HomeMy WebLinkAboutCouncil - 2006-01-16COUNCIL MINUTES
JANUARY 16, 2006 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 Sam Martinello, St Anne's Catholic School.
On motion by Councillor C. Weylie, the minutes of the regular meeting held December 12, 2005 and
special meetings held December 12, 2005 and January 9, 2006, as mailed to the Mayor and
Councillors, were accepted.
COMMUNICATION REFERRED DIRECTLY TO FILE -
(a) Letter dated December 22, 2005, from Hon. John Gerretsen, Minister of Municipal Affairs &
Housing, acknowledging receipt of Council's resolution regarding Private Member's Bill 123 -
the Transparency in Public Matters Act, 2005.
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 C. Weylie
"That Tender T05-039, City of Kitchener Work Clothing, be awarded to Unisync Group
Limited, Guelph, Ontario, for two (2) years at their tendered price of $57,775.37 per year,
including G.S.T. & P.S.T., with an option to renew for an additional three (3) one-year periods."
- and -
"That Tender T05-086, Supply & Deliver Residential Water Heaters, be split awarded as
follows:
• 40, 50 & 60 gallon conventional, 40, 50 & 75 gallon power vented, 40 & 50 FVIR power
vented, and 50 gallon high input power vented heaters to: Rheem Canada Ltd., Hamilton,
Ontario, at their tendered price of $1,210,600., plus G.S.T. & P.S.T.; and,
• 75 gallon conventional, 60 gallon power vented, 50 gallon direct vented heaters to: GSW
Water Heating, Fergus, Ontario, at their tendered price of $34,736.80, plus G.S.T. &
P.S.T.; and further,
• 75 gallon conventional, 40 & 50 gallon direct vent /power vented heaters to: State
Industries Inc., Ashland City, Tennessee, at their tendered price of $44,230., plus G.S.T.
& P.S.T."
- and -
"That Quotation Q05-068, Vehicle Lifting System -Four Column -Wireless -Portable, be
awarded to Canada Powertrain, Mississauga, Ontario at their quoted price of $51,851.20.,
including P.S.T. & G.S.T."
Carried.
Council was in receipt this date of Community Services Department report CSD-06-009 (C. Sadeler /
K. Currier), dated January 12, 2006, regarding Clause 11 of the Development & Technical Services
Committee report of this date, dealing with a request from Reaching Our Outdoor Friends Inc.
(ROOF) for temporary use of 79 Joseph Street (former KOR Gallery). It is recommended in the
report that the City enter into a licensing agreement with ROOF to permit temporary use of 79 Joseph
Street as a youth resource centre for 4 months, with an option to extend the use for an additional 8
months, not exceeding December 31, 2006.
Mr. Tim Sothern, ROOF, spoke in support of the staff recommendation expressing appreciation for
the support given by the City in offering temporary accommodation needed as a result of a recent fire
at their place of business, 242 Queen Street South. He advised that if approved, ROOF will
commence operation of a youth centre at 79 Joseph Street immediately and all options for rebuilding
a permanent facility at their former location are being investigated with their insurance provider. In
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JANUARY 16, 2006 - 5 - CITY OF KITCHENER
answer to questions, Mr. Sothern advised that their insurance provider has indicated that it will take
between 8-12 months before they will be able to return to their permanent facility and accordingly, will
require temporary use of 79 Joseph Street beyond the initial 4-month period.
Ms. C. Sadeler commented on the terms of the license agreement, advising that ROOF will be
responsible for all utility costs, as well as any fees associated with rental of the construction site office
trailer required by City staff in lieu of using 79 Joseph Street during the reconstruction of Joseph
Street and the Victoria Park entrance features.
Mayor C. Zehr noted that at the special Finance and Corporate Services Committee Operating
Budget meeting held earlier this date, a $10,000. ROOF grant was recommended to Council for
approval, a portion of which is to be allocated toward capital costs of rebuilding their facility.
Ms. A. Pappert requested that in addition to approving the licensing agreement, Council formally
authorize temporary occupancy of 79 Joseph Street by ROOF, as considered on January 9, 2006 by
the Development & Technical Services Committee (report DTS-06-006 - C. Bluhm), and deferred and
referred to the Council meeting this date for consideration.
Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
"That Clause 11 of the Development & Technical Services Committee report of this date be
amended by replacing the deferral motion with the staff recommendation contained in
Community Services Department report CSD-06-009 (C. Sadeler / K. Currier), authorizing the
entering into of a license agreement with Reaching Our Outdoor Friends Inc. (ROOF) for
temporary use of 79 Joseph Street, and by adding an additional paragraph to formally
authorize the temporary occupancy of the said property within the terms of the license
agreement with ROOF."
