HomeMy WebLinkAboutCouncil - 2007-03-19COUNCIL MINUTES
MARCH 19, 2007 CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present except Mayor C. Zehr.
Acting Mayor K. Galloway assumed the Chair for the purpose of conducting this meeting.
The meeting began with the singing of "O Canada" by Symone Snively, King School of Vocal.
On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held February 26, 2007 and
special meetings held February 26 & March 5, 2007, as mailed to the Mayor and Councillors, were
accepted.
COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL
On behalf of Council, Acting Mayor K. Galloway extended an expression of sympathy to the bereaved
family of Susan Steingass Harkins over her recent passing and acknowledged Susan's many
contributions as a community volunteer and as a member of the City's Accessibility Advisory
Committee.
It was noted that Mr. Don Cudmore had registered as a delegation in regard to concerns of snow
removal but was not in attendance this date.
Mr. L. Masseo attended on behalf of the Catholic Family Counselling Centre (CFCC) in regard to
Clause 8 of the Development and Technical Services Committee report dealing with Zone Change
Application ZC 06/25/Q/SR (400 Queen Street South) and Clause 1 of the Heritage Kitchener report
dealing with Heritage Permit Application HPA 2006-V-018 (400 Queen Street South).
Mr. Masseo advised that the original plan for the building expansion was substantively changed as a
result of consultation with City staff, area residents and the Victoria Park Neighbourhood Association.
He noted that the site is severely constrained by a portion of the Schneider Creek Floodplain, limiting
opportunity for any addition. The proposed location meets zoning requirements with the exception of
technical issues related to the floodplain. In this regard, he advised that on review of the application,
the Grand River Conservation Authority is satisfied with the proposal and has issued a permit for its
construction. He added that Heritage Kitchener has recommended approval of the Heritage Permit
Application required as the property is located within the Victoria Park Heritage Conservation District.
He stressed that the proposed location is the only place on the site where an addition can be
achieved on the ground floor because of the floodplain, and it adequately addresses planning,
heritage and Official Plan policies. The addition will provide for storage as it relates to activities to the
adjacent conference room, as well as expansion of both the conference room and administrative
offices. An outer access door into the storage area is required for ease of transferring bulk materials
and equipment to and from the storage area in conjunction with use of the conference room. He
commented that perception of a rear addition is residual from the original plan but in fact, the
proposed location is along the side yard. He stated that the distance between the addition and the
closest residence on Hilda Place, measured from corner to corner, is approximately 27.7 ft. and will
not block views or sunlight to adjacent residential properties. He added that it was his opinion the
one-storey addition will benefit the neighbours by softening the impact of the existing three-storey
wall.
Mr. Masseo responded to a number of questions, advising that there is no room for the addition along
Queen Street, noting issues of access to service delivery and emergency vehicles. It was noted that
arrangements have been made to lease a number of off-site parking spaces to meet zoning
requirements and a new storm sewer is proposed in the location of the addition to address drainage.
When measured property line to property line, there is a 3m separation distance to the closest
residential property, which conforms to zoning. An explanation was provided as to the configuration
of the subject property as it relates to side and rear yards. It was noted that the 7.5m rear yard
setback is not applicable as the addition is adjacent to a side yard and a larger setback cannot be
achieved because of the constraints on the site relative to the floodplain. Mr. Masseo advised that a
proposed window beside the door could be eliminated without difficulty; however, it was noted that
the CFCC would not be able to use the storage room as intended without the outer access door. He
pointed out that the door would not be used on a daily basis but rather only when a substantive
function is being held. In regard to a proposed 6 ft. fence, Mr. Masseo commented that it will provide
some privacy to adjacent properties, as well as prevent persons from cutting through the residents'
back yards to access Victoria Park. It was noted that a fence was to have previously been installed
on the subject property but was not completed because of concerns raised by the adjacent property
owner in regard to removal of a tree. Mr. Masseo acknowledged that an 8 ft. fence could be required
COUNCIL MINUTES
MARCH 19, 2007 - 56 - CITY OF KITCHENER
through the site plan approval process and advised that CFCC is willing to work with area residents
toward an acceptable fence treatment. Concerns were raised with regard to snow storage and Mr.
Masseo advised that where snow is stored on the property is at a lower level than the residential
properties. He suggested that this is not an issue, nor would it be an issue with the new addition. It
was also noted that as part of the site plan approval process, CFCC is required to provide a Letter of
Credit which would not be released until all work has been completed in accordance with approved
plans.
