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HomeMy WebLinkAboutCouncil - 2009-06-29 COUNCIL MINUTES JUNE 29, 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 Crystal Wolfe, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held June 15, 2009 and special meetings held June 15 & 22, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Mr. T. Speck, General Manager, Corporate Services, introduced Mr. Greg Levine, who has accepted the position of Integrity Commissioner with the City of Kitchener. Mr. Levine provided information on his professional background and advised that as the need arises, he will endeavor to perform his duties with impartiality, ensure due diligence and provide useful recommendations to Council. Ms. Michelle Wade, Heritage Planner, provided background information concerning recommendations of Heritage Kitchener, as contained in the Committee’s report of this date, dealing with the listing of certain properties on the Municipal Heritage Register (MHR) as non-designated properties of cultural heritage value or interest. She advised that being listed does not obligate the property owner in respect to restoration of the building structures but does provide ability for staff to delay demolition approval from 30 to 60 days and to request, where deemed appropriate, a Heritage Impact Assessment (HIA) or Conservation Plan to be completed under a Planning Act application. It was noted that responses from certain property owners, both in support and opposed, were heard at the Heritage Kitchener meeting; however, Ms. Wade advised that the delegation registered this evening in respect to 621 King Street West, did not provide either written or oral submission. She stated that the property is proposed for listing because of its historical cultural interest in respect to its Gothic Victorian design and its association to the Kaufman family, who built and lived in the home for a number of years and who are prominently known in the community. The property is now owned by the Ratz Bechtel Funeral Home. Ms. Wade then referred to 628 New Dundee Road, advising that the property owner had expressed concerns that the listing could deter prospective purchasers and potentially restrict development opportunities. She reiterated that the listing only provides staff with ability to delay a demolition application and/or require an HIA or Conservation Plan to be completed under a Planning Act application. Carly Lounsbury, Ratz-Bechtel Funeral Home, spoke in opposition to Clause 3 of the Heritage Kitchener report as it relates to the listing of 621 King Street West on the MHR. She stated that while there are no immediate plans for redevelopment of the property, they would prefer the property to remain unencumbered by anything that may delay future development. She added that this is of particular concern to them because of the uncertainty of what may occur with implementation of the proposed Light Rail Transit (LRT) system and the impact its future alignment may have to their property. Councillor J. Gazzola questioned if the delegation saw any historical value in the property. Ms. Lounsbury acknowledged the historical value, noting that this was not the concern but rather it was the potential deterrent that the listing may have to future development and their ability to realize a return on their investment in the property. Councillor Gazzola encouraged support in listing the King Street property because of its historical association with the Kaufman family, commenting that the listing does not really hinder the property owner in any way but does accomplish what can be done at this time to preserve a part of the community’s history. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz “That the portion of Clause 3 of the Heritage Kitchener report of this date pertaining to the property known municipally as 621 King Street West, be adopted”. Carried. Mr. Peter Vos, property owner, spoke in opposition to Clause 2 of the Heritage Kitchener report, as it relates to listing of 628 New Dundee Road on the MHR. He commented that he and his family have maintained the historical value of the property without being listed on the MHR. He added that they COUNCIL MINUTES JUNE 29, 2009 187CITY OF KITCHENER - - have lost enjoyment of their property due to ongoing planning of future changes in the immediate road system, needed to accommodate growth and over which they have no control. If the property is listed, he questioned his ability to accommodate demolition of an existing barn on the property should the underlying lands be required for the road reconstruction. Mr. J. Willmer advised that a demolition permit is not required for demolition of structures on agricultural lands, unless the property is formally designated. Councillor Gazzola requested clarification of what is included in the listing and was advised that it applies to the house, barn and a shed. Councillor K. Galloway inquired if the delegation would be satisfied if only the house and shed is included in the listing. Mr. Vos advised that he would prefer that none of the structures on the property be listed. On motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, Clause 2 of the Heritage Kitchener report of this date was brought forward for consideration to list 628 New Dundee Road on the MHR. Councillor Galloway inquired as to the impact if a decision was not made this date in respect to 628 New Dundee Road. Ms. Wade advised that the property would be removed from the heritage inventory and there would be no ability to request an HIA or Conservation Plan to be completed in the event of a Planning Act application. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic be deferred for further “That Clause 2 of the Heritage Kitchener report of this date consideration to the August 24, 2009 Council meeting , pending further dialogue to address concerns as raised by the property owner.” Carried. Andrea Bazler, Glenville Marshall and Emily Damstra, residents, attended in respect to a letter sent from the City’s Community Services Department advising that garden plots adjacent to the current Williamsburg Cemetery will be closed in 2010 to prepare for the next expansion phase of the Cemetery. As users of the garden plots, the delegations raised concerns that no alternative site is to be made available and presented a petition asking that the City consider the added value of the gardens to the community as a gathering place and means to grow food for their families; and recognize that there are few alternatives that provide enough land, do not have membership restrictions, are affordable or can guarantee them a plot next season. They asked that the City provide a guaranteed alternative location this fall so it can be prepared for the 2010 growing season. Candace Wormsbecker, Community Garden Council, attended in support of the Williamsburg garden community, advising her organization supports 40 community gardens Region-wide, of which 18 are located in Kitchener. She thanked the City for its community gardening policies and start-up grant program, commenting that there is growing demand for space in community gardens and they are important in the current economic climate to those relying on the gardens as a source of food for their families. She expressed the opinion that the closing of the Williamsburg garden plots is a backward step in respect to Regional and municipal planning policies, and hoped that an alternative would be provided, or more transition time given to allow the gardeners to find another location. Ms. Wormsbecker acknowledged the need for expansion of the Cemetery, however, asked that the City ensure this gardening community is not lost. Ms. P. Houston, General Manager, Community Services, stated that Community Services supports community gardens and encourages their use where feasible. She pointed out that the subject gardens are allotment garden plots organized and managed by the City. There are approximately 192 plots which are rented at $23. per year and all but 19 plots have been rented. She advised that the garden was established over 25 years ago as an interim use until the next phase of Williamsburg Cemetery commenced. Ms. Houston stated that staff is currently working on a business plan for Phase II of the Cemetery as directed by Council. It was noted that within the 18 community garden sites in Kitchener there are approximately 300 plots in total currently operated on a volunteer organization basis as facilitated by the City. Ms. Houston advised that staff is willing to work with a COUNCIL MINUTES JUNE 29, 2009 188CITY OF KITCHENER - - community volunteer group to start a new community garden for the displaced gardeners that would be supported through the City’s Community Garden Policy. Councillor J. Gazzola inquired as to when the area would be required for the Cemetery. Ms. Houston advised that the business case will come forward in the next 6 months and work will then commence on grading of the lands to prepare it for the intended use. Councillor’s G. Lorentz, K. Galloway and B. Vrbanovic spoke in support of providing an alternative location, suggesting that staff look at City-owned lands in the area of Fischer-Hallman and Huron Roads or an alternate location within Williamsburg Cemetery itself; and for staff to work with community groups in the geographical area that may be of assistance in forming a volunteer garden group. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz “That Community Services staff be directed to support the Williamsburg gardening community in organizing a volunteer gardening group and to investigate alternative locations for a community garden, which may include an alternate site within the Williamsburg Cemetery; and bring forward a report to the Community Services Committee in September 2009 or earlier.” Carried. Mr. P. Britton, MHBC Planning Limited, attended in support of Clause 8 of the Development and Technical Services Committee report, dealing with Official Plan Amendment application MP 06/01/G/TMW (The INCC Corp.), Ira Needles Boulevard; and in support of Items B.2 and B.10 of the Committee of the Whole agenda, dealing with execution of an engineering agreement for the Ira Needles Boulevard / Glasgow Street realignment project (report DTS-09-097) and a cross-border servicing agreement with the City of Waterloo and The INCC Corporation for provision of services (report CRPS-09-098 - Ira Needles Boulevard), respectively. Councillor K. Galloway noted an error of omission in report CRPS-09-098 (F. McCrea), dated June 24, 2009 and staff concurred that at the end of the second line under the heading “Financial by Implications” it should be read as “… will be paid for the developer.”. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That Clause 8 of the Development and Technical Services Committee of this date be adopted.” Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Ira Needles Boulevard/Glasgow Street Re-alignment project, subject to the developer entering into a subdivision agreement with the City for Draft Plan of Subdivision 30T-02208 when agreement shall be registered on title to the subdivision lands.” Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That the Mayor and Clerk be authorized to execute a Cross Border Servicing Agreement with the City of Waterloo and The INCC Corporation for the provision of services including water and sanitary sewer, to those lands described as Part of Lot 40, German Company Tract being Part 1 on Reference Plan 58R-16528, City of Waterloo, Regional Municipality of Waterloo (PIN COUNCIL MINUTES JUNE 29, 2009 189CITY OF KITCHENER - - 22184-0464) required for a proposed mixed commercial development, on terms and conditions satisfactory to the City Solicitor and the Director of Engineering Services.” Carried. Mr. Michael De Andrade, resident, attended in support of the decision of the Committee of Adjustment regarding Fence Variance Application, Submission No. FN 2009-004 (133 Marlborough Avenue), listed as Item B.4 on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway “That the application of Micheal De Andrade & Luciene Sestrem (FN 2009-004 – 133 Marlborough Ave) requesting permission to erect a 1.8m (6’) high fence to be located 0.6m (1.96’) from the lot line along Admiral Road rather than the permitted 0.9m (3’) high fence, on Lot 33, Plan 882, 133 Marlborough Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the front lot line and once approved shall install the said landscaping no later than September 30, 2009. 2. That the variance as approved in this application shall apply to the proposed fence and fence location only in accordance with the drawings submitted with Fence Variance Application FN 2009-004.” Carried. Mr. Glen Woolner, Community Renewable Energy Waterloo (CREW), attended in support of the recommendation contained in Development and Technical Services Department report DTS-09-105 (B. Steiner), dated June 24, 2009, listed under Item 7a) - Unfinished Business on the Council agenda. Mr. Woolner disagreed with wording in report DTS-09-105 that suggests CREW was late in submitting their grant request, advising that they had submitted on time and had been working since then with City staff to clarify certain issues pertaining to their application. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway “That a grant of $5,000. from the Local Environmental Action Fund (LEAF) to Community Renewable Energy Waterloo (CREW) be approved to support the 2009 work program, of the Power$aving Network; and further, That CREW be advised to re-apply at the next LEAF intake for any further grant amounts.” Carried. Ms. Ginny Quinn, resident, attended in regard to Clause 11 of the Development and Technical Services Committee report, dealing with disposition of certain park land and City-owned vacant lands. Ms. Quinn thanked Council for its unanimous decision not to sell certain parklands and green spaces. She requested clarification as to which parcels the Committee recommendation addresses and if there are other parcels proposed the public is not yet aware of. She questioned if a contract will be drawn that will include the wording “in perpetuity” so that these lands will be protected and remain parkland forever; and if the public will be allowed to provide input into the document. She also asked if the contract would be added to the deeds of the parklands, if the parklands would be entered in the City`s Master Plan and if a few citizens involved in this matter could retain a copy of the contract. Ms. Quinn stated that those involved would prefer not to have to ever deal with this matter again and advised that she would make herself available to meet with staff to pursue these matters further. Mayor C. Zehr advised that there would not be a contract in the form suggested. He pointed out that the lands involved are City-owned and are part of land designations included in the City`s Zoning By- law and Official Plan. He advised that no guarantee can be given as to future disposition of the lands as this Council cannot legally bind a future Council in this regard. He suggested, however, that given the outcome of this process it is unlikely any future change would be made, adding that no change can occur without a similar public process being conducted. COUNCIL MINUTES JUNE 29, 2009 190CITY OF KITCHENER - - Mr. J. Willmer, Interim General Manager, Development and Technical Services, commented that the lands involved are already identified as P1 Tablelands in the Official Plan but suggested that if Council wishes to give greater indication to the public and future Councils they could consider amending the Official Plan to re-designate parklands from low rise residential to open space and an amendment to the Transportation Plan to eliminate minor collector roads proposed to pass through certain green spaces. Ms. L. MacDonald, City Solicitor, concurred with Mr. Willmer`s suggestions, noting that any subsequent change would then have to proceed under normal Planning Act practices. Councillor B. Vrbanovic commented that it was his understanding the last paragraph of Clause 11 was intended to formalize the lands as parkland and questioned if Council could do so this date or if a City-initiated rezoning would be required. Ms. MacDonald clarified that this could not be accomplished at this meeting as it would require a City-initiated Official Plan Amendment to formalize the lands as parkland. Mayor Zehr requested clarification if this would apply only to the 4 parcels outlined in the recommendation, noting that Kehl Street lands are deferred for further consideration to the October 5, 2009 Development and Technical Services Committee meeting, and there are other parcels also involved. Councillor Galloway noted that Clause 12 of the Committee report deals with the remaining lands which are to come forward in a subsequent report in the Fall 2009 and therefore, only the 4 parcels outlined in Clause 11 of the report would be dealt with this date. Councillor G. Lorentz referred to the Kehl Street lands, commenting that it had been his understanding it was intended that staff would speak with area landowners to determine what might be done in this location and failing a resolution, then staff were to consider construction of a pedestrian walkway. Mayor Zehr concurred that this had been his intent. Mr. Willmer added that a number of options were discussed including potential realignment or extension of Donley Street, as well as, a pedestrian walkway and it was staff`s intention to meet with all interested parties. He did caution in respect to construction of a walkway, however, as it would lead to a private property. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That Clause 11 of the Development and Technical Services Committee of this date be adopted, as amended to provide that the first paragraph include direction to staff to speak with area landowners regarding options for use of the Kehl Street property and to provide that the last paragraph include direction to staff to pursue any zoning or Official Plan amendments necessary to effect the parkland designation.” Carried Unanimously, on a recorded vote. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That Clause 12 of the Development and Technical Services Committee of this date be adopted.” Carried Unanimously, on a recorded vote. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That Clause 13 of the Development and Technical Services Committee of this date be adopted.” Carried. Mr. B. Korah, Manager, Development Engineering, attended in support of Item B.9 of the Committee of the Whole agenda, concerning receipt of the Plains Road Closure Environmental Study Report (ESR) and request to file same with the Ministry of Environment for the mandatory 30 day review period (report DTS-09-103). Moved by Councillor K. Galloway Seconded by Councillor C. Weylie COUNCIL MINUTES JUNE 29, 2009 191CITY OF KITCHENER - - “That the Plains Road Closure Environmental Study Report (ESR) prepared by MTE Consultants Inc., dated June 23, 2009 be received; and further, That the Plains Road Closure ESR be filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act.” Carried. Mr. L. Gordon, Chief Purchasing Officer, 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 Expression of Interest E09-041, Prequalification of General Contractors – Kingsdale Community Centre Construction, be awarded to the following companies: Dakon Construction Ltd. Waterloo, ON Melloul – Blamey Construction Inc. Waterloo, ON Merit Contractors Niagara St. Catharines, ON M.J. Dixon Construction Limited Mississauga, ON Nith Valley Construction (2008) Ltd. New Hamburg, ON Tambro Construction Ltd. Guelph, ON .” - and - “That Expression of Interest E09-042, Prequalification of Electrical Sub-Contractors – Kingsdale Community Centre Construction, be awarded to the following companies: Arcon Electric Ltd. London, ON Conestogo Electric Inc. Kitchener, ON Harold Stecho Electric Ltd. Waterloo, ON Juno Electric Guelph, ON KWE Inc. Cambridge, ON The Roberts Group Inc. Kitchener, ON .” - and - “That Expression of Interest E09-043, Prequalification of Mechanical Sub-Contractors – Kingsdale Community Centre Construction, be awarded to the following companies: Brenner Mechanical Inc. Waterloo, ON Nelco Mechanical Limited Kitchener, ON The Roberts Group Inc. Kitchener, ON Sprint Insight Inc. North York, ON .” - and - “That Proposal P09-044, Playground Construction – Nine Parks, be awarded as follows: Existing parks Henderson Recreation Equipment Limited, Simcoe Argyle Park to at their proposed price of $20,979.53, including PST & GST; Henderson Recreation Equipment Limited, Simcoe Raddatz Park to at their proposed price of $12,599.79, including PST & GST; Henderson Recreation Equipment Limited, Simcoe Detweiler Park to at their proposed price of $12,401.89, including PST & GST; Playpower LT Canada Inc., Paris George Lippert Park to at their proposed price of $25,975.18, including PST & GST; Playpower LT Canada Inc., Paris Westheights Park to at their proposed price of $11,646.31, including PST & GST; and further, COUNCIL MINUTES JUNE 29, 2009 192CITY OF KITCHENER - - New Parks Playpower LT Canada Inc., Paris Huck Park to at their proposed price of $34,864.70, including PST & GST; Playpower LT Canada Inc., Paris Lancaster Park to at their proposed price of $17,997.24, including PST & GST; Playpower LT Canada Inc., Paris Tremaine Park to at their proposed price of $34,480.52 including PST & GST; Jambette Playground Equipment, Levis, Ontario Foxglove Park to at their proposed price of $49,990.50, including PST & GST.” - and - “That Tender T09-055, Sandrock Greenway Sanitary Trunk Sewer Reconstruction – Phase 2, 2153592 Ontario Limited, o/a Elgin Construction, St. Thomas, Ontario be awarded to at their corrected tendered price of $1,426,784.68, including provisional items and contingencies of $134,864.65 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - Terracon “That Tender T09-018, Benton/Martin – Road Reconstruction, be awarded to Underground Ltd., Brantford, Ontario at their tendered price of $1,149,066.61., including provisional items and contingencies of $208,875 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - McGillivray & Sons “That Tender T09-057, Lateral Sewer Pipe Bursting, be awarded to Contractors Ltd., St. Agatha, Ontario at their tendered price of $252,000., including 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.” Voted on Clause by Clause. Dealt with under Delegations and Clause 8 - Carried Unanimously. Dealt with under Delegations and Clause 11 - Carried Unanimously, on a recorded vote, as Amended. Dealt with under Delegations and Clause 12 - Carried Unanimously, on a recorded vote. Dealt with under Delegations and Clause 13 - Carried. Carried. Balance of report - COUNCIL MINUTES JUNE 29, 2009 193CITY OF KITCHENER - - Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola “That the report of the Finance and Corporate Services Committee be adopted.” Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz “That the report of Heritage Kitchener be adopted.” Voted on Clause by Clause. Deferred to the August 24, 2009 Clauses 1 & 2 - Council meeting pending further discussion among all interested parties. voted on in two separate parts as Clause 3 - follows: Dealt with under 621 King St.W. - Delegations and Carried. Carried. Balance of Clause 3 - Moved by Councillor J. Smola Seconded by Councillor G. Lorentz “That the Audit Committee report of this date be adopted.” Carried. Council considered this date a request from Ms. L. MacDonald, City Solicitor, to extend the Letter of Intent with Andrin Investments Limited from June 30, 2009 to July 8, 2009, relative to execution of the Centre Block Agreement of Purchase and Sale as the principle signing authority for Andrin is th unavailable to allow the June 30 deadline to be met. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway “That notwithstanding Council’s resolution of June 15, 2009, the City Solicitor be authorized to extend the Letter of Intent with Andrin Investments Limited to July 8, 2009 relative to execution of the Agreement of Purchase and Sale for the City-owned lands known as the Centre Block.” Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add 5 additional by-laws for three readings this date, being: an Official Plan Amendment (No.81) and Zoning Amending By-law relative to Clause 8 of the Development and Technical Services Committee report; two Zoning Amending By- laws relative to Clauses 9 and 10 of the Development and Technical Services Committee report; and a by-law to amend Chapter 665 (Property Standards) of the Municipal Code relative to Clause 2 of the Finance and Corporate Services Committee report. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. COUNCIL MINUTES JUNE 29, 2009 194CITY OF KITCHENER - - (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) 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. (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (f) Being a by-law to exempt certain lots from Part Lot Control – Part of Lot 15 and Lot 16, Registered Plan 58M-411 – Paige Street. (g) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (h) Being a by-law to exempt certain lots from Part Lot Control – Blocks 109 to 115 inclusive, Registered Plan 58M-474 – Countrystone Drive. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to amend Chapter 665 to the City of Kitchener Municipal Code with respect to Property Standards for Maintenance and Occupancy. (k) Being a by-law to adopt Amendment No. 81 to the Official Plan. (l) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – The INCC Corp. – Ira Needles Boulevard. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Robert Harwood – Fischer Hallman Road. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener Housekeeping Amendment. And that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “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 J. Smola Seconded by Councillor B. Vrbanovic “That the by-laws be given third reading, namely: COUNCIL MINUTES JUNE 29, 2009 195CITY OF KITCHENER - - (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2009-092) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2009-093) (c) 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. (By-law No. 2009-094) (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2009-095) (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2009-096) (f) Being a by-law to exempt certain lots from Part Lot Control – Part of Lot 15 and Lot 16, Registered Plan 58M-411 – Paige Street. (By-law No. 2009-097) (g) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2009-098) (h) Being a by-law to exempt certain lots from Part Lot Control – Blocks 109 to 115 inclusive, Registered Plan 58M-474 – Countrystone Drive. (By-law No. 2009-099) (i) To confirm all actions and proceedings of the Council. (By-law No. 2009-100) (j) Being a by-law to amend Chapter 665 to the City of Kitchener Municipal Code with respect to Property Standards for Maintenance and Occupancy. (By-law No. 2009-101) (k) Being a by-law to adopt Amendment No. 81 to the Official Plan. (By-law No. 2009-102) (l) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – The INCC Corp. – Ira Needles Boulevard. (By-law No. 2009-103) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Robert Harwood – Fischer Hallman Road. (By-law No. 2009-104) COUNCIL MINUTES JUNE 29, 2009 196CITY OF KITCHENER - - (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener Housekeeping Amendment. (By-law No. 2009-105) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 9:00 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 29, 2009 197CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – 1. That the on-street parking regulations on Glasgow Street between Fischer Hallman Road and University Avenue be changed to “No Stopping Anytime” on the south side from University Avenue to a point 196 metres east thereof and “No Parking Anytime” on the north side from a point 118 metres east of University Avenue to a point 68 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the on-street parking regulations on Avalon Place be changed to “No Parking Anytime” on the north side from a point 105 metres east of Southmoor Drive to a point 14 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 3. That the on-street parking regulations on Nyberg Street be changed to allow parking on the north side from Ottawa Street South to Borden Avenue for a maximum of two (2) consecutive hours; and further, That the Uniform Traffic By-law be amended accordingly. 