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HomeMy WebLinkAboutCouncil - 2005-05-09 COUNCIL MINUTES MAY 9,2005 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Mayor C. Zehr. This meeting was Chaired by Acting Mayor C. Weylie. The meeting began with the singing of "0 Canada" by Michelle Duschesne, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held April 25, 2005 and special meetings held April 25 & May 2, 2005, as mailed to the Mayor and Councillors, were accepted. Councillor G. Lorentz advised that although he was not present for a particular discussion at the in- camera meeting of City Council held earlier this date, in accordance with the Conflict of Interest Act he is disclosing a pecuniary interest in regard to one of the matters subject to solicitor-client privilege. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T05-011, Desktop Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $122,360., plus optional upgrades of $24,700., PST. & G.ST; and further, That Council authorize as a contingency, the purchase of up to thirty-five additional computers and options at current fair market price during the term of the contract." - and - "That Tender T05-021, Microsoft Select Agreement, be awarded to Nexlnnovations Inc., Toronto, Ontario at their tendered price of $138,001.69, plus P.ST & G.ST" - and - "That Tender T05-009, Iron Horse Trail Sanitary Sewer, be awarded to Network Site Services Ltd, Cambridge at their tendered price of $967,319.47, including provisional and contingency items of $120,018. and G.ST, on the condition that Network Site Services Ltd. defends the City on an outstanding litigation matter; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor," Carried. Messrs. Peter and Gus Bardouniotis, Dandy's Restaurant, attended in opposition to Clause 10 of the Finance and Corporate Services Committee report of this date which recommends refusal of their application for an encroachment agreement to operate a sidewalk patio. Mr. P. Bardouniotis advised that he was prepared to undertake a number of improvements and adhere to any rules the City and / or the Kitchener Downtown Business Association (KDBA) wish to impose in order to allow operation of the sidewalk patio. The list of improvements suggested by Mr. Bardouniotis included: supervision of the patio at all times; installation of flower boxes; installation of new umbrellas that will not include beer advertisements; painting of fiberglass tables; use of smaller garbage containers to discourage their use as a table; zero tolerance toward 'cat' calling and profanity; strict enforcement of a dress code; posting of a large sign to warn of no loitering beyond 20 minutes and prohibiting bicycles and / or animals from being tied to the patio fencing. Mr. P. Bardouniotis advised that he had discussed his proposal for improvements with Mr. Marty Schreiter of the KDBA, who had indicated a willingness to review his proposal with the KDBA Board at its next meeting. Councillor J. Gazzola questioned if the patio operation could be approved on a month-to-month basis and authority given to staff to close down the patio if it is not operating as agreed upon. Ms. L. COUNCIL MINUTES MAY 9,2005 - 120 - CITY OF KITCHENER MacDonald, City Solicitor, advised that differing timelines could be imposed; however, regard should be given to Council's summer schedule. She added that authority could be delegated to a staff member, such as the Manager of Licensing, to close down the patio until such time as the matter could be brought to Council for further review. Mr. Marty Schreiter advised that the KDBA Board would not meet again until May 17, 2005, at which time Mr. Bardouniotis' new proposal could be reviewed. Councillor B. Vrbanovic suggested that the matter be deferred until after the meeting of the KDBA Board and come back to Council on May 30, 2005. He asked that in the event the KDBA and the owner of Dandy's Restaurant reach a favourable understanding, City staff provide wording for a recommendation that would include delegation of authority to staff to deal with the patio operation during the summer months. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 10 of the Finance and Corporate Services Committee report of this date, recommending refusal of an application by Dandy's Restaurant for an encroachment agreement to allow operation of a sidewalk patio, be deferred and referred to the Mav 30 2005 Council meetina, to allow the Board of the Kitchener Downtown Business Association an opportunity to review the restaurant owner's new proposal for improvements." Carried. Mr. Ron Dupuis, Physical Resources, Wilfrid Laurier University (WLU), attended in regard to Clause 2 of the Heritage Kitchener report of this date which recommends that the cross on top of the building at 120 Duke Street West (St. Jerome's High School/College) be re-Iocated to another site on the grounds or within the building as an historical display. He asked that the recommendation of Heritage Kitchener not be approved and in its place, Council approve removal of the cross from the site and its donation to the Fathers of the Resurrection Congregation, where it would be properly catalogued for storage in the Congregation's archives. He stated that the University is a multicultural, non- denominational institution and as the cross is symbolic of the Catholic Church, it would not be appropriate on the site as it may cause offence to other cultural/religious groups. Mr. Dupuis advised that Father Hayes of the Fathers of the Resurrection Congregation, had expressed concerns at the Heritage Kitchener meeting that the religious symbol could inappropriately misrepresent the building as having connection to the Catholic Church and had supported removal of the cross to the Congregation's archives. Mr. Dupuis added that it had always been the University's position to remove the cross and had never included it in any of the schematic drawings submitted to the City. It was also his opinion that the cross is not part of the designated heritage features of the building as no mention is made of it in the designating by-law (2004-81). Councillor M. Galloway commented that the roofline encompassing the location of the cross is included in the designating by-law and accordingly, was of the opinion the cross was part of the designated features. He added that he was of the understanding that while Father Hayes had expressed concerns with the cross remaining on the outside of the building, it was the Congregation's preference that it remain on the site as a historical display; failing which, the Congregation would be prepared to take ownership of it. Mr. R. Dupuis stated that this was not his understanding of the Congregation's position. Councillor B. Vrbanovic suggested that this matter be deferred and referred to the May 16, 2005 special Council meeting and Father Hayes be invited to attend to clarify the Congregation's position with respect to the cross. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Clause 2 of the Heritage Kitchener report of this date, recommending that the cross on top of the building at 120 Duke Street West (St. Jerome's High School/College) be relocated to another site on the grounds or within the building on the property as a historical display, ~ deferred and referred to the Mav 16 2005 soecial Council meetina to allow Father Hayes COUNCIL MINUTES MAY 9,2005 - 121 - CITY OF KITCHENER of the Fathers of the Resurrection Congregation to be invited to clarify the Congregation's position regarding the cross." Carried. Mr. Bob McColl, Pinegrove Community Association, advised that he had attended the May 2, 2005 Development & Technical Services Committee meeting to request that, notwithstanding Council's policy to allow two citizen representatives, additional community representatives be permitted to participate in the Site Plan Review process for 4263 King Street East. He noted that Councillor J, Gazzola had suggested that any change in the process should be considered on a City-wide basis; however, he pointed out that this is a unique situation in that more than one Neighbourhood Association is adjacent to the property. In this regard, he stated that the Pinegrove Community Association does not believe a City-wide modification is necessary as in their opinion it is highly unlikely that a similar circumstance will occur often, if at all. He asked that 6 citizen representatives from the adjacent neighbourhood associations be permitted to attend the Site Plan Review meetings for this redevelopment project. Councillor B, Vrbanovic suggested that one additional citizen representative be appointed, Mr, McColl noted that slight differences of opinion exist among the affected associations and therefore, could not say at this time if a consensus on one representative could be reached without benefit of meeting with all parties involved. Councillor J. Gazzola commented that the Site Plan Review Committee is a staff committee, intended to be a meeting between staff and the developer; however, Council adopted a Public Participation Policy to allow two citizen representatives to participate. He added that affected residents are notified prior to site plan review meetings and provided with Council and staff contacts to which they can make their concerns known. All concerns raised are noted at the review meeting and in this case, he advised that concerns above and beyond what can be regulated were raised and the developer is considering all. He suggested and it was agreed, that the current practice should continue while staff review the policy, as he has requested, and asked that staff report to the June 13, 2005 Development & Technical Services Committee as to the outcome of their review. Council was in receipt this date of a memorandum (J. Willmer) dated May 9, 2005, concerning Clause 3 of the Development & Technical Services Committee report of this date, dealing with a Municipal Plan Amendment (MP 05/02/C/CB) and Zone Change Application (ZC 05/06/0C/CB) to implement changes to general policies and zoning in the Cedar Hill area, as recommended in the 'Cedar Hill Land Use and Social Environment Study', Council was also in receipt this date of the following documentation: · e-mail dated May 9, 2005 from Mr. DaveBennett,St. Joseph's School, regarding an inventory of existing classrooms and actual size of each room; · letter dated May 6, 2005 from Ms. Sharon Twilley, Executive Director, Waterloo Region Community Legal Services, raising concerns that restricting residential uses and dimensions in the Cedar Hill area will preclude future development of safe and affordable housing in any multi- unit format; · letter dated May 9, 2005 from Mr. Larry Kotseff, Commissioner of Planning, Housing and Community Services, Regional Municipality of Waterloo, requesting that the existing Residential Nine Zone (R-9) of 74 Church Street be maintained rather than be changed to Cedar Hill One Zone (CH-1) resulting in legal non-conforming status. Mr. J. Will mer, Director of Planning, advised that staff was requested to provide alternative wording that could be incorporated into the zoning amending by-law to address concerns raised by the House of Friendship and St. Joseph's School relative to changes in zoning of their properties that will result in legal non-conforming status, Mr, Will mer reviewed five alternatives for the House of Friendship, advising that Alternative 3 was preferred which would permit a multiple dwelling with 48-one bedroom units and 8-two bedroom units within the existing building; include provision for a residential care facility of up to nine beds; and allow minor additions to existing buildings for a multiple dwelling and residential care facility, provided additions are made only to accessory components of the buildings. Mr. Brian Hunsberger, House of Friendship, stated that all alternatives limit future residential expansion; however, as the organization has no plans to expand they are willing to accept Council's decision regarding the alternatives proposed. He advised that the organization prefers Alternative 4 COUNCIL MINUTES MAY 9,2005 - 122 - CITY OF KITCHENER as it leaves the majority of their zoning rights intact, with the exception that it will still limit residential expansion. He added that they are opposed to any lapsing provision as it would result in their inability to rebuild their facility should it be destroyed by fire or a natural disaster. He asked that should either Alternative 2 or 3 be approved, the words 'only within the building existing on the date of the passing of this by-law' be removed, suggesting that as the buildings are new and well maintained it would be a long time before any new additions would be contemplated. Ms, Sally Gunz, area resident, advised that with regard to the House of Friendship, Cedar Hill residents have asked that neither expansion of residential uses nor expansion of social services (ie. counseling services), be permitted. She stated that she had contacted a banker to determine the viability of the organization's statements that their borrowing rights would be adversely impacted as a result of legal non-conforming status and had been told that it should have no adverse impact and in fact, may have a positive effect. Ms. Gunz commented that there is a history of mistrust among area residents with respect to the House of Friendship, noting that area residents were unaware of the organization's opposition to the change in zoning. She questioned the organization's opposition to legal non-conforming status as they have stated for the record that they have no plans for expansion and suggested that they should not be treated differently, She added that residents could accept staff's recommended alternative provided assurances were given that counseling services could not be expanded. Ms. S. Gunz also submitted this date, an undated letter from Mr. John Bergen, in which he expresses his opposition to the House of Friendship's request to maintain existing zoning on their property rather than become legal non-conforming. Mr. J. Willmer clarified that the House of Friendship did not receive a copy of the proposed by-law until shortly before it was to be considered by the Development & Technical Services Committee. He added that it was his understanding the organization does not engage in counseling services but rather undertakes case work. He suggested that an explanation be given between the two and if Mr. Hunsberger was prepared to do so, a statement could be made for the record that counseling is not part of their services. That being the case, the use would have no legal non-conforming status. Mr. B. Hunsberger clarified that counseling is a therapeutic process required to be undertaken by qualified social workers and is not a service provided by the House of Friendship. He pointed out that the organization undertakes case work wherein they work with their residents to connect them with services that can provide life skills training. He added that he disagreed that his organization was being treated differently as there are a number of exemptions proposed to the by-law for various