Carried Unanimously.
Mr. Morris Manning spoke on behalf of Randy Zivkovic with regard to reconsideration of a Council
resolution dated January 31, 2005 denying a request to re-locate an Adult Entertainment Parlour from
808 Courtland Avenue to 37 Bruce Street, Kitchener. Council was in receipt this date of a
memorandum dated January 11, 2006 from Mr. R. Gosse, Director of Legislated Services, outlining
procedures and options.
At the request of Mr. Manning, it was agreed to defer this matter to a future meeting of Council to
allow him to compile appropriate materials for distribution and review by Council prior to their
considering his client's request for reconsideration of the 2005 resolution.
Mr. Frank Kulcsar, resident, requested that Council consider placing two questions on the ballot for
the 2006 Municipal Election regarding the new central library project and the issue of amalgamation.
Mr. Kulcsar suggested that the results would provide future elected representatives with an indication
in which direction to proceed regarding these matters.
Mr. Jeffrey Beckner, resident, addressed the ongoing demolition of the Forsyth Building, presenting
cards of condolence to Council in light of the City's loss of a designated heritage building. He
acknowledged Council's efforts to save the structure even though ultimately the final decision as to its
fate was taken out of their hands and for their wisdom in appointing a heritage committee. He asked
that Council remain diligent in heritage preservation, particularly within the core area, noting the
important role heritage buildings in defining the community.
Mayor C. Zehr advised that in response to recent media coverage suggesting the City does not
appreciate the value of its heritage, he had asked staff to prepare a summary of heritage successes
within the community, a copy of which was circulated this date. He noted that the summary clarifies
what the City has accomplished directly or indirectly in retaining buildings and preserving heritage
resources.
Council was in receipt this date of Corporate Services Department report CRPS-06-010 (L. Proulx / L.
Gordon), dated January 12, 2006, regarding Clause 1 of the Heritage Kitchener report (meeting of
January 10, 2006) outlining the process surrounding demolition of Phases 1, 2 and 4 of the Forsyth
Building.
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JANUARY 16, 2006 - 6 - CITY OF KITCHENER
Mr. J. Witmer, Chief Building Official (CBO), advised that further examination of the remaining 2
phases, being the 1937 Art Deco addition and Smyth residence, is expected to take place within the
next 2-3 weeks to determine viability of retaining these structures for future re-use.
Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, advised that the demolition
contract provides options to demolish with and without salvage rights, with the difference in cost being
$107,000. He indicated that the contractor is open to negotiating for a smaller quantity of salvage
materials at less cost and Council must decide what is to be recovered and in what quantity. Mr. L.
Proulx, Director of Facilities Management, added that the City currently has in storage a number of
skids of the yellow brick salvaged from a portion of the Forsyth Building previously demolished. In
addition, it was noted that Mr. L. Bensason, Heritage Planner, entered the site prior to the current
demolition under supervision of a representative of the engineering consultant, to remove several
pieces of non-structural materials having heritage /archival value.
In regard to salvaging the painted brick signage bands, Mr. G. Sosnoski advised that in light of the
unsafe condition of the building, demolition hand salvaging could not be accommodated and most of
the painted signage band has already been removed. Mr. L. Proulx noted that it would have required
substantial time and special techniques, involving hand removal and numbering of all the bricks, to
retain the signage bands. Councillor M. Galloway expressed disappointment in regard to demolition
of the signage bands given the recommendation of Heritage Kitchener and encouraged Council to
consider recovery of all remaining materials.
On motion by Councillor M. Galloway, seconded by Councillor C. Weylie, the Heritage Kitchener
report (meeting of January 10, 2006) was brought forward for consideration, dealing with retaining the
two remaining phases of the Forsyth Building (1937 Art Deco addition and Smyth residence); salvage
of all materials resulting from the demolition process; and remediation measures to ensure continued
integrity of the remaining 2 phases.
Council agreed to vote on the motion in three separate parts, by recorded votes.
Mayor C. Zehr requested that consideration of paragraph 1 of the motion regarding the remaining two
phases be deferred until demolition of the first three phases is complete and a report from the CBO is
received as to the condition of the remaining structures.
Councillors M. Galloway and J. Gazzola spoke in opposition to deferral of paragraph 1, commenting
on the importance of demonstrating a sincere interest in retaining the structures notwithstanding that
this may not preclude demolition should the buildings subsequently be deemed unsafe.
