Loading...
HomeMy WebLinkAboutCouncil - 2011-06-13COUNCIL MINUTES JUNE 13, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Victoria Whiteman. On motion by Councillor F. Etherington, the minutes of the regular meeting held May 9, 2011 and special meetings held May 9, 26 & 30, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr announced the election of Councillor B. Vrbanovic as President of the Federation of Canadian Municipalities, whose mandate is to advocate interests of Canadian municipalities on policy and program matters that fall within Federal jurisdiction. Ms. J. Ouellette, Facilitator, Volunteer Resources, introduced long service awards to be presented to recreation and leisure groups who have made significant volunteer contributions to the City's recreation and leisure services. Mayor C. Zehr and respective Ward Councillors presented awards to the following: • Kitchener Youth Action Council • Tsuruoka Kai Karate Do Kitchener-Waterloo • KW Synchronized Swimming Club • Region of Waterloo Swim Club • KW Water Polo Club • Waterloo Region Boxing Club • Arts & Culture Advisory Committee • Christkindl Market Volunteer Organizing Committee • Mill-Courtland Neighbourhood Association • Doon Pioneer Park Community Association • Ruth Tomlinson -Woodside and Mill Courtland NA • Kitchener Memorial Auditorium Special Events Team 15 years 15 years 25 years 35 years 35 years 70 years 15 years 15 years 25 years 30 years 35 years 5 years The following organizations were unable to attend to receive their award: • Topspin Table Tennis 10 years • Twin Cities Tackle Football 15 years • Kingsdale Neighbourhood Association 25 years • Kitchener Waterloo Rowing Club 25 years • Kitchener Girls Softball 45 years • Conestoga Sailing Club 50 years Ms. Ouellette announced that an Ontario Senior of the Year Award is given to one outstanding community member over 65 years of age who has enriched the social, cultural or civic life of the community without thought of personal or financial gain. Mayor C. Zehr presented this year's award to Ms. Lorri Jackson for her outstanding volunteer contributions in operating the Downtown Community Centre Tuck Shop and active participation in various other volunteer programming. Ms. Anne Marchildon, Andrin Homes, announced a plan to move forward the redevelopment of the Mayfair Hotel site to coincide with Phase 1 of the City Centre redevelopment project, resulting from collaboration between the City, Andrin and local partners, including: David Strucke, Entrepreneur; Jody Palubiski, Charcoal Group of Restaurants; and Bernie Nimer, Real Estate Developer. Ms. Marchildon advised that the three local partners will own and operate the redeveloped Mayfair Hotel. A conceptual drawing was displayed, which was presented in a report to the City's Heritage Kitchener committee on June 7, 2011, and features increased massing to the upper level of the existing building. The design is still in the feasibility stage and discussion is underway with City staff in preparation of submission of a site plan in the fall of 2011. Ms. Marchildon advised that the intent is to be in position of obtaining a building permit for the Phase 1 condominium units on the Duke Street side of the block, as well as the Mayfair Hotel redevelopment, in the spring of 2012. Mr. D. Strucke stated that the parties involved did not want to see the Hotel remain empty for another 10 years and are pleased that a local solution has been found to move the project forward. The group is committed to working closely with Heritage Kitchener to ensure the history of the building is honoured and the exterior fagade will remain. He advised that it is envisioned the boutique hotel will COUNCIL MINUTES JUNE 13, 2011 - 155 - CITY OF KITCHENER become a hub for the Downtown, serving all manner of patrons. The intent is to become known world wide by attracting international business travelers; as well as cater to those who live and work in the downtown and to formulate a link to the community arts and culture sector. Portions of the concept are still being refined including the food /beverage component, proposed to include a main floor restaurant, roof top eatery, a bar and an entertainment facility. Mr. Strucke commented that the group is confident that the resulting design concept will meet the needs of all stakeholders. Mr. Strucke responded to questions, advising that the Mayfair Hotel redevelopment also includes 156-158 King Street West as outlined in the proposal presented to Heritage Kitchener; and the targeted construction date for the project is spring of 2012, with opening of the facility anticipated in early 2013. Ms. Natalia Welniak, Office of the Independent Police Review Director, presented an overview of this civilian oversight agency established in 2009, whose mandate is to ensure public complaints against police in Ontario are dealt with effectively, fairly and in a transparent and accountable manner. Ms. Welniak outlined