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HomeMy WebLinkAboutCouncil - 2006-10-30COUNCIL MINUTES OCTOBER 30, 2006 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor M. Galloway. The meeting began with the singing of "O Canada" by Erika and Sarah Stein, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held October 16, 2006 and special meeting held October 23, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated October 11, 2006, from Hon. James Flaherty, Minister of Finance, acknowledging receipt of Council's resolution regarding petroleum product prices and federal taxes. 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 Proposal P06-056, Electrical Supplies and Related Materials & Services, be awarded to Gerrie Electric Wholesale Limited, Kitchener, Ontario at their adjusted proposed price of $369,684.44, including P.S.T and G.S.T." -and- "That Expression of Interest E06-038, Consultant Services -Accessibility Audit (City of Kitchener portion), be awarded to The Herrington Group Ltd., St. Catharines, Ontario at their fee of $38,569.16, including G.S.T., based on a satisfactory contract being negotiated." -and- "That Tender T06-090, Guelph Street Park -Community Restoration Project (Clifton Road), be awarded to J. Weber Contracting Limited, Breslau at their tendered price of $518,518., including provisional and contingency items of $7,680. 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 Tender T06-087, Voisin Greenway Rehabilitation, be awarded to 560789 Ontario Limited, ola R & M Construction, Acton, Ontario at their tendered price of $107,812.60, including provisional items and contingency of $42,610. 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 Quotation Q06-039, Street Lighting Luminaires, be awarded to Gerrie Electric Wholesale Limited, Kitchener at their quoted price of $54,090.72, including G.S.T. and P.S.T." -and- "That Tender T06-088, Stonegate Watercourse Restoration Project, be awarded to Network Site Services Ltd., Cambridge, Ontario at their corrected tendered price of $428,911.17, including miscellaneous, provisional items and contingency of $75,983.90 and G.S.T.; and further, COUNCIL MINUTES OCTOBER 30, 2006 - 299 - CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. John Chomas and Gail Dragutinovic attended in support of Item B.4 i) on the Committee of the Whole agenda concerning a decision of the Committee of Adjustment to approve Fence Variance Application FN 2006-005 (901 Copper Leaf Crescent). Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the application of John Choma & Gail Dragutinovic (Submission No. FN 2006-005 - 901 Copper Leaf Crescent) requesting legalization of an existing 1.82m (6') high wooden fence located 0.66 m (2.1') from the lot line abutting Max Becker Drive rather than the required 1.5 m (4.9'), on Part Block 10, Registered Plan 58M-172, being Part 47, Reference Plan 58R-12815, 901 Copper Leaf Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply to the existing fence only, as shown on the plans submitted with this application. 2. 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 12 months of the year." Carried. Mr. Bob Verdun spoke in opposition to a decision of area municipalities to donate public funds to assist the Kitchener-Waterloo Symphony in raising monies to address its current financial crisis. Mr. Verdun suggested that the Symphony has means to address their financial crisis without public funds and called for removal of the current Board. Mayor C. Zehr advised that the Symphony has announced it has successfully raised $2.3M and will continue operating, adding that the City having made a decision to contribute, did so conditional on provision of a sound business plan to demonstrate a sustainable future for the orchestra. Mr. Alan McClelland spoke on behalf of area residents concerning Clause 9 of the Development and Technical Services Committee report, dealing with a Heritage Conservation District Study for the Civic Centre Neighbourhood. Mr. McClelland requested that 105, 107 and 111 Water Street North be excluded from the geographic area of the Heritage Conservation District Study as the owners' are of the opinion they have no historical value and would not contribute in any meaningful way to the proposed district. He added that inclusion of these properties could potentially hinder their resale and / or future development. Councillor J. Smola advised the delegation that Clause 9 of the report deals only with acceptance of the consultant's findings and recommendations for the Heritage Conservation District, and a plan must now be prepared for consideration of Council. He suggested that at the time the plan is considered a decision could be made as to whether or not to include or exclude these properties. Mr. J. Willmer, Director of Planning, added that the plan will come forward for consideration in the Spring of 2007. Mayor C. Zehr requested that Mr. Leon Bensason, Heritage Planner, speak with Mr. McClelland to clarify the next steps in the process. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 9 of the Development and Technical Services Committee report of this date be adopted." Carried. COUNCIL MINUTES OCTOBER 30, 2006 - 300 - CITY OF KITCHENER Ms. Kristan Barisdale, GSP Group, attended in support of Clause 6 of the Development and Technical Services Committee report, dealing with approval of Zone Change Application ZC 05/17/D/BB (Lotco Limited). Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 6 of the Development and Technical Services Committee report of this date be adopted." Carried. Mayor C. Zehr advised that a number of individuals were in attendance this date in regard to Council's resolution of September 25, 2006 approving Zone Change Application ZC 06/10/K/JB (1291105 Ontario Ltd -Krug Street), to allow a commercial bingo centre to locate at 501 Krug Street. He stated that while this matter was not listed on the agenda for consideration this date, it is Council's practice to hear all delegations. Mayor Zehr noted that Council's approval was subject to completion of a traffic analysis and staff report outlining how the proposed zoning could be limited only to the proponents in the application. Mayor Zehr advised that the review of the traffic analysis was not yet complete and Council has committed to giving one week's notice to interested parties, prior to the by-law to effect the rezoning being considered. Mayor Zehr acknowledged receipt this date of two petitions, submitted by Mr. Bill Kieswetter and Mr. Bill Pegg, signed by individuals in support of the rezoning application; as well as, numerous letters submitted by individuals in attendance this date opposed to the application. Councillor J. Smola advised that he had circulated to Council this date a package of information containing a notice written by Mr. Bill Bowman to area residents requesting their attendance at the Council meeting this date; the addresses of the signators to the petition submitted by Mr. Bowman at the October 16, 2006 Council meeting, and notated as to those individuals who had contacted him to express their opposition to the rezoning; a list of individuals who either read Mr. Bowman's notice or news articles concerning this matter, expressing their opposition; and a copy of a petition in opposition from Camden Place residents. Prior to hearing delegations, Mr. J. Willmer, Director of Planning, responded to a number of questions advising of the following: • the site is zoned C-2 Neighbourhood Shopping Centre Zone which permits a range of commercial uses designed to serve the day to day shopping needs of the neighbourhood - eg. retail, restaurants, bars, doctors offices, etc.; but does not include commercial recreation / entertainment uses, such as a bingo hall; • a courtesy notice of a public open house held by the applicant was given to property owners within 120 m of the subject property; the legal notice under the Planning Act was done at least 20 days prior to the September 18 Development &Technical Services Committee meeting; • other potential locations for a bingo hall, as referenced in the staff report, were envisioned in service commercial /planned commercial campus /downtown zones; the real estate agent for the applicant conducted a search of these zones and found no suitable properties available for lease or purchase; • the difference between allowing arestaurant /bar use as opposed to a bingo hall stems from the intent of the current zoning to have a neighbourhood focal point; the City is likely to have only 2 to 3 bingo halls to which patrons will travel to from across the City, whereas restaurants/bars are more numerously distributed throughout the City with chances of finding one in your neighbourhood more likely; • neighbourhood shopping centres are struggling to compete with large commercial shopping campuses, leaving some with large vacant spaces because the anchor store has moved to the larger centres; and, • staff will be looking at potential modifications to the Municipal Plan and Zoning By-law relative to appropriate re-uses for vacant space in neighbourhood shopping centre zones. Mr. Harold Freure, owner of 501 Krug Street, spoke in support of the rezoning application advising that as a resident of the Rosemount neighbourhood he has seen its evolution from large families to COUNCIL MINUTES OCTOBER 30, 2006 - 301 - CITY OF KITCHENER empty nesters and the advent of large shopping campuses resulting in a decline of neighbourhood patronage to the Krug Street plaza. The space in the plaza has traditionally been a grocery store but since its original occupant, Zehrs, left for a larger shopping centre other grocery store operators who have occupied the space have been unable to maintain a viable business because it is too easy for area residents to leave the neighbourhood to shop at the larger centres. Mr. Freure stated that he has taken considerable time to find a suitable tenant and had thought he had found one that would be an asset to the community, providing a form of social recreation, as well as financial benefit for local sports groups who receive revenues from bingos. In response to questions, Mr. Freure advised that potential tenants have included restaurants, a sports bar and teaching centre for massage therapy. He noted that the plaza already has a restaurant and the latter two were not considered suitable uses for the community. Mr. Freure stated that there is still interest on the part of the teaching centre and sports bar, both of which are permitted uses under the current zoning. It was noted that if the current proposal proceeds, leasehold improvements of approximately $700,000. would be made to the plaza by the owner ($200,000.) and the proposed tenant ($500,000.). Mr. Freure added that subdividing the vacant space into smaller retail components was not a viable option due to the high costs to meet today's Building Code standards. Mr. Bill Kieswetter, Property Manager, Rosemount Enterprises, spoke in support of the rezoning advising that the subject space has sat empty for the past 2 t/2 years and represents 35% of the leasable space in the plaza. He also advised that the owner has been especially selective in the type of tenant to occupy the space, keeping in mind the impact on the neighbourhood but the owner can no longer afford to allow the space to remain empty. He commented that he expects the proposed tenant will draw new tenants, optimizing income for maintenance of the plaza; draw new patronage to the other businesses; and be a benefit to the security of the neighbourhood as the bingo hall operator intends to install security cameras around the facility. He suggested that if the proposed use does not proceed the owner may be forced to consider a less desirable use and asked that Council continue to support the rezoning application. Mr. Kieswetter responded to questions, advising that the plaza has approximately 25 other tenants of whom all but 3 have signed the petition in support of the bingo hall, with one not available and the other 2 undecided because of the neighbourhoods' position. He also noted that no discussion has been held with existing tenants in regard to substantial increases in rent if the vacant space is not occupied. Gloria and Bill Bowman, residents, spoke in opposition to the proposed use. Ms. Bowman read from a written submission and stated that while she had nothing against charities