4. That the Mayor and Clerk be authorized to execute the Agreement dated January 1, 2009, in the form attached to Development and Technical Services Department report DTS-09-101, with the Regional Municipality of Waterloo with respect to the installation, ownership, maintenance and replacement of sidewalks on Regional roads, subject to the satisfaction of the City Solicitor. be deferred and 5. That consideration of Corporate Services Department report CRPS-09-029 referred to the August 10, 2009 Development and Technical Services Committee meeting in accordance with a request from the proponent. 6. That the Victoria Park Lake Improvements Class Environmental Assessment Report prepared by CH2M Hill and Stantec Inc., dated June 2009 be received; and, That the Victoria Park Lake Improvements Class Environmental Assessment Report be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act; and further, That staff be directed to commence the phased implementation of the recommendations of the Victoria Park Lake Improvements Class EA, following the thirty (30) day mandatory review period and Ontario Ministry of the Environment acceptance of the study, through the Capital Budget process starting in 2010. 7. That two (2) traffic calming reviews be commenced in 2009-2010 for Country Hill Drive and Perth Road, with construction of any traffic calming measures resulting from these reviews to be completed in 2011; and further, That consideration of the request for an additional $25,000. to allow for the completion of all outstanding traffic calming installations from 2007 and 2008, be referred to the 2010 Capital Budget Review process as outlined in Development and Technical Services Department report DTS-09-076. 8. That as directed by Council on June 25, 2007 in response to Development and Technical Services Department report DTS-07-106, Official Plan Amendment Application MP06/01/G/TMW (The INC Corp.) requesting a change in designation from General Industrial to Planned Commercial Campus with Special Policy Area No. 48 on lands legally described as Part of Lot 39, German Company Tract, Ira Needles Boulevard, in the City of Kitchener, be adopted, in the form shown in the Official Plan Amendment attached to Development and COUNCIL MINUTES JUNE 29, 2009 198CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 8. (Cont’d) Technical Services Department report DTS-09-093, as amended to replace Sections 3 and 4 as follows, and accordingly forwarded to the Region of Waterloo: SECTION 3 – BASIS OF THE AMENDMENT The Preferred Development Concept Official Plan Amendment and Zone Change applications have been submitted for lands located in both the City of Kitchener and the City of Waterloo. A coordinated approach to the review and processing of the applications has taken place and as a result a Mixed Use Commercial development concept is proposed. This amendment relates to the Kitchener portion of the Mixed Use Commercial development. The Mixed Use development is to be a contemporary node of employment, service, lifestyle, entertainment, retail and related uses with a strong representation of services, particularly office. The total development includes a gross floor area of approximately 102,190 square metres (1.1 million square feet). Of this floor area, approximately 50% is located in each municipality. The uses include office (19%), entertainment (9%), services (1%), retail (66%) and restaurant (4%). The overall development will include Mixed Use buildings, a corporate office edge (Waterloo) integrated entertainment uses, themed retail areas, a central amenity area, pedestrian access, connections to cycling facilities and direct access to transit. Locational Context The lands affected by the Amendment abut the west side of Ira Needles Boulevard (a major Regional arterial road) are adjacent to a major residential area and are located where University avenue intersects with Ira Needles Boulevard. University Avenue is a major road that runs through Waterloo, connecting to the Conestoga Parkway at the University Avenue interchange. Ira Needles Boulevard also connects to the Conestoga Parkway. The site’s area (18.1 hectares in Kitchener), configuration (rectangular), lot depth (350 metres), frontage (528 metres in Kitchener), exposure to the traveling public and adjacency to a large residential area make it well suited for Mixed Use Commercial purposes. Provincial Planning Policy and “Employment” The planning applications pre-date the “Places to Grow Plan” and Bill 51 and have been considered in the context of the 2005 PPS. Section 1.1.1(b) of the PPS stated that a healthy, accommodating an appropriate range and mix liveable and safe community is sustained by “… of residential, employment (including industrial, commercial and institutional uses), recreational and open spaces uses to meet long term needs.” The term “employment” in Section 1.1.1. of the PPS specifically includes industrial, commercial and institutional uses commonly referred to as “ICI”. Since retail and commercial uses are employment generating uses, the 2005 PPS has been interpreted by the Ontario Municipal Board to include commercial as an “employment” use. Provincial Policy also mandates that sufficient land be made available to accommodate an appropriate range and mix of “employment” opportunities for a time horizon of up to 20 years. Market/retail studies have been completed which confirm West Kitchener and waterloo are significantly under-stored/under-serviced with respect to retail, service and entertainment opportunities. Redesignation of the lands to provide for these uses would be consistent with the PPS. The location of commercial is in large part market based. The subject lands are well located and accessible to a large residential area. Commercial/retail centers of the nature proposed COUNCIL MINUTES JUNE 29, 2009 199CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 8. (Cont’d) have been typically approved on an application basis. Industrial location and inventory analysis has been dealt with on a Regional basis and in the context of the Regional Official Plan. The Region’s Industrial and Business Park Vacant Land inventory identifies the subject lands as “Potentially in Transition”. The subject lands were not considered to be part of the Region’s “effective” industrial and business park inventory for Regional land budgeting purposes. The Kitchener lands should be considered in the context of adjacent Waterloo lands. Coordination between the two cities has occurred to ensure a Mixed Use Commercial development including a range of business and economic activities. The Mixed Use Commercial development should also be put into context with industrial lands located to the north and located in the City of Waterloo. The public interest will benefit through the combination of business park, office, industrial uses with a unique and needed commercial/service component which has been comprehensively planned to achieve superior design and address modern employment, retail and service trends. Analysis in support of the applications confirms the Mixed Use development will create approximately 3,200 jobs. Employment projections underscore the Mixed Use Commercial proposal is appropriately considered to be an “employment” use under the 2005 PPS. It is concluded that the proposal does not result in or constitute a conversion of lands within an “employment area” to non-employment purposes. The Mixed Use development is consistent with other relevant policy considerations detailed in the 2005 PPS: The proposal is located within a designated Settlement Area which is to be the focus of growth. The design and employment densities promote transportation choice, support transit, facilitate pedestrian movement and integrates with existing and planned cycling routes. A mix and range of employment uses are proposed in proximity to residential reducing commutes to services and employment. Infrastructure is available and uneconomic infrastructure expansion is not required. A collaborative and coordinated approached between the City of Waterloo, City of Kitchener and Regional Municipality of Waterloo has occurred throughout the process (coordinated/integrated/comprehensiveinter-municipal coordination). A range of employment uses consistent with Provincial land use compatibility guidelines is proposed. Notwithstanding the application “predates” the “Places to Grow Plan”, the proposal is in keeping with several aspects of the document including the provision of employment, retail, entertainment and service in proximity to a predominantly residential community. Higher employment densities, a development integrated with transit and the range of uses all contribute to the “complete community” concept. Regional Official Policies Plan (ROPP) The lands are currently designated City Urban Area in the ROPP. The proposed use of the property for Mixed Use Commercial development is permitted. Regional Planning Staff has advised that an amendment to the ROPP to facilitate the development is not required. Urban Structure The urban structure of the two cities has been considered as have the commercial policies of Kitchener and Waterloo. Some considerations include: COUNCIL MINUTES JUNE 29, 2009 200CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 8. (Cont’d) There is a large, contiguous residential area (111,455 to 125,105 residents) immediately to the east of the lands. The lands are will located to satisfy the commercial needs of the adjacent residential area. The lands will provide