HomeMy WebLinkAboutCouncil Minutes - 1999-07-05COUNCIL MINUTES
J U LY 5, 1999
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 Chelsea Lahey. Mayor C. Zehr thanked Ms.
Lahey for her rendition of the National Anthem.
On motion by Councillor John Smola, the minutes of the regular meeting held June 21, 1999 and special
meeting held June 28, 1999, as mailed to the Mayor and Councillors, were accepted.
COMMUNICATIONS REFERRED DIRECTLY TO FILE - N I L
Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the
tenders listed under Clause #6 of the Committee of the Whole agenda of this date.
Moved by Councillor T. Galloway
Seconded by Councillor J. Ziegler
"That Tender T99-052, 14,968 KG (33,000 Ib.) G.V.W. Cab & Chassis with Street Flusher
Body, be awarded to Advance Engineered Products Ltd., Concord, Ontario at their
tendered price of $119,155., plus G.S.T. and P.S.T."
-and-
"That Tender T99-054, Hoist Replacement - Transit Centre, be awarded as follows:
a)
b)
Materials portion to Ford-Smith Machine Company Limited, Stoney Creek, Ontario
at their tendered price of $43,580. plus G.S.T. and P.S.T.
Labour portion to Prostat Construction Inc., Cambridge, Ontario at their tendered
price of $39,995., plus G.S.T."
-and-
"That Expression of Interest E99-058, Consultant Services - Parking Signage Study, be
awarded to Entro Communications, Toronto, Ontario, at their estimated fee of $40,000., plus
G.S.T."
-and-
"That Tender T99-069, Hewlett Packard Network Servers, be awarded to Orbex Computer
Systems, Guelph, Ontario at their tendered price of $206,572.20., plus G.S.T. and P.S.T."
Mr. Bill Thomas and Mr. Roger Forwell appeared on behalf of the Poseidon Project Steering Committee.
Mr. Lee Larson, Geon Inc., Ohio, was also in attendance. Mr. Thomas advised that the Steering
Committee representatives were in attendance this date to give a status report on the project which
would see a competitive swimming facility with spinoff development constructed on the former Epton site
at King and Victoria Streets. He advised that a request for a preliminary architectural study has been
issued.
Mr. Forwell outlined the members of the Poseidon Project Team and their involvement in development of
a facility program, investigating site potential, developing feasibility scenarios, and conducting an
economic analysis. Mr. Forwell indicated that representatives will return to Council in the early Fall of this
year with a further update and options for Council consideration.
Mr. Jon Huemiller was in attendance and praised Parks and Recreation Department staff for their quick
and efficient response to his request for consideration of tree and shrub planting in several areas of the
City. In this regard, Council was in receipt this date of June 28, 1999 correspondence from Mr. Huemiller
extending his appreciation to staff.
Mr. Huemiller also commented on the use of 272 Weber Street West as a headquarters by the Satan's
Choice Motorcycle Club, which he characterized as an entrenched, organized crime group. He
suggested that the use of the premises by the Club raises moral, ethical and legal questions including
where the money comes from to pay property taxes and the type of activity that goes on there. Mr.
Huemiller referred to his lengthy written submission, circulated to members of Council this date, which is
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also critical of the Waterloo Regional Police Services Board. Mr. Huemiller's written submission
requested the City to take action in launching a public investigation concerning the legality of an
organized crime group controlling, owning and occupying 272 Weber Street West, and initiating a
complaint with the Waterloo Regional Police Services Board urging a public, judicial enquiry concerning
the investigation and prosecution of retired police officer Kevin Hawkins, as well as a review of all civil
action concerning the statement of claim filed by Mr. Hawkins.
Councillor J. Ziegler advised that the next meeting of the Waterloo Regional Police Services Board is
July 14, 1999, and suggested that Mr. Huemiller register as a delegation and address the Board at that
time.
Motion to Reconsider:
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That Council reconsider its decision of February 1, 1999 in which it took no action with respect to
Committee of Adjustment Submission No.S 2/99 (Sears Furniture and Applicance/Beaconridge
Development Inc.) - Gateway Park."
(Carried by the required two-thirds of members present)
Mr. Brenton Toderian, MacNaughton Hermsen Britton Clarkson Planning Inc., appeared on behalf of
Beaconridge Development Inc., the owner of 130 Gateway Park Drive. Mr. Toderian presented what he
described as a compromise in the February 1999 submission at which time the height and size of the
proposed sign were of concern. He stated that Sears is now prepared to reduce the surface area of the
sign to 20 square metres, consistent with the City's Sign By-law, but would like a height variance to allow
a 10.1 metre sign as opposed to the 7.5 metre height allowed in the By-law. Mr. Toderian explained that
this is needed to establish sign visibility along the Highway 8 by-pass. Mr. Toderian advised that he had
met with representatives of the Ministry of Transportation at which time it was indicated they would not
agree to the removal of any vegetation from the MTO lands to increase sign visibility. He also advised
that on June 25 he met with community representatives, but was unsuccessful in reaching a
compromise which the residents are prepared to support. Mr. Toderian suggested that reducing the size
of the sign is a significant compromise, noting that it will not be visible from the residential
neighbourhood and the lit portion of the sign will face the Highway 8 by-pass. He indicated that in his
view, the height requested was not unusual nor unreasonable given the existing signage in the area. He
noted that his client had not applied for permission to erect a roof top sign as they do not feel this is a
good or aesthetically pleasing solution. Mr. Toderian indicated he is prepared to commit in writing that
his client will make no further requests for sign variances. He further suggested that this type of
application approval does not have a route of appeal to the Ontario Municipal Board and the issue of
precedence is entirely in the hands of the local Council which is free to judge each application on its
individual merits.
Councillor J. Haalboom asked whether his client is opposed to the use of a facia as opposed to a pylon
sign, and Mr. Toderian replied that if the facia sign were visible from the Highway 8 by-pass, his client
would be satisfied; however, the Ministry of Transportation is inflexible in regard to the necessary
vegetation removal. He further noted that this refusal has been consistent and he does not feel they can
be persuaded to change their position.
Mr. Perry Hindegan, Sears Stores Manager, indicated that the sign proposed is intended to accurately
identify the type and nature of the store in Gateway Park and is being proposed by a valued and long-
time corporate member of the community which has been involved in extensive charitable and
community sponsorship. Mr. Hindegan requested Council's support of the variance requested.
Mr. Rinze Vanderwerff appeared as a representative of the Pinegrove Community Association and in
opposition to the proposed sign variance. He indicated that the sign is taller than what is permitted by the
Ministry of Transportation, and noted that the sign viewing area is very small and given the speed of
traffic will have limited impact in identifying the location. He also pointed out that the by-pass is a major
entrance to the City and should be kept clear of signs.
Mr. Robert McColl, a resident of the area, indicated that he had polled a number of Neighbourhood
Associations, and all of those responding indicated support for a prohibition of signs on the Highway 8
by-pass. He suggested that the sign is unnecessary as the store will have a captive market of
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approximately 50,000 directly across the street. He asked that Council deny the request for a sign
variance and require Sears to comply with the Sign By-law.
Councilllor J. Ziegler put forward a motion, seconded by Councillor B. Vrbanovic, to grant the height
variance requested by Sears Furniture and Appliance/Beconridge Development Inc., provided it
conforms to the City Sign By-law in all other respects.
Mr. Toderian responded to an earlier comment that the proposed sign exceeds the height allowed by the
Ministry of Transportation and indicated that the 9.4 metre maximum is a guideline only and that the
Ministry has no concern with sign height other than that signs above a certain height be designed by a
professional engineer. Mr. Toderian suggested that one further possibility would be that if the City or his
client is successful in convincing the Ministry of Transportation to remove the trees at issue, his client
would commit to either building a fascia sign, or a pylon sign conforming to the Sign By-law. Mayor C.
Zehr questioned whether Mr. Toderian's client is still prepared to provide additional plantings on a two for
one basis if the Ministry agrees to remove the larger vegetation. Mr. Toderian replied that he was
uncertain, though if his client had given this assurance in the past, he is confident that this is still
acceptable.
Councillor J. Ziegler agreed to amend his motion to include the alternative solution proposed by Mr.
Toderian, a further approach to the Ministry concerning tree removal, and a re-planting arrangement.
Councillor T. Galloway indicated that he could not support a variance in any event as he feels it is
unnecessary given other alternatives. Councillor J. Haalboom offered the opinion that Sears should
construct a fascia sign the same as other businesses in Gateway Park.
The amended motion was then voted on.
Moved by Councillor J. Ziegler
Seconded by Councillor B. Vrbanovic
"That in respect to Committee of Adjustment Submission S 2/99 (Sears Furniture and
Appliance/Beaconridge Development Inc.) - Gateway Park, approval be granted for a pylon sign
having a height of 10.1 metres rather than the 7.5 metres required in the Sign By-law, but which
conforms to the by-law in all other respects; and further,
That the City and the applicant jointly approach the Ministry of Transportation to further pursue
the request to remove vegetation along the Highway 8 by-pass which would obstruct a sign of the
height required by the By-law; and, in the event the Ministry agrees to removal of the vegetation,
it is the City's understanding the applicant will construct either a fascia sign or a pylon sign
conforming to the City Sign By-law and re-plant more appropriate vegetation at a ratio of two for
every one removed."
Carried.
Council then considered a recommendation arising from in-camera discussion this date.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That the City enter into an agreement to loan up to $4.4 million to the owner of Market Square
Shopping Centre, subject to review of the terms and conditions of the agreement by outside legal
counsel to the satisfaction of the City Solicitor; and further,
That the Mayor and Clerk be authorized to execute any documentation required by the City
Solicitor."
Carried.
Mr. Paul Dietrich appeared on behalf of Hallman Rosedale Limited and in support of Clause 6 of the
Planning and Economic Development Committee report of this date concerning Plan of Subdivision 30T-
98207.
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Mr. James Tait appeared concerning Clause 6 of the Planning and Economic Development Committee
report of this date and in regard to the purchase of additional parkland in the Edenbridge Drive area of
the subdivision. Council was also in receipt this date of correspondence from Mr. Tait dated July 5, 1999
containing a petition signed by 53 residents who own lands adjacent to the proposed subdivision and to
support the City purchasing property abutting Springmount Park for purposes of park expansion.
