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HomeMy WebLinkAboutCouncil - 2010-02-01COUNCIL MINUTES FEBRUARY 1, 2010 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held January 18, 2010 and special meetings held January 18 & 25, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr displayed the commemorative Olympic Torch and a plaque given as a gift to the City by the Vancouver Olympic Committee in recognition of the Torch Relay event held in Kitchener on December 27, 2009. The torch is now on tour, visiting area schools as part of an Adopt-an-Athlete Program, as well as other venues such as the Kitchener Public Library and Community Resource Centres, prior to being on permanent display at Kitchener City Hall. Council considered Development & Technical Services Department report DTS-10-039, dated January 29, 2010, addendum to report DTS-10-001, relative to Clause 10 of the Development & Technical Services Committee report, dealing with draft approval of Plan of Subdivision Application 30T-04210 (River Ridge) for Activa Holdings Inc. Ms. Sharon Lutz, resident of Woolwich Street, attended in opposition to Clause 10 of the Development & Technical Services Committee report, advising that her property is adjacent to the proposed subdivision. She stated that she and her husband are opposed to the proposed Storm Water Management (SWM) Strategy relative to Stage 5 of the development as it is intended to drain over their privately owned lands, into Melitzer Creek and on to the Grand River. She raised concerns as to the impact this will have to the quantity and quality of water of an artesian well located on their property, which they use and want to preserve. She acknowledged that under condition of approval, the developer must confirm they have secured a legal or prescriptive outlet for drainage purposes to the satisfaction of the City Solicitor prior to servicing or registration of Stage 5. She questioned, however, that should an easement be obtained, who would be responsible to monitor this well into the future, to ensure it is properly preserved and also who would be responsible for any damages to private property that may occur from potential flooding as a result of this development. Further, she questioned if the condition regarding securing of a legal or prescriptive outlet would also absolve the City of any future responsibility. Ms. Lutz asked that the developer be made to find another route as they are not agreeable to an encroachment over their lands for this purpose. Mr. P. Britton, MHBC Planning, attended on behalf of Activa Holdings Inc., advising that two issues remain outstanding, including a requested exemption to the City's Street Naming Policy and a facilitated meeting with neighbouring property owners on Woolwich Street to address concerns regarding the impact to private wells. Mr. Britton advised that the developer has agreed to comply with the Street Naming Policy, as outlined in staff's addendum report DTS-10-039 and accordingly, the requested exemption is withdrawn. He added that three affected property owners on Woolwich Street were contacted and invited to a meeting to discuss their concerns regarding private wells. Property owners of 214 and 240 Woolwich Street attended the meeting and an accommodation with these two property owners was reached. In regard to Ms. Lutz's concerns, he reiterated that this is being addressed under Clause 3.27 of the conditions of approval wherein, Stage 5 cannot proceed to servicing or registration unless a legal or prescriptive outlet is secured satisfactory to the City Solicitor and in consultation with Engineering /Planning staff. He added that similar to the agreement reached with the other property owners, the developer is willing to monitor the quantity and quality of the private well on the Lutz's property but cannot do so without their permission to go on to their property to access the well. Councillor C. Weylie questioned if provision to add 218 Woolwich Street to the well monitoring program agreed to by 214 and 240 Woolwich Street should be included in the recommendation. Mr. J. Willmer, Interim General Manager, Development & Technical Services, advised that monitoring of the Lutz's private well could only occur if they grant permission to the developer to cross their property to access the well. Mayor C. Zehr asked Ms. Lutz if she was agreeable to permitting monitoring of their private well by the developer. Ms. Lutz advised that they would want to undertake discussions firstly with the developer to understand exactly what that would entail. Mayor Zehr pointed out that this had been the intent of the meeting with Woolwich Street property owners, to which they had declined to attend. COUNCIL MINUTES FEBRUARY 1, 2010 - 25 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 10 of the Development & Technical Services Committee report of this date be amended to delete reference to the requested exemption to the City's Street Naming Policy and accept the revised street names which now comply to the policy as outlined in addendum report DTS-10-039; that the revised draft Plan of Subdivision attached to addendum report DTS-10-039 replace the original draft plan attached to report DTS-10-001; and that subject to the property owners consent, 218 Woolwich Street be included in the well monitoring program that was agreed to by the property owners of 214 and 240 Woolwich Street." 