HomeMy WebLinkAboutCouncil Minutes - 1996-08-12COUNCIL\1996-08-12
AUGUST 12, 1996
COUNCIL MINUTES
CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
The meeting began with the singing of "O Canada" by Ms. Carrie Bureaux of King School of Vocal and
Dance.
Mayor R. Christy thanked Ms. Bureaux for her rendition of the National Anthem.
On motion by Councillor John Smola, the minutes of the regular meeting held on July 2, 1996, and
special meetings held July 2 and August 6, 1996, as mailed to the Mayor and Councillors, were accepted.
A. COMMUNICATIONS REFERRED DIRECTLY TO FILE -
(a)
(b)
Letter from Mayor Victor M. Power, City of Timmins, thanking Council for its generous
contribution towards the Timmins Flood Disaster Relief Fund.
1995-1996 Annual Report of the Environmental Assessment Board.
B. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE -
(a)
Letter dated August 7, 1996 from Mr. R.W. Pritchard, Commissioner of General Services &
City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes -
August 12, 1996 Hearing.
Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the
tenders listed on the Committee of the Whole agenda of this date.
Councillor Jake Smola referred to Tender T 96-60 - Electrical Alterations for the Block Line Sportsfields
and questioned if it was standard practice to take into consideration the payment discount offered by
bidders. Mr. Gordon responded that the terms of payment on the tender document are purposely left
blank to allow bidders to specify what payment terms they expect, as well as to offer a discount for
payment within a specified time if they choose.
Councillor K. Redman requested an explanation of the City's road salting policy in connection with Tender
T 96-54 particularly as to why other less harmful products are not utilized. Mr. S. Gyorffy advised that
while there are some alternatives available, they are much more costly and not as effective as sodium
chloride. Councillor M. Wagner publicly thanked staff for the measures they have taken to economize to
a greater extent each year on the application of road salt on City streets.
Councillor J. Ziegler enquired what area of the City Tender T 96-70 for gas pipeline construction applied
to and Mr. Gordon advised that he will provide this information to Councillor Ziegler. Councillor Ziegler
questioned if the architect being recommended in regard to Tender E 96-59 - Expression of Interest for
architect services for the Country Hills Community Centre had previously built any community centres and
Mr. Gordon advised that the firm had done both the Courtland Community Centre and the Victoria Hills
Community Centre.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
.... That tender T96-14, Louisa Street Reconstruction (Moore Avenue to Weber Street), be awarded
to J. Weber Contracting Limited, Breslau, Ontario at their tendered price of $638,638. (including
G.S.T. and P.S.T.)."
- and -
"That tender T96-62, Stirling Avenue Overpass, be awarded to Steed and Evans Limited,
Kitchener, Ontario at their adjusted tender price of $80,240.30 (including G.S.T. and P.S.T.)."
- and -
"That tender T96-64, Site Servicing - 4553 King Street East, be awarded to Cecil Shaver Limited,
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Brantford, Ontario at their tendered price of $78,294.38 (including G.S.T. and P.S.T.)."
- and -
"That tender T96-60, Electrical Alterations - Blockline Sportsfields, be awarded to Harold Stecho
Electric Limited, Waterloo at their tendered price of $64,590., plus GST."
- and -
"That tender T96-54, Highway Coarse Salt, be awarded to Sifto Canada Inc., Mississauga at their
tendered price of $815,382.90, all taxes included."
- and -
"That tender T95-58, Repairs to Protestant Mausoleum - Woodland Cemetery, be awarded to
George and Asmussen Limited, Kitchener at their tendered price of $177,440., plus G.S.T."
- and -
"That Expression of Interest E96-59, Architect Services - Country Hills Community Centre, be
awarded to Snider Reichard March Architects, Waterloo, subject to a satisfactory agreement being
negotiated and an upset fee established. The estimated cost of the project is $93,750., plus
G.S.T."
- and -
"That tender T96-69, Residential Water Heaters, be awarded as follows:
40, 50 & 75 Gallon Conventional and 60 Gallon Power Vent Water Heaters to GSW Water
Heating Company, Fergus at their tendered price of $996,597.50, plus Heat Traps, G.S.T. and
P.S.T.
60 Gallon Conventional and 40, 50 & 75 Gallon Power Vent Water Heaters to Rheem Canada
Ltd., Hamilton, Ontario at their tendered price of $705,600., plus Dialectric Unions, G.S.T. and
P.S.T."
- and -
"That tender T96-70, Gas Pipeline Construction, be awarded to Cliffside Utility Contractors,
Scarborough, Ontario at their tendered price of $1,621,347.24 (including G.S.T. & P.S.T.)"
- and -
"That tender T96-4, Slurry Seal Resurfacing, be awarded to Norjohn Limited, Thorold, Ontario at
their tendered price of $73,375.25, which includes G.S.T."
Carried.
Mayor R. Christy called on Councillor T. Galloway to make a presentation of a certificate and plaque in
recognition of the Doon Pioneer Park Community Association involvement with the Sprayground currently
being built at the Doon Pioneer Park. Councillor Galloway called on Pat Nippel whom he presented with
a certificate signed by the Mayor expressing the City's appreciation to her for all of her work on the
Sprayground project and for her efforts in fund-raising to complete the project. He noted that originally
Mrs. Nippel had requested City participation to match a $15,000 contribution from the community and she
had guaranteed that any shortfall would be made up through additional fund-raising efforts.
Subsequently, the total project cost turned out to be $44,000 and Mrs. Nippel was successful in raising an
additional $14,000 from outside sources. Councillor Galloway presented Mr. lan Clark, President of the
Doon Pioneer Park Neighbourhood Association with a City of Kitchener plaque with respect to the
Sprayground Project and requested he arrange for its installation at the Sprayground.
Mayor R. Christy then called on Councillor J. Ziegler to present a certificate of recognition to the
Courtland Shelley Tenants Association relative to their involvement with improvements to Vanier Park.
Councillor Ziegler presented a certificate in this regard to Mrs. Barb Burkhardt who accepted on behalf of
the Tenants Association. He publicly thanked all of the volunteers who assisted in the project.
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CITY OF KITCHENER
Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation in
regard to clause 1 of the report of the Local Architectural Conservation Advisory Committee of this date.
The clause relates to deferring passing of the by-law to designate or the withdrawal of the Notice of
Intention to designate the property known municipally as 381 Pioneer Tower Road. Mr. Britton indicated
that he was appearing on behalf of J.H.S. Properties, purchasers of 381 Pioneer Tower Road and
confirmed the Company's willingness to work with L.A.C.A.C. to achieve preservation of the dwelling. He
also advised that his client has secured a tenant for the property as well as an architect to prepare a
heritage impact assessment.
Moved by Councillor M. Wagner
Seconded by Councillor T. Galloway
"That clause #1 of the report of the Local Architectural Conservation Advisory Committee of this
date be adopted."
Carried.
Mrs. A. Petersen appeared as a delegation to oppose the recommendation that Council ratify the refusal
decision of the Committee of Adjustment in respect to her Fence Application F 3/96 which was listed as
Item B.12 of the Committee of the Whole agenda of this date. She reviewed the history of the fence
application for her property at 137 Old Country Drive and circulated a submission in this regard
containing six exhibits including comments from municipal officials, a neighbourhood petition, letters of
support and outline of the location of the proposed fence which she noted has been modified so as to
provide an angled corner adjacent to the abutting property at 870 Strasburg Road. She stated that City
officials had no concern with the request, as well as a very large majority of the neighbourhood. Mrs.
Petersen advised that the Committee of Adjustment had refused the application partly based on
comments of a neighbour that the intersection of Strasburg Road and Old Country Drive was dangerous
and the proposed fence would worsen the situation. Mrs. Petersen noted that to address some of the
concerns raised with regard to the proposed fence, she wished to amend the fence application by
reducing the height from 6 feet to 5 feet, and improve vision for the residents of 870 Strasburg Road by
creating an angled corner commencing on the mutual lot line 15 feet from the Strasburg Road street line.
Mrs. Rose Boroumand appeared as a delegation to support the recommendation to ratify the refusal
decision of the Committee of Adjustment respecting Fence Application F 3/96 relative to 137 Old Country
Drive. She circulated photographs illustrating the subject property and the proposed fence in relation to
the sidewalk, roadway and adjacent intersection. Mrs. Boroumand stated that her prime concern was
safety, noting that it was already difficult turning onto four lane Strasburg Road from Old Country Drive
without it being made more difficult by obstructed sight lines as a result of the proposed fence. She also
pointed out that the fence would cause a vision hazard as it relates to cyclists riding at high speed on the
sidewalk as a result of a sloping grade in this section of Strasburg Road. She maintained that a 22 foot
sight line from her property was not sufficient and that the proposed fence would create serious problems
as not all variables appeared to have been considered by City staff. She also questioned the real need
for the fence since one already exists and that the property owners simply wish to extend the area
encompassed by their backyard. Again she maintained that either a 22 foot or 32 foot sight line does not
allow reasonable time to react to a situation in relation to exiting her property.
Councillor J. Ziegler commented that there was a wide grass boulevard between the roadway and the
sidewalk and that this situation improves visibility for vehicles exiting 870 Strasburg Road. In response to
Councillor Ziegler, Mrs. Boroumand advised that the revision proposed this date with regard to improved
sight lines was the first she had heard in this regard from the applicant.
Mrs. J. Gouveia also appeared as a delegation to support the recommendation that Council ratify the
refusal decision of the Committee of Adjustment with regard to Fence Application F 3/96. She
expressed concern that the fence was too high, located too close to the sidewalk and pose a safety
hazard.
Councillor T. Galloway commented that since the Committee of Adjustment gave its decision regarding
this fence application, he had been trying to find a compromise between the applicant and the neighbours
opposing the application, but has been unable to find a solution. He indicated that after considering all
the facts relating to the application and the offer of the applicant to amend their application as noted this
date, it was his view the fence application should be approved. Councillor J. Ziegler also commented that
after inspecting the property, it was his view the issue was whether the fence obstructed visibility in
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relation to cyclists but that there would be no problem provided proper care was exercised.
Moved by Councillor T. Galloway
Seconded by Councillor J. Ziegler
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council,
of July 9, 1996, recommending refusal of Submission No. F 3/96 - Ole S. Petersen not be
accepted, and further,
That Submission F 3/96, as amended, of Ole S. Petersen requesting permission to erect a 1.52
metre (5 foot) high fence to be located 1.2 metres (4 feet) from the lot line along Strasburg Road
rather than the required 4.5 metres (15 feet) including a sight line triangular corner adjacent to the
adjoining property at 870 Strasburg Road, the corner of such triangle beginning at a point on the
mutual property line 4.5 metres (15 feet) from the Strasburg Road street line and extending to a
point 2.4 metres (8 feet) from the mutual boundary line intersecting at 1.2 metres (4 feet) from the
lot line along Strasburg Road, on Lot 352, Registered Plan 1416, 137 Old Country Drive,
Kitchener, Ontario, be approved."
Carried.