Mr. Tait pointed out that at the time of initial development it was expected that active parkland would
accrue to the community from the development of two school sites which have now been declared
surplus and have been sold to the subdivision developer. He encouraged Council to take steps to
acquire additional parkland to remedy this situation.
Councillor C. Weylie put forward a motion, seconded by Councillor M. Yantzi, to adopt Clause #6 of the
Planning and Economic Development Committee report of this date.
Councillor Jake Smola suggested that he does not believe Council is prepared to purchase additional
parkland at this time; however, lands in the Idle Creek and Daimler area will be considered in September
as possible locations for an enhanced playground area.
Councillor Jake Smola put forward a motion, seconded by Councillor G. Lorentz, to amend subsection
59 of Clause #6 of the Planning and Economic Development Committee report of this date to reflect the
construction of sidewalks on both sides of all streets.
Mr. T. Clancy advised that the playground area should be moved in any case, and should be closer to a
walkway for safety and security reasons. He noted that in his view the lands offered for purchase are not
the best value and that staff are prepared to work on developing an enhanced play area.
The amending motion by Councillor Jake Smola, seconded by Councillor G. Lorentz, was then voted on
and Carried. The motion, as amended, was then voted on.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause #6 of the Planning and Economic Development Committee report of this date be
adopted, as amended."
Carried.
Councillor C. Weylie disclosed a pecuniary interest and abstained from all voting and discussion
concerning Clause #11 of the Planning and Economic Development Committee report of this date
(Municipal Plan Amendment Application MP 97/10/F/JG and Zone Change Application ZC
97/24/F/JG) as Heinz Kraushaar, a property owner in the area, is a client.
Mr. Don Lasso appeared in support of Clause #11 of the Planning and Economic Development
Committee report of this date pertaining to the Central Frederick Land Use Review which includes
removal of the funeral home use.
Mr. John Ryrie appeared in support of Clause #11 of the Planning and Economic Development
Committee report of this date and pointed out that the neighbourhood is redeveloping itself which has
resulted in overall stability and that higher density uses, such as funeral homes, should not be
permitted in the area, irrespective of whether they preserve existing historic structures.
Mr. Peter Bufe appeared in support of Clause #11 of the Planning and Economic Development
Committee report of this date, and the excluding of the funeral home use. Mr. Bufe stated that should
Council wish to include funeral homes as a permitted use, they should at minimum require that the
existing buildings be maintained and the historic streetscape preserved.
Mr. Anthony Christie appeared in support of Clause #11 of the Planning and Economic Development
Committee report of this date and indicated he moved to the neighbourhood because it was reverting
to its original residential use, and that a funeral home would change both the density and aesthetic of
the neighbourhood.
Mayor C. Zehr referred to correspondence received this date from the first mortgage holders of one of
the affected properties indicating opposition to the Official Plan and Zoning By-law Amendments, and
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their understanding that these would not be dealt with by Council this date. Mr. B. Stanley advised
that Ms. J. Given had contacted the McMurchy family and advised them of staff's intention to
introduce the Zone Change and Official Plan Amendment By-laws for consideration this date.
Councillor K. Taylor-Harrison also confirmed that she had spoken with one of the realtors involved
who was aware of this, but had no plans to attend the meeting this date.
Moved by Councillor M. Yantzi
Seconded by Councillor J. Ziegler
"That Clause #11 of the Planning and Economic Development Committee report of this date be
adopted."
Carried.
A representative of J.M. Drama was in attendance this date concerning Clause #1 of the Community
Services Committee report involving use of the former Registry Building for community arts purposes.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That Clause #1 of the Community Services Committee report of this date be adopted."
Carried.
Mr. Chris Smith was in attendance on behalf of the Waterloo Region District School Board and
concerning the Heritage Kitchener report of this date dealing with window replacement at Suddaby
School, the Frederick Street elevation of which is designated under the Ontario Heritage Act. He
noted that the Board initially suggested replacement with aluminium windows for energy conservation
and security reasons with the intention of replicating the muntin bars as they appear on the historic
windows. Mr. Smith pointed out that Heritage Kitchener is recommending a new wood laminated
window and the Board has agreed to this for the upper storey windows alone. Aluminium retrofits are
still preferred for the ground level windows based on maintenance concerns, security and the fact that
these windows can be installed by the time the school opens in August.
Mr. Peter Bufe, a member of Heritage Kitchener, appeared and circulated a written submission
comprised of adjustments to the cost estimate for the window restoration project. He indicated his
preference for wood windows in all cases as these conform to Provincial conservation guidelines. He
suggested the repair of existing wooden windows and replacement only where necessary, and added
that a bad example would be set if aluminium retrofits were allowed rather than conservation of the
existing wood windows.
Mayor C. Zehr enquired whether Mr. Bufe's proposal have been discussed by Heritage Kitchener or
whether he or the Committee had approached the School Board in this regard, and Mr. Bufe replied
in the negative to both.
Mr. L. Bensason, Heritage Planner, spoke to the Heritage Kitchener recommendation, noting that
Suddaby School is a landmark structure and the designated Frederick Street elevation defines the
building. He stated that the question of window replacement was previously addressed when the
Board approached the City concerning replacement of windows on the rear elevation of the building,
at which time it was specified that agreement to allow aluminium retrofits on this elevation did not
assume similar treatment on the Frederick Street elevation. Mr. Bensason suggested that the
alternative recommended by Heritage Kitchener and outlined by the window consultant meets all of
the energy and other needs of the Board.
Councillor K. Taylor-Harrison questioned statements made concerning the safety of wood versus
aluminium construction and the varying amounts of time required to produce and install each product.
Mr. Bensason replied that in his opinion, the wooden window specified would be no easier to break
than the aluminium product. Mr. C. Smith responded that he cannot accurately specify the difference
in delivery time for the aluminium versus wooden windows; however, the wood model would require a
specification and tender and the aluminium retrofit would not. He suggested that in the current
construction environment, it may be difficult to issue a tender and install by August the produce if a
wood window is selected.
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Councillor J. Haalboom put forward a motion seconded by Councillor T. Galloway to adopt the report
of Heritage Kitchener of this date. A suggestion by Councillor Jake Smola was subsequently
accepted as a friendly amendment and would have the impact of specifying that the Heritage
Kitchener recommendation applies only to the Frederick Street elevation of the building and that
aluminium reproductions would be allowed on the ground floor level of both the side and rear
elevations of the building.
Councillor G. Lorentz raised concerns over the technical issues involved and suggested that further
discussion take place this date between Mr. Smith and Mr. Bensason.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That consideration of the Heritage Kitchener report be deferred at this time pending further
discussion this date involving Mr. Chris Smith and Mr. Leon Bensason, and that they attempt
to reach a compromise solution which can be dealt with by Council later in the meeting."
Carried.
Mr. David Cowland appeared on behalf of the Downtown Advisory Committee and outlined a
proposal whereby the Kitchener-Waterloo Chess Club would relocate to Kitchener City Hall for
purposes of meetings, training and possibly tournaments. Mr. Brian Clark, Chair of the K-W Chess
Club, was also in attendance in support of the proposal.
Mr. Gowland suggested the installation of three or four chess tables under the overhang of the two
wings of the City Hall building at an estimated cost of approximately $700 per unit. He noted that Arts
and Culture staff support the proposal and in the event the chess tables cannot be used at City Hall in
the future, they can be relocated to other park areas. Mr. Gowland indicated that if Council were to
give concept approval this date, he would ask that they also direct staff to assist with pricing and
project development. Mr. T. Clancy commented that the only concern that comes to mind relates to
the use of the area under the overhang from time to time during the year for special events such as
the ice sculpture competition. He also noted that in regard to the use of facilities at City Hall, the
Chess Club would have the same access to meeting rooms and the Rotunda as any other
organizations.
Moved by Councillor M. Yantzi
Seconded by Councillor K. Taylor-Harrison
"That Council approve, in principle, the proposal of Mr. David Gowland to relocate the K-W
Chess Club to City Hall and to install chess tables under the overhangs adjacent to the Civic
Square, and that with the assistance of staff, the feasibility and cost of the project be evaluated
with a report to the Community Services Committee at a future date."
Carried.
A number of delegations appeared in regard to Clause #1 of the Finance and Administration
Committee report (June 28, 1999) of this date recommending that the distribution of free food be
added as a prohibited activity under Policy 1-314 (City Security Officers) unless the permission of
Council is obtained.
Ms. Aliz Csenki appeared on behalf of Food Not Bombs, and asked for an indication of what will be
required to obtain Council permission to dispense free food at City Hall. Mayor C. Zehr replied that
criteria in this regard would have to be established, but relocation of this activity is being
recommended. Ms. Csenki suggested that the minutes of the Finance and Administration Committee
meeting on June 28, 1999 were very brief and provided little explanatory background, nor did they
record detailed comments of the Food Not Bombs delegates who appeared. She also noted that the
minutes convey a one-sided view of the allegations raised. Councillor J. Ziegler suggested that one
option open to Ms. Csenki would be to state the group's position in writing for appending to the
Council minutes.
Ms. Csenki stated that Food Not Bombs works with the K-W Youth Collective in dispensing food, and
the efforts of the latter should be recognized and supported. She noted that in their circle of friends
what is socially acceptable may vary and Council should be more tolerant of individual behaviour. Ms.
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Csenki addressed allegations of specific, inappropriate behaviour in the Square during food
distribution and referred to a recent incident during which she alleged the owner of William's Coffee
Pub provoked one youth who in turn swore and threw food. She noted the only other incident
involving food which could be construed as negative involved the accidental breaking of a spice
bottle, which was cleaned up afterwards. Ms. Csenki responded to the allegation that members of the
group discouraged customers from entering William's and told them that William's was not a good
corporate citizen by indicating that making these statements is their right, though she could not
determine who may have made them. Ms. Csenki characterized these incidents as minor and trivial
when compared to the larger issue of hunger. She stated that food is being served in front of William's
because the Civic Square is the core of the City, is accessible, and has a high profile. The area in
front of William's is also busier than the opposite corner of the Square.