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 B. Vrbanovic Seconded by Councillor K. Galloway "That Tender T09-101, Work Clothing, be awarded to Unisync Group Limited, Mississauga, Ontario, at their estimated tendered price of $59,916.83 per year, including P.S.T., plus G.S.T. of $2,773.93, for a total estimated bid price of $62,690.76, with an option to renew for four (4) additional one-year periods." - and - "That Expression of Interest E09-106, Consultant Services -Grand River Slope Stabilization, be awarded to MTE Consultants Inc., Kitchener at their estimated fee of $266,958., including a contingency of $24,269., plus G.S.T. of $13,348. for a total of $280,306., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T09-097, Toner Cartridges (Co-operative), be awarded to A.V.O. Systems Ltd., Markham, Ontario at their adjusted tendered price of $79,649.87, including P.S.T, plus G.S.T. of $3,687.49 for a total bid price of $83,337.36, with an option to renew for three (3) additional one-year periods. The City of Kitchener's portion of this co-operative contract is estimated at $53,127.16, including P.S.T., plus G.S.T. of $2,459.59 for a total bid price of $55,586.75." Carried. Mr. Marinko Franjic attended in support of the decision of the Committee of Adjustment to approve Fence Variance application FN 2010-001, 186 Peach Blossom Crescent, listed as Item B.2 i) on the Committee of the Whole agenda this date. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the application of Ljiljana &Marinko Franjic (FN 2010-001 - 186 Peach Blossom Crescent) requesting permission to retain a 2.13 m (6.98') high wooden fence having a side yard abutting a street (David Bergey Drive) of 0.46 m (1.5') rather than the required 4.572 m (15'), on Lot 10, Registered Plan 58M-132, 186 Peach Blossom Crescent, Kitchener Ontario, BE APPROVED, subject to the following condition: That the owners shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the side lot line, with all approved landscaping to be installed no later than August 30, 2010; and, the owners shall maintain this landscaping." Carried. COUNCIL MINUTES FEBRUARY 1, 2010 - 26 - CITY OF KITCHENER Mr. Leon Bensason, Co-ordinator, Cultural Heritage Planning and Ms. Michelle Wade, Heritage Planner, presented background information in respect to listing of properties under Section 27 of the Ontario Heritage Act on the Municipal Heritage Register (MHR) as non-designated properties of cultural heritage value or interest; relative to Clauses 1 to 4 of the Heritage Kitchener report of this date. Mr. Bensason advised that 18 properties are proposed for listing on the MHR and staff have received a request from the owner of 111 Ahrens Street West to defer consideration of this property to allow further dialogue with City staff and representation to be made to Heritage Kitchener. It was noted that the listing of a property does not impose restrictions or obligations on the property owner to acquire a heritage permit or Council approval for alterations; but does provide up to 60 days for the City to consider the merits of designating the property on submission of a demolition application and does have implications in ensuring that the City is consistent with the Provincial Policy Statement when processing Planning Act applications. Councillor C. Weylie requested clarification as to when a Heritage Impact Assessment (HIA) would apply and how much the cost of same would be to the property owner. Mr. Bensason advised that asking for an HIA would depend on the substance of a planning application; wherein, if determined there will be impact to the heritage attributes of the property an HIA would be requested. The cost of an HIA ranges from approximately $2,000. to upwards of $10,000. and is relative to the complexity of the planning application. Councillor J. Gazzola inquired that in circumstances where an HIA is requested, if the final approval is given by Council or staff. Mr. Bensason advised that approval under the HIA process is delegated to the Director of Planning and includes input by Heritage Kitchener. He added, however, that for certain types of planning applications, such as draft subdivision approvals, official plan amendments or zoning amendments Council would have opportunity to reverse a decision to require an HIA if deemed warranted. Mayor C. Zehr requested clarification of the City's obligation in respect to Provincial policy. Mr. Bensason advised that the City is obligated to ensure it is consistent with the Provincial Policy Statement when processing Planning Act applications. In regard to a property listed on the MHR, it provides opportunity to strengthen efforts to conserve properties identified as being of cultural