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HomeMy WebLinkAboutCouncil - 2006-11-27COUNCIL MINUTES NOVEMBER 27, 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 Michelle Duchesne, King School of Vocal. Mayor C. Zehr advised that a presentation was to have been made to acknowledge Councillor M. Galloway's six years of service as the Council representative for the South Ward; however, Councillor Galloway was unable to attend this date. On motion by Councillor C. Weylie, the minutes of the regular meeting held October 30, 2006 and special meeting held November 20, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated October 26, 2006 from the Association of Municipalities of Ontario (AMO) advising of actions to be taken by AMO in response to Council's request for support on the matter of Canada-Korea Free Trade Agreement negotiations and the impact on Ontario's automotive industry. (b) Letter dated October 31, 2006 from E. Witmer, MPP, Kitchener-Waterloo, acknowledging receipt of Council's resolution regarding the issue of Toronto garbage. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That Expression of Interest E06-080, Consultant Services -Clive Road Reconstruction (Brentwood Avenue to Montgomery Road), be awarded to Totten Sims Hubicki Associates, Kitchener at their estimated fee of $133,819.49, including a contingency of $11,476.80 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." -and- "That Tender T06-003, Interior Renovations -City Hall, be awarded to Samson Management and Solutions Ltd., Toronto at a total bid price of $214,136.96, which includes a separate price for a folding partition at a cost of $8,600., a contingency allowance of $1,000. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Ngan Hoang and Tien Le attended in regard to Item B.2 of the Committee of the Whole agenda relative to decisions made by the Dog Designation Appeal Committee. Ms. Hoang advised that Mr. Le had received a letter in reference to a dog named `Moe' but he did not own a dog by that name. It was subsequently determined that Mr. Le had mistakenly received a letter intended for the other appellant and most likely, the other appellant had received the letter intended for Mr. Le. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the decisions of the Dog Designation Appeal Committee regarding appeals filed by Ms. Shelley Post and Ms. Nga Le, as outlined in Item B.2 of the Committee of the Whole agenda of this date be deferred to the December 18, 2006 Council meeting to allow proper notification to be given to the respective appellants." Carried. COUNCIL MINUTES NOVEMBER 27, 2006 - 31$ - CITY OF KITCHENER Mayor C. Zehr advised that several delegations were in attendance this date in regard to an item listed under Unfinished Business concerning reconsideration of Council's decision of September 25, 2006 pertaining to approval of Zone Change Application ZC 06/10/K/JB (1291105 Ontario Limited - Krug Street) to allow a commercial bingo centre to locate at 501 Krug Street. Council was in receipt this date of a staff memorandum (K. Mayer), dated November 17, 2006, outlining staff comments in regard to a Traffic & Parking Impact Study completed by Paradigm Transportation Solutions. The completed study fulfills the condition of approval relative to the Zone Change. Jeannette and Don Lasso spoke in opposition to the proposed bingo hall, stating that the proposed use would not be beneficial or fit within the Rosemount neighbourhood and suggested the vacant space be divided and used for more retail uses that would be desirable to the neighbourhood. Joseph St. John, Optimist Club, spoke in support of the proposed bingo hall, commenting that neighbourhood concern's regarding property devaluation and safety of children are unfounded. He noted that the Optimist Club works in support of youth programs and would not do anything to jeopardize children's safety. Mr. Bill Bowman spoke to an issue in regard to the completed traffic study, alleging that he and Mr. D. Lasso had been promised a copy of the study one week in advance of it being considered by Council yet neither had received a copy. Mr. J. Willmer advised that what Council had agreed to was to provide one-week's notice to the delegations as to when the by-law to affect the Zone Change would come forward for consideration, which was given. Mr. Bowman stated that while he would respect the decision of Council, it was his opinion that a bingo hall was not needed nor wanted in the neighbourhood and re-iterated his concerns regarding property devaluation, increased traffic and safety of children. Mr. J. McBride, Director of Transportation Planning, commented on components of the traffic study, noting that projections for traffic volumes generated by the proposed bingo hall were based primarily on studies conducted at the Cambridge Bingo Centre, which is a stand-alone facility in a suburban location with a surface parking lot. The location provided opportunity to collect more accurate measurement of attendance, parking, arrival patterns and vehicle occupancy as it relates to a bingo operation. Mr. McBride advised that the operational analysis indicates all intersections in the study area will operate well within acceptable levels during the peak hours of the bingo hall operation. He added that the study recommends implementation of a left-turn lane on Krug Street at the northerly driveway entrance to the site, which can be accommodated within the existing pavement width on Krug Street. A parking analysis