Ms. Therese Beaupre spoke in opposition to the proposal on behalf of her mother, who's property is
closest to the proposed addition. She raised concerns that the addition is too big and while legally
permissible, a 3m distance is not appropriate. She maintained that the 6 ft. fence would not protect
her mother's privacy as the bottom of the dining room window is at 5 ft., suggesting those in the
addition would be able to see into her window through to the back of the house. She asked that if
approved the setback be changed to 7.5m and the fence height to 8 ft. Ms. Beaupre responded to
questions, noting that even without the addition there is a lot of traffic on the subject property and was
of the opinion that while the fence would be a visible barrier it would not add to their privacy with all
activities that happen on the other side. She stated that dialogue between residents and CFCC is not
happening without intervention of the Ward Councillor. A meeting was held in the summer of 2006 at
which their concerns regarding the proposal, as well as issues related to loitering and vandalism were
made known and a letter of objection containing 70 signatures was sent to the City in December 2006
in response to the proposal.
A representative of the CFCC provided explanation of the reasons for placing the addition in the
proposed location, advising that the storage room, conference room and administrative offices are all
functionally inter-related and it was not feasible to move any single component elsewhere.
Ms. Jazmine Muller-Germann, area resident, spoke in opposition to the proposal raising similar
concerns related to the size and location of the building, as well as loitering and vandalism and
intrusion of privacy. She noted that new elements of the proposal have been introduced being the
outer access door and a sidewalk, suggesting that a second access will increase outside traffic. It
was her opinion that an 8 ft. fence would not help to address existing security issues and CFCC was
not being a good neighbour in that they were not listening to, nor trying to mitigate, their concerns.
Ms. Lana Ross, area resident, advised that she owns a heritage property on Hilda Place and also
raised similar concerns regarding security issues, intrusion of privacy and loss of sunlight. She
suggested that the proposed expansion will put heritage homes at risk and expressed concerns that
CFCC was not willing to consider alternatives.
On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 8 of the Development
and Technical Services Committee report dealing with approval of ZC 06/25/O/SR (400 Queen Street
South -Catholic Family Counselling Centre) was brought forward for consideration.
Ms. Sheryl Rice, Development Administrator, and Mr. Brian Page, Supervisor of Site Development,
reviewed illustrations of the subject property and surrounding neighbourhood, commenting on
aspects of the location, height and impact of the proposed addition and fence, as well as required
landscaping.
Following discussion, Councillor C. Weylie accepted a friendly amendment to the motion to provide
that, as part of the site plan approvals, provision be made to include a 2.44m (8 ft.) privacy fence
along all side yards and the rear yard abutting neighbouring residential properties.
Several members of Council spoke in support of the proposed expansion as it was their opinion the
location was appropriate for the proposed use and the quality of the building would improve the
streetscape, as well as enhance the services of CFCC to the benefit of the community. CFCC was
encouraged however, to work toward building a good relationship with its neighbours through ongoing
dialogue with area residents to resolve issues of concern. Councillor C. Weylie advised that she
would be willing to work with CFCC and area residents as the proposal moves through the site plan
approval process.
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MARCH 19, 2007 - 57 - CITY OF KITCHENER
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That Clause 8 of the Development and Technical Services Committee report dealing with
approval of ZC 06/25/Q/SR (400 Queen Street South -Catholic Family Counselling Centre),
be adopted, as amended, to delete the deferral paragraph and to include provision fora 2.44m
(8 ft.) privacy fence along all side yards and the rear yard abutting neighbouring residential
properties."
Moved by Councillor J. Gazzola
Seconded by Councillor G. Lorentz
Carried Unanimously by all members present.
"That Clause 1 of the Heritage Kitchener report dealing with approval of Heritage Permit
Application HPA 2006-V-018 (400 Queen Street South), be adopted."
Councillor J. Gazzola commented that Heritage Kitchener had reviewed the Heritage Permit
Application on at least two occasions and had found nothing within their mandate that would justify
refusal of the application.
Carried Unanimously by all members present.
Ms. L. Stecho, Manager of Purchasing, was in attendance with respect to the tenders listed on the
Committee of the Whole agenda. Ms. Stecho circulated Financial Services Department report FIN-
07-032 (L. Gordon), requesting consideration of an additional Tender T07-029 dealing with the Lower
Laurel Creek Slope Stabilization.
