementation report.
4. That Council approve, in principle, the establishing of a FREENET information network to be
organized Region -wide, and further,
That staff be directed to initiate discussions in this regard with representatives of local government
bodies and related organizations.
5. That Council endorse the proposal of the Kitchener Downtown Business Association involving
payment of the remaining $5,000.00 of a $25,000.00 pledge relative to Civic Square ice cleaning
equipment in two $2,500.00 installments (1995 and 1996), as outlined in the letter from Ms. N.
Brawley, Executive Director, dated February 24, 1994.
6. That in 1994 and subsequent years new retirees, long service employees and award recipients
along with their spouses/companions be invited to attend the annual Employee Recognition
Dinner with all related costs to be paid by the City, and,
That all past retirees and their spouses/companions be invited to attend Employee Recognition
Dinners, but at their own expense, and further,
That staff investigate options for reducing the cost of awards given in conjunction with the Dinner.
7. That the Mayor and Clerk be authorized to sign an agreement with the Kitchener Public Library
Board involving the lease of retail space in Kitchener City Hall for the Government Publications
Bookstore, subject to the satisfaction of the City Solicitor and as per the draft dated March
11,1994.
FINANCE AND ADMINISTRATION COMMITTEE - (CONT -D)
8. That consideration of a damage claim by the occupant of 1026A Guelph Street resulting from a
water main break be deferred to the April 18, 1994 meeting of the Finance and Administration
Committee pending receipt of a staff report.
9. That June 27 -July 3, 1994 (inclusive) be declared a period of Civic Celebration in the City of
Kitchener with regard to the Multicultural Festival and associated activities to be held in Victoria
Park, July 1-3, 1994, and further,
That this event be considered a "Community Festival" within the City, and notwithstanding Chapter
548 (Hawkers and Pedlars) of the City of Kitchener Municipal Code be declared a "Retail
Exhibition" for 1994 only.
10. That the City of Kitchener make application for grants under the Federal -Provincial Infrastructure
Program totalling $1,600,000.00 relative to the projects listed in the report of Mr. J. Gazzola dated
March 16, 1994, and,
That the City undertake the works shown in Table 1 of the report of Mr. B. Liddle dated March 17,
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1994, with applications in this regard being submitted jointly with the Regional Municipality of
Waterloo, and,
That the Capital Forecast be amended to insure a net 0% tax impact in the year a project is
undertaken, and further,
That no action be taken on the request of the Kitchener -Wilmot Hydro Commission for a grant
under the Infrastructure Program in the amount of $400,000 relative to a planned addition to the
Commission's main building and operations centre.
(As Amended)
11. That Council approve, in principle, the establishing of an Ethno-Cultural Advisory Committee as
outlined in the memorandum of Councillor T. Galloway dated March 16, 1994 pending receipt of
additional detailed information on the role of the committee and its relation to City programming
and costs.
12. That Council repeal Chapter 485 (Service Stations - Hours of Operation) of the City of Kitchener
Municipal Code with the deregulation of hours to take effect the date the repealing by-law is
enacted.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
1. That, effective March 30, 1994, two (2) afternoon trips be added to Route 18 - Guelph Street; and
further,
That, effective June 20, 1994, Route 18 - Guelph Street provide 30 minute service between 6:30
a.m. and 5:00 p.m., Monday to Friday; and further,
That, after a six (6) month trial period, if Route 18 - Guelph Street does not meet the minimum
performance standards of a 25% cost recovery ratio or 20 boardings per hour, the following
options be considered:
- Route 8A be diverted along Hartwood Avenue between Margaret Avenue and Weber
Street to provide service to Custom Trim and the Canada Employment Centre Office, and,
- Route 18 - Guelph Street be replaced by a form of a community bus; and further,
PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT -D)
1. (Cont'd)
That the following additional funds be allocated for the remainder of 1994 and on an annualized
basis:
Index Code
1994 Budget
Annual Basis
930057 Route Revenue
$10,000.00
$19,000.00
930206 Driver Wages
23,000.00
43,500.00
930156 Fuel & Parts
7,700.00
14,500.00
Total Net Cost
$201 700.00
$39, 000.00
2. That, in conjunction with the construction
of the Schneider Trunk Sanitary Sewer on Bedford Road,
Borden Avenue, Dundas Street and Hurst Avenue between Bedford Road and Palmer Avenue, that
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the contractor and his/her sub -contractors be permitted to carry out construction activities between
the hours of 6:00 a.m. to 6:00 a.m. the next morning and on weekends from May 2, 1994 to October
31, 1994, notwithstanding the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal
Code.
