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HomeMy WebLinkAboutCouncil - 2006-09-25COUNCIL MINUTES SEPTEMBER 25, 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 Taylor Jasztrab, King School of Vocal. At the request of Mayor C. Zehr, Council and all those in attendance stood to observe a moment of silence and reflection in memory of Robert Baranowicz, Life Guard, Lyle Hallman Pool. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held September 11, 2006 and special meetings held September 11 & 18, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated September 13, 2006, from Hon. Steve Peters, Minister of Labour, acknowledging receipt of Council's resolution regarding amendments to the Workplace Insurance Safety Act. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mayor C. Zehr advised that Expression of Interest E06-067 (Consultant Services -McLennan Park Implementation Plan), listed as Item 2 ii) on the Committee of the Whole agenda, would be dealt with later this date in conjunction with a related matter listed as Item 6 on the Committee of the Whole agenda, dealing with a lease agreement for use of McLennan Park. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T06-065, Lower Hidden Valley Development Wastewater Pumping Station, be awarded to Finnbilt General Contracting Limited, St. Mary's, Ontario at their tendered price of $731,577.02, including provisional and contingency items of $110,690. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E06-081, Consultant Services -Ahrens Street (Young Street to South End) and Ellen Street West (Queen Street North to Victoria Street North), be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $197,643., including a contingency of $16,951. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Martin Swierczynski attended in support of the Committee of Adjustment decision to approve Fence Variance Application FN 2006-004 (205 Copper Leaf Street), listed as Item 4 i) on the Committee of the Whole agenda this date. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the application of Martin & Klaudia Swierczynski (Submission No. FN 2006-004 - 205 Copper Leaf Street) requesting legalization of a 1.82m (6') high wooden fence located 0.4 m (1.31') from the lot line abutting Max Becker Drive rather than the required 1.5 m (4.9') setback, on Block 7, Registered Plan 58M-172, being Part 93, Reference Plan 58R-12815, 205 Copper Leaf Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall provide additional landscaping on the outside of the fence, satisfactory to the City's Planning Division, to soften the appearance of the fence." Carried. COUNCIL MINUTES SEPTEMBER 25, 2006 - 25$ - CITY OF KITCHENER Ms. J. Hutchison provided an overview of the 2006 Kitchener Communities in Bloom competition, designed to inspire businesses and residents to maintain and beautify their properties. Ms. Hutchison introduced Mr. Paul Britton, MHBC Planning Limited, who announced the winners of the Business Awards Category. Mayor C. Zehr and Councillor G. Lorentz presented the 2006 Business Awards to the winning property owner, designer and maintenance firm as follows: Larre Scale Commercia Business Awards Program • Sunvest Realty Corp., 901 Victoria Street North - Re/Max Twin City Realty Corp., owner, GSP Group (designer) and Ace Landscaping (maintenance firm). Small Scale Commercial • Alcarb Resources, 106 Young Street, owner & maintainer, and Grobe Nurseries (landscaper). Multi-Residential • Doon Village Retirement Residence, 858 Doon Village Road. J. Hutchison then introduced nominees for the 2006 Environmental Award: John Wagner & Jean Church (126 Indian Road); M. Genrich (42 Hillside Drive); Ernie & Judy Ginsler (186 Union Blvd.); Salvatore & Isabella Giovinazzo (10 Greenock Drive); Shelley Groves (96 Rossford Crescent); Ann Hastings (26 Pearwood Court); Victor & Kathleen Kakojejko (106 Stoke Drive); Michael & Elaine LaRonde (56 Southdale Avenue); Dennis Martin (116 College Street); Stacey McCuaig (157 Waterloo Street West); Sharon Nichols (140 Oakhurst Crescent); Maggy Olsen (88 North Drive); Laurel & Brian Pedersen (145 Forest Hill Drive); Donna Querengesser (50 Forest Hill Drive); Marta Rozman (84 Shadywood Crescent); Debi Spencer (63 McGee Avenue); Lorna VanMossel (30 Bonfair Court); Katherine Waybrant (18 Janet Court); D. Wiles (54 Dunsmere Court). Councillor B. Vrbanovic then presented the Environmental Award to the 2006 wi Environmental Award Program • Marta Rozman - 84 Shadywood Crescent Ms. Brenda Gabet, Canada Post, presented a brief overview of the Residential Awards Program and spoke of the involvement of Canada Post letter carriers in seeking nominations for the awards. The awards were then presented by respective Ward Councillors to those in attendance: Residential Awards Program • Harry & Elaine Lehman - 159 Lydia Street • Zygmunt Mlodecki - 10 Inlet Avenue • Diane & Fred Litt - 14 Gracefield Crescent • Debbie & Michael Kohlruss - 95 Shea Crescent • Nora & Ray Imbeau - 724 Rockway Drive • Dieter & Marlis Lipperson - 38 Westwood Crescent Ms. Gabet then called on Mayor C. Zehr and Councillor G. Lorentz to present the award for City Champion. City Champion -Residential • Nora & Ray Imbeau - 724 Rockway Drive The Letter Carrier Award was presented to Dianne Trussler representing all Canada Post letter carriers who contributed to the residential awards selection process. COUNCIL MINUTES SEPTEMBER 25, 2006 - 259 - CITY OF KITCHENER Mr. Leon Bensason, Heritage Planner, announced the recipients of the 2006 Mike Wagner Heritage Awards for Outstanding Achievement in recognition of properties at 35 Weber Street West and 120 Duke Street West; and, an Award of Merit in recognition of the property at 350 Doon Valley Drive. Mr. Bensason advised that the awards recognize those who have contributed to the conservation of Kitchener's heritage. Mayor C. Zehr and Councillor M. Galloway then presented the following awards: Mike Wagner Heritage Award -Award of Merit • 350 Doon Valley Drive Owners: Mill Clubhouse Architect: Jonathan Weizel Mike Wagner Heritage Award -Outstanding Achievement • 35 Weber Sfreef Wesf Owners: Waterloo Region Catholic Education Centre / City of Kitchener Downtown Community Centre Contractor: Walter Fedy Partnership • 120 Duke Sfreef Wesf Owners: Wilfrid Laurier University Lyle S. Hallman Faculty of Social Work Contractor: Ball Construction Architect: Cianfrone, Architect Mayor C. Zehr recognized Mrs. Pat Wagner, spouse of former Councillor Mike Wagner, for whom the Award is named, and extended congratulations on behalf of Council to the 2006 recipients. Mr. Brian Page then gave an overview of the 2006 Urban Design Awards, given in recognition of industry leaders who exemplify a commitment to excellence and create a building environment that enhances the quality of life. Mayor C. Zehr and Councillor C. Weylie presented the awards to the following recipients: Award of Excellence • Lancaster/Frederick Office Building - 209 Frederick Street Award of Merit • ACL Steel - 2255 Shirley Drive • Betzner Brownstones - 555 King Street E. • Casey's Bar & Grill - 1440 Ottawa Street S. • Home Hardware - 1187 Fischer-Hallman Rd • Deloitte Office - 4278 King Street E. Nomination Award • MTE Consultants Incorporated - 520 Bingeman's Centre Drive • Victoria Village Plaza - 901 Victoria Street N. • Waterloo Catholic District School Board/Downtown Community Centre - 35 Weber Street W. • K-W Counselling Centre - 481 Charles Street • XCG Corporate Office - 820 Trillium Drive • Doon Village Retirement Home - 868 Doon Village Drive Mr. Bruce MacNeil, Vice-President, Kitchener Horticultural Society (KHS), presented an update on programming and activities related to the organization's stewardship of Rockway Gardens. He advised that 2007 will mark the 135th Anniversary of KHS who has maintained and operated Rockway Gardens for the City over the past 79 years. He spoke of accomplishments and economies that have been realized by this partnership arrangement, most recently having achieved an agreement with MTD Products Limited for provision of newer, quality equipment in return for photography rights to the gardens for purpose of advertising. The existing equipment will be sold and the proceeds re-invested in a special fund as a reserve for future equipment needs. Mr. MacNeil thanked members and staff of KHS, as well as Community Services staff and the many volunteers who have contributed to the accomplishments of the Society in its stewardship of the Rockway Gardens. COUNCIL MINUTES SEPTEMBER 25, 2006 - 260 - CITY OF KITCHENER Mr. Brian Burnley, Chair, Kitchener Public Library Board (KPL), presented the KPL Annual Report and Strategic Plan (2006-2008). It was noted that October is Canadian Library Month and Ontario Public Library Week celebrations will be held October 16-22, 2006 to highlight how libraries enhance the quality of life for residents in their communities. Key achievements and future plans of KPL were highlighted, focusing on provision of library services to meet the needs of the community, raise awareness, manage resources and foster partnerships. Mr. Burnley asked for continued support of Council in growing to meet changing needs and gave assurances that KPL will remain a vital community asset. Mr. Bob McColl, representing the Pinegrove Neighbourhood Association, spoke in support of Clause 2 of the Development and Technical Services Committee report, dealing with rezoning application ZC 06/13/S/CB (100 Sportsworld Drive / 4278 and 4376 King Street East). Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 2 of the Development and Technical Services Committee report of this date be adopted." Carried. Council was in receipt of Development and Technical Services Department report DTS-06-148 (J. Willmer), addendum to report DTS-06-138, dated September 25, 2006, relative to Clause 4 of the Development and Technical Services Committee report, dealing with Zone Change Application ZC 06/10/K/JB (501 Krug Street) to allow a commercial bingo centre. Councillor M. Galloway disclosed a pecuniary interest and abstained from all discussion and voting concerning this matter as he is associated with an organization that derives revenues from bingos. Mayor C. Zehr advised that revised wording for Clause 4 of the Development and Technical Services Committee report was circulated this date so as to clarify hours of operation and conditions of approval. Mr. Bill Pegg, K-W Charities Bingo Committee, attended in support of Clause 4, advising that he was satisfied with the revised recommendation and acknowledged that operation of the commercial bingo centre could not proceed until such time as the process of adopting a by-law to affect the zone change is completed. Bill and Gloria Bowman, area residents, spoke in opposition to Clause 4, stating that the proposed use is incompatible with the neighbourhood and does not meet the intent of the City's Municipal Plan designation. Mr. Bowman noted that out of 37 area resident responses, only 4 had no concerns and expressed the opinion that the applicant is interested only in increasing its share of bingo revenues. He asked that the application be refused as recommended by City staff. In response to questions, Mr. Bowman indicated that other area residents, not in attendance this date, have likely made assumptions their presence is not required based on the recommendation to refuse the application contained in the staff report. He suggested that the majority of area residents remain opposed to the application. Mr. Bowman added that he was opposed to the hours of operation, which suggest the centre would be allowed to remain open until midnight. Councillor J. Smola advised that he had contacted 33 of the 37 area residents to discuss concerns related to traffic, parking and the permitted use, and to advise of the meeting dates and times for consideration of this matter. He noted that the property has been vacant for 2 ~/2 years and in considering the application concerns must be weighed against potential benefits for the neighbourhood. He stated that he was satisfied that K-W Charities Bingo is addressing the concerns raised and all parties are capable of working together to achieve a successful outcome. Councillor Smola added that the organization has given assurance the centre would cease operation by 10:45 p.m. as opposed to midnight to accommodate patrons who use public transit; however, he suggested that the hours of operation could be revisited at the time this matter comes forward again to consider adoption of the zoning amending by-law. Mr. J. Willmer responded to questions related to the notification process, advising that the staff report circulated to area residents prior to the Development and Technical Services Committee meeting COUNCIL MINUTES SEPTEMBER 25, 2006 - 261 - CITY OF KITCHENER explains that the recommendation contained therein should not be relied upon as it is City Council who will make the final decision. He added that under normal circumstances no further notification would be received by area residents until Notice of Passing of the zoning amending by-law is given. Mr. Willmer agreed to provide notice to Mr. Bowman as to when the zoning amending by-law would be considered by Council. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 4 of the Development and Technical Services Committee report of this date be adopted, as amended, to provide clarification as to hours of operation and conditions of approval for Zone Change Application ZC 06/10/K/JB (1291105 Ontario Limited, 501 Krug Street)." Carried. Mr. Bob McColl, representing the Pinegrove Neighbourhood Association, attended in regard to Item 4 ii) of the Committee of the Whole agenda, relative to a decision of the Committee of Adjustment to approve Sign Variance Application SG 2006-013 (Leather by Mann, 4553 King Street East) to permit electronic LED display on a portion of a pylon sign to be located within the 150m distance separation from a residential zone. Mr. McColl advised that the sign will directly impact four residential properties and will set precedent for six other businesses within the 150m distance. He noted that at the Committee of Adjustment meeting, the applicant indicated that they would be prepared to ensure the lighted portion of the sign is turned off at store closing. Mr. McColl requested Council to consider adding provision for the sign to be turned off at 9:00 p.m. each evening as a condition of approval. Mr. J. Willmer commented on the rationale for the distance separation as it relates to LED lighting and changing copy text, noting that in this instance the sign is small, low to the ground and positioned at the front of the building so as to minimize impact to residential properties. He pointed out that the sign will be further restricted by the conditions imposed by the Committee of Adjustment; however, Council has discretion to add any conditions deemed appropriate. Mr. Willmer added that issues pertaining to this type of signage are being further considered as part of staff's review of the Sign By- law and a report is anticipated to come forward early in 2007. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the application of Leather By Mann of Canada (Submission No. SG 2006-013 - 4553 King Street East) requesting permission to have electronic display on a portion of a pylon sign, where the sign is located 34m (111.54`) from the closest Residential zone rather than the required 150m (492.12`), on Parts 1 & 2, Reference Plan 58R-10048, 4553 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the LED portion of the sign is limited to the area and height as generally shown on the applicant's plan. 2. That the owner work with City staff to determine an appropriate lighting intensity for the sign, given the adjacent residential use. 3. That the owner shall plant coniferous trees on this property, between the building and old King Street for screening of adjacent residential properties; and further, That prior to doing this planting, the owner shall receive approval of a landscaping plan showing the size, type, and location of these coniferous trees from the City's Director of Planning." Carried. Mayor C. Zehr noted that representatives of Minor Hockey were in attendance this date in support of Clause 3 of the Community Services Committee report, dealing with the tabling of the Hanson Avenue Twin Pad Arena Business Case and direction to be taken to move this project forward. COUNCIL MINUTES SEPTEMBER 25, 2006 - 262 - CITY OF KITCHENER Councillors G. Lorentz and B. Vrbanovic spoke in support of the Twin Pad project, commenting on aspects still under consideration regarding inclusion of a walking track and pursuit of either an LEED Silver or LEED Gold Certification. Councillor J. Gazzola also spoke in support of the project, commenting on the importance of continuing to look for partnership funding to maintain estimated project costs. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Clause 3 of the Community Services Committee report of this date be adopted." Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause Clause 2 - Dealt with under Delegations and Carried. Clause 4 - Dealt with under Delegations and Carried, as Amended. Record Pecuniary Interest and Abstention: Clause 4 - Councillor M. Galloway as he is associated with an organization that derives revenues from bingos. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. Clause 3 -Dealt with under Delegations and Carried Unanimously. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Carried. At the request of Councillor G. Lorentz, Mayor C. Zehr agreed to undertake discussions with representatives of Canada Post Corporation concerning their continued sponsorship of the Kitchener Communities in Bloom program. COUNCIL MINUTES SEPTEMBER 25, 2006 - 263 - CITY OF KITCHENER Councillor J. Gazzola raised concerns with regard to the process for lodging noise complaints as it relates to ongoing disturbances created by a small percentage of post-secondary students in neighbourhoods adjacent to Conestoga College. He noted that residents are confused by the process as they are required to contact Waterloo Regional Police to lodge a complaint but the call is dispatched to By-law Enforcement to respond. He advised that a meeting with all interested parties will take place on October 3, 2006 and suggested that given the City's direction toward aknowledge- based community in the Downtown, this type of problem is likely to increase and Council needs to take a leadership role in providing solutions to deal with such matters. Mayor C. Zehr acknowledged the seriousness of the issues raised by Councillor Gazzola, asking that Mr. R. Browning, Acting CAO, discuss this matter at the next Corporate Management Team meeting and report to a future Community Services Committee meeting on options for a new approach. Councillor J. Gazzola requested an update on discussions with the University of Waterloo relative to their School of Pharmacy project as it relates to Council Policy I-650 (Percent for Art); wherein the City is to encourage new commercial and institutional construction valued at over $1 M to allocate 1 percent of the construction budget for provision of public art. Ms. A. Pappert advised that the intent of the Policy was to provide for an allocation of art in large construction projects primarily designed for general public use. In regard to the School of Pharmacy, the Policy was reviewed by the Public Arts Working Group and found not to apply as written because the structure will be semi-private, with areas solely for use by school officials and students. She added that the University has had dialogue with City staff in regard to using quality construction materials and improving aesthetics through design, and is open to discussing the inclusion of public art in Phase 2 of the project. Ms. Pappert suggested that a review of