Councillor B. Vrbanovic requested that paragraph 2 be amended to require that 5,000 sq. ft. coverage
of the yellow bricks be salvaged, as well as selected wooden elements and any other artifacts
considered to be of heritage significance, all for re-use elsewhere.
Mr. G. Sosnoski subsequently requested direction regarding provision of an upset limit of $50,000. for
the purpose of renegotiating the salvage of materials and it was agreed to add such provision to
paragraph 2.
Moved by Councillor M. Galloway
Seconded by Councillor C. Weylie
"That the Heritage Kitchener report (meeting of January 10, 2006), as amended, be adopted."
Clause 1 -Voted on separately in three parts, on
recorded votes, as follows;
Paragraph 1 -Carried, as Amended.
In Favour: Mayor C. Zehr and
Councillors J. Smola, G. Lorentz and
B. Vrbanovic
Contra: Councillors J. Gazzola, M.
Galloway and C. Weylie
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JANUARY 16, 2006 - 7 - CITY OF KITCHENER
Paragraph 2 -Carried Unanimously, as Amended.
Paragraph 3 -Carried Unanimously.
Mr. B. McColl spoke in regard to Clause 6 of the Development & Technical Services Committee
report of this date, concerning a draft Regional Sign By-law. The draft Regional by-law makes
provision to control the number of election signs permitted to be displayed within a fixed geographic
area, which the City has indicated it supports in principle. Mr. McColl asked that Council reconsider
the City's position regarding election signage as they are small in size as compared to commercial
signage and are only displayed for a short term once every three years. Mr. McColl also asked that
the Office of the City Clerk consider holding a brief meeting with all candidates immediately following
Nomination Day to review the candidate package materials.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That Clause 6 of the Development & Technical Services Committee report of this date be
adopted."
Carried.
Mr. B. McColl also spoke in regard to Clause 1 of the Finance and Corporate Services Committee
report (meeting of January 9, 2006), regarding a funding request by the Greater Kitchener-Waterloo
Chamber of Commerce in support of the Physicians Recruitment Program. Mr. McColl asked Council
to consider approaching the Federation of Canadian Municipalities (FCM) and the Association of
Municipalities of Ontario (AMO) to assist in lobbying senior levels of government to address the issue
of the shortage of doctors, and re-certification of foreign-trained doctors in the Province.
Mayor C. Zehr commented that these issues are handled differently in each Province across the
country and accordingly, is more of a Provincial matter as opposed to Federal. Councillor M.
Galloway commented that as a past member, he was aware that these issues were discussed on a
number of occasions at AMO Board meetings and it was his understanding their position is to urge
the Province to move to address these issues.
Mayor C. Zehr asked that the City Clerk draft an appropriate resolution requesting AMO's
involvement in this matter for consideration by Council at a future meeting.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Galloway
"That Clause 1 of the Finance and Corporate Services Committee report (meeting of January
9, 2006) of this date be adopted."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That the report of the Development and Technical Services Committee be adopted."
Councillor C. Weylie referred to Clause 3 of the report regarding an amendment to Council Policy 1-
110 (Heritage Kitchener -Terms of Reference) to make provision for the addition of non-designated
properties of cultural heritage value or interest to be added to a Heritage Register. It was noted that
this matter was deferred and referred to the meeting this date pending further explanation from staff
as to the affect the Provincial Policy Statement on the Planning Act will have on non-designated
properties that are listed on the Heritage Register.
Mr. L. Bensason advised that recent amendments to the Ontario Heritage Act and the Planning Act
provide additional tools to preserve and protect non-designated properties considered to be of cultural
heritage value or interest. The legislation allows the City to add such properties to a Heritage
Register but does not specify the measure of protection afforded. As the properties are not
designated, they would not be subject to a Heritage Alteration Permit. In respect to the Planning Act,
any decision affecting planning matters is required to be consistent with the Provincial Policy
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JANUARY 16, 2006 - 8 - CITY OF KITCHENER
Statement; for example, if a site plan application impacts a property listed on the Heritage Register,
the decision must be consistent with the objective of preservation of the property.
Mayor C. Zehr commented that it would appear the Heritage Register has potential to bear more
weight than designation. He suggested that development of a Heritage Registry and its ramifications
should be discussed further with industry representatives as it may have far reaching implications that
are not yet fully understood.
Mr. L. Bensason requested direction with regard to further discussion at the February 7, 2006
Heritage Kitchener meeting regarding addition to the Heritage Inventory of certain properties located
on the Centre Block. He advised that there was an expectation that Council would make a decision
at this time regarding the creation of a Heritage Registry. Mayor C. Zehr suggested that Mr.