heritage value or interest and an HIA provides the mechanism for full investigation of the merits of preservation if circumstances warrant. Mr. Bensason added that in the instance of a demolition application under the Building Code, an HIA would not apply but rather the City would have 60 days to consider the merits of designating the property to prevent demolition. Ms. Catherine Gesza, Ukrainian Catholic Church of the Transfiguration, attended in support of listing 131 Victoria Street South on the MHR. Ms. Gesza advised, however, that she had concerns with the evaluation form used to derive the Statement of Significance, relative to the category of "Interior" under the Design /Physical Value section and the categories of "Setting" and "Completeness" under the Contextual Value. She provided a history of the Church and its connection to the surrounding community, as well as plans for development of a heritage park on the grounds to be open to the public, as evidence that these values are applicable to the cultural and heritage significance of the Church. She asked that the Statement of Significance be revised to reflect same. Mr. Mike Puopolo, Polocorp Inc., attended in support of Heritage Kitchener's recommendation to not list 19 Mill Street and to ask that Council not support Heritage Kitchener's recommendation to list 25 Mill Street. He advised that the company is a strong supporter of heritage development, citing examples of past and current developments that they have been involved with. It was noted that the company has acquired approximately 1.5 acres of land, including 19 and 25 Mill Street, with the intention of future redevelopment. Mr. Puopolo offered the following reasons in support of not listing 25 Mill Street on the MHR: the property is not located in the Victoria Park Heritage Conservation District; the exterior is in medium condition and the interior walls /floors have been redone; the proposed redevelopment is in keeping with the intent of the Kitchener Growth Management Plan and complies with the Zoning By-law; 25 Mill Street is an "orphan" building with surrounding buildings having no significant architectural or historical significance, resulting in a lack of continuity in the streetscape; and listing would hinder redevelopment as 25 Mill Street is central to the land assembly. Mr. Bob Huck, Huck Glove Company Inc., attended in opposition to listing 120 Victoria Street South on the MHR, advising that he disagrees with the evaluation of the property and Statement of Significance. He disagreed that this building is rare or unique and pointed out that renovations to the building have eliminated many of the original exterior elements which have not been present for some time. He noted that he had not been aware that the property was on the list until he was notified by COUNCIL MINUTES FEBRUARY 1, 2010 - 27 - CITY OF KITCHENER correspondence from City staff in November 2009. Mr. Huck raised concerns with the 4-step process, suggesting there is insufficient communication between the City and property owners for those properties being recommended for listing on the MHR. He asked that the property not be listed as he did not want any restrictions imposed that would have impact to future marketability of the property. Mr. Noel McInnis, Summerco Properties / Washerama, attended in opposition to listing 127 Victoria Street South on the MHR. He advised that since purchasing the property in 2002, substantial dollars have been expended to renovate the building and the Company has received an award from the Ontario Architectural Association. He suggested that by listing the property, it would add additional cost and delays to any future improvement plans, and potentially decrease the value of the property. Councillor B. Vrbanovic inquired if the delegation had opportunity to see other adaptive re-use projects such as 72 Victoria Street South and the Lang Tannery building. Mr. McInnis advised that they have offices in the Lang Tannery. He also expressed the view that their redevelopment is superior to that of 72 Victoria Street South, having won an award for good design. He suggested that the proposed listing would hand-cuff future improvement plans. Ms. M. Wade responded to the issue of hindering future development plans, advising that the listing is a first step in identifying properties of cultural heritage value or interest in the community. She added that an HIA is part of the Planning Act process to ensure all options for preservation are considered and as this property is located adjacent to the Victoria Park Heritage Conservation District, an HIA can be requested regardless if a Planning Act application is submitted. Councillor J. Gazzola inquired as to staff's experience of any like problems associated with other properties that have been listed on the MHR as raised this date. Mr. L. Bensason advised that approximately 15 to 20 HIA's have been processed, with all resulting in favourable outcomes and acceptance by the applicant. Councillor C. Weylie commended the delegation on their redevelopment