Ms. Wanda Altmayer appeared as a delegation to support clause 1 of the report of the Community
Services Committee of this date relating to an outdoor skateboarding park. Ms. Altmayer noted that she
would provide further information to the City in respect to development of a future skateboarding park.
Councillor J. Ziegler advised that he wished to make it clear to all interested parties that the proposal was
being included as a possible project in the 1997 capital forecast, but that the project itself has to compete
with other priorities in the City's 1997 budget. Further, he pointed out that since the project represented a
new service, its operational cost would be scrutinized closely during budget discussions. Councillor K.
Redman confirmed that she had discussed with the delegation the necessity for the project to compete
with others in the budget process.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
That clause 1 of the report of the Community Services Committee of this date be adopted.
Carried.
Ms. Wanda Altmayer also appeared as a delegation in support of the Regional Smoking By-law and
clause 3 of the report of the Finance and Administration Committee of this date which recommends the
City support the draft Regional by-law.
Mr. Ralph Neumann appeared as a delegation along with his mother, Mrs. H. Neumann, on behalf of
Neumaster Enterprises Limited and advised that they operate a bar in downtown Kitchener. He
questioned why municipal Councils would pass such a one-sided by-law and indicated that his company
was prepared to challenge the validity of the by-law in Court. Mr. Neumann suggested that it should be a
customer's right to smoke if he chooses and that they were also prepared to establish a private club in
order to evade the regulations of the Regional Smoking By-law.
Councillor J. Ziegler commented that the by-law to regulate smoking in public places was a long time
coming and was a measured response to the issue which allows industry adequate time to adjust to the
regulations. Councillor M. Wagner thanked Members of Council for their support even though not all
members agree with everything in the draft by-law, as well he expressed appreciation to Regional staff for
their dedicated work in this regard. Councillor G. Lorentz commented that the regulations of the draft by-
law could be a lot tougher than written. Councillor B. Vrbanovic stated that he had supported the draft
Regional by-law with reluctance at the Finance and Administration Committee meeting. It was his view
that there were issues in the by-law that should be resolved once the draft is passed. For example, he
referred to the matter of bingo halls where a person would be allowed to smoke after the year 2000 but
not allowed to do so within bars. As well, he pointed out that the issue of totally self-ventilated facilities
was not dealt with in the by-law and suggested that it should be. Finally he stated that it was his hope
that the draft by-law would assist in persuading young people not to smoke. Councillor T. Galloway
commented that he supported the draft by-law, but noted that exemption clauses in the by-law are of
concern as they had the potential to lead to false expectations. He also pointed out that the Provincial
government has abdicated its responsibility on this issue and has failed to create a level playing field
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among municipalities. Councillor John Smola stated that after listening to delegations address the
Regional government in this regard it was his view that the matter was a health issue. Councillor Jake
Smola stated that he supported the draft by-law but was concerned with the rationale of the regulations as
to they relate to bingo halls and the exemption relating to economic hardship. Councillor J. Ziegler
commented that if separate ventilated facilities were permitted, the real purpose of the by-law would be
lost. As well, he noted that if separate ventilated facilities were not allowed, there would not be many
organizations arguing economic hardship. Councillor M. Yantzi stated that he is in support of the draft by-
law and noted that many buildings already do not allow smoking in their premises. Councillor K. Redman
commented that the smoking issue was a quality of work condition for many employees of the
establishments which the draft by-law addresses. Councillor G. Lorentz pointed out that Regional
Council was expected to deal with the draft by-law at its meeting to be held September 12, 1996.
Moved by Councillor J. Ziegler
Seconded by Councillor Jake Smola
That clause 3 of the report of the Finance and Administration Committee of this date be adopted.
A recorded vote was requested.
In Favour: Mayor R. Christy and Councillors C. Weylie, K.
Redman, J. Ziegler, G. Lorentz, M. Wagner, M. Yantzi, Jake
Smola, B. Vrbanovic, T. Galloway and John Smola.
Carried Unanimously.
Councillor M. Wagner pointed out that the entire issue of smoking in public places received initial
discussion by Kitchener Council and it was subsequently recommended to the Region of Waterloo that a
Region-wide Committee be formed. Councillor Wagner suggested that the next step in the smoking issue
was an initiative to protect employees in the workplace and also suggested that once Regional Council
has finalized the draft by-law to regulate smoking in public places, it appoint the existing Committee or
form a new Committee to review workplace smoking issues.
Mr. Pat Langford appeared as a delegation on behalf of the Spirit 83 Junior "C" Hockey Club of New
Hamburg in regard to clause 12 of the Finance and Administration Committee report of this date in which
it is recommended their request to operate bingos at the Transylvania Club be denied. Mr. Langford
advised that the bingo in question was run by the Sertoma Club for 20 years and has now been taken
over by two other organizations but is in need of a third operator. He pointed out that a majority of the
team members were from the City of Kitchener and that the proceeds from the bingo funds would be used
exclusively for ice time rental. Finally, Mr. Langford requested that the Committee recommendation to
deny the request be reversed as the club would simply be filling an existing void and not taking anything
away from another organization.
In response to Councillor M. Yantzi, Mr. Langford advised that the players range in age from 14 to 21
years and that 14 of the 17 team members were from the City of Kitchener. Councillor T. Galloway noted
that the team was based in New Hamburg and questioned if Mr. Langford had investigated holding such
bingos in New Hamburg. Mr. Langford advised that they had tried bingos in New Hamburg but it was
found there was not enough base population to support the undertaking. Councillor J. Ziegler
commented that there was a large demand for Kitchener based bingos and questioned if there was a
waiting list. Mr. R.W. Pritchard advised that the demand for bingos was large but that he could not quote
what numbers might be on a waiting list. Councillor G. Lorentz noted that correspondence had been
received from the Kitchener Junior 'B' Team discouraging approval of the New Hamburg request. As well,
he pointed out that at one time Kitchener's Junior 'B' Team was struggling financially until the community
got behind the team and suggested that every community do likewise. Councillor B. Vrbanovic
commented that his views were similar to those of Councillor Lorentz and stated that he understood a
number of charities are on a waiting list to operate bingos.
Moved by Councillor J. Ziegler
Seconded by Councillor Jake Smola
That clause 12 of the report of the Finance and Administration Committee of this date be adopted.
Carried.
1. Moved by Councillor C. Weylie
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Seconded by Councillor M. Yantzi
"That the report of the Planning and Economic Development Committee of Council of this date be
adopted."
Councillor Jake Smola advised that he wished to propose a minor amendment to clause 3 which was
referred to Council for consideration this date. In this regard, he indicated that after reviewing the
conditions, he would recommend Condition No.2 provide that the parking plan include a barrier to define
the extent of the parking area. On motion by Councillor Jake Smola, seconded by Councillor B.
Vrbanovic, Condition No.2 of clause 3 was amended to insert after the words "parking plan", the phrase
"including a barrier to define the extent of a parking area".
Councillor T. Galloway strongly supported clause 4 of the report in respect to the proposed development
at the intersection of Ottawa Street South and Westmount Road as a win-win situation for all parties as
already high residential density levels in the immediate area could not be increased with the change of
use of this property to a commercial development.
Councillor T. Galloway referred to clauses 10 & 11 of the report and in particular, the lands of the Grand
River Conservation Authority in Pioneer Tower West. He stated that he found the actions of the G.R.C.A.
disturbing and commented that the City of Kitchener appears to have become a target of the Authority
regardless of the percentage of funding that the City provides in support of the G.R.C.A.'s budget. He
expressed concern with the actions of the Authority in disposing of urban land holdings within the City of
Kitchener. Councillor J. Ziegler voiced his support for Councillor Galloway's comments and questioned
how the Authority acquired its lands in Pioneer Tower West to which Councillor B. Vrbanovic replied that
the G.R.C.A. had purchased them. Councillor B. Vrbanovic expressed the same concerns as those of
Councillors Galloway and Ziegler and advised that at the G.R.C.A., as the City's representative, he had
vehemently opposed the Authority's actions in regard to disposal of its lands.
In reference to clause 6 of the report, Councillor T. Galloway urged Council not to approve the
recommendation, noting that he had sent correspondence to members of Council outlining his concerns.
Councillor Galloway acknowledged that the street name conforms within the criteria of City Street Naming
Policy, but that he was concerned over the issue in that the name in question would more appropriately
apply to a street in the Doon area given that Homer Watson was born in Upper Doon and resided in
Lower Doon. As well he stated that the proposed street would not connect to Homer Watson Boulevard
and that the name suggests location in an area adjacent to a Homer Watson Valley when in fact it is
located adjacent to what could be considered Balzer Valley. Councillor G. Lorentz recommended the
City's Street Naming Policy procedures be adhered to. Councillor J. Ziegler noted that the proposed
street was in Fairview Ward and that access would be off of Homer Watson Boulevard for some years
until another internal road was built to meet the street. Councillor M. Wagner commented that L.A.C.A.C.
has often been asked by developers to provide a list of appropriate names in particular situations.
The report was then put to a vote.
Voted on clause by clause.
Clause #3 - Carried (As Amended).
Clause #6 - A recorded vote was requested.
In Favour: Councillors C. Weylie, G. Lorentz
and J. Ziegler.
Contra: Mayor R. Christy and Councillors K.
Redman, M. Wagner, M. Yantzi, John Smola,
Jake Smola, B. Vrbanovic and T. Galloway.
Motion Lost.
Balance of Report - Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor T. Galloway
"That the matter of a proposed street name for Street A in draft Plan of Subdivision 30T-93007
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(DGF Investments Limited) be referred to the September 9, 1996 meeting of the Planning and
Economic Development Committee or appropriate meeting thereafter for further consideration."
Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee of this date be adopted."
In reference to clause 7 of the report, Councillor B. Vrbanovic thanked Council for its support of the Youth
Drop In Program at the Centreville-Chicopee Community Centre relative to a two week extension of the
program and noted that the students were extremely appreciative.
Councillor B. Vrbanovic then referred to clauses 3, 4 & 5 of the report dealing with the fire alarm
monitoring system and invited Fire Chief J. Hancock to comment on the matter. Chief Hancock advised
that one outstanding question was the matter of technology of choice and recommended the matter
should be part of a public process and it was his wish to report at a later date on the types of technology
available. In reference to concerns expressed as to the potential for numerous false alarms, the Chief
advised that staff would undertake extensive testing to avoid such problem. In response to Councillor B.
Vrbanovic, Chief Hancock advised that early in 1997 staff would suggest timeframes and applications
relative to the alarm monitoring systems. Councillor B. Vrbanovic referred to the possibility of linking the
system to meter reading and other applications and Chief Hancock advised that staff were exploring that
issue as well as investigating it further at a conference to be held this fall.
Councillor J. Ziegler advised that he fully supported clauses 3, 4 & 5 of the report but noted that he had
two concerns: firstly, he pointed out that the system is voluntary except in areas where it would apply as a
condition of Subdivision Agreement and indicated that if it was involuntary, insurance companies would
not recognize its merits in application of their premium fees, and secondly, he commented that if the
system relies on telephone technology, it would be subject to service interruptions, as well as force
people to acquire a telephone who might otherwise not have one.
