Loading...
HomeMy WebLinkAboutCouncil - 2007-12-10COUNCIL MINUTES DECEMBER 10, 2007 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held November 26, 2007 and special meetings held November 26 and December 3, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. At the request of Councillor J. Gazzola, Mr. G. Murphy, Director of Engineering, agreed to provide additional information in respect to Expression of Interest E07-080 (Consultant Services -Duke Street) as to what the funds already expended relate to. Mr. Murphy also agreed to arrange a neighbourhood public meeting in respect to Expression of Interest E07-083 (Consultant Services - Vanier Drive). Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Expression of Interest E07-080, Consultant Services -Duke Street (Cedar Street to Pandora Avenue) be awarded to Planning & Engineering Initiatives Ltd., Kitchener, at their estimated fee of $136,108.24, including a contingency of $11,050. 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 Expression of Interest E07-083, Consultant Services -Vanier Drive (Siebert Avenue to Shelley Drive), be awarded to The Walter Fedy Partnership, Kitchener, at their estimated fee of $147,581., including a contingency of $12,657. 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 Proposal P07-052, Corporate Central Alarm Monitoring System, be awarded to GE Security Canada, Waterloo, Ontario, at their proposed price of $174,331., including P.S.T. & G.S.T., plus an annual maintenance cost of approximately $17,500. per year, subject to a satisfactory contract being negotiated; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Councillor K. Galloway circulated this date a revised motion to replace Clause 2 of the Development and Technical Services Committee report with respect to issues concerning non-compliant corner lot fences. Mr. Peter Fitzgerald, resident, requested that a decision not be made this date in respect to Councillor Galloway's motion to allow members of the public further opportunity to comment and put forward their ideas. He raised concerns with respect to the required setback for corner lot fences and the loss of property it represents, noting that other municipalities such as the City of Waterloo, permit Om setbacks. He commented that the fences are necessary for privacy and asked that the City COUNCIL MINUTES DECEMBER 10, 2007 - 313 - CITY OF KITCHENER investigate a permit system for fences with varying fees for varying setbacks as opposed to licensing fence and post hole companies. In response to questions, Mr. Fitzgerald stated that he did not know what it would cost to move his fence to comply with the Fence By-law, suggesting the value of the setback lands should be considered in the costs. He stated that the season would also have to be taken into consideration in respect to an appropriate timeframe in which to complete the work. He added that he believed his fence would be permitted to remain in its present location as it is a chain-link fence, rather than wooden, and there are no safety issues involved. Mr. Matt Weller, resident, attended in support of Councillor Galloway's motion and to answer any questions respecting the fence on his property which is the subject of an outstanding Committee of Adjustment application. He responded to questions, advising that beyond the value of the lands lost to the setback, relocation of his fence to comply would cost approximately $1,000. and he would not expect to have to undertake the work until Spring 2008. Mr. Craig Thibodeau, resident, stated that he considered his application to the Committee of Adjustment to be minor in nature as the distance differential from the required 13 ft. minimum setback from the nearest edge of the traveled portion of the road was just 3 ft. He advised that he was prepared to abide by Councillor Galloway's motion to bring resolution to his application. In response to questions, Mr. Thibodeau advised that it would cost approximately $1,500. to move his fence into compliance and was of the opinion an appropriate timeframe to complete the work would be by the end of Summer 2009. Ms. Joan Oleskevich, resident, raised concerns with respect to changes made by the City to the grading of the road allowance in front of her property on Old Mill Road. She pointed out that the City without consulting her or her neighbour placed large stones in the road allowance to delineate the neighbouring property, raising the grade of the road allowance by 4 ft. The result is that her 6 ft. fence is now only 2 ft. above the grade and raised concerns regarding the loss of security and privacy to her property. She suggested that in previous discussions with City staff regarding the extension of the neighbour's driveway into the road allowance, a verbal agreement had been reached wherein there was to be no changes to the road allowance. She asked that the stones be removed to ensure the road allowance is respected and that she be provided with written confirmation that her concerns would be addressed. As Ms. Oleskevich's concerns were unrelated to the issues concerning non-compliant fences on corner lots, Mayor C. Zehr requested and it was agreed, that Ms. Oleskevich meet with Ms. A. Pappert, General Manager of Community Services, to discuss her concerns and staff would report back to Council at a future date as to the outcome. Councillor K. Galloway then brought forward her motion, seconded by Councillor G. Lorentz, to amend Clause 2 of the Development and Technical Services Committee report by deleting the clause in its entirety and replacing it with a new clause comprised of 10 components. Councillor K. Galloway commented that the motion does not change current principles of the Fence By-law, citing precedent set by the Committee of Adjustment in August /September wherein approvals of Fence Variance Applications were granted subject to landscaping requirements. She stated that key to her motion is the requirement that there be no safety issues or traffic sightline problems with the fences and appropriate communication be provided to the public. Mr. M. May, Director of Communications, advised that a number of communication tools will be used to educate the community in respect to this motion, as well as regulations of the Fence By-law, noting that staff will partner with the media for immediate purposes and in the new year, do a target mailing to all corner lots in the City, followed by publications in Your Kitchener newsletter. Mr. J. Willmer commented on issues raised earlier by Mr. Fitzgerald. He stated that in regard to a system of varying fees for varying setbacks, it should be kept in mind as to what is considered an appropriate setback regardless of a fee and whether the variance to the required setback is appropriate or not. Mr. Willmer maintained that the by-law would not be effective unless enforced and it was his opinion it should be enforced. He added that there appears to be a misconception that the by-law was recently amended but pointed out that the by-law was last amended in 2003 to provide for reduced setbacks on corner lots. Mr. Willmer further stated that the by-law treats all lots the same in respect to privacy fences, and it is staff who have made a distinction between wood and non-wood COUNCIL MINUTES DECEMBER 10, 2007 - 314 - CITY OF KITCHENER materials in giving advice on variance applications as to whether it is appropriate to approve the application or not. Mr. Willmer advised that the value of a corner lot is based on ability to accommodate a certain size of house and they tend to sell for less as they do not appeal to as many in the buying market. He stated that while he did not have specifics of the Committee of Adjustment approval cited by Councillor Galloway, given the examples are dated in August /September it was his expectation that the approvals granted related to chain-link or wrought iron fences and did not apply to wooden fences. Councillor Galloway advised that Mr. Willmer was correct in respect to the examples given but noted previous approvals for wooden fences in 2005 and 2006, questioning what changed in respect to the direction taken by the Committee of Adjustment in 2007. Mr. Willmer stated that staff became more aware