she was not in favour of the bingo hall as it will bring people in from outside the neighbourhood. Mr. Bowman stated that he too was not against charities but was against the proposed location. He asked that Council hold its decision until after November 13, 2006; give written assurance that, if approved, properties will not decline in value as a result of the rezoning; and acknowledge whether or not the City of Kitchener has plans for the space currently used by the bingo hall once it moves. Mr. Bowman alleged certain anomalies which he asked Council to consider in making a final decision, including: • in the past, two Councillors had abstained from discussion and voting on bingo matters due to pecuniary interests yet only one did so now; • the notification from Planning staff indicated the applicant of the rezoning is the plaza owner when it is really Pentagon Gaming Partners Inc.; • at a Development & Technical Services Committee meeting in June 2006 no mention was made of dollars to be invested in improvements to the plaza and was not forthcoming until the September 18th meeting and only then when a financial question was asked; • the Planning staff report recommended refusal of the application; • the Development & Technical Services Committee, who over-ruled staff professionals to approve the rezoning, are the same persons who make the final decision; and, • the Committee motion was Carried unanimously yet at the September 25, 2006 Council meeting, revised wording of the Committee's motion was circulated to clarify conditions and hours of operation; the amendment is out of order and should not be accepted until the Development & Technical Services Committee reconvenes, considers the amendment and if accepted, then come forward to Council. COUNCIL MINUTES OCTOBER 30, 2006 - 302 - CITY OF KITCHENER Mr. Bowman acknowledged receipt of a package of material from Councillor J. Smola but questioned the validity of a survey included in the package that Councillor Smola indicated he had undertaken. Mr. Bowman was advised that: • in the past Councillor Vrbanovic declared a pecuniary interest in bingo matters as he was a member of a board involved in running bingos but since September 2005 he no longer sits on the board; • a Standing Committee makes only a recommendation to Council and it is up to Council to make a final decision in the matter and is at liberty to amend the Committee's recommendation; • the City is not involved in any plans involving the property currently used by the bingo hall nor any property close by; • the Development & Technical Services Committee recommendation was not approved by unanimous vote as the Chair did not vote. Councillor J. Smola spoke to the issue raised in regard to a survey he had undertaken, advising that he had conducted the survey between September 12 and 18, 2006 in the plaza parking lot. Mayor C. Zehr advised that one cycle of meetings will be held in November, with Committee meetings on November 20 and Council on November 27, 2006. He inquired if Mr. Bowman was asking that the matter be dealt with at that time and Mr. Bowman responded that since the traffic study was not complete and he was to be notified when the matter comes forward, he would like Council to wait in making its final decision. Mr. Joe Benninger, Peter Benninger/Coldwell Banker Real Estate, commented that in his opinion Council had made the right decision concerning the rezoning application and encouraged Council not to reverse its decision. He advised that he had been retained by the bingo hall operator to assist in searching for a new location as the current space is in a basement with no natural light and no parking, and the bingo hall operator is trying to remedy this situation. He stated that the average bingo player was approximately 50 years of age and he did not agree with the issue raised by some of the area residents that they would pose any safety risk to families in the neighbourhood. He suggested that the real issue is a resistance to change expressing the opinion the neighbourhood would rather see the space remain empty. As a realtor, he stated that from experience vacant space is more detrimental to property values and in order to maintain the property, the owner needs tenants. He pointed out that it is unreasonable to expect traffic not to increase as the space is currently empty but the bingo hall will generate less traffic than other permitted uses. He added that it is unrealistic to expect the use to only serve the neighbourhood given the size of the space at 12,000 sq.ft. Whatever use occupies the space needs to draw from a wider community to be viable and that is the direction in which all neighbourhood centres are going. He also noted that the size of space would not result in a neighbourhood pub but rather a full sized bar and there would be no recourse for the residents as the current zoning permits such use. Mr. Bill Pegg, K-W Charities, stated that the application was about 28 charities whom without Pentagon Gaming Partners Inc. would not have a business. He suggested that if the bingo hall did not relocate it likely would not be in operation this time next year, affecting minor sports groups in the City who receive hundreds of thousands of dollars in bingo revenues each year. Mr. Pegg referred to the traffic study stating that whether positive or negative it represents the last leg of the approval process. He pointed out that the hours of operation have been mistakenly reported and gave assurance that wherever the bingo hall is located it will never be open until midnight, nor will it ever be open 24 hours as regulations do not permit the latter. He advised that the hall would be closed by 10:45 pm each night to coincide with bus scheduling. Mr. Pegg responded to questions advising that each of the 28 charities raise approximately $20,000 per year. He stated that while he had concerns locating in a neighbourhood that was not welcoming, he had indicated to the residents that he was willing to set up a committee to work with them. He added that the organization wants to be good neighbours and corporate citizens. Mr. Pegg also noted that an extensive search led the organization to this location and if