The report was then put to a vote.
Voted on clause by clause.
Clause #1 - Dealt with under delegations and Carried.
Balance of Report - Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor Jake Smola
That the report of the Finance and Administration Committee of this date be adopted.
Referring to clause 2 of the report, Councillor B. Vrbanovic stated that he had opposed the proposal and
encroachment at the Finance and Advisory Committee meeting. He acknowledged that the proposal for a
second storey balcony was an exciting initiative but recommended that caution be exercised given the
precedent that would be set. As well, he pointed out that the sidewalk area would be reduced
significantly and that the addition of two pillars within the sidewalk right-of-way creates potential for a
hazard. He emphasized that the undertaking was not a typical encroachment agreement and could
impact adjoining properties. Accordingly, he recommended deferral to allow for further investigation of
cantilevering the balcony extension and in the meantime recommended erection of a temporary structure
to visualize the requested balcony and pillars. Councillors M. Wagner and M. Yantzi were opposed to
deferral given that a Kitchener architect had said cantilevering was not possible and Council's practice to
encourage sidewalk patios. Councillors G. Lorentz and J. Ziegler also stated that they were opposed to
deferral and were supportive of new and innovative ideas that could benefit the downtown.
Councillor Jake Smola expressed concern over the proposal suggesting that it could affect the
marketability of adjoining buildings. As well, he suggested that the structure could impede the City's
mechanized sidewalk snow removal and stated that he was concerned about the general appearance of
King Street. Finally, he disagreed with the architect's suggestion that the balcony could not be
cantilevered and maintained that it could be done but that it would be expensive. Councillor T. Galloway
stated that he supported the initiative but would also support deferral so as to obtain a structural
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engineer's report since the proposal was impacting City-owned lands and Council should have all of the
facts before it makes a decision on the matter. Mayor R. Christy stated that he was opposed to the
deferral and pointed out that both the Department of Public Works and the Department of Parks &
Recreation already have numerous obstacles on sidewalks in the downtown.
A motion by Councillor B. Vrbanovic, seconded by Councillor Jake Smola to defer consideration of clause
2 and request the applicant to submit an engineering report on the merits and costs of cantilevering the
balcony structure was voted on and Lost on a recorded vote.
Councillors Jake Smola, B. Vrbanovic and T. Galloway voted in favour while Mayor R. Christy and
Councillors K. Redman, M. Wagner, M. Yantzi, John Smola, J. Ziegler, G. Lorentz and C. Weylie voted in
the negative.
Councillor J. Ziegler pointed out that clause 6 regarding appointment to fill a vacancy on the City's
Electrical Examining Board had been referred to the meeting this date subject to preparation of a staff
report in time for the meeting which he pointed out was made available to Council. A motion by
Councillor J. Ziegler, seconded by Councillor M. Yantzi to amend clause 6 of the report by recommending
Mr. Ernst Gaessler be appointed for a three-year term to fill the vacancy was tabled. Councillor Jake
Smola stated that the individual being recommended to fill the vacancy both resides in and has a
business in the City of Waterloo. He noted that of 53 potential appointees with the necessary
qualifications, 31 live and operate businesses in the City of Kitchener. Accordingly, he recommended
that the issue be referred back to the Committee for discussion following preparation of a staff report on
proposed advertising process to fill the vacancy. Councillor M. Yantzi commented that in this situation, he
did not feel it was appropriate to develop special appointment criteria and Councillor G. Lorentz stated
that he was more concerned with the capability and qualities that the recommended appointee would
bring to the Examining Board. The motion of Councillor J. Ziegler to amend clause 6 of the report was
then put to a vote and Carried.
Councillor J. Ziegler encouraged Council to approve clause 8 of the report on the basis that the proposed
by-law would establish an excellent process to regulate signs and posters. Councillor M. Wagner
commented that he had initially opposed a postering by-law but suggested that it was a mistake not to
look at the implications and possible effects of the by-law, particularly since there are no sanctions if the
parties do not comply. He suggested that the existing situation will be aggravated by the proposed by-
law.
Councillor M. Wagner proposed a motion, seconded by Councillor B. Vrbanovic to defer and refer
consideration of clause 8 of the report to the September 9, 1996 Finance and Administration Committee
meeting with the intention that possible implications of the by-law and the effects of having a Kitchener
by-law different from that of the City of Waterloo be discussed. In addition, he suggested that the
Waterloo requirement surcharging Kitchener businesses to post in the City of Waterloo should also be a
matter of consideration. Councillor B. Vrbanovic commented that the City was confronted by the dilemma
of having to do something but also a necessity to be cautious, but on the whole, recommended that the
City become more aggressive to address the postering problem. Councillor G. Lorentz noted that the
legalities of the postering issue have been settled by the Supreme Court and recommended that the
proposal be approved thus allowing the City to work with organizations wishing to poster so as to develop
a system that works for all. The motion of Councillor M. Wagner for deferral of clause 8 of the report was
put to a vote and Lost.
Councillor J. Ziegler referred to clause 14 of the report and noted that Mr. T. McKay has requested that
one issue within the overall clause be referred to the Management Committee for further discussion and
report to City Council. A motion by Councillor J. Ziegler, seconded by Councillor Jake Smola was Carried
that refers the portion of clause 14 respecting charging deductible limits to the Department/Enterprise to
the Management Committee for consideration and report to City Council.
Councillor J. Ziegler referred to the report dated August 12, 1996 from Mr. J. Shivas concerning the
Adaptive Re-Use/Downtown Community Improvement Plan in respect to matters of: facade improvement
loans, tax incentives for unused industrial buildings, feasibility study grants and building permit fee
exemptions. A motion by Councillor J. Ziegler, seconded by Councillor Jake Smola to amend the report
by adding the staff recommendation in this regard as clause 16 of the report, was Carried.
The report was then put to a vote.
Voted on clause by clause.
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Clause 2 - A recorded vote was requested.
In Favour: Mayor R. Christy and Councillors K. Redman, M.
Wagner, M. Yantzi, John Smola, J. Ziegler, G. Lorentz and C.
Weylie.
Contra: Councillors Jake Smola, B. Vrbanovic and T.
Galloway.
Motion Carried.
Clauses 3 & 12 - Dealt with under Delegations and Carried.
Clause 6 - Carried (As Amended).
Clause 8 - Carried.
Clause 14 - Motion Carried excepting the clause relating to
charging deductible limits to the Department/Enterprise which
is referred to the Management Committee for consideration
and report to City Council.
Balance of Report - Carried.
Moved by Councillor M. Wagner
Seconded by Councillor T. Galloway
That the report of the Local Architectural
adopted.
Conservation Advisory Committee of this date be
Voted on clause by clause.
Clause 1 - Dealt with under Delegations and Carried.
Balance of Report - Carried.
Moved by Councillor John Smola
Seconded by Councillor M. Wagner
That the report of the Public Works and Transportation Committee of this date be adopted.
Councillor K. Redman pointed out that the effect of clause 9 of the report was to reverse the existing stop
controls at the intersection of Samuel Street and Pandora Avenue.
Councillor G. Lorentz referred to clause 11 of the report which provides for the installation of all-way stop
controls at the intersection of Westheights Drive and McGarry Drive as the result of numerous accident
experiences. He noted that the stop controls would be in place for the beginning of the school year in
September and that the intersection had 90% of the warrant requirement for traffic signal installation.
Councillor M. Wagner requested that clause 8 of the report be dealt with separately and Councillor M.
Yantzi pointed out that the Committee recommendation addresses concerns of the neighbourhood.
The report was then put to a vote.
Voted on clause by clause.
Clause 8 - Carried.
Balance of Report - Carried.
Councillor M. Wagner requested that his opposition to clause 8 be recorded.
Councillor K. Redman spoke to the issue of a possible location of a future skateboarding park and
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suggested the auditorium grounds. She pointed out that it was users who have requested an outdoor
facility which has been suggested would cost approximately $200,000. She advised that a private
entrepreneur has been following the discussions related to such facility and requested that any interested
individuals or investors contact her or either Mr. B. Arnot.
Councillor J. Ziegler advised that the Committee of the Whole agenda of this date contained two
recommendations relative to the issuance of ice cream vehicle drivers licences and pointed out that there
was an outstanding application that should be finalized in an in-camera meeting of City Council. Mr.
R.W. Pritchard advised that a motion was required to authorize such meeting.
Moved by Councillor T. Galloway
Seconded by Councillor M. Yantzi
That an in-camera meeting of City Council be held immediately to consider a personal matter.
Carried.
The Council then recessed to hold an in-camera meeting and shortly thereafter the Council returned to
the Chambers and resumed the Council meeting.
Councillor B. Vrbanovic advised that the Kiwanis Park had opened for business on the weekend of
August 10.
Councillor M. Yantzi noted that the Victoria Park 100th Birthday Celebrations were being held August 24
& 25 and suggested that all interested individuals monitor the media for information on scheduled
ceremonies.
Councillor T. Galloway advised that a month ago Mayor R. Christy, Councillor K. Redman and himself
had attended the official opening of the $14.3 million Homer Watson Boulevard reconstruction from
Bleams Road to Pinnacle Drive. He expressed his appreciation to Members of Council for all their
support in bringing this project forward.
Councillor K. Redman advised that she wished to make a public announcement on behalf of the Central
Frederick Neighbourhood Association that a neighbourhood festival was being held on Sunday, August
18, 1996 from 12 noon to 6 p.m. in Weber Park which is located on Frederick Street opposite the
Frederick Street Mall.
Councillor C. Weylie advised that she had noticed fire hydrants being painted grey and questioned what
was taking place in this regard. Fire Chief J. Hancock advised that hydrants were being primed at this
time and are being painted in traditional colour. However, he pointed out that in the future, hydrants
would be painted in different colours based on water flow criteria.
At the request of Mr. R.W. Pritchard, City Clerk, Council concurred to the removal of the by-law listed on
the agenda for three readings identified as item 10(u) and 13(u) dealing with the properties known
municipally as 4, 8, 10 & 16 King Street East. In place of this by-law Council agreed to add two additional
by-laws for three readings, the first by-law relating to 4 King Street East and the second by-law relating to
8-10 King Street East.