confirmed there is sufficient parking on the plaza property to accommodate parking generated by patrons of the bingo hall based on current conditions and Mr. McBride outlined statistical data in support of this conclusion. It was also noted that a 25 vehicle buffer was added to account for fluctuations. Mr. McBride advised that staff generally concur with the conclusions of the study and are recommending that the left-turn lane be implemented on Krug Street, with the cost to be the responsibility of the applicant. Mr. McBride responded to questions, advising that statistics contained in licensing reports pertaining to the number of patrons currently using the two bingo facilities in Kitchener show that the numbers are considerably less than the projected maximum capacity outlined in the traffic study; cancellation of a reciprocal parking agreement with two area churches would not adversely impact the plaza operation; measures can be taken to deal with overflow parking on-street if it becomes a problem, including elimination of on-street parking or set time limits, and staff would work with area residents to address such concerns; and staff will work with the applicant through site plan review to determine an appropriate number of designated parking for persons with disabilities. Mr. Bowman questioned why the bingo hall on Weber Street was not used in the study. Mr. McBride explained that the Cambridge location afforded opportunity to collect accurate data; whereas, the Weber Street location, like Krug Street, is in a plaza where it is difficult to determine actual numbers associated with the bingo operation itself. Mr. Bowman disagreed with the rationale of the study contending that traffic will be an issue as a result of the bingo hall regardless of the study outcome. COUNCIL MINUTES NOVEMBER 27, 2006 - 319 - CITY OF KITCHENER Mr. Bowman responded to questions, noting that there are approximately 215 properties included on the signed petition from the Rosemount neighbourhood and surrounding area. He stated that both area schools are opposed to the bingo hall and there is concern of children being exposed to the influence of gaming. He added that increased traffic will affect children walking to and from school as well as to the plaza itself, noting that crossing guards are not located on side streets. Mr. Bowman acknowledged that whatever use fills the vacant space, traffic will increase but suggested that the space should be occupied by something the community wants as they support the plaza. Mr. Carl Zintel spoke in opposition to the proposed bingo hall, commenting on observations he has made in regard to the Bingo Country operation on Weber Street. He expressed the opinion that unlike the Weber Street location, there is no easy access to the Krug Street plaza which would result in traffic traveling through the subdivision to get to and from the bingo hall. He pointed out that businesses in proximity to the Weber Street bingo hall have had issues with parking as it relates to bingo patrons and signs have had to be erected to indicate no parking in certain areas. He noted that he works in the field of enforcement and advised that safety as it relates to parking is a focus of concern for schools. In response to questions, Mr. Zintel acknowledged that parking can be dealt with through enforcement in school areas where there is `No Parking / No Stopping' zones. He disagreed that traffic would increase regardless of the use, in that, bingo patrons would enter /exit the plaza en masse as each session is held, whereas, with a variety of merchants the volume would be less. He added that traffic flow from other uses such as a grocery store would not likely draw customers from outside the neighbourhood. Mr. J. McBride responded to an inquiry regarding traffic access to the Krug Street plaza, advising that it is anticipated the majority will use Krug Street via River Road as opposed to traveling on streets within the subdivision. Mr. Eric Richards spoke in opposition to the bingo hall, advising that he had submitted a petition of 50 persons this past week and submitted a further petition of 10 names this date. He advised that in addition to area residents, he represented five area home child care businesses which frequent the plaza on outings with the children. He suggested that this would change as a result of the proposed use adding that it was his opinion the proposed use would not fit well within the neighbourhood. Mr. Richards questioned what other uses the proposed re-zoning would permit and was advised that the re-zoning is specific to adding only a bingo hall use to the existing permitted uses. Mr. Bill Kieswetter, Property Manager, Krug Street Plaza, addressed the issue of dividing the unoccupied space, advising that their realtor had been instructed to pursue multiple leasing but was unsuccessful. He added that the space does not lend itself well to being divided, making renovation uneconomical and risky without viable partnerships. Mr. Kieswetter also spoke to the issue of a smoking area, advising that afenced-in area is to be provided on the Krug Street side of the plaza that will not be visible to passersby. Mr. Bill Pegg, Kitchener Charities, responded to questions advising that pursuit of other locations is continuing in Kitchener and has now begun in Waterloo, with no suitable alternate location having been found to date. He stated that if the proposed location was approved, the bingo operators would strive to prove that they are good neighbours