Mr. Tom Alexandrowicz appeared in regard to the food distribution and indicated that members of
Food Not Bombs are exercising their democratic right to free expression and that through the
distribution of free food are conveying the message that there is enough food for everyone. He
suggested that a ban on food distribution in the Square would deprive individuals of their right of free
expression. He characterized free food distribution as a non-violent activity which is quite distinct from
other forms of inappropriate behaviour referenced in Policy 1-314. He noted that giving free food
occurs daily in many different forms and it would be impossible to determine if everyone of these
distributions should be allowed, and urged Council not to support the recommendation before them.
Mr. Alexandrowicz referred to a legal opinion prepared for Council concerning this matter. He
indicated that Clerk's Division staff had advised him this document cannot be released to the public
unless Council agrees to waive solicitor-client privilege and asked whether Council is prepared to do
SO.
Councillor M. Yantzi enquired whether Food Not Bombs is prepared to consider other food
distribution locations meeting their needs, and Mr. Alexandrowicz responded that there may be room
for compromise and they are prepared to discuss alternatives. He suggested mediation between
William's and Food Not Bombs would be appropriate.
Mr. C. Smith of the Waterloo Region District School Board and Mr. Leon Bensason, Heritage Planner,
re-entered the meeting at this time and Council resumed discussion of the Heritage Kitchener report
of this date. Mr. Smith advised that a compromise had been reached and that he is prepared to abide
by the Heritage Kitchener recommendation; however, he asked that the third paragraph of the
recommendation dealing with external protective grills on the basement windows be removed and
that he be given latitude to address the problems of security which the window replacement would
create.
Council then dealt with the previous motion of Councillor J. Haalboom to adopt the Heritage Kitchener
report with the friendly amendment of Councillor Jake Smola and the removal of paragraph 3 of the
recommendation.
Moved by Councillor J. Haalboom
Seconded by Councillor T. Galloway
"That the Heritage Kitchener report of this date be adopted, as amended."
Carried
Mr. Paul Baines spokes to the issue of free food distribution in the Civic Square and in defence of
what he described as basic human needs and fairness. He offered the opinion that the
recommendation before Council demonstrates that society has lost touch with reality. He pointed out
that the Civic Square is public land and one business should not be allowed to override this right. He
suggested that it is an insult to have to defend the distribution of free food when people are going
hungry, and indicated he could not understand how this type of behavior could be considered illegal
and listed along with other objectionable behavior in the City policy.
Councillor K. Taylor-Harrison commented that no one has said that distribution of free food is
unnecessary, but rather all that is being suggested is that alternate, public locations be considered.
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Mayor C. Zehr noted that there are significant number of unregistered delegations on this matter and
that Council is only accustomed to hearing new information which was not put forward at the
Committee level.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
"That Council hear the remaining unregistered delegations in attendance to speak to the issue
of free food distribution on City property, but only where new information in involved."
Carried.
Ms. Desiree Taric, Waterloo, appeared and offered the opinion that the process followed in
consideration of this matter was unjust as Food Not Bombs received insufficient notice of the intention
of the Finance and Administration Committee to debate a policy amendment in regard to free food
distribution. She stressed that Food Not Bombs is not seeking a monopoly on use of the Civic
Square, which it only uses for free food distribution between 2 and 4 p.m. on Saturdays. She also
noted that other groups use the Square on an ongoing basis. She expressed concern that the
allegations of inappropriate behaviour made by the owner of William's Coffee Pub seem to have been
accepted without question and added that William's enjoys the benefits of their location on the Civic
Square but these also come with corresponding constraints. Ms. Taric questioned what criteria would
be used to judge whether permission to distribute free food would be granted and asked that if
Council passes the Committee recommendation in this regard, Food Not Bombs be provided with a
list of the criteria to be used.
Ms. Cara Payne, Waterloo, cautioned Council against making a hasty decision in regard to the issue
of free food distribution in the Civic Square, arguing that what is being done is beneficial and should
be allowed to continue.
Mr. Raj Gill, Waterloo, advised that City Hall is a symbolic place of gathering and dialogue which
allows barriers to be overcome peacefully. He indicated his support for independent mediation
between William's Coffee Pub and Food Not Bombs, and assured Council that the organization is not
trying to hinder William's or reduce its profits. He suggested that Council should limit its involvement
to dealing with specific issues of harassment rather than free food distribution itself.
Mr. Julian Ichim appeared on behalf of the K-W Youth Collective, and in opposition to the proposed
amendment to Policy 1-314 on the grounds that it gives the City too much power to ban distribution of
free food. He suggested that this distribution is worthwhile and is being done without any financial
assistance from the City. He referred to the allegation that he had made statements that Williams
Coffee Pub is not a good corporate citizen, and indicated he does not talk like that, nor was any
member of the Youth Collective approached to substantiate this allegation. Mr. Ichim stated that he
has 35 signatures from individuals in the Council Chamber who are opposed to the policy amendment
along with a letter of opposition from Randy Pedersen, Co-ordinator of Greenpeace Kitchener. Mr.
Mike Dawson of the Youth Collective read the letter to members of Council, which opposes any
prohibition on the distribution of free food in general and on City property in particular.
Councillor T. Galloway pointed out that the letter from Greenpeace Kitchener appears to reflect the
author's belief that the intention of Council is to categorically prohibit distribution of free food on City
property. Mr. Julian Ichim responded that Greenpeace Kitchener was told that distribution would be
banned without permission, and Councillor Galloway responded that the letter does not reflect this
understanding. Mr. Ichim stated that the impression has been created that Council's expectations or
criteria in regard to allowing free food distribution would be too high for Food Not Bombs or any other
group to meet.
Mr. Davin Charney appeared on behalf of the Youth Collective to clarify its role in the free food
distribution which he characterized as start-up assistance and promoting the first serving. He stated
that the Youth Collective opposes Policy 1-314 generally and a petition in this regard has been
circulated and presently has more than 100 signatures. Mr. Charney indicated that he would be
appearing before Council in future once he has accumulated more than 1,000 signatures. He stated
that the amendment to this Policy represents a further restriction on the freedom of expression on
public property, and advised that free food distribution is a form of political protest. Mr. Charney
stated that the current location was chosen based on the volume of traffic and the shelter provided by
the overhang. He suggested that William's Coffee Pub must accept both the benefits and drawbacks
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of locating within City Hall. He recommended against the proposed Policy amendment and asked that
Council consider the possibility of people being ticketed or arrested in the Civic Square for distributing
free food and the impression this will create.
Councillor K. Taylor-Harrison questioned what Mr. Charney considers a reasonable compromise in
the event mediation takes place between William's Coffee Pub and Food Not Bombs. Mr. Charney
replied that there is always room for compromise, but not in regard to individual rights. He suggested
that William's Coffee Pub has not been open to compromise and that Mr. McWhinney has stated that
there is nothing anyone can do which would reduce his opposition to the distribution of free food at
City Hall. Councillor Taylor-Harrison responded that she was at the meeting where Mr. McWhinney is
alleged to have made this statement and she advised it was her understanding that it was meant to
apply to a specific organization distributing free food every Saturday on an indefinite basis. Councillor
Taylor-Harrison further noted that in he past Mr. McWhinney has been prepared to co-operate with
any group using the Square and to the best of her knowledge has never opposed a food related
request. Mr. Charney responded that Mr. McWhinney has not been passive to date in his opposition
to the free food distribution and is responsible for the complaint which resulted in Police recently
obstructing food distribution.
Ms. Sarah Anderson, Waterloo, appeared and advised that Food Not Bombs plans to use the kitchen
operated by Reaching Our Outdoor Friends (ROOF) in the near future. She stated that they have
tried to obtain access to local soup kitchen facilities; however, this has not been possible due to their
heavy use. She referred to photographs separately circulated of Food Not Bombs members reacting
to being prevented from dispensing food and suggested that these convey the wrong impression. She
noted that since February she has only seen three incidents of what could be termed inappropriate
behaviour, and that members of Food Not Bombs have not displayed any inappropriate behaviour to
date. She advised that the only confrontation she witnessed involving yelling and swearing was due
to unfair opposition to the servings.
Mr. Kevin Smith, Waterloo, appeared as a representative of the K-W Ontario Coalition Against
Poverty and indicated that Kitchener would be contributing to the problem of poverty and government
oppression of the poor by enacting the Policy amendment as recommended. He suggested that
conveying a message concerning poverty requires a high profile location and indicated his support for
mediation in dealing with the specific problems to date. He suggested that if the Policy is amended as
recommended, there will likely be opposition.
Ms. Sherri Povey, Kitchener, appeared in support of the distribution of free food on City property. She
also indicated her wish to speak on issues involving air quality and the City's use of pesticides. Mayor
C. Zehr indicated that he would speak with Ms. Povey on the latter issues following the meeting and
is prepared to share any City policies in these areas with her so that she may address Council at a
future meeting.
Mr. Bruce Milne, Kitchener, appeared and expressed concern over the adversarial situation which
has developed over the free food distribution. He advised that ROOF will allow the Food Not Bombs
organization to use its kitchen space once renovations are complete. He offered the opinion that the
current situation is not a problem requiring legislation, but can be resolved through mediation.
Councillor J. Ziegler put forward a motion, seconded by Councillor M. Yantzi to adopt Clause #1 of
the Finance and Administration Committee report of June 28, 1999.
Councillor M. Yantzi indicated his opposition to the recommended amendment to Policy 1-314 and
stated that though he agrees that health standards must be met and inappropriate behaviour
prohibited, no one should require special permission to dispense free food. In response to a question
from Councillor Jake Smola, Mr. T. Clancy advised that local service clubs presently obtain
permission to dispense food on City lands.