of a proliferation of non-compliant corner lot fences and to take no action would leave the impression it is okay to build fences in this manner. He advised that staff through increased efforts were successful in making a case to the Committee of Adjustment which resulted in the change in direction. In respect to landscaping on lots having anon-compliant Om setback, Councillor Galloway clarified that the intent would be for the homeowner to provide a vine covering. Mr. Willmer commented that if directed, staff would implement the requirements of the motion and look for any efficiencies that will make the transition easier for both the homeowner and staff. Mr. May advised that while challenging, staff have the capability to undertake the proposed mailing and he agreed to make use of all existing community newsletters to assist in the communication process. Mr. May commented that staff are in discussion with respect to the content of the pamphlet in regard to encompassing information on other by-laws rather than just the Fence By-law; but cautioned that this could be costly to provide to all households dependent on the size of the finished product. He advised that a report will come forward to Council at a future date in respect to associated costs. At the request of Councillor B. Vrbanovic, Councillor K. Galloway agreed to amend the motion by adding to paragraph 9 provision for staff to also investigate the feasibility of a fence permit system, with the subsequent report to provide pros and cons of both a permit system and licensing system. At the request of Councillor G. Lorentz, Councillor Galloway agreed to amend the motion by adding to paragraph 8 provision for staff to work with real estate agents in addition to developers and builders to build community awareness. Mayor C. Zehr referred to a newspaper article that suggested a homeowner had contacted the City and was told that everything was okay in respect to the property they wished to purchase. Mayor Zehr stated that it was his understanding that while staff may advise that there are no outstanding non-compliant matters in respect to a property, there may still be potential for a fence on the property to be non-compliant in that, no complaints have been filed and therefore, there are no records on file to alert staff. Ms. L. MacDonald advised that his understanding is correct and added that checking with the City is an elective process usually undertaken by those who represent the purchaser but with the advent of Title Insurance such inquiries are becoming less frequent. Mayor Zehr questioned if it was the intent to mail the proposed pamphlet to every household and Councillor Galloway advised that it was her intent that all households receive the pamphlet at some point as it is to include other information unrelated to fences that affect the whole of the community. At the request of Mayor C. Zehr, Councillor Galloway agreed to amend the motion by adding to the first line of paragraph 1, the word `existing' in front of the phrase `corner lot fences'. Councillor J. Gazzola advised that he could not support the majority of the recommendations as it was his opinion it brings into question all other by-laws, cautioning against making it too easy to ask for forgiveness after the fact. He commented that the majority has abided by the by-law and he was prepared to give sufficient time for those in non-compliance to correct the matter. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That Clause 2 of the Development and Technical Services Committee report of this date, dealing with issues related to non-compliant fences on corner lots, be amended by deleting the clause in its entirety and replacing it with the following: COUNCIL MINUTES DECEMBER 10, 2007 - 315 - CITY OF KITCHENER `That City staff be directed to exempt all existing corner lot fences which are not in compliance with the set-back provisions of the Fence By-law provided that the following requirements are met: a. each affected property owner is to submit an application by March 7, 2008 to the Planning Division for variance and pay a $100. application fee; b. there are no traffic safety issues or sight line problems; and, c. that an acceptable landscaping plan is submitted with the application; and, That the landscaping between the fence and the sidewalk or property line is to be completed in accordance with the approved landscaping plan, to the satisfaction of By-law Enforcement staff, by September 30, 2008 and maintained for the life of the fence; and, That if any work needs to be completed on City land and the fence or landscaping needs to be removed or gets damaged as a result, any necessary repair will be at the home owner's expense and the City assumes no liability for such repair; and, That staff are to communicate immediately with the public about the exemption of corner lot fences and follow-up early in 2008; and, That Fence Variance Applications FN 2007-007 (3 Mahogany Street), FN 2007-009 (501 Bridlewreath Court) and FN 2007-010 (78 Max Becker Drive) be granted provided they complete a landscaping plan and submit it to Planning staff; and, That any current applications for fence variance which have been deferred or have not yet been considered by the Committee of Adjustment be considered by the delegated staff; and, That effective March 8, 2008, the fee for corner lot fence variances return to the regular rate of $442.; and, That staff increase efforts to build community awareness of the regulations of the Fence By-law by working with developers, builders and real estate agents before they sell homes; staff to finalize the awareness pamphlet to be sent to every home in the City and will be distributed to all new homes by the Building Inspector; and, That staff report back to Council by March 1, 2008 regarding the feasibility of either licensing fence and post hole companies or implementing a permit process; and further, That staff bring forward a recommendation to amend the current Fence By-law in January 2008 to state the intent of the Fence By-law with regard to aesthetics."' Each paragraph of Clause 2 of the report, as amended, was then voted on separately, by a recorded vote. Paragraph 1 -Carried, on a recorded vote. In Favour: Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Mayor C. Zehr and Councillor J. Gazzola Paragraphs 2, 3, 4, 5, 6 & 10 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra: Councillor J .Gazzola Paragraphs 7, 8 & 9 -Carried Unanimously, on a recorded vote. Motion Carried. COUNCIL MINUTES DECEMBER 10, 2007 - 316 - CITY OF KITCHENER Mr. Scott Piatkowski, resident, attended in regard to Clause 14 of the Finance and Corporate Services Committee report concerning adoption of an Accountability and Transparency Policy. Mr. Piatkowski raised concerns with what he perceived to be an apparent failure on the part of the Accountability and Transparency Committee to pursue appointment of an Ombudsperson and creation of a Lobby Registry. Mayor C. Zehr pointed out to the delegation that there are several outstanding matters yet to be addressed by the Committee and a subsequent report, encompassing the issues raised this date, is anticipated to come forward in early 2008. He added that the recommendation this date deals only with mandatory items required to be completed by December 31, 2007. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 14 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Ms. Michelle Morrisetti, Cedar Hill Community Group, attended in support of Clause 8 of the Finance and Corporate Services Committee report concerning adoption of a by-law to regulate nuisances in public places and offered the Group's assistance to staff in formulating a protocol of diversion /referral for those who may be impacted by adoption of such a by-law. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 8 of the Finance and Corporate Services Committee report of this date be adopted." Carried Unanimously, on a recorded vote. Mr. Joerg Willig, resident, attended in opposition to Clause 3 of the Development and Technical Services Committee report concerning a Municipal Plan Amendment and Zone Change Amendment for the property at 342 Mill Street. Mr. Willig stated that at an information meeting held in March 2006, residents put forward a number of concerns related to traffic; size and density of the proposed development; compatibility to surrounding homes on Mill Street; safety issues; devaluation of existing properties; and potential for the units to be rented rather than owned. Residents had questioned why a highrise was being considered in addition to town homes and were advised by the developer that the original proposal was only for town homes but was refused by the City as a higher floor space ratio was being sought for this area. He advised that he had attended the December 3 Development and Technical Services Committee meeting at which time he provided a written submission of his concerns. He acknowledged receipt of a letter from City staff in which they convey their appreciation of the neighbours concerns regarding privacy; however, maintain the development contributes to safeguarding, provides a transitional buffer and fits within the existing neighbourhood. Mr. Willig advised that it was his opinion his questions were not properly answered and raised concerns with the conduct of a member of staff whom he approached after the meeting to ask further questions. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Mr. Joerg Willig be granted an exemption to sub-clause 5.5 (e) of Chapter 25 (Procedure) of the Municipal Code to permit him to exceed the maximum of 5 minutes to address Council in order to conclude his presentation." Carried. Mr. Willig raised other concerns with respect to the proposed development, including: the separation distance to homes on Mill Street; the maximum floor space ratio; number of town homes; removal of a cedar hedge; parking requirements for the development and overflow parking; impact to existing mature trees and road patterns; and, ability to back out of driveways safely at peak traffic times due to traffic volume increases. Mr. Willig asked the following: will the town homes be sold on an individual basis or rented; could the town homes be two-storey in keeping with those at 90 Woodside Avenue, with a target of .6 floor space ratio to reduce the size and number of town homes to better suit the neighbourhood; and, could the highrise be reduced to a 6-storey complex. Mr. Willig asked that the proposal be further COUNCIL MINUTES DECEMBER 10, 2007 - 317 - CITY OF KITCHENER considered prior to a final decision being made to allow consideration of a more suitable plan for the neighbourhood. Mr. J. Willmer, Director of Planning, advised that the City's desire for higher density on the subject lands is true. He pointed out that 90 Woodside Avenue is in a mixed residential area where there is opportunity for medium density (highrise) along Queen Street. The subject property on Mill Street is an interior lot where opportunity for a low density commercial residential designation, with CR-1 zoning, is considered acceptable. Secondly, the Mill Street property is a brownfield site and the business case demonstrates that it is more economically viable to develop the lands as proposed than to maintain an industrial zoning; and Mill Street is the best opportunity to accommodate apartments within this area. He further advised that the staff person approached by Mr. Willig, had advised him it may be more appropriate to speak with Transportation staff as his questions related to traffic issues and had offered, and attempted on several occasions without response, to arrange a meeting between Mr. Willig and appropriate staff to have his questions answered. Mr. Willmer advised that more than the minimum separation distance is being provided (7.1 m vs. 3m); the number of town homes was reduced from 36 to 34 and will act as a transitional buffer between the single homes on Mill Street and the highrise; parking requirements are being met, with visitor parking provided and to be signed appropriately; staff have no authority to require the units to be sold rather than rented and have only the developer's word that they will in fact be sold; the development is considered appropriately suited to the neighbourhood; new landscaping is to be provided and removal of the cedar hedge may be required to accommodate grading but has yet to be determined; and a traffic study was completed to address traffic concerns. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 3 of the Development and Technical Services Committee report of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted. At the request of Fire Chief T. Beckett, it was agreed to amend sub-clause c) of Clause 1 of the report, dealing with planning applications for the former Sims Estate, by deleting from Items 3 a) and c) the phrase `in accordance with NFPA 13R-2002', as this reference relates to sprinkler systems as opposed to alarm systems. At the request of staff, it was agreed to amend Clause 5 of the report dealing with housekeeping amendments to the City's Zoning By-law, by deleting Clause 19 (Utility Trailers in Residential Zones) from the draft by-law. The Development and Technical Services Committee report was then voted on Clause by Clause. Clauses 1 and 5 -Carried, as Amended. Clause 2 - Dealt with under Delegations and Carried, as Amended, on recorded votes. Clause 3 - Dealt with under Delegations and Carried. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Carried. COUNCIL MINUTES DECEMBER 10, 2007 - 31$ - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee (meeting of December 3, 2007) be adopted." Voted on Clause by Clause. Clause 8 - Dealt with under Delegations and Carried Unanimously, on a recorded vote. Clause 14 -Dealt with under Delegations and Carried. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee (special meeting of December 10, 2007) be adopted." Carried Unanimously, on a recorded vote. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Audit Committee be adopted." Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener (meeting of May 1, 2007) be adopted." Carried. At the request of staff, it was agreed to amend the report by removing all references to `787-811 Morrison Road (former Sims Estate, Chicopee)' from the first and second paragraphs, and replacing same in the first paragraph with the appropriate legal description and street addresses now applying to the subject property. The Heritage Kitchener report, as amended, was then voted on and Carried. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener (meeting of December 4, 2007) be adopted." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add seven additional by-laws for three readings this date, as follows: • Zoning Amending By-law (501-545 Morrison Road, 224-226 Sims Estate Drive and 2-10 Sims Estate Place) relative to Clause 1 of the Development and Technical Services Committee report; • Municipal Plan Amendment By-law and Zoning Amending By-law (342 Mill Street) relative to Clause 3 of the Development and Technical Services Committee report; • Zoning Amending By-law (Housekeeping), as amended this date, relative to Clause 5 of the Development and Technical Services Committee report; • Municipal Code Amendment to Chapter 25 (Procedure) relative to Clause 4 of the Finance and Corporate Services Committee report; COUNCIL MINUTES DECEMBER 10, 2007 - 319 - CITY OF KITCHENER • a by-law to regulate nuisances in public places, relative to Clause 8 of the Finance and Corporate Services Committee report; and, • a Traffic Amending By-law pursuant to Council's resolution of March 26, 2007. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "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) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Milan and Lara Kovacevic - 58 Daniel Avenue. (c) Being a by-law to provide for the widening of part of Cherry Street as a public highway in the City of Kitchener. (d) Being a by-law to exempt certain lots from Part Lot Control -Lot 11, Registered Plan 58M- 435 -Huck Crescent. (e) To confirm all actions and proceedings of the Council. (f) 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 Limited -Morrison Road, Sims Estate Drive and Sims Estate Place. (g) Being a by-law to adopt Amendment No. 73 to the Municipal Plan -City of Kitchener - 1682320 Ontario Limited -Mill Street. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1682320 Ontario Limited -Mill Street. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Housekeeping Amendment. (j) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. (k) Being a by-law to prohibit and regulate with respect to public nuisances on property within the City of Kitchener. (I) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor 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. COUNCIL MINUTES DECEMBER 10, 2007 - 320 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "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. 2007-223) (b) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Milan and Lara Kovacevic - 58 Daniel Avenue. tBy-law No. 2007-224) (c) Being a by-law to provide for the widening of part of Cherry Street as a public highway in the City of Kitchener. tBy-law No. 2007-225) (d) Being a by-law to exempt certain lots from Part Lot Control -Lot 11, Registered Plan 58M- 435 -Huck Crescent. (e) To confirm all actions and proceedings of the Council. tBy-law No. 2007-226) tBy-law No. 2007-227) (f) 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 Limited -Morrison Road, Sims Estate Drive and Sims Estate Place. tBy-law No. 2007-228) (g) Being a by-law to adopt Amendment No. 73 to the Municipal Plan -City of Kitchener - 1682320 Ontario Limited -Mill Street. tBy-law No. 2007-229) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1682320 Ontario Limited -Mill Street. tBy-law No. 2007-230) (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Housekeeping Amendment. tBy-law No. 2007-231) (j) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. tBy-law No. 2007-232) (k) Being a by-law to prohibit and regulate with respect to public nuisances on property within the City of Kitchener. tBy-law No. 2007-233) COUNCIL MINUTES DECEMBER 10, 2007 - 321 - CITY OF KITCHENER (I) To further amend By-law No. 2007-138, 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. 2007-234) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 9:00 p.m. Carried. MAYOR CLERK COUNCIL MINUTES DECEMBER 10, 2007 - 322 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the recommendations, for the lands legally described as Part of Lots 118 and 124, German Company Tract, municipally known as 501-545 Morrison Road, 224-226 Sims Estate Drive and 2-10 Sims Estate Place, for an exemption to Emergency Access Policy I-1035, for the approval of Draft Plan of Condominium Application 30CDM-03204 (Tanem Developments Limited), for the approval of Zone Change Application ZC03/15/M/TMW and for approval of Site Plan Application SP07/135/S/TMW, as contained in Appendix "A" to Development & Technical Services Department report DTS-07-165, be approved; subject to the following amendments: (a) That the following clauses be added to Section 2.4, the draft Condominium Declaration: 2.4 (xi) That the OWNER acknowledges and will be responsible for advising prospective purchasers and tenants that property is located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. xii) That the Owner acknowledges and will be responsible for advising prospective purchasers and tenants that all units within the condominium are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. xiii) That the Condominium Corporation will be responsible for maintaining the required emergency access including the existing bridge for the life of the development. The Condominium Corporation acknowledges and will be responsible for the following: a) That the bridge will not be used for construction traffic to avoid further damage to the surface of the deck. b) That bollards and a chain gate with proper signage will be installed and maintained at each end of the bridge to stop vehicular traffic flow, but allow for emergency vehicles to traverse the bridge. c) That de-icing salts shall not be used on the bridge to slow future deterioration of the concrete deck and steel beams. d) That a visual inspection by a qualified person be completed a minimum of once every 5 years from the date of the original structural investigation report by MTE Consultants Inc., dated August 2002, to ensure that future deterioration is not occurring to the concrete deck, reinforcing steel or the steel I-beams. e) That a remedial action plan for the bridge be developed that addresses ongoing inspections, repairs and maintenance issues for the bridge crossing and implemented by the Condominium Corporation. (b) That the following clause be added to the agreement between the owner and the City of Kitchener: 2.10 2. The OWNER acknowledges that all new construction and/or alterations for dwellings and/or structures within this condominium development must be consistent with the approved Riverglen Estates Design Guidelines registered on title to the subject lands. COUNCIL MINUTES DECEMBER 10, 2007 - 323 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) 10. The OWNER acknowledges that property is located in close proximity to the Chicopee Ski Hill. The nature of the current and future operations of Chicopee, which include the operation of snow making equipment, speaker systems, lights and other equipment necessary to run the facility year round, may cause concern to some individuals. 11. The Owner acknowledges that all units within the condominium are in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals. (c) That the following clauses to be included in the agreement between the owner and the City of Kitchener be amended as follows: 3. a) The OWNER agrees that no building permits shall be applied for on any block in any phase of the condominium until satisfactory arrangements are made with the CITY'S Chief Building Official to install adirect-to-fire alarm monitoring system, for each and every dwelling to be constructed within this condominium development. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. c) Such system shall be maintained and remain operational in perpetuity, as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 4. a) The OWNER agrees that no building permits shall be applied for on Units 11-14 inclusive of the condominium until satisfactory arrangements are made with the CITY'S Chief Building Official to install a built-in sprinkler system, in accordance wifh NFPA 13R 2002, as a further fire protection measure, for each and every dwelling to be constructed on Units 11-14 inclusive within this condominium development. Satisfactory arrangements shall be the submission of drawings showing the built-in sprinkler system in each dwelling. c) Such built-in sprinkler system shall be maintained and remain operational in perpetuity, in conformance wifh NFPA 13R-2002, as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the built-in sprinkler system is no longer mandatory. 5. That prior to registration the OWNER agrees to install adirect-to-fire alarm monitoring system, in accordance wifh NFPA 13R-2002, in each of the existing dwellings located on Units 17 and 30 within this condominium development to the satisfaction of CITY'S Fire Chief. Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. (d) That the following clauses be added to section 4 of the General Conditions: COUNCIL MINUTES DECEMBER 10, 2007 - 324 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) (i) to maintain the required emergency access including the existing bridge in accordance with the recommendations made in the Structural Investigation Report, dated August 2002, prepared by MTE Consultants Inc., which includes the following: a) That the bridge will not be used for construction traffic to avoid further damage to the surface of the deck. b) That bollards and a chain gate with proper signage will be maintained at each end of the bridge to stop vehicular traffic flow, but allow for emergency vehicles to traverse the bridge. c) That de-icing salts shall not be used on the bridge to slow future deterioration of the concrete deck and steel beams. d) That a visual inspection by a qualified person be completed a minimum of once every 5 years from the date of the original structural investigation report by MTE Consultants Inc., dated August 2002, to ensure that future deterioration is not occurring to the concrete deck, reinforcing steel or the steel I-beams. e) That a remedial action plan for the bridge be developed that addresses ongoing inspections, repairs and maintenance issues for the bridge crossing and implemented by the OWNER. (As Amended) 2. That City staff be directed to exempt all existing corner lot fences which are not in compliance with the set-back provisions of the Fence By-law provided that the following requirements are met: a) each affected property owner is to submit an application by March 7, 2008 to the Planning Division for variance and pay a $100. application fee; b) there are no traffic safety issues or sight line problems; and, c) that an acceptable landscaping plan is submitted with the application; and, That the landscaping between the fence and the sidewalk or property line is to be completed in accordance with the approved landscaping plan, to the satisfaction of By-law Enforcement staff, by September 30, 2008 and maintained for the life of the fence; and, That if any work needs to be completed on City land and the fence or landscaping needs to be removed or gets damaged as a result, any necessary repair will be at the home owner's expense and the City assumes no liability for such repair; and, That staff are to communicate immediately with the public about the exemption of corner lot fences and follow-up early in 2008; and, That Fence Variance Applications FN 2007-007 (3 Mahogany Street), FN 2007-009 (501 Bridlewreath Court) and FN 2007-010 (78 Max Becker Drive) be granted provided they complete a landscaping plan and submit it to Planning staff; and, That any current applications for fence variance which have been deferred or have not yet been considered by the Committee of Adjustment be considered by the delegated staff; and, That effective March 8, 2008, the fee for corner lot fence variances return to the regular rate of $442.; and, COUNCIL MINUTES DECEMBER 10, 2007 - 325 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 2 (Cont'd) That staff increase efforts to build community awareness of the regulations of the Fence By-law by working with developers, builders and real estate agents before they sell homes; staff to finalize the awareness pamphlet to be sent to every home in the City and will be distributed to all new homes by the Building Inspector; and, That staff report back to Council by March 1, 2008 regarding the feasibility of either licensing fence and post hole companies or implementing a permit process; and further, That staff bring forward a recommendation to amend the current Fence By-law in January 2008 to state the intent of the Fence By-law with regard to aesthetics. (Dealt with under Delegations and Carried, as Amended, on recorded votes) 3. That Municipal Plan Amendment Application MP06/08/M/TMW requesting a change in designation from General Industrial to Low Density Commercial Residential on lands owned by 1682320 Ontario Limited, legally described as Part of Lot 21 Registered Plan 404, more particularly described as Part 1 on Reference Plan 58R-3650, and municipally known as 342 Mill Street in the City of Kitchener, be adopted, in the form shown in the Municipal Plan Amendment attached to Development & Technical Services Department report DTS-07-177, and accordingly forwarded to the Region of Waterloo and, That Zone Change Application ZC 06/26/M/TMW requesting a change in zoning from General Industrial Zone (M-2) with Special Regulation 1 R and Special Use Provision 1590 to Commercial Residential One Zone (CR-1) with Special Regulation Provision 1 R and Special Regulation Provision 475R on lands owned by 1682320 Ontario Limited, legally described as Part of Lot 21 Registered Plan 404, more particularly described as Part 1 on Reference Plan 58R-3650, municipally known as 342 Mill Street in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated October 31, 2007, attached to Development & Technical Services Department report DTS-07-177, subject to the following conditions: a) That the zoning by-law not receive three readings until a Record of Site Condition for the property at 342 Mill Street is acknowledged by the Ministry of the Environment and the City has been notified by the Regional Municipality of Waterloo that the Record of Site Condition and Letter of Acknowledgement satisfies Regional requirements. b) That the site plan to be approved for 342 Mill Street be based on the concept plans and drawings generally in accordance with those appended to Report DTS 07-177. That the approved site plan maximize the setback of the proposed town homes adjacent to the existing homes on Mill Street and that the site plan incorporate a wood privacy fence and appropriate landscaping, including the retention of the cedar hedge, along the property line with the existing residential properties on Mill Street municipally known as 340-380 Mill Street. c) That an exemption from Council Policy I-1035, Emergency Access Policy, in regards to the Municipal Plan Amendment Application MP06/08/M/TMW and Zone Change Application ZC06/26/M/TMW on property municipally known as 342 Mill Street, to allow a multiple residential development on a cul-de-sac to be 213 metres in length without an emergency access rather than a maximum of 150 metres, be approved, subject to the following conditions: i) that all dwellings within the development be required to connect to Direct Detect Fire Monitoring System. ii) that all dwellings constructed in the development beyond the 150 metres from the intersection of the internal road and Mill Street to the end of the cul-de-sac, be required to have sprinkler systems built into each dwelling as a further fire protection measure, and further, COUNCIL MINUTES DECEMBER 10, 2007 - 326 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That an exemption from Council Policy I-1147, Street Naming, Multiple Unit Identification Signs, Addressing/Street Name Change, in regards to the Municipal Plan Amendment Application MP06/08/M/TMW and Zone Change Application ZC06/26/M/TMW on property municipally known as 342 Mill Street, to allow a Multiple Unit Identifier Sign to be located on the left hand side of the entrance driveway into the site rather than the right hand side, be approved. (Dealt with under Delegations and Carried) 4. That Zone Change Application ZC07/14/M/JV for the purpose of changing the zoning from Heavy Industrial Zone (M-4) with Special Use Provision 34U to Heavy Industrial Zone (M-4) with Special Use Provision 34 and Special Use Provision 3730 on lands legally described as, Part Lot 34, Plan RCP1525, Parts 1 and 2 , Reference Plan 58R-6301, municipally known as 148 Manitou Drive in the City of Kitchener be approved in the form shown in the "Proposed By-law", dated November 5, 2007, attached to Development & Technical Services Department report DTS-07- 176. 5. That Zone Change Application ZC 07/19/COK/SR (Housekeeping By-law), representing comprehensive changes to Zoning By-law 85-1, be approved, without conditions, in the form shown in the "Proposed By-law", dated November 16, 2007, attached to Development & Technical Services Department report DTS-07-160 and as amended this date to delete Clause 19 (Utility Trailers in Residential Zones) from the proposed by-law. (As Amended) 6. That enforcement of the City's Zoning By-law be waived with respect to 51 Church Street for an office (including social service administrative office) use within a building existing on December 3, 2007 and temporary occupancy be approved until such time as the Ontario Municipal Board has finalized a decision on City Initiated Zone Change ZC05/06/C/CB, and subject to the use vacating the location in the event that Interim Control By-law 2003-89 is not lifted as a result of the forthcoming Ontario Municipal Board hearing; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of this application. COMMUNITY SERVICES COMMITTEE - 1. That a one time general provision grant in the amount of $9,095.15 be approved to the Kitchener Horticultural Society to assist with costs related to an unexpected increase in water bill expenses that resulted from a broken water valve in the summer of 2007. 