and reiterated a previous commitment to provide a route of communication for residents through establishment of a community committee. He also stated that if a new location is not found, it is unlikely the bingo centre will still be in operation this time next year. Mr. Pegg advised that on his level there has been no discussion of merging with the other bingo centre operating in Kitchener and noted that Kitchener Charities has never had an issue in regard to filling its timeslots. He advised that during daytime hours the bingo hall attracts an average of 40-60 patrons, with upwards of 90 during the evening. It was also noted that the charities raised approximately $500,000. for disbursement in 2005. Mr. Bill Kieswetter responded to further questions regarding potential adverse changes in shopping patterns as a result of the bingo hall and he expressed the hope that this would not be the case. He added that he had consulted the businesses in the plaza and the majority is in support. It was also noted that over $700,000. in leasehold improvements are proposed as a result of this proposal. Mayor C. Zehr then referred to Council's October 30, 2006 motion to reconsider its decision of September 25, 2006 pertaining to approval of the zone change application advising that the previous COUNCIL MINUTES NOVEMBER 27, 2006 - 320 - CITY OF KITCHENER decision of Council must be re-considered as originally written and noting that the conditions contained therein have now been met. On motion by Councillor G. Lorentz, seconded by Councillor C. Weylie, Council's previous resolution of September 25, 2006 pertaining to approval of Zone Change Application ZC 06/10/K/JB, was brought forward for re-consideration. Councillor J. Smola commented on the number of residents opposed to this rezoning, equating to approximately 215 properties and over 450 signatures on petitions. He stated that based on his discussions with area residents and the volume of correspondence that has been received in opposition, he could not support the motion. Councillor C. Weylie advised that she would support the motion, noting that the subject space has been vacant for approximately 29 months and the bingo operators have had no success in finding another location. She added that there are a number of similar sized plazas throughout the City that have lost grocery store uses because neighbourhood residents did not support them and the space has been ultimately filled with a less desirable use, such as a sports bar. Councillor J. Gazzola spoke in support of the motion disagreeing that property values would decline and expressing the opinion that increased traffic and parking issues are City-wide as a result of continued growth but can be mitigated. He suggested that the issue is really one of tolerance and pointed out that bringing new people into the area could be good for the neighbourhood. Councillor B. Vrbanovic suggested it was a matter of balancing diverging viewpoints and considering the interests of all parties involved. He expressed the opinion that a vacant space or less desirable use, such as a bar facility, would have a greater impact on property values and traffic will increase no matter what use occupies the space. He added that he did not believe the bingo hall would be a negative addition to the neighbourhood and the potential loss to charities far outweighs resident opposition to the use. Mayor C. Zehr advised that he would support the motion having considered the interests of all involved and expressed the opinion that the neighbourhood, bingo patrons and charities could peacefully co-exist. A recorded vote was requested. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "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." In Favour: Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic, J. Gazzola and C. Weylie. Contra: Councillor J. Smola COUNCIL MINUTES NOVEMBER 27, 2006 - 321 - CITY OF KITCHENER Absent: Councillor M. Galloway Motion Carried. Councillor J. Gazzola referred to the community committee proposed by Kitchener Charities and Mr. Willmer expressed the opinion that there was no role for staff to play, in that, this would be a committee established by the Charities but suggested the Ward Councillor may wish to hold the bingo operators accountable for its establishment. At the request of Councillor J. Smola, the City Clerk was directed to forward a letter to Kitchener Charities to advise that Councillor Smola would be willing to work with the Charities and area residents in an ongoing effort to maintain open communication. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee (meeting of October 23, 2006) be adopted." Councillor J. Gazzola advised that a meeting had been held with area residents at which time the developer gave assurances that they would do what they could to save the subject tree and it was his understanding the neighbourhood was satisfied with the response. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend the report by removing the referral paragraph. The report was then voted on and Carried, as Amended. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee (meeting of November 20, 2006) be adopted." Councillor B. Vrbanovic asked that Clause 2 of the report dealing with a noise exemption requested by the Ministry of Transportation be dealt with separately. He noted that two complaints were received, one from a resident regarding the construction noise and another from a resident of Hofstetter Avenue concerning noise emanating from vehicles entering / exiting a storage yard from an adjacent property. He asked that staff investigate the latter and undertake enforcement, if necessary. On motion by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, it was agreed to amend Clause 2 of the report by removing the referral paragraph and adding provision to the remainder of the Clause that approval be subject to the Ministry of Transportation working with area residents to address their concerns. Mayor C. Zehr disclosed a pecuniary interest and abstained from all voting and discussion regarding Clause 6 of the report, dealing with a Plan of Subdivision 30T-06202 (JHS Properties Inc. -Deer Ridge Drive), as he owns property in the subject area. Councillor C. Weylie assumed the Chair for purposes of conducting this portion of the meeting. In reference to Clause 6, Councillor J. Gazzola advised that a meeting has been scheduled with the developer and area residents to discuss issues related to the Plan of Subdivision. At the request of Councillor Gazzola, it was agreed to refer this matter to the December 11, 2006 Development and Technical Services Committee meeting, pending results of the neighbourhood meeting, and any recommendation arising from the Committee would be considered at a special Council meeting the same date. The report was then voted on Clause by Clause. Clause 2 -Carried, as Amended. Clause 6 -Carried, as Amended. COUNCIL MINUTES NOVEMBER 27, 2006 - 322 - CITY OF KITCHENER Balance of report -Carried. Recorded Pecuniary Interest & Abstention: Clause 6 -Mayor C. Zehr as he owns property in the subject area. Mayor C. Zehr then occupied the Chair. Council was in receipt this date of a memorandum (R. Gosse), dated November 24, 2006, regarding Clause 10 of the Finance and Corporate Services Committee report, outlining estimated costs for a citizen survey on matters related to voter turn-out. The estimates range from $15 - $25,000. and it is proposed the survey be completed by mid-January with a report to follow by the end of January, early February. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Clause 10 of the Finance and Corporate Services Committee report of this date be adopted, as amended, by removing the referral paragraph." Councillor J. Gazzola asked that Clause 10 be dealt with in separate parts by recorded votes as it relates firstly to the survey and secondly, to the post-election staff report. He advised that he would not support approval of the survey at this time given the true costs and content are unknown. He recognized that problems exist, citing examples of how the Voters' List is compiled and the need for early education in civics, and suggested that more information should be obtained from the Province before proceeding. Councillor G. Lorentz also raised concerns regarding the cost and timing of the survey, suggesting that discussions concerning this matter should first be undertaken collectively among the Region of Waterloo and all seven area municipalities. Councillor B. Vrbanovic pointed out that a basis for costing of the survey has been provided and encouraged support in conducting a timely survey to ensure quality information is collected. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That paragraphs 1 to 3 of Clause 10 of the Finance and Corporate Services Committee report of this date, as amended, be adopted." In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic and C. Weylie. Contra: Councillors J. Gazzola and G. Lorentz Absent: Councillor M. Galloway Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the balance of Clause 10 of the Finance and Corporate Services Committee report of this date, as amended, be adopted." Carried Unanimously, by all Members present. Council was in receipt this date of Corporate Services Department report CRPS-06-172 (L. MacDonald), dated November 24, 2006, concerning Clause 11 of the report, in which staff were directed to report this date with a comprehensive written submission detailing all concerns of the City in regard to proposed amendments to the Municipal Act (Bi11130). COUNCIL MINUTES NOVEMBER 27, 2006 - 323 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Clause 11 of the Finance and Corporate Services Committee report of this date be adopted, as amended, by deleting the second paragraph and replacing it with the recommendation contained in report CRPS-06-172 to approve the written submission as drafted by staff." Councillor J. Gazzola raised concerns with two bulleted points contained in the written submission regarding the establishment of corporations and the provision of electronic participation of a Council / Committee meeting being expanded to include in-camera meetings. He requested that these two points be dealt with separately by recorded vote. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That in regard to the written submission outlining the City of Kitchener's response to Bill 130 (Proposed Amendments to the Municipal Act), as attached to report CRPS-06-172, the paragraph requesting opportunity to participate in discussions with the Province on the development of the regulations needed to affect the authority for municipalities to establish corporations, be included as part of the City's written submission to be forwarded to the Standing Committee on General Government, Province of Ontario." In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola Absent: Councillor M. Galloway Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That in regard to the written submission outlining the City of Kitchener's response to Bill 130 (Proposed Amendments to the Municipal Act), as attached to report CRPS-06-172, the paragraph regarding the ability for members of Council to participate electronically in a meeting of Council /Committee being expanded to include in-camera meetings be included as part of the City's written submission to be forwarded to the Standing Committee on General Government, Province of Ontario." In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola Absent: Councillor M. Galloway Motion Carried. Clause 11 of the Finance and Corporate Services Committee report was then voted on, as amended, and Carried Unanimously by all members present. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the balance of the Finance and Corporate Services Committee report of this date, excluding Clauses 10 and 11, be adopted." Carried. COUNCIL MINUTES NOVEMBER 27, 2006 - 324 - CITY OF KITCHENER Councillor B. Vrbanovic referred to the Region of Waterloo's annual appointment process to Boards and Committees, noting that currently there is no municipal Council representation on the Waterloo Regional Police Services Board and suggested that it would be appropriate for the Mayors of the 3 urban centres to be appointed He asked for support to formally request the Region of Waterloo to consider at minimum, appointing the Mayor of Kitchener to the Police Services Board given Kitchener is a major financial contributor to the Board. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That as part of the Region of Waterloo's annual appointment process, the City of Kitchener formally requests the Region to consider appointing the Mayor of Kitchener to sit as a representative on the Waterloo Regional Police Services Board." Carried. At the request of Councillor J. Gazzola, Communications staff was directed to place an advertisement as a reminder to Kitchener residents that this year only property owners whose property assessment has actually changed will receive a new assessment notice from the Municipal Property Assessment Corporation (MPAC) but all property owners still have the right to appeal their assessment, if desired. Council agreed to a request of Mr. R. Gosse, City Clerk, to add eight additional by-laws for three readings this date being two zoning amending by-laws relative to Clauses 4 and 5 of the Development and Technical Services Committee report and six Municipal Code amending by-laws relative to Clauses 4-7 inclusive of the Finance and Corporate Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereof. (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) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e) Being a by-law to exempt certain lots from Part Lot Control -Part Block 1, Registered Plan 58M-295 - Doon South Drive. (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 1, 3 and 4, Registered Plan 58M-327 -Britton Place. (g) Being a by-law to exempt certain lots from Part Lot Control -Part Block 57, Registered Plan 58M-190 - Briarmeadow Drive. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1291105 Ontario Ltd. -Krug Street. (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 -Silvestri Investments -Ira Needles Blvd. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Elizabeth Chafe and Peter Van Hecke -Wellington Street North. COUNCIL MINUTES NOVEMBER 27, 2006 - 325 - CITY OF KITCHENER (I) Being a by-law to repeal Chapter 539 of the City of Kitchener Municipal Code with respect to Electrical Contractors and Master Electricians. (m) Being a by-law to amend Chapter 500 of the City of Kitchener Municipal Code with respect to General Provisions Issue of Licences. (n) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (o) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (p) Being a by-law to amend Chapter 533 of the City of Kitchener Municipal Code with respect to Drain Layer. (q) Being a by-law to amend Chapter 578 of the City of Kitchener Municipal Code with respect to Plumbing Contractor- Master Plumber-Journeyman Plumber. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2006-214) (b) 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. 2006-215) (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. 2006-216) (d) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2006-217) COUNCIL MINUTES NOVEMBER 27, 2006 - 326 - CITY OF KITCHENER (e) Being a by-law to exempt certain lots from Part Lot Control -Part Block 1, Registered Plan 58M-295 - Doon South Drive. tBy-law No. 2006-218) (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 1, 3 and 4, Registered Plan 58M-327 -Britton Place. tBy-law No. 2006-219) (g) Being a by-law to exempt certain lots from Part Lot Control -Part Block 57, Registered Plan 58M-190 - Briarmeadow Drive. tBy-law No. 2006-220) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1291105 Ontario Ltd. -Krug Street. tBy-law No. 2006-221) (i) To confirm all actions and proceedings of the Council. tBy-law No. 2006-222) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Silvestri Investments -Ira Needles Blvd. tBy-law No. 2006-223) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Elizabeth Chafe and Peter Van Hecke -W ellington Street North. tBy-law no. 2006-224) (I) Being a by-law to repeal Chapter 539 of the City of Kitchener Municipal Code with respect to Electrical Contractors and Master Electricians. tBy-law No. 2006-225) (m) Being a by-law to amend Chapter 500 of the City of Kitchener Municipal Code with respect to General Provisions Issue of Licences. tBy-law No. 2006-226) (n) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. tBy-law No. 2006-227) (o) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. tBy-law No. 2006-228) (p) Being a by-law to amend Chapter 533 of the City of Kitchener Municipal Code with respect to Drain Layer. tBy-law No. 2006-229) (q) Being a by-law to amend Chapter 578 of the City of Kitchener Municipal Code with respect to Plumbing Contractor- Master Plumber-Journeyman Plumber. tBy-law No. 2006-230) COUNCIL MINUTES NOVEMBER 27, 2006 - 327 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 9:35 p.m. Carried. MAYOR CLERK COUNCIL MINUTES NOVEMBER 27, 2006 - 32$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (meeting of October 23, 2006) 1. 