3. That the Ministry of Transportation for the Province of Ontario and its Contractor(s) be exempt from
the provisions of Chapter 450 (Noise), Article 6 (Construction Work) of the City of Kitchener
Municipal Code during the construction of median barriers on the Kitchener -Waterloo Expressway
between Frederick Street and Lancaster Street commencing in July 1994 and ending in June 1995,
Monday to Saturday.
ENVIRONMENTAL COMMITTEE -
That we undertake a phased indepth review of each of the Main Functional Areas within the City of
Kitchener Strategic Plan for the Environment. It is intended that this review will initiate a cycle of on-
going review thereafter at regular Environmental Committee meetings.
Further, that while such review will identify those initiatives now completed, it should focus on those
activities that have not been initiated, activities that should be revised and what new activities could
be added to the Plan.
Further, that the review have regard to programs of an "Outreach" nature involving the community,
as well as programs which can be addressed "In house".
And further, that issues be brought before the Committee based on priorities and seasonal
considerations.
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COMMITTEE OF THE WHOLE
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. Licences
It was resolved:
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Waterloo County Shrine Club Inc. to conduct a Monte Carlo event at the Kitchener
Memorial Auditorium, Kitchener on June 3, 1994."
- and -
"That the Fellowship Christian School be granted permission to operate a Garage Sale
and Refreshment Stand at C.N. Weber Limited, 675 Queen Street South, Kitchener on
May 7, 1994, provided that the necessary Health approvals and licence are obtained."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Muscular Dystrophy Association of Canada, to conduct a Monte Carlo event at the
Brunswick Frederick Lanes, Kitchener on May 20 -May 22, 1994 inclusive."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Ventures Drum and Bugle Corps, to conduct a Monte Carlo event at the Valhalla Inn,
Kitchener on July 22-24, 1994, inclusive."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the K-
W Region Elks Lodge #578, to conduct a Monte Carlo event at the Holiday Inn,
Kitchener on July 1 -July 3, 1994, inclusive."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Edelweiss
Tavern, 300 Doon Village Road, Kitchener on May 12-14, 1994, inclusive.
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kiwanis Club of Kitchener -Waterloo, to conduct a Monte Carlo event at the Conestoga
Inn (Howard Johnson), Kitchener on June 10-12, 1994 inclusive."
2. Volunteer Week 1994
It was resolved:
"That in conjunction with the Proclamation of Volunteer Week in Kitchener from Sunday,
April 17th to Saturday, April 23rd, 1994, the City Clerk be authorized to direct
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B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
2. Volunteer Week 1994 (Cont'd)
the imprinting of mail processed through the City's postage meter during the month of
April with the message: "Volunteering - A Great Way to Grow". It being understood that
any costs associated herewith will be charged to the Parks and Recreation Department."
3. Tag Day
It was resolved:
"That the City of Kitchener approves of the Canadian Cancer Society, Kitchener -Waterloo
Unit, holding its 15th annual Air Cadets Scott Wilson Tag Day for Cancer in Kitchener on
Saturday, April 23, 1994."
4. Quit Claim Deed - FAIRVIEW WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights
of the City contained in Instrument No. 246471 registered October 29, 1962 respecting
Part Lots 5 and 7, Registered Plan 757, Part Lot 98, Registered Plan 1029 and Block I,
Registered Plan 1221, designated as Part 1 on Reference Plan 58R-765 and municipally
known as 175 Siebert Avenue, Kitchener."
5. Encroachment Agreement - Renewals - CENTRE WARD
It was resolved:
"That subject to receiving a 1994 Public Hall Licence and a 1994 Restaurant Licence from
the Manager of Licensing and receiving approval from the City of Kitchener Fire
Department and the Waterloo Regional health Unit regarding the hotdog car, the Mayor
and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City
Solicitor, with the owner(s) of the restaurant/night club known as Stages to extend their
restaurant licence to include the operation of a sidewalk patio on a portion of the sidewalk
directly in front of 312 King Street West and the operation of a hotdog cart at a designated
area on the sidewalk within the sidewalk patio, for the 1994 season."
- and -
"That subject to receiving approval from the City of Kitchener Fire Department and the
Waterloo Regional health Unit, the Mayor and Clerk be authorized to execute an
Encroachment Agreement satisfactory to the City Solicitor with the owner(s)/operator(s) of
Mr. Submarine to extend their restaurant licence to include the operation of a hotdog cart
on the sidewalk in front of the restaurant located at 48 King Street West for the 1994
season."
- and -
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"That the Mayor and Clerk be authorized to execute an Encroachment Agreement
satisfactory to the City Solicitor, with the owner(s) of Big City Donuts to permit the use of
six (6) feet, more or less, of sidewalk directly in front of Big City Donuts, located at 24
Gaukel Street, for the operation of a sidewalk patio for the 1994 season."