Mr. D. Mansell, Director of Engineering, responded to questions concerning Tender T07-001
(Concrete Curb and Sidewalk Construction) and agreed to provide Council with a comparison
between the City's estimated cost and the tendered price.
Mr. T. Doering, Supervisor of Golf Course Grounds, responded to questions concerning Quotation
Q07-004 (Golf Cars) and agreed to provide Council with additional information as to what the balance
of funding in the Golf Car Replacement account would be used for.
Councillor G. Lorentz inquired if the replacement cars to be purchased would all be electric. Mr.
Doering advised that only those cars purchased for Rockway Golf Course will be electric as the Doon
Valley Golf Course does not have facilities for recharging electric cars. Councillor Lorentz suggested
that staff investigate if the remaining funding in the replacement account is sufficient to purchase
recharging equipment for Doon Valley Golf Course. Councillor B. Vrbanovic suggested that approval
of the Quotation be deferred pending a report from staff as to the feasibility of equipping Doon Valley
Golf Course to allow the purchase of electric cars.
Moved by Councillor B. Vrbanovic
Seconded by Councillor G. Lorentz
"That awarding of Quotation Q07-004 (Golf Cars) be deferred to the April 2, 2007 special
Council meeting, pending additional information from staff regarding the feasibility of
equipping Doon Valley Golf Course for use of electric cars."
Carried.
Moved by Councillor J. Smola
Seconded by Councillor B. Vrbanovic
"That Tender T07-001, Concrete Curb and Sidewalk Construction, be awarded to 410754
Ontario Limited, ola Sousa Concrete, Branchton, Ontario at their tendered price of
$1,118,982.11, including provisional items and contingency of $23,370. and G.S.T.; and
further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
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MARCH 19, 2007 - 5$ - CITY OF KITCHENER
-and-
"That Tender T07-004, Heins Avenue (Jubilee Drive to Joseph Street) Road Reconstruction,
be awarded to J. Weber Contracting Limited, Breslau, Ontario at their tendered price of
$680,680., including provisional items and contingency of $75,955. 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 T07-029, Lower Laurel Creek Slope Stabilization, be awarded to Cambridge
Landscaping INC., Cambridge, Ontario at their tendered price of $372,665.68, including
provisional items and contingency of $96,400.00 and G.S.T.; and,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor; and further,
That the Mayor and Clerk be authorized to execute Access Agreements, satisfactory to the
City Solicitor, which either permit the City to access land for the purposes of carrying out work
on public or private lands or permit property owners to access City lands for the purposes of
carrying out works on municipally owned land or on adjacent private lands."
Carried.
JoAnn Hutchison, Facilitator, provided an overview of Earth Day 2007 celebrations, highlighting a
four-day action plan with themes including: climate change; air quality; litter pickups; water quality;
and natural areas /wildlife habitats. In response to questions, Ms. Hutchison advised that the Region
of Waterloo undertakes its own Earth Day event programs but does set up displays at City events as
opportunity arises.
Hilary Cole, Chair, Kitchener Youth Action Council (KYAC), together with Nicki Ross and Andrea
Santi, provided an overview of KYAC's activities and initiatives during its first 10 years. KYAC is a
group of young volunteers who act as a voice for Kitchener youth and bring awareness to issues that
affect youth. The delegation invited those present to submit nominations of outstanding youth,
advising that the 10th Annual KYAC Youth Awards would be held May 9, 2007 at the City Hall
Rotunda.
Laurie Strome and Brent Thomlison, Municipal Partnership Committee of the Community Safety and
Crime Prevention Council of Waterloo Region (CS & CPC), presented an overview of their activities,
noting that the group's mandate is to educate and build awareness around safety and crime
prevention within community, businesses, agencies and municipal government. It was noted that in
November 2005, the group hosted an event for all municipal Councillors who were introduced to `The
Key to Safer Municipalities', a toolkit which demonstrates the specific role of municipalities in
preventing violence and crime in our communities. Mr. Thomlison advised that in 2006 a Municipal
Partnership Committee was formed to pursue areas of public interest as they relate to crime
prevention. Ms. Strome circulated a DVD with reference materials that support crime prevention and
advised that formal invitations will be forthcoming to Council regarding the 29th Annual Justice Dinner
to be held April 19, 2007 and a Municipal Summit planned for June 14, 2007.
Moved by Councillor C. Weylie
Seconded by Councillor J. Gazzola
"That the report of the Development and Technical Services Committee be adopted."