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." (As Amended) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (meeting of November 20, 2006) 1. That the Uniform Traffic By-law be amended to prohibit parking on the north/east side of Prosperity Drive from a point 45 metres west of Erika Court to a point of 25 metres north thereof, and on the east/south side of Prosperity Drive from a point 40 metres north of Indigo Street to a point 25 metres east thereof. 2. That subject to the Ministry working with area residents to address their concerns, the Ministry of Transportation and its contractor(s) continue to be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 Construction Work, during the reconstruction and widening of Highway 8 in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from December 1, 2006 to December 31, 2007. (As Amended) 3. That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Part Block 6, Registered Plan 58M-270, designated as Part 30 on Reference Plan 58R- 14077, known as 431 Deer Ridge Drive, pursuant to Section 9.10.14.12(5) of the Ontario Building Code, said agreement to permit the construction of a new single family home with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property, described as Block 11 on Registered Plan 58M-270, being an open space block fronting on Deer Ridge Drive. 4. That Zone Change Application ZC06/22/I/JB for the purpose of changing the zoning from Hazard Land Zone (P-3) to Arterial Commercial Six (C-6) on lands legally described as Part of Lot 38, German Company Tract, being Part of Part 4, Reference Plan 58R-15010, and to change zoning from Arterial Commercial Six (C-6) to Open Space (P-2) on lands legally described as Part of Lot 38, German Company Tract, being Part 5, Reference Plan 58R-15010 (Ira Needles Blvd.) in the City of Kitchener be approved in the form shown in the "Proposed By-law", dated November 7, 2006 distributed at the Development and Technical Services Committee meeting of November 20, 2006, without conditions. 5. That Zone Change Application ZC06/09/W/JB for the purpose of changing the zoning from Residential Five Zone (R-5) to Residential Five Zone (R-5) with special use provision #357 to allow for canine and feline grooming as a home business on lands legally described as Registered Plan 125 Part Lot 1 and 2 (338 Wellington Street North) in the City of Kitchener be approved in the form shown in the "Proposed By-law", dated October 16, 2006 attached to Development and Technical Services Department report DTS-06-164 as amended to incorporate additional zoning boundaries on Map No. 1 attached to the proposed by-law, without conditions. 6. That consideration of the following recommendation from Development and Technical Services Department report DTS-06-166, as amended (Plan of Subdivision 30T-06202 -JHS Properties Inc. - Deer Ridge Drive), be referred to the Development and Technical Services Committee meeting of December 11, 2006, pending the outcome of discussions between staff, the developer and the abutting neighbours concerning finished grades and house styles: "That the recommendations contained in Development and Technical Services Department report DTS-06-166, (Plan of Subdivision 30T-06202 -JHS Properties Inc. -Deer Ridge Drive), be approved; subject to the following amendments: COUNCIL MINUTES NOVEMBER 27, 2006 - 329 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (meeting of November 20, 2006) 6. (Cont'd) (a) that the Plan of Subdivision map be amended to show the street name of Riverstone Court; and, (b) that the date in clauses 1 and 2.1 of the recommendation in DTS-06-166 be changed from July 18, 2006 to November 20, 2006.; and further, That any recommendation regarding this matter arising from the December 11, 2006 Development and Technical Services Committee meeting be considered at a special Council meeting to be held later the same date. (As Amended) 7. That the process for listing non-designated properties of cultural heritage value or interest on the Municipal Heritage Register, as outlined in Development and Technical Services Department report DTS-05-213, dated December 16, 2005, be approved. 8. That a rebate of a portion of the building permit fee be approved, based on the following amount, if confirmation of the final building inspection and grading certification (if applicable) within 270 "seasonal days" of occupancy, as define by the TARION Warranty Corporation, has been obtained; and, That for new construction of single family, duplex, semi-detached, townhouse and triplex dwelling units, the rebate will be $500/permit; and further, That the effective date for the above revision of the permit fee rebate be January 1, 2005." 