and inquired if he had been assisted by heritage experts. Mr. McInnis responded that he had undertaken the project on his own, adding that he has a willingness to retain the character of the building on his own but does not want to be made to do so. Mr. Cameron Maclntosh, Maclntosh Dry Cleaners Ltd., attended in opposition to listing 130 Victoria Street South on the MHR. He advised that initially he had not responded to the City's correspondence received in November 2009; however, on further review has come to a differing view in respect to the listing. He commented that 2009 was a difficult year given the current economic climate, suggesting that future changes in the business and / or ownership may be necessary and he does not want any encumbrances. He added that the potential to be designated or to be required to undertake an HIA would add further economic hardship and asked that his property be excluded from the MHR. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, Clause 1 of the Heritage Kitchener report of this date was brought forward for consideration to provide for a number of properties to be listed on the Municipal Heritage Register. Mayor C. Zehr requested clarification in respect to earlier reference to a request to defer consideration of listing the property at 111 Ahrens Street West. Ms. M. Wade advised that she had received a request from the property owner to defer consideration of this property to allow the owner to have further discussions with staff and to make representation at a Heritage Kitchener meeting. She advised that the owner was unable to attend this evening's meeting and staff has no concerns with their requested deferral. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That Clause 1 of the Heritage Kitchener report of this date be amended to provide that 111 Ahrens Street West be referred to Heritage Kitchener for further consideration, pending representation by the property owner." Carried. COUNCIL MINUTES FEBRUARY 1, 2010 - 28 - CITY OF KITCHENER Councillor J. Gazzola commented that he would like to see the remaining properties all listed on the Municipal Heritage Register as he has seen no proof that listing adversely impacts the value of a property and in many cases, it has proven to be instrumental in improving a property. He added that by listing a property it leaves all options open to fully explore aspects of preservation and without, such opportunity is lost. It was requested that the property at 130 Victoria Street South, included in Clause 1 of the report, be dealt with separately. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That part of Clause 1 of the Heritage Kitchener report of this date, to list 130 Victoria Street South, on the Municipal Heritage Register, pursuant to Section 27 of the Ontario Heritage Act, as anon-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-10-005, be adopted." Motion Lost. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the balance of Clause 1 of the Heritage Kitchener report of this date, be adopted, as amended." Carried. Councillor B. Vrbanovic voiced concerns with the proposed listing of 25 Mill Street as this property is outside the Victoria Park Heritage Conservation District and is central to a number of properties to be redeveloped. He added that the developer has a demonstrated history of preserving the cultural and heritage attributes of properties throughout the community and suggested that it is important to be reasonable and work co-operatively with the property owner. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That Clause 2 of the Heritage Kitchener report of this date be adopted." Motion Lost. Moved by Councillor J. Gazzola Seconded by Councillor K. Galloway "That Clause 3 of the Heritage Kitchener report of this date be adopted." Motion Lost. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That Clause 4 of the Heritage Kitchener report of this date be adopted." Motion Lost. Mr. M. Puopolo, Polocorp Inc., attended in support of Clause 4 of the Development & Technical Services Committee report of this date, dealing with a Demolition Control Application for certain portions of the building located at 393-411 Queen Street South. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 4 of the Development & Technical Services Committee report of this date be adopted." Carried. COUNCIL MINUTES FEBRUARY 1, 2010 - 29 - CITY OF KITCHENER 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 spoke in opposition to waiving the normal consultant selection process for consulting services relative to Clauses 7 and 8 of the report. The Development & Technical Services Committee report was then voted on Clause by Clause. Clause 4 - Dealt with under Delegations and Carried. Clauses 7 & 8 -Carried. Clause 10 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola spoke in opposition to Clause 5 of the report, which recommends establishment of an "Enabling Organization" for the creative sector. Councillor Gazzola commented that while he can agree with the direction proposed, he was of the opinion