At the request of staff, it was agreed to amend Clause 7 of the report dealing with Municipal Plan
Amendment MP 06/05/V/AP (751 Victoria Street South), to correct a typographical error by changing
the Special Policy No. from 42 to 44.
The report was then voted on Clause by Clause.
Clause 7 -Carried, as Amended.
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MARCH 19, 2007 - 59 - CITY OF KITCHENER
Clause 8 - Dealt with under Delegations and
Carried Unanimously, as Amended,
by all members present.
Balance of report -Carried.
On motion by Councillor B. Vrbanovic, seconded by Councillor J. Gazzola, the Finance and
Corporate Services Committee report (meeting of January 29, 2007) regarding the 2007 Water and
Sewer Budgets and Rates, was brought forward for consideration. It was noted that this matter was
deferred from the February 26, 2007 Council meeting, pending finalization of the Region of Waterloo
rates and the long term impact the Region's rates will have on the City of Kitchener.
Council considered this date Financial Services Department report FIN-07-039 (D. Chapman),
concerning additional information regarding the 2007 Water and Sewer Budgets and Rates.
At the request of Ms. P. Houston, General Manager of Financial Services and City Treasurer, it was
agreed to amend the report by deleting Clause 1 and replacing it with the recommendation contained
in report FIN-07-039 to reflect revised budget amounts based on a new effective date of April 1, 2007.
Councillor J. Gazzola inquired if staff had considered lowering the City's rate in view of the Region
lowering its projected sewer rates from 19.9% to 14%. Ms. Houston advised that staff continue to
support the original recommended rate increases as it ensures that the impact of the significant
Regional rate increases are not deferred, resulting in a compounded impact on City ratepayers over
subsequent years. She added that in doing so the City will also be in a position to achieve a net
operating break-even point this year as opposed to a deficit.
Councillor Gazzola advised that he would not support the motion as it was his opinion the City's rate
increases were too aggressive, suggesting that an increase of 5-6% would still allow all commitments
to be met. He added that the issue of storm water run-off should be investigated and taken into
account when considering water and sewer rates.
Councillor B. Vrbanovic noted that the City has been able to achieve lower retail rates than the
Region through prudent forecasting and suggested that the recommended approach is better than
continued increases in the deficit. He agreed that storm water run-off should be investigated but it
was his opinion it would require a cost benefit analysis to determine the merit in mitigating run-off as
opposed to treating it.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Smola
"That the report of the Finance and Corporate Services Committee (meeting of January 29,
2007), as amended, be adopted."
A recorded vote was requested.
In Favour: Councillors G. Lorentz, J. Smola, K.
Galloway, B. Vrbanovic and C. Weylie.
Contra: Councillor J. Gazzola
Absent: Mayor C. Zehr
Motion Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Smola
"That the report of the Finance and Corporate Services Committee (meeting of March 5, 2007),
be adopted."
Carried.
COUNCIL MINUTES
MARCH 19, 2007 - 60 - CITY OF KITCHENER
Moved by Councillor B. Vrbanovic
Seconded by Councillor C. Weylie
"That the report of the Environmental Committee be adopted."
Moved by Councillor J. Gazzola
Seconded by Councillor G. Lorentz
"That the report of Heritage Kitchener be adopted."
Carried.
Voted on Clause by Clause.
Clause 1 - Dealt with under Delegations and
Carried Unanimously by all members present.
Clause 2 -Carried.
Councillor B. Vrbanovic referred to a recent news article on the issue of increasing the size of Council
which incorrectly suggests that this issue is not on the agenda for the current Council. He pointed out
that this issue has been identified in Council's Strategic Plan as a priority for early in 2007 and a
report is anticipated to come forward in May /June 2007 as to the process and timelines to consider
revisions to ward boundaries, as well as the size of Council.
Councillor Vrbanovic asked that in light of the Federal Budget which includes continuation of gas tax
transfers to municipalities over an additional four years, that staff provide options for capital project
expansion at the April 16 Finance and Corporate Services Committee annual budget meeting. He
also asked that staff look at the structure of the City of Toronto's Atmospheric Fund relative to their
investigations of establishing an environmental fund and that they consider the impact of introducing
an additional $5M in year 2 of the environment fund subject to matching contributions from the
community.