9. That Dr. Troy Glover, Director of the Healthy Communities Research Network, be requested to share the results of his proposed research on how residents experience and value the landscapes with which they interact in their community, with City of Kitchener staff, and to present his findings to City Council upon completion of the research. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Bethany Evangelical Missionary Church for their annual Christmas Pageant from November 30 to December 3, 2006, between the hours of 6:00 P.M. and 9 P.M., daily. 2. That subject to Council reconsideration in the event an adverse report is brought forward by By-law Enforcement staff concerning any of these events, 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 between the hours of 7:00 PM and 10:15 PM, on the following dates: January 5 and 26, February 23, March 9, April 6 and 30, May 11, and June 8, 2007. 3. That the recommendation contained in Community Services Department report CSD-06-114 (Municipal Alcohol Policy -Amendment), dated November 7, 2006 be referred to a January 2007 Community Services Committee meeting to allow further discussions with the City's insurer and / or investigation of other insurers in an effort to maintain a simplified method of obtaining liability insurance by those who rent City facilities. 4. That a by-law to amend Chapter 533 of the Municipal Code (Drain Layer) be prepared for Council's consideration on November 27, 2006, based on the proposed by-law dated November 6, 2006 attached to Corporate Services Department report CRPS-06-161. COUNCIL MINUTES NOVEMBER 27, 2006 - 330 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 5. That a by-law to repeal Chapter 539 of the Municipal Code (Electrical Contractor-Master Electrician) be prepared for Council's consideration on November 27, 2006, based on the proposed by-law dated November 6, 2006 attached to Corporate Services Department report CRPS-06-162. 6. That a by-law to amend Chapters 500 (General Provisions - Issue of Licences), 501 (Business Licence Fees) and 502 (Adult Entertainment Parlours) be prepared for Council's consideration on November 27, 2006, based on the proposed by-law dated November 6, 2006 attached to Corporate Services Department report CRPS-06-163. 7. That a by-law to amend Chapter 578 (Plumbing Contractor-Master Plumber-Journeyman Plumber) be prepared for Council's consideration on November 27, 2006, based on the proposed by-law dated November 6, 2006 attached to Corporate Services Department report CRPS-06-167. 8. That Purchase Order P.O. 0600461 for the City of Kitchener's annual Contract T06-001, Concrete Sidewalk and Curb Construction and Repair, be extended $250,000. to allow for additional sidewalk construction to be completed as part of the City's 2006 Capital Works. 9. That the City of Kitchener support the request of the Citizens' Assembly on Electoral Reform to assist in publicizing upcoming public consultations regarding retaining of the current provincial electoral system or adoption of a new one, by providing a link from the City's website to the Citizens' Assembly website and by placing an information excerpt in the next edition of the `Your Kitchener' newsletter subject to publication deadlines. 10. WHEREAS the citizens of the City of Kitchener through the `Who are you, Kitchener?' process and in its new Strategic Plan expressed a desire to see improved levels of citizen engagement in the community; and, WHEREAS voter turn-out in Kitchener was again amongst the lower voter turn-outs in the Province; NOW THEREFORE BE IT RESOLVED that City staff obtain the services of a polling consultant to survey residents about questions like whether they did or did not vote; why they did or did not vote; and for ideas they have which would make the voting process better for them; and, BE IT FURTHER RESOLVED that staff be directed to prepare a preliminary post-election report to be brought forward to the first Finance & Corporate Services Committee meeting in January 2007, considering among other issues: • establishing a citizens' committee to be made up of the City Clerk, members of Council, candidates not elected in the 2006 municipal election and citizens-at-large, to study the results of the proposed survey and other findings from the City Clerk as a result of the 2006 municipal election; and make recommendations by June 30, 2007 for implementation in advance of the next municipal election; and, • to work with the Association of Municipalities of Ontario (AMO) to investigate the possibility of the Province of Ontario launching aprovince-wide advertising campaign in advance of the next municipal election on behalf of all Ontario municipalities; and to work with the local newspaper to develop a special insert in advance of the next municipal election that would give full and equal coverage to all candidates to assist voters with being better educated about the candidates running. (Carried, as Amended, on a recorded vote) COUNCIL MINUTES NOVEMBER 27, 2006 - 331 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 11. That staff make oral representation at their scheduled hearing appointment on Monday, November 27, 2006 to the Standing Committee on General Government regarding two areas of concern related to proposed amendments to the Municipal Act, as outlined in Corporate Services Department report CRPS-06-166, dated November 17, 2006; and further, That submission regarding Bill 130 (Proposed Amendments to the Municipal Act and other Acts), dated November 24, 2006, attached to Corporate Services Department report CRPS-06- 172 be approved and staff be directed to file same with the Standing Committee on General Government, Province of Ontario. (Carried, as Amended, on a recorded vote) COUNCIL MINUTES NOVEMBER 27, 2006 - 332 - 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. Declaration of Surplus Lands - Doon Village Road It was resolved: "That the following lands be declared surplus to the City's needs for the purpose of conveyance to Sestan Electric Construction Limited: Block 90, Plan 1495, City of Kitchener, Regional Municipality of Waterloo." 