that not enough information has been provided in respect to the funding contributions of the municipal partners involved. Ms. P. Houston advised that contributions by the other cities to the "Enabling Organization" have, or will be made, in 2010. She added that the funding level for Kitchener is outlined in the staff report that was provided and it would be up to the other cities to disclose their contributions. In response to Councillor C. Weylie, Ms. Houston advised that Kitchener contributes approximately $4M annually to the creative sector. Mayor C. Zehr commented that the intent of the "Enabling Organization" is to have one body leading the charge in support of the creative sector and will work toward implementing a co-ordinated approach to administrative functions to ensure there is no duplication across borders. He stated that notwithstanding the contributions to be made by other funding partners, it is imperative to move forward in 2010 as to delay would only further exacerbate the problems in this sector. Councillor K. Galloway commented that the concerns raised regarding funding levels can be addressed in a report that is to come back to Council in the Fall 2010 to update on the activities of the "Enabling Organization" and pointed out that at any given time, if Council is not satisfied with this approach their funding support can be removed. She stated that this approach provides another opportunity to assist in funding the arts and will serve to leverage funding from other government and private sector sources. Councillor Galloway also noted that staff was directed to encourage additional arts-related municipal funding to be administered by the "Enabling Organization", with an objective jury, to reduce the amount of duplication faced by arts organizations; and if not feasible, then funding should continue to be administered under the existing Tiered Community Grant process. Councillor B. Vrbanovic stated that a number of open public meetings have been held concerning this initiative and a joint meeting hosted by the Region of Waterloo provided an outline of the vision and concept for this organization. He noted that it is recognized that the creative sector has been under- funded, expressing the opinion this approach was the right direction to take and he was confident that those involved will lead the arts to a successful and sustainable level of operation and funding. The Finance and Corporate Services Committee report was then voted on Clause by Clause Clause 5 -Carried. Balance of report -Carried. COUNCIL MINUTES FEBRUARY 1, 2010 - 30 - CITY OF KITCHENER Councillor K. Galloway referred to a recent public meeting concerning proposed trails in the Doon area. She noted that concerns had been raised in respect to the need for trails and / or their proposed location and asked that staff provide an update to the Community Services Committee meeting prior to going ahead with the trail system. Councillor B. Vrbanovic requested that staff provide an update on a review of special events, and in particular, as it relates to winter recreational activities at City facilities. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date, including: a by-law to amend the Official Plan (OP 09/03/COK/HH) and a Zoning Amending by-law (ZC 09/016/COK/HH), relative to Clause 9 of the Development & Technical Services Committee report; and a by-law to licence street vendors relative to Clause 1 of the Finance and Corporate Services Committee report. Moved by Councillor K. Galloway Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking 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 exempt certain lots from Part Lot Control -Part of Block 6, Registered Plan 58M-460 -Old Huron Road. (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 3, Registered Plan 58M-460 - Templewood Drive. (f) Being a by-law to exempt certain lots from Part Lot Control -Blocks 11, 12 and 13 and Part of Blocks 1 and 9, Registered Plan 58M-365 -Valebrook Court, Valebrook Street and Brookmead Street. (g) Being a by-law to exempt certain lots from Part Lot Control -Part of block 6, Registered Plan 58M-460 -Old Huron Road. (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 5, Registered Plan 58M-460 -Northbrook Place. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to adopt Amendment No. 83 to the Official Plan. (k) 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 Amendments. (I) Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2010. 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. COUNCIL MINUTES FEBRUARY 1, 2010 - 31 - CITY OF KITCHENER 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 K. Galloway "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 K. Galloway Seconded by Councillor J. Smola "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2010-020) (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. 2010-021) (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. 