not approved, they will have to keep looking which may result in relocation to another municipality. Mr. Don Lasso, resident, stated that while he is not opposed to charities, the majority of patrons to the bingo hall would come from outside the neighbourhood and noted that it was his understanding these charities could join another bingo establishment in the City. He pointed out that Planning staff had COUNCIL MINUTES OCTOBER 30, 2006 - 303 - CITY OF KITCHENER recommended refusal of the application and expressed the opinion the proposed use was not compatible with the intent of the current zoning. It is noted that Mr. Chris Pedersen had registered to speak but did not come forward. The following delegations also spoke in support of the proposed bingo hall: Rose Penner, Loonie Lizard Dollar Store, plaza tenant Liz Kennedy, Ministry of Transportation -License Bureau, plaza tenant Dawn Dafoe, Manager, K-W Bingo Centre Wayne Doerr, Employee, K-W Bingo Centre William Nightingale, Crossing Guard Neal Moogk-Soulis, Conestoga Sailing Club Ronald Andraza & Jackie Foley, JAR Jewellers, plaza tenant Dan Carli, area resident Issues raised by those in support related to: • a vacant space is more likely to devalue property than the proposed use; • continued vacancy of the space will have a detrimental impact to other tenant businesses; • the proposed security cameras will deter undesirable activity on the site; • many of the area residents themselves play bingo; • approximately 90% of customers are from the neighbourhood but people have come from as far as Toronto -Loonie Lizard Dollar Store; • potential for a less desirable tenant; • traffic increase is needed to maintain viable businesses in the plaza; • customers are approximately 70% from the east side of the City and up to 30% from outside the area -Ministry of Transportation -License Bureau; • the bingo operation benefits a number of charities; • the bingo hall employees all reside in Kitchener and are good people; • the bingo hall would be good for the plaza and its businesses; • charities provide good service for the community; • crossing guards are located at several intersections in the neighbourhood providing safe crossing for area children; • a bar /restaurant would generate more traffic than the proposed use; • Conestoga Sailing Club - '/a of its membership is Kitchener youths; charitable donations make up 10 to 15% of the Club's operating budget; without revenues from the bingo hall the Club will have to increase fundraising, possibly seek an increase in grant funds from the City, and/or raise busing fees; • security of the area not as safe as indicated or believed; numerous break and enters have occurred in the area; • property values will increase with a fully rented plaza; no evidence to suggest that the proposed use will lower property values; • bingo players are ordinary citizens just like everyone else; • if the space is rented out to retail there could potentially be 300-500 customers per day yet bingo averages less than 75 per session; • concerns regarding exposing children to gambling are misleading as gambling is everywhere, including convenience stores that sell lottery tickets. The following area residents also spoke in opposition to the proposed bingo hall: Kim Schnittke Elizabeth Baite Jonathan & Andrea Rennie Jennifer Grahame & Sherri Gurskie Glenda MacLeod Debbie Dammeier Tony Adlys Helen & Robert Derby Ron Mahone Jim Wentzlaff Issues raised by those opposed related to: • the close knit environment of the community and its distinctive difference from the downtown; • intent of the current zoning is to provide commercial uses that serve the needs of the neighbourhood and the bingo hall would not be a community focused facility; COUNCIL MINUTES OCTOBER 30, 2006 - 304 - CITY OF KITCHENER • increased traffic, especially around schools, and the safety of children (several homes in the area have day care); • the proposed use is not in keeping with the current zoning; • devaluation of property; • if had prior knowledge of the proposal would not have purchased a home in the neighbourhood; • a different sort live in the downtown; significant difference between the Rosemount neighbourhood and the downtown community; • the neighbourhood is moving from empty nesters to a younger community with small children; • feasibility of the proposed location regarding access to the plaza; consider Victoria Park Pavilion as an alternate site; • the bingo hall would change the face of their community; • Rosemount neighbourhood should not be the solution for the bingo hall's location needs; • the proposed use will bring strangers into the neighbourhood; • residents already experience problems entering and exiting driveways; • parking is a concern especially with a church already using the plaza on Sundays for overflow parking; • the City has a Healthy Communities Strategic Plan re: safe, healthy, and peaceful communities; • staff at Smithson School were unaware of the re-zoning and are not in favour of a bingo hall in the area; • residents had understood the re-zoning was rejected by Planning staff; • there is a plan to revitalize downtown so why not keep the bingo hall in the downtown; • a broader plan is needed to address the issue of vacant space in neighbourhood centres to address their struggle to survive because of larger shopping centres. A question was posed to each of the delegates above, regarding any thought they may have given to other permitted uses under the current zoning and in particular, a bar, to which a number of delegates indicated such use would not be their preference, while others were of the opinion a pub style bar could become a place for area residents to socialize. The delegates were also asked if they would have interest in participating in another community meeting with the bingo hall operator, with the majority expressing the opinion there would be no point as it would not change their position. Mayor C. Zehr then outlined rules of procedure in the event a member of Council wished to put forward this date a Notice of Motion to reconsider the September 25, 2006 Council resolution concerning this matter and questions of clarification were responded to by the