HomeMy WebLinkAboutCouncil Minutes - 1997-01-20COUNCIL\1997-01-20
JAN UARY 20, 1997
COUNCIL MINUTES
CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present except Mayor R. Christy who
was absent from the municipality on official City business.
The meeting began with the singing of "O Canada" by the 472nd Kitchener Brownies under the direction
of Jane Tollefson.
Councillor J. Ziegler thanked the Brownies and their leaders for their rendition of the National Anthem.
On motion by Councillor M. Wagner, the minutes of the regular Council meeting held on December 16,
1996, and special meetings held December 16, 1996 and January 6 and 13, 1997, as mailed to the
members, were accepted.
COMMUNICATIONS - N I L
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. No questions were forthcoming from
members of City Council
Moved by Councillor M. Wagner
Seconded by Councillor M. Yantzi
"That tender T96-114, Printing of Leisure Magazine, be awarded to Web Offset Publications
Limited, Pickering, at their tendered price of $48,339.00 (Option 1) plus G.S.T. and P.S.T."
-and-
"That tender T96-110, Fleet Vehicles (Vans, Cabs & Chassis), be awarded as follows:
Item #1 - three (3) 3,878 - 3,946 kg (8,500 to 8,700 lb.) G.V.W. Standard Vans complete to
specification CKF-92A to Weiland Ford Sales Ltd., Kitchener at their Iow tendered price of
$60,450., plus G.S.T. and P.S.T.
Item #2 - two (2) 4,536 kg (10,000 lb.) G.V.W. Dual Rear Wheel Conventional Cab & Chassis
complete to specification CKF-98 to Weiland Ford Sales Ltd., Kitchener at their Iow tendered price
of $42,326., plus G.S.T. and P.S.T.
Item #3 - one (1) 4,990 kg (11,000 lb.) G.V.W. All Wheel Drive Dual Rear Wheel Conventional
Cab & Chassis complete to specification CKF-288 to Parkway Ford Sales, Waterloo at their Iow
tendered price of $28,095., plus G.S.T. and P.S.T.
Item #4 -five (5) 4,538 kg (10,000 lb.) G.V.W. Dual Rear Wheel Crew Cab & Chassis complete to
specification CKF-242 to Parkway Ford Sales, Waterloo at their Iow tendered price of $120,245.,
plus optional AM/FM Radios on four (4) units at $233. each, G.S.T. and P.S.T.
Item #5 - two (2) 4,538 kg (10,000 lb.) G.W.W. Dual Rear Wheel Crew Cab & Chassis with Heavy
Duty Utility Body complete to specification CKF-242/CKF-198A to Parkway Ford Sales, Waterloo
at their Iow tendered price of $63,538., plus one unit with optional AM/FM radio, G.S.T. and P.S.T."
-and-
"That tender T96-111, Fleet Vehicles (Vans and Automobiles), be awarded as follows:
Item #1 - Two (2) 3,946 kg (8,700 lb.) G.V.W. Window Vans, complete to specification CKF-291 to
Weiland Ford Sales Ltd., Kitchener at their Iow tendered price for one unit at $30,692., and one
unit with optional gasoline engine at $27,118., plus cloth upholstery and full length carpet at $284.
each, plus G.S.T. and P.S.T.
Item #2 - one (1) Compact 4-door Sedan, complete to specification CKF-65 to Stedelbauer Motors
Ltd., Kitchener at their Iow tendered price of $14,254., plus G.S.T. and P.S.T."
-and-
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COUNCIL MINUTES
CITY OF KITCHENER
"That quotation Q96-217, Williamsburg Crematorium Power Distribution System, be awarded to
Harold Stecho Electric Limited, Waterloo at their quoted price of $42,922., plus G.S.T."
Carried.
Councillor T. Galloway enquired if Mr. Gordon could provide information as to whether the bronze plaque
ordered by Mayor R. Christy in commemoration of the visit to Kitchener by the great nephew of Field
Marshall Lord Kitchener of Khartoum and of Broome and of the erection of Lord Kitchener's portrait had
been purchased and completed. Mr. Gordon advised that it was his understanding the plaque was
finished.
Since Mayor R. Christy was not in attendance this date, Councillor T. Galloway requested that the issue
of the bronze plaque acquisition be listed on the next Finance and Administration Committee agenda for
discussion as to the 'propriety' of the purchase.
At this point Councillor B. Vrbanovic, Acting Mayor, and Councillor G. Lorentz made a presentation of
Certificates of Appreciation to the members of the Canada 2001 Summer Games Committee. Councillor
Vrbanovic pointed out that the joint Kitchener and Waterloo Volunteer Committee had been chaired by
former Councillor Carl Zehr and sincere appreciation was expressed to Mr. Zehr and the entire Team.
Many of the following individuals were in attendance to receive their Certificates of Appreciation:
Mr. Carl Zehr Ms. Sharon MacKinnon
Mr. Bob Arnot Ms. Caroline Oliver
Mr. Keith Baulk Mr. David Reynolds
Mr. John Cooper Mr. Bud Stanley
Mr. Brian Detzler Ms. Michelle Tetrault
Ms. Kathy Durst Mr. Don Smith
Ms. Jane Falconer Mr. Bob McFarland
Mr. David Graham Mr. Sam Besse
Mr. Whitney Kurchinski Mr. Rio Caron
Mr. Carl Zehr thanked the City for their recognition given to the Volunteer Committee. He noted that the
process in this matter was a great example of how the Cities of Kitchener and Waterloo can work together
on a common cause. He suggested that the community deserves some answers to the question of why
the bid was not successful in making the shortlist. In this regard, Mr. Zehr stated that he could not point
to one particular reason and that no one area stands out given that 172 factors were considered and
graded as well as weighted. However, he did note that it would appear areas of concern related to:
language, financial plan, perceived lack of community involvement and dates for the games received
negative evaluation. In summary, Mr. Zehr commented that the entire exercise was a good experience
and the community could have gained by a successful bid, but he suggested that the Canada Games
organization was the loser in this endeavour. Councillor B. Vrbanovic again expressed the City's
appreciation to the Bid Committee members for their work.