properties within the Cedar Hill area. He concluded that the timing in which the staff report was received did not allow time to have discussions with anyone and his organization, having expected to see something recognizable to the existing zoning, had been surprised by the wording of the by-law. With regard to St. Joseph's School, Mr. J. Will mer advised that of the three alternatives proposed, a combination of Alternatives 2 and 3 is preferred wherein multiple dwellings will be permitted provided any new dwelling unit within the building on the date of passing of the zoning by-law has a minimum floor area of 75m2 and any new dwelling unit not built within the building on the date of passing has a minimum floor area of 85m2; and also provides for a community centre as a permitted use subject to certain regulations. Mr. Willmer added that it may be appropriate to provide assurance to both the House of Friendship and St. Joseph's School, through resolution of Council, that if destroyed by fire or natural disaster they would be allowed to rebuild their facilities in the same location and to the same size. Mr. Dave Bennett, St. Joseph's School, advised that he was in support of staff's recommendation and had no concerns with the proposed wording. Ms. Sally Gunz advised that area residents also agreed with staff's recommendation regarding St. Joseph's School. In regard to the House of Friendship, she requested that assurance be given that existing services would not be expanded and only existing residents would continue to be serviced. Mr. J. Will mer then referred to the Region of Waterloo's request to retain the Residential Nine Zoning at 74 Church Street. He advised that staff are not in agreement with the request given the Region has indicated they have no intention of expanding the use, and as the building is relatively new, the likelihood of the use lapsing would be unusual. Accordingly, staff are recommending that no change be made to the by-law as it is their opinion legal non-conforming status has no impact to the Region's property. COUNCIL MINUTES MAY 9,2005 - 123 - CITY OF KITCHENER Councillor B. Vrbanovic referred to the preferred Alternative for St. Joseph's School which does not include 'studio' as a permitted use and questioned if this would preclude combined residential / commercial uses. Mr. J. Willmer stated that the intent is to preclude a retail component; however, it would not preclude individuals from arranging private sales as they are not considered retail by definition. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, Clause 3 of the Development & Technical Services Committee report of this date, as amended to remove the last clause containing direction to staff, was brought forward for consideration. Councillor J. Gazzola requested that Clause 3 be dealt with in three parts to deal with the requests of St. Joseph School and the House of Friendship. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, it was agreed to further amend Clause 3 to include provision in the zone change amending by-law, relative to St. Joseph's School (160 Courtland Avenue East), to permit multiple dwellings provided any new dwelling unit within the building existing on the date of the passing of the by-law has a minimum of 75m2 and any new unit not within the building existing on the date of passing has a minimum floor area of 85m2; and to provide for community centre as a permitted use with certain regulations. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, it was agreed to further amend Clause 3 to include provision in the zone change amending by-law, relative to the House of Friendship (Charles and Eby Streets), to permit a multiple dwelling with 48-one bedroom units and 8- two bedroom units within the existing building; include provision for a residential care facility of up to 9 beds; and allow minor additions to existing buildings for a multiple dwelling or residential care facility provided additions are made only to accessory components of the buildings. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, it was also agreed to amend Clause 3 to provide that St. Joseph's School and the House of Friendship will be permitted to rebuild their existing facilities in the same location and at the same size, should their facilities be destroyed by fire and / or a natural disaster. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That Clause 3 of the Development & Technical Services Committee report of this date be adopted, as amended." Carried. Ms. Jade Lo advised that she had been asked to act as an interpreter for Mr. Dung Nguyen regarding an application for a liquor licence for the Midnight Bar & Club to be located at 151 King Street West. It was noted that this matter relates to Clause 11 of the Finance and Corporate Services Committee report of this date, recommending that the liquor licence application be opposed and in the event the licence is approved by the Alcohol & Gaming Commission of Ontario (AGCO), provides for conditions to be added to the licence. Councillor B. Vrbanovic enquired if the delegation understood the nature of the Committee's recommendation and through the assistance of Ms. Lo the delegation indicated he did not. At the suggestion of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, it was agreed that this matter be temporarily adjourned to allow him to speak with the delegations and explain the meeting process and the Committee recommendation to them. Councillor C. Weylie advised that a number of delegations were in attendance regarding a by-law to close and sell part of Karn Lane, listed as Item 9.d) on the Council agenda of this date. Ms. L. MacDonald, City Solicitor, advised that the sale of the Karn Lane lands had begun several years past but proceedings were never completed. Early this year, the City received a request to continue with the sale and an Offer to Purchase from adjacent property owners was approved on April 11, 2005. The proposed by-law will effect closure of the lane and allow sale of the lands. Ms. MacDonald advised that under the new Municipal Act, the City is not obligated to offer the lands to COUNCIL MINUTES MAY 9,2005 - 124 - CITY OF KITCHENER adjacent properties and in this case, two adjacent companies approached the City to acquire the lands. Harry and Gail Thomas, area residents, advised that they were in support of the lane closure as it would stop problems they have experienced with trespassing, littering and vandalism. Jay and Kelly Corrigan, area residents, raised concerns that those who currently use the lane would be forced to use Patricia Avenue to access Belmont Avenue and suggested that problems associated with the lane would transfer to properties on Patricia Avenue. They also raised concerns with regard to any future plans to re-open the lane to accommodate new residential development. They stated that they had bought their home because of the older characteristics of the neighbourhood and suggested that the land was too small for new development and new housing would depreciate the value of their home. Mr. George Lavallee, prospective purchaser, advised that he intended to construct a fence across the lane to prohibit access and resolve issues of trespassing and vandalism. He did point out that access from Patricia Avenue, such as a driveway, would be required for a residential use; however, he advised that he had no development plans for the lands at this time. Ms. Delores Sedlmeir, area resident, advised that she had similar concerns to those raised by the Corrigans and had nothing further