Bensason consult with the City Clerk to review the previous resolution and receive clarification as to
an appropriate process to allow the proposed consultation to proceed and provide an update at the
January 23, 2006 Development & Technical Services Committee meeting as to the process to be
followed.
Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
"That Clause 3 of the Development & Technical Services Committee report of this date be
amended to provide for deferral and referral of this matter to a future meeting, pending
consultation with industry representatives, to be preceded by a report from staff at the January
23, 2006 Development & Technical Services Committee meeting as to the details of the
consultation process."
Carried.
The Development & Technical Services Committee report of this date, as amended, was then voted
on Clause by Clause.
Clause 3 - Carried, as Amended.
Clause 6 - Dealt with under Delegations and
Carried.
Clause 11 - Dealt with under Delegations and
Carried Unanimously, 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."
Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Galloway
"That the report of the Finance and Corporate Service Committee (meeting of December 12,
2005) be adopted."
Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Galloway
"That the report of the Finance and Corporate Service Committee (meeting of January 9, 2006)
be adopted."
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JANUARY 16, 2006 - 9 - CITY OF KITCHENER
Voted on Clause by Clause
Clause 1 - Dealt with under Delegations and
Carried.
Balance of report - Carried.
Moved by Councillor M. Galloway
Seconded by Councillor C. Weylie
"That the report of Heritage Kitchener (meeting of December 6, 2005) be adopted."
Carried.
Mayor C. Zehr advised that Clause 2 of the Heritage Kitchener report (meeting of January 3, 2006)
was redundant as it was dealt with under Clause 3 of the Development & Technical Services
Committee report this date and accordingly, was not voted on.
Moved by Councillor M. Galloway
Seconded by Councillor C. Weylie
"That the report of Heritage Kitchener (meeting of January 3, 2006), as amended, be adopted."
Carried.
At the January 9, 2006 Finance and Corporate Services Committee meeting, Councillor M. Galloway
gave notice that he would introduce a motion regarding the new central library and the Centre Block
property for consideration, as listed under New Business on the Council agenda this date.
The motion by Councillor M. Galloway, seconded by Councillor C. Weylie, was brought forward for
consideration to request that in light of rapidly growing cost estimates for a new central library,
Council re-affirm the City's financial commitment to the project at a maximum of $32.5M.
Questions were raised concerning the intent of the motion. Councillor M. Galloway advised that in
light of information received suggesting the Kitchener Public Library cannot meet its fundraising
targets and there is indication that cost estimates for the project are escalating rapidly, he is asking
Council to re-affirm that the City's contribution to the project will remain at $32.5M.
Mayor C. Zehr stated that it was his understanding the City has committed to an allocation of $32.5M
from the Economic Development Investment Fund (EDIF) but in addition, funding will also be
provided from the sale of the existing library facility. He commented that he was not in favour of
capping the funding allocation at $32.5M at this time and suggested that clarification be received
regarding past decisions of Council prior to making a decision in this regard. He requested that in the
event the motion proceeds this date, paragraph 3 be revised to clarify that the City has not yet
approved construction but rather has allocated funding as part of the Request for Proposals process.
On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, Councillor Galloway's
motion regarding re-affirming the City's financial commitment to the new central library project at
$32.5M, was deferred and referred to the January 30, 2006 Council meeting, pending clarification
from staff as to past decisions of Council regarding the City's financial commitment to date.
Mayor C. Zehr referred to an email received from staff regarding the start time for Committee
meetings on January 23, 2006. He pointed out that the Federal Election is being held the same day
and Council has asked that Committee meetings be completed by 4:00 p.m. Mr. G. Sosnoski advised
that items slated for Committee consideration will require approximately 5 hours and accordingly, it
was agreed the meetings would commence at 10:30 a. m. on Monday, January 23, 2006.
Council agreed to a request of Mr. G. Sosnoski to add two zoning amending by-laws for three
readings this date relative to Clauses 7 & 8 of the Development & Technical Services Committee
report of this date.
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JANUARY 16, 2006 - 10 - CITY OF KITCHENER
Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
"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. 88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon.
(d) 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.
(e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect
to Appointment of Staff.
(f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement.
(g) 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.
(h) Being a by-law to provide for the establishing and laying out of Doon South Drive as a
public highway in the City of Kitchener.
(i) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 29, Registered
Plan 1732 -Zeller Drive.