Councillor B. Vrbanovic indicated that he would support the policy amendment and clarified that
Council has never indicated it was not supportive of initiatives to reduce poverty but has simply
indicated that guidelines should be in place in regard to free food distribution in order to balance the
rights and needs of all citizens. He suggested that members of Food Not Bombs devote their
energies to working with other groups concerned with poverty and a great deal more could be
accomplished to help those in need of assistance. Councillor K. Taylor-Harrison agreed that it is
unfortunate the current situation had evolved to the point where legislation is being contemplated;
however, this is only being done since a negotiated solution has not been possible to date. Councillor
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T. Galloway stated that a legislated solution to the problem is being contemplated due to the
behaviour of some individuals involved in the food distribution. He suggested that mediation may be
more appropriate to deal with unacceptable behaviour and the location issues. Mayor C. Zehr
stressed that it is not his desire, nor the desire of Council, to prohibit the distribution of free food
which is an admirable undertaking. There is however the issue of the indefinite use, week after week,
of the same space in the Civic Square. He suggested that there needs to be some action to address
this matter, ideally with the co-operation of all involved. Councillor J. Ziegler acknowledged that the
distribution of free food is a right; however, other individuals and businesses also have rights. He
suggested permitting the activity without permission until, or if, there is interference at which time
distribution of food on City property will be suspended subject to review by Council. Councillor Ziegler
read his proposed motion in this regard, which he subsequently amended to include required
compliance with other by-laws and health approvals. Mr. J. Shivas advised that the Health Protection
and Promotion Act would apply in a regulatory capacity to free food distribution. He suggested that if
there is a complaint and a stop put on the activity, he would suggest that the organization be required
to lodge an appeal with Council so that all parties would have an opportunity to comment.
Councillor K. Taylor-Harrison indicated that in addition to this action, and if both parties are willing, the
other issues between William's Coffee Pub and Food Not Bombs could be addressed through
mediation. Mayor C. Zehr indicated that the motion proposed by Councillor Ziegler would not preclude
this, and Councillor B. Vrbanovic suggested that other locations in the Civic Square be considered as
well.
On motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, the motion on the floor to adopt
Clause #1 of the Finance and Administration Committee report (June 28, 1999) was withdrawn, and
the replacement motion proposed by Councillor J. Ziegler was substituted therefor.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That the revised Clause #1
1999) be adopted."
of the Finance and Administration Committee report (June 28,
Carried.
Council was in receipt of Business and Planning Services report BPS #99/109 in regard to Clause #1
of the Planning and Economic Development Committee report of this date. It was agreed to substitute
the staff recommendation for Clause #1 of the Committee report.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause #1 of the Planning and Economic Development Committee report of this date be
adopted."
Carried.
Mr. E. Kovacs, General Manager of Public Works, spoke to Clause #4 of the Planning and Economic
Development Committee report of this date dealing with a request for an exemption from the City's
Storm Water Management Policy as it relates to construction of a storm water management pond at
the Trinity Village Development. Mr. Kovacs advised that without the storm water management pond
runoff from the site would more than double. Council then dealt with a motion by Councillor J. Ziegler
to grant the exemption request.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That revised Clause #4 of the Planning and Economic Development Committee report of this
date be adopted."
Motion Lost.
Moved by Councilor C. Weylie
Seconded by Councillor M. Yantzi
"That the Planning and Economic Development Committee report of this date be adopted."
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Voted on clause by clause.
Clauses #1 & #5 - Carried.
Clause #4 - Motion Lost.
Clause #6 - Dealt with under Delegations
and Carried, as amended.
Clause #11 Dealt with under Delegations
and Carried.
Balance of report - Carried.
Recorded Pecuniary
Abstention:
Interest and
Clause #11
Kraushaar,
client.
- Councillor C. Weylie as Heinz
an affected property owner, is a
Mayor C. Zehr asked that as early as possible, a report be tabled at an upcoming Planning and
Economic Development Committee meeting addressing the issue of how the City could ensure
sufficient parkland within new subdivisions where school sites are involved. He noted that this has
been problematic in the past where school sites have been declared redundant, and he suggested
that if this occurs there should be an automatic parkland dedication to compensate for the loss.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee of this date be adopted."
Councillor T. Galloway noted that Clause #8 concerning the Millennium Celebration requires direction
from Council. In this regard, Council was previously in receipt of the June, 1999 report of M. Price,
Manager of Arts, Culture & Events, outlining various options in this regard.
Councillor B. Vrbanovic suggested developing the event on two sites; namely, the City Hall and
Victoria Park (Clock Tower). Councillor K. Taylor-Harrison questioned whether the concerns raised by
Mr. Price in regard to staffing are still valid. Mr. T. Clancy responded that there are concerns as to the
number of people in the building during this type of celebration in the required method of control. He
advised that this could be handled, as it has been done in the past; however, more co-operation
would be needed from staff and outside event handlers. Councillor Vrbanovic suggested that staff
could develop a plan for the use of both sites, and if necessary, change or refine it. Councillor J.
Haalboom enquired where the $145,000 in additional funds would come from, and Ms. P. Houston
replied that at present there is a budget of $11,500 and any additional amount would be in the form if
an over-expenditure. Mr. J. Gazzola indicated that there are two areas of concern which will have to
be addressed, the staff shortage in regard to running the event and the issue of safety given the
number of people expected at City Hall. Council then dealt with a motion by Councillor B. Vrbanovic
to stage the Millennium Celebrations at two locations, the City Hall and Victoria Park.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Yantzi
"That Clause #9 of the Community Services Committee report of this date be adopted."
Carried.
The balance of the Community Services Committee report was then voted on clause by clause.
Clause #1- Dealt with under Delegations
and Carried.
COUNCIL MINUTES
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CITY OF KITCHENER
Clause #9 - Carried.
Balance of report - Carried.
Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
"That the City Council meeting of this date extend beyond 12 midnight."
Carried Unanimously.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That the report of the Finance and Administration Committee of June 21, 1999 be adopted."
Carried.
It was agreed to add the Sick Leave Reserve Fund recommendation arising from the special Finance
Committee meeting of this date to the June 28, 1999 report of the Finance and Administration
Committee.
Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion and voting
concerning Clause #4 of the Finance and Administration Committee report (June 28, 1999) as his
wife is employed in the City's Information Services Division.
Councillor T. Galloway disclosed a pecuniary interest and abstained from all voting and discussion
concerning Clause #11 of the Finance and Administration Committee report (June 28, 1999) as he is
employed by the University of Waterloo.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That consideration of clause #4 of the Finance and Administration Committee report of this
date be deferred and referred to the October 25, 1999 meeting of the Finance and
Administration Committee pending a report from J. Gazzola on the need at that time for an
early retirement incentive program."
Councillor J. Ziegler commented that it is inappropriate to consider a replacement for the Early
Retirement Incentive Program through negotiated contract as this incentive should be entirely within
the control of Management and Council. He also argued that this would give Council additional time
to deal with the issue of the Sick Leave Plan and how it relates to the early retirement incentive.
The motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, to defer consideration of
Clause #4 of the Finance and Administration Committee report of this date was voted on and
Carried.
It was agreed to amend Clause #2 of the Finance and Administration Committee report of June 28,
1999 to reflect a deferral of the Globe Studios grant request to the August 16, 1999 Finance and
Administration Committee meeting, and then to the Special Council meeting the same date pending
additional information.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That the report of the Finance and Administration Committee (June 28, 1999) be adopted."
Voted on clause by clause.
Clause #1 - Dealt with under Delegations
and Carried.
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Clause #2 - Carried as amended.
Clause #4 - Action deferred and referred to
the October 25, 1999 meeting of the Finance
and Administration Committee pending a
report from J. Gazzola on the need at that
time for an early retirement incentive
program.
Clause #11 - Carried.
Balance of report - Carried.
Recorded Pecuniary
Abstentions:
Interests and
Clause #4 - Councillor B. Vrbanovic as his wife
is employed by the City's Information Services
Division.
Clause #11 - Councillor T. Galloway as he is
employed by the University of Waterloo.
Councillor J. Ziegler left the meeting at this time.
Council was in receipt of a report from D. Arnold, Assistant City Solicitor, dated June 30, 1999
recommending a change in the wording of Clause #2 of the Public Works and Transportation Committee
report of this date regarding various natural gas delivery service contracts. Council agreed to the
substitution as recommended.
Councillor Jake Smola put forward a motion to defer Clause #3 of the Public Works and Transportation
Committee report of this date and refer same to the August 16, 1999 Public Works and Transportation
Committee meeting to allow further discussion between the Cities of Kitchener and Cambridge and the
Region of Waterloo on a possible joint initiative involving free transit service as part of a clean air plan.
The motion failed for lack of a seconder.
Moved by Councillor John Smola
Seconded by Councillor B. Vrbanovic
"That the report of the Public Works and Transportation Committee of this date be adopted."
Voted on clause by clause.
Clause #3 - Carried.
Balance of report - Carried.
Council was in receipt this date of June 25, 1999 correspondence from Brian Koepk, Superintendent -
Waterloo Regional Police Services, and Bert Kuntz, Deputy Fire Chief- Kitchener Fire Department,
requesting a $13 per golfer grant, to a maximum of $1,820, in regard to the upcoming 6th First Annual
Community Golf Tournament in support of the Youth Issues Committee and youth programming.
Mr. T. Clancy advised that other reductions have already been negotiated by staff in regard to this event
and the grant requested would be in addition to these. He also noted that the request does not meet
Council's grant criteria, and the City receives many requests of this nature in respect to golf
tournaments. He further noted that this request should have been processed through the Community
Services Committee.
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CITY OF KITCHENER
Moved by Councillor G. Lorentz
Seconded by Councillor M. Yantzi
"That no action be taken on the request of the Kitchener Fire Department and the Kitchener
Division of the Waterloo Regional Police Services for a $13 per golfer grant (maximum of
$1,820) in conjunction with the July 26, 1999 Community Golf Tournament to be held at
Rockway Golf Course."
Councillor G. Lorentz indicated that this request should not be treated differently than any other
simply because of the involvement of municipal government employees and the request should have
been put forward two months ago at the Committee level. He suggested that the package already put
together by staff in regard to use of the golf course is a good one and it is inappropriate to approve an
additional grant. Councillor K. Taylor-Harrison pointed out that the organizers are all volunteers with
no seed money and that this initiative is driven by the Youth Action Committee. Councillor M. Yantzi
indicated that he would not support the recommendation as it violates the City's grant policy. He
suggested that if a grant is required for youth programming, this should be dealt with directly in the
form of a grant request.
The motion by Councillor G. Lorentz, seconded by Councillor M. Yantzi, to take no action on the
Community Golf Tournament grant request was voted on and Carried.
Council agreed to the request of Mr. R.W. Pritchard to add two additional by-laws for three readings
this date, both corresponding to Council's earlier adoption of the Municipal Plan Amendment and
Zone Change in regard to the Central Frederick Land Use Review as part of the Planning and
Economic Development Committee report.