Councillor J. Gazzola made reference to previous discussions concerning flexibility in the Centre
Block Request For Proposals (RFP) process to bring forward all proposals considered to have merit
as opposed to just two finalists; as well as identifying all proponents. Mr. R. Regier, Executive
Director of Economic Development, advised that the Centre Block Evaluation Committee has not yet
made a final decision but have consulted with the Fairness Advisor who suggests that they should
follow the Terms of Reference as set out to maintain integrity of the process. He noted that the
interview process has been slightly delayed requiring minor adjustments in the timetable but
anticipates a decision coming forward within close proximity of the original timetable.
Councillor Gazzola then referred to the proposed construction of a pedestrian bridge over the Grand
River. He noted that in 2005 area residents had asked that an alternate location (known as Site 5) be
investigated but Council was advised that it would cause significant delays. He pointed out that the
project has not proceeded to date and asked as to the potential to pursue the alternative site at this
point in time. Ms. A. Pappert agreed to report to a future Committee meeting with an update on this
project.
Councillor G. Lorentz expressed concerns with the Region of Waterloo's proposed composting
program in which only 50 persons throughout the Region will be eligible to participate and receive a
free compost bin. Councillor K. Galloway advised that she would follow up with the Region in this
regard but noted that the Region has also embarked on a Green Bin pilot project, supplying free
containers and promotional materials to all local participants.
Council agreed to a request of Mr. R. Gosse, City Clerk, to add four additional by-laws for three
readings this date, being a by-law to adopt a Municipal Plan Amendment and Zone Change for 751
Victoria Street South (Tanem Developments Limited), relative to Clause 7 of the Development and
Technical Services Committee report; a Zone Change for 400 Queen Street South (Catholic Family
Counselling Centre), relative to Clause 8 of the Development and Technical Services Committee
report; and a Part Lot Control By-law to exempt certain lots on Doon Mills Drive.
COUNCIL MINUTES
MARCH 19, 2007 - 61 - CITY OF KITCHENER
Moved by Councillor C. Weylie
Seconded by Councillor J. Smola
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor
vehicles on private property.
(b) To further amend By-law 88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon.
(c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off-
street parking of vehicles for use by physically handicapped persons, and the issuing of
permits in respect thereof.
(d) Being a by-law to exempt certain lots from Part Lot Control -Part Block 4, Registered Plan
58M-19 - Hackberry Street.
(e) Being a by-law to exempt certain lots from Part Lot Control -Block 165, Registered Plan
58M-331 -Colton Circle.
(f) Being a by-law to change the name of part of Glasgow Street to Countrystone Place in the
City of Kitchener.
(g) Being a by-law to change the name of part of Glasgow Street to Countrystone Drive in the
City of Kitchener.
(h) Being a by-law to provide for the establishing and laying out of part of Countrystone Drive
and Countrystone Place as public highways in the City of Kitchener.
(i) 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.
(j) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement.
(k) To confirm all actions and proceedings of the Council.
(I) Being a by-law to adopt Amendment No. 66 to the Municipal Plan -City of Kitchener -
Downtown Design Policies.
(m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Tanem Developments Ltd. - 751 Victoria St S.
(n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener -Catholic Family Counselling Centre - 400 Queen Street South.
(o) Being a by-law to exempt certain lots from Part Lot Control -Part Block 1, Registered Plan
58M-295 - Doon Mills Drive.
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and
Acting Mayor K. Galloway appointed Councillor B. Vrbanovic as Chair.
On motion, the Council rose from the Committee of the Whole and Acting Mayor K. Galloway
occupied the Chair.
COUNCIL MINUTES
MARCH 19, 2007 - 62 - CITY OF KITCHENER
Moved by Councillor B. Vrbanovic
Seconded by Councillor C. Weylie
"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 J. Smola
"That the by-laws listed on the agenda for third reading, namely:
(a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor
vehicles on private property.
tBy-law No. 2007-47)
(b) To further amend By-law 88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon.
tBy-law No. 2007-48)
(c) To further amend By-law 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. 2007-49)
(d) Being a by-law to exempt certain lots from Part Lot Control -Part Block 4, Registered Plan
58M-19 - Hackberry Street.
tBy-law No. 2007-50)
(e) Being a by-law to exempt certain lots from Part Lot Control -Block 165, Registered Plan
58M-331 -Colton Circle.
tBy-law No. 2007-51)
(f) Being a by-law to change the name of part of Glasgow Street to Countrystone Place in the
City of Kitchener.
tBy-law No. 2007-52)
(g) Being a by-law to change the name of part of Glasgow Street to Countrystone Drive in the
City of Kitchener.
tBy-law No. 2007-53)
(h) Being a by-law to provide for the establishing and laying out of part of Countrystone Drive
and Countrystone Place as public highways in the City of Kitchener.
tBy-law No. 2007-54)
(i) 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. 2007-55)
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MARCH 19, 2007 - 63 - CITY OF KITCHENER
(j) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement.