City Clerk. Councillor J. Smola stated that he had delivered approximately 80 packages to area residents containing the original staff report, submission from the Charities, a traffic study he had completed between September 12 - 18, 2006 and minutes of the Committee meeting. He had indicated to the residents that he may introduce re-consideration of the matter this date subject to their response. The responses received were overwhelmingly in opposition and Councillor Smola expressed the opinion that it did not appear the traffic study would make any difference to the residents. Councillor Smola advised that while he was still of the opinion the proposed use would be good for the neighbourhood, as their Council representative he must support the views of the neighbourhood. Councillor J. Smola advised that he would like to introduce a motion to reconsider Council's September 25, 2006 resolution concerning Zone Change Application ZC 06/10/K/JB (1291105 Ontario Ltd. -Krug Street) and requested that the requirements for giving Notice of Motion be waived. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to reconsideration of its decision of September 25, 2006 to approve Zone Change Application ZC 06/10/K/JB (1291105 Ontario Ltd. -Krug Street), to allow a commercial bingo centre to locate at 501 Krug Street subject to certain conditions." A recorded vote was requested. In favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola and C. Weylie. COUNCIL MINUTES OCTOBER 30, 2006 - 305 - CITY OF KITCHENER Contra: Councillor G. Lorentz. Absent: Councillor M. Galloway. Carried, with the required 2l3 vote of the whole of Council. A motion by Councillor J. Smola, seconded by Councillor B. Vrbanovic, was then brought forward to reconsider this date Council's decision of September 25, 2006 with respect to approval of Zone Change Application ZC 06/10/K/JB (1291105 Ontario Ltd. -Krug Street). Councillor B. Vrbanovic suggested that in light of Mr. Bowman's request to delay making a final decision until after November 13, 2006 and in fairness to any other interested parties who may wish to come forward as this matter was not formally scheduled to be heard this date, the matter would better be dealt with at a future date. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That the motion of Councillor J. Smola to reconsider this date Council's decision of September 25, 2006 concerning Zone Change Application ZC 06/10/K/JB (1291105 Ontario Ltd. -Krug Street) be amended to provide that Council reconsider the matter at its November 27, 2006 Council meeting. " A recorded vote was requested. In favour: Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic and J. Gazzola. Contra: Councillor J. Smola and C. Weylie. Absent: Councillor M. Galloway. Motion Carried. Councillor J. Smola's motion, as amended, was then voted on by a recorded vote. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That at its meeting of November 27, 2006, Council reconsider its decision of September 25, 2006 pertaining to approval of Zone Change Application ZC 06/10/K/JB (1291105 Ontario Ltd. - Krug Street)." Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola Carried Unanimously by all members present. "That staff place an advertisement in the local newspaper, The Record, to give public notice of Council's intention to reconsider its decision pertaining to approval of Zone Change Application ZC 06/10/K/JB (1291105 Ontario Ltd. -Krug Street) at the November 27, 2006 Council meeting." Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola Carried. "That the report of the Development and Technical Services Committee be adopted." Councillor G. Lorentz spoke in reference to Clause 11 of the Development and Technical Services Committee report, dealing with an update on traffic calming. Councillor Lorentz asked for clarification COUNCIL MINUTES OCTOBER 30, 2006 - 306 - CITY OF KITCHENER regarding rationale used respecting installation of speed humps versus chicanes, specifically as it relates to Greenbrook Drive. He noted that the Environmental Assessment (EA) for Greenbrook Drive recommended a speed hump be placed on Greenbrook close to the intersection of Fischer- Hallman Road but was not installed and yet staff are recommending four speed humps be installed on Bradley Drive. Mr. J. McBride, Director of Transportation Planning, commented that Fischer-Hallman Road is a major collector and staff have concerns with the impact the speed hump would have on emergency service vehicles and the close proximity of driveways to the intersection. He added that Bradley Drive is a different class of street experiencing substantially less traffic than Greenbrook Drive. Mr. McBride pointed out that emergency service personnel have expressed concerns with installation of speed humps because of the impact to the service vehicles, equipment and staff operating the vehicles. He noted that staff are currently investigating development of alternative designs for speed humps to lessen the impact and hope to undertake a trial testing in the coming week. Mr. McBride referred to the survey that has been sent to area residents regarding the traffic calming on Greenbrook Drive and advised that at conclusion of the survey if it is determined that the majority do not favour the chicane designs, staff will not recommend their permanent installation. He noted, however, that they have reduced the volume of traffic by ten percent and the speed of traffic up to fifteen percent. Mr. D. Trask, Deputy Fire Chief, pointed out that all emergency services including police, ambulance and fire have concerns with speed humps for the reasons noted by Mr. McBride and in addition, the fact that they slow down emergency vehicles increasing response times significantly. In response to questions, Mr. Trask advised that over the past three years approximately 150 emergency calls have been received in the area of Greenbrook Drive, averaging 2-3 calls per week. At the request of Councillor G. Lorentz, staff agreed to provide information regarding possible options should a decision be made not to recommend permanent installation of the chicanes and the impact this would have to the City's commitment under the EA. Councillor J. Gazzola also requested definitive information on the impact of speed humps on emergency vehicles. The report of the Development and Technical Services Committee was then voted on Clause by Clause. Clauses 6 & 9 -Dealt with under Delegations and Carried. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Clause 3 of the Community Services Committee report of this date be adopted." Carried. Recorded Pecuniary Interest & Abstention: Clause 3 -Councillor G. Lorentz as he is a client of the firm involved in the lease agreement. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the balance of the Community Services Committee report of this date, excluding Clause 3, be adopted." Carried. COUNCIL MINUTES OCTOBER 30, 2006 - 307 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the report of the Environmental Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Carried. Councillor J. Gazzola requested an update on completion of the Environmental Assessment process relative to the traffic calming study for Kingswood Drive. Mr. J. McBride advised that the Ministry of the Environment (MOE) has indicated a final decision will be made by the end of 2006. Mayor C. Zehr noted that staff was to draft a letter to be sent by him to the MOE concerning this matter and Mr. McBride agreed to follow up on this request. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date, being two zoning amending by-laws and a by-law to adopt Municipal Plan Amendment No. 64 relative to Clauses 6, 7 & 10 of the Development and Technical Services Committee report, respectively. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. (c) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1 and 2, Registered Plan 58M-413 and Block 11 on Plan 58M-89 -Deer Ridge Drive and Spring Mist Drive. (d) Being a by-law to exempt certain lots from Part Lot Control -Part Block 124, Registered Plan 58M-299 -Robert Ferrie Drive. (e) Being a by-law to provide for the establishing and laying out of part of Upper Mercer Street and Sims Estate Drive as public highways in the City of Kitchener. (f) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (g) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereof. (h) 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. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lotco Limited - Doon South Drive. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Waterloo Warehouse Equities Victoria Limited -Victoria Street South. COUNCIL MINUTES OCTOBER 30, 2006 - 30$ - CITY OF KITCHENER (I) Being a by-law to adopt Amendment No. 64 to the Municipal Plan -City of Kitchener - Downtown Design Policies. 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 J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola 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 C. Weylie Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2006-202) (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. tBy-law No. 2006-203) (c) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1 and 2, Registered Plan 58M-413 and Block 11 on Plan 58M-89 -Deer Ridge Drive and Spring Mist Drive. tBy-law No. 2006-204) (d) Being a by-law to exempt certain lots from Part Lot Control -Part Block 124, Registered Plan 58M-299 -Robert Ferrie Drive. tBy-law No. 2006-205) (e) Being a by-law to provide for the establishing and laying out of part of Upper Mercer Street and Sims Estate Drive as public highways in the City of Kitchener. tBy-law No. 2006-206) (f) 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. 2006-207) (g) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereof. tBy-law No. 2006-208) COUNCIL MINUTES OCTOBER 30, 2006 - 309 - CITY OF KITCHENER (h) 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. (i) To confirm all actions and proceedings of the Council. tBy-law No. 2006-209) tBy-law No. 2006-210) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lotco Limited - Doon South Drive. tBy-law No. 2006-211) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Waterloo Warehouse Equities Victoria Limited -Victoria Street South. tBy-law No. 2006-212) (I) Being a by-law to adopt Amendment No. 64 to the Municipal Plan -City of Kitchener - Downtown Design Policies. tBy-law No. 2006-213) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:55 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 30 2006 - 310 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Uniform Traffic By-law be amended to remove the current "No Stopping (4:30 p.m. to 5:30 p.m., Monday -Friday)" regulation on both sides of Margaret Avenue from Breithaupt Street to the westerly City limit except for that portion of Margaret Avenue between Wilhelm Street and Louisa Street. 2. That the Uniform Traffic By-law be amended to include an all-way stop at the intersection of Biehn Drive and Caryndale Drive. 3. That the normal procedure for selection of Consultants be waived, and Stantec Consulting Limited be retained as our Engineering Consultant to undertake the design, contract administration, and inspection for the Lower Hidden Valley Sanitary Sewage Pumping Station. 4. That enforcement of the City's Zoning By-law be waived with respect to a personal service use (alternative health practitioner) within a building existing on October 23, 2006, and temporary occupancy be approved subject to the personal service use vacating the location in the event the City initiated Zone Change (ZC06/06/TC/RM) to permit personal service uses on the subject lands in combination with other permitted uses is not approved; and further; That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. 5. That Demolition Control Application DC 06/10/H/LT requesting permission to demolish one single detached dwelling located at 542 Hidden Valley Road, owned by the Ontario Ministry of Transportation, legally described as Lot 10, Registered Plan 1523, be approved without conditions. 