WT OE
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B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
5. Encroachment Agreement - Renewals - CENTRE WARD (Cont'd)
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement
satisfactory to the City Solicitor, with the owner(s) of Especially Coffee to permit the use of
six feet, six inches (6' 6") of sidewalk directly in front of Especially Coffee, located at 10
King Street East, for the operation of a sidewalk patio for the 1994 season."
WT OE
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement
satisfactory to the City Solicitor, with the owner(s) of Slices Restaurant Inc. to permit the
use of 11.7 feet of sidewalk directly in front of Slices Restaurant, located at 300 King
Street West, for the operation of a sidewalk patio for the 1994 season."
- and -
"That, subject to receiving a 1994 Restaurant Licence from the Manager of Licensing, the
Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to
the City Solicitor, with the owner(s) of Sports Cafe to permit the use of four (4) feet of
sidewalk directly in front of Sports Cafe, located at 102 King Street West, for the operation
of a sidewalk patio for the 1994 season."
- and -
"That, subject to receiving approval from the City of Kitchener Fire Department and the
Waterloo Regional Health Unit, the Mayor and Clerk be authorized to execute an
Encroachment Agreement satisfactory to the City Solicitor with the owner(s)/operator(s) of
Sol -Mar Restaurant to extend their restaurant licence to include the operation of a hotdog
cart on the sidewalk in front of the restaurant located at 323 King Street West to be
operated for the 1994 season."
6. Tenders
It was resolved:
"That tender T94-5, Shanley Street Reconstruction (Moore Avenue to Duke Street) and
Waterloo Street Reconstruction (at Victoria Street), be awarded to J. Weber Contracting
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Limited, Breslau, Ontario at their tendered price of $478,478. (including G.S.T.)"
WT OE
"That tender T94-17, Watermain Cleaning, be awarded to Canadian Pipeline Cleaning
Inc. of Concord, at their tendered price of $106,930.20 including G.S.T."
- and -
"That tender T94-21, Ready Mixed Concrete, be awarded to Raith Ready Mix, Kitchener
at their tendered price of $90,247.50, plus G.S.T. and P.S.T."
7. Request to Fly Flags at Half Mast
Council was in receipt of a letter from Mr. J. Sweeney, President of the Kitchener -Waterloo -
Cambridge Injured Workers Group, dated March 3, 1994 requesting that flags on City
buildings be flown at half mast in conjunction with the National Day of Mourning proclaimed by
the Federal Parliament.
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B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
7. Request to Fly Flags at Half Mast (Cont'd)
It was resolved:
"That Council grant the request of Mr. J. Sweeney, President of the Kitchener -Waterloo -
Cambridge Injured Workers Group, that flags on City -owned and operated buildings be
flown at half mast on April 28, 1994 as a sign of respect for workers who lost their lives
due to an industrial accident/disease."
8. Kitchener Downtown Business Association -1994 Operating Budget
It was resolved:
"That the 1993 Operating Budget of the Kitchener Downtown Business Association, as
approved by their Board of Management, in the amount of $345,123. be ratified and levied
pursuant to Chapter 70 (Downtown Improvement Area, Board of Management) of the
City's Municipal Code."
9. Resolution - City of Etobicoke
Council was in receipt of correspondence from the City of Etobicoke requesting endorsement
of a resolution approved by its Council on February 28, 1994 concerning removal of the
Provincial tax for the tourism/hospitality industry.
It was resolved:
"That Kitchener City Council endorse the resolution adopted by the Etobicoke City
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Council on February 28, 1994 requesting a reduction in the Provincial tax for the tourism
and hospitality industry as outlined in correspondence from Mr. R. Gillespie, City Clerk,
dated March 10, 1994, and further,
That a copy of Kitchener's supporting resolution be forwarded to the Ministry of Culture,
Tourism and Recreation."
10. Purchase of Vacant Lands - FAIRVIEW WARD
It was resolved:
"That the City submit an offer to C.N. Railway to purchase approximately 5.95 acres of
vacant land between Balzer Road and Manitou Drive, Kitchener for the sum of $25,000.00
plus survey and legal costs, and further,
That the Mayor and Clerk be authorized to execute the necessary documentation as
required by the City Solicitor."
11. Transit Safetv
Council was in receipt of an information report from Mr. W. Beck relative to safety issues and
a recent Transit fatality. It was noted that Councillor J. Ziegler had requested that staff
recommend a public meeting format to address the issue of Transit safety.
Councillor J. Ziegler indicated his willingness to act as a moderator at the public meeting and
proposed a date in late April or early May. Mr. R. Freeborn suggested that any public meeting
await the Coroner's decision on an inquest, and suggested it may be premature to hold a
public meeting at this time. Councillor Ziegler replied that he viewed the public meeting as
dealing with general bus safety issues and as being independent of any inquest.