Mr. Don Bourgeois appeared as a delegation representing Friends of St. Jerome's to provide an update
on the status of the Fund Raising Feasibility Study and new proposals concerning the St. Jerome's
building. He advised that six submissions of Expression of Interest had been received from consultants
and that the Steering Committee would be reviewing the submissions and making a decision by the end
of January. He noted that 8 to 12 weeks had been allocated for the Fund Raising Feasibility Study and it
was anticipated that the April target date would be met. Mr. Bourgeois stated that a number of proposals
have been suggested and that the Committee was considering them all. As well, the Committee will be
meeting with potential user groups parallel to development of the Feasibility Study and it was intended to
bring information on the best approach to City Council in May.
Mr. Charles McEvoy, representing the K-W Philatelic Society, appeared as a delegation to make two
requests to City Council. He noted that the Club had been in existence for over 60 years and intended to
hold its annual show at a new location this year and paid a licence fee in this regard. However, they have
now been informed that the site does not have the proper zoning and the only alternative was to find an
alternate location or request that the City waive enforcement of the zoning by-law. As well, he requested
that City Council revise the date of the licence approval for the event from April 20 to April 12, 1997.
Moved by Councillor J. Ziegler
Seconded by Councillor T. Galloway
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CITY OF KITCHENER
"That with respect to a show and sale to be held by the K-W Philatelic Society at the new Christian
Reform Church at Westmount Road and Bleams Road, the Manager of Licensing be requested to
rescind and re-issue the April 20, 1997 licence under date of April 12, 1997, and further,
That the request of Mr. Charles McEvoy on behalf of the K-W Philatelic Society to waive
enforcement of the City's zoning by-law in connection with a show and sale to be held at the New
Christian Reform Church, Westmount and Bleams Road, on April 12, 1997, be approved."
Carried.
Councillor M. Wagner commented on the recent success of Canada's Hockey Team which won the
World Junior Championship, noting that he was in receipt of a Team sweater signed by all of the players.
At this time, he presented the autographed sweater to Councillor B. Vrbanovic who accepted on behalf of
the City and requested that it be displayed in both the City Hall and the Kitchener Memorial Auditorium
Complex. Councillor Vrbanovic advised that he had represented City Council at a reception for the Team
one week ago.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That the report of the Planning and Economic Development Committee of Council of this date be
adopted."
Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee of this date be adopted."
Councillor G. Lorentz advised that at the January 13 Community Services Committee meeting, a proposal
in regards to a carousel ride had been discussed and referred to the February 10 meeting. Since the
meeting a letter has been received from the Victoria Park Neighbourhood Association requesting
inclusion in any further consultation and he asked that Mr. J. Gazzola take this under advisement.
Councillor J. Ziegler stated that he has concern with the carousel request and would like to be part of any
working committee that considers the proposal. Mr. J. Gazzola advised that his preference was that a
staff team evaluate the request and bring the matter back to the Community Services Committee for
further consideration. Councillor B. Vrbanovic directed that when staff have completed the review, the
information be provided to City Council and the Victoria Park Neighbourhood Association which should
also be informed of all material to be considered by the Community Services Committee at its February
10 meeting.
Councillor M. Wagner advised that he had received a telephone call from a cyclist expressing concern
with regard to clause 1 of the Committee report. However, he suggested that the Region be given the
opportunity to address cycling matters following which interested individuals could react to the Regional
approach to needs of cyclists.
The report was then put to a vote and 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."
A motion by Councillor C. Weylie seconded by Councillor T. Galloway was Carried amending clause 10
of the report to provide that the resolution also be sent to the Federation of Canadian Municipalities.
In response to a question from Councillor Jake Smola concerning clause 6 of the report, Mr. E. Kovacs
confirmed that the City of Waterloo has been notified of the increase in the cash transit fare.
Councillor Jake Smola also questioned clause 9 of the report and Mr. R.W. Pritchard advised that it dealt
with the matter of adding or not adding items to the agenda of special Council meetings. Councillor Jake
Smola stated that it was his expectation that the Clerk would indicate if there was a violation of
procedures in this regard at any future special Council meetings.
COUNCIL MINUTES
JANUARY ~0, 1997
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CITY OF KITCHENER
Councillor M. Wagner referenced clause 7 of the report and noted that the municipality could not stand in
the way of Provincial policy on gambling, but he did wish to draw attention to a published report in the
Toronto Star on the negative effects of gambling on teenagers.
Councillor T.
received and
Arnot replied
Galloway referred to clause 1 of the report and questioned if a grant application has been
if so, whether it reflects the City portion of taxes only and not the full amount of taxes. Mr. R.
that an application had not been received, but he would look into the matter.
Clause 8 of the report was raised by Councillor B. Vrbanovic and Mr. R.W. Pritchard confirmed that
discretionary power in respect to Council's policy on flags has been vested with the Mayor.
The report was then put to a vote.
Voted on clause by clause.
Clause # 10 - Carried, As Amended.
Balance of Report - Carried.
Moved by Councillor T. Galloway
Seconded by Councillor Jake Smola
"That the report of the Environmental Committee of this date be adopted."
Councillor J. Ziegler referred to clause 1 of the report and advised that at the Committee meeting he
raised concern that before the City endorses the Green Triangle Program, it should have some
information concerning the program's success in Guelph. He noted that Mr. B. Stanley had offered to
obtain such information and recommended that the recommendation be deferred to provide for a staff
report in this regard before endorsation of the program was considered.