employment opportunities in proximity to the residential area contributing to the complete community concept. The urban structure for Waterloo and Kitchener includes a series of north-south and east-west arterial roads. The lands are well connected to the arterial road network. Ira Needles Boulevard is a primary Arterial Road and provides appropriate exposure, frontage and accessibility. The lands represent one of the last opportunities to provide a comprehensively planned, Mixed Used Commercial development on the westside of Waterloo and Kitchener providing needed services, retail and employment opportunities. The lands in both Kitchener and Waterloo are currently zoned for a range of employment uses including service, membership warehouse, arterial commercial, industrial, office, restaurant and other uses. Coordinated planning efforts between the two municipalities will achieve a more comprehensive approach to the planning and design of the lands. This Amendment, implementing zoning by-laws and design guidelines will assist in achieving a coordinated development. The location of the Mixed Use Commercial development achieves an appropriate distribution of commercial districts serving Kitchener and Waterloo particularly given that under-serviced trade area associated with northwest Kitchener, west and southwest Waterloo. These residential areas are somewhat disconnected and relatively distant from other centres. The location of the development will assist in reducing the length of commuter trips. Background Studies A number of studies and related addendums have been prepared in support of the applications. Studies include a Market Feasibility and Impact Report prepared by John Winter Associates Limited, a Planning Report by MHBC Planning, Urban Design Guidelines prepared by MHBC Planning and A. Baldassarra Architect (with input from Regional Municipality of Waterloo, City of Kitchener and City of Waterloo staff), and a Traffic Impact Study prepared by Paradigm Transportation Solutions Limited. These studies and agency input to these studies have been considered and form part of the basis of this amendment. Ira Needles Boulevard and Traffic Considerations The Ira Needles corridor has been studied since at least 1977. Prior to constructing Ira Needles Boulevard, the Region prepared an updated traffic analysis. The Region’s traffic analysis considered the potential of all the lands within the corridor including the lands affected by the amendment and concluded that Ira Needles could be initially built as a two lane arterial road. At least three traffic impact studies have been prepared and submitted for the lands affected by this amendment. Traffic analysis has been updated to reflect the current proposal which has evolved as a result of the development review process. Some of the key findings and outcome of the traffic analysis and related reviews include: Existing Ira Needles Boulevard is operating effectively and will below capacity. The total amount of traffic generated during the peak conditions will be reduced by as much as 25% compared to existing zoning. This is a result of the Mixed Use devolvement concept. A heavier orientation of demand will be to the east (Erb Street, University Avenue and Victoria Street) recognizing the large contiguous residential market. COUNCIL MINUTES JUNE 29, 2009 201CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 8. (Cont’d) Projected volumes to 2013 including the proposed development and other area developments can be accommodated by Ira Needles Boulevard with two lane roundabouts. The projected volumes to 2021 including the Ira Needles Mixed Use Development and other areas development can be accommodated by the existing two lane Ira Needles Boulevard with two lane roundabouts and minor improvements. The proposed zone change does not accelerate the need to widen Ira Needles Boulevard when compared to existing zoning permissions as the total traffic generated is very similar. Certain site improvements should be implemented. This includes a commitment on the part of the developer to construct an additional roundabout at what is commonly referred to as Entrance Number 5. The roundabout will be constructed at the outset rather then later in the planning period when the improvement is actually warranted. Regardless of the proposal, certain improvements are required and intended as Regional development charge projects to be implemented over time. The Region will continue to monitor traffic as part of the Regional Transportation Plan Review and. Related updates as part of a system wide approach to implementing road improvements. The Region will also prepare an intersection study at Ira Needles Boulevard and Thorndale Drive which relates to the imminent Thorndale Drive connection to Ira Needles Boulevard. The developer is proceeding to realign Glasgow Street to permanently resolve intersection safety issues associated with the intersection of Old Glasgow Street and Ira Needles Boulevard. Retail Study and Retail Peer Review A Retail Study in support of the development was submitted with the applications. The Retail Study has been updated to review/assess the current proposal. The City of Kitchener retained a peer reviewer to assist in the assessment of the applications. The same peer reviewer was retained by the City of Waterloo. The Retail Study concludes that: There is a need for development. Of note, the level of service (measured in terms of square feet per capita) measured at 7.4 square feet per person in 2005, is considerably below standard in this market area. There will be acceptable impacts on the planned commercial structure and the “planned hierarchy in Waterloo will not be undermined.” There is a low vacancy rate in the City of Kitchener and the proposal will assist in addressing the under-storing situation in Kitchener and Waterloo and assists in achieving competitive vacancy rates in the trade area. From a planning perspective, the retail trade area is somewhat disconnected from retail providers. The proposed development will achieve a better distribution and a balanced commercial structure consistent with commercial policy. Commercial policy recognizes that a healthy commercial sector is a critical element of a strong urban economy and that commercial development should be well distributed, easily accessible and adaptable. Policies and/or implementing zoning should provide certain provisions (in both Kitchener and Waterloo) to ensure a Mixed Use Commercial Centre and acceptable market impacts. Some of the provisions include; a total retail floor area limitation; restrictions on the amount of small retail space less them 465 square metres (5,000 square feet); restrictions on freestanding grocery store/foodstore greater then 465 square metres (5,00 square feet); requiring a minimum amount of office; differentiating and distinguishing retail formats by zoning regulations. COUNCIL MINUTES JUNE 29, 2009 202CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 8. (Cont’d) Design Features – Urban Design Guidelines In accordance with Section 4.7 of the Municipal Plan, the applicant has prepared an urban design study to support and guide the proposed development. The Guidelines are intended to be adopted by City Council resolution and provide for a Mixed Use Commercial development including a concentration of office space, mixed use buildings, integrated entertainment uses, services, retail areas (organized in “Village Clusters”) and a central amenity area integrated with pedestrian links, cycling and transit facilities. The recommended design Guidelines emphasize: Quality and coordinated architectural design. Mixed Use. Higher density of built form. Onsite transit. Street oriented buildings. A grid street pattern. Village clusters to encourage walking and shared parking. Enhanced landscaping, gateway features and streetscapes. A central amenity area. Mixed use buildings surrounding the central amenity area. Provision of shopping, employment, service and entertainment uses. A strong representation of services, particularly offices (approximately 20% of the total floor area) which will achieve higher employment densities. These design elements and features reflect other contemporary commercial centers which also emphasize mixed use, amenity space, multi-storey mixed use buildings, integration of restaurants, entertainment uses and clustering. Integration with Transit Grand River Transit currently offers bus service to the site. Both University Avenue and Ira Needles Boulevard are identified as transit corridors in the recently adopted Regional Official Plan. The Region has confirmed that over time, transit service to this area is expected to increase significantly with several routes converging on the site. Design guidelines have proactively planned for and integrated transit with a potential time point location for the transfer of transit passengers between routs traveling north-south and east-west across the Region. Higher employment densities and the range of uses associated with the proposed Mixed Use development concept will assist in supporting transit ridership and encourage shared parking. Design will ensure convenient and efficient transit to the site and transfers between routes on the site. Land Use Compatibility The lands affected by this amendment are currently vacant. The property is well defined by the Goderich-Exeter rail line to the south, Ira Needles Boulevard (primary arterial road) to the east, a hydro corridor to the west and lands which form part of the overall