to add. Dave and Anne Welch, area residents, spoke in opposition to the lane closure, commenting that pedestrians who normally use the lane will be forced to use a section of Patricia Avenue that has no public sidewalk and should the lands be developed for residential use, the increase in density would adversely impact the character of a sensitive, older neighbourhood. Ms. Cathy Cameron, area resident, also spoke in opposition to the lane closure, raising concerns regarding traffic issues. Mr. George Lavallee commented that the majority of concerns raised this date pertain to future development of the lands and pointed out that he could develop his adjoining lands for residential use with or without the lands acquired through the lane closure. He stated that closing of the lane was requested for reasons of safety and to eliminate problems of vandalism. He added that he was prepared to discuss with area residents any future plans for development he may have for the lands at such time as it may be proposed, Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That a by-law to close and sell the public highway known as part of Karn Lane in the City of Kitchener, listed as Item 9.d) on the Council agenda, be given three readings this date." Carried. Ms. Sally Gunz, 'Downtown East, Ya Gotta Luv It' project, attended in support of Clause 3 of the Community Services Committee report of this date, recommending approval of a $15,000. grant to the project. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 3 of the Community Services Committee report of this date be adopted." Carried. Councillor J. Smola requested to be recorded as voting in opposition to Clause 3 of the Community Services Committee report of this date. Mr. Mark LaRocque advised that he was in the process of circulating a petition requesting the City provide additional shelters for the homeless to which 414 signatures have been collected thus far. Mr. LaRocque stated that additional housing is needed and in particular, there is a need for facilities to house co-habitating couples. He noted that the City of Toronto allows use of an apartment for a COUNCIL MINUTES MAY 9,2005 - 125 - CITY OF KITCHENER period of one year and provides social services assistance to aid individuals in improving their quality of life. Councillor G. Lorentz advised that the City shares similar concerns regarding housing; however, the authority to make decisions regarding housing rests with the Region of Waterloo. He suggested that it would be more appropriate for the delegation to approach the Region with their request. Councillor B. Vrbanovic added that in addition to the delegation approaching the Region, the City could correspond with Regional staff to make known the concerns raised, Ms. Jade Lo and Mr. Dung Nguyen rejoined the meeting at this time to continue discussion regarding Clause 11 of the Finance and Corporate Services Committee report, dealing with an application for a liquor licence for the Midnight Bar & Club to be located at 151 King Street West. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, advised that Mr. Nguyen now had full understanding of the recommendation to oppose the liquor licence application. He further advised that Mr. Nguyen had asked for time to review the issues with the intent that the application be revised and re-submitted to address the concerns raised, Mr, Sosnoski noted that the start of the 30- day period in which Council has a right to provide comment on the application to the AGCO is undetermined and in deferring this matter, he cautioned that timing be taken into consideration so as not to jeopardize that right. Ms. Silvia Wright advised that the Nguyens do not take possession of the property until June 1, 2005 and it was her understanding that the 30-day period would not start until they actually own the property. A motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, was brought forward to consider deferral and referral of Clause 11 of the Finance and Corporate Services Committee report to the May 16, 2005 special Council meeting to allow staff an opportunity to confirm with the AGCO the start date of the 30-day period; and if at that time Council's right to comment is not jeopardized, the matter be further deferred to the June 13, 2005 Finance and Corporate Services Committee meeting for further consideration. Councillor G. Lorentz spoke in opposition to the deferral as it was his opinion the application is not in the public interest and it would require a substantial revision by the applicant to change the outcome. Councillor J. Gazzola questioned if the matter was deferred if the applicant could submit a new application to the AGCO. Ms. S. Wright advised that the application has already been made but cannot proceed until conditions are met, after which the 30-day period would begin. She suggested the applicant may be able to amend the current application, Councillor B. Vrbanovic then withdrew his motion to defer and requested that an in-camera meeting be convened to consider a matter of solicitor-client privilege. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That an in-camera meeting be held immediately on the basis of solicitor-client privilege in order to obtain legal advice regarding the liquor licence application for the Midnight Bar and Club." Carried. Council resolved itself into caucus at 9:28 p.m. and re-convened at 9:31 p.m. Through the assistance of Ms. J. Lo, Mr. Nguyen answered questions raised by Councillor B. Vrbanovic, advising that he understood Council is considering a recommendation to oppose the liquor licence application but he did not understand the concerns; and it is his wife who is the applicant and who will be the owner of the property. Councillor B. Vrbanovic requested that Ms. J. Lo enquire of the applicant if she wished to address Council. Ms. Lo posed the question to the applicant, who responded that she wished to have her husband represent her at this meeting. Ms. J. Lo then assisted Mr. Nguyen to answer additional questions raised by Councillors B. Vrbanovic and J. Gazzola, advising of the following: COUNCIL MINUTES MAY 9,2005 - 126 - CITY OF KITCHENER · he understood that the concerns relate to the applicant's ability to comply with a ratio of 65% alcohol sales to 35% refreshment sales, without benefit of full kitchen facilities on the premises and the intention to open a bar in a location that has been problematic in the past; · the applicant has friends in Kitchener and a relative in Brantford who are in the restaurant business and intends to offer a buffet with the food to be delivered; with no cooking to be done on site; · he understood that City staff have concerns with the proposed method of refreshment sales; · he understood that even though Council may oppose the licence application the final decision rests with the AGCO; · neither he, nor the applicant, have experience in the restaurant business; however, the applicant has worked with her relative in Brantford; · neither he, nor the applicant, have previously owned / operated a restaurant or a bar facility. Councillor B. Vrbanovic stated that in light of the responses given he was no longer in support of deferring this matter and suggested that the recommendation to oppose the liquor licence be approved and the matter forwarded to the AGCO. He then withdrew his earlier deferral motion. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 11 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Moved by Councillor J. Gazzola Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause Clause 3 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." With regard to Clause 6 of the report dealing with a grant request by the K-W Artisan Festival, Councillor G. Lorentz advised that the Festival has withdrawn their grant application in favour of pursuing options for 2006. Accordingly, Clause 6 of the report was withdrawn and not voted on. The report of the Community Services Committee was then voted on Clause by Clause. Clause 3 - Carried. Clause 6 - Recommendation redundant, appli- cation withdrawn by the applicant. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Voted on Clause by Clause COUNCIL MINUTES MAY 9,2005 - 127 - CITY OF KITCHENER Clause 10 - Dealt with under Delegations and action deferred and referred to the May 30, 2005 Council meeting. Clause 11 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause Clause 2 - Dealt with under Delegations and deferred and referred to the May 16, 2005 special Council meeting. Balance of report - Carried. Councillor G. Lorentz inquired when the Centre Block Steering Committee intended to come forward with a report regarding a new main library. Ms. C. Ladd advised that presentations will be made at the May 16, 2005 Finance and Corporate Services Committee meeting by the Kitchener Public Library and the Centre Block Steering Committee, at which time, it is anticipated that requests for direction will be made regarding completion of a functional design for the new library and whether or not to proceed with locating the new library on the Centre Block site. Council subsequently gave first and second reading to four additional by-laws (shown as Items g), h), i) and j) below) relative to Item B.8 of the Committee of the Whole to effect a Municipal Plan Amendment and Zone Change Amendments relative to Clauses 1, 2 and 3 of the Development & Technical Services Committee report of this date. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) 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. (d) Being a by-law to close and sell the public highways known as part of Karn Lane in the City of Kitchener. (e) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Snowdrop Court. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Max Becker Drive. COUNCIL MINUTES MAY 9,2005 - 128 - CITY OF KITCHENER (i) Being a by-law to adopt Amendment No. 58 to the Municipal Plan - Cedar Hill Area. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Cedar Hill - Area Bounded by Benton Street, Courtland Avenue East, Stirling Avenue South and Charles Street East. 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 Acting Mayor C. Weylie appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Acting Mayor C. Weylie occupied the Chair. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "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. Gazzola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2005-82) (b) 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. 2005-83) (c) 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. 2005-84) (d) Being a by-law to close and sell the public highways known as part of Karn Lane in the City of Kitchener. (By-law No. 2005-85) (e) To further amend By-law No. 2000-159, 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. 2005-86) (f) To confirm all actions and proceedings of the Council. (By-law No. 2005-87) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Snowdrop Court. (By-law No. 2005-88) COUNCIL MINUTES MAY 9,2005 - 129 - CITY OF KITCHENER (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Max Becker Drive. (By-law No. 2005-89) (i) Being a by-law to adopt Amendment No. 58 to the Municipal Plan - Cedar Hill Area. (By-law No, 2005-90) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Cedar Hill - Area Bounded by Benton Street, Courtland Avenue East, Stirling Avenue South and Charles Street East. (By-law No. 2005-91) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:50 p.m. MAYOR CLERK COUNCIL MINUTES MAY 9,2005 - 130 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1, That Zone Change Application ZC 04/24/B/BS for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Four Zone (R-4) with special regulation provision 286R on lands legally described as Part Lot 132, G.CT, in the City of Kitchener be aooroved, without conditions, in the form shown in the 'Proposed By-law', dated April 8, 2005, attached to Development and Technical Services Department report DTS-05-051. 2. That Zone Change Application ZC 04/21/M/KS, for Max Becker Enterprises Limited, to change the zoning on the subject lands from Community Institutional Zone (1-2) to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 344U, on lands legally described as Part of Lots 5 and 6, RCP 1470, in the City of Kitchener, be aDo roved in the form shown in the 'Proposed By-law', dated April 19, 2005, attached to Development and Technical Services Department report DTS-05-063. 3. That Municipal Plan Amendment MP05/02/C/CB, be adooted, in the form shown in the 'Proposed Municipal Plan Amendment', attached to Development and Technical Services Department report DTS-05-069, to introduce new general policies to the Cedar Hill and Mill Courtland-Woodside Park Secondary Plans, and to delete the General Industrial policies of the Cedar Hill Secondary Plan, and be forwarded accordingly to the Region of Waterloo for approval; and, That Zone Change ZC 05/06/C/CB, to comprehensively rezone the Cedar Hill Planning Community, in the City of Kitchener, be aooroved, in the form shown in the 'Proposed By-law', dated April 28, 2005, attached to Development and Technical Services Department report DTS-05-069 and as amended at the May 9, 2005 Council meeting to include the following provisions: 350U Notwithstanding sections 49.1 and 49.2 of this by-law, within lands zoned CH-1 and shown on Schedule 120, as affected by this subsection, a multiple dwelling with 48 one-bedroom units and 8 two-bedroom units shall also be permitted, on lands legally described as Plan 367 Part Lots 2-5, Plan 393 Part Lot 18, within the building existing on the date of the passing of this by-law. Notwithstanding sections 50.1 and 50.2 of this by-law, within lands zoned CH-2 and shown on Schedule 120, as affected by this subsection, the following uses shall also be permitted within the buildings existing on the date of the passing of this by-law: a residential care facility not to exceed 51 beds on lands legally described as Plan 364, Part Lot 11, Plan 367, Part Lot 2, Plan 393, Part Lot 18; ii) a multiple dwelling with 22 one-bedroom units, on lands legally described as Plan 367, Part Lots 2-4; and, iii) a residential care facility not to exceed 9 beds, on lands legally described as Plan 393, Part Lot 18, Plan 364, Part Lot 11. For a multiple dwelling or residential care facility permitted by this provision, minor additions to the existing buildings shall be permitted, provided such additions are made only to accessory components of the building, such as halls, corridors, washrooms, loading / service facilities, storage areas, or mechanical, electrical or maintenance rooms. - and - 348U Deleted subsection c). 