Councillor T. Galloway pointed out that a representative of Green Triangle had made a detailed
presentation to the Committee at its December meeting and in the interim, a letter had been received
referencing the official launch of the Green Triangle Program which is February 17, 1997. He suggested
that if we do not endorse the program, an opportunity would be lost to be part of the official launch of this
program and pointed out that the Committee was generally supportive of the goals of the Green Triangle
Program. In response to Councillor K. Redman, Councillor Galloway advised that the Green Triangle
presentation had been comprehensive and it was the Committee's view that the main activity was a
valuable tool for energy conservation of all forms. He noted that previously in Guelph, the predecessor of
the organization had provided his service at very Iow cost, but was now forced to charge a fee because of
government funding withdrawal. Councillor J. Ziegler acknowledged the beneficial work that the
organization is engaged in, but insisted Kitchener should know how customers have perceived their
service before giving endorsation. Councillor B. Vrbanovic suggested that because of the urgency and if
deferral was to be agreed to, the matter could be put on the agenda of the special Council meeting to be
held January 27.
A motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz to defer and refer clause 1 of the
report to the special Council meeting to be held January 27, 1997 was Carried.
The report was then put to a vote.
Voted on clause by clause.
Clause #1 - Action deferred and referred to the January 27,
1997 special Council meeting for consideration along with a
staff report from the Department of Planning & Development.
Balance of Report - Carried.
Councillor M. Wagner questioned if the Environmental Committee would be monitoring the changes to
Provincial legislation that affect the environment. Councillor T. Galloway advised that the Committee has
received a report from Planning staff in this regard and noted that when the Building Code changes are
finalized, the Committee would also monitor these and place the matter on a future agenda for discussion.
JANUARY ~0, 1997
COUNCIL MINUTES
7
CITY OF KITCHENER
He indicated that staff would provide a copy of the report on legislative changes involving environmental
issues to members of Council.
Councillor G. Lorentz referred to the possibility of a satellite station for K-W Ambulance Services being
included within the new Fire Department Station to be built in Forest Heights. However, capital dollars for
such ambulance services have been frozen by the Province and no one seems to be able to address the
proposal which has a narrow window of opportunity to be incorporated within the Fire Station facility. He
suggested that a letter should be sent to Mr. K. Seiling, Regional Chairman, and Mr. G. Thompson,
Regional Chief Administrator, expressing the City's concern, as well as to local M.P.P.s.
Fire Chief J. Hancock expressed the importance of including this proposal particularly since it was an
efficient and cost-effective service improvement.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
"That Mr. Ken Seiling, Chair, Waterloo Region and Mr. G. Thompson, C.A.O., Waterloo Region,
be advised that the City of Kitchener is seriously concerned over the freezing of capital funds and
delay caused by Provincial legislative change as it relates to the necessity for timely consideration
and decision-making within three months with respect to a proposal to relocate Kitchener-
Waterloo Ambulance Service's inadequate facility from St. Mary's Hospital to a facility integrated
within the new Forest Heights Fire Department Station, and further,
That a copy of this resolution be provided to the Honourable Michael Harris, Premier, the
Honourable Ernie Eves, Minister of Finance, the Honourable Bob Runciman, Solicitor General, the
Honourable David Johnson, Minister of Health, Mr. Gary Leadston, M.P.P., Kitchener-Wilmot, and
Mr. Wayne Wettlaufer, M.P.P., Kitchener, requesting their support to 'unfreeze' funding for this
needed ambulance facility."
Carried.
Councillor G. Lorentz referred to the continuing problem of speeding in residential areas in the community
and to a newspaper article on how Guelph and its residents were dealing with speeders. He asked that
staff consult with Guelph staff to obtain information relative to their program which he saw as proactive,
following which, Council could give consideration of cost to purchase the necessary equipment and loan
procedure. Councillor Jake Smola suggested that the issue be referred to the Safe City Committee for
comment; however, Councillor G. Lorentz felt it was not necessary for their involvement. Councillor K.
Redman indicated that the Committee would be pleased to comment on the details of the Guelph
program.
Moved by Councillor G. Lorentz
Seconded by Councillor M. Yantzi
"That the Department of Public Works be requested to obtain detailed information from the City of
Guelph on its program to advise drivers of their vehicle speed and that the matter be discussed by
the City's Management Committee with the representative of the Waterloo Regional Police
Service."
Carried.
Councillor Jake Smola reminded those in attendance and the viewing audience that a public meeting was
being held on Tuesday, January 21, 1997 at 7 p.m. in the Kitchener Council Chambers by the Twin City
Ad Hoc Committee dealing with the matter of regulation and prohibition of pit bull dogs.
Councillor M. Wagner expressed appreciation to Rogers Cable Television for its coverage of City Council
meetings, but noted that reference to the broadcast and its re-broadcast was very poor in the local
television guide.
Councillor T. Galloway referred to the numerous pieces of legislation introduced by the Provincial
government during the week of January 13 that would significantly alter what services are delivered and
funded at the Provincial level and at the municipal level. He commented that the legislative changes
have created more questions than answers, but that the end result would be a significant shift of property
taxes with the Region being responsible for approximately 70% of the average tax bill. Councillor
Galloway suggested that this change in circumstances might merit reconsideration of the issue of
Regional governance. Accordingly, he questioned if there was sufficient time to permit the matter of
separated local and regional councils to be reconsidered before the next municipal election. As well, he
JANUARY ~0, 1997
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CITY OF KITCHENER
requested clarification of the terms of reference of the Municipal Restructuring Commission and on what
basis it would undertake a review in any municipality. Several Councillors objected to the nature of
Councillor Galloway's request on the basis that the issue had already been debated at length and
decided at Regional Council.
Councillor G. Lorentz advised that there were more representatives from Kitchener than Waterloo on the
Twin City Committee and stated that it was his understanding representation was to be equal from each
municipality. He also questioned the bingo prize board issue. Councillor M. Wagner advised that
information would be forthcoming on the bingo prize matter and also pointed out in regards to
representation that each City had been asked to appoint three citizen representatives.
Councillor C. Weylie referred to concern that had been expressed in regard to the lack of a Canadian flag
in the auditorium facility. Councillor T. Galloway advised that the large flag had been stolen and Mr. T.