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11. Transit Safety (Cont'd)
He suggested that the purpose of the meeting would be to hear and address public concerns.
Mr. T. McKay suggested that the Board of Education Walk Distance Policy should not be dealt
with at the proposed public meeting, and that this issue should be addressed by the Board
rather than the City.
Mr. J. Shivas pointed out that staff have already considered a number of safety issues, and
referred to a recent survey which indicates Kitchener Transit has the lowest passenger injury
rate in Canada. He suggested that the proposed meeting is premature under the
circumstances as the City has already received notice of a lawsuit. He offered the opinion that
Council should await the inquest decision, which could come as early as next month. He also
pointed out that the traffic related charge must be dealt with prior to any inquest. Councillor B.
Stortz agreed with the comments of Mr. Shivas and added that a meeting should be held as
soon as possible once the issues of an inquest and litigation are resolved. Councillor J.
Ziegler asked that a meeting be deferred until the issue of an inquest is resolved, but should
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not await the outcome of litigation.
It was resolved:
"That staff arrange a public meeting to address the issue of Transit safety as soon as
possible either after an inquest is held or when the City is advised that there will be no
inquest."
Mr. T. McKay suggested that Councillor J. Ziegler, as moderator, could address the issue of
meeting timing.
12. Raffle Lottery Request
Council was in receipt of a request from Ms. Maria de Boer, President, Reaching Our Outdoor
Friends (ROOF), for permission to conduct a raffle lottery as a fundraiser.
They were also in receipt of a recommendation from Mrs. J. Koppeser dated March 24, 1994.
It was resolved:
"That Reaching Our Outdoor Friends (ROOF) of Kitchener, 43 Cedar Street North,
Kitchener, be granted permission to obtain a Raffle Lottery Licence for a draw in July of
1994."
13. Land Purchase - Huron Business Park
It was resolved:
"That the City waives its right to repurchase Part 30, Reference Plan 58R-5668 and
consents to its sale from Gedja Holdings Incorporated In Trust and Lotzmann Holdings
Incorporated In Trust to Joe Sukola, K.S.K. Framing Construction Ltd., provided that, in
consideration for the foregoing, Gedja Holdings Incorporated In Trust and Lotzmann
Holdings Incorporated In Trust imposes the City's standard restrictive covenants in the
Deed to Joe Sukola, K.S.K. Framing Construction Ltd. and the City joins in the Deed
thereto."
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B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT -D)
14. Access to Information - Solicitor/Client Privileae
It was resolved:
"That notwithstanding the resolution adopted by Council on August 13,1990 delegating all
rights, powers and duties of the Head under the Municipal Freedom of Information and
Protection of Privacy Act to the Commissioner of General Services and City Clerk, Council
shall retain the sole right to waive solicitor -client privilege and the sole responsibility for
exercising discretion in the invoking of the exemption under Section 12 of the Act."
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- and -
"That having considered the circumstances and submissions surrounding information
access request #FOI 004/93 as they relate to the documents for which solicitor -client
privilege has been claimed by the Commissioner of Legal Services and City Solicitor, and
having considered the question of discretion pursuant to the exemption under Section 12
of the Municipal Freedom of Information and Protection of Privacy Act, the Council of the
Corporation of the City of Kitchener upholds said claim and directs that no action be taken
to waive solicitor -client privilege with respect to any of Records #1,2,3 and 4 (or any parts
thereof) so identified in the Information and Privacy Commission's Interim Order #M-286
(March 11, 1994)."
- and -
"That having considered the circumstances and submissions surrounding information
access request #FOI 005/93 as they relate to the documents for which solicitor -client
privilege has been claimed by the Commissioner of Legal Services and City Solicitor, and
having considered the question of discretion pursuant to the exemption under Section 12
of the Municipal Freedom of Information and Protection of Privacy Act, the Council of the
Corporation of the City of Kitchener upholds said claim and directs that no action be taken
to waive solicitor -client privilege with respect to Records #1,2,3,4 and 5 (or any parts
thereof) identified in the Information and Privacy Commission's Interim Order #M-285
(March 11, 1994)."
15. Restrictive Covenants - 200 Trillium Drive
Council was in receipt of a report from Mr. J. Shivas dated March 28, 1994 recommending that
the City confirm compliance with the restrictive covenants.
It was resolved:
"That the City confirm that as of March 28, 1994 the property described as Part 22 on
Reference Plan 58R-1111 and municipally known as 200 Trillium Drive, Kitchener
complies with the restrictive covenants contained in Instrument No. 534629."