Moved by Councillor J. Haalboom
Seconded by Councillor M. Yantzi
That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to amend By-law 97-123 which exempts from Part Lot Control - Part
Blocks 1 to 8 inclusive, Plan 58M-16; Part Blocks 1, 6 and 7, Plan 58M-17; and Blocks
1 and 2 and Part Blocks 3 and 4, Plan 58M-19 - Mountain Mint Crescent, Pine Martin
Crescent and Hackberry Street
(b)
Being a by-law to exempt certain lots from Part Lot Control - Part Block 58, Plan 58M-90
- Candle Crescent
(C)
Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code with
respect to Signs
(d)
Being a by-law to amend By-law No.99-104 which authorizes the carrying out of the
provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the
property with Assessment Roll Number 040-034 -127 Drummond Drive, Kitchener
(e)
To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(f)
To further amend By-law No. 88-171 being a by-law to designate private roadways as
fire routes and to prohibit parking thereon
(g)
To further 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
(h)
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
(i)
Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for
the City of Kitchener - Eastforest Trail - 99/13/E/CL
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7. (Cont'd)
(j)
Being a by-law to extend the time for conveyance of lands pursuant to By-law 97-105,
as amended, to close and sell part of the public highway known as Howe Drive in the
City of Kitchener
(k) To confirm all actions and proceedings of the Council
Being a by-law to exempt certain lots from Part Lot Control - Block 3, Registered Plan
58M-55 -Wake Robin Crescent
(m)
Being a by-law to adopt Amendment No.23 to the City of Kitchener Municipal Plan -
Central Frederick Land Use Review
(R)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Central Frederick Land Uses - No.97/24/F/JG
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
C. Zehr appointed Councillor John Smola as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor John Smola
Seconded by Councillor J. Haalboom
"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 J. Haalboom
Seconded by Councillor M. Yantzi
"That the by-laws listed on the agenda for third reading, namely:
(a)
Being a by-law to amend By-law 97-123 which exempts from Part Lot Control - Part
Blocks 1 to 8 inclusive, Plan 58M-16; Part Blocks 1, 6 and 7, Plan 58M-17; and Blocks
1 and 2 and Part Blocks 3 and 4, Plan 58M-19 - Mountain Mint Crescent, Pine Martin
Crescent and Hackberry Street
(By-law No. 99-121)
(b)
Being a by-law to exempt certain lots from Part Lot Control - Part Block 58, Plan 58M-90
- Candle Crescent
(By-law No. 99-122)
(C)
Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code with
respect to Signs
(By-law No. 99-123)
(d)
Being a by-law to amend By-law No.99-104 which authorizes the carrying out of the
provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the
property with Assessment Roll Number 040-034 -127 Drummond Drive, Kitchener
(By-law No. 99-124)
(e)
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. 99-125)
J U LY 5, 1999
9. (Cont'd)
(f)
(g)
(h)
(i)
(j)
(k)
(m)
(n)
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CITY OF KITCHENER
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. 99-126)
To further 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. 99-127)
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. 99-128)
Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for
the City of Kitchener - Eastforest Trail - 99/13/E/CL
(By-law No. 99-129)
Being a by-law to extend the time for conveyance of lands pursuant to By-law 97-105,
as amended, to close and sell part of the public highway known as Howe Drive in the
City of Kitchener
To confirm all actions and proceedings of the Council
(By-law No. 99-130)
(By-law No. 99-131 )
Being a by-law to exempt certain lots from Part Lot Control - Block 3, Registered Plan
58M-55 -Wake Robin Crescent
(By-law No. 99-132)
Being a by-law to adopt Amendment No.23 to the City of Kitchener Municipal Plan -
Central Frederick Land Use Review
(By-law No. 99-133)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Central Frederick Land Uses - No.97/24/F/JG
(By-law No. 99-134)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
On motion, the meeting adjourned.
Carried.
MAYOR CLERK
COUNCIL MINUTES
J U LY 5, 1999 - 309 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
That the City of Kitchener re-grade Site 139 in the Huron Business Park on Washburn Drive to a
1% developable slope and stockpile all fill on Site 140 to be dealt with through other means.
That consideration of Business and Planning Services staff report BPS 99/86 - Zone Change
Application ZC 99/7/C/FS (432 Charles Street East - Copps Builders Supply Company Limited)
requesting a change in zoning be deferred and referred to the August 16, 1999 Planning and
Economic Development Committee meeting.
That consideration of Business and Planning Services staff report BPS 99/104 - request for
direction on subdivisions in Grand River South be deferred and referred to the August 16, 1999
Planning and Economic Development Committee meeting.
That Council grant the request of Trinity Village Development, 2727 Kingsway Drive, for
exemption from the City's 'Storm Water Management Policy' so as not to require construction
of a storm water management basin on the above lands.
(Motion Lost)
That the recently approved Storm Water Management Policies adopted by Council include an
amendment that Section 41 Development Applications registered before May 29, 1999, not be
exempted from the Policies in effect up to that date.
6. A. That the Grand River South (Area 1 ) Community Plan be revised as follows:
i)
That Map No. 1, Plan Use Plan, be revised to designate the lands shown on the
attached map from "School" to "Large Lot Residential".
ii) That the following new Policy 3.3.9 be added:
"3.3.9 That notwithstanding Policy 3.3.8 above, within the lands described as Block 13,
Registered Plan 1608 and Block 79, Registered Plan 1607, a minimum lot area
of 560 square metres shall be permitted for lots which back onto the Idlewood
Creek Open Space System."
It is the opinion of this Committee that approval of this revision to the Community Plan is
proper planning for the City.
That the City of Kitchener pursuant to Section 51(31) of the Planning Act, R.S.O. 1990, c.P.
13, as amended, and Delegation B-law 97-061 of the Regional Municipality of Waterloo,
grant draft approval to Plan of Subdivision 30T-98207 (Edenbridge Drive) in the City of
Kitchener for Hallman Rosedale Limited, subject to the following conditions:
That this approval applies to Plan of Subdivision 30T-98207 for Hallman Rosedale
Limited as shown on the plan prepared by Wright-Dietrich Limited, dated 29 March 1999
and as shown on the attached Plan of Subdivision prepared by the City of Kitchener
dated May 26, 1999, as revised June 28, 1999, which shows the following:
Lots 1-51 -
Blocks 52, 53 -
Block 54 -
Block 55 -
Blocks 56, 57 -
Single Detached Residential (maximum 51 units)
walkway Blocks
Stormwater Management
Park
Lot Additions
2. CITY OF KITCHENER CONDITIONS:
That the Subdivider enter into a City Standard Form Residential Subdivision
Agreement as approved by City Council embracing those lands shown outlined in
the attached Plan of Subdivision and that the following special conditions be written
therein:
"The Subdivider covenants and agrees:
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JULY 5, 1999 - 310 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
51.
That the final plans for registration shall be prepared in accordance with the
attached Plan of Subdivision dated May 26, 1999, as revised June 28, 1999,
provided that minor amendments to said plan, acceptable to the General
Manager of Business and Planning Services, and not affecting the numbering of
any lots or blocks, may be permitted without amendment to this agreement. Any
changes affecting the numbering of the lots and blocks shall require an
amendment to this agreement to reflect such changes.
52.
To submit a Lot Grading and Drainage Control Plan for the approval of the City's
General Manager of Public Works, in consultation with the City's General
Manager of Parks and Recreation and the Grand River Conservation Authority,
prior to registration of the Subdivision Plan.
53.
To submit a detailed engineering design for storm water management in
accordance with the approved concept plan to be approved by the City's General
Manager of Public Works in consultation with the City's General Manager of
Parks and Recreation and the Grand River Conservation Authority, prior to any
grading or construction on site. Said engineering design shall include an erosion
and siltation control plan indicating the means whereby erosion will be minimized
and silt maintained on-site both during and after grading and construction stages.
The Subdivider further agrees to implement all required measures as outlined in
the approved final design.
54.
That landscape plans of the proposed storm water management facilitate shall
be approved by the General Manager of Parks and Recreation and the Grand
River Conservation Authority prior to the registration of the plan of subdivision.
All landscaping of areas above the 5 year storm level shall be installed at the
Subdivider's cost, in accordance with the approved plan, during the first planting
season after occupancy of the first unit. The remainder of the planting shall
commence at such time as required by the General Manager of Parks and
Recreation. The Subdivider shall maintain the planting for a period of one year
from the completion of final planting. Landscape plans are to be prepared by an
Environmental Professional acceptable to the City.
55.
That prior to the Department of Public Works accepting storm water management
ponds as shown on the approved landscape plan, the Subdivider agrees to erect
one or more information signs at a public access(s) detailing the purpose of the
pond, telephone number for further information and any other relevant
information, to be approved by the General Manager of Parks and Recreation.
56.
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.
57.
That the names of the streets within the Plan shall be those shown on the Plan of
Subdivision.
58.
That construction traffic to and from the proposed subdivision shall be restricted
to using Oldfield Drive to Lackner Boulevard. 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 Transportation.
59.
To construct 1.5 metre wide concrete sidewalks along both sides of all streets
within the Plan of Subdivision, to the satisfaction of the General Manager of
Public Works.
COUNCIL MINUTES
JULY 5, 1999 - 311 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
60.
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, 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 the subdivision plan for registration, the
Subdivider shall submit the Detailed Vegetation Plan, for the approval of
the City's Director of Planning;
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 timing, 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 major irreparable tree damage
is done, liability is questionable, or the tree is judged to be unsafe in the
opinion of the Subdivider's Environmental Consultant and/or the City, each
such tree shall be removed and replaced with at least one tree of equal
value based on the tree value formula as set out in 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 Business and
Planning Services and shall be satisfactorily implemented prior to
occupancy of the unit or due to weather conditions, by the next planting
season.
61.
To convey to the City of Kitchener, at no cost and free of encumbrance,
concurrent with the registration of the Plan of Subdivision:
a)
b)
Block 54 for storm water management purposes; and
Block 55 for Park purposes.
62.
To dedicate to the City of Kitchener free of encumbrance, through plan
registration, the following lands for the purposes stated therein:
a)
b)
Block 52 for public walkway purposes; and
Block 53 for public walkway purposes.
COUNCIL MINUTES
JULY 5, 1999 - 312 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
63.