Clancy noted that the theft had occurred during a late night rental and that a new flag has been ordered.
At the request of Mr. R.W. Pritchard, Council consented to the addition of a by-law for three readings
dealing with Part Lot Control on Bankside Drive.
Moved by Councillor G. Lorentz
Seconded by Councillor Jake Smola
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect
to Tariff of Fees - Planning Matters
(b)
Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code regarding
Building - Permits and Fees
(c)
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
(d)
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
(e) To provide for an Interim Tax Levy and to provide for the payment of interim taxes
(f) Being a by-law to provide for interest to be added to tax arrears
(g) Being a by-law to establish a Penalty Charge for non-payment of current taxes
(h)
Being a by-law to amend By-law 96-94 to extend the time for conveyance of part of a
closed public highway being part of Fairway Crescent
(i)
Being a by-law to exempt from taxation for municipal and school purposes that portion of
the lands at 49 Frederick Street, Kitchener, known as the Kitchener Farmers' Market
(Cont'd)
(J)
Being a by-law to designate a Community Improvement Project Area in the City of
Kitchener and to provide for the preparation of a Community Improvement Plan for the Area
(k)
Being a by-law to adopt a Community Improvement Plan known as the Kitchener Downtown
Community Improvement Plan
(i)
Being a by-law to authorize an extension agreement with King Centre (Kitchener) Inc., the
owner of 255 King Street West, in accordance with the Municipal Tax Sales Act, permitting
a further six month period of time in which the cancellation price may be paid with respect
to the tax arrears certificate registered on the title to the lands known municipally as 255
King Street West, Kitchener on February 23, 1996
(m) To confirm all actions and proceedings of the Council
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CITY OF KITCHENER
(n)
Being a by-law to exempt certain lots from Part Lot Control - Part of Block 12, Registered
Plan 1790 - Bankside Drive
and that the same be taken as read a first time and stand referred to the Committee of the Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and
Councillor B. Vrbanovic, Acting Mayor appointed Councillor M. Wagner as Chair.
On motion, the Council rose from the Committee of the Whole and Councillor B. Vrbanovic, Acting Mayor
occupied the Chair.
Moved by Councillor M. Wagner
Seconded by Councillor T. Galloway
"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 Jake Smola
"That the by-laws listed on the agenda for third reading, namely:
(a)
(b)
(c)
(d)
(Cont'd)
(e)
(f)
(g)
(h)
(i)
Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect
to Tariff of Fees - Planning Matters
(By-law No. 97-3)
Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code regarding
Building - Permits and Fees
(By-law No. 97-4)
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. 97-5)
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. 97-6)
To provide for an Interim Tax Levy and to provide for the payment of interim taxes
(By-law No. 97-7)
Being a by-law to provide for interest to be added to tax arrears
(By-law No. 97-8)
Being a by-law to establish a Penalty Charge for non-payment of current taxes
(By-law No. 97-9)
Being a by-law to amend By-law 96-94 to extend the time for conveyance of part of a
closed public highway being part of Fairway Crescent
(By-law No. 97-10)
Being a by-law to exempt from taxation for municipal and school purposes that portion of
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CITY OF KITCHENER
(J)
(k)
(m)
(n)
the lands at 49 Frederick Street, Kitchener, known as the Kitchener Farmers' Market
(By-law No. 97-11 )
Being a by-law to designate a Community Improvement Project Area in the City of
Kitchener and to provide for the preparation of a Community Improvement Plan for the Area
(By-law No. 97-12)
Being a by-law to adopt a Community Improvement Plan known as the Kitchener Downtown
Community Improvement Plan
(By-law No. 97-13)
Being a by-law to authorize an extension agreement with King Centre (Kitchener) Inc., the
owner of 255 King Street West, in accordance with the Municipal Tax Sales Act, permitting
a further six month period of time in which the cancellation price may be paid with respect
to the tax arrears certificate registered on the title to the lands known municipally as 255
King Street West, Kitchener on February 23, 1996
To confirm all actions and proceedings of the Council
(By-law No. 97-14)
(By-law No. 97-15)
Being a by-law to exempt certain lots from Part Lot Control - Part of Block 12, Registered
Plan 1790 - Bankside Drive
(By-law No. 97-16)
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 the City of Kitchener approve the Canada's Technology Triangle (CTT) Restructuring as
outlined in the proposal attached to the correspondence dated January 6, 1997 from J. Gazzola
and V. Gibaut; and further,
That the City of Kitchener allocate $30,000 in the 1997 Budget for CTT activities subject to final
approval of the 1997 Operating Budget; and further,
That the City of Kitchener allocate $7,500 in the 1997 Budget for the Canadian Institute of
Technology for the Environment (CITE) subject to final approval of the 1997 Operating Budget.
That Trudy Beaulne and Councillor Karen Redman be appointed as Co-Chairs of the Safe City
Committee.
That Councillor Mark Yantzi be appointed Chair of the Kitchener Downtown Advisory Committee,
and further,
That Councillor Karen Redman be appointed Vice-Chair of the Kitchener Downtown Advisory
Committee.
That Demolition Control Application DC 96/5/M/RM (Millpark Development Corp.) requesting
approval for the demolition of a single family dwelling located at 313 Mill Street legally described
as Part Lot 46 of Subdivision 18, German Company Tract be approved, and further,
That Council authorize the Mayor and City Clerk to sign a Release of Condition l(x) of the existing
Section 40 Development Agreement pertaining to 313-317 Mill Street, registered on title as
Instrument No. 973867 and dated December 14, 1988.
It is the opinion of this Committee that approval of this application is proper planning for the City.
5. 1)
That City Council approve Municipal Plan Amendment Application MP 96/10/MP/BN
attached to staff report PD 96/116, being an amendment to the City of Kitchener Municipal
Plan to achieve conformity with the Regional Official Policies Plan by:
(a) amending Part 1, Section 2.4 to acknowledge Regional approval of Community
Plans where they are deemed to affect matters of Provincial or Regional
significance.