2. Dog Designation Appeal Committee Decisions Dealt with under Delegations. 3. Various Tenders Dealt with under Delegations. 4. Tag Dav Request - Roval Canadian Sea Cadets Council considered correspondence from Mrs. S. Bushfield, Tag Day Co-ordinator, K-W Navy League Branch, dated October 7, 2006, requesting permission to conduct Tag Days on December 15 & 16, 2006. It was resolved: "That the request of the Royal Canadian Sea Cadets #94 WARSPITE to conduct Tag Days on the evening of December 15 and all day December 16, 2006, at various malls, grocery stores, liquor store entrances, as outlined in correspondence from S. Bushfield, dated October 7, 2006, be granted." 5. CRPS-06-169 -Fire Training Agreements - 2044 & 2060 Bleams Road -Delegate Signing Authority Council considered Corporate Services Department report CRPS-06-169 (L. MacDonald), dated November 22, 2006. It was resolved: "That the General Manager of Development & Technical Services be authorized to execute an Agreement, satisfactory to the City Solicitor pertaining to the use of 2044 and 2060 Bleams Road as a temporary training facility for the City of Kitchener Fire Department; and further, That the General Manager of Development & Technical Services, or his designate, be delegated authority to sign on behalf of the City any future Agreements, satisfactory to the City Solicitor, with any property owner offering the provision of temporary training facilities on private property." COUNCIL MINUTES NOVEMBER 27, 2006 - 333 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. CRPS-06-179 -Land Exchange with Ariens - 300 Joseph Schoerg Crescent - Surplus Land Designation & Agreement for Land Exchange Council considered Corporate Services Department report CRPS-06-179 (J. Willmer), dated November 22, 2006. Mr. J. Willmer, Director of Planning, responded to questions concerning the proposed Clarica Lookout, advising that Clarica is sponsoring development of a scenic lookout on the site of the former Betzner Barn foundation. He added that these and surrounding lands being acquired by the City are passive lands requiring minimal maintenance and the acquisition will result in continuous City-owned lands from Joseph Schoerg Crescent south to the Grand River. It was resolved: "That a portion of the lands owned by the City of Kitchener abutting the lands known as 300 Joseph Schoerg Crescent (formerly 437 Pioneer Tower Road) and described as Part of Lot 12, Beasley's Broken Front Concession (Geographic Township of Waterloo) designated as Part 4 on draft Reference Plan attached to Report CRPS-06-179 comprising approximately 0.081 ha and Part of Block 44, Registered Plan 58M-400, designated as Part 1 on draft Reference Plan attached to Report CRPS-06-179, City of Kitchener, Regional Municipality of Waterloo comprising approximately 0.165 ha, be declared surplus to the City's needs; and further, That the Mayor and Clerk be authorized to execute a land exchange agreement with Victoria Ariens and John Ariens wherein the lands above are conveyed to Victoria Ariens in exchange for the parcel of land more particularly described as Part of Lot 12, Beasley's Broken Front Concession (Geographic Township of Waterloo) designated as Part 2 on draft Reference Plan attached to Report CRPS-06-179, comprising approximately 0.427 ha, substantially in the form attached, on terms and conditions satisfactory to the City Solicitor." 7. DTS-06-176 -Amendment to Designation By-law 2003-179 - 300 Joseph Schoerg Crescent tformerly Betzner Farmstead) Council considered Development and Technical Services Department report DTS-06- 176 (J. Willmer), dated November 22, 2006. It was resolved: "That staff be directed to take the necessary steps to amend the description of the reasons for designation of the former Betzner Farmstead and the legal description contained in Schedule `A' of By-law 2003-179, which designates the former Betzner Farmstead pursuant to Part IV of the Ontario Heritage Act; so that the reasons for designation be updated and make reference to the cultural heritage landscape, and that the designation apply to lands owned and retained by Victoria Ariens and to be acquired by Victoria Ariens pursuant to a land exchange between the City, that are currently and will be municipally known as 300 Joseph Schoerg Crescent." $. FIN-06-056 -Amendment to Council Policy 1-47 -Technology and Home Office Expenses - Mavor and Council Council considered this date Financial Services Department report FIN-06-056 (P. Houston), dated November 27, 2006, concerning an amendment to Council Policy I-47 (Technology and Home Office Expenses -Mayor and Council). COUNCIL MINUTES NOVEMBER 27, 2006 - 334 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) $. FIN-06-056 -Amendment to Council Policy 1-47 -Technology and Home Office Expenses - Mavor and Council tCont'd) It was resolved: "That Council Policy I-47 for Technology and Home Office Expenses -Mayor and Council, be amended, in accordance with the revised policy attached to Financial Services Department report FIN-06-056."