To convey Block 56 to the owner of the abutting lands to the west, identified as
Lot 93, Registered Plan 1608, at fair market value for lot addition purposes,
within 1 year of the registration of the Plan of Subdivision. Further, that Block 56
be added to the abutting lands and title be taken in identical ownership as the
abutting lands.
64.
To convey Block 57 to the owner of the abutting lands to the west, identified as
Lot 94, Registered Plan 1608, at fair market value for lot addition purposes,
within 1 year of the registration of the Plan of Subdivision. Further, that Block 57
be added to the abutting lands and title be taken in identical ownership as the
abutting lands.
65.
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 rear of Lots 14, 15, 16, 19, 20 and 21, where such lots abut Block 55;
and along the rear of Lots 7 through 13 inclusive, 21 and 22, where such lots
abut Block 77, Registered Plan 1576.
66.
That a plan showing driveway locations for all lots shall be approved by the City's
Director of Planning in consultation with the City's General Manager of Public
Works, prior to the installation of services within the Plan of Subdivision.
67.
That no sewer and water service be installed within 1.5 metres of the centre of a
proposed submersible transformer vault or within 0.9 metres of a proposed
electrical service stub and that no fire hydrant be installed within 3.0 metres of a
proposed street light pole or hydro pole. The Subdivider shall review the
Commission's engineering drawings and shall be responsible for ensuring that
these separations are maintained.
68.
That access to Lot 32 shall be permitted only from Charleston Place and that no
access shall be permitted from Edenbridge Drive.
69.
To undertake any measure required to ensure proper water pressure to the
proposed development, to the satisfaction of the City's Chief Building Official or
the City's General Manager of Public Works."
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS:
1. a)
That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Engineering shall advise prior to an Agreement for
Servicing that sufficient water supplies and wastewater treatment capacity
is available for this plan, or the portion of the plan to be registered.
b)
That the owner include the following statement in all agreements of lease
or purchase and sale that may be entered into pursuant to Section 52 of
the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of
lease or purchase and sale are not yet registered as a plan of subdivision.
The fulfilment of all conditions of draft approval, including the commitment
of water supply and sewage treatment services thereto by the Region and
other authorities, has not yet been completed to permit registration of the
COUNCIL MINUTES
JULY 5, 1999 - 313 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
plan· Accordingly, the purchaser should be aware that the vendor is
making no representation or warranty that the lot, lots, block or blocks
which are the subject of this agreement of lease or purchase and sale will
have all conditions of draft approval satisfied, including the availability of
servicing, until the plan is registered."
4. OTHER AGENCY CONDITIONS:
That prior to any grading or construction on the site and prior to
registration of the plan, the owners or their agents submit the following
plans and reports to the satisfaction of the Grand River Conservation
Authority:
a)
A final Stormwater Management Report in accordance with the
approved Stormwater Management Report prepared by Cumming
Cockburn Limited (dated April 16, 1999), 1994 Ministry of
Environment and Energy Report entitled "Stormwater Management
Practices Planning and Design Manual", and the Idlewood Creek
Master Drainage Plan.
b)
A Final Grading Plan and an Erosion and Siltation Control Plan in
accordance with the Grand River Conservation Authority's
Guidelines for sediment and erosion control, indicating the means
whereby erosion will be minimized and silt maintained on-site
throughout all phases of grading and construction.
c)
A Landscape Plan indicating a pond planting strategy and the
enhancement of the creek buffer where the development is within
30 metres of the Idlewood Creek bank. The plan should also
incorporate the impacts of the existing trail within this buffer.
d)
An application for Fill, Construction and Alteration to Waterways
Regulation Permit pursuant to Ontario Regulation 149 as amended
by 69/93 and 669/94 for any storm sewer outfalls or other
alterations within the floodplain of Idlewood Creek.
5. CLEARANCE CONDITIONS:
That prior to the signing of the final plan by the City's General Manager of
Business and Planning Services, the City of Kitchener is to be advised by
the Regional Commissioner of Planning and Culture that condition 3.1 has
been carried out to the satisfaction of the Regional Municipality of
Waterloo. The clearance letter from the Region shall include a brief
statement detailing how such condition has been satisfied.
That prior to the signing of the final plan by the City's General Manager of
Business and Planning Services, the City of Kitchener is to be advised by
the Grand River Conservation Authority that condition 4.1 has been
carried out to the satisfaction of the Grand River Conservation Authority.
The clearance letter from the Authority shall include a brief statement
detailing how the condition has been satisfied.
6. NOTES:
The owneddeveloper is advised that the provisions of the Development
Charge By-laws of the City of Kitchener and the Regional Municipality
adopted in accordance with the Development Charges Act, S.O. 1989
apply to this draft approval and are to be satisfied as follows:
COUNCIL MINUTES
JULY 5, 1999 - 314 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
a)
Inquiries regarding the application of the Area Municipal
Development Charge By-law should be directed to the City of
Kitchener.
b)
In accordance with subsection 5(2) of Regional Development
Charge By-law 91-91, as amended, ONE OF THE FOLLOWING
OPTIONS CAN BE UTILIZED:
i)
at the time of entering into a subdivision agreement with the
City of Kitchener, the owneddeveloper may pay 100% of the
"Hard Service" development charge component as
calculated in accordance with section 1 of Schedule "C' of
By-law 91-91, directly to the Regional Municipality of
Waterloo; or
ii)
prior to entering into a subdivision agreement with the City of
Kitchener, the owneddeveloper may enter into an agreement
with the Regional Municipality of Waterloo to defer payment
of the "Hard Service" development charge component in
accordance with section 2 of Schedule "C' of By-law 91-91.
c)
The owneddeveloper is to provide the Regional Municipality of
Waterloo with two print copies of the proposed plan to be registered
in conjunction with a written payment calculation request made
under b) above. In addition to the normal registered requirements,
this plan must either include or be accompanied by a listing that
includes metric area calculations certified by an Ontario Land
Surveyor for every lot and block on the plan.
The final plans for Registration must be in conformity with Ontario
Regulation 43/96, as amended, under the Registry Act.
It is the responsibility of the owner of this draft plan to advise the Regional
Municipality of Waterloo and the City of Kitchener Department of Business
and Planning Services of any changes in ownership, agent and phone
number.
Most of the Regional Municipality of Waterloo conditions can be satisfied
through an agreement. The onus is on the owner to contact Regional staff
in writing to request the preparation of such an agreement. A copy of a
reference plan showing the lands to be registered that are affected by the
agreement and the conditions to be covered by the agreement should be
provided the fees for the preparation and registration of this agreement,
payable to the Regional Municipality of Waterloo, are currently $375.00
and $50.00 respectively.
The owneddeveloper is advised that the Regional Municipality of
Waterloo has adopted By-law 96-025, pursuant to Section 69 of the
Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for
application, recirculation, draft approval, modification to draft approval and
registration release of plans of subdivision.
The proposed water distribution system meets the definition of a "water
works" as defined in the Ontario Water Resources Act. Prior to the
construction of the proposed water supply system. Therefore, approval of
the Director must be obtained under Section 52 of the Ontario Water
Resources Act prior to the construction of the proposed water supply
system. The proponent must ensure that the application for approval of
water works, and appropriate supporting information, are submitted to the
Ministry of Environment and Energy for approval.
J U LY 5, 1999
PLANNING & ECONOMIC
COUNCIL MINUTES
- 315 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT COMMITTEE - (CONT'D)
The proposed storm water management system meets the definition of a
"sewage works" as defined in the Ontario Water Resources Act. Prior to
the construction of the proposed water supply system. Therefore,
approval of the Director must be obtained under Section 53 of the Ontario
Water Resources Act prior to the construction of the proposed storm water
management system. The proponent must ensure that the application for
approval of sewage works, and appropriate supporting information, are
submitted to the Ministry of Environment and Energy for approval.
The proposed sanitary sewage collection system meets the definition of a
"sewage works" as defined in the Ontario Water Resources Act. Prior to
the construction of the proposed water supply system. Therefore,
approval of the Director must be obtained under Section 53 of the Ontario
Water Resources Act prior to the construction of the proposed sanitary
sewage collection system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting
information, are submitted to the Ministry of Environment and Energy for
approval.
This draft plan was received on or after May 22, 1996 and shall be
processed and finally disposed of under the Planning Act, R.S.O. 1990,
c.P. 13, as amended by S.O. 1996, c.4 (Bill 20).
10.
The owneddeveloper is advised that draft approval is not a commitment
by the Regional Municipality of Waterloo to water and wastewater
servicing capacity. To secure this commitment the owneddeveloper must
enter into an "Agreement for Servicing" with The Regional Municipality of
Waterloo by requesting that the Region's Planning and Culture
Department initiate preparation of the agreement. When sufficient
capacity is confirmed by the Region's Commissioner of Engineering to
service the density defined by the plan to be registered, the
owneddeveloper will be offered an "Agreement for Servicing". This
agreement will be time limited, define the servicing commitment by
density, use and stipulate that should the "Agreement for Servicing" expire
prior to plan registration, a new agreement will be required.
The owneddeveloper is to provide the Regional Municipality of Waterloo
with two print copies of the proposed plan to be registered along with the
written request for a servicing agreement.
11.
To ensure final approval prior to year end, it is the responsibility of the
owner to ensure that all conditions have been satisfied and the required
clearance letter, agreements, mylars, fees and any other required
information or approvals have been deposited with the City Planner
responsible for the file, no later than December 15th. City staff can not
ensure that a plan will be given final approval prior to year end where the
owner has failed to submit the appropriate documentation by this date.
12.
When the survey has been completed and the final plan prepared, to
satisfy the requirements of the Registry Act, they should be forwarded to
the City. If the plans comply with the terms of approval, and we have
received an assurance from the Region that the necessary arrangements
have been made, the General Manager's signature will be endorsed on
the plan and it will be forwarded to the Registry Office for registration.
The following is required for registration under the Registry Act and for our
use:
One (1)
Four (4)
Four (4)
original mylar
mylar copies
white paper prints
COUNCIL MINUTES
JULY 5, 1999 - 316 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
It is the opinion of this Committee that approval of this subdivision application is proper
planning for the City.