(b) amending Part 1, Section 3 to acknowledge that the Regional Population and
Household Forecasts will be used by the City where appropriate for planning,
infrastructure and other studies.
(c) amending Part 1, Sub-Section 3.1 to include Kitchener's household figures as
forecasted by the Regional Population and Household Forecasts.
(d) amending Part 2, Policy 1.1.3 to delete the policy and renumber the remaining
policies in this Sub-Section.
(e) amending Part 2, Policy 2.1.1 to indicate that the City will cooperate with the
Regional Municipality of Waterloo and Area Municipalities to develop economic
strategies, produce promotional material and monitor growth.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
(f) amending Part 2, Policy 2.3.2.5 to reflect the Regional Municipality of Waterloo's
non-involvement in Community Shopping Centres development and to acknowledge
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
that Regional approval is necessary for Retail and Traffic Impact Studies associated
with any Fairview Park Mall expansion.
(g) (i) amending Part 2, Policy 4.1.6 (i) to replace it with a new policy to recognize
that individual septic system will only be permitted when associated with agricultural
areas and with infilling in existing unserviced developed areas where other forms of
servicing are not feasible.
(g) (ii) amending Part 3, Policy 3.1.1.5 to indicate that individual septic system shall
only be considered as a servicing option within Limited Service Residential Districts
designated at the time of approval of this Plan.
(h) amending Part 2, Policy 4.5.1.1 to indicate that the City shall require the
proponent to submit an environmental audit where a change in the permitted or legal
use of lands is proposed on or adjacent to known, suspected or potentially
contaminated sites.
(i) amending the Plan to delete Part 2, Section 7 (except Policies 7.1.2.2 and
7.6.1.9) in its entirety and replace it with a new Section 7 "Natural Resources
Management" appended to this report which adds two new sub-sections (Natural
Habitat Network and Environmental Impact Studies), renumbers all policies and
modifies some policies as highlighted in bold italic. Furthermore, Section 7.5, Policy
8 is further modified to include trunk water mains.
(j) amending Part 2, Policy 8.3.2.3 to indicate that new private access points onto
King Street East between Sportsworld Drive and Highway 401 may be prohibited
and to remove the phrase "The City shall prohibit."
(k) amending Map 6 "Nodes and Transit Corridors" to identify as Secondary
Corridors Old King Street between the Grand River and Highway 401, and Benton
Street/Queen Street between King Street East and Highland Road.
(I) amending Part 3, Policy 3.3 to clarify where lodging houses and residential care
facilities are permitted within the residential districts. (This amendment will not
change the effect of the existing policies on lodging houses and residential care
facilities).
(m) amending Part 3. Policy 9.1.3 (i), (ii) and (iv) to increase the minimum lot size for
a new farm from 35 hectares to 40 hectares and to recognize that when two or more
existing farms are merged that a surplus farm-related residential unit and ancillary
surplus farm buildings may be severed from the merged farm provided the dwelling
is listed as a heritage resource and has a lot size of up to 1.2 hectares.
(n) amending Part 3, Policy 9.1.4 (i) to recognize that land classified as Class 4 is
not considered Prime Agricultural Land.
(o) amending Part 3, Policy 9.1.5 to prohibit severances for the creation of new lots
for non-farm residential uses except for infill purposes.
(p) amending the Plan to add in Part 2 a new sub-section 8.3.4 "Regional
Transportation System" which outlines the City's commitment to protect the regional
transportation system and move policies 8.3.1.8 and 8.3.1.9 to this sub-section.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
(q) amending Part 4 of the Plan to add a new sub-section 1.9 "Planning and
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2)
REPORTS ADOPTED BY COUNCIL
Development Approval Process" which is intended to ensure that the City's approval
process respects policies and procedures of all levels of government.
(r) amending Part 4, Section 3.4 to delete the last two paragraphs in order to make
the Municipal Plan with respect to public input reflective of the revised Planning Act
and the Regional Official Policies Plan.
(s) amending Part 5, Schedule A to modify the definition of "Environmental Impact
Study" to indicate that an Environment Impact Study will determine whether a
development may proceed and identify actions to be taken in order of preference to
prevent, minimize or mitigate the environmental impacts of the proposed
development.
It is the opinion of this Committee that approval of this Amendment to the City's Municipal
Plan is proper planning for the City.
That Zone Change Application ZC 96/38/TC/CL (City Initiated) increasing the minimum lot
size for agriculture uses in the Agriculture Zone (A-l) be approved, in the form shown in the
attached "Proposed By-law" dated November 12, 1996.
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.
That we re-affirm City Council's December 16, 1996 approval of the Kitchener Downtown
Community Improvement Plan (Clause #6 of the Dec. 16/96 PEDC report), as outlined below:
1) That City Council repeal By-law 87-263, and adopt the revised Community Improvement
Project Area as described on the attached Schedule "A" to staff report PD 96/84.
2) That City Council rescind the current Kitchener Downtown Community Improvement Plan,
dated February 15, 1988, adopted by City Council by By-law 88-48 on March 21, 1988, and
approved by the Minister of Municipal Affairs on April 28, 1988.
3) That City Council approve the Kitchener Downtown Community Improvement Plan, dated
November 13, 1996, attached to staff report PD 96/84.
4) That City Council formally advise Premier Michael Harris, and the Province of Ontario that City
of Kitchener relies upon Section 28 of the Planning Act as a key component of our strategy to
stimulate the renewal of our Downtown, and further that Kitchener's Downtown would benefit
through the amending of Section 28 (7) of the Ontario Planning Act to allow for tenant participation
in certain grant programs such as the City's Facade Improvement Loan Program.
That with respect to Council's December 16, 1996 approval of the 1997-Post 1998 Staging of
Development Report (Clause #7 of the PEDC report), the following revision be approved and
incorporated as sub-item (e) under item 3:
'e)
That the request from Harding/Annets/Seip be supported and that Parcel #22 be
advanced from 1997 C to Municipal Draft Plan Approval 1997 B'.