development and located in the City of Waterloo to the north. A Regional landfill site is located west of the hydro corridor and within 500 metres of the subject lands. Provincial guidelines and planning practice recognize commercial uses as an appropriate transition between the landfill to the west and the residential area to the east. Existing zoning in Kitchener and Waterloo currently permits uses which are considered to be “sensitive” relative to the existing landfill. Proposed zoning will restrict sensitive land uses that are already permitted (i.e. hotel/motel, daycare, schools). Residential is not contemplated. Although not specifically identified by Provincial guidelines as a sensitive use, holding provisions are to be applied to outdoor patios associated with restaurants within 500 metres of COUNCIL MINUTES JUNE 29, 2009 203CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 8. (Cont’d) the landfill site. The holding provisions can be removed if a compatibility study has been approved by the Region. Approximately 77% of the Waterloo lands are currently designated and zoned Arterial Commercial. The balance of the Waterloo lands are zoned for employment uses including freestanding office and commercial recreation. The Waterloo lands have primarily a commercial orientation. The approach to the combined applications in Kitchener and waterloo has been to coordinate planning and achieve superior design. Design guidelines have been prepared and will apply to both the Kitchener and Waterloo lands. The guidelines; emphasize the interface with the residential community to the east; provide for a consistent setback for both the Kitchener and waterloo lands; emphasize high aesthetic and operating standards; emphasize landscaping, architectural design, building facades, massing and the attenuation of lighting. The intent is to achieve a quality urban environment with appropriate screening and buffering of adjacent land uses. Existing zoning in Waterloo provides for larger building mass towards Ira Needles Boulevard and at the residential interface. The design approach is to locate larger buildings toward the western and southern property limits to ensure major loading facilities and truck movements are directed away from residential areas. Implementation of the design guidelines through the City’s site plan review process and related guidelines will ensure sufficient landscaping, screening of parking areas and the provision of an attractive streetscape along Ira Needles Boulevard. SECTION 4 – THE AMENDMENT The Official Plan for the City of Kitchener is hereby amended as follows: 1) Map 5 – Land Use Plan is amended by changing the land use designation of the subject lands from ‘General Industrial’ to ‘Planned Commercial Campus’ as shown on the attached Schedule ‘A’, Land Use Plan. 2) Map 8 – Special Policies Area Plan is amended by adding Special Policy Area No. 48 to lands described as Part of Lot 39, German Company Tract, Ira Needles Boulevard, as shown in the attached Schedule ‘B’, Special Policies Area Plan. 3) Part 3, Policy 12 is amended by adding Special Policy Area No. 48 as follows: 48. Ira Needles Boulevard Notwithstanding the Planned Commercial Campus designation on lands described as Part of Lot 39, Germany Company Tract, Ira Needles Boulevard: i) It is recognized that the lands designated Planned Commercial Campus are not located near or adjacent to the provincial highway system. ii) The amount of gross retail commercial floor area shall be limited to a maximum of 43, 384.3 square metres, of which, the floor area devoted to the retail of apparel and accessories within small individual outlets shall be limited to a maximum of 9, 290 square metres. iii) A large free-standing food store shall not be permitted. However, the storage, preparation and display of food for sale may be permitted to a maximum of 4, 645 square metres of gross floor area if located internal to not more than one retail store. iv) Individual retail outlets having a minimum size of less than 465 square metres may be permitted provided the total amount of gross floor area of such individual outlets does not exceed 4, 645 square metres.; and, COUNCIL MINUTES JUNE 29, 2009 204CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 8. (Cont’d) That as directed by Council on June 25, 2007 in response to Development and Technical Services Department report DTS-07-106, that Zone Change Application ZC06/5/G/TMW (The INC Corp.) requesting a change in zoning from General Industrial Zone (M-2) to Commercial Campus Zone (C-8) with Special Use Provision 390U, Special Regulation Provision 494R, Holding Provision 55H and Holding Provision 56H, Commercial Campus Zone (C-8) with Special Use Provision 390U, Special Regulation Provision 494R Special Regulation Provision 495R, Holding Provision 55H and Holding Provision 56H, Commercial Campus Zone (C-8) with Special Use Provision 390U, Special Regulation Provision 494R, Special Regulation Provision 496R, Holding Provision 55H and Holding Provision 56H and Open Space Zone (P- 2), legally described as Part of Lot 39, German Company Tract, Ira Needles Boulevard, in the City of Kitchener, be approved in the form shown in the “Proposed By-law”, dated June 22, 2009, as distributed to the Development and Technical Services Committee on June 22, 2009, without conditions; and further, That the “Ira Needles Mixed Use Commercial Development – Urban Design Guidelines” dated May 2009, attached to Report DTS-09-093 be adopted to provide the design basis for guidance for approval of Official Plan Amendment Application MP06/01/G/TMW and Zone Change Application ZC06/05/G/TMW and future site plan development approvals. (Dealt with under Delegations and Carried Unanimously.) 9. That Zone Change Application ZC08/27/F/GS (1270 Fischer Hallman Road, Robert and Kathleen Harwood) for the purpose of changing the zoning from Restricted Business Park (B- 2) to Business Park Service Centre (B-3), be approved in the form shown in the “Proposed By- law” (Appendix “A”), dated May 20, 2009, attached to Development and Technical Services Department report DTS-09-092. 10. That Zone Change Application ZC 09/001/COK/SR (Housekeeping By-law), representing comprehensive changes to Zoning By-law 85-1, be approved in the form shown in the “Proposed By-law” (Appendix ‘B’), attached to Development and Technical Services Department report DTS 09-031, without conditions. 11. That consideration of the disposition of “Kehl Street” legally described as MCP 1016 MCP 791 be deferred to the Development and Technical Services Committee meeting PT 3 OF 3, scheduled for October 5, 2009 , to allow staff to dialogue with area landowners to explore options for use of the Kehl Street property which may include realignment or the extension of Donley Street and in the event no alternative is found, staff consider the feasibility of the construction of a pedestrian walkway on this property for children attending Queen Elizabeth School; and, That the following City-owned parcels of land listed as Priority A in Development and Technical Services Department report DTS-09-014, not be declared surplus to the City’s needs: 1. “McLennan Park Gate – West Side” legally described as PLAN 1358 LOT 137; 2. “McLennan Park Gate – East Side” legally described as PLAN 1358 LOT 136; 3. “Stirling/Homer Watson” legally described as PLAN 230 LOT 161 TO LOT 170 PLAN OF LOT 18 GCT LOT 52 PT LOTS 50, 51 PLAN 371 LOT 1; and, 4. “Kiwanis Park – Portion of Table Lands” legally described as (A portion of) TRACT GERMAN COMPANY PT LOT 125 RP58R3318 PART 1 RE15-1; and further, That these lands be incorporated into the current parks and open space master plan and formalized as parks, and staff be directed to proceed with any necessary re-zoning or Official Plan amendments to effect the park land designation. (Dealt with under Delegations and Carried Unanimously, on a recorded vote, as Amended.) COUNCIL MINUTES JUNE 29, 2009 205CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 12. That staff present a report to Council, in the fall of 2009, listing the remainder of the lands identified in Appendix “A” to Development and Technical Services Department report DTS-09- 014, so they can be vetted through the Development and Technical Services Committee and Council before going to a public consultation process. (Dealt with under Delegations and Carried Unanimously, on a recorded vote.) 13 That staff develop a plan to acquire the floodplain properties along the Grand River, identified in The Grand River Corridor Plan, including funding mechanisms, in order for the City to develop them as community amenities. (Dealt with under Delegations and Carried.) FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Youth Action Council (KYAC) on Saturday, August 22, 2009, between the th hours of 4:30 P.M. and 11:30 P.M. for the 7 Annual Unity Jam concert to be held in the Civic Square. 2. That a by-law be enacted to amend Chapter 665 (Property Standards) of the City of Kitchener Municipal Code to include a provision requiring that unfinished buildings that remain unfinished for a minimum period of 12 months, be finished in an acceptable manner, as outlined in Corporate Services Department report CRPS-09-087. 3. That the Purchasing By-law be waived to permit the 2009 Pavement Condition Survey to be awarded to Stantec Consulting Ltd., Kitchener, ON, at a fee of $94,820., plus a contingency of $9,482. and G.S.T., based on a satisfactory contract being negotiated; and further, That the Mayor and City Clerk be authorized to execute an agreement with Stantec Consulting Ltd., satisfactory to the City Solicitor. 