(j) Being a by-law to exempt certain lots from Part Lot Control -Lot 115, Registered Plan 254,
Fifth Avenue.
(k) Being a by-law to exempt certain lots from Part Lot Control -Lot 27, Registered Plan 1712
- Rauch Court.
(I) Being a by-law to amend Chapter 842 of the City of Kitchener Municipal Code with respect
to hedges, other objects and traffic hazards.
(m) To confirm all actions and proceedings of the Council.
(n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Activa Holdings -Huron Road.
(o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Kieswetter - 1201 Fischer-Hallman Road.
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 C. Weylie as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
COUNCIL MINUTES
JANUARY 16, 2006 - 11 - CITY OF KITCHENER
Moved by Councillor C. Weylie
Seconded by Councillor M. Galloway
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting
of the Committee of the Whole held this date, as attached hereto and forming part of these
minutes are hereby adopted and confirmed."
Carried.
Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
"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. 2006-02)
(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. 2006-03)
(c) 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. 2006-04)
(d) 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. 2006-05)
(e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect
to Appointment of Staff.
(By-law No. 2006-06)
(f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement.
(By-law No. 2006-07)
(g) 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. 2006-08)
(h) Being a by-law to provide for the establishing and laying out of Doon South Drive as a
public highway in the City of Kitchener.
(By-law No. 2006-09)
(i) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 29, Registered
Plan 1732 -Zeller Drive.
(By-law No. 2006-10)
(j) Being a by-law to exempt certain lots from Part Lot Control -Lot 115, Registered Plan 254,
Fifth Avenue.
(By-law No. 2006-11)
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JANUARY 16, 2006 - 12 - CITY OF KITCHENER
(k) Being a by-law to exempt certain lots from Part Lot Control -Lot 27, Registered Plan 1712
- Rauch Court.
(By-law No. 2006-12)
(I) Being a by-law to amend Chapter 842 of the City of Kitchener Municipal Code with respect
to hedges, other objects and traffic hazards.
(m) To confirm all actions and proceedings of the Council.
(By-law No. 2006-13)
(By-law No. 2006-14)
(n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Activa Holdings -Huron Road.
(By-law No. 2006-15)
(o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Kieswetter - 1201 Fischer-Hallman Road.
(By-law No. 2006-16)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 9:30 p.m.
MAYOR CLERK
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JANUARY 16, 2006 - 13 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE -
1. That the Crossing Guard Facility at the intersection of Belmont Avenue and Queen's Boulevard
be eliminated effective January 17, 2006.
2. That on-street parking be permitted for one (1) hour between the hours of 8:00 a. m. to 6:00 p.m.,
Monday to Friday, from April 1St to December 31St, on the east side of College Street from
Ahrens Street to Weber Street West; and further,
That the Uniform Traffic By-law be amended accordingly.
3. That consideration of the following recommendation, contained in Corporate Services
Department report CRPS-06-009 and supported by Development and Technical Services
Department report DTS-05-213, be deferred and referred to a future meeting, pending
consultation with industry representatives; with staff to report to the January 23, 2006
Development & Technical Services Committee meeting as to the details of the proposed
consultation process:
`That Council Policy I-110 (Heritage Kitchener -Terms of Reference) be amended by
repealing clause 4. b), and replacing it with the following:
`4. b) Recommend to City Council non-designated properties of cultural heritage value
or interest to be added to the Heritage Register.'; and,
That Heritage Kitchener review and evaluate the properties on the City's heritage
inventory, as to their cultural heritage value or interest, and recommend to Council
those which aught to be listed as non-designated properties in the Heritage Register;
and further,
That the City's existing heritage inventory become redundant once all properties listed
thereon have been reviewed and evaluated, and a decision has been made as to which
of them will be added to the Heritage Register.'
(As Amended)
4. That the scope of the Strange Street reconstruction be expanded to include the reconstruction
of Elm Street, the diversion of the Cherry Park storm outlet, and more detailed geotechnical
investigation due to the discovery of potential contamination in the Strange Street right-of-way.
5. That a surface parking lot be developed on the Epton lands during the 2006 construction
season, as outlined in the business case attached to Development and Technical Services
Department report DTS-06-001; and,
That the $1.2M cost of developing this surface parking lot be paid from the Economic
Development Investment Fund, with net revenues from the operation of this parking lot being
used to repay the capital developments costs; and further,
That once these parking spaces are occupied by future phases of the University of Waterloo
Campus, any outstanding balance of the capital costs for the development of this surface
parking lot shall be recovered from the University of Waterloo.