COMMUNITY SERVICES COMMITTEE -
1. That the City of Kitchener withhold any action on appointments to the Twin City Bicycle Committee
for a period of 1 year, in order to determine whether the Regional Bicycle Committee will look after
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REPORTS ADOPTED BY COUNCIL
the needs of Kitchener cyclists.
That the 3 tennis courts located beside Queensmount Arena be taken out of play and the fencing
posts and hard surface be removed, and further,
That the single tennis court established beside the arena in the compound area be retained.
That we waive the facility rental costs, totalling $500, for use of the Kitchener Memorial Auditorium
track, arena floor and Subscribers Lounge, to host the 1997 Southwest Regional Games for
Athletes with Disabilities, on Saturday, May 24, 1997 (Athletics and Boccia).
That we approve the request of the Health Fair/International Women's Day for an in-kind grant in
the amount of $663.42 to waive Rotunda rental costs involved in holding a community health fair
as part of International Women's Day festivities, and further,
That we approve the request of the Waterloo Regional International Women's Day Committee for
an in-kind grant in the amount of $663.42 for rental of the Rotunda on Saturday, March 8, 1997,
and further,
That these grants be approved for 1997 only.
FINANCE AND ADMINISTRATION COMMITTEE -
That the K-W Home Builders' Association submit a grant application to the Parks and Recreation
Department with regard to the request to exempt 47 Eby Street South from residential property
taxes from September 27, 1996 to March 31, 1997, with said application to be considered by the
Community Services Committee.
That the Legal Department prepare the 1997 encroachment agreement for 1 King Street West,
(Reggies Restaurant) so as to allow the operation of a hot dog cart, on a trial basis, from March
21, 1997 to December 31, 1997; and further,
That the Mayor and Clerk be authorized to execute the above agreement.
That Council approve two variances to the Sign By-law to allow projecting signs at 197 King Street
East (Fiedlers Delicatessen) and 1 King Street West (Walper Terrace Hotel).
That Mr. Ken Cressman, Mr. Jeffrey Morris and Mr. Donald Stewart be appointed to the Twin
Cities Committee for a term on one (1) year expiring November 30, 1997.
That staff be directed to obtain tenders for the demolition of the unsafe portion of the building at
231 Madison Avenue South, with said tenders to be considered in the event the property owners
fail to remedy the unsafe condition by February 10, 1997 as ordered.
That effective February 1, 1997, the adult cash transit fare be increased from $1.60 to $1.75, and
that all other fare categories remain as 1996 levels.
That the City of Kitchener register with the Province of Ontario, this Council's opposition to the
installation of video lottery terminals in general, and in charitable gaming halls in particular.
That Policy No. 1-26 (Flags) be amended to include the following as it relates to the half-masting of
flags at City facilities subsequent to the passing of a City employee:
FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D)
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8. (Cont'd)
10.
11.
12.
REPORTS ADOPTED BY COUNCIL
That with the approval of the Mayor or Chief Administrative Officer, the flags at City Hall be
lowered as a symbol of mourning.
That with respect to flags flown at all other City facilities, the decision to be left with the
Department Head responsible for the said facility.
That in each instance, the flag(s) be lowered from the time of passing until after the funeral.
When two or more flags are flown together at a City facility, all flags will be half-masted.
That Council re-affirm it's current policy relating to the procedure for adding items to special
Council agendas as outlined in Chapter 25 (Council Procedure) of The City of Kitchener Municipal
Code.
That Kitchener City Council positively acknowledge, through the Ministry of Finance, the Federal
government's offer to extend the Infrastructure Works Program into 1997; and further,
That the Mayor correspond with the Premier of Ontario, the Provincial Minister of Finance and
local MPP's, urging the Province to accept the Federal government's offer of an extension of the
tri-partite Program into 1997; and further,
That a copy of this resolution be sent to the Federation of Canadian Municipalities.
(As Amended)
That no action be taken on the request of Dr. Norman McMurchy that the City enter into a six-
month extension agreement with 567950 Ontario Limited, the owner of 209-223 Frederick
Street/18 Bingeman Street, so as to allow additional time to redeem the cancellation price with
regard to the current tax sale proceeding.
That a by-law be presented to City Council for enacting on January 20, 1997, authorizing an
extension agreement with King Centre (Kitchener) Inc., the owner of 255 King Street West, in
accordance with the Municipal Tax Sales Act, allowing a further six months to redeem the
cancellation price; and further,
That said agreement shall be in effect from February 22, 1997 up to and including August 22,
1997, following which the tax sale proceeding shall continue.
ENVIRONMENTAL COMMITTEE -
That the City of Kitchener endorses the environmental programs of the Green Triangle which
address all forms of energy conservation and cost reduction within residential dwellings.
(Action deferred and referred to the January 27, 1997 Special Council
Meeting for consideration along with a staff report from the
Department of Planning and Development)
WHEREAS a global reduction in emissions of greenhouse gases (GHG) is necessary to protect
against climate change and possible adverse effects on human health, the physical environment,
economy and quality of life; and
WHEREAS industrialized countries, gathered at the United Nations Conference on Environment
and Development in 1992, ratified a Convention on Climate Change committing countries to
stabilize greenhouse gas emissions to 1990 levels by the year 2000; and
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REPORTS ADOPTED BY COUNCIL
ENVIRONMENTAL COMMITTEE - (CONT'D)
2. (Cont'd)
WHEREAS current forecasts predict that Canada's GHGs could be in the order of 13% above
1990 emissions by the year 2000 if no action is taken, thus falling short of its commitment; and
WHEREAS since 1991 the Federation of Canadian Municipalities has encouraged municipal
governments to adopt a reduction target of 20% for CO2 emissions and has actively encouraged
municipal governments to adopt policies and measures to reduce GHG emissions within their
municipality; and
WHEREAS FCM has just established a 20% Club to provide a forum for municipal governments to
demonstrate their leadership on climate change issues and undertake to share their knowledge
and experience with other municipal governments; and
WHEREAS Club members commit to working towards reducing greenhouse gas emissions by
20% of 1990 levels first within their operations and, then throughout their municipal area by the
year 2005 as a final target or over a ten year period from the time a municipal government joins
the FCM 20% Club; and
WHEREAS the Council of the City of Kitchener by resolution dated October 11, 1994 supported
the "Cities for Climate Protection" and the "Canadian Declaration on Climate Change and the
Urban Environment" and through its "Strategic Plan for the Environment" has already implemented
many measures to reduce emissions of greenhouses gases at the municipal government level.