4. That the City of Kitchener Financial Planning & Supply Services Division, in accordance with the Purchasing By-law, continue to make every effort to ensure that products and services are obtained within Canada where reasonably possible. 5. That Council Policy I-525 (Community Investment) be amended in accordance with the changes outlined in Community Services Department report CSD-09-041; and further, That as a result of the amendments to Council Policy I-525 (Community Investment), Council Policy I-598 (Grants - Travel Assistance - Minor Sports) and Council Policy I-400 (Community Gardens) be rescinded. 6. That the funding sources identified in Table 1 of Financial Services Department report FIN-09- 077 be approved as the source of the City of Kitchener’s 1/3 share of funding for the Infrastructure Stimulus Fund eligible project costs totalling $10,121,665.; and, That the following measures be adopted to accelerate the implementation of Infrastructure Stimulus Fund projects, and Recreational Infrastructure Canada Fund and Community Adjustment Fund projects (as may be approved at a future date): 1. the Mayor and Clerk be authorized to sign Provincial and Federal agreements as they relate to the Infrastructure Stimulus Fund, the Recreational Infrastructure Canada Fund and the Community Adjustment Fund, subject to the satisfaction of the City Solicitor; COUNCIL MINUTES JUNE 29, 2009 206CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 6. (Cont’d) 2. the Chief Administrative Officer be designated to award tenders on Infrastructure Stimulus Fund, the Recreation Infrastructure Canada Fund projects and the Community Adjustment Fund projects, provided that the costs are within the projected expenses outlined in the applications and that a report regarding these awards be brought to Council at a future meeting; 3. the extension of consulting services provided by The Walter Fedy Partnership, Kitchener in the amount of $69,688.50, including disbursements and GST, related to the McLennan Park Development Phase 4 be approved; 4. for Consultant projects over $100,000., cost information be included with the original submission, the interview process be waived where appropriate, and the selection be based on the original submissions; 5. a contract Purchasing Assistant be retained for up to 24 hours per week over an eight- month period to expedite the tendering, selection and contract processing aspects of the City’s approved projects, to be funded from Infrastructure Stimulus funding should administrative costs become eligible, or otherwise be funded from the City’s Capital Contingency; and, That the General Manager of Financial Services be directed to report to the Finance and Corporate Services Committee on August 10, 2009 with a status update on the Infrastructure Stimulus Fund, the Recreation Infrastructure Canada Fund projects, and the Community Adjustment Fund, including a schedule for future project updates for the Committee; and further, That a contract Accounting Technician be retained for up to 24 hours per week over a twenty- two month period to assemble cost documentation, facilitate quarterly reporting and claim submission, and to support overall program coordination, including regular reporting to the Finance and Corporate Services Committee; the position to be funded from Infrastructure Stimulus funding should administrative costs become eligible, or otherwise be funded from the City’s Capital Contingency. 7. That the Mayor and Clerk be authorized to execute a three (3) year lease with the upper level market vendors at the Kitchener Market located at 300 King St. E., Kitchener, Ontario, subject to the satisfaction of the City Solicitor; and further, That a rental fee of $9.00 / sq. ft. for year one be included in each lease effective as of August 1, 2009, with an annual rental increase totalling $13.00 / sq. ft. for year two and $17.00 / sq. ft. for year three. 8. That the resolution adopted by the City of Cornwall on April 27, 2009 regarding an appeal to the Provincial Government to exempt from the planned harmonization of the PST and GST taxes items related to the rental of recreation facilities and registration fees for minor sports to ensure that all youth are able to afford to participate, be endorsed; and further, That a copy of this motion be circulated to area MPP’s, the Association of Municipalities of Ontario and the Premier of Ontario. COUNCIL MINUTES JUNE 29, 2009 207CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – 1. That pursuant to Section 27 of the Ontario Heritage Act, 300 Breithaupt Street / 72 St. Leger Street (circa 1912 portion only), be listed on the Municipal Heritage Register as a non- designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix ‘A’ to Development and Technical Services Department report DTS-09-072. (Deferred to the August 24, 2009 Council meeting pending further dialogue among all interested parties.) 2. That pursuant to Section 27 of the Ontario Heritage Act, 628 New Dundee Road, be listed on the Municipal Heritage Register as a non-designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix ‘A’ to Development and Technical Services Department report DTS-09-072. (Deferred to the August 24, 2009 Council meeting pending further dialogue among all interested parties.) 3. 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-09-072: 51 Breithaupt Street; 325 Breithaupt Street; 2-22 Duke Street East; 27 Gaukel Street; 200 King Street West; (Dealt with under Delegations and Carried.) 621 King Street West; 23 Water Street North; and, 64 Water Street North. AUDIT COMMITTEE – 1. That the 2008 Annual Financial Report of the City of Kitchener be received. 2. That staff be directed to report to the August 10, 2009 Finance and Corporate Services Committee meeting with a recommendation for the appointment of the Auditor for fiscal years 2009 through 2014. COUNCIL MINUTES JUNE 29, 2009 208CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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.Execution of Engineering Agreement – Ira Needles Blvd / Glasgow Street Dealt with under Delegations. 3.Exemption to Chapter 450 (Noise) of Municipal Code – 565 Robert Ferrie Drive Council considered Corporate Services Department report CRPS-09-096 (S. Turner), dated June 22, 2009. It was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Derick and Dianne Finn for a wedding reception to be held at their home, at 565 Robert Ferrie Drive on Saturday August 8, 2009, between the hours of 6:00 P.M. and 12:30 A.M., on August 9, 2009.” 4. Committee of Adjustment Variance – 133 Marlborough Avenue Dealt with under Delegations. 5.Sandrock Trunk Sewer Easement Requirement Council considered Development & Technical Services Department report DTS-09-099 (S. Allen), dated June 12, 2009. It was resolved: “That Legal Services be directed to acquire a 3.0 metre wide easement from Hydro One, for the construction of the Sandrock Trunk Sewer replacement, at a purchase price not to exceed $150,000 plus the cost of the reference plan and all the incidental costs associated with the transaction; said easement to be described on a reference plan; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to effect the transfer of easement.” 6.Surplus Lands – Conveyance of an Easement to the Region of Waterloo Council considered Corporate Services Department report CRPS-09-097 (F. McCrea), dated June 23, 2009. It was resolved: “That the City declare surplus to its needs vacant land legally described as Part of Lot 3, Registrar’s Compiled Plan 1521 being Parts 1, 2 and 3 on the attached draft Reference Plan to permit an easement in favour of The Regional Municipality of Waterloo for the installation of a sanitary forcemain for the transmission of liquid sludge, an effluent water line and communication cable duct; and, COUNCIL MINUTES JUNE 29, 2009 209CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 6.Surplus Lands – Conveyance of an Easement to the Region of Waterloo (Cont’d) That Legal Services be directed to complete a Transfer Easement over the said lands to The Regional Municipality of Waterloo to construct the sanitary forcemain, effluent water line and communication cable duct, for nominal consideration with all disbursements to be paid by The Regional Municipality of Waterloo, on terms and conditions satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute a Memorandum of Agreement, a Consent to Enter on Land as shown as Parts 7, 8 and 9 on the attached draft Reference Plan and a Consent to Enter on Land as shown on Parts 1, 2 and 3 on the attached draft Reference Plan, if required, with The Regional Municipality of Waterloo, in a form satisfactory to the City Solicitor.” 7.Encroachment Agreement - 38 Francis Street South Council considered Corporate Services Department report CRPS-09-100 (J. Sheryer), dated June 24, 2009. It was resolved: “That subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 38 Francis St. S. (PIN 22426-0067 LT) to legalize a proposed awning which will encroach approximately .843m, more or less, over the Francis St. S. road allowance.” 8.Encroachment Agreement - Sidewalk Patio – The Silver Spoon Fine Chocolates – 217 King St W Council considered Corporate Services Department report CRPS-09-101 (J. Sheryer), dated June 24, 2009. It was resolved: “That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owners or operators of The Silver Spoon Fine Chocolates, located at 217 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2009 or such later date as approved by the Director of Operations; and, That subject to compliance with staff recommendations as set out in Report CRPS-09- 101, the alternative to fencing, being planter boxes and plants, be allowed; and further, That section 5.