6. That the Draft Regional Sign By-law appended to Regional Report E-05-144 and attached to
City of Kitchener report DTS-05-212 be received for information; and,
That the Regional Municipality of Waterloo be requested to review its proposed by-law with the
K-W Homebuilders Association before final approval with special regard to A-frame signs
within the Regional road allowance; and further,
That the City of Kitchener supports, in principle, provisions that may be put in place to control
the number of election signs permitted to be displayed within a fixed geographic area.
(Dealt with under Delegations and Carried)
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JANUARY 16, 2006 - 14 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D)
7. That the recommendations contained in Development and Technical Services Department
report DTS-05-192, dated December 20, 2005, regarding Plan of Subdivision 30T-04205 and
Zone Change Application ZC 04/25/H/BB (591 Huron Road), be approved; subject to the
following change in wording to City of Kitchener condition 6.11:
"The SUBDIVIDER agrees that prior to the registration of the plan, or at the discretion of the
Director of Engineering, the Environmental Assessment be completed to determine the design
requirements for the Flood Control Structure (weir) required for Block 29 (Stage 3), 30T-01201
and be constructed to the satisfaction of the City's Director of Engineering. Alternatively, if the
SUBDIVIDER submits astudy/analysis that demonstrates that an alternative storm water
management scheme is viable without the need for an Environmental Assessment and
construction of the Flood Control Facility (weir), the plan may proceed to registration upon
clearance from the Director of Engineering in consultation with the Grand River Conservation
Authority."
8. That Zone Change Application ZC 05/22/F/DR (1201 Fischer Hallman Road) to change the
zoning from Convenience Commercial Zone (C-1) with Special Use Provision 321U and
Holding Provision 49H to Convenience Commercial Zone (C-1) with Special Use Provision
321 U on lands legally described as Lot 3 Registrars Compiled Plan 1470, municipally known
as 1201 Fischer Hallman Road, in the City of Kitchener, be approved in the form shown in the
"Proposed By-law", dated December 5, 2005, attached to Development and Technical
Services Department report DTS-05-210.
9. That the Preferred Alternative outlined in the "Traffic Calming Environmental Assessment
Greenbrook Drive", dated December 30, 2005, prepared by Paradigm Transportation Solutions
Ltd., be endorsed; and,
That the Class B Environmental Assessment (EA) project file report for the Greenbrook Drive
Traffic Calming Study be filed with the City Clerk for a thirty (30) day public review
commencing January 17, 2006; and,
That the Recommended Plan be installed on a temporary basis in order to monitor the
operation of winter maintenance, to be implemented on a permanent basis as funding permits;
and further,
That prior to any permanent traffic calming measures being installed, staff solicit input from the
residents as to the effectiveness of the temporary measures and the desirability of installing
these measures permanently.
10. That the Staging of Development Report 2006-Post 2007 (DTS-05-200) be approved; and
further,
That at such time as the community plan is sufficiently advanced, any plans of subdivision
which have been submitted for processing on the following lands will be circulated by the City:
• Parcel # 97 - Monarch Corporation,
• Parcel #101 - Grandview Homes, and
• Parcel # 91 - Hallman Construction.
11. That the Mayor and Clerk be authorized to enter into a license agreement with Reaching Our
Outdoor Friends Inc. (ROOF) for the temporary use of 79 Joseph Street (former KOR Gallery)
to operate a youth resource center for four months with a possible extension of eight months
not exceeding December 31, 2006 and subject to the satisfaction of the City Solicitor; and
further,
That temporary occupancy of 79 Joseph Street by ROOF be authorized in accordance with the
terms of the license agreement.
(Dealt with under Delegations and Carried Unanimously, as Amended)
COUNCIL MINUTES
JANUARY 16, 2006 - 15 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE -
1. That the Panathlon Declaration on Ethics in Youth Sport, which represents a commitment to
establish clear rules of conduct in the pursuit of the positive values in youth sport, be
endorsed, as outlined in Community Services Department report CSD-06-006.
2. That Council Policy I-325 (Municipal Alcohol Policy -Special Occasion Permits) be amended
to include Stanley Park Community Centre and Downtown Community Centre as facilities
designated as suitable for Special Occasion Permit Functions and liquor licensed events; and
further,
That Victoria School Centre be removed from Council Policy I-325.
3. That effective January 1, 2006, 400 King Street West operate as a Municipal parking lot and
be named Francis Street lot #5; and,
That monthly parking be offered at a rate of $94.26 plus taxes ($74.26 plus a $20. capital
repayment surcharge) per month, Monday to Saturday; and further,
That By-law 88-169 (Municipal Off-Street Parking Facilities) be amended accordingly.