(k) To confirm all actions and proceedings of the Council.
tBy-law No. 2007-56)
tBy-law No. 2007-57)
(I) Being a by-law to adopt Amendment No. 66 to the Municipal Plan -City of Kitchener -
Downtown Design Policies.
tBy-law No. 2007-58)
(m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Tanem Developments Ltd. - 751 Victoria St S.
tBy-law No. 2007-59)
(n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener -Catholic Family Counselling Centre - 400 Queen Street South.
tBy-law No. 2007-60)
(o) Being a by-law to exempt certain lots from Part Lot Control -Part Block 1, Registered Plan
58M-295 - Doon Mills Drive.
tBy-law No. 2007-61)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 9:35 p.m.
MAYOR CLERK
COUNCIL MINUTES
MARCH 19, 2007 - 64 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE -
1. That 2006 Community Environmental Improvement Grants, to be funded from the
Environmental Stewardship Capital Account, be awarded as follows: $500 to the Freedom in
Christ Pentecostal Assembly; $1,000 to Driftwood Park Public School; $1,000 to Monsignor
Haller School; $1,000 to St. Daniel Catholic School; $1,000 to St. Anne's School; $1,000 to St.
Bernadette Catholic Elementary School; and the remaining $4,200 be prorated for distribution
as part of the 2007 Community Environmental Improvement Grants.
2. That the City of Kitchener recognizes the public's growing concern regarding the use of
pesticides, involuntary exposure and the potential effect on the health of humans and other
non-target species; and,
That continuing public education must remain a key initiative in efforts to encourage the
reduction of the non-essential use of pesticides in our community; and,
That the City continues to participate in cost-sharing with 50% by area municipalities and 50%
by the Regional Municipality of Waterloo, and approve the request of the Region for a financial
contribution in the amount of $14,462.78 for 2007, Year 4 of the cost-shared community-based
social marketing (CBSM) campaign; and further,
That Kitchener's contribution be contingent upon cost-sharing by all area municipalities.
3. That a raised pedestrian crosswalk with curb extensions be installed on Chopin Drive at the
existing School Crossing location, immediately in front of AR Kaufman Public School; and,
That an all-way stop be installed at the intersection of Chopin Drive and Hazelglen Drive, and
further;
That the Uniform Traffic Control By-law be amended accordingly.
4. That the "Sportsworld Crossing -Urban Design Guidelines" be endorsed as effective
guidelines to establish the conceptual vision for the development at 100 Sportsworld Drive and
4278 & 4336 King Street East, and to inform the site plan review process.
5. That Development and Technical Services Department report DTS-07-013 be submitted to the
Regional Municipality of Waterloo in fulfilment of Clause 22.1 of the Administrative Agreement
between The City of Kitchener and the Regional Municipality of Waterloo regarding delegated
authority.
6. That a Growth Management Task Force be established to work with staff on the preparation of
a Growth Management Strategy, with a terms of reference for this task force to be considered
at a future meeting of the Development and Technical Services Committee; and,
That the Growth Management Strategy be presented to the Development and Technical
Services Committee for consideration at its December 3, 2007 meeting; and further,
That staff prepare the traditional Staging of Development Report for the remainder of 2007, to
prioritize potential Greenfield development, to be considered by the Development and
Technical Services Committee at its June 18, 2007 meeting.
7. That Municipal Plan Amendment Application MP 06/05/V/AP (751 Victoria Street South -
Tanem Developments Ltd.) be approved, as follows:
(a) That the following Special Policy 44 be added to Part 3, Section 12 of the Municipal
Plan:
44. Notwithstanding the Medium Rise Residential designation, on lands municipally
known as 751 Victoria Street South, retail uses shall be permitted; and,
COUNCIL MINUTES
MARCH 19, 2007 - 65 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) -
7. Cont'd
(b) That Map 8 in the Municipal Plan be amended to include Special Policy 44, as shown
on Schedule A attached to Development and Technical Services Department report
DTS-07-035; and further,
That Zone Change Application ZC 06/15/V/AP (Tanem Developments, 751 Victoria Street
South) requesting a change in zoning from Commercial Residential Two (CR-2) with Special
Use Provision 191 U to Commercial Residential Two (CR-2) with Special Use Provision 191 U
as revised, on lands legally described as Registered Plan 1319, Block A, be approved, in the
form shown in the "Proposed By-law", dated March 5, 2007, distributed at the March 5, 2007
Development and Technical Services Committee meeting.