Moved by Councillor G. Lorentz
Seconded by Councillor K. Redman
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to close and sell Part of Forwell Road shown as Parts 1 and 3, Plan 58R-
10262 in the City of Kitchener
(b)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Dragica Tuka - 115
Patricia Avenue - #94/15/P/JW
(c)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Minjay Holdings Ltd. -
4 Dodge Drive -#951051DNL
(d) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding
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(e)
(f)
(g)
(h)
(i)
(J)
(k)
By-law Enforcement
To further amend By-law No.94-101, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
To further amend By-law No.88-170, being a by-law to prohibit unauthorized parking of
motor vehicles on private property
To further amend By-law No.88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
Being a by-law to amend By-law No.88-172, being a by-law to authorize certain on-street
and off-street parking of vehicles for use by physically handicapped persons, and the
issuing of permits in respect thereof
Being a by-law to provide for the establishing and laying out of part of Strasburg Road as a
public highway in the City of Kitchener
Being a by-law to provide for the establishing and laying out of part of Kingsbury Drive as a
public highway in the City of Kitchener
Being a by-law to exempt certain lots from Part Lot Control - Lots 15, 16 and 17, Registered
Plan 1819 - Killarney Crescent
To authorize the construction of certain works as shown in Schedule "A" hereto as local
improvements
(Cont'd)
(m)
Being a by-law to approve a Capital Expenditure for the undertaking of a shared
submission with The Corporation of the City of Waterloo to bid for the 2001 Canada
Summer Games at an estimated cost of $1,000,000.00 each)
(n)
Being a by-law to provide for the redividing of the City into 10 wards, the name and number
which each ward shall bear and the date when the redivision shall take effect
(o)
Being a by-law to amend Chapter 315 of The City of Kitchener Municipal Code regarding
Development Charges - to extend its term
(P)
Being a by-law to repeal Chapter 682 of The City of Kitchener Municipal Code respecting
Signs and Posters on Public Utility Commission property
(q)
Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code regarding
Signs
(r) To confirm all actions and proceedings of the Council
(s)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Monarch Construction
Limited - Pinnacle Drive -#96/05/P/LM
(t)
Being a by-law to authorize the carrying out of provisions of Chapter 650 of the City of
Kitchener's Municipal Code with respect to Lot 270, Part Lots 269 and 271, on Registered
Plan 266, known as 150 Adelaide Street, Kitchener
(u)
Being a by-law to authorize the carrying out of provisions of Chapter 665 of the City of
Kitchener's Municipal Code with respect to Part Lots 13 and 14, on Registered Plan 364,
known as 4 King Street East, Kitchener
(v)
Being a by-law to authorize the carrying out of provisions of Chapter 665 of the City of
Kitchener's Municipal Code with respect to Part Lots 13 and 14, on Registered Plan 364,
being Part 1 on Reference Plan 58R-5108, known as 8-10 King Street East, Kitchener
and that the same be taken as read a first time and stand referred to the Committee of the Whole."
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Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
R. Christy appointed Councillor John Smola as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair.
Moved by Councillor John Smola
Seconded by Councillor G. Lorentz
"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.
Moved by Councillor G. Lorentz
Seconded by Councillor K. Redman
"That the by-laws listed on the agenda for third reading, namely:
(Cont'd)
(a) Being a by-law to close and sell part of an unnamed public lane running westerly from
Moore Avenue between Louisa and Wellington Streets in the City of Kitchener
(By-law No.96-108)
(b) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Dragica Tuka - 115
Patricia Avenue - #94/15/P/JW
(By-law No.96-109)
(c) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Minjay Holdings Ltd. -
4 Dodge Drive -#951051DNL
(By-law No.96-110)
(d) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding
By-law Enforcement
(By-law No.96-111 )
(e) To further amend By-law No.94-101, 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.96-112)
(f) To further amend By-law No.88-170, being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(By-law No.96-113)
(g) To further amend By-law No.88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(By-law No.96-114)
(h) Being a by-law to amend By-law No.88-172, being a by-law to authorize certain on-street
and off-street parking of vehicles for use by physically handicapped persons, and the
issuing of permits in respect thereof
(By-law No.96-115)
(i) Being a by-law to provide for the establishing and laying out of part of Strasburg Road as a
public highway in the City of Kitchener
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d)
(k)
(i)
(By-law No.96-116)
Being a by-law to provide for the establishing and laying out of part of Kingsbury Drive as a
public highway in the City of Kitchener
(By-law No.96-117)
Being a by-law to exempt certain lots from Part Lot Control - Lots 15, 16 and 17, Registered
Plan 1819 - Killarney Crescent
(By-law No.96-118)
To authorize the construction of certain works as shown in Schedule "A" hereto as local
improvements
(By-law No.96-119)
(Cont'd)
(m)
Being a by-law to approve a Capital Expenditure for the undertaking of a shared
submission with The Corporation of the City of Waterloo to bid for the 2001 Canada
Summer Games at an estimated cost of $1,000,000.00 each)
(By-law No.96-120)
(n)
Being a by-law to provide for the redividing of the City into 10 wards, the name and number
which each ward shall bear and the date when the redivision shall take effect
(By-law No.96-121 )
(o)
Being a by-law to amend Chapter 315 of The City of Kitchener Municipal Code regarding
Development Charges - to extend its term
(By-law No.96-122)
(p)
Being a by-law to repeal Chapter 682 of The City of Kitchener Municipal Code respecting
Signs and Posters on Public Utility Commission property
(By-law No.96-123)
(q)
Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code regarding
Signs
(By-law No.96-124)
(r) To confirm all actions and proceedings of the Council
(By-law No.96-125)
(s)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Monarch Construction
Limited - Pinnacle Drive -#96/05/P/LM
(By-law No.96-126)
(t)
Being a by-law to authorize the carrying out of provisions of Chapter 650 of the City of
Kitchener's Municipal Code with respect to Lot 270, Part Lots 269 and 271, on Registered
Plan 266, known as 150 Adelaide Street, Kitchener
(By-law No.96-127)
(u)
Being a by-law to authorize the carrying out of provisions of Chapter 665 of the City of
Kitchener's Municipal Code with respect to Part Lots 13 and 14, on Registered Plan 364,
known as 4 King Street East, Kitchener
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(v)
(By-law No.96-128)
Being a by-law to authorize the carrying out of provisions of Chapter 665 of the City of
Kitchener's Municipal Code with respect to Part Lots 13 and 14, on Registered Plan 364,
being Part 1 on Reference Plan 58R-5108, known as 8-10 King Street East, Kitchener
(By-law No.96-129)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
On motion, the meeting adjourned.
Carried.
MAYOR CLERK
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -
That Planning and Development Staff Report PD 96/61 (Lane Application LA 96/1NNL - proposed
closure of a portion of Vanier Drive, formerly Fulton Street) be deferred and referred to the
September 9, 1996 Planning and Economic Development Committee meeting for consideration,
and further
That prior to the Committee meeting, staff undertake further negotiation of fair market value with
the applicant and also determine if either of the 2 neighbourhood schools have an interest in
acquiring this remnant parcel of land.
That the Department of Planning and Development be directed to organize an enforcement team
consisting of representatives from planning, building, fire, public health, etc. to inventory the
condition of the properties municipally addressed as 350-356 Duke Street West and 122-132
Wellington Street North and also be directed to take any required enforcement action under the
Property Standards By-law by September 13, 1996.
That Zone Change Application ZC 96/11/F/JW (G. & P. Hess) rezoning 709 Frederick Street to
revise Special Use Provision 182U by deleting Veterinary Services and adding Office, be
approved in the form shown in the attached "Proposed By-law", dated July 2, 1996, subject to the
following conditions being satisfied prior to any readings of the By-law by Council:
That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo
to the City Clerk, that Regional requirements for an entrance permit have been satisfied
with respect to the proposed zone change;
That the Owner submit a parking plan including a barrier to define the extent of the parking
area and receive approval thereof from the Director of Traffic and Parking Services;
That the Owner construct the parking area and delineate parking spaces in accordance
with the approved plan, to the satisfaction of the Director of Traffic and Parking, or
alternatively that the Owners submit to the Manager of Design, Heritage and Environment a
letter of credit in an amount sufficient to guarantee the construction of the parking area in
accordance with the approved plan.
The Owner acknowledges that Conditions 1, 2 and 3 are required to be satisfied no later
than 7 months from the day of Council having approved by resolution Zone Change
Application 96/11/F/JW. In the event this requirement is not fulfilled within the 7 month
period, Council shall consider rescinding its Zone Change approval.
It is the opinion of this Council that approval of this application is proper planning for the City and
is in conformity with the City's Municipal Plan.
(As Amended)
4. 1)
That City Council recommend approval of Municipal Plan Amendment Application MP
96/4/W/JG - (1065146 Ontario Limited - Ottawa Street/Westmount Road) attached to Staff
Report PD 96/55, being an amendment to the Municipal Plan to:
i) Amend Map 5 to change the designation from High Rise Residential to
Neighbourhood Commercial, as shown on Schedule "A".
It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is
proper planning for the City.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
4. Cont'd
2) That the Valleyview Road-Howe Drive Community Plan be revised as follows:
i) That Map 1, General Land Use Map be revised to change the designation from High
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3)
REPORTS ADOPTED BY COUNCIL
Density Multiple Residential to Neighbourhood Commercial, as shown on Map 1
attached, dated "Revised 1996 06".
ii) That Policy 3.2.4 be deleted.
iii) That a new Section, 3.8, be added as follows:
"3.8 COMMERCIAL/RESIDENTIAL
3.8.1 That a Commercial/Residential site be located at the northwesterly
intersection of Westmount Road and Ottawa Street which shall allow a full mixture of
residential and commercial uses, including office and retail uses, in recognition of its
location in a Secondary Node."
It is the opinion of this Committee that approval of this revision to the Community Plan is
proper planning for the City.
That Zone Change Application ZC 95/25AN/JG (1065146 Ontario Ltd.), requesting to
change the zoning from R-9 to CR-1 with special use provision 225 and special regulation
provisions 1 and 229, be approved in the form shown in the attached "Proposed By-law",
dated June 24, 1996, subject to the following condition:
i) 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.
ii) The owner acknowledges that Condition i) is required to be satisfied no later than seven
(7) month from Council having approved the amending zoning by-law relative to the Zone
Change Application 95/25AN/JG 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 approval of this application is proper planning for the
City and is in conformity with a recommended Amendment to the City's Municipal Plan.
5. A.
That Zone Change Application 96/5/P/LM (Monarch Construction Limited) requesting a
change in zoning from Agricultural Zone (A-l), Residential Three Zone (R-3) and Public
Park Zone (P-l) according to By-law 85-1 to Residential Three Zone (R-3), Residential
Four Zone (R-4), Public Park Zone (P-l) and Hazard Land Zone (P-3) according to By-law
85-1, on Part of Lot 8, Beasley's Old Survey, Part of Biehn's Unnumbered Tract, be
approved in the form shown in the attached Proposed By-law dated June 25, 1996, subject
to the Subdivision Conditions contained in recommendation (B) below.
It is the opinion of this Committee that approval of this application is proper planning for the
City and is in conformity with the City's Municipal Plan.
That Subdivision Application 30T-90029 (Revised - Monarch Construction Limited) be
recommended to the Regional Municipality of Waterloo for draft approval, subject to the
following conditions:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached Plan of
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REPORTS ADOPTED BY COUNCIL
Subdivision and that the following special conditions be written therein:
The Subdivider covenants and agrees:
51.
That the final plans for registration purposes shall be prepared in accordance with
the attached Plan of Subdivision dated July 4, 1996, provided that minor
amendments to said plan, acceptable to the General Manager of Planning and
Development, and not affecting the numbering of any lots or blocks may be
permitted without an amendment to this agreement. Any changes affecting the
numbering of lots or blocks shall require an amendment to this agreement to reflect
such changes.