4. That subject to 2006 capital budget deliberations, the following Leisure Facilities Master Plan
(LFMP) actions in 2006 be approved: Rec. 19, A (Victoria Hills); Rec. 19, B (Chandler Mowat);
Rec. 23, D (woodworking centre); Rec. 25 (sport tourism strategy); Rec. 29, A (Victoria Park
master plan); Rec. 29, B (McLennan Park, Alt. B); and Rec. 29, C (Kiwanis Park master plan);
and,
That subject to 2006 capital budget deliberations, re-allocation of funding currently in the 10-
year capital forecast to a LFMP 2006 envelope of $213,000. be approved, as identified in
Community Services Department report CSD-05-161, in order to commence work on the
following selection of LFMP actions: Rec. 6 (data analysis/collection); Rec. 10 (community
investment strategy/community grants program review); Rec. 13 (use of business case
rationale strategy); Rec. 19, C (Mill Courtland business plan); Rec. 23 (seniors strategy
development); Rec. 30, B (volunteer strategy development) and Rec. 31 (youth services
strategy); and further,
That pausing of the following unfunded LFMP actions in 2006 be approved: Rec. 27,E (Grand
River corridor development); Rec. 28, L (land acquisition/under-serviced areas); Rec. 28, N
(tennis court assess/review); Rec. 27, B (develop unfinished trail linkages); Rec. 28, H
(skateboard facilities); Rec. 33, A (implement Building Condition study); and Rec. 33, B
(Centennial Stadium short term bridging response).
5. That the Kiwanis Park Strategic Plan, as prepared by MacKinnon & Associates and the OMS
Group, be received; and,
That the findings and recommendations of the Kiwanis Park Strategic Plan be approved, in
principle; and,
That the implementation plan outlined in the Kiwanis Park Strategic Plan be further considered
during preparation of the 10 year capital budget forecast; and further,
That the recommendations arising from public meetings held to discuss allowance of dogs in
Kiwanis Park, identified in the Memorandum of Understanding attached to Community
Services Department report CSD-06-001, be accepted and be considered during preparation
of the 10-year capital budget forecast.
COUNCIL MINUTES
JANUARY 16, 2006 - 16 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of December 12, 2005) -
1. That consideration of amending the Capital Forecast 2006 - 2015 by moving the
project Kingsdale Community Centre (#620304007) from 2011 to 2009 be deferred to
January 30, 2006 special Finance and Corporate Services Committee meeting
(Budget Day) to allow time for staff to report on the impact to the Capital Forecast
should the project be moved to 2009.
FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of January 9, 2006) -
1. That the request of the Board of Directors of the Greater Kitchener-Waterloo Chamber of
Commerce, on behalf of the Chamber Health Care Recruitment Council, asking the City of
Kitchener to invest $20,000. in 2006 to the Physicians Recruitment Program ($10,000. for
Family Physicians and $10,000. for Specialist Physicians), be approved; and further,
That an additional $20,000. be approved in each of the subsequent 4 years (2007-2010) for
the Physicians Recruitment Program subject to an annual report to City Council as to the
effectiveness of the program.
(Dealt with under Delegations and Carried)
2. That the following resolution of the Town of Essex, regarding Municipal Liability Insurance be
endorsed:
"WHEREAS municipalities have experienced significant increases in the cost of liability
insurance; and,
WHEREAS a significant factor in the cost of municipal liability insurance relates to The
Negligence Act R.S.O 1990; and,
WHEREAS The Negligence Act R.S.O. 1990 can mandate a municipality to pay 100%
of a loss when in fact they could be as little as 1 % liable; and,
WHEREAS other Provinces have amended The Negligence Act so that only where a
municipality is found to be at least 50% liable would the full claim be paid;
THEREFORE BE IT RESOLVED that the Province of Ontario be requested to amend
The Negligence Act R.S.O. 1990 so that only where a municipality is found to be at
least 50% liable would the full claim be paid; and further,
That this resolution be circulated to the Association of Municipalities of Ontario
(A.M.O)."
3. That staff prepare a by-law to amend Chapter 531 of the Municipal Code (Dog-Kennels-
Breeding-Boarding-Doggie Daycare) to impose a distance separation of 200 metres between
a `Doggie Daycare' and residential properties; and further,
That staff initiate the required public process with respect to the amending by-law.