BE IT RESOLVED THAT the municipality of the City of Kitchener communicate to FCM its support
for the 20% Club and its expression of interest in participating in the Club.
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COMMITTEE OF THE WHOLE
A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER -
1. Encroachment Aqreement - VICTORIA PARK WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the
registered owner of Lot 8 and part of Lots 7 and 9, Registered Plan 222, known as 140
Highland Road West, to legalize the existing sloped stone retaining wall located on City
property known as 150 Highland Road West as it encroaches 3.0 feet, more or less, into
the rear yard of 140 Highland Road West."
2. Advance of Funds
It was resolved:
"That the City Treasurer is hereby authorized to advance funds, as required, to the Social
Planning Council of Kitchener-Waterloo, the Kitchener Musical Society, the Kitchener
Horticultural Society, Project Lift, the Kitchener Public Library Board, the Centre in the
Square Inc., the Kitchener-Waterloo Area Visitor and Convention Bureau, and the Homer
Watson House Foundation, provided such advances do not exceed 70% of the amount
provided by Council to any such local Board or organization during the year 1996, save
and except the Social Planning Council of Kitchener-Waterloo and Project Lift which shall
on a month-to-month basis receive not more than 1/12th of their 1996 City budget funds.
Such authorization, however, to exclude the Waterloo County Board of Education, the
Waterloo Region Roman Catholic Separate School Board, and the Regional Municipality
of Waterloo, and that this arrangement shall remain in effect until such time as the 1997
Budget is approved."
3. Minutes of Settlement
It was resolved:
"That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" relating to the
assessment appeal launched by Ontario Hydro and settled by the Regional Assessment
Commissioner for Region #21 ."
-and-
"That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" relating to the
assessment appeal launched by 496460 Ontario Limited and settled by the Regional
Assessment Commissioner for Region #21 and solicitors for 496460 Ontario Limited."
4. Community Festival
It was resolved:
"That in conjunction with the Multicultural Festival and all activities connected therewith, to
be held at Victoria Park Saturday, June 28, 1997 and Sunday, June 29, 1997, the week of
June 22 to July 1, 1997 inclusive be declared a period of Civic Celebration in the City of
Kitchener and that this event be considered a 'Community Festival' within
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COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
4. Community Festival (Cont'd)
Kitchener. Further, that the Kitchener-Waterloo Multicultural Centre Inc. be granted a
Retail Exhibition licence, provided that the necessary Licence and Health and Fire
approvals are obtained."
5. Licences
It was resolved:
"i) That Mr. Christopher Haggarty be granted a Massagist licence for the year 1997 and
further,
That Ms. Catherine McCallum-Spoerri be granted a Massagist licence for the year `1997.
ii) That Ms. Debora Winnicki be granted a Massagist licence for the year `1997.
iii) That Ms. Bibi Shamela Khan be granted a Massagist licence for the year `1997.
iv) That Ms. Nicole Gauthier be granted a Massagist licence for the year `1997.
v) That Ms. Julie Globus be granted a Massagist licence for the year `1997.
vi) That Ms. Kim Bagey be granted a Massagist licence for the year `1997."
-and-
"That Ms. Cheryl Edwards be granted a Body Rub Parlour licence, for `10 Duke Street
East, Unit 5, Kitchener, for the year `1997."
-and-
"That the Manager of Licensing be authorized to issue a Hawker & Pedlar's Licence to
Robert James Skinner as per his application dated December `16, `1996."
-and-
"i) That Ms. Nina Troezka be granted a Body Rub Parlour licence, for `1'127 King Street
East, for the year '1997, and further;
That Ms. Nina Troezka be granted a Massagist licence for the year '1997 and further;
That Ms. Alisa Blackmore be granted a Massagist licence for the year '1997 and further;
That Ms. Malgorzata Deptulski be granted a Massagist licence for the year '1997 and
further;
That Ms. Janine Tibeau be granted a Massagist licence for the year '1997 and further;
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REPORTS ADOPTED BY COUNCIL
That Ms. Ania Jasinski be granted a Massagist licence for the year 1997.
ii) That Ms. Iris Bonfig, 51 Paulander Drive, #55, Kitchener, be granted a Massagist
licence and a Body Rub Parlour licence for the year 1997, and further;
That Mr. Thorsten Bonfig, 51 Paulander Drive, #55, Kitchener, be granted a Massagist
licence for the year 1997."
-and-
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COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
5. Licences (Cont'd)
"That the City of Kitchener has no objection to the Children's Hospital of Western Ontario
Foundation 746 Base Line Road E., Suite 406, London, Ontario, N6C 5Z2, being granted
permission to sell raffle tickets in the City of Kitchener for a draw to be held at London
Health Sciences Centre, 373 Hill Street, London, Ontario, on June 1, 1997."
-and-
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kitchener-Waterloo and District Chapter of the Canadian Cystic Fibrosis Foundation to
hold a $20,000.00 Monster Bingo event at the Kitchener Memorial Auditorium Complex,
Kitchener tentatively on May 11, 1997; and further,
That the City of Kitchener has no objection to the above selling Nevada Tickets in
conjunction with the Monster Bingo on May 11, 1997."