52.
That the subdivision shall be registered in three (3) stages, with Stage 2 consisting
of Lots 1 to 33 inclusive and Blocks 34 to 39 inclusive, Stage 3 consisting of Lots 1
to 36 inclusive and Blocks 37 to 46 inclusive, and Stage 4 consisting of Lots 1 to 80
inclusive and Blocks 81 to 89 inclusive. Further, the Subdivider agrees that the Plan
of Subdivision shall be registered in accordance with the following:
a) Stage 2 shall be registered first;
b)
Stage 3 may be registered concurrently with or at any time subsequent to the
registration of Stage 2; and
c)
Stage 4 may be registered concurrently with or at any time subsequent to the
registration of Stage 3.
Further, that in the event that Stages 2, 3 and 4 are developed and registered
concurrently, Condition 66 and some or all of Blocks 38 and 39 (Stage 2) and Blocks
45 and 46 (Stage 3) shall not be required.
53.
To submit a Lot Grading and Drainage Control Plan for approval of the General
Manager of Public Works, in consultation with the City's Department of Parks and
Recreation and the Grand River Conservation Authority, prior to the City's release of
each stage of the Subdivision Plan for registration.
54.
That prior to any grading or construction on the site and prior to the City's release of
each stage of the Plan for registration, to submit for the approval of the General
Manager of Public Works, in consultation with the City's Department of Parks and
Recreation and the Grand River Conservation Authority, a detailed engineering
design for storm water management in accordance with the approved concept plan.
Said engineering design shall include an erosion and siltation control plan indicating
the means whereby erosion will be minimized and silt maintained on-site throughout
all phases of grading and construction. The Subdivider further agrees to implement
all required measures as outlined in the approved final design.
55.
That construction traffic to and from the proposed subdivision shall be restricted to
using the existing temporary access road together with Autumn Ridge Trail and/or
Thomas Slee Boulevard to New Dundee Road. The Subdivider agrees to advise all
relevant contractors, builders and other persons of this requirement with the
Subdivider being responsible for any signage, where required, all to the satisfaction
of the Director of Traffic and Parking Services.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
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56.
57.
58.
REPORTS ADOPTED BY COUNCIL
To make satisfactory financial arrangements with the General Manager of Public
Works for the construction of 1.5 metre wide concrete sidewalks:
a)
along both sides of Autumn Ridge Trail, Thomas Slee Drive, Saddlewood
Drive, and Ridgemount Street;
b)
along the northerly side of Woodcrest Court between Autumn Ridge Trail and
Walkway Block 38 (Stage 3) and along the southerly side of Woodcrest
Court across the flankages of Lot 36 (Stage 3) and Lot 20 (Stage 4); and
c)
along the southerly side of Timber Ridge Court between Saddlewood Drive
and Walkway Block 84 (Stage 4).
To obtain, from the Grand River Conservation Authority, if necessary, a Fill,
Construction and Alteration to Waterways Permit under Ontario Regulation 149 as
amended by 69/93 and 669/94, prior to on-site grading, the installation of services
and prior to the City's release of any stage of the Subdivision Plan for registration.
That in consideration of the wooded character of the subdivision lands and the City's
desire to minimize the impact of development on treed areas worth retaining, the
Subdivider agrees to comply with the following process in the development of the
subdivision in accordance with the City's approved Tree Management Policy:
a)
prior to the City's releasing each stage of the subdivision plan for registration,
the Subdivider shall submit the Detailed Vegetation Plan, for the approval of
the City's Manager of Design, Heritage and Environment;
b)
that no area/rough grading shall occur on the lands until such time as all
approved measures for protection of isolated trees, tree clusters and
woodlands affected by such grading have been satisfactorily implemented,
the City has inspected these measures and the Subdivider has received a
written authorization from the City's Department of Public Works to proceed
with said grading;
c)
to implement and be responsible for providing all information contained in the
approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan (if
applicable), to all of his heirs, executors, administrators, successors and
assigns in order to ensure that the requirements outlined in said plan(s) are
carried out as specified;
d)
A Tree Preservation/Enhancement Plan will be required for those lots or
blocks, prior to applying for or having issued any building permits, which are
subject to site plan approval under Section 41 of the Planning Act, corner lots
(where site service locations and building type have not been
predetermined), interior lots greater than 13.7 metres of street frontage,
proposed building/structure that is located deeper on the lot than that
approved on the Detailed Vegetation Plan and/or the revised grading will
have an adverse effect on the Detailed Vegetation Plan;
e)
In the event of construction causing minor tree damage, remedial measures
such as trimming, dressing, or bark doctoring shall be implemented at the
Subdivider's cost and as directed by the Consultant who prepared the
approved plan. In cases where major irreparable tree damage is done,
liability is questionable, or the tree is judged to be unsafe
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
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5. Cont'd
59.
60.
61.
62.
63.
REPORTS ADOPTED BY COUNCIL
in the opinion of the Subdivider's Environmental Consultant and/or the City,
each such tree shall be removed and replaced with at least one tree of equal
value based on the tree value formula as set out in the "Guide for Plant
Appraisal" International Society of Arboraculture, Latest Edition. Tree
replacements are to be located on the same lot or block as the tree requiring
removal or to a location within the subdivision requiring enhancement.
Furthermore, such remedial measures or tree replacements shall be
approved by the Department of Planning and Development and shall be
satisfactorily implemented prior to occupancy of the unit or due to weather
conditions by the next planting season.
To convey to the City of Kitchener the following lands for the purposes stated
therein, at no cost and free of encumbrance, concurrently with the registration of the
plan of subdivision:
a)
b)
c)
d)
e)
Blocks 34 and 35 (Stage 2) for public park purposes;
Blocks 36 and 37 (Stage 2) for municipal services and storm drainage
purposes;
Block 37 (Stage 3) and Blocks 81 and 82 (Stage 4) for open space purposes;
Block 83 (Stage 4) for storm water management purposes; and
Blocks 38 and 39 (Stage 2), Blocks 43, 44, 45 and 46 (Stage 3), and Blocks
86, 87, 88 and 89 (Stage 4) for 0.3 metre reserves.
To dedicate to the City of Kitchener through plan registration, the following lands for
the purposes stated therein:
a)
b)
Blocks 38, 39 and 40 (Stage 3), and Block 84 (Stage 4) for public walkway
purposes; and
Blocks 42 (Stage 3) and Block 85 (Stage 4) for public highway purposes.
To upgrade existing Pinnacle Drive immediately abutting the Plan of Subdivision as
Part of Stage 4 development to the satisfaction of the City's General Manager of
Public Works.
To monitor the water quality control performance of the School Creek Storm Water
Management Pond within Block 127 of Registered Plan 1710 during the construction
of all lands within Stages 2, 3 and 4 of the Plan of Subdivision which drain to this
facility. Further, the Subdivider agrees to install at it's expense, any required
remedial measures for quality control to the satisfaction of the General Manager of
Public Works.
To construct Thomas Slee Boulevard within the limits of the Plan together with the
re-alignment of Pinnacle Drive at the intersection with Thomas Slee Boulevard
within the lands immediately to the south. The Subdivider agrees that the extension
of Thomas Slee Boulevard through the lands to the south of the subject lands to
connect to Pinnacle Drive along the final alignment is dependent upon either the
dedication of the lands as public highway through Plan of Subdivision or by
conveyance of the lands to the City without cost and free of encumbrance by the
owner thereof together with an opening by-law to be passed by City Council. Prior
to the issuance of any building permits for Stage 4 of the Plan of Subdivision, the
Subdivider agrees that the remaining portion of Thomas Slee Boulevard shall be
dedicated to the City and shall be open to public vehicular traffic, all in a manner
acceptable to the General Manager of Public Works.
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
64.
To install a permanent 1.2 metre high, paige wire fence or an alternate marking
system to the satisfaction of the City's General Manager of Parks and Recreation
along the flankage and/or rear property lines of Lots 1 to 33 and Block 37 (Stage 2),
Lots 1 to 3 and 5 to 18 (Stage 3), and Lots 1 to 19 (Stage 4) all inclusive where such
lots lines abut open space.
65.
That the temporary access road constructed as a requirement for Stage 1 of the
Plan of Subdivision (Registered Plan 1801) continue to be used for vehicular traffic
in conjunction with the permanent street network constructed consecutively for
Stages 2 and 3. Further, that the City agrees to Quit Claim the existing easement
over the temporary access road upon the completion of the permanent road network
within each of the consecutive Stages of development.
66.
To re-align the temporary access road within Stages 3 and 4 of the Plan of
Subdivision to a level acceptable to the General Manager of Public Works,
particularly with respect to road geometrics in order that the temporary road
connects with the permanent alignment of Autumn Ridge Trail, during the
construction of Stages 2 and 3 respectively. The re-aligned temporary access road
shall be constructed to City standards save and except for a concrete sidewalk and
shall include temporary street lighting. The Subdivider further agrees to provide an
easement to the City for the lands on which the re-aligned temporary road shall be
located. The City agrees to Quit Claim said easement upon the completion of the
permanent road network within Stages 3 and 4.
67.
To convey Block 41 (Stage 3) to the owner of the abutting property to the east, at fair
market value, for the purposes of an access route for future residential development
within $ years of registration of the final approval of Stage 3 of the Plan of
Subdivision.
68.
That the parkland dedication for the Subdivision as required by the Planning Act has
been satisfied through the conveyance of Block 16, Registered Plan 1801 as
Neighbourhood Park. The Subdivider further agrees that 0.08 hectares of Block 35
(Stage 2) shall constitute replacement of the neighbourhood park area to be
dedicated by the City of Kitchener to facilitate the re-alignment of Windrush Trail
within Block 16, Registered Plan 1801, with the remaining 0.31 hectares of Block 35
(Stage 2) to be purchased by the City of Kitchener at fair market value as additional
parkland. The fair market value of the parkland to be acquired by the City shall be
determined by the City's Land Purchasing Officer and the negotiated amount shall
be paid to the Subdivider at the time of conveyance of Block 35 (Stage 2).
69.
To install 1.2 metre high temporary snow fencing along the limits of residential lots
and Windrush Trail which abut Block 37 (Stage 3) and Blocks 81 and 82 (Stage 4).
The Subdivider shall be responsible for installing appropriate signs every 45 metres
noting that there shall be no dumping in this area. The installation of the signs shall
be to the satisfaction of the City's Manager of Design, Heritage and Environment
and shall be erected prior to any area grading or building permits being issued. The
Subdivider shall be held liable and responsible for the removal of all material
dumped in this area and the temporary fencing shall be removed following
completion of all construction within each respective Plan stage.
70.
That as part of the development of Stage 2 to make satisfactory arrangements with
the City's Department of Public Works for the extension of a watermain from the
south for secondary water supply purposes prior to the issuance of any building
permits for Stage 2.
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
71.
To undertake any measure required to ensure proper water pressure to the
proposed development, to the satisfaction of the City's Chief Building Official.
It is the opinion of this Committee that approval of this application is proper planning for the
City.