the process for accepting, processing and investigation of public complaints, noting that the process generally takes about 120 days. The organization is seeking to educate the public about the complaints process and has completed approximately 200 outreach presentations to date. Ms. Welniak responded to questions advising that this is an independent agency funded by the Ontario Ministry of the Attorney General (OMAG) and the Director is responsible for daily decision making and reporting to the OMAG. She noted that since its inception approximately 4,000 complaints Province-wide have been received but she was unable to provide Regional statistics. Ms. Welniak agreed to provide additional information to Council as to the number of complaints determined to be unfounded. Mr. Jim Carnegie, resident, attended to raise concerns with the proposed installation of a sidewalk on Old Mill Road, between Sydenham Street and Pinnacle Drive, as part of the Blair Sanitary Forcemain construction project. He stated that those property owners most affected by the sidewalk installation did not receive prior written notice and did not become aware of it until after construction had already started. He pointed out that Old Mill Road is designated as a Scenic Heritage Road, housing a number of heritage buildings and currently has no sidewalks in the area of the planned installation. He suggested that the sidewalk would adversely impact the overall visual character of the road, coming too close to the front of existing homes, endangering mature Walnut trees and eliminating on- street parking. He disagreed with the notion a sidewalk is needed for pedestrian safety, noting the entire neighbourhood has existed without sidewalks for many years and safety has never been an issue despite numerous college students, children, retirees and others walking in the area. Mr. Carnegie suggested that the approximate cost of $40,000 to be funded by the City would be better spent on other worthy projects and appealed to Council to eliminate the proposed sidewalk from this project. Ms. Diana Biuk, resident, spoke in support of the sidewalk installation on Old Mill Road as a means to provide a safe pedestrian link to and from surrounding amenities, including a neighbourhood park frequented by small children and their caretakers. She raised concerns with speeding traffic, noting that Old Mill Road is used as a secondary access to Conestoga College, Doon Valley Golf Course and community trails. Ms. Biuk suggested that a walkable neighbourhood is crucial to attracting young families and asked that Council follow their sidewalk installation policies and Pedestrian Charter. Ms. Joan Oleskevich, resident, questioned the need for sidewalk installation now having been previously told they were not necessary. She suggested that if a sidewalk is to be installed at the City's expense that installation include the entire length of the road to prevent further complaints. It was Ms. Oleskevich's preference, however, that curbs be installed without a sidewalk and speed humps be set from Schneider Avenue to Pinnacle Drive to slow traffic. Mr. Paul Acquilina, resident, advised that his home originates to c.1875 and the outside wall of the building is approximately 6.5 ft. from the City property line. A mature Walnut tree is located half on his property and half on City property which will be adversely impacted by the sidewalk installation. He disagreed that pedestrian safety is an issue, noting that during daytime hours when the school is in session he does not witness many pedestrians walking the roadway. Mr. Acquilina was of the opinion the sidewalk would come too close to his home and destroy the heritage features of the roadway. COUNCIL MINUTES JUNE 13, 2011 - 156 - CITY OF KITCHENER A motion by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, was brought forward for consideration to provide that the proposed sidewalk installation on Old Mill Road, from Sydenham Street to Pinnacle Drive, be eliminated from the Blair Sanitary Forcemain construction project. Ms. Linda Cooper, Supervisor, Development Client Services, provided further clarification, advising that the length of sidewalk to be installed is approximately 200m on the south side only of Old Mill Road and includes curb and gutter and curb face sidewalk. Councillor D. Glenn-Graham questioned if staff have considered placement of a crushed gravel trail rather than a sidewalk as a less intrusive measure. Ms. Cooper advised that alternatives were explored including a paved pedestrian shoulder but a sidewalk with curb delineation was considered to have value. Regardless, she stated that the same amount of space would be required, adding that the width of the proposed sidewalk has already been reduced from the standard width of 2.2m to 1.2m to minimize its impact. Councillor Glenn-Graham questioned if alternatives had been costed and Ms. Cooper advised they had not. Councillor B. Vrbanovic raised concerns that staff has not had opportunity to present a report in response to the issues raised and questioned making a decision at this time. Ms. P. Houston, Deputy CAO, Infrastructure Services, advised that deferral to the next Committee meeting to receive a report would not adversely affect the project. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That consideration to eliminate the proposed sidewalk installation on Old Mill Road, from Sydenham Street to Pinnacle Drive, from the Blair Sanitary Forcemain construction project be referred to the June 20, 2011 Community & Infrastructure Services Committee meeting to allow staff to report on the implications of the sidewalk installation and to respond to concerns raised by area residents." Carried. Mr. Andrew MacLeod, resident, attended to present a citizen petition requesting traffic calming on Glasgow Street, between Fischer-Hallman Road and Belmont Avenue. Mr. MacLeod advised that Glasgow Street is a straight, wide stretch of road with no stops, lights or other impediments making it conducive to high rates of speeding by motorists; yet does not qualify for traffic calming measures. It was noted that there is substantial pedestrian activity, including children attending several schools in the area. Speed statistics were presented showing 40,000 cars per week travelling on Glasgow Street, with 94% exceeding the posted speed limit and of that, 14,400 per week travelling at 60 km/hr or greater. 2009 data received from the City shows a total of 1729 vehicles per week travelling Glasgow Street at speeds of 70 km/hr or greater. He stated that residents have had discussions with Waterloo Regional Police who agree that without physical modifications to the street speeding at high rates will always be a factor regardless of enforcement and the City has acknowledged in its policies that police enforcement is not a long term solution. He suggested that City policies are biased against taking measures on major collector roads, noting that only Greenbrook Drive out of 23 initiatives has been calmed in the last 7 years. It was noted that a study on Greenbrook Drive showed significantly lower volumes of traffic and lower speeds than those experienced on Glasgow Street, demonstrating inconsistency in application of traffic calming policy given requests for installation of stop signs and other calming measures on Glasgow Street have been refused. Mr. MacLeod stated that Glasgow Street is not designed to handle the volume and speed of traffic being experienced and because of its unique characteristics should have historical value to the City. He asked that the City recognize this as a serious issue of safety and take steps to implement physical modifications to the street to deter speeding. Councillor Z. Janecki requested clarification of discrepancies alluded to in the statistical data. Mr. MacLeod pointed out that a radar gun obtained from the City to undertake testing on the street, did not at any time post speeds in excess of 70 km/hr despite witnesses to speeds in excess of that amount. On return of the unit, they were advised that the instrument is governed not to exceed 70 km/hr and therefore, noted that true speeds cannot be documented. He added that traffic calming has been requested on Glasgow Street many times over a number of years and the City has said it cannot support even stop signs, yet data demonstrates high rates of speed and substantial volumes of traffic, including high volumes of commercial vehicles. COUNCIL MINUTES JUNE 13, 2011 - 157 - CITY OF KITCHENER Councillor K. Galloway asked if the delegation was aware of the priority listing for traffic calming and where Glasgow Street is on the list. Mr. MacLeod advised that he was aware of the list and that Glasgow is ranked 17t". He suggested that the statistics used in ranking work against Glasgow Street as they are based on a posted speed limit of 50 km/hr, whereas Glasgow has a posted speed limit of 40 km/hr. Mr. Tas Tsonis, resident, commented that Glasgow Street was originally a country road and residents had been told the road had to be widened to accommodate sidewalks for schools. He stated that regardless of policies, the City is responsible to rectify the mistake made in design of the road and suggested the road be narrowed to revert back to its original size. Mr. Ian Atkinson, resident, agreed the roadway was originally a country road with no sidewalks and was not intended to be a commuter run into the Downtown, which it has now become. He referred to problems associated with the handling of the Glasgow Street reconstruction project and agreed that the City is responsible to take mitigating measures. Mr. Doug Good, resident, stated that high speeds were a factor even before reconstruction of the roadway which is why he and other residents had pursued a reduced speed limit. He stated that the reduced speed limit has had little effect with traffic often travelling well