6. Downtown Liqhtinq Desiqn Study
It was resolved:
"That the Mayor and Clerk be authorized to sign an agreement satisfactory to the City
Solicitor between the Corporation and John MacDonald Architects Inc. to undertake
consultant services regarding the Downtown Lighting Design Study."
7. Expropriation Settlement - CENTRE WARD
It was resolved:
"That the City accept the offer of Ancona Printing Limited made in letters dated December
16, 1996 from John Doherty and L. Scott Smith, Solicitors, to settle in full for the all
inclusive sum of $43,500. (including interest and assessment costs) all its outstanding
appraisal costs respecting the expropriation of 121 Duke Street West, Kitchener."
8. Resolution to Grant Tax Exemption - CENTRE WARD
It was resolved:
"That the Kitchener Farmers' Market located on a portion of the lands at 49 Frederick
Street, Kitchener is leased and used by the City for the purpose of the municipality and for
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REPORTS ADOPTED BY COUNCIL
a public use."
Transit Services
Reference was made to a document entitled "Principles of an Agreement for the Provisions of
Transit Service by Kitchener Transit to the City of Waterloo". Councillor T. Galloway pointed
out that one clause in the agreement dealt with the matter of provincial transit subsidies and
the effect on the agreement should such subsidy be withdrawn by the Province. Mr. J.
Gazzola confirmed that there was a clause dealing with the removal of subsidy, as well as a
sub-clause and it was staff's opinion that an alternate form of payment to the municipality
would still be in place. In response to Councillor Galloway, Mr. Gazzola stated that he
believed the City of Waterloo had a similar interpretation.
Councillors T. Galloway and B. Vrbanovic thanked staff involved in the difficult negotiations to
reach this agreement which they viewed as beneficial to both municipalities.
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COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D
9. Transit Services (Cont'd)
Councillor G. Lorentz disagreed with the remarks that the agreement was beneficial to both
municipalities and noted that the City of Waterloo had set the tone for negotiations which
result in reduction of service and staff layoffs. Councillor Jake Smola commented that heavy
transit spending had been encouraged in the past based on the 75% Provincial subsidy.
Councillor J. Ziegler stated that he always questioned the need for large buses running in
suburban areas particularly in off peak hours. He suggested that the agreement was a good
start on taking a fresh look at how transit service is delivered. Councillor K. Redman also
viewed the agreement as an opportunity in respect to future transit service.
It was resolved:
"That the Cities of Waterloo and Kitchener approve the principles for the provision of
transit services to the City of Waterloo by Kitchener Transit as defined in the document
entitled "Principles of an Agreement for the Provisions of Transit Service by Kitchener
Transit to the City of Waterloo" attached to a January 15, 1997 memorandum signed by
E.S. Kovacs, General Manager, Department of Public Works and J.A. Gazzola, Acting
C.A.O. (City of Kitchener) and G. Lemon, Director of Engineering and T. Stockie, C.A.O.
(City of Waterloo).
That the principles be incorporated into a legal agreement, and
That the Mayors and Clerks of the Cities of Waterloo and Kitchener be authorized to
execute such an agreement."
10. Uncollectible Utility Accounts
Councillor B. Vrbanovic questioned what the procedure was for trying to locate persons
responsible for unpaid bills. Mr. O. den Ouden advised that the City does everything possible
to collect, but if unsuccessful, refers the accounts to a collection agency. Mr. J. Gazzola
confirmed that G.S.T. payable on uncollectible accounts is ultimately refunded to the City if the
account proves totally uncollectible.
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It was resolved:
REPORTS ADOPTED BY COUNCIL
"That the list of Uncollectible Utility Accounts amounting to $34,114.05 as attached to the
memorandum from Olav den Ouden, Director of Revenue, dated December 5, 1996, be
written off against the Allowance for Doubtful Utility Receivables."
11. Uncollectible Tax Accounts
It was resolved:
"That the list of Uncollectible Tax Accounts amounting to $89,185.26 as attached to the
memorandum from Olav den Ouden, Director of Revenue, dated January 3, 1997, be
written off against the Allowance for Doubtful Taxes Receivable."
12. Tenders
The tenders were dealt with under Delegations.
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COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D
13. Body Rub Parlour Licence
The Committee was in receipt of a memorandum dated January 20, 1997 from the Manager of
Licensing.
It was resolved:
"That Mr. Bradley Baumbach be granted a Body Rub Parlour licence, for 100 Queen Street
South, Kitchener, for the year 1997."
14. Purchase of Land - Fire Hall Site, Ottawa Street North/River Road East
The Committee was in receipt of a memorandum dated January 20, 1997 from Mr. G.
Andersen, Land Purchasing Officer, recommending purchase of lands proposed as a future
fire station location.
Councillor B. Vrbanovic noted that the future station to be developed as a result of a relocation
of Fire Hall No.3 and would serve the Centre, Stanley Park and Chicopee Wards. Further, it
was proposed to relocate the Stanley Park Library to the site and he suggested that facility
partnerships would be the way future municipal facilities were developed. Councillor Jake
Smola advised that the site was situated adjacent to the Service Station at the southeast
corner of River Road East and Ottawa Street North. Mr. J. Gazzola pointed out that as a
result of the land purchase, it had been necessary to adjust the Capital Forecast and that
$200,000 had been shifted from the Lot Levy Fund from the year 2000 to 1997.
It was resolved:
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REPORTS ADOPTED BY COUNCIL
"That the City of Kitchener, for purposes of a new fire station and branch library, accept an
offer from John M. Gould Limited dated January 16, 1997 to sell to the City for $550,000
an 'L' shaped piece of land situated near the southeast corner of River Road East and
Ottawa Street North, legally described as Lot 12, Registered Plan 1278, save and except
that Part of the Lot designated as Part 4, Plan 58R-8570. The parcel comprises
approximately 2.32 acres, subject to three separate easements being in favour of Bell
Canada, Kitchener-Wilmot Hydro and the City; and
Further, that the Mayor and Clerk are hereby authorized to execute any documents as
required by the City Solicitor to complete this transaction."