2010-022) (d) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 6, Registered Plan 58M-460 -Old Huron Road. (By-law No. 2010-023) (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 3, Registered Plan 58M-460 - Templewood Drive. (By-law No. 2010-024) (f) Being a by-law to exempt certain lots from Part Lot Control -Blocks 11, 12 and 13 and Part of Blocks 1 and 9, Registered Plan 58M-365 -Valebrook Court, Valebrook Street and Brookmead Street. (By-law No. 2010-025) (g) Being a by-law to exempt certain lots from Part Lot Control -Part of block 6, Registered Plan 58M-460 -Old Huron Road. (By-law No. 2010-026) (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 5, Registered Plan 58M-460 -Northbrook Place. (By-law No. 2010-027) (i) To confirm all actions and proceedings of the Council. (By-law No. 2010-028) COUNCIL MINUTES FEBRUARY 1, 2010 - 32 - CITY OF KITCHENER (j) Being a by-law to adopt Amendment No. 83 to the Official Plan. (By-law No. 2010-029) (k) 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 Amendments. (By-law No. 2010-030) (I) Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2010. (By-law No. 2010-031) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:55 p. m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 1, 2010 - 33 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That enforcement of the City's Zoning By-law be waived with respect to a retail use within a building at 289 Victoria Street North, existing on January 25, 2010, and temporary occupancy be approved subject to the retail use vacating the location in the event the City-initiated Zone Change (ZC09/06/COK/HH) to permit retail uses on the subject lands is not approved; and further; That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. That the existing 'No Parking Monday to Friday from 9:00 am and 6:00 pm' regulation be replaced with 'No Parking Anytime' on the east side of Rock Avenue from Belmont Lane to Earl Street; and, That the existing three (3) hour time limit on the west side of Rock Avenue from Belmont Lane to Earl Street be reduced to one (1) hour; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited at anytime on the west side of Gildner Street from a point 46 metres north of York Street to a point 17 metres north thereof; and, That parking be prohibited at anytime on the west side of Gildner Street from Park Street to a point 80 metres south of Park Street; and further, That the Uniform Traffic By-law be amended accordingly 4. That Demolition Control Application DC09/14/Q/GS requesting permission to demolish the middle, rear, and annex portions of a building located at 393-411 Queen Street South, owned by Polocorp Incorporated, legally described as Plan 397 PT Lot 5, be approved, without conditions. (Dealt with under Delegations and Carried) 5. That Council's motion adopted April 27, 2009 regarding Demolition Control Application DC09/03/M/GS for one (1) single detached dwelling located at 110 Madison Avenue South, owned by Cristina Nicoli, legally described as PLAN 395 LOT 11, be amended by removing any reference to conditions. 6. That Demolition Control Application DC09/11/Q/AP requesting permission to demolish one 1 '/2 storey single detached residential dwelling located at 179 Queen Street South, owned by the Sandhills Residential Retirement Community Inc., legally described as Part Lot 36 of Registered Plan 393, be approved without conditions. 7. That the normal procedure for the selection of consultants be waived and the City retain 1614310 Ontario Inc. to provide consulting services on project management services and training; and further, That the Mayor and Clerk be authorized to execute an agreement to provide consulting services on project management services and training between the City of Kitchener and 1614310 Ontario Inc. from January 1, 2010 to December 31, 2010 at an estimated cost of $37,000 plus GST. That the normal procedure for the selection of consultants be waived and that the City retain 1614310 Ontario Inc. to provide consulting services related to process mapping in the Development and Technical Services Department; and further COUNCIL MINUTES FEBRUARY 1, 2010 - 34 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) (Cont'd) That the Mayor and Clerk be authorized to execute an agreement with 1614310 Ontario Inc. to provide consulting services to the Development and Technical Services Department for Consultant Services on Process Mapping and Design Simulation from March 15, 2010 to September 30, 2010 at an estimated cost of $117,600 plus GST; said agreement to be satisfactory to the City Solicitor. That City initiated Official Plan Amendment OP 09/03/COK/HH being an amendment to the Cedar Hill, Mill Courtland-Woodside Park and Victoria Park Secondary Plan maps and associated policies, be adopted, in the form shown in the "Proposed Official Plan Amendment" dated December 23, 2009 attached as Appendix A to Development & Technical Services Department report DTS-10-021, subject to MAP 12 being replaced with revised MAP 12, dated January 22, 2010; and further, That City initiated Zoning By-law Amendment ZC 09/016/COK/HH being an amendment to Sections 6, 53, 54 and 55 of By-law 85-1 to implement housekeeping changes applicable to the Mixed Use Corridor zones, be approved, in the form shown in the "Proposed By-law" dated December 23, 2009 attached as Appendix B to Development & Technical Services Department report DTS-10-021. 