6. That Zone Change Application ZC05/17/D/BB, Lotco Limited, to change the zoning on the subject lands at 468 Doon South Drive from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provision 447R, on lands legally described as Block 2, Registered Plan 395 in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated July 24, 2006, attached to Development and Technical Services Department report DTS-06-130, without conditions. (Dealt with under Delegations and Carried) 7. That Zone Change Application ZC06/19/V/AP (Waterloo Warehouse Equities Victoria Limited) to change the zoning from Warehouse District Zone (D-6) with Holding Provisions 39H and 43H to Warehouse District Zone (D-6) with Holding Provision 43H on lands legally described as Lots A to H inclusive, Registered Plan 421, Lot 34 and Part Lots 35 and 41, Registered Plan 420, Part Lot 25, Streets and Lanes, municipally known as 72 Victoria Street South, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated September 22, 2006, attached to Development and Technical Services Department report DTS-06-147. 8. That Demolition Control Application DC06/03/O/AP requesting permission to demolish one single detached dwelling, located at 453 Ottawa Street South, legally described as Part of Lot 24, Plan 791, and as shown as Part 1, Reference Plan 58R-1437, be approved, without conditions. 9. That the findings and recommendations of the Civic Centre Neighbourhood Heritage Conservation District Study dated September 2006 prepared by the consultant team led by Stantec Consulting Ltd. be accepted, and the Civic Centre Neighbourhood Heritage Conservation District Plan be prepared for Council's consideration in Spring 2007. (Dealt with under Delegations and Carried) COUNCIL MINUTES OCTOBER 30, 2006 - 311 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. That Municipal Plan Amendment Number 64 (MP06/07/TC/CB) be adopted, in the form shown in the "Proposed Municipal Plan Amendment" attached to Development and Technical Services Department report DTS-06-156, to introduce new general urban design policies for Downtown Kitchener, and accordingly forwarded to the Region of Waterloo for approval; and further, That "Design Brief DB-5 -Downtown Design Districts", be adopted and incorporated into the City's Urban Design Manual, in the form shown in the "Design Brief" attached to Development and Technical Services Department report DTS-06-156; to provide a graphical version of the Downtown Design District policies, as contained in section 9.3 of the Design Brief. 11. That Development and Technical Services Department report DTS-06-157 -Traffic Calming Update, be received for information. 12. That Development and Technical Services Department report DTS-06-159 -Fairway Road Bridge Project and Development of Adjacent Lands, be received for information; and, That the Regional Municipality of Waterloo be requested to consider the Fairway Road Extension and Bridge as a roadway of significance, and to design it in an appropriate fashion; and further, That the Regional Municipality of Waterloo be requested to consider the construction of similar roads in other municipalities in the Region in a similar fashion. 13. That consideration of the following recommendation from the Environmental Committee be deferred and referred to the Council meeting of November 27, 2006: "That in accordance with the requirements of Kitchener's Tree Management Policy, the owners of 4585 King Street East and the Site Plan Review Committee endeavour to retain the 50-year- old Black Walnut tree located in the northwest corner of the subject property, directly adjacent to the intersection of Limerick Drive and King Street East." COMMUNITY SERVICES COMMITTEE - 1. That free parking be provided at all City of Kitchener operated downtown parking facilities on Saturdays commencing November 25, 2006 and extending through the Christmas season to December 30, 2006 inclusive; and further, That subject to annual budget approval, the Director of Enterprises be authorized to initiate this program on a year to year basis. 2. That aone-time grant in the amount of $760. ($500. cash and $260. in-kind services: transport topsoil and woodchips), be approved to the Woodfield Court Garden Group to assist with costs related to the start-up of the Woodfield Court Community Garden; and further, That the Mayor and Clerk be authorized to execute any and all necessary agreements with the Woodfield Court Garden Group, satisfactory to the City Solicitor, allowing Woodfield Court Community Garden to be located on public lands known as the Richwood Court Cul-de-sac bulb. 3. That consideration of Chief Administrative Officer report CAO-06-058 (Victoria Park Boathouse - Extension of Lease Agreement), be deferred and referred to a future Finance and Corporate Services Committee meeting to provide time for additional public consultation. COUNCIL MINUTES OCTOBER 30, 2006 - 312 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - 1. That staff investigate the possibility of implementing the following cycling and bicycle parking initiatives put forward by the Waterloo Region Concerned Cyclists and provide a status report to the January 2007 Environmental Committee meeting: • the installation of bicycle racks at all City-owned facilities; and, • the inclusion of bicycle traffic as a separate item from vehicle traffic in all regularly conducted traffic counts; and, • the provision of bicycle parking for all new developments; and, • undertake a review as to the need for and availability of bicycle parking in the downtown; and, • installation of directional signage for bicycle parking in locations that are easily viewed and readily accessible to the public; and further, • that bicycle parking be addressed, and appropriate stakeholders be consulted, when pertinent studies are undertaken or updated (e.g. any Transportation Demand Management initiatives, any future City-wide or community Master Transportation Plans, Kitchener Bikeway Study). HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-V-013 (20 Richmond Avenue), be approved to permit the replacement of the existing rear addition and the construction of a gabled roof dormer on the building's south elevation; subject to the use of reclaimed brick on the front face of the gabled dormer being identified as an option, and the final colour scheme being reviewed and approved by the City's Heritage Planner and/or designate. 