That the implementing Zoning By-law for Zone Change Application 95/6/P/LM (Monarch
Construction Limited) not be presented to City Council until Subdivision Application 30T-
90029 (revised) has received Regional Draft Approval whereupon the amending Zoning
By-law shall be presented to Council for all three readings. Alternatively, three readings of
the amending Zoning By-law may be given if the City Clerk is presented with a letter from
the Regional Municipality of Waterloo advising that the Region has no objections to the
passing of the By-law.
That the lands within Stages 2, 3 and 4 of the proposed Plan of Subdivision be released
from Instrument Number 1213671, being a Subdivision Agreement between the City of
Kitchener, Kitchener-Wilmot Hydro and Monarch Construction Limited, pertaining to the
approval of the Stage 1 lands known as Registered Plan 1801.
That City Council approve the following proposed street name for Draft Plan of Subdivision 30T-
93007 (DGF Investments Ltd.):
Street A - Homer Watson Valley Place
(Motion Lost)
"That, Whereas the Adaptive Re-use Committee has, for the most part, completed its Mission and
Action Plan identified in its Terms of Reference approved by Council,
And Whereas, all the Committee's and City Council's adaptive re-use initiatives have been widely
publicized and distributed as a result of the Committee's June 12, 1996, Symposium,
And Whereas, it is felt by the Committee that these initiatives should now be institutionalized as
represented by new attitudes and new processes throughout the various Departments and staff of
the City of Kitchener,
And Whereas, the strength and dynamics of the present Adaptive Re-use Committee members is
deemed most desirable to continue for future Committee endeavours, however, it is recognized by
the City that the voluntary time commitment by the private sector members is unlikely to be long
term.
It Be Therefore Resolved, that the Adaptive Re-use Committee now become a 'stand-by'
Committee with meetings only called when deemed necessary, by the Chairman in consultation
with the General Manager of Planning & Development. The primary mandate and role of this
stand-by committee shall now be:
monitoring the implementation and success levels of past re-use initiatives
discussing and recommending new initiatives/policies for adaptive re-use to Council
· updating the list of re-use sites to be targeted
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assisting proponents in balancing the interests and goals of both heritage protection and
adaptive re-use flexibility."
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
That subject to the signs being placed in a location acceptable to City staff, enforcement of the
City's Sign By-law be waived in accordance with the request and details contained in the letter,
dated July 30, 1996, from Mary Murphy on behalf of the Forestview Bible Church, 295 Highview
Drive relating to the following:
i)
placement until September 2, 1996 of an A-frame sign (approx. 3.5' by 1.5') on the
church property to promote their annual Community BBQ fundraiser being held
September 2, 1996
ii)
placement of a mobile sign for one month, approximately November 23 to December
23, 1996, on the church property to promote special Christmas events.
That Zone Change Application ZC 94/06/K/CL (Dr. V.B. Rao), adding special use provision 203 to
the CR-1 Zone at 890 King Street West, be approved in the form shown in the attached "Proposed
By-law", dated June 12, 1996, subject to the following conditions:
That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo
to the City Clerk, that Regional requirements for the conveyance of a daylight triangle,
access permit and approval of a drainage and grading control plan and stormwater
management plan have been satisfied with respect to the proposed zone change;
That a detailed Grading and Drainage Control Plan be prepared 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 existing and proposed connections to the
municipal storm sewer; and to obtain approval thereof from the City's General Manager of
Public Works and the Regional Municipality of Waterloo.
That a detailed engineering design for storm water management be submitted to the City's
General Manager of Public Works and the Regional Municipality of Waterloo and to obtain
approval thereof or an exemption from this requirement.
That a Landscape Plan showing planting and surfacing details for all areas indicated on the
parking plan and for the portion of all adjacent public property located between the
sidewalks, curbs or streets and the Owner's property line and to obtain approval thereof
from the City's Manager of Design, Heritage & Environment.
The Owner acknowledges that Conditions 1 to 5 are required to be satisfied no later than 7
months from the day of Council having approved by resolution Zone Change Application
94/06/K/CL. In the event this requirement is not fulfilled within the 7 month 3eriod, Council
shall consider rescinding its 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 Municipal Plan.
10.
That we receive for information Planning and Development Staff Report PD 96/71 regarding an
OMB Prehearing Conference for:
a) Referrals to the City's new Municipal Plan;
b) Official Plan Amendment, Zone Change Applications and Plans of Subdivision for
Pioneer Tower West
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
11.
That we receive for information Planning and Development Staff Report PD 96/69 regarding: - Municipal Plan Amendment Application MP 96/5/P/JG
- Zone Change Application ZC 961201PIJG
- Grand River Conservation Authority
- 584-594 Pioneer Tower Road
12.
That Council appeal the Committee of Adjustment decision on Consent Application B-41/96 (963
Doon Village Road) to the Ontario Municipal Board.
COMMUNITY SERVICES COMMITTEE
That we approve, in principle, the development and operation of an outdoor skateboarding park, to
be included in the 1997 Capital Forecast, and further,
That staff pursue the possibility of private sector partnerships for this project.
(Dealt with under delegations and Carried)
That we approve the request of the Cedar Hill Neighbourhood Association for an interest free loan,
in the amount of $1,800.00, to be repaid over 3 years, to cover the cost of installing a concrete
slab, to be used as a stage, in Sand Hills Park, and further,
That the request of the Cedar Hill Neighbourhood Association to provide an electrical hook-up in
Sand Hills Park, at the cost of $6,100.00, be referred to the 1997 Capital Budget.
That maps 1, 2, 3 and 4, dated March 1996 and attached to the Department of Planning and
Development and Fire Department Staff Report PD 96/10, replace those contained in the City of
Kitchener Fire Station Location Study approved March 27, 1995.
That Council support the Kitchener Fire Department providing direct-to4ire alarm monitoring
services within its dispatch service boundaries, as a method of reducing fire response time.
That staff negotiate a legal agreement with Electronic Surveillance Corporation, satisfactory to the
City's Legal Department, to interface the alarm monitoring service into the City's Integrated
Computer Aided Dispatch System (ICADS).
That we approve, in principle, the addition of conditions to residential subdivision agreements for
plans of subdivisions within areas located between a 4 and 5 minute first response time from
planned station locations, requiring the installation and maintenance of a direct-to-fire alarm
monitoring system and the notification of the requirement in all agreements of purchase and sale
for affected lots, to satisfy the requirements of the Municipal Plan, and further,
That Council shall have the authority to grant individual exemptions to the policy to permit
development located beyond the 5 minute response distance with the implementation of
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monitoring, and further,
REPORTS ADOPTED BY COUNCIL
That Council give consideration to extending the application of this condition to a distance beyond
the 5 minute first response based on the actual experience in areas between 4 and 5 minutes,
after its implementation.
COMMUNITY SERVICES COMMITTEE - (CONT'D)
That the youth drop-in program at the Centreville-Chicopee Community Centre be extended for a
two week period beyond August 9, 1996, for this year only, with any associated costs being an
over-expenditure to the Parks and Recreation Department budget, and further,
That staff review this year's youth drop-in programs and examine where an extended program may
be appropriate in 1997.
FINANCE AND ADMINISTRATION COMMITTEE
That consideration of the request of Mr. B. Gascon for compensation relating to the installation of a
sump pump at 239 Erinbrook Drive be deferred and referred to the September 9, 1996 meeting of
the Finance and Administration Committee pending receipt of additional information from staff.
That subject to obtaining all required approvals, the Mayor and Clerk be authorized to execute an
encroachment agreement with the registered owner(s) of the property described as Part Lot 6,
Plan 375 and municipally known as 273 King Street West, to permit the construction of a second
story balcony which will encroach 3 feet, more or less, over the King Street West road allowance.
That Kitchener City Council supports the draft by-law of the Regional Municipality of Waterloo to
regulate smoking in public places as contained in Regional report CR-RS-96-023 dated June 5,
1996.
(Dealt with under delegations and Carried)
That Council approve an amendment to Chapter 315 (Development Charges) of the City of
Kitchener Municipal Code so as to delete the 5 year term set out in Section 21 (2).
That City Council express its sincerest appreciation to Mr. Earl Welch for his 23 years of dedicated
service as a member of the City of Kitchener Electrical Examining Board.
That Mr. Ernst Gaessler be appointed to the City of Kitchener Electrical Examining Board for a 3
year term to fill the vacancy created by the resignation of Mr. Earl Welch.
(As Amended)
That by August 20, 1996, Licensing staff prepare and forward a written submission to the Province
concerning the proposed Bill 75 - The Alcohol Gaming and Charity Funding Public Interest Act,
1996 recommending that the Province consider the categories and funding percentages outlined
in the appendix to the joint report of J. Koppeser and L. F. Parkhouse dated July 26, 1996 entitled
Lottery Fund - Recommended Disbursement System, and further,
That the above submission make reference to the need for the Province to set aside money to
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fund research and services related to gambling addiction.
That Council repeal Chapter 682 (Signs and Posters on Hydro Poles) of the City's Municipal Code
and enact a by-law to amend Chapter 680 (Signs) of the Code as appended to the report
FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D)
8. (Cent'd)
of J. Shivas, dated July 31, 1996, subject to reducing the pestering period from 21 to 14 days, and
further,
That Legal staff apply to the Province for a set fine as regards pestering infractions involving the
revised Chapter 680.
That the City of Kitchener support the renovation and conversion of targeted adaptive re-use
projects through a Feasibility Study Grant Program to be administered by the Department of
Planning and Development in accordance with the criteria outlined in Planning and Development
Department report PD96/64 (August 6, 1996), and further,
That a $40,000.00 upset limit on annual grant expenditures be established as a guideline, with
staff reporting to Council for direction in the event this limit is likely to be exceeded, and further,
That all expenditures relating to the Feasibility Study Grant Program be charged to the Downtown
Development Fund.
10.
That Council adopt the proposed rating system for the Downtown Building Facade/Interior Loan
Program as outlined in Appendix A of Planning and Development Department report PD 96/65
(July 19, 1996).
11.
That air space with a minimum clearance of 17.22 feet above Borden Avenue South and situated
approximately 200 feet north of Nyberg Street, be declared surplus to the City's needs and be
leased for a private conveyor belt to MTD Products Limited, owner of the lands abutting both sides
of Borden Avenue South, and further,
That the Land Purchasing Officer be directed to negotiate a long-term lease with the abutting
owner, with the final agreement to be presented to Council for approval.
12.
13.
That the request of the New Hamburg Spirit '83 Junior C Hockey Club for approval to operate
bingos on an on-going basis at the Transylvania Club be denied.
(Dealt with under delegations and Carried)
That no action be taken on the suggestion of Mr. Jim Elgie that City employees issue tickets for
littering, with payment through volunteering time for City clean up.
14.