4. That staff prepare a by-law to amend all applicable Licensing Chapters of the Municipal Code
to change the word "shall" to "may" in Sections 7 of all Schedules 'A' (Business Licence
Procedure); and further,
That staff initiate the required public process with respect to the amending by-law.
COUNCIL MINUTES
JANUARY 16, 2006 - 17 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of January 9, 2006) - (Cont'd)
5. That the request of The Walter Fedy Partnership for an increase in fees for consultant services
related to Expression of Interest E04-073, Consultant Services -Chestnut Street (Frederick
Street to Victoria Street) and Pequegnat Avenue (Frederick Street to Mansion Street),
projected to be $14,677.10 (excl. GST), be approved, to account for additional engineering
costs associated with the analysis and administration required for the identification and
removal of the contaminated material on Chestnut Street and Pequegnat Avenue.
6. That the request of MuirTec Incorporated for an increase in fees for consultant services related
to the rehabilitation of the Wilson Avenue Bridge, projected to be $12,330. (excl. GST), be
approved, to account for increased quality control testing and additional design work.
7. That subject to the Corporate Management Team creating an Administrative Policy Manual,
the existing in-camera protocol (Council Policy I-32) for submitting items for in-camera
discussion be incorporated in the proposed manual as an administrative policy statement; and,
That a statement to remind Council that individual members have an opportunity to question or
debate the appropriateness of a particular item being considered in-camera be placed on the
special Council Agenda; and further,
That Chapter 25 (Council Procedure) of the Municipal Code be amended to require a 2/3
majority vote of Council members present to authorize in-camera discussion.
HERITAGE KITCHENER (Meeting of December 6, 2005) -
1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA
2005-IV-017 (410 King Street West) be approved to permit the removal and replacement of
portions of the western most portico fronting King Street on the 1911 building phase, as well
as repair the portico's concrete steps, subject to the EIFS treatment being applied in such a
manner that it would not adversely affect the original existing building fabric, as displayed in
documentation attached as Appendix `B' to Development and Technical Services
Department report DTS-05-202.
2. That pursuant to Section 33(5) of the Ontario Heritage Act, the time limit for consideration of
Heritage Permit Application HPA 2005-V-018 (787 King Street West, Kitchener Waterloo
Collegiate and Vocational Institute) be extended to March 31, 2006 to permit the applicant
time to present detailed design drawings at the February 7, 2006 Heritage Kitchener
meeting.
HERITAGE KITCHENER (Meeting of January 3, 2006) -
1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-V-
020 (24 Michael Street -Victoria Park HCD) be approved to permit the construction of a
second storey addition over the one storey portion at the rear of the building, subject to the
roof of the addition being slightly higher than the existing peak roof on the main part of the
building, and the vinyl siding on the addition being beige and of the same profile as the existing
vinyl siding.
HERITAGE KITCHENER (Meeting of January 10, 2006) -
1. That consideration of retainment of the remaining 2 phases of the Forsyth Building designated
under the Ontario Heritage Act, being the 1937 Art Deco Addition phase and Smyth
Residence, for incorporation into any future redevelopment that is to occur on the Centre Block
be deferred and referred to a future Council /Committee meeting, pending receipt of a
report from the City's Chief Building Official as to the results of a subsequent engineers report
on the integrity of the remaining 2 phases; and,
COUNCIL MINUTES
JANUARY 16, 2006 - 18 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
HERITAGE KITCHENER (Meeting of January 10, 2006) - (Cont'd)
1. (Cont'd)
That measures be taken during the demolition process to salvage bricks to the equivalent of a
5,000 sq. ft. surface and a selection of wooden elements, (eg. columns and beams), and any
other artifacts discovered considered to be of heritage significance for future re-use, to an
upset limit of $50,000.; and further,
That staff be directed to ensure the continued integrity of the 2 remaining phases of the
Forsyth Building by: making certain that the openings created by the demolition are secured
and boarded up; the fire alarm system is re-installed; and, the interim measures previously
approved by Council are undertaken.
(Dealt with under Delegations and Carried, as amended, on Recorded Votes)
COUNCIL MINUTES
JANUARY 16, 2006 - 19 - 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. Appointment -Compass Kitchener
It was resolved:
"That Tamara McBride and Philip Awere-Gambrah be appointed to Compass Kitchener for
a term to expire November 30, 2006."
2. Doa Desianation Appeal Committee Decision
It was resolved:
"That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Victoria Beeze, wherein the Committee rescinds the designation of Prohibited Dog applied
to `Mercedes', a dog owned by Victoria Beeze, be ratified and confirmed."
3. Various Tenders
Dealt with under Delegations.