347U Notwithstanding Section 51 of this by-law, within lands zoned CH-3 shown on Schedules 119 and 120, as affected by this subsection, Artisan's Establishment and Office shall also be permitted in accordance with those regulations in Section 32.3 of the by-law, COUNCIL MINUTES MAY 9,2005 - 131 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) Multiple dwellings shall be permitted, provided that any new dwelling unit within the building existing on the date of the passing of this by-law, has a minimum floor area ~; ;h5e ;:S~i~~ ~~~h~Se~y~;~~li~is U;i~~n~~~~\~~~i;r~~eo~~i~d~~ existing on the date A Community Centre shall also be permitted, subject to the following regulations: that a Community Centre shall be permitted only for performing or visual arts; and, ii) that a Community Centre shall be permitted only within the building permitted on the date of the passing of this by-law. The following uses shall not be permitted: Arena Auditorium Medical Laboratory Social Service Establishment which provides counselling on site Stadium Studio All uses, other than single detached dwellings, shall be in accordance with Section 32.3 of this by-law.; and, That a one-time per property zone change application fee, for applications for new residential development in the Cedar Hill Zones, made between May 31 st, 2005 and December 31 st, 2010, be set at $500, rather than the current $4,180; and further, That Planning staff, in conjunction with all applicable agencies and levels of government, be directed to report back to the Development and Technical Services Committee, with opportunities for the Municipality to encourage and facilitate the development of new duplexes, multiple dwellings, lodging houses and residential care facilities in all other appropriate areas of the City. - and - That in the event the buildings in existence as of May 11, 2005 on the House of Friendship lands on Charles and Eby Streets, and on the St. Joseph's School lands at 160 Courtland Avenue East should be destroyed by fire and 1 or natural disaster, the owner(s) of said buildings shall be permitted to reconstruct in the same location and at the same size as prior to the fire or natural disaster. (Dealt with under Delegations and Carried, as Amended) COMMUNITY SERVICES COMMITTEE - 1. That Sheila McMath be appointed to the Arts and Culture Advisory Committee (ACAC), to fill the vacancy created by the resignation of Virginia Eichhorn. 2. That the monument located in Section E, Lot 91, at Williamsburg Cemetery remain in the cemetery and be exempt from the provisions of Section 11.13 of Chapter 210 (Facility - Cemeteries - Municipal) of the Municipal Code. 3. That a $15,000. Community Development Infrastructure Program (CDIP) grant be approved to the "Downtown East, Ya' Gotta Luv It" project. (Dealt with under Delegations and Carried) COUNCIL MINUTES MAY 9,2005 - 132 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. That as a means of preserving a significant industrial artifact and to create a potential tourist attraction the donation of the Kaufman Steam Engine, be accepted; and further, That staff be directed to explore options to publicly display the steam engine, with preference to be given to locations in the Downtown area. 5. That an in-kind services grant of up to $1,500., to be funded from the general provisions grant fund, be approved for the Downtown Kitchener Motorcycle Meet and Greet event to be held on June 17, 2005. 6. That an in-kind services grant of up to $1,500., to be funded from the general provisions grant fund, be approved for the KW Artisan Festival to be held on June 11 and 12, 2005. (Recommendation redundant, application withdrawn by the applicant.) 7. That an in-kind services grant of up to $3,450., to be funded from the general provisions grant fund, be approved for the Heritage Green Lawn Bowling Club, to assist them with co-hosting the 2005 Canadian National Lawn Bowling Championships. 8. That Council Policy 1-475 (Naming/Renaming of Corporate Facilities) attached to Community Services Department report CSD-05-057 be approved and replace the current Council Policy 1- 475 (Naming of New Recreation Facilities), dated April 29, 1991. 9. That the 2005 schedule of events as outlined in Community Services Department report CSD- 05-059, be endorsed; and, That the request of the Kitchener Downtown Business Association (KDBA) to centralize the event portfolio in the Special Event unit be ratified; and further, That staff be directed to develop a business case to consider the benefits of additional resources for community driven development of new event programming, primarily with a cultural diverse theme, FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That the request of the World Partnership Walk to sell refreshments in Victoria Park on May 29, 2005 be approved, provided the necessary licence is obtained, including Health and Fire approvals. 2, That the request of the Forest Heights Community Centre, to operate a barbecue at 1700 Queen's Boulevard on June 11, 2005 be approved, provided the necessary licence, including Health and Fire approvals, is obtained. 3. That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held September 3 & 4, 2005 at 1548 Fischer- Hallman Road, Kitchener, provided a building permit is obtained for the erection of any tents; and further, That the event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community. 4. That Homeniuk Rides Inc. be granted permission to operate a Midway at the Optimist Sports Park, 120 Pioneer Drive on May 26-29, 2005, subject to the following: Hours and Dates of Operation: COUNCIL MINUTES MAY 9,2005 - 133 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) Thursday, May 26 Friday, May 27 Saturday, May 28 Sunday, May 29 3:30 pm to 10:00 pm 3:30 pm to 10:00 pm 10:00 am to 11 :00 pm Noon to 9:00 pm; and, That the music at the Midway be turned down at 8:00 p.m., excepting those evenings preceding a school day when it shall be turned off at 9:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non- school day; and further, That the required licence be obtained prior to operating the Midway. 5. That the City of Kitchener has no objection to the Kitchener Mennonite Brethren Youth Group distributing coffee free of charge in front of City Hall on May 14, 2005 to promote International Fair Trade Day. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Forest Heights Collegiate between the hours of 7:00 p.m. on May 27 to 7:00 a.m. on May 28, 2005, for their 'Relay for Life Campaign' being held in conjunction with the Canadian Cancer Society. 7. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Aga Khan Foundation of Canada on Sunday, May 29, 2005, between the hours of 11 :00 a.m. and 3:00 p.m. to participate in the 2005 World Partnership Walk at the Victoria Park Gazebo. 8. That the Mayor, or in his absence the Acting Mayor, be appointed as Chair of the Audit Committee; and, That the following City of Kitchener Divisions/Sections be included in the immediate case load with respect to Performance Measurement: Arenas; Special Events; and the New Market; and further, That the following City of Kitchener Divisions/Sections be included in the immediate case load with respect to Performance Audits: Communications; Licensing; Budgets; and the Print Shop. 9. That Council Policy 1-66 (Audit Committee - Terms of Reference) be amended by deleting the phrase 'report to the Finance and Corporate Services Committee' contained in Clause 2 and replacing it with the phrase 'report directly to Council'. 10. That the application for an Encroachment Agreement by the owner(s) of Dandy's Restaurant, located at 85 King Street West, for the operation of a sidewalk patio for 2005, be refused. (Dealt with under Delegations and action deferred and referred to the May 30, 2005 Council meeting for further consideration.) 