That the City of Kitchener renew its 1996/1997 General Insurance Program with the Frank Cowan
Company for a one-year term expiring August 31, 1997 for a total premium of $1,788,952 as
detailed in Schedule B of the July 30, 1996 memorandum from J. Gazzola, and,
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That the City of Kitchener confirm its acceptance of the proposal of H. L. Staebler Company
Limited to act as Broker of Record for the City for a three-year term commencing June 1, 1996 on
a flat fee-for-service basis as follows:
Year 1 $16,500
Year 2 $17,325
Year 3 $18,191
That the deductible be increased for the following areas of coverage:
FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D)
14. (Cont'd)
From To
Auto (Fleet and Transit)
Boiler & Machinery
Liability
Liability (Sewer Backup)
Property
5,000 $10,000
5,000 $25,000
5,000 $25,000
$10,000 $25,000
5,000 $25,000
That any premium reduction resulting from the revised deductibles be credited to the General
Insurance Reserve Fund to provide for future claims under the new deductible amounts, and,
That the cost allocation for insurance be adjusted immediately to reflect the increased premiums
noted above, and,
That, until the General Insurance Reserve Fund becomes more actuarially sound, cost of claims
under the deductible limits be charged to the Department/Enterprise budget relating to the
particular activity, and further,
That the Commissioner of Finance present to Council by November 30, 1996, a long-term plan for
maintaining the actuarial soundness of the General Insurance Reserve Fund.
*(Motion carried excepting the clause relating to charging deductible limits
to the Department/Enterprise which is referred to the Management
Committee for consideration and report to City Council).
15.
That consideration of the report of J. Koppeser dated August 1, 1996 concerning permanent
charitable casino sites be deferred to the September 9, 1996 meeting of the Finance and
Administration Committee.
16.
That appropriate amendments be drafted to the 1988 Kitchener Downtown Community Plan for
consideration by Planning and Economic Development Committee to establish revised criteria for
the facade improvement loan program and new criteria for grant programs to establish partial tax
relief for the rehabilitation of unused, industrial buildings, to pay for adaptive reuse feasibility
studies to rehabilitate buildings and land, and to exempt projects to rehabilitate buildings and land,
from building permit fees.
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE
That Council defer passing of the By-law to designate, or the withdrawal of the Notice of Intention
to Designate, the property known municipally as 381 Pioneer Tower Road, at the request of the
property owner, pending consideration of a Heritage Impact Assessment including a revised legal
description, to be completed in accordance with the Department of Planning and Development
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REPORTS ADOPTED BY COUNCIL
Heritage Impact Guidelines, as revised.
(Dealt with under delegations and Carried)
That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to
alter the designated property known municipally as 320 Dodge Drive, by constructing a detached
garage in the location shown on the site plan considered by the Local Architectural Conservation
Advisory Committee on August 2, 1996; and further
That the construction of the detached garage be in accordance with the plans, dated June 1996
and considered by the Local Architectural Conservation Advisory Committee on August 2, 1996;
and further,
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D)
2. (Cont'd)
That the exterior siding shall be 1 x 10 barn board (shiplapped), the windows shall be wood frame
with screens and storms to match the existing windows on the designated school house and the
roof material composite shall be similar to cedar shakes in appearance and match what is
presently on the designated school house.
That, pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be directed to published a
Notice of Intention to designate the property known municipally as 67-69 Ahrens Street West as
being of historic and architecturally significance; and further,
That the designation include the front (north) side (east and west) and rear (south) elevations; the
roof, the roofline, the arch bricked doorways on the front facade, all windows and doors and
openings, sills and voussoirs, front porch, the front and side gables and the front and rear
dormers.
That no action be taken on the request of the Department of Planning & Development for $500.00
from the budget of the Local Architectural Conservation Advisory Committee to assist with the cost
of two staff members attending the 1996 Heritage Canada National Conference; and further
That Messrs. L. Bensason and L. Masseo be authorized to attend the 1996 Heritage Canada
National Conference, in Prince Edward Island, at the expense of the Department of Planning &
Development.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
That staff be instructed to implement a program which, for 2 evenings, will provide the financially
disadvantaged with free bus transportation to allow them to attend the 1996 Festival of Lights in
Victoria Park.
That Council approve the preferred sanitary servicing scheme for the Old Chicopee Trail/River
Road Subdivisions 30T-95020 (173424 Ontario Limited); 30T-95021 (William Gies Construction
Ltd.); and 30T-95022 (810066 Ontario Ltd.), as was presented at the public open house on May 8,
1996, and further,
That Council approve the preferred location for Old Chicopee Drive from its existing terminus at
Daimler Drive to River Road, as was presented at the public open house on May 8, 1996, and
further,
That the two Schedule 'B' Class Environmental Assessment Study reports for these projects be
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filed with the City Clerk for the mandatory 30 day public review period.
That the design of the extension of Old Chicopee Drive and the development of rights-of-way and
trail systems in the residential developments bounded by Fairway Road, River Road and the
proposed extension of Old Chicopee Drive be referred to staff for detailed review during the
subdivision approval process.
That an Adult Crossing Guard facility be established at Vanier Drive at Walton Avenue, effective
September 3, 1996, and further,
That the 1996 Operating Budget be adjusted by $3,500.00 to reflect this additional service.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D)
5. That a School Bus Loading Zone be established on the west side of Westheights Drive from a
point 96 metres north of the intersection of Driftwood Drive to a point 13 metres north thereof, and
further,
That the Uniform Traffic By-law be amended accordingly.
6. That the School Bus Loading Zone on the east side of Queen's Boulevard, 46 metres north of
Bonfair Court, be moved to a point 24 metres further north, and further,
That the Uniform Traffic By-law be amended accordingly.
7. That a NO U-Turn Zone be established on Montcalm Drive from the intersection of Old York
Crescent to Hampton Place, and further,
That the Uniform Traffic By-law be amended accordingly.
8. That an all-way stop be installed at the intersection of David Street and Schneider Avenue, and
further,
That the Uniform Traffic By-law be amended accordingly.
9. That the existing controls be reversed to require east and west bound traffic on Samuel Street to
stop at Pandora Avenue, and further,
That the Uniform Traffic By-law be amended accordingly.
10. That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of
Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during
reconstruction of Fairway Road between Wilson Avenue and the Highway 8 Ramp between the
hours of 7:00 p.m. and 7:00 a.m. from August 12, 1996 through August 23, 1996.
11. That an all-way stop control be installed at the intersection of McGarry Drive and Westheights
Drive, and further,
That the Uniform Traffic By-law be amended accordingly.
12. That the Finance Department be instructed to establish a special fund in the amount of up to
$50,000.00 to provide for the installation of storm drain connections for sump pumps with these
funds to be charged to the Capital Contingency.
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COMMITTEE OF THE WHOLE
BY-LAWS AS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER -
1. Licenses
It was resolved:
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Canadian Mental Health Association to conduct a Monte Carlo event at Golf's
Steakhouse, 598 Lancaster Street West, Kitchener, on September 17-19, 1996,
inclusive."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Canadian Mental Health Association to conduct a Monte Carlo event at Golf's
Steakhouse, 598 Lancaster Street West, Kitchener, on October 7-9, 1996, inclusive."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Canadian Mental Health Association to conduct a Monte Carlo event at the Turf Club,
4278 King Street West, Kitchener, on October 18-20, 1996, inclusive."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Canadian Diabetes Association to conduct a Monte Carlo event at Golf's Steakhouse, 598
Lancaster Street West, Kitchener, on August 25-27, 1996, inclusive."
-and-
"That Mr. Paul Wilson, 33 Highcroft Court, Kitchener, be granted permission to operate a
Refreshment Stand at the Country Hills Shell Station, corner of Rittenhouse and Blockline
Roads, Kitchener, on August 24, 1996, provided that the necessary Licence and Health
and Fire approvals are obtained."
- and -
"That Marillac Place, 58 Madison Avenue South, Kitchener, N2G 3M5, be granted
permission to operate refreshment stands, in front of City Hall on Civic Square on the
following dates:
October 14, 1996, during the Thanksgiving Parade, &
November 16, 1996, during the Santa Claus Parade,
provided that the necessary Licence and Health and Fire approvals are obtained."
- and -
"That the City of Kitchener United Way Committee be granted permission to operate a
refreshment stand in front of City Hall on Civic Square on September 20, 1996, provided
that the necessary Licence and Health and Fire approvals are obtained."
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COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D
1. Licenses
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kitchener-Waterloo Gymnastics Club, 805 Victoria Street South, Kitchener, N2M 5N9, to
conduct a Monte Carlo event at the Transylvania Club, 16 Andrew Street, Kitchener on
November 13-15, 1996 inclusive."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kitchener-Waterloo Gymnastics Club, 805 Victoria Street South, Kitchener, N2M 5N9, to
conduct a Monte Carlo event at the Transylvania Club, 16 Andrew Street, Kitchener on
September 25-27, 1996, inclusive."
- and -
"That the City of Kitchener has no objection to a Lottery Licence being issued to the
Kitchener-Waterloo Gymnastics Club to conduct a Raffle Lottery at their office on 805
Victoria Street South, Kitchener, N2M 5N9, on December 7, 1996."
-and-
"That Ms. Nina Troezka be granted a Body Rub Parlour licence, for 29 King Street East,
Suite 201-218, for the year 1996, and further;
That Ms. Nina Troezka be granted a Massagist licence for the year 1996 and further;
That Ms. Nadia Troezka be granted a Massagist licence for the year 1996 and further;
That Ms. Malgorzata Deptulski be granted a Massagist licence for the year 1996."
-and-
"That the resolution enacted by Kitchener City Council, on July 15, 1991, with respect to
the sale of Break-Open tickets at the bingos held at the Transylvania Club, be amended to
read as follows:
'That the City of Kitchener has no objection to a Provincial Licence being issued to the
Transylvania Club Bingo Association to sell Break-Open tickets in association with their
bingos held at the Transylvania Club."'
-and-
"That the City of Kitchener has no objection to a Monte Carlo Licence being issued to the
Kitchener-Waterloo Oktoberfest Inc. as part of their Oktoberfest festivities at the Four
Points Hotel, 105 King Street East, Kitchener, on October 11-19, 1996 subject to the
proceeds being used for charitable purposes."
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- and -
"That the City of Kitchener has no objection to a Monte Carlo Licence being issued to the
Kitchener-Waterloo Oktoberfest Inc. as part of their Oktoberfest festivities at Bingeman
Park, 1380 Victoria Street North, Kitchener, on October 11-19, 1996 subject to the
proceeds being used for charitable purposes."
-and-
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COMMITTEE OF THE WHOLE
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D
1. Licenses
"That the Manager of Licensing be authorized to issue Ice Cream Vehicle Driver's
Licences to Allan Robertson and Tye McLaughlin as per their applications dated July 12,
1996 and July 15, 1996 respectively."