10. That an exemption be granted to the City's Sidewalk Policy Resolution I-1120 to have the sidewalk extended on one (east) side of Old Cottage Place and no sidewalk on either side of the Coopershawk Street extension; and, That pursuant to the City's Street Naming Policy I-1147 the street names as outlined in Development & Technical Services Department addendum report DTS-10-039, dated January 29, 2010, be accepted; and, That pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13, as amended, and Delegation By-law 2002-64, draft approval be granted to Plan of Subdivision Application 30T-04210, in the City of Kitchener, for Activa Holdings Inc., as shown on the draft plan attached to addendum report DTS-10-039 and subject to the conditions outlined in Development & Technical Services Department report DTS-10-001 with the following amendments: (a) That the words 'and Grand River Transit' be added to the end of Condition 3.24, so that the condition now reads: '3.24 The SUBDIVIDER shall provide for the installation of curb extensions at the intersections of Falconridge Drive and Redtail Street/Field Sparrow Crescent and at Falconridge Drive and Eaglecrest Street to the satisfaction of the Director of Transportation Planning in consultation with the Director of Engineering and Grand River Transit.' (b) That Condition 6.20 be amended by adding the following as the second sentence in the condition: 'Furthermore, no building shall be constructed within 4.5m of Block 24.', so that the condition now reads: '6.20 The lots immediately adjacent to Block 24 (Stage 2) are deemed to be 'corner lots'. As such, no solid fence with a height greater than 0.3m shall be erected with: a) the 1.5m side lot line setback abutting a street and b) the corner visibility triangle, as defined in the City's Fence By-law. Furthermore, no building shall be constructed within 4.5m of Block 24. This condition shall not apply if Block 24 is reconveyed to the SUBDIVIDER in accordance with 6.13. ' (c) That the following new condition be added after Condition 6.20: COUNCIL MINUTES FEBRUARY 1, 2010 - 35 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) '6.21 That the SUBDIVIDER be responsible for the continued maintenance of the existing storm water management facilities legally described as Blocks 32 and 34, 58M-181, until such time as 90 percent build-out of Stages 1 through 4 occurs and to the satisfaction of the Director of Engineering.'; and further, That subject to the consent of the property owner, 218 Woolwich Street be included in the well monitoring program agreed to by the property owners of 214 and 240 Woolwich Street as outlined in addendum report DTS-10-039. (Dealt with under Delegations and Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - That a by-law to licence street vendors in the City of Kitchener be prepared for Council's consideration on February 1, 2010, based on the proposed draft by-law attached to Corporate Services Department report CRPS-10-009. That a Class 'A' Place of Refreshment Licence be granted to Cafe Bar Azzuro, located at 347 Lancaster Street West, with the following conditions attached: 1. All outside patios must be closed and vacated no later than 11:00 p. m. Sunday to Thursday and no later than 1:00 a. m. on Friday and Saturday. 2. The front door to 347 Lancaster Street West shall be used as the main entrance for the business. 3. All patrons must vacate the premises, which included the building and outside areas, no later than 2:45 a. m. and only the business licensee and paid staff of the business may remain. 4. During business hours, the licensee shall ensure that the outside areas of the premises are regularly monitored to mitigate issues and/or problems that may affect the neighbours of the business. That a temporary Place of Refreshment Licence -Class 'A' be issued for the period January 1 to June 30, 2010 to 1776458 Ontario Inc. o/a Fusion Bar & Grill, 15 Scott Street, Kitchener; and further, That a hearing be held under the authority of the Municipal Act, 2001, as amended, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold a Place of Refreshment Licence -Class 'A' for the business known as Fusion Bar & Grill, 15 Scott Street, Kitchener; and said hearing be held at Kitchener City Hall, with the date and members of the tribunal to be determined. That consideration of the following recommendation contained in Corporate Services Department report CRPS-10-011 (Request for Removal of Liquor Licensing Conditions - Lucky's Wings, 320 King Street West), be referred to the February 8, 2010 Finance and Corporate Services Committee meeting, to allow time for the owner to obtain additional information regarding the concerns expressed by the Waterloo Regional Police: "That Council oppose the request of Justin Novak, owner of Lucky's Wings, 320 King Street West to have