the Policy as written should be undertaken to ensure it meets the desired intent and could be included as part of staff's discussions surrounding development of a Public Art Master Plan. Council considered this date Development and Technical Services Department report DTS-06-143 (J. McBride), dated September 21, 2006, concerning a review of existing traffic conditions on Glasgow Street, from Highland Road to University Avenue, in response to area resident concerns. Councillor C. Weylie commented that staff have advised that in order to implement any type of traffic calming as requested by area residents, an Environmental Assessment (EA) is required and would take approximately 8-9 months to complete. She noted that staff is of the opinion that it would be premature to undertake an EA at this time given substantial changes in traffic patterns are expected in the near term with the opening of Ira Needles Boulevard. Councillor G. Lorentz referred to the second paragraph of the staff recommendation raising concerns in regard to the ability of the Waterloo Regional Police (WRP) to carry out speed enforcement on a regular basis. Mr. Ken Carmichael, Supervisor of Traffic & Parking Services, commented that the intent is to make a general request to WRP for monitoring of the area and report back to City staff. Councillor Lorentz expressed the opinion that the Region's police complement is insufficient to address serious problems, such as speed enforcement and suggested that there is a need for Regional Council to give serious thought when considering the next WRP budget. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That no action be taken on the request to lower the speed limit on Glasgow Street between Highland Road and West Hill Drive from 50km/h to 40km/h; and, That the Waterloo Regional Police Services be requested to undertake speed enforcement on a regular basis; and further, That traffic conditions on Glasgow Street be reviewed upon completion of Ira Needles Boulevard." Carried. NOTICE OF MOTION Councillor B. Vrbanovic gave notice that he would introduce a motion for consideration at the October 2, 2006 special Council meeting, to formally express displeasure to Toronto City Council with respect COUNCIL MINUTES SEPTEMBER 25, 2006 - 264 - CITY OF KITCHENER to their recent decision to purchase a private dump site to allow continued transport of Toronto garbage outside its geographical boundaries. Mayor C. Zehr commented on Regional issues, advising that the Regional Planning & Works Committee will be recommending to Regional Council that no action be taken regarding the request for the installation of traffic control signals at the intersection of Regional Road 6 (Highland Road and Glasgow Street) pending completion of a review of the Traffic Light Warrant for the intersection by June 2008. He added that he had requested additional signage be placed on Trussler Road in order to redirect traffic and Regional staff have advised that two education signs are being purchased for the opening of Ira Needles Boulevard to which additional information could be added to indicate it is the preferred route. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date. The first two by-laws relate to planning approvals given on August 28, 2006 for Plan of Subdivision 30T-86035 (Drewlo Holdings -Fallowfield Drive), to adopt Municipal Plan Amendment No. 65 (MP 02/03/C/BS) and a zoning amending by-law (ZC 02/04/C/BS); and the third by-law being a zoning amending by-law relative to Clause 2 of the Development and Technical Services Committee report of this date (ZC 06/13/S/CB - 100 Sportsworld Drive / 4278 and 4336 King Street East). Moved by Councillor M. Galloway 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. 88-172, 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 exempt certain lots from Part Lot Control -Block 111, Registered Plan 58M-226 and Part of Blocks 1 and 3, Registered Plan 58M-295 - Woodsmere Drive and Doon South Drive. (e) Being a by-law to exempt certain lots from Part Lot Control -Blocks 4 to 31 inclusive, Registered Plan 58M-394 Upper Mercer Street and Lower Mercer Street. (f) Being a by-law to exempt certain lots from Part Lot Control -Part Block 95, Registered Plan 58M-226 -Chestnut Hill Crescent. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to adopt Municipal Plan Amendment 65 to the City Municipal Plan - Fallowfield Drive. (i) Being a by-law to amend Zoning By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Drewlo Holdings Inc. -Fallowfield Drive. (j) Being a by-law to amend Zoning By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -GPM Managed Investments Inc. -Sportsworld Drive and King 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 Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. COUNCIL MINUTES SEPTEMBER 25, 2006 - 265 - CITY OF KITCHENER On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor M. Galloway 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. tBy-law No. 2006-183) (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. tBy-law No. 2006-184) (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. tBy-law No. 2006-185) (d) Being a by-law to exempt certain lots from Part Lot Control -Block 111, Registered Plan 58M-226 and Part of Blocks 1 and 3, Registered Plan 58M-295 - Woodsmere Drive and Doon South Drive. tBy-law No. 2006-186) (e) Being a by-law to exempt certain lots from Part Lot Control -Blocks 4 to 31 inclusive, Registered Plan 58M-394 Upper Mercer Street and Lower Mercer Street. tBy-law No. 2006-187) (f) Being a by-law to exempt certain lots from Part Lot Control -Part Block 95, Registered Plan 58M-226 -Chestnut Hill Crescent. (g) To confirm all actions and proceedings of the Council. tBy-law No. 2006-188) tBy-law No. 2006-189) (h) Being a by-law to adopt Municipal Plan Amendment 65 to the City Municipal Plan - Fallowfield Drive. tBy-law No. 2006-190) (i) Being a by-law to amend Zoning By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Drewlo Holdings Inc. - Fallowfield Drive. tBy-law No. 2006-191) COUNCIL MINUTES SEPTEMBER 25, 2006 - 266 - CITY OF KITCHENER (j) Being a by-law to amend Zoning By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -GPM Managed Investments Inc. - Sportsworld Drive and King Street East. tBy-law No. 2006-192) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 9:45 p.m. Carried. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 25, 2006 - 267 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Council Policy Resolution (Policy Number I-1075 Part Lot Control Exemption By-laws), Policy Content No. 2 be deleted and replaced with the following: "2. That under authority granted to municipalities in accordance to Section 50 (7.1) of the Planning Act, RSO, 1990, c P13 as amended, the expiration time of the By-law exempting undeveloped residential lots or blocks within a registered plan of subdivision from Part Lot Control is set at two years from the date of enactment of said By-law by City Council There shall be no expiration date for By-laws exempting lots which are developed on the date the by-law is passed. Developed lots shall be defined as lots that have services in place, have a building permit issued for the main building, and have the foundation in place." 2. That Zone Change Application ZC06/13/S/CB for the purpose of changing the zoning from: a. Arterial Commercial Zone (C-6) with Special Use Provision 6U to Commercial Campus Zone (C-8) with Special Regulation Provision 449R on lands legally described as Beasley's Broken Front Concessions Part of Lots 8 and 9 (100 Sportsworld Drive); and, b. Arterial Commercial Zone (C-6) to Commercial Campus Zone (C-8) with a Special Regulation Provision 449R on lands legally described as Beasley's Broken Front Concessions Part of Lots 8 and 9 (4278 King Street East and 4336 King Street East); be approved in the form shown in the `proposed bylaw', dated September 16, 2006 attached to the memorandum from Cory Bluhm, Planner, dated September 18, 2006. (Dealt with under Delegations and Carried.) 3. That Planning staff undertake a review of current residential zoning in the Old Westmount neighbourhood, bounded by Glasgow Street, Westmount Golf Club, the City of Waterloo boundary, and the limit of commercial zoning on Belmont Avenue, and report to Council identifying where the current zoning provides opportunities for creation of new lots by severance, in order to identify situations where zoning may need to be amended to discourage such severances. 4. That Zone Change Application ZC 06/10/K/JB (1291105 Ontario Ltd.) for the purpose of changing the zoning from Neighbourhood Shopping Centre Zone (C-2) to Neighbourhood Shopping Centre Zone (C-2) with a special use provision to allow a commercial bingo centre on lands legally described as Registered Plan 927, Lots 1 to 9 including Lots 22 to 31 and Part of Lots 10 and 21 (501 Krug Street) in the City of Kitchener be approved; subject to the following: 1. that the traffic analysis for 501 Krug Street be completed and presented to Council for consideration; and, 2. that Planning staff present a report to Council outlining how the proposed zoning to permit this bingo hall can be limited to this user only. -and- That the Manager of Licensing be directed to restrict the hours of operation for a Bingo Hall at 501 Krug Street from 9 a.m. to 12 midnight as a condition of obtaining, continuing to hold or renewing a Public Hall licence as authorized under Section 150(8)(e)(ii) of the Municipal Act, as amended. (Dealt with under Delegations and Carried, as Amended.) COUNCIL MINUTES SEPTEMBER 25, 2006 - 26$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That aone-time grant in the amount of $1000. ($500. cash, $500. in-kind services to include: transportation of topsoil and sod stripping), be approved to the Old Court Community Garden Group to assist with start-up costs for the Old Court Community Garden; and further, That the Mayor and Clerk be authorized to execute any and all necessary agreements with the Old Court Community Garden Group, satisfactory to the City Solicitor, to permit the Old Court Community Garden to be located on public lands known as the Old Carriage Court Cul-de-sac bulb. 2. That the Event Partnership Agreement template, as attached to Community Services Department report CSD-06-098, be approved; and further, That the Manager of Special Events be authorized to execute the pre-approved Event Partnership Agreements, subject to the approval of the City Solicitor. 