(Dealt with under Delegations and Carried, as amended)
That City of Kitchener Economic Development Division staff be directed to follow up Mr. Robert
Lee's April 19-21, 1999 visit by continuing to discuss business opportunities in Cebu,
Philippines with companies located in Canada's Technology Triangle (CTT), and further,
That the City of Kitchener encourage its other municipal partners in CTT to similarly pursue
companies in their communities that might prosper from the relationship being built with Cebu.
That the City rescind its acceptance and repeal the second part only of Clause #1 of the Planning
and Economic Development Committee report approved by City Council on May 3, 1999, which
reads as follows:
'That the City accept the Option of Purchase from Drago Stiplosek with respect to lands
composing Part 3 on Reference Plan 58R-9683 (Site 151 ). The subject lands have an area of
about 1.23 acres on Washburn Drive and the purchase price is calculated at $75,000 per
acre'.
That Zone Change Application ZC 98/10/D/PB (868 Doon Village Road - J. Patrick Reslein)
requesting a change in zoning to add special use provision 262U to the existing Residential Six
Zone (R-6) with special regulation provision 218R according to By-law 85-1, on lands legally
described as Block 1, Registered Plan 1367, be approved, in the form shown in the "Proposed
By-law" attached, dated May 27, 1999 subject to the following conditions being satisfied prior
to any readings of the By-law by Council:
1)
To arrange for notification by letter from the Regional Municipality of Waterloo to the
City's Department of Business and Planning Services, that all Regional requirements
have been satisfied with respect to the proposed zone change.
2)
The owner acknowledges that Condition 1 is required to be satisfied no later than seven
months after Council having approved by resolution Zone Change Application ZC 98/10/D/PB.
In the event this resolution is not fulfilled within the seven month period, Council shall consider
rescinding the 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 City Council grant an extension to the deadline for fulfilling the conditions of approval for
Zone Change Application 96134NIPB (15 Vicmount Drive 257913 Holdings Ltd.) to
November 23, 1999.
11.
A. That City Council approve the attached Municipal Plan Application MP 97/10/F/JG (Central
Frederick Land Use Review), exclusive of the proposed funeral home use, being an
amendment to the Central Frederick Neighbourhood Secondary Plan to:
a)
amend Map 20, Plan for Land Use, to change the designation of lands located on
Lancaster Street from Low Density Multiple Residential and Low Density Commercial
Residential with special policy 8 to Low Density Commercial Residential with a new
special policy 10;
b) amend Map 20, Plan for Land Use, to change the designation of lands located on
Bingeman Street from Low Density Multiple Residential to Low Rise Conservation "A" ;
c) amend Map 20, Plan for Land Use, to delete Special Policy Area 8;
COUNCIL MINUTES
JULY 5, 1999 - 317 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
d) delete clause 8 from Section 13.9.4 of the Municipal Plan;
e) add clause 10 to Section 13.9.4 of the Municipal Plan to allow free-standing personal
services within existing buildings.
That Zone Change Application ZC 97/24/F/JG (City-Initiated) exclusive of the proposed
funeral home use, to change the zoning on certain lands on Bingeman Street, Lancaster
Street and Frederick Street, from Residential Seven Zone (R-7) and Residential Seven Zone
(R-7) with special regulation provision 159 to Residential Five Zone (R-5) with special use
provision 129; and from Residential Seven Zone (R-7) and Commercial-Residential One Zone
(CR-1) with special use provision 128 and special regulation provision 160 to Commercial
Residential One Zone (CR-1) with special use provision 269 and special regulation provision
308; and from Commercial-Residential One Zone (CR-1) with special use provision 128 and
special regulation provision 160 to Commercial Residential One Zone (CR-1) with special use
provision 128 and revised special regulation provision 160 on those lands shown as affected
on Map No. 1, be approved, in the form shown in the revised "Proposed By-law" dated July
5, 1999.
(Dealt with under Delegations and Carried)
12.
That staff report BPS 99/98 (Region of Waterloo's Revised Noise Implementation Guideline)
be received for the Committee's information, and that Members be advised that this Guideline
will be considered by:
Regional Planning & Culture Committee on Tuesday, July 6, 1999; and Regional Engineering
Committee on Wednesday, July 7, 1999.
COMMUNITY SERVICES COMMITTEE -
That Council approve in principle the use of the Registry Building, 122 Frederick Street, for
community arts purposes; and,
That J. M. Drama pay for and retain an architecture and engineering firm to design and estimate
capital costs for the conversion of the Registry Building to a community arts centre; and,
That staff work with J. M. Drama and others to develop an appropriate governance model, capital
and operating budgets, criteria for lease (including recognition of "community facility" and capital
investments) and facility use guidelines for use of the Registry Building as a community arts
centre; and further,
That the architect use best efforts to maintain the integrity of the Registry Building including the
two pillars.
(Dealt with under Delegations and Carried)
That we approve the request of Anselma House for an in-kind grant of 10 books of children's
swim passes and 5 books of adult swim passes.
That no action be taken on the request of I Have a Dream for an in-kind grant in the amount of
$663.92 for City Hall rental and road closure on August 28, 1999.
That we approve an in-kind grant for the December 6th Coalition in the amount of $300.00 to
assist with their cost in renting the City Hall Rotunda on December 6, 1999, and further
That the December 6th Coalition be added to the list of organizations notified of the annual grant
process.
That we approve an in-kind grant for Take Back The Night, in the amount of $300.00 to assist
with their cost in renting the City Hall Rotunda on September 23, 1999; and further
That Take Back The Night be added to the list of organizations notified of the annual grant
process.
COUNCIL MINUTES
JULY 5, 1999 - 318 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE - (CONT'D)
That no action be taken on the request of the Filipino Canadian Association of K-W for a
combination cash and in-kind grant totaling $32,540.00 for the purpose of teaching the Filipino
language, arts, music and dance to the children of the Filipino Community.
That Council endorse the civic float design as submitted by the company Vision and Design as
attached to the report of Mr. Price, Manager, Arts, Culture and Events, dated June 1999.
That Council delegate to the Supervisor of Arts/Special Events, Arts, Culture and Events Division
and in his/her absence, the Special Events Assistant, the authority to sign the annual Recording
Industries Music Performance Trust Funds Agreement.
That the Millennium Festival of the Night celebrations be held at both City Hall and Victoria Park
with an estimated budget, net of revenue, of approximately $145,000 as outlined in the report of
M. Price dated June, 1999.
10.
That the Parks and Recreation Department continue the long standing partnership with Kitchener
Seniors Volunteer Services Inc. in the provision of assisted and affordable transportation for frail
seniors; and further,
That the City provide Kitchener Seniors Volunteer Services an annual grant of $7500.00 to off set
the estimated costs of independent vehicles insurance ($2500) and on going maintenance/fuel
costs ($5000) to be provided through our Fleet Maintenance department.
11.
That consideration of declaring surplus a narrow strip of City owned land, between 57 and 61
Stanmore Avenue to be deferred in order to allow the Ward Councilor the opportunity to discuss
the matter with staff.
12.
That Council approve a grant for the Rockway Public School Council, in the amount of $750.00,
in 1999, toward construction of a new creative playground facility for the school, in accordance
with the City's policy governing playground equipment grants for school and community groups.
13.
That Council approve a grant for the St. Aloysius School Council in the amount of $750.00, in
1999, toward construction of a new creative playground facility for the school, in accordance with
the City's policy governing playground equipment grants for school and community groups.
14.
That no action be taken on the request of Tim Horton's Family Bicycle Ride for Charity for an in-
kind grant in the amount of $1,000.00.
15.
That Council give permission to Sundance Balloons to launch a hot air balloon out of Centennial
Stadium during the Opening Ceremonies for the 1999 Games for the Physical Disabled on July
16, 1999, provided that the required documentation for liability insurance, balloon registration and
pilot licences is provided.
FINANCE AND ADMINISTRATION COMMITTEE (JUNE 21, 1999) -
That the recommended staffing levels in the 1995 Fire Station Location Study be revisited and
reported on; and,
That a review and update be undertaken for the Fire Department Establishing and Regulating By-
law; and,
That the Fire Department continue to explore opportunities to enhance the effectiveness and
efficiency of Fire Prevention and Public Fire Safety Education Programs; and,
That the Master Training Plan be adopted to provide the guidance and resources for effective and
efficient training within the Fire Department; and further,
That the Fire Department along with the Risk Manager conduct a Risk Assessment Audit utilizing
the Comprehensive Fire Service Effectiveness Model.
COUNCIL MINUTES
JULY 5, 1999 - 319 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE (JUNE 28, 1999) -
That commencing July 5, 1999, free food distribution by any individual or group at the City Hall
and all premises listed in Schedule "B" of Policy 1-314, shall be permitted as long as such
distribution does not interfere with other individuals and businesses by means of harassment,
verbal abuse, obstruction or otherwise who are using such premises for their enjoyment or
business; and,
That in the event of a complaint by an individual or business of activity that is or has interfered
with their lawful enjoyment, then such free food distribution at that particular location shall
cease and desist subject to an appeal to Council and cannot resume without subsequent
permission from Council; and further,
That notwithstanding this policy, the normal approvals for any other applicable by-laws or
health regulations will apply.
(Dealt with under Delegations and Carried).
That consideration of the request of Globe Studios for $25,000.00 grant to assist them with
their purchase of the Bonnie Stuart building at 141 Whitney Place, in conjunction with John
MacDonald, Architect and Charles Brohman of Storeworks, be deferred and referred to the
August 16, 1999 Finance and Administration Committee meeting and then to the Special
Council meeting that date; and further,
That, for the August 16, 1999 Finance and Administration Committee meeting, staff report on
Globe Studios' business plan, review the condition of the building and other grant programs
available to Globe Studios from senior levels of government.
(As Amended)
That no action be taken on the request of Mr. D. Moore, General Manager of the Lyric, to
waive the administration fees charged for poster removal for the Lyric and Metropolis.
That staff and the unions investigate the feasibility of an early retirement incentive plan for the
future.
(Action deferred and referred to the October 25, 1999 Finance and
Administration Committee meeting pending a report from J. Gazzola
on the need at that time for an early retirement incentive program)
That no action be taken to oppose the application for a liquor licence by b.o.b.'s, 3 Moyer
Place.