- and -
"That the Manager of Licensing be authorized to refuse the request for an Ice Cream
Vehicle Driver's Licence by Paul Joesph LeBlanc as per his application dated July 22,
1996."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Waterloo Regional Synchronized Swimming Club, 223 Lakeside Drive, Kitchener, N2M
4C7, to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road,
Kitchener, on October 8-10, 1996, inclusive."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kitchener-Waterloo Skating Club, 99 Seagram Drive, Waterloo, to conduct a Monte Carlo
event at the Moose Lodge, 655 Wabanaki Drive, Kitchener on October 1-3, 1996."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kiwanis Kavaliers to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street,
Kitchener, on September 27-29, 1996, inclusive."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kiwanis Kavaliers to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road,
Kitchener, on October 4-6, 1996, inclusive."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to the K-
W Minor Lacrosse to conduct a Monte Carlo event at the Howard Johnson Hotel, 1333
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Weber Street East, Kitchener, on October 11-13, 1996, inclusive."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Lion Rampant Accordion Band Inc., to conduct a Monte Carlo event at the Army, Navy
and Air Force Veterans Club, 2-408 Gage Avenue, Kitchener on September 24-26, 1996,
inclusive; providing that all proceeds from this event are used for the non-adult members
of the band."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Royal Purple of Canada, Lodge #356, 8-1200 Courtland Avenue East, Kitchener, N2C
1K7, to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road South,
Kitchener on September 13-15, 1996, inclusive."
-and-
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COMMITTEE OF THE WHOLE
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D
1. Licenses
"That the City of Kitchener has no objection to a Provincial Licence being issued to
Aequitas Inc., 300 Frederick Street, Kitchener, N2H 2N5, to conduct a Monte Carlo event
at the Edelweiss Tavern, 600 Doon Village Road, Kitchener on September 3-5, 1996,
inclusive."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to Saphrri
Inc., 300 Frederick Street, Kitchener to conduct a Monte Carlo event at the C.A.W. Union
Hall (Local 1451), 600 Wabanaki Drive, Kitchener on October 2-4, 1996, inclusive."
-and-
"That the YWCA of Kitchener-Waterloo, 155 Lincoln Road, Waterloo, N2J 4S7, be
granted permission to operate a refreshment stand at the downtown Kitchener Farmers'
Market on August 17, 1996, provided that the necessary licence and Health and Fire
approvals are obtained."
A motion to authorize issuance of an Ice Cream Vehicle Driver's Licence to Mark David Adler
as per his application dated July 16, 1996, was voted on and Lost.
Encroachment Aqreement - CENTRE WARD
It was resolved:
"That subject to obtaining the required variances from the Sign Chapter, the Mayor and
Clerk be authorized to execute an Encroachment Agreement with the registered owner(s)
and tenant of that portion of the property described as Part Lots 10 and 11, Plan 380
which is municipally known as 133 King Street West, to permit the installation of a
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REPORTS ADOPTED BY COUNCIL
swinging projecting sign as it encroaches 3.75 feet, more or less, over the King Street
West road allowance."
Execution of Final Release
It was resolved:
"That the Mayor and Clerk be authorized to sign a Final Release in connection with a
property insurance damage claim at the Market Square parking garage in the amount of
$3,115.60."
Offer to Purchase - Premier Machine & Gear
It was resolved:
"That the resolution adopted by Council on May 21, 1996 authorizing the sale of Part 2 on
Reference Plan 58R-9489 to Premier Machine & Gear Ltd. be amended by deleting the
words 'Part 2 on Reference Plan 58R-9489 and consisting of approximately 1.127 acres
at a total purchase price of $87,906.00' and substituting therefor the words 'Parts 2 and 3
on Reference Plan 58R-9489 and consisting of approximately 1.16 acres at a total
purchase price of $90,480.00'."
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COMMITTEE OF THE WHOLE
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D
5. Minutes of Settlement - ROCKWAY-ST. MARY'S WARD
It was resolved:
"That the Mayor and City Clerk be authorized to sign the "Minutes of Settlement" as it
relates to the assessment appeal launched by 803310 Ontario Inc. and settled by the
Regional Assessment Commissioner for Region #21 and Tax Agents for 803310 Ontario
Inc."
6. Execution of Enqineerinq Aqreement
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and Paragon
Engineering Limited, regarding Lackner Woods, Blocks 125/128, Draft Plan 30T-94020."
7. Salary Adjustment
Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all
discussion as his wife is employed in the Non-Union Technical and Supervisory staff group of
the City of Kitchener.
It was resolved:
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"1.That Non-Union Technical and Supervisory positions, up to and including Grade 24,
receive the same salary and fringe benefit adjustment for the period 1996-1999 as that
provided to CUPE Local 791.
2.That Management Staff, being Grades 25 and above, receive the same fringe benefit
package as that provided for in the latest contract with CUPE Local 791.
3.That Management Staff, being Grades 25 and above, receive the same salary
adjustment over the three year period as that approved for CUPE Local 791 ."
Councillor B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained
from all discussion and voting as his wife is employed in the Non-Union Technical and
Supervisory staff group of the City of Kitchener.
8. Release
It was resolved:
"That the Mayor and Clerk be authorized to sign a Release satisfactory to the City
Solicitor in favour of Words Worth Books Limited and Charles Erion relating to the Words
worth Bookstore lease and certain legal proceedings, as payment in settlement of such
matter has been received in full by the City."
9. Aqreement - Victoria Park Sculpture
It was resolved:
"That the Mayor and Clerk be authorized to sign an agreement with Brian Scott (artist) for
the design and installation of a sculpture in Victoria Park in honour of the Park's one
hundredth anniversary."
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COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D
10. Tenders
The tenders listed on the agenda were dealt with under Delegations.
Mr. T. McKay identified a typographical error in the recommendation with regard to Tender
T95-58, Repairs to Protestant Mausoleum - Woodland Cemetery and advised that the
tendered price should read $177,440 rather than $117,440 as summarized in the agenda. On
motion it was agreed that the resolution passed earlier in the Council meeting be corrected in
this regard.
11. Land Exchanqe - VICTORIA PARK WARD
It was resolved:
"That the City of Kitchener accept an offer dated May 1, 1996 from Acute Investments Inc.
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12.
13.
REPORTS ADOPTED BY COUNCIL
to purchase from the City a parcel of vacant surplus land described as Part of Lot 17,
Registered Plan 80 in exchange for $7,734.00 and a part of the purchasers abutting
property known as 11 Richmond Avenue, described as Part of Lot 17, Registered Plan 80.
This transaction is conditional upon the Purchaser obtaining a zone change and all costs
associated with this transaction shall be paid by the Purchaser.
And further, that the Mayor and Clerk are hereby authorized to execute any documents
deemed necessary by the City Solicitor."
Applications for Variances - City of Kitchener Municipal Code, Chapter 630 (Fence) -
SOUTH AND FOREST WARDS
The recommendation of the Committee of Adjustment respecting Submission No. F 3/96 - Ole
S. Petersen was dealt with under Delegations.
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City
Council, of July 30, 1996, recommending approval of Submission No. F 4/96 - David
Ziemann - Be Ratified and Confirmed."
Applications for Variances - City of Kitchener Municipal Code, Chapter 680 (Si.qn) -
FAIRVIEW AND SOUTH WARDS
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City
Council, of July 9, 1996, recommending approval of Submissions No.'s S 5/96 - 884481
Ontario Ltd. & S. 6/96 - Pioneer Sportsmen Club - Be Ratified and Confirmed."
14. Request for Assistance - Federation of Canadian Municipalities
The Committee considered a letter from the Federation of Canadian Municipalities requesting
City Council's assistance in light of flooding which has occurred in the Saguenag and Lac-St.-
Jean regions of Quebec.
Mr. T. McKay noted that Council has recently dealt with appeals for financial assistance where
damage was much less in total than what occurred in Quebec. The Committee discussed the
merits of providing financial or technical assistance and decided that a financial donation
would be more effective. Councillor J. Ziegler suggested that staff consider budgeting for
grants for disaster assistance in future.
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COMMITTEE OF THE WHOLE
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D
14. Request for Assistance - Federation of Canadian Municipalities (Cont'd)
A motion by Councillor J. Ziegler approving a $1,000 grant toward flood relief in the Saguenag
and Lac-St.-Jean regions of Quebec was voted on and Lost.
On motion by Mayor R. Christy -
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It was resolved:
"That a grant in the amount of $2,500 be approved to assist in flood relief in the Saguenag
and Lac-St.-Jean regions of Quebec."
15. Local Improvement Petition - SOUTH WARD
It was resolved:
"That we grant the petition of Mr. M. Kieswetter, et al for construction of watermains and
connections on:
King Street East, both sides between 75 metres south of Deer Ridge Drive and Deer
Ridge Drive on the west side and on the east side from Deer Ridge Drive to 245 metres
north of Deer Ridge Drive, and
Deer Ridge Drive, both sides, from King Street East to Grand Hill Drive, and
Grand Hill Drive, both sides, from Deer Ridge Drive to the south side of Folley's Lane."
16. Lease of Air Space - ROCKWAY-ST. MARY'S WARD
It was resolved:
"That the Mayor and Clerk be authorized to sign a 100 year air space lease with MTD
Products Limited, substantially in the form of the draft lease dated August 7, 1996 and
satisfactory to the City Solicitor, so as to permit the construction, maintenance and use of
a conveyor belt over Borden Avenue South near Nyberg Street."
17. Applications for Cancellation, Refund, Reduction or Levy of Taxes
The Committee considered a summary of applications attached to correspondence dated
August 7, 1996 from Mr. R.W. Pritchard. Councillor J. Ziegler disclosed a conflict of interest
and abstained from all discussion in respect to Item No. 357 (Application No.627) as Ziegler-
Brown Limited is owned by his mother.
It was resolved:
"That the applications attached hereto and forming part of these minutes relative to
cancellation, reduction, refund or levy of taxes be disposed of as recommended therein."
Councillor J. Ziegler previously disclosed a conflict of interest and abstained from all
discussion and voting in regard to Item No. 357 (Application No.627) as Ziegler-Brown Limited
is owned by his mother.
18. Refreshment Stand Licence
It was resolved:
"That the Sunshine Foundation of Canada, c/o Fred Lehmann, 2-210 Highland Crescent,
Kitchener, N2M 5H6, be granted permission to operate a refreshment stand at Forest
Heights Collegiate Institute, 255 Fischer-Hallman Road, Kitchener, on August 17 & 18,
1996, provided that the necessary Licence and Health and Fire approvals are obtained."
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B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D
19. Refreshment Stand and Hawker & Pedlar Licences
It was resolved:
"That CAW Local 4304, P.O. Box 1174, Kitchener, N2G 4G1, be granted permission to
operate a refreshment stand and act as Hawkers & Pedlars, at the Kitchener Memorial
Auditorium, 400 East Avenue, Kitchener, on September 8, 1996, provided that the
necessary Licence and Health and Fire approvals are obtained."
20. Refreshment Stand Licence
It was resolved:
"That Our Lady of Fatima Parish, 300 Simeon Street, Kitchener, N2H 1T5, be granted
permission to operate a refreshment stand at the Kitchener Portuguese Club, 1548
Westmount Road, Kitchener, from August 31-September 1, 1996, inclusive, provided that
the necessary Licence and Health and Fire approvals are obtained, and further,
That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of
Fatima Parish, providing that if a tent is erected, a building permit is obtained."