2. That the City of Kitchener accepts the donation of 8.4 acres (3.4 hectares) of land containing a woodlot located at Woolner Drive and Zeller Drive and described as Part 1 of 58R - 15345 from Deerfield Homes Ltd., on such terms and conditions as are satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute any required documentation to effect the transfer of title satisfactory to the City Solicitor. 3. That the City of Kitchener, in cooperation with the KW Sports Council, register a team of up to 20 members (including athletes, coaches and officials) to participate in the 42"d International Children's Games in San Francisco, USA in 2008; and further, That the Community Services Department provide funding, in the amount of $1,200. supporting one staff to act as head of delegation responsible for the City's team. COUNCIL MINUTES DECEMBER 10, 2007 - 327 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of December 3, 2007) - 1. That the Mayor and Clerk be authorized to execute an agreement with the Corporation of the Township of Wilmot to provide fire dispatch service to Wilmot for a term of five years commencing January 1, 2007. 2. That the Mayor and Clerk be authorized to execute an agreement with the Corporation of the Township of Wellesley to provide fire dispatch service to Wellesley for a term of five years commencing January 1, 2007. 3. That the City of Kitchener take the following action regarding the taxation of "heads and beds" properties under Section 323 of the Municipal Act: ^ request the Minister of Finance to amend the prescribed amount for the purposes of section 323 of the Municipal Act to allow for inflation over the past 20 years; and, ^ refer the issue of the prescribed amount for the purposes of section 323 of the Municipal Act to the Provincial-Municipal Fiscal Service Delivery Review to establish a mechanism to review the prescribed amount on a regular basis and make adjustments for inflation; and further, ^ forward the resolution to the Minister of Municipal Affairs and Housing, the Minister of Health and Long Term Care, the Minister of Training, Colleges and Universities, the Association of Municipalities of Ontario, the Council of Ontario Universities, the Ontario Hospitals Association, Cities of Kitchener, Cambridge and Waterloo and local Members of Provincial Parliament. 4. That Chapter 25 (Procedural By-law) of the Municipal Code be amended to include how and when public notice of regular and special meetings of Council and Standing Committees shall be given, as outlined in Corporate Services Department report CRPS-07-145. 5. That James Hunsberger, Rosa Bustamante, Linda Cole, Ken Parker, Amy Ross and Myron Steinman be appointed to the Grand River Accessibility Advisory Committee (GRAAC) fora 3 year term ending December 31, 2010; and further, That the GRAAC's amended Terms of Reference as attached to Community Services Department report CSD-07-106, be approved. 6. That the current selling price of City-owned industrial land in Kitchener be increased from $195,000/acre to $250,000/acre. 7. That the area across from the cashier counter service in the City Hall Rotunda be approved for use as a temporary location for the Welcome Centre and Visitor Information Centre, as outlined in Chief Administrator's Office report CAO-07-057, dated November 27, 2007; and further, That upon review of the location and operation of City Hall Security and the Welcome Centre and Visitor Information Centre, a report be submitted to the Finance and Corporate Services Committee for review and approval in early spring 2008. 8. That a by-law be enacted to regulate nuisances in public places. (Dealt with under Delegations and Carried Unanimously, on a recorded vote) 9. That staff report to the Finance & Corporate Services Committee as early as possible on establishment of a protocol for diversion/referral of all those that may be impacted by the adoption of a by-law to regulate nuisances in public places. 10. That staff be directed to issue any 2008 licences with respect to Adult Entertainment Parlours for a two month period to allow the current licensing hearings to be completed and any amendments or additions to Chapter 502 (Adult Entertainment Parlours) of the Municipal Code, to be implemented. COUNCIL MINUTES DECEMBER 10, 2007 - 32$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of December 3, 2007) - (CONT'D) 11. That staff be directed to issue any 2008 licences with respect to Alternative Massage Centres for a three month period to allow the licensing hearings approved by Council June 25, 2007 to be held and any amendments or additions to Chapter 508 (Alternative Massage Parlours) of the Municipal Code, to be implemented. 12. That the Delegation of Powers and Duties Policy, dated November 30, 2007, attached to Corporate Services Department report CRPS-07-146, be adopted. 13. That staff be directed to prepare a by-law establishing fees relating to encroachments on to City parkland, vacant land, and road allowances; and, That annual encroachment fees be set having regard to deterrence of encroachment requests, applicable property taxes for the land in question, costs of administration of the by-law including collection of fees, and partial off-set of costs of enforcement against unauthorized encroachments; and further, That staff be directed to report to the Finance & Corporate Services Committee by June 30, 2008 on establishment of an encroachment by-law, an encroachment enforcement policy, and anticipated resulting enforcement costs. 14. That the draft Accountability and Transparency policy, dated December 10, 2007, attached to Corporate Services Department report CRPS-07-147, be adopted as Council policy in accordance with Section 270 (1) 5 of the Municipal Act, 2001, as amended. (Dealt with under Delegations and Carried) FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of December 10, 2007) - 1. WHEREAS Canadian municipalities play a vital role in: (1) promoting the quality of life and health of our citizens, (2) strengthening our national economy, and (3) protecting our global environment; and, WHEREAS Canadian municipalities have doubled their share of infrastructure costs over the past 50 years while the federal government's share has shrunk to less than half without providing adequate funding to cities to help them fund this costly shift in responsibilities; and, WHEREAS the municipal infrastructure deficit is estimated to have grown to $123 billion just to replace current and aging infrastructure, such as water and waste water systems; transportation systems; transit, solid-waste management, and community, recreational, cultural and social infrastructure; and, WHEREAS municipalities currently receive only 8 cents of every tax dollar paid by Canadians, our cities are home to over 80% of the country's population, and they provide the services residents use on a day-to-day basis more than those of the federal and provincial governments; and, WHEREAS Cities are the economic engines of the Canadian economy and investments in municipalities by the federal government will serve to strengthen the national economy, thereby growing its own revenues; and, WHEREAS the federal government has enjoyed tens of billions of dollars in budgetary surpluses over the past ten years ($13.8 billion in 2006-07 alone) and it is forecast to continue to produce surpluses in the future; and, COUNCIL MINUTES DECEMBER 10, 2007 - 329 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of December 10, 2007) - (CONT'D) 1. (Cont'd) WHEREAS Canadian municipalities require a reliable and dedicated source of revenue that grows with the economy to significantly reduce the need for ongoing and unsustainable increases to property taxes, user fees and, water and sewer rates; BE IT RESOLVED that Kitchener City Council endorses the proposal of the Federation of Canadian Municipalities and calls on the federal government to provide Canadian municipalities with the equivalent of one cent of the GST on an annual basis to help them fund important municipal services and infrastructure to a growing population; and, That City Council directs the Mayor to write the Prime Minister, the Minister of Finance, and the Minister of Transport, Infrastructure and Communities to provide them with a copy of Council's motion and to request the federal government provides Canadian municipalities with the equivalent of one cent of the GST; and, That City Council directs the Mayor to provide a copy of his letter to the Prime Minister to the Federation of Canadian Municipalities (FCM), the Association of Ontario Municipalities (AMO) and all Members of Parliament from within the Region of Waterloo; and further, That City Council directs the Mayor to write the heads of Council for all municipalities and townships within the Region of Waterloo to provide them with a copy of Council's motion, to encourage them to pass similar motions, and to share those motions with the Prime Minister, the Minister of Finance, and the Minister of Transport, Infrastructure and Communities, all local Members of Parliament, FCM and AMO. (Carried Unanimously, on a recorded vote) AUDIT COMMITTEE - 1. That the modification of the existing Divisional Performance Measurement Program and the implementation of a new Corporate Key Performance Indicators Program, be approved, as outlined in Chief Administrator's Office report CAO-07-049. HERITAGE KITCHENER (Meeting of May 1, 2007) - 1. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the lands legally described as Part of Lots 118 and 124, German Company Tract, municipally known as 501-545 Morrison Road, 224-226 Sims Estate Drive and 2-10 Sims Estate Place, (formerly known as 787-811 Morrison Road and commonly referred to as the Sims Estate, Chicopee), as being of cultural heritage value or interest, with the following heritage attributes: Located on the east side of Morrison Road, the former Sims Estate, previously known as "Chicopee", is located on 40 acres of land (originally 45 acres) in the Grand River South community. The property features a number of built and natural heritage attributes including cultivated formal gardens and terraces immediately surrounding a private estate residence built in 1929; a natural landscape setting, featuring the steep slopes of the Grand River, woods, ravines, and wetland; a winding private allee (or driveway) leading from former Old Chicopee Road over a private concrete and steel bridge to the estate house; and a circa 1860s Mennonite Georgian stone farmhouse with smoke house; and, The estate residence was built by the architectural firm of Forsey Page and Steele in 1929 for Harvey Sims. It provides an architectural focal point for the property while at the same time fitting harmoniously into the overall landscape design. The house itself is of a Tudor style, which was fashionable in the 1920s and early 30s. It features an animated, asymmetrical compilation of projecting and retreating steeply gabled roofed sections, tall chimneys, multiple COUNCIL MINUTES DECEMBER 10, 2007 - 330 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (Meeting of May 1, 2007) - (CONT'D)) 1. (Cont'd) dormers and bay windows. The success of the design lies in part with its pleasing scale, lively composition and compatibility with the site; and, The one-and-one-half storey stone farmhouse and accessory smoke house have frontage onto the former Old Chicopee Road. The farmhouse, built of uncoursed rubble stone may date to the 1850s as it is reported that Karl Schlee lived in the stone cottage with his family from 1854 to 1897. The farmhouse is built in the traditional Mennonite Georgian style and formed part of a 10 acre working farm. One of Karl Schlee's sons George Schlee (born 1858), reportedly renovated the farmhouse and built the existing stone smokehouse in the 1880s. The smokehouse is in near original condition; and, Access to the estate is gained from former Old Chicopee Drive via a private tree lined road or allee over a concrete bridge traversing the Chicopee Creek and ravine. The allee winds its way through the property offering numerous and varied views of the landscape, and ends in a circular drive in front of the estate residence complete with a central fountain. The private bridge rests on large steel beams and features a decorative concrete baluster railing. The allee was illuminated by electric lights on decorative lamp posts arranged alternating side to side along the entire length of the allee from the bridge to the estate house. These features contribute to the significance and interpretation of the property as a large private estate; and, Two guest cottages were once located west of the estate residence at the top of the bank of the Chicopee Creek ravine. It is reported that one cottage burned in a fire in 1949. The ruins of one cottage remain standing, consisting of an ornate stone wood fireplace and chimney bearing the name RIVERGLEN. Integral to the significance of the Borgstrom landscape plan are the garden structures built to support the landscape design. The property features a variety of garden structures; and, That the designation makes reference to the following specific features of the Sims Estate, being: Built Heritage Features Former Sims Estate Residence All exterior elevations of the 1929 estate house including: • Yellow brick walls. • All windows, window openings, stone sills, brick voussoirs and keystones. • All exterior doors and door openings. • Roof, rooflines, and dormers. • Brick chimneys. • Bell Tower and Belfry on the garage roof. Gardener's Cottage & Smoke House All exterior elevations of the c. 1850s Gardener's House and Smokehouse including: • Stone walls. • All windows, window openings, and wood sills. • All exterior doors and door openings. • Gable roofs and rooflines. • Brick chimney. COUNCIL MINUTES DECEMBER 10, 2007 - 331 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (Meeting of May 1, 2007) - (CONT'D) 1. (Cont'd) Guest Cottage Ruins All features of the Guest Cottage ruins including: • Stone chimney and fireplace bearing the name "RIVERGLEN". Cultural Heritage Landscape Features Formal Cultural Heritage Landscape All formal cultural heritage landscape features as follows: • The rose garden structure with dry-laid stone sunken fence, stone steps and bird bath. • The concrete balustrade and brick wall with built in fountain separating the terrace from the former alpine garden and its pergola. • The lily pool and fountain. • The entrance steps and square flagged walkway to the former cut flower garden with central circular stone monument and circular kettle shaped water pool. • The fieldstone wall separating the vegetable garden from the orchard. • The main entrance gate to the allee including the curved brick wall with concrete sill and brick pillars. • Concrete bridge. • Herb Garden Fire Pit • Pump House • The allee and circular drive (including its alignment), and decorative electric lamp posts. • The stone gate entrance with curved wall and pillars at the rear entrance east of the Gardener's House. • Framed view and vista to the Sims Estate residence from the private road off Morrison Road • The spatial order of the terraces and gardens around the Sims Estate residence. Natural Cultural Heritage Landscape All natural cultural heritage landscape features including: • Wooded valley of Chicopee Creek, treed banks of the Grand River, upland forest and the wetland; and further, That the following clause be added to the proposed designating by-law, following the heritage attributes section: "Notwithstanding the foregoing, new residential building construction (not including additions or alterations to the built heritage features identified in this by-law), consistent with the Riverglen Estates Design Guidelines prepared by MHBC Planning Limited dated March 29, 2007 and as appended hereto; is deemed not likely to affect the heritage attributes and is not subject to the approval process under s. 33(1) of the Ontario Heritage Act. A review process has been outlined in the design guidelines to ensure the appropriate development of this property." (As Amended) COUNCIL MINUTES DECEMBER 10, 2007 - 332 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (Meeting of December 4, 2007) - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-IV-013 (300 Joseph Schoerg Crescent) be approved, to permit the following alterations in accordance with the materials provided by the applicant and reviewed at the December 3, 2007 Heritage Kitchener meeting: • the installation of front and side walkways around the house; and, • the concept of introducing a stone wall 3 1/2 feet high and 3 feet wide on the property, conditional on satisfactorily addressing matters associated with its ultimate location and the impact of its construction on the health of existing trees; and further, • parking 3 vehicles in front of the existing drive shed, conditional on meeting other City requirements including the variance, encroachment agreement, and relocation of the sidewalk so it is curb edged. 2. WHEREAS the St. Mary's Heritage Conservation District (HCD) Plan contains policies and guidelines which are aimed at conserving the significant architecture and suburban landscapes unique to the post-war housing character associated with that neighbourhood; and, WHEREAS the landscape character of the St. Mary's HCD serve to complement and support the designation of the neighbourhood as a heritage conservation district; and, WHEREAS the St. Mary's HCD Plan states that it is important that the landscape components of the district be retained and managed in a way that link all component features, as they are a considerable physical asset and community amenity; THEREFORE BE IT RESOLVED that the central landscaped boulevard located within the St. Mary's HCD on Spadina Road East, between Glen Road and Windsor Crescent, legally described as Part of Block `E' on Plan 670, be named `Veterans Green' and appropriate signage be installed; and, BE IT FINALLY RESOLVED that the parkspace located within the St. Mary's HCD currently referred to as `Lorne Green', legally described as Part of Blocks `B', `O', `S' and `U' on Plan 670, be renamed `Veterans Park' and appropriate signage be installed. COUNCIL MINUTES DECEMBER 10, 2007 - 333 - 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. Various Tenders Dealt with under Delegations. 2. Applications for Cancellation, Refund, Reduction or Levv of Taxes Council considered Financial Services Department report FIN-07-145 (P. Houston), dated December 5, 2007. It was resolved: "That the applications to City Council for cancellation, refund, reduction or levy of taxes, totaling $122,684.59, as attached to Financial Services Department report FIN-07-145, be approved, pursuant to Section 357 of the Municipal Act." 3. Corporate Financial and Infrastructure Management System (Delta Project) Agreements Council considered Financial Services Department report FIN-07-146 (D. Chapman), dated December 5, 2007. It was resolved: "That authority be delegated to the General Manager of Financial Services and City Treasurer to execute a Termination Notice, if required, with respect to the contract cancellation clauses in the legal agreements with the vendors for the Corporate Financial and Infrastructure Management System (Delta Project) that are triggered on December 28, 2007 (SAP Canada Inc.) and January 17, 2008 (ESRI Canada Inc.)." 4. Committee of Adiustment Decisions -Various Dealt with under Delegations. 5. Delegation re Planning Matters before the Ontario Municipal Board Council considered this date Corporate Services Department report CRPS-07-148 (F. McCrea), dated December 6, 2007. It was resolved: "That Council confirms that the Director of Planning, and during any absence, the Manager of Development Review, is authorized to defend, appeal or participate in any Ontario Municipal Board hearing pertaining to a decision rendered by Kitchener's Committee of Adjustment regarding either consent or permission or minor variance applications and said authorization also includes authorization to execute any documentation on behalf of the City to initiate appeals and conclude the settlement of any matter; and, That Council confirms that the Director of Planning is authorized to put forward the City's planning position through witnesses, documents and other evidence at any proceeding before the Ontario Municipal Board that is consistent with the City's policies and/or Planning recommendations and, where appropriate, secure Council's direction COUNCIL MINUTES DECEMBER 10, 2007 - 334 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Delegation re Planning Matters before the Ontario Municipal Board - tCont'd) in-camera for matters that are beyond the normal official plan, zoning, planning, subdivision requirements relating to planning matters; and, That Council confirms that the Director of Engineering Services is authorized to put forward the City's engineering position through witnesses, documents and other evidence at any proceeding before the Ontario Municipal Board that is consistent with the City's policies and/or Engineering recommendations and, where appropriate, secure Council's direction in-camera for matters that are beyond the normal official plan, zoning, engineering, subdivision requirements relating to engineering matters; and further, That Council confirms that the City's Solicitor is authorized to represent the City at any proceedings before the Ontario Municipal Board and to secure, as required, Council's direction in-camera." 6. Policy - Blackberry Use in Council Chamber Council considered this date Chief Administrator's Office report CAO-07-063 (C. Ladd), dated December 6, 2007. Councillor G. Lorentz proposed that the City adopt the same policy as the Region of Waterloo, as outlined in report CAO-07-063. Councillor J. Gazzola expressed the opinion that the Region's policy did not go far enough, preferring a total ban on use of the units in the Council Chamber. He commented that use of the units is disruptive, especially when a delegate is speaking and also raised concerns in respect to use of the units to debate an issue between Council members instead of having those discussions on the open floor. The following motion was Carried, on a recorded vote with Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie voting in favour; and Councillor J. Gazzola voting in opposition. It was resolved: "That in keeping with the Region of Waterloo's policy, the following be adopted as Kitchener's policy in respect to use of electronic devices in the Council Chamber: 1. Council, staff and anyone situated in the gallery (including members of the media) shall turn all electronic devices to non-audible, silent, etc., during the entire Committee of Council meeting in Council Chamber; 2. Members of Council and staff within the bar of Council will limit the use of electronic devices during all delegations during the meeting; and, 3. At any time during the meeting, at the discretion of the Chair of the meeting, use of electronic devices may be prohibited if there is audio or video interference." 7. Licence Hearing - Roxxanne's Bar & Grill -1271 Victoria Street North Council considered this date Corporate Services Department report CRPS-07-149 (R. Gosse), dated December 6, 2007. Mr. R. Gosse, City Clerk, advised that the Solicitor for Roxxanne's is requesting an amendment to the recommendation to provide that the phrase `without prior approval of the Manager of Licensing' be added to the end of the second paragraph. COUNCIL MINUTES DECEMBER 10, 2007 - 335 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Licence Hearing - Roxxanne's Bar & Grill -1271 Victoria Street North - tCont'd) It was resolved: "That the Adult Entertainment Parlour Business licence No. 20 07 105538 00 L6 issued to 1685000 Ontario Ltd., operating as Roxxanne's Bar & Grill, 1271 Victoria Street N., Kitchener, Ontario be suspended from December 23, 2007 to January 1, 2008 inclusive; and further, That the `curtain' currently placed around the private dance area of the premises known as the VIP area be permanently removed in its entirety and no other material, object or construction shall be used in place of the `curtain' for the duration of the current business licence and any future licences issued to this business, without prior approval of the Manager of Licensing." $. Licensing Tribunal Decision -The Doll House - 6 Bridge Street Council considered this date Corporate Services Department report CRPS-07-150 (R. Gosse), dated December 7, 2007. It was resolved: "That the Decision of the Licensing Tribunal, attached to Corporate Services Department report CRPS-07-150, in the matter of Adult Entertainment Parlour Business licence No. 20 07 003010 00 L6 issued to 2027625 Ontario Ltd., operating as The Doll House, 6 Bridge Street West, be adopted."