(As Amended)
8. That Zone Change Application ZC 06/25/Q/SR (400 Queen Street South -Catholic Family
Counselling Centre) for the purpose of changing the zoning from Existing Use (E-1) with
Special Use Provision 2740 and Commercial Residential Two (CR-2) with Special Regulation
Provisions 1 R and 163R to Existing Use (E-1) with Revised Special Use Provision 2740 and
Special Regulation Provision 460R and Commercial Residential Two (CR-2) with Special
Regulation Provisions 1 R, 163R and 460R to permit:
1) an addition to an existing office building where a portion of the addition is located within
E-1 zoned lands,
2) to permit a parking reduction for an office building from a minimum of 79 to 71 parking
spaces,
3) to locate a portion of the required off-street parking on another lot which is within
Hazard Land Zone (P-3) and such parking requirement to be registered on title of the
property known as 400 Queen St S, on lands legally described as Part of Lots 168 169
170 171 & 172 ;Subdivision of Lot 17, German Company Tract; and Part of Lot 11, Plan
58 in the City of Kitchener, be approved in a form shown in the `Proposed By-law' dated
February 16, 2007, attached to Development and Technical Services Department report
DTS-07-001, without conditions; and further,
That the site plan to be approved for 400 Queen Street South be based on the concept plans
and drawings generally in accordance with those appended to Development and Technical
Services Department report DTS 07-001 and to include provision fora 2.44m (8 ft.) privacy
fence on the subject property along all side yards and the rear yard which abut neighbouring
residential properties.
(Dealt with under Delegations and Carried Unanimously, as Amended, by all members
present)
FINANCE AND CORPORATE SERVICES COMMITTEE (meeting of January 29, 2007) -
1. That the municipal enterprise budgets for the Waterworks and Sanitary Surcharge utilities be
approved as follows for 2007 ($000's):
Revenues Expenses Surplus/(Deficit)
Waterworks $26,914 $26,933 ($19)
Sanitary Surcharge $25,646 $24,905 $741; and further,
That, effective April 1, 2007, the water rate be set at $1.1827 per cubic metre and the sewer
rate be set at $1.1920 per cubic metre.
(Carried, as Amended, on a recorded vote)
COUNCIL MINUTES
MARCH 19, 2007 - 66 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND CORPORATE SERVICES COMMITTEE (meeting of March 5, 2007) -
1. That notwithstanding Council's resolution of February 5, 2007, the recommendations contained
in Chief Administrator's Office Report CAO-07-002 (End of Mandatory Retirement) be deferred
to the April 2, 2007 Finance & Corporate Services Committee meeting, pending further
review by staff as to the feasibility of providing a spending plan similar to senior management
for those employees who choose to work beyond age 65.
2. That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit
Festival Association of Kitchener-Waterloo for an event to be held on June 8-10, 2007 at 1548
Fischer-Hallman Road East, Kitchener; and further,
That this event be declared a "Community Festival" for the purpose of applying for a liquor
licence, since this is a traditional Portuguese celebration of their heritage and promotes unity
and understanding within our community.
3. That the 32"d Kitchener Scouts group, be approved to operate a refreshment stand at the
annual Country Hills Recreation Association Family Fun Day on April 22, 2007 at 100
Rittenhouse Road, provided the necessary licence, including Health and Fire approvals, is
obtained.
4. That in conjunction with the Multicultural Festival and all activities connected therewith, to be
held at Victoria Park on Saturday, June 23 and Sunday, June 24, 2007, the period of June 23
to July 1, 2007 inclusive, be declared a period of Civic Celebration in the City of Kitchener and
that this event be considered a "Community Festival" within Kitchener; and further,
That the Kitchener-Waterloo Multicultural Festival Inc., be granted a Temporary Retail Market
Licence, provided that the necessary licence, including Health and Fire approvals, is obtained.
5. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the
Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161
Stirling Ave. S., Kitchener, on June 20, 2007.