11. WHEREAS Van Thi Truong (herein referred to as the "Applicant") gave The Corporation of the City of Kitchener notice on March 29, 2005 that she would be seeking a liquor licence for premises known municipally as 151 King Street West; and, WHEREAS the information provided by the Applicant was reviewed by the City of Kitchener's Liquor Licence Review Committee in consultation with members of the public; and, COUNCIL MINUTES MAY 9,2005 - 134 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) WHEREAS the information provided by the Applicant and the Liquor Licence Review Committee together with submissions from members of the public was considered by the City's Finance and Corporate Services Committee at its meeting held on May 2, 2005 and at such time concerns including the inability of the Applicant to abide by her proposed 65% ratio of alcohol sales to gross refreshment sales without any kitchen facility in the premises and the Applicant's intention to open her bar in a location that has been problematic in the past were raised; NOW THEREFORE the Council of The Corporation of the City of Kitchener has determined and submits pursuant to section 7(4) of the Liquor Licence Act that issuance of a liquor licence to the Applicant for Midnight Bar & Club to be located at 151 King St. West, Kitchener, is not in the public interest having regard to the needs and wishes of residents of the municipality, and accordingly, Council ooooses the aoolication and reauests a hearina be held on behalf of the residents of the municioalitv; and, That Council directs staff to reauest the Alcohol and Gamina Commission of Ontario (the "AGCO") to attach the conditions listed below to the Aoolicant's liauor licence should the AGCO issue the licence in soite of Council's oooosition; and, That Council authorize staff to enter into an agreement with the Applicant should she be willing, wherein the Applicant agrees to abide by the following conditions as private conditions with the City of Kitchener and may also agree to request the conditions be added to her licence if the AGCO chooses to issue the licence in spite of Council's opposition: 1. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; 3. To abide to a set 65% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in her applications (in other words, alcohol sales will be limited to 65% of gross refreshment sales); 4. To stop serving alcohol by 1 :00 a.m. daily; 5. To voluntarily surrender the liquor license to the AGCO should the Applicant cease to operate this establishment in the future; 6. To notify the Clerk of the City of Kitchener in writing of any applications to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 7. To comply with the noise by-law and the smoking by-law; and, 8. These conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, That in the event the Aoolicant's aoolication has not been formallv submitted to the AGCO at the time the AGCO receives this resolution Council reauests that the AGCO acknowledae receiot of this resolution and advise the Citv if the aoolication is brouaht forward to the AGCO at a later date. (Dealt with under Delegations and Carried) 12. That $90,264.97 be written off, representing outstanding loans previously funded through a tenant program related to the Fagade Loan Incentive Program for the period of 1993-1996. COUNCIL MINUTES MAY 9,2005 - 135 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 13. That the staff recommendation contained in Chief Administrator's Office report CAO-05-004 (Modification to the Fagade Loan Incentive Program), dated April 25, 2005, to revise the current disbursement schedule for the Fagade Loan Incentive Program forgivable grant so that early repayment does not result in a smaller grant amount, be deferred and referred to a future meeting of the Finance and Corporate Services Committee, pending a report dealing with full review of the Loan Program. 14. That the City enter into an agreement, satisfactory to the City Solicitor, with The Corporation of the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society regarding the continuation of the Spay/Neuter Program for a term of January 1, 2004 to December 31, 2006, to be partially funded by grants from the City of up to $30,000 per annum over the three year term, and that the Mayor and Clerk be authorized to sign such agreement. HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-IV-002 (120 Duke Street West), be approved to permit the work as shown on the plans and described in the specifications dated March 9, 2005, April 11, 2005 and April 13, 2005 submitted in support of the application, subject to the following conditions: a) That any openings or damage to the masonry resulting from the removal of the fire escape on the west elevation be repaired in accordance with the specifications submitted for masonry repair; and, b) That the existing brick chimneys located at the northeast and northwest corners of the building be lowered to a height no less than 6' and capped as shown on elevation drawings dated April 11 , 2005 rather than be removed completely (as referenced in the specifications dated March 9,2005); and, c) That the new PVC window units match the form and detailing (including the window proportion and divisions) of the corresponding original wood windows, all as depicted in elevation drawing numbers A07, A08 and A09 dated April 11, 2005 prepared by Cianfrone Architect Inc.; and that the owner submit measured drawings of each variation of the original wood windows to the City for its archives; and, d) That the missing corbels be replaced; and, e) That shadow lines be added to the upper fascia to mimic the effect of the original design; and further, f) That the applicant attend a future meeting of Heritage Kitchener to present and seek approval for the finalized design and location of the roof screening. 2. That the cross at 120 Duke Street West (St. Jerome's High School/College) situated on the peak of the pediment on top of the central pavilion on the south (front) elevation be relocated to another site on the grounds of the St. Jerome's property or within the building as part of a historical monument/display depicting the history of St. Jerome's. (Dealt with under Delegations and deferred and referred to the May 16, 2005 special Council meeting for further consideration.) 3. That By-law 91-142 designating 39 Doon Valley Drive as being of historic and architectural value, pursuant to the Ontario Heritage Act, R.S.O. 1980, Chapter 357, be amended so that the legal description no longer makes reference to lands which are now legally described as Parts 1 and 5 of 58R-11396; and to revise the heritage attributes to add reference to the apple tree and delete reference to the birch, white spruce and elders along the fenceline beside the road, and the alignment and historic nature of the 18' right-of-way of the former Doon Village COUNCIL MINUTES MAY 9,2005 - 136 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 3. (Cont'd) Road without curb and gutters for a distance of 400' from the intersection of Doon Valley Drive and Pinnacle Drive. 4. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 39 Doon Valley Drive and part of the former Doon Valley Drive right-of-way as being of cultural heritage value or interest, with the following heritage attributes: The house located at 39 Doon Valley Drive is a circa 1840 1 1/2 storey structure, constructed with a combination of granite, limestone, fieldstone and lime mortar. The heritage attributes of the building include: the north, east and west elevations of the house, including wood soffit and V-frieze board, wood sash, sill and casing of all windows, single door with transom on the north (front) elevation, the roof and roofline, including the stone chimney above the east gable of the farmhouse. The building material, methods of construction, and the rural setting are also heritage attributes. Heritage attributes include the rural setting of this house and the historic alignment of the former Doon Valley Drive (previously Doon Village Road and Old Huron Road) right-of-way. Several trees of a significant age, both on 39 Doon Valley Drive and the former right-of-way, are situated immediately around the house, including one Apple, two Sugar Maples, one Norway Spruce, and one Ash. These trees have provided an historic context for the house for several decades, including the era when the former Doon Village Road (Old Huron Road) was an open and travelled road linking the former Village of Doon to Tow Town and Oregon (today known as Upper Doon), in the 19th century. This road also served as one of the post-1850 alignments of the Old Huron Road, commonly referred to as the 'Canada Company's Communication Road'. Historically, there have been three significant owners associated with the subject property. They are the Honourable Adam Ferry, founder of Doon, Samuel Snider, owner of the Blair Mill, and Thomas Slee, one of the first trustees of S.S. 327 Waterloo Township and postmaster in Doon from 1867 to 1893; and further, That once the Notice of Intention has been published, and the objection period has expired with no objections, or any objections which may be received are resolved, and a designating by-law has been adopted by Council, and registered on title, Council pass a by-law to repeal the previous designating by-law, as amended, in the manner prescribed in the Ontario Heritage Act. COUNCIL MINUTES MAY 9,2005 - 137 - 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. ADMINISTRATIVE REPORTS- 1. Doa Desianation Aooeal Committee It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Shane Sawyer, wherein the Committee rescinds the designation of Prohibited Dog applied to "Sheila", a dog owned by Shane Sawyer, be ratified and confirmed." - and - "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Stephanie Delacelle, wherein the Committee affirms the designation of Prohibited Dog applied to "Lucky", a dog owned by Stephanie Delacelle, be ratified and confirmed." 2. Enaineerina Aareement - Edaewater Estates Subdivision It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Edgewater Estates Subdivision, Plan 30T-00201." 3. Various Tenders Dealt with under Delegations. 4. Memorandum of Settlement - CUPE Local 791 (Inside / Clerical & Technical Emolovees) The Committee considered a resolution arising from in-camera discussion this date relative to Chief Administrator's Office report CAO-05-010 (L. Bansen), dated May 9, 2005, recommending approval of the terms and conditions contained in a Memorandum of Settlement regarding the 2005 - 2008 Collective Agreement with CUPE Local 791. It was resolved: "That the terms and conditions contained in a Memorandum of Settlement dated April 28, 2005, be approved in connection with the 2005 - 2008 Collective Agreement with CUPE Local 791 (Inside / Clerical & Technical Employees); and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." 5. Salarv and Frinae Benefit Adiustments - Non-Union and Manaaement Emolovees The Committee considered a resolution arising from in-camera discussion this date relative to Chief Administrator's Office report CAO-05-011 (L. Bansen), dated May 9, 2005, recommending approval of salary and fringe benefit adjustments to non-union and management employees, except General Managers and the CAO, consistent with the CUPE Local 791 wage settlement. COUNCIL MINUTES MAY 9,2005 - 138 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Salarv and Frinae Benefit Adiustments - Non-Union and Manaaement Emolovees (Cont'd) It was resolved: "That consistent with the CUPE Local 791 wage settlement, salary and fringe benefit adjustments be approved to non-union and management employees, save and except General Managers and the Chief Administrative Officer, for the period of 2005 - 2008." 6. Salarv Adiustments - 9000 Series Emolovees The Committee considered a resolution arising from in-camera discussion this date relative to Chief Administrator's Office report CAO-05-012 (L. Bansen), dated May 9, 2005, recommending approval of salary increases for 9000 Series employees consistent with the CUPE Local 791 wage settlement. It was resolved: "That consistent with the CUPE Local 791 negotiated wage settlement, salary increases be approved for 9000 Series employees as follows: April 1, 2005 April 1, 2006 April 1, 2007 3% increase 3% increase 3% increase." 7. Land Exchange - City of Kitchener / JHS Properties Inc. / Grand River Conservation Authoritv (GRCA) - Pioneer Ridae The Committee considered a resolution arising from in-camera discussion this date relative to Corporate Services Department report CRPS-05-091 (F. McCrea), dated May 9, 2005, concerning an Offer to Purchase from the GRCA and JHS Properties Inc. to effect a land exchange resulting in conveyance of the Pioneer Ridge lands, on which the Schoerg Barn foundation is located, to the City. Mr. J. Will mer advised that a portion of public open space lands is being sold as part of the exchange that was never used, nor contemplated for use, as parkland. He added that the land exchange will result in a net gain of 30 to 40 acres of public open space lands acquired by the GRCA. It was resolved: "That the Mayor and Clerk be authorized to execute an Offer to Purchase from the Grand River Conservation Authority and an Offer to Purchase from JHS Properties Inc., and all other required documentation to complete the transactions, on terms and conditions satisfactory to the City Solicitor, to effect a land exchange that will result in the conveyance of the portion of the Pioneer Ridge lands on which the Schoerg Barn foundation is located to the City of Kitchener." 8. Amending By-laws - Zone Change Applications ZC 04/24/B/BS; ZC 04/21/M/KS; ZC 05/06/C/CB and Municioal Plan Amendment MPA 05/02/C/CB Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, requested that zoning and Municipal Plan amending by-laws associated with Clauses 1, 2 and 3 of the Development & Technical Services Committee report of this date be given first and second readings and stand referred to Council for third reading. It was resolved: "That the following 'Proposed By-laws' be adopted: COUNCIL MINUTES MAY 9,2005 - 139 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Amending By-laws - Zone Change Applications ZC 04/24/B/BS; ZC 04/21/M/KS; ZC 05/06/C/CB and Municioal Plan Amendment MPA 05/02/C/CB - (Cont'd) · Amendment to By-law 85-1 to effect a change in zoning from Agricultural Zone (A-1) to Residential Four Zone (R-4) with special regulation provision 286R (ZC 04/24/B/BS - City of Kitchener- Snowdrop Court); · Amendment to By-law 85-1 to effect a change in zoning from Community / Institutional Zone (1-2) to Neighbourhood Shopping Centre Zone (C-2) with special use provision 344U (ZC 04/21/M/KS - Max Becker Enterprises Limited - Max Becker Drive); · Amendment to the Municipal Plan to introduce new general policies to the Cedar Hill and Mill-Courtland-Woodside Park Secondary Plans and to delete the General Industrial policies of the Cedar Hill Secondary Plan (MP 05/02/C/CB - City of Kitchener - Cedar Hill Area); and, · Amendment to By-law 85-1, to comprehensively rezone the Cedar Hill Planning Community (ZC 05/06/C/CB - City of Kitchener - Cedar Hill Area); and further, That the above by-laws be read a first and second time and stand referred to Council this date for third reading."