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-IV-015 (37 Ahrens Street West), be approved to permit the installation of stone coated metal roof cladding on all primary sections of roofing, subject to the use of cedar shingles on the section of roof directly above the front porch. 3. That pursuant to Section 42(4) of the Ontario Heritage Act, the time limit for formal consideration of Heritage Permit Application HPA 2006-V-014 (35 St. Clair Avenue), be extended to February 28, 2007 to provide additional time for the applicant and City staff to resolve issues related to the application. COUNCIL MINUTES OCTOBER 30, 2006 - 313 - 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. Tenders Dealt with under Delegations. 2. Surplus Lands - Conveyance -University Meadows Subdivision Council considered Corporate Services Department report CRPS-06-154 (L. Proulx), dated October 18, 2006. It was resolved: "That the City declare surplus to its needs vacant land measuring approximately 7 metres by 7 metres, just east of the University Meadows Subdivision at the northwest corner of Country Stone Park, adjacent to the proposed walkway location; and further, That Legal Services be directed to transfer an easement over said lands to Bell Canada to construct awalk-in cabinet to serve the nearby area at no cost for the land." 3. Heritage Permit Application HPA 2006-V-015 - 44 Schneider Avenue Council considered Development and Technical Services Department report DTS-06- 061 (S. Barber), dated October 25, 2006. It was resolved: "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-V-015 (44 Schneider Avenue) be approved, to permit the replacement of the roof of the existing dwelling." 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 October 17, 2006. It is noted that the recommendation concerning Fence Application FN 2006-005 (901 Copper Leaf Crescent) was dealt with under Delegations. It was resolved: "That the application of Scott Keeley (Submission No. FN 2006-006 - 133 Max Becker Drive) requesting legalization of a 2.13m (7') high fence located 0.762m (2.5') from the lot line abutting Copper Leaf Crescent rather than the required 4.57m (15'), on Part Block 9, Registered Plan 58M-172, being Part 43, Reference Plan 58R-12815, 133 Max Becker Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 12 months of the year. 2. That Transportation Planning staff visit this site to ensure proper visibility for the abutting property on Copper Leaf Crescent." COUNCIL MINUTES OCTOBER 30, 2006 - 314 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Licensina Tribunal -The Doll House Council considered this date Corporate Services Department report CRPS-06-158, dated October 26, 2006 regarding the recommendations of the Licensing Tribunal held in the matter of The Doll House, an Adult Entertainment Parlour located at 6 Bridge Street West. It was resolved: "That the Decision of the Licensing Tribunal, attached to Corporate Services Department report CRPS-06-158, in the matter of Adult Entertainment Parlour Business licence No. 20 06 000286 00 L6 issued to 2027625 Ontario Ltd., operating as The Doll House, 6 Bridge Street West, be adopted; and, That the Licensing Section of the Legislated Services Division consider the conditions outlined in the decision of the Tribunal in the matter of The Doll House, for possible inclusion in any amendment(s) to the City's Municipal Code regarding Adult Entertainment Parlours; and further, That any 2007 licences which could be affected by an amendment to the Municipal Code be issued in three month intervals until such time as a report is considered by the Finance and Corporate Services Committee regarding the possible amendment(s) to the Code. " 6. Appointment -Municipal Election Compliance Audit Committee Council considered Corporate Services Department report CRPS-06-159 (R. Gosse), dated October 26, 2006. It was resolved: "That Messrs. Mel Linington, Robert Pritchard and Len Neil be appointed as the members of the 2006 Municipal Elections Compliance Audit Committee (the Committee) as authorized under Section 81 (3.1) of the Municipal Elections Act, as amended, for a term ending November 30, 2008; and, That the Compliance Audit Committee be delegated the powers and functions under subsections 81 (3), (4), (7), (10) and (11) of the Municipal Elections Act; and further, That an exemption be granted to Council Policy I-63 (Appointment to Boards and Committees) to allow Mr. Pritchard to sit on the committee notwithstanding he does not meet the eligibility requirement of either living, working or owning property in the City of Kitchener." 7. Fibre Optic Cable Facilities Renewal Agreement - WREPNET and Consent to Assignment -Atria Networks Inc. Partnership Council considered this date Corporate Services Department report CRPS-06-153 (L. MacDonald), dated October 10, 2006, concerning renewal of an agreement to provide a high volume shared fibre network within the Region of Waterloo. It was resolved: "That the Mayor and Clerk be authorized to execute the Fibre Optic Cable Facilities Renewal Agreement with Atria Networks Inc., the Waterloo Region District School Board, Waterloo Catholic District School Board, The Corporation of the City of Waterloo, The Corporation of the City of Cambridge, Kitchener Public Library Board, Cambridge Public Library Board, Waterloo Public Library Board, Regional Municipality of Waterloo, Conestoga College of Applied Arts and Technology, Grand River Hospital, and Family COUNCIL MINUTES OCTOBER 30, 2006 - 315 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Fibre Optic Cable Facilities Renewal Agreement -WREPNET and Consent to Assignment -Atria Networks Limited Partnership - tCont'd) and Children's Services of the Waterloo Region incorporated as the Children's Aid Society of the Regional Municipality of Waterloo satisfactory to the City Solicitor, for the continued provision of Fibre Optic Cable Facilities as part of WREPNET, the Waterloo Region Education Public Network; and further That the Mayor and Clerk be authorized to execute a Letter of Assignment, satisfactory to the City Solicitor, consenting to Atria Networks Inc.'s assignment of the Fibre Optic Cable Facilities Renewal Agreement to Atria Networks Limited Partnership or such other company to be formed for the purposes of acquiring the assets of Atria Networks Inc."