Conditions #5 and #8 removed from his current liquor licence as issued by the Alcohol and Gaming Commission of Ontario." That an annual grant in the amount of $47,000., be approved for the creation and ongoing operations of an "Enabling Organization" for the creative sector, to be funded for 2010 as a one time transfer from the Arts and Culture Capacity Building Fund and in future years from the Community Grants Pool; and, COUNCIL MINUTES FEBRUARY 1, 2010 - 36 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) (Cont'd) That staff be requested to provide a progress report to the Arts and Culture Advisory Committee and to Council in the Fall of 2010 regarding the progress of establishing the "Enabling Organization"; and, That the transfer of funds remaining in the Arts and Culture Capacity Building Fund into an Arts and Culture Sustainability Fund, be approved as an initial contribution by the City of Kitchener to support the commitment to work towards an additional $1. per capita investment in creative enterprise; and, That consideration of ongoing funding for the Arts and Culture Sustainability Fund beyond 2011 be referred to the 2012 Operating Budget process; and further, That annual funding in the amount of $8,757., be approved for 2010 to Waterloo Regional Arts Council (WRAC) from the Community Grants Pool, six months to be paid initially and subsequent quarters to be paid upon confirmation by staff that the organization continues to operate. HERITAGE KITCHENER - That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register as non-designated properties in accordance with the Statements of Significance attached as Appendix 'A' to Development and Technical Services Department report DTS-10-005: ^ 156 Benton Street; ^ 301 Charles Street East; ^ 24 Courtland Avenue East; ^ 26 Courtland Avenue East; ^ 35 Courtland Avenue West; ^ 800 King Street East; ^ 1027 King Street East; ^ 11-15 Pandora Avenue North; ^ 214 Queen Street South; ^ 131 Victoria Street South; ^ 142 Victoria Street South; ^ 163-165 Victoria Street South; ^ 187-193 Victoria Street South; and further, That consideration of listing 111 Ahrens Street West on the Municipal Heritage Register as a non-designated property of cultural heritage value or interest be referred to Heritage Kitchener for further consideration pending representation by the property owner. (Dealt with under Delegations and Carried, as Amended) That pursuant to Section 27 of the Ontario Heritage Act, 25 Mill Street, be listed on the Municipal Heritage Register as anon-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-10-005. (Dealt with under Delegations and Motion Lost) COUNCIL MINUTES FEBRUARY 1, 2010 - 37 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) That pursuant to Section 27 of the Ontario Heritage Act, 120 Victoria Street South (Huck Glove Company) be listed on the Municipal Heritage Register as anon-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-10-005. (Dealt with under Delegations and Motion Lost) That pursuant to Section 27 of the Ontario Heritage Act, 127 Victoria Street South, be listed on the Municipal Heritage Register as anon-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-10-005. (Dealt with under Delegations and Motion Lost) COUNCIL MINUTES FEBRUARY 1, 2010 - 38 - 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 - Various Tenders Dealt with under Delegations. 2. CRPS-10-015 - Fence Variance - 186 Peach Blossom Crescent Sign Variances - 787 King Street West and 333-353 Manitou Drive Council considered Corporate Services Department report CRPS-10-015 (D. Gilchrist), dated January 26, 2010. Item B.2 i) regarding Fence Variance application FN 2010-001 (Ljiljana & Marinko Franjic - 186 Peach Blossom Crescent) was dealt with under Delegations. It was resolved: "That the application of Waterloo Region District School Board (SG 2010-001 - 787 King Street West) requesting permission to erect a ground supported sign, containing automatic changing copy, to have a height of 2.7 m (8.85 ft.) rather than the permitted 2 m (6.56 ft.) which will be located approximately 9 m (29.53 ft.) from the intersection rather than the required 23 m (75.45 ft.), on Lots 4 -6, 8, 9 & 12 & Part Lots 10 & 11, Subdivision of Lot 15, German Company Tract, Part Lot 91, Plan 377, Lot 285 & Part Lot 286, Plan 385 and Part Lot 20, Streets & Lanes, 787 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the sign." - and - "That the application of 966021 Ontario Ltd, o/a Great Canadian Coaches (SG 2010- 002 - 333-353 Manitou Drive) requesting permission to erect a new 2 faced billboard sign that will be located approximately 200 m (656.16 ft.) from the existing billboard sign at 334 Manitou Drive rather than the required 300 m (984.25 ft.), on Part Lot 5, Plan 1489, being Part 1, Reference Plan, 58R-15681 and Parts 3 & 4, Reference Plan 58R- 12584, 333-353 Manitou Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener, prior to erecting the billboard sign. That the LED videoboard portion of the billboard sign shall not exceed 3.6576 m by 2.7432 m in size."