6. That staff designated areas of Kiwanis Park be approved as sites to launch hot air balloons,
subject to the applicant applying for and meeting the City's policies for launching hot air
balloons; and further,
That permission to use Kiwanis Park for this purpose be approved on a trial basis until
December 31, 2007.
7. That Ms. Sabina Franzen be appointed Co-Chair of the Safe and Healthy Community Advisory
Committee, for a term expiring December 31, 2007.
8. That the 2006 Summary Drinking Water Report (FIN-07-025 / A. Mick), dated February 15,
2007 be accepted as per O.Reg. 170/03 Schedule 22 of the Safe Drinking Water Act; and
further,
That a copy of the Summary Drinking Water report be provided to the Township of Woolwich,
as required by Schedule 22 of O.Reg. 170/03.
9. That the following recommendation contained in Chief Administrator's Office report CAO-07-
008 (Downtown Advisory Committee Recommendation -King Street Improvement Priority) be
deferred to a future Finance and Corporate Services Committee meeting to be considered
in conjunction with the Streetscape Master Plan:
"That the City of Kitchener prioritize King Street improvements in accordance with the
proposed Streetscape Master Plan, specifically that the improvement to lighting,
sidewalks & plantings for King Street from Frederick Street to Victoria Street be
implemented expeditiously in 2008."
COUNCIL MINUTES
MARCH 19, 2007 - 67 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND CORPORATE SERVICES COMMITTEE (meeting of March 5, 2007) - (Cont'd)
10. That the Financial Report as of December 31, 2006, as attached to Financial Services
Department report FIN-07-038, be received for information.
11. That the General Manager of Development and Technical Services be delegated the authority
to approve exemptions to the provisions of Article 450.6.1 of Chapter 450 (Noise) of the City of
Kitchener Municipal Code, with respect to construction projects within a public highway, in
circumstances where the timing warrants approval prior to the next scheduled Council meeting;
and further,
That the Ward Councillor be provided advanced notification prior to the General Manager of
Development and Technical Services approving such an exemption.
12. That purchase orders be issued for consulting, air quality monitoring, engineering and
analytical testing relative to Tender 06-073 (Site Remediation, 44 Gaukel Street) in the amount
of $2,148,035.05 (excluding GST), consisting of the following:
Frontline Environmental Management Inc. $1,130,209.25 (excluding GST);
MTE Consultants Ltd. $1,017,825.80 (excluding GST).
ENVIRONMENTAL COMMITTEE -
1. That Mr. Claude Schneider be appointed Co-Chair of the Environmental Committee for a term
expiring November 30, 2008.
HERITAGE KITCHENER -
1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA
2006-V-018 (400 Queen Street South) be approved, to permit the construction of a rear
addition to the existing office building.
(Dealt with under Delegations and Carried Unanimously by all members present)
2. That the Federal Ministers of Finance and Canadian Heritage and Status of Women and the
Provincial Ministers of Finance and Culture, be requested to include financial incentives in their
2007 Budgets which would encourage private sector investment in the rehabilitation of historic
places; and further,
That this motion be circulated to the Prime Minister of Canada, the Premier of Ontario, all
Members of Provincial Parliament representing ridings within the Regional Municipality of
Waterloo, the Association of Municipalities of Ontario, the Federation of Canadian
Municipalities and all local area municipalities.
COUNCIL MINUTES
MARCH 19, 2007 - 6$ - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS LISTED ON THE AGENDA - 2ND READING -
Pursuant fo the Murricipal Acf, 2001, a Notice of lnfenfion fo consider enactment Phis date of
two by-laws fo rename portions of Glasgow Sfreef fo Counfrysfone Place and Counfrysfone
Drive respectively, was published in The Record on March 10, 2007.
On invitation, no delegations came forward in regard to the by-laws pertaining to renaming of
portions of Glasgow Street.
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. Committee of Adiustment Decision
Council considered minutes and other background information from D. Gilchrist,
Secretary-Treasurer, Committee of Adjustment, regarding a meeting held February 20,
2007.
It was resolved:
"That the application of Jim Tsiloyannis (FN 2007-001 - 48 King Street West)
requesting permission to erect a projecting sign made of canvass whereas the Sign By-
law only permits projecting signs to be made of wood or metal, on Part Lot 5, Plan 383
& Part Lots 2 & 7, Plan 401, being Part 1, Reference Plan 58R-6201, 48 King Street
West, Kitchener, Ontario, BE APPROVED."
2. Tenders
Dealt with under Delegations.