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HomeMy WebLinkAboutCouncil - 2009-01-12COUNCIL MINUTES JANUARY 12, 2009 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 the 471St & 472"d Kitchener Brownies and the 25th & 26th Kitchener Guides. On motion by Councillor J. Smola, the minutes of the regular meeting held December 8, 2008 and special meetings held December 8, 2008 and January 5, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. M. Wade, Heritage Planner, presented information in support of Clause 1 of the Heritage Kitchener report, dealing with the proposed listing of 13 properties on the Municipal Heritage Register (MHR) as non-designated properties of cultural heritage value or interest. The MHR is an official list of cultural heritage properties identified as having importance to the community. A four-step process has been established to consider placements on the list, including: evaluation of properties; short- listing of properties; composition of Statement of Significance; review of short-listed properties by Heritage Kitchener with recommendation to Council; and, final decision by Council. Ms. Wade stated that when Council last considered this matter at its September 15, 2008 meeting, questions were raised regarding a property owner's appeal rights in relation to listing; and, the process of notifying current and future property owners. Ms. Wade advised that the Ontario Heritage Act does not provide a mechanism to appeal Council's decision to list anon-designated property however Council may reconsider and / or remove properties from the MHR at any time. In regard to notifying property owners, she advised there are opportunities already in place such as: annual information mail out to property owners and information distributed by registered mail to new property owners. Ms. Wade added that correspondence, including a letter of explanation and documentation, such as a Statement of Significance, was mailed to all owners of properties that are proposed for listing, as outlined in the Heritage Kitchener report; with an invitation for those property owners to make comments to staff, Heritage Kitchener and Council She stated that the majority of concerns expressed to staff relate to a perception that listing would restrict the ability to undertaken alterations. She stated that staff responded to each of these concerns outlining that listing on the MHR does not impose restrictions with regards to obtaining approvals for alterations. Mr. Peter loannidis, 144-150 King Street West, attended and expressed concerns regarding the proposed listing of his property on the MHR. He noted that he does not feel that his property warrants listing as most of its original features have been altered. He added that he is opposed to any additional restrictions that may be placed on owners who have their properties listed on the MHR. Ms. M. Wade reviewed the Statement of Significance for 144-150 King Street West, noting that the building is an example of Classical Revival architectural style. She added that it contributes to the continuity and character of the streetscape within the Downtown, as it forms part of the historic Berlin Main Street. She confirmed that listing only increases the amount of time, up to 60 days, that the City has to process a demolition application. In addition, staff may request a Heritage Impact Assessment or a Conservation Plan with the submission of a Planning Act application for a listed property. In response to questions regarding the possibility of registering a notice on title to indicate that a property has been listed on the MHR, Ms. S. Williams advised that municipalities do not have the authority under current legislation to place such a notice on title. At the request of Councillor J. Gazzola, Ms. Williams agreed to report back with information as to the process that would need to be followed to change the legislation to permit such a notice to be registered. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Mr. Paul Britton, MHBC Planning, attended in relation to Clause 7 of the Development and Technical Services Committee report, expressing concern with the proposed deferral of the demolition control application for 1941 Ottawa Street South. He stated that as he was unable to secure assurances from staff that the zone change application for the subject property would proceed in February, he is COUNCIL MINUTES JANUARY 12, 2009 - 7 - CITY OF KITCHENER requesting that Council approve the demolition control application at this time. He added that the property currently has a split zoning designation, with approximately half the site having R6 zoning which would permit the development of townhouses. Given this, it is not a matter of whether the site could be redeveloped, but rather an issue as to the scale of the redevelopment project. He noted that no services are currently running to the vacant dwelling located on the site, which could pose a potential liability risk. Councillor K. Galloway advised that it continues to be her preference to have this matter deferred so that it can be considered in conjunction with the zone change application. She stated that as there is no certainty that the zone change would be approved, it would be premature to allow the demolition to move forward before that issue is considered. Councillor B. Vrbanovic expressed support for Mr. Britton's request, noting that redevelopment of the site to some degree could go forward regardless of whether the zone change is approved. He added that the original recommendation put forward by staff was to approve the demolition control application. He stated that given this and the potential liability issues surrounding the dwelling, he believes that Council should move forward with approving the Demolition Control Application. He requested that in the future staff endeavour to have these kinds of inter-connected proposals come forward at the same time. On motion by Councillor K. Galloway, seconded by Councillor J. Smola, a recommendation to defer consideration of Demolition Control Application DC08/20/O/LT was voted on and was Lost. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That consideration of Demolition Control Application DC08/20/O/LT requesting permission to demolish one (1) single detached dwelling located at 1941 Ottawa Street South, owned by Deerfield Homes Ltd., legally described as Part Lot 46, GCT, be approved without conditions." Carried. Mr. Richard Pearce, resident, addressed Council regarding Clause 8 of the Development and Technical Services Committee report which deals with zone change application for 72 St. Leger Street. He requested that Council support the proposal put forward by staff at the January 5, 2009 Development and Technical Services Committee meeting to have 25% of the building used as retail space on a 3-year temporary basis. This temporary period would provide an opportunity for the City to monitor parking on the site to see if it is sufficient for 25% retail. He added that as part of this compromise he is in favour of the fees being waived for the applicant over the 3-year period. Councillor J. Smola spoke in support of moving forward with the zone change application at this time, as opposed to spending three years monitoring the site. He added that as the site plan approval process moves forward, the rear of the property would be cleaned, which should provide the additional spaces required to accommodate the site's parking needs. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 8 of the Development and Technical Services Committee report be adopted." Carried. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T08-073, Printing of Your Kitchener Newsletter, be awarded to Hebdo Litho Inc., Montreal, Quebec at their tendered price of $35,385., including G.S.T., with the option to renew for two additional one-year terms." -and- COUNCIL MINUTES JANUARY 12, 2009 - $ - CITY OF KITCHENER "That Tender T08-089, Floor Refinishing -Your Kitchener Market, be awarded to Stonhard Division RPM Canada, Whitby, Ontario at their tendered price of $76,650., including P.S.T. & G.S.T." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Councillor J. Gazzola requested that Clauses 3 and 13 of the Development and Technical Services Committee report be voted on separately. With regard to Clause 3, he questioned the necessity of undertaking specific advertising for a grant program. He stated that he was not in support of Clause 13. He noted that while he could have supported increasing the amount of loan forgiveness offered under the previous program, he was opposed to converting the loan program to a grant program. The report was then voted on Clause by Clause. Clause 3 -Carried. Clause 7 - Dealt with under Delegations and Carried, as Amended. Clause 8 - Dealt with under Delegations and Carried. Clause 13 -Carried. Balance of report -Carried. Mayor C. Zehr advised that Councillors G. Lorentz and C. Weylie gave notice in accordance with Chapter 25 of the Municipal Code, that they would introduce a motion regarding the meeting of regional municipal representatives held on December 4, 2008 to discuss the Citizens for Better Government report titled `Finding a Better Way', dated September 2008. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "WHEREAS the Citizens for Better Government, a citizens group whose purpose was to seek and recommend a more effective governance model that will improve the communities in the Region of Waterloo, submitted to the municipal Councils of the Region of Waterloo, including Regional Council; its report titled `Finding a Better Way', dated September 2008; and, WHEREAS representatives of the municipal Councils met on December 4, 2008 to discuss if there was a willingness to further investigate amongst other things, the recommendations of the report; and, WHEREAS Council for the City of Kitchener believes there are opportunities for municipal Councils to find efficiencies and develop a more effective governance model for the betterment of its citizens and businesses; THEREFORE BE IT ENACTED that Council for the City of Kitchener supports further discussion and investigation to develop a process whereby the municipalities of the Region of Waterloo can work together in a positive and beneficial way to find operational efficiencies and develop an effective governance model." Councillor J. Gazzola advised that he was not in support of the proposed motion, noting that there are other priorities that the City should be focusing on at this time. Councillor B. Vrbanovic expressed support for the City participating in further discussions with area municipalities to explore operational efficiencies, which may lead to the development of a more effective government model. COUNCIL MINUTES JANUARY 12, 2009 - 9 - CITY OF KITCHENER Councillor G. Lorentz stated that Council should continue to dialogue with its counterparts throughout the Region on this matter to try and see what opportunities exist to enhance the service being delivered to all area residents. Mayor C. Zehr provided an example of the duplication of services that currently exists between the area's two levels of government, noting that in certain instances it would be much easier to offer a particular service if all the municipalities involved were working from the same comprehensive policy. He expressed support for the statements made by Councillors Lorentz and Vrbanovic, adding that the City should at least try to see what efficiencies could eventually be enacted. Councillor Lorentz's motion was then Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, K. Galloway, G. Lorentz and C. Weylie. Contra: Councillor J. Gazzola Councillor J. Gazzola expressed concern with the process currently employed for the appointment of members of Council to various boards and committees. He noted that with regard to the Kitchener Power Corporation, some members are going on their second or third term while he has yet to be appointed. He added that a review was recently carried out which lead to changes in the process for citizen appointments and suggested that a similar review be conducted of Council appointments. Council agreed to the request of Mr. R. Gosse, City Clerk, to add eight additional by-laws for three readings this date, including: two Official Plan Amendments and four zoning amending by-laws relative to Clauses 8, 9, 10 and 11 of the Development and Technical Services Committee report; a by-law to amend the Downtown Kitchener Community Improvement Plan relative to Clause 13 of the Development and Technical Services Committee report; and, a Part Lot Control by-law regarding 379 - 385 Westmeadow Drive to allow for the creation of four lots from two lots for single detached purposes. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (b) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (c) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (g) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Mount Hope-Huron Park and K-W Hospital Planning Communities - City Initiated Zone Changes. (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. COUNCIL MINUTES JANUARY 12, 2009 - 10 - CITY OF KITCHENER (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Black Tusk Capital Corp. - St. Leger 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 -Walter and Ann Van Os -Edwin Street. (m) Being a by-law to adopt Amendment No. 77 to the Official Plan -City of Kitchener - To implement New Requirements for Complete Applications. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Ira Needles Development Ltd. (Fieldgate Commercial) -Ira Needles Boulevard. (o) Being a by-law to adopt Amendment No. 78 to the Official Plan. (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Family and Children's Services for the Waterloo Region -Hanson Avenue and Ardelt Avenue. (q) Being a by-law to amend the Downtown Kitchener Community Improvement Plan. (r) Being a by-law to exempt certain lots from Part Lot Control -Lots 14 and 15, Registered Plan 1805 - Westmeadow 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 Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2009-002) (b) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. tBy-law No. 2009-003) COUNCIL MINUTES JANUARY 12, 2009 - 11 - CITY OF KITCHENER (c) 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. 2009-004) (d) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2009-005) (e) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. tBy-law No. 2009-006) (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. tBy-law No. 2009-007) (g) Being a by-law to assume certain lands within the City of Kitchener as a public highway. tBy-law No. 2009-008) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Mount Hope-Huron Park and K-W Hospital Planning Communities - City Initiated Zone Changes. tBy-law No. 2009-009) (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (j) To confirm all actions and proceedings of the Council. tBy-law No. 2009-010) tBy-law No. 2009-011) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Black Tusk Capital Corp. - St. Leger Street. tBy-law No. 2009-012) (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Walter and Ann Van Os -Edwin Street. tBy-law No. 2009-013) (m) Being a by-law to adopt Amendment No. 77 to the Official Plan -City of Kitchener - To implement New Requirements for Complete Applications. tBy-law No. 2009-014) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Ira Needles Development Ltd. (Fieldgate Commercial) -Ira Needles Boulevard. tBy-law No. 2009-015) COUNCIL MINUTES JANUARY 12, 2009 - 12 - CITY OF KITCHENER (o) Being a by-law to adopt Amendment No. 78 to the Official Plan. tBy-law No. 2009-016) (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Family and Children's Services for the Waterloo Region -Hanson Avenue and Ardelt Avenue. tBy-law No. 2009-017) (q) Being a by-law to amend the Downtown Kitchener Community Improvement Plan. tBy-law No. 2009-018) (r) Being a by-law to exempt certain lots from Part Lot Control -Lots 14 and 15, Registered Plan 1805 - Westmeadow Drive. tBy-law No. 2009-019) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 8:46 p.m. Carried. MAYOR CLERK COUNCIL MINUTES JANUARY 12, 2009 - 13 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Ministry of Transportation and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 Construction Work during the reconstruction and widening of Highway 8 from 1.0 km north of the Grand River Bridge southerly to Highway 401 in the City of Kitchener, Ministry of Transportation G.W.P 277-97-00, between the hours of 7:00 p.m. to 7:00 a.m. for the period anticipated from March 31, 2009 to tentatively be completed in December 31, 2011. 2. That on-street parking be prohibited at anytime along both sides of Block Line Road from Fallowfield Drive to Courtland Avenue East; and, That on-street parking be prohibited at anytime along both sides of Lennox Lewis Way from Ardelt Avenue to Block Line Road; and further, That the Uniform Traffic By-law be amended accordingly. 3. That the 2008 Community Environmental Improvement Grant (CEIG), to be funded from the Environmental Stewardship Capital Account, be awarded as follows: $650. to Kitchener- Waterloo Urban Harvester; $2,000. to Opportunities Waterloo Region; $1,900. to Our Place Family Resource and Early Years Centre; $1,600 to Kitchener Master Gardeners; $1,600. to Forest Heights Community Association; $500. to Sustainable Cycles -Mothers of the Planet Earth; $1,500. to St. Mary's Catholic Church; and, $1,000. to Olde Berlin Towne Neighbourhood Association; and further, That the remaining $750. of the 2008 CEIG funds be prorated to assist with costs related to advertising the 2009 grant program. 4. That the `Air Quality Assessment of Tim Hortons Restaurants' study prepared by RWDI Consulting Engineers and Scientists, dated May 2008, be received as information; and, That staff continue to monitor the emerging body of scientific information related to air quality and emissions relative to drive-through facilities; and further, That the quick service industry be encouraged to improve notification and awareness of the "eat-in" option at restaurants where this service is available. 5. That the communications plan for the King Street Reconstruction Project, as presented in Chief Administrative Officer report CAO-08-042, be accepted. 6. That the extension of the purchase order for consulting services to Stantec Consulting for the amount of $95,000 plus GST for work completed on the Upper Blair Creek Functional Drainage Study, as part of the current Ontario Municipal Board Appeal in the Doon South Community Plan (Phase 2), be approved, and allocated from the Development Charges Fund - Engineering Studies. 7. That consideration of Demolition Control Application DC08/20/O/LT requesting permission to demolish one (1) single detached dwelling located at 1941 Ottawa Street South, owned by Deerfield Homes Ltd., legally described as Part Lot 46, GCT, be approved without conditions. (Dealt with under Delegations and Carried, as Amended) 8. That Zone Change Application ZC07/24/S/J B, requesting a change from General Industrial Zone (M-2) to General Industrial Zone (M-2) with Special Use Provision 381 U and Special Regulation Provision 486R on lands legally described as Part Park Lot 287, Plan 378, in the City of Kitchener (72 St. Leger Street), owned by Black Tusk Capital Corp. be approved . (Dealt with under Delegations and Carried) COUNCIL MINUTES JANUARY 12, 2009 - 14 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. That Zone Change Application ZC 07/01/E/SR for the purpose of changing the zoning from Residential Five (R-5) to Residential Six (R-6) with special use provision, 3600, on lands legally described as Lot 52, Plan 660 in the City of Kitchener (362 Edwin Street), be approved in the form shown in the "Proposed By-law", attached to Development and Technical Services Department report DTS 08-156, without conditions. 10. That Official Plan Amendment Application MP07/13/I/JVW requesting a change in designation to the existing Arterial Commercial Corridor Designation by developing a special policy for the subject lands to allow additional retail uses including an independent food store with a maximum size of 4645 square metres, and to limit the total retail uses on the property to a maximum of 10,662 square metres, be adopted; and further, That Zone Change Application ZC07/22/I/JVW requesting a change in the zoning from Arterial Commercial Zone (C-6) to Arterial Commercial with Special Use Provision 382 U and Special Regulation 484R on lands legally described as, Part Lot 4, Reference Plan 58R-14862, located north of Highland Road and west of Ira Needles Boulevard in the City of Kitchener be approved, and the "Proposed By-law", dated January 5, 2009, attached to Development and Technical Services Department report DTS-08-174 be amended to allow a food store with a maximum floor area of 4645 square metres. and total retail uses for the entire site shall not exceed 10,662 square metres. 11. That Official Plan Amendment Application OP08/03/H/KA requesting a change in designation from General Industrial to General Industrial with Special Policy 47 to permit social service establishment, on lands municipally known as 65 Hanson Avenue and 300 Ardelt Avenue, and legally described as Pt Lot 1 Plan 757 & Part Lot 17 Plan 791, in the City of Kitchener, be approved; and further, That Zone Change Application ZC08/05/H/KA requesting a change from General Industrial Zone (M-2) and General Industrial Zone (M-2) with Special Regulation Provision 1 R to General Industrial Zone (M-2) with Special Use Provision 64U and General Industrial Zone (M-2) with Special Regulation Provision 1 R and Special Use Provision 64U, on the lands owned by Family and Children's Services of the Waterloo Region, legally described as PT LOT 1 PLAN 757 & PART LOT 17 PLAN 791, in the City of Kitchener (municipally known as 65 Hanson Avenue and 300 Ardelt Avenue) in the form shown in the "Proposed By-law" dated December 1, 2008 attached to Development and Technical Services Department report DTS-08-203, be approved. 12. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation By-law 2002-64, grant draft approval for Plan of Subdivision Application 30T-02201, in the City of Kitchener (Sylvia Street), subject to the conditions outlined in Development and Technical Services Department report DTS-08-035, dated November 26, 2008. 13. That modifications to the Downtown Community Improvement Plan, proposing to convert the current loan/grant program to a grant program, be approved in the form shown in the by-law and modifications to Council Policy I-535, as attached to Chief Administrative Officer report CAO-08-041;and, That the application form, approval letter, checklist and rating system be received for information purposes, in the form of Appendix A attached to Chief Administrative Officer report CAO-08-041; and further, That the King Street Fagade Guidelines be approved in the form shown in Appendix C attached to Chief Administrative Officer report CAO-08-041. COUNCIL MINUTES JANUARY 12, 2009 - 15 - CITY OF KITCHENER HERITAGE KITCHENER - REPORTS ADOPTED BY COUNCIL 1. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register as non-designated properties of cultural heritage value or interest, in accordance with the Statements of Significance attached as Appendix 'A' to Development and Technical Services Department report DTS-08-179: • 2 Carisbrook Drive; • 518 Bridgeport Road; • 1925 Huron Road; • 54-68 King Street West; • 72-74 King Street West; • 82-86 King Street West; • 90 King Street West; • 144-150 King Street West; • 18-24 Ontario Street North; • 44-54 Queen Street South; • 45 Queen Street South; • 271 Reidel Drive; and, • 115 Water Street North. (Dealt with under Delegations and Carried) COUNCIL MINUTES JANUARY 12, 2009 - 16 - 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. Repeal & Replace Chapter 554 tLotteries) -Municipal Code Council considered Corporate Services Department report CRPS-09-002 (P. Harris), dated December 18, 2008. It was resolved: "That Chapter 554 (Lotteries) of the Municipal Code be repealed and replaced based on the proposed by-law attached to Corporate Services Department Report CRPS-09-002." 