(b) of Council Policy I-1205 (Outdoor Patios – Encroachment Agreement) be amended by adding at the end of the section “(or delegate thereof)”. 9.Plains Road Closure Environmental Assessment Study Report Dealt with under Delegations. 10.Cross-Border Servicing Agreement with City of Waterloo and The INCC Corporation Dealt with under Delegations. COUNCIL MINUTES JUNE 29, 2009 210CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 11.Demolition Control Application DC 09/07/K/AP – 510 Krug Street – Grominsky Council considered Development & Technical Services Department report DTS-09-102 (A. Pinnell), dated June 24, 2009. Mr. Jeff Watchorn, area resident, spoke in opposition to the proposed demolition application, raising concerns related to the absence of a timeline for redevelopment of the property; and requesting restrictions on what can be redeveloped on the site, advising that he did not want anything bigger than the triplex that exists now. He added that an adjacent property on Islington Avenue to the rear of 510 Krug Street had been purchased by the same family and questioned if the two properties could be merged at some point in time. Mr. J. Willmer, Interim General Manager, Development and Technical Services, advised that the standard condition to provide that the property be redeveloped within 2 years of the demolition was not applied in this case due to the extent and unpredictable nature of remediation required to address soil contamination on the site, and which may cause delay in obtaining Ministry of Environment approvals. Mr. Willmer added that the City has no authority in this instance to apply restrictions other than in respect to demolition of the structure. He noted that at such time redevelopment occurs, if the proposal meets all zoning and site plan requirements, it could result in a larger structure. Mr. Willmer stated that the second property on Islington Avenue cannot legally be merged with 510 Krug Street without submission of a development proposal. He added that it would be quite unusual for these two properties to be developed as one given the odd configuration; however, without knowing the intent of the property owner he could not comment further. Councillor J. Smola questioned the direction of the migration of the contaminated soils. Mr. Willmer advised that the contamination is currently limited to the site; however, there is potential for migration into the municipal roadway necessitating immediate action to complete the remediation to stop its progression. He added that the matter has been brought forward at this time as staff believes it is in the best interest of all concerned, including the surrounding neighbourhood, to address the issue of contaminated soil remediation as soon as possible. In response to Councillor B. Vrbanovic, Mr. Willmer advised that the standard condition requiring development within 2 years of demolition could be applied, with the proviso that Council would give an extension if delays occur as a result of difficulties associated with remediation of the site. Mr. Watchorn concurred with this approach; however, reiterated his desire to restrict redevelopment to no more than the existing triplex use as he anticipated any larger development would depreciate his own property value. Mr. Willmer advised that the lands are currently zoned Residential Six (R6) which permits multiple dwellings of up to 3 storeys and which does not limit the use to a triplex. He reiterated that if any redevelopment proposal meets all zoning regulations, the property owner will have the right to proceed and which will not require any formal public process. Councillor Smola suggested that the size of the lot appears insufficient to accommodate parking for anything larger than a triplex use. Mr. Willmer pointed out that the property is quite deep at 185 ft. and has a 16 ft. sideyard that could potentially provide a driveway to the rear of any new building where a larger parking area could be accommodated. Councillor Vrbanovic inquired if the acquisition of the property on Islington Avenue creates opportunity for the property owner to provide additional parking. Mr. Willmer advised that the second property is zoned R3 or R4 which does not permit multiple dwellings and therefore, additional parking on that site for use at 510 Krug Street would not be a permitted use. COUNCIL MINUTES JUNE 29, 2009 211CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 11.Demolition Control Application DC 09/07/K/AP – 510 Krug Street – Grominsky (Cont’d) It was resolved: “That Demolition Control Application DC09/07/K/AP requesting permission to demolish one (1) triplex dwelling located at 510 Krug Street, owned by Paul and Penny Grominsky, legally described as Lot 170, Plan 841, be approved, subject to the following conditions: 1) That the owner obtain a building permit for a proposed dwelling; and, 2) That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act, subject to the following condition: In the event that construction of the new dwelling is not substantially complete within 2 years of the date of issuance of the demolition permit, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued; provided however, that in the event that unusual delays are experienced with site remediation or Ministry of Environment approvals, Council will entertain a request for extension of the redevelopment timeline.” 12.Decision of Licensing Tribunal – Spreitzer Meats Council considered Corporate Services Department report CRPS-09-099 (R. Gosse), dated June 24, 2009. It was resolved: “That the Decision of the Licensing Tribunal attached to Corporate Services Department report CRPS-09-099, to revoke business licence No. 2009 109210 00 L6 issued to Spreitzer Meats, 128 Bedford Road, Kitchener, Ontario, be adopted.” 13.Demolition Control Application – 65 Weber Street East Council considered Development & Technical Services Department report DTS-09-104 (A. Pinard), dated June 17, 2009. It was resolved: “That Demolition Control be granted, to permit the demolition of one (1) single detached dwelling located at 65 Weber Street East, owned by the Estate of Otakar Buryanek, legally described as Plan 372, Pt Lot 10, without conditions.” 14. Right of First Refusal Agreement – 36 King Street West – K-W Performing Arts Association The following matter arose from in-camera discussion this date. It was resolved: “That the Corporation of the City of Kitchener elects not to exercise its Right of First Refusal as set out in the Right of First Refusal Agreement, registered on title as Instrument No. 1463173, to acquire the Property owned by the K-W Performing Arts COUNCIL MINUTES JUNE 29, 2009 212CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 14. Right of First Refusal Agreement – 36 King Street West – K-W Performing Arts Association (Cont’d) Association known municipally as 36 King Street West and consents to the removal of said Instrument from title provided that: the City Solicitor is satisfied that the Corporation(s) acquiring the Property is/are a Not-for-Profit Corporation; and, the City Solicitor is satisfied that the Lease between the Not-for-Profit Corporation and Kitchener-Waterloo Symphony Orchestra Association contains a First Right of Refusal to the benefit of said Symphony and appropriately addresses the City’s Second Right of Refusal; and, the Not-for-Profit Company grants to the City of Kitchener a Second Right of Refusal and an Option to Purchase the Property, to be registered on title; and further, That the Mayor and Clerk be authorized to execute an Agreement containing both a Second Right of Refusal and an Option to Purchase with respect to 36 King Street West, satisfactory to the City Solicitor, with the soon to be formed Not-for-Profit Corporation acquiring the property at 36 King Street West, Kitchener.” 15. Encroachment Agreement – 139 and 155 Washburn Drive Council considered this date Corporate Services Department report CRPS-09-102 (F. McCrea), dated June 29, 2009, requesting approval of an encroachment agreement to allow installation of an asphalt parking lot on City-owned lands. Ms. L. MacDonald, City Solicitor, clarified that the encroachment pertains to a vacant parcel of land owned by the City, situate between 139 and 155 Washburn Drive. The lands will be required for a future municipal right-of-way (extension of Washburn Drive); however, at this time, there are no plans to proceed with the road extension. It was noted that Decora Homes Ltd. would be responsible for all costs to construct and maintain the parking area under terms of the agreement. Ms. MacDonald added that the agreement will contain a standard clause to provide for 30 days notice to Decora in the event the City desires to terminate the agreement and request removal of the parking area. It was resolved: “That subject to obtaining all necessary staff approvals and determination of an appropriate fee, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the properties municipally known as 139 and 155 Washburn Drive (PINs 22607-0204 and 22607-0202 LT) to permit the installation of an asphalt parking lot over Part of Lot 12, RCP 1471 being Parts 25 & 26 on Reference Plan 58R-7426, being an approximate area of 2256.7 square metres .”