6. That Councillor B. Vrbanovic be appointed to the City Logo Selection Committee.
7. That MacCrimmon & Associates be engaged at a cost $10,800.00 to complete Action
Objective 1.6 of the Stress Survey - Action Plan approved by City Council on April 19, 1999.
That Kitchener Fastball Promotions be granted permission to locate a Refreshment Vehicle at
Blockline Park during the 1999 Midget Boys Canadian Fast Pitch Championship, August 8 -
15, 1999, provided the necessary licence, including Health and Fire approvals, are obtained.
That, with respect to the upcoming vacancy on the Master Electrician Examining Board, we
appoint Mr. Gaessler, until such time as he no longer wishes to serve on the Board or leaves
the electrical trade.
10.
That Council endorse the Work Plan and Reporting and Communication Structure Plan as
outlined in Business and Planning Services Staff Report BPS 99/101 as the process that will
be used to develop a Vision for the City of Kitchener and a Community Development Plan;
and,
That Council agree that all work related to the Visioning process and Community Development
Plan be conducted within the parametres of the process outlined in Business and Planning
Services Staff Report BPS 99/101; and,
COUNCIL MINUTES
J U LY 5, 1999 - 320 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE (JUNE 28, 1999) - (CONT'D)
That the Mayor and Councillors B. Vrbanovic and K. Taylor-Harrison be appointed to the
Project Steering Committee, and,
That a total funding of $30,000.00 be made available to cover administrative cost; and further,
That a total funding of $16, 547.00 be made available to cover printing and distribution cost.
11.
That University of Waterloo be permitted to use a portion of the Goudies building on July 17,
999, provided it complies with Fire Code, Building Code, Ontario Hydro requirements and
obtains a Public Hall Licence; and,
That the Mayor and City Clerk be authorized to sign an agreement with the University of
Waterloo for the use of the Goudies building during the Festival; and further,
That the said agreement be prepared by and be satisfactory to the City Solicitor.
12.
That the Funding Policy for the Sick Leave Reserve Fund be amended to maintain the Sick
Leave Reserve Fund at a level equivalent to 25% of the liability for accumulated unused sick
leave days.
HERITAGE KITCHENER (L.A.C.A.C.) -
That, pursuant to Section 33 of the Ontario Heritage Act, we approve the request of the owner to
alter the designated property municipally known as 171 Frederick Street (Suddaby School) by
replacing all the basement windows on the Frederick Street elevation; and,
That the replacement of the basement windows on the Frederick Street elevation shall be done in
accordance with Alternative #2 as outlined in the report prepared by Historic Window Works,
considered by Heritage Kitchener on June 29, 1999, with a final solution on the balances to be
negotiated between Heritage Kitchener and the Waterloo Region District School Board; and
further,
That aluminium reproductions of the historic windows be permitted on the ground floor level of
the side and rear elevations.
(As Amended)
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That Council adopt the Authorization Notice, dated June 23, 1999, for issuance as a standard
form representing agreement between the City of Kitchener and it's customers to facilitate the
customer's management of their natural gas requirements; and,
That Council adopt the Authorization Notice, dated June 23, 1999, for issuance as a standard
form representing agreement between the City of Kitchener and Union Gas Limited to allow the
City to manage its gas management requirements with Union Gas Limited; and further,
That the authority to execute Authorization Notices on behalf of the City of Kitchener be
delegated to the Chief Administrative Officer or the Director of Utilities, and in his/her absence,
the Manager of Business Development, Utilities Division, and in his/her absence, the General
Manager of Public Works.
That the standard form Demand Natural Gas Delivery Service Contract between the City and its
customers, dated July 5, 1999, be adopted for use effective July 6, 1999; and,
That the standard form Interruptible Natural Gas Delivery Service Contract between the City and
its customers or their agents, dated July 5, 1999, be adopted effective July 6, 1999; and further,
COUNCIL MINUTES
JULY 5, 1999 - 321 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
2. (Cont'd)
That the authority to execute each of the standard Demand Natural Gas Delivery Service
Contract and the Interruptible Natural Gas Service Contract on behalf of the City of Kitchener be
delegated to the Manager of Business Development, Utilities Division, and in his/her absence due
to vacation, illness, or attendance at educational seminars or conferences, the Director of Utilities
and in his/her absence due to vacation, illness, or attendance at educational seminars or
conferences, the General Manager of Public Works.
That the proposal outlined in the report dated June 23, 1999, prepared by Mr. E. Kovacs,
relative to the provision of free Transit service in 1999 as part of the City of Kitchener Clean Air
Plan, be referred to the Environmental Study Group to further develop a comprehensive
educational/promotional plan encompassing all objectives of the Clean Air Plan, and to include
development of partnerships with the private sector and other agencies (ie. Regional Health
Unit), for presentation to the Environmental Committee and Council in March, 2000.
That the Consultant Selection Process be waived and the firm of Proctor & Redfern Limited,
Consulting Engineers, be retained by the City to conduct a study of sewer capacity in the
Ottawa Street North Trunk Sanitary Sewer system; and further,
That funding, not exceeding $10,000.00, be allocated from the Sewer Surcharge Fund.
That the Council of the Corporation of the City of Kitchener requests the Province of Ontario to
move toward phase-out of coal-fired electricity generation by establishing strict emission caps
which include total domestic and imported electricity-related emissions; and further,
That this resolution be forwarded to the Minister of Environment & Energy, the Ontario Energy
Board, the Ontario Clean Air Alliance, local M.P.P.'s, and the Association of Municipalities of
Ontario.
COUNCIL MINUTES
J U LY 5, 1999 - 322 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER -
1. Offer to Lease - GRAND RIVER WARD
It was resolved:
"That the City accepts an offer from Victoria Star Motors Inc. to lease the
westerly 1/2 of 1464 Victoria Street North, Kitchener, comprising approximately
30,000 square feet at a rent of $1,200.00 per month plus utilities. The lease is
for a 23 month duration from May 1, 1999 until March 31, 2001. The proposed
use is automotive repair and sales."
2. Employment Contract - Cook, City Hall Cafeteria
It was resolved:
"That the Mayor and Clerk be authorized to sign an employment contract with Elli
Koster for the provision of cafeteria services at the City Hall cafeteria."
3. Election of Re.qional Councillors
A discussion took place as to the method of electing Kitchener representatives to Regional
Council given the recent decision to separate Regional and Municipal Councils. Mr. R.W.
Pritchard, General Manager of Corporate Services & City Clerk, indicated that the options
before Council would be to elect the Regional Council members either at-large or via a
revised ward system. Election by ward could involve six wards and a thirteen member
Council, each ward electing two representatives on the Municipal Council and one on the
Regional Council; or, a six ward, seven member Council with one representative from
each ward on the Municipal Council and one on Regional Council. Mr. Pritchard pointed
out that timing is also a critical issue, noting that the last ward boundary revision took
several months to complete and Council was criticised for not allowing enough time for
public comment. He pointed out that if the last day for an appeal of Council's decision is in
mid-October, this would only leave the Ontario Municipal Board eight weeks to consider
the City's submission, a scenario which the Legal Department has indicated may be
unworkable. Nominations for Council are to be open beginning January 1, 2000 and
legislation would then be required to delay the opening.
Moved by Councillor Jake Smola:
"That Kitchener representatives to Regional Council be elected at-large."
Moved by Councillor G. Lorentz:
"That consideration of the method of electing Kitchener representatives to Regional
Council be deferred pending Provincial approval of separately elected Local and
Regional Councils."
Councillor G. Lorentz reminded Council that there has been a challenge of the decision to
separately elect Regional and Municipal Councils on the basis that the required triple
majority was not obtained.
The motion by Councillor G. Lorentz to defer consideration pending Provincial approval of
separately elected Councils was voted on and Lost.
COUNCIL MINUTES
J U LY 5, 1999 - 323 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Election of Re.qional Councillors (Cont'd)
Councillor G. Lorentz argued that Kitchener adopted the ward system to correct inequities
and ensure equal and fair representation throughout the City. He stressed the need to
elect representatives by ward and suggested that it would be a mistake to elect these
individuals at-large. He suggested a Regional ward system for the election of Regional
Councillors, as in his opinion there is insufficient accountability in the at-large system.
Mayor C. Zehr acknowledged that the ward system is a good one; however, he noted that
Regional Council will be dealing with larger more over-arching issues.
The main motion by Councillor Jake Smola to elect Regional Councillors at-large was then
voted and Carried on a recorded vote.
In Fayour: Mayor C. Zehr, Councillors M.
Yantzi, Jake Smola, B. Vrbanovic, J. Haalboom
and T. Galloway.
Contra: Councillors K. Taylor-Harrison, G.
Lorentz, C. Weylie, and John Smola.
Councillor J. Ziegler was absent during the
vote.
4. Provincial Lottery Licence
It was resolved:
"That the City of Kitchener has no objection to a Provincial Lottery Licence being
issued to The Rotary Club of Kitchener-Westmount, 500 Hallmark Dr., Waterloo,
Ontario, N2K 3P5, to conduct a "Sports Fantasy Lottery" during September 1999
and January 2000."
5. Offer to Purchase - WEST WARD
It was resolved:
"That the City accepts an offer dated June 29, 1999 from Adams Lane Inc. to
purchase a 262 square metre parcel of land designated as Part 4, Plan 58R-
7814 adjacent to its property for $310.00 plus applicable GST; and
Further, that the Mayor and Clerk be authorized to execute all documentation
required by the City Solicitor to complete this transaction."
6. Tenders
Dealt with under Delegations.
7. Sale of Tickets - Spruce Hill Lod.qe
Council was in receipt this date of correspondence from J. Koppeser, Manager of
Licensing, dated July 5, 1999 advising of a request from the Spruce Hill Lodge for
permission to sell tickets for a lottery with the proceeds to assist in funding the operation
and maintenance of the Lodge in South Porcupine Ontario. The report notes that this
organization has no local affiliation.
J U LY 5, 1999
COUNCIL MINUTES
- 324 -
COMMITTEE OF THE WHOLE
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
7. Sale of Tickets - Spruce Hill Lodge (Cont'd)
CITY OF KITCHENER
It was resolved:
"That no action be taken on the request of Spruce Hill Lodge for permission to
sell lottery tickets in the City of Kitchener for a January 1,2000 draw in support of
the Lodge's Independent Living Centre in South Porcupine, Ontario."