3. Renewal of Affiliated Neighbourhood Associations - 2009 Council considered Community Services Department report CSD-09-002 (M. Hildebrand), dated December 15, 2008. Councillor B. Vrbanovic advised that Kingsdale Neighbourhood Association should be listed as being located in Ward 3 as opposed to Ward 2. Councillor J. Gazzola inquired as to whether the Pioneer Park Mobilization Group, the Downtown East: "Ya Gotta Luv It" project and a similar community mobilization group in Ward 1 should be included on the list of affiliated neighbourhood associations. Ms. P. Houston advised that there are specific requirements that must be met to qualify as an affiliated group and agreed to report back to the January 26, 2009 Council meeting with information as to whether those groups would meet the affiliation criteria. It was resolved: "That the list of Neighbourhood Associations attached to Community Services Department report CSD-09-002, dated December 15, 2008, be approved for affiliation with the City of Kitchener for 2009, subject to the list be amended to reflect that the Kingsdale Neighbourhood Association is located in Ward 3." 4. Additional Licenses -Delta Project tSAP Canada Inc.) Council considered Financial Services Department report FIN-09-003 (D. Chapman), dated December 22, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an appendix satisfactory to the City Solicitor, amending the November 12, 2007 Software End-User License Agreement with SAP Canada Inc., to increase the number of SAP Application Limited Professional user licenses for $11,488.50 plus applicable annual support fees ($210.62 for December 2008 and $2,527.47 for 2009) and taxes." COUNCIL MINUTES JANUARY 12, 2009 - 17 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Permission to Sell Merchandise -Extend-A-Family Waterloo Region Council considered Corporate Services Department report CRPS-09-001 (P. Harris), dated December 17, 2008. It was resolved: "That the request of Extend-A-Family Waterloo Region to sell merchandise in Victoria Park on May 24, 2009 be approved provided the necessary licence is obtained." 6. Committee of Adjustment Decisions Council considered Corporate Services Department report CRPS-08-196 (D. Gilchrist), dated December 30, 2008. It was resolved: "That the application of Victoria Ariens (FN 2008-013 - 300 Joseph Schoerg Crescent) requesting permission to construct a stone fence on the lot line along Joseph Schoerg Crescent such that the fence will have a height of 1.5m (4.92') with wooden fence posts having a height of 1.8m (5.9') rather than the permitted height of 0.9m (2.95'), and to permit a visibility triangle at the coach house parking spaces of 0.5m (1.64') rather than the required 4.57m (14.83') and a corner visibility triangle at the driveway of 3m (9.84') rather than the required 4.57m (14.83'), on Part Lot 12, Beasley's Broken Front Concession and Part Block 12, Registered Plan 58M-400, being Parts 1, 3 and 4, Reference Plan 58R-15677, 300 Joseph Schoerg Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variances as approved shall be generally in accordance with the plans submitted at the December 9, 2008 Committee of Adjustment meeting. 2. That the applicant shall provide 3 parking stalls delineated at 2.6m (8.53') in width beginning at the northerly edge of the parking area. 3. That the applicant shall provide a 1.2m (3.94') sidewalk connection in a material alternative to asphalt and paint between the parking stalls and the fence." -and- "That the application of Lise and Don Mathias (FN 2008-014 - 44 Applewood Avenue) requesting permission for a driveway visibility triangle measuring 4.57 m. (15') along the driveway and 2.43 m. (8') along Monterey Road rather than the required 4.57 m. (15') along the driveway and 4.57 m. (15') along Monterey Road, on Part Lot 91, Plan 928, 44 Applewood Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall trim any tree branches over hanging or jutting into the driveway visibility triangle." 7. Wilfrid Laurier University Pool Fundraising Council considered this date Community Services Department report CSD-09-007 (P. Houston), dated January 9, 2009. Ms. P. Houston advised that notification has been received from the City of Waterloo indicating that their consideration of this matter has been deferred for one week. She requested that Council defer consideration of this matter to the January 26, 2009 Council meeting. COUNCIL MINUTES JANUARY 12, 2009 - 1$ - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Wilfrid Laurier University Pool Fundraising tCont'd) It was resolved: "That consideration of Community Services Department report CSD-09-007 (P. Houston) be deferred to the Council meeting of January 26, 2009."