3. That the Hanson Avenue Twin Pad Arena business case, as attached to Community Services Department report CSD-06-097, be tabled; and, That PBK Architects be instructed to complete detailed construction drawings for a Twin Pad Arena on the Hanson Avenue site based on Option 3, as outlined in report CSD-06-097, at an additional architectural budget of $85,000. with all other options to be retained for further consideration pending the fundraising review; and, That staff obtain the necessary site plan approvals and proceed to grading the Hanson Avenue site at a budget of $500,000.; and, That the sports partners, Kitchener Minor Hockey Association (KMHA) and Waterloo Region Boxing Academy (WRBA), undertake to qualify the fundraising capacity of the community and develop a fundraising plan with a goal of off-setting the additional incremental costs associated with the amenities over and above those outlined in the original business case and that such fundraising plan be subject to the approval of Council; and, That staff report back in January, 2007 with a comparison between pursuing a LEED Gold Certification (Leadership in Energy and Environmental Design) versus a LEED Silver Certification; and an outline of the results of the community fundraising capacity analysis and fundraising plan, along with a final recommendation on which option should proceed to construction; and further, That staff proceed with the Environmental Assessment for the proposed extension of Hanson Avenue to run south toward Block Line Road. (Dealt with under Delegations and Carried, Unanimously.) FINANCE AND CORPORATE SERVICES COMMITTEE 1. That staff prepare the required by-laws to amend Chapters: 500 (General Provisions -Issue of Licences); 501 (Business Licence Fees); and, 502 (Adult Entertainment Parlours) of the Municipal Code to change the title "Deputy City Clerk" to "City Clerk"; and further, That staff initiate the required public process with respect to the amending by-laws. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Shawn Cooper for album release events to be held at the Victoria Park Pavilion on October 20, November 17 and December 8, 2006, between the hours of 7:00 PM and 10:00 PM. COUNCIL MINUTES SEPTEMBER 25, 2006 - 269 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K-W Oktoberfest Inc. for a series of events being held at various clubs between October 6th and October 14th, 2006, as outlined in the letter from K-W Oktoberfest Inc., dated August 2, 2006, attached to Corporate Services Department report CRPS-06-143, with the exception of the event being held at the Kitchener Memorial Auditorium Complex on October 12, 2006. 4. That staff prepare a by-law to repeal Chapter 539 of the Municipal Code (Electrical Contractor - Master Electrician); and further, That staff initiate the required public process with respect to the repealing by-law. 5. That staff prepare a by-law to amend Chapter 578 of the Municipal Code (Plumbing Contractor-Master Plumber-Journeyman Plumber) to remove the requirement of writing and passing an exam to obtain a municipal licence; and further, That staff initiate the required public process with respect to the amending by-law. 6. That staff prepare a by-law to amend Chapter 533 of the Municipal Code (Drain Layers) to add a definition fora "Master Drain Layer"; and further, That staff initiate the required public process with respect to the amending by-law. 7. That staff report to the December 11, 2006 Finance & Corporate Services Committee meeting on the principle of providing benefits to employees aged 65 and over based on the premise that such employees shall be in the same position of coverage as at prior to age 65; and further, That any recommendation arising from the Committee concerning this matter shall be considered at the special Council meeting to be held the same date. HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-IV-010 (20 Greenbrook Drive) be approved, to permit the construction of an addition to the west side of the existing 1990 building and to undertake alterations to the existing 1912, 1930, 1960, and 1990 buildings; and further, That if possible the replacement window glazing for the 1960's addition be made to match the existing window glazing rather than that of the 1990's addition. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-V-011 (561 Queen Street South) be approved, to permit alterations to the front porch of the existing building. 3. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-IV-012 (122 Frederick Street, The Registry Theatre) be approved, to permit the following, subject to the architect investigating further alternatives for the salvaging of the exterior of the original bronze door and discussing these alternatives with the City's Heritage Planner for possible implementation: • removal of existing painted metal window frames and glazing and replace with new painted aluminum window frames with sealed insulated glazing units, with the new frame colour to match original; • installation of an operable vent on the front elevation in the same location as per original design based on working drawings dated August 1, 1938; COUNCIL MINUTES SEPTEMBER 25, 2006 - 270 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 3. (Cont'd) • removal of existing metal security grating and undertake masonry patching as a means of returning the facades to their original design intent; • subject to a determination of a lack of possible salvaging alternatives, replacement of original bronze cladded main entrance doors, with new bronze cladded doors; and, • reinstallation of new floor closer and re-use of the original pulls /finishing hardware, and the repair of the decorative cladding above door as required. COUNCIL MINUTES SEPTEMBER 25, 2006 - 271 - 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. Execution of Engineering Agreement -Grand River South 1 and 2 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 MTE Consultants Inc., regarding Grand River South 1 and 2 - Stage 1, Draft Plan #30T-97012 and 30T-97013 (58M-364 and 58M-369)." 2. Various Tenders Dealt with under Delegations, except Item 2 ii) Expression of Interest E06-067 (Consultant Services -McLennan Park Implementation Plan), which was dealt with in conjunction with Item 6 below dealing with a lease agreement for use of McLennan Park. 3. Social Gaming Event - St. Marv's General Hospital Volunteer Association Council considered Corporate Services Department report CRPS-06-145 (R. Gosse), dated September 20, 2006. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to St. Mary's General Hospital Volunteer Association to conduct a Social Gaming Event in the City Hall Rotunda, 200 King Street West, Kitchener on November 23, 2006." 4. Committee of Adiustment Decisions -Various Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held September 12, 2006. It is noted that the items listed as 4 i) and ii) respecting Fence Variance Application FN 2006-004 (205 Copper Leaf Street) and Sign Variance Application SG 2006-013 (4553 King Street East), respectively, were dealt with under Delegations. It was resolved: "That the application of Huron Heights Secondary School (Submission No. SG 2006-015 - 1825 Strasburg Road) requesting permission to locate 3 signs (2 ground signs and 1 fascia sign) on a property in an Institutional Zone, for anon-residential use, rather than the 2 permitted signs, and permission for one of the ground signs to be located 2.87m (9.41') from the lot line along Strasburg Road rather than the required 3m (9.84'), Part Lot 11, Biehn's Tract, being Parts 6, 13 & 14, Reference Plan 58R-12807 and Parts 1-4, Reference Plan 58R-14985, 1825 Strasburg Road, Kitchener, Ontario, BE APPROVED." COUNCIL MINUTES SEPTEMBER 25, 2006 - 272 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Applications for Cancellation, Refund, Reduction or Levv of Taxes Council considered Financial Services Department report FIN-06-028 (P. Houston), dated September 14, 2006. It was resolved: "That the applications to City Council for cancellation, reduction, refund or levy of taxes, totaling $240,479.44, as attached to Financial Services Department report FIN-06-028, be approved, pursuant to Section 357 of the Municipal Act." 6. a) Lease Agreement -Region of Waterloo -McLennan Park Council considered Community Services Department report CSD-06-083 (D. Ritz / F. McCrea), dated June 12, 2006. It was resolved: "That the Mayor and Clerk be authorized to execute a lease agreement and any related documentation, for the surface rights of the lands known as McLennan Park (formerly a Kitchener municipal landfill site), near the corner of Ottawa Street South and Strasburg Road, fronting on Ottawa Street South and extending to Blackhorne Drive, with the Regional Municipality of Waterloo, for a term of forty- nine (49) years, on terms and conditions satisfactory to the City Solicitor." b) Expression of Interest E06-067 -Consultant Services -McLennan Park Implementation Plan Council considered memoranda from L. Gordon, Director of Purchasing, dated September 19, 2006, concerning awarding of an Expression of Interest relative to McLennan Park. It was resolved: "That Expression of Interest E06-067, Consultant Services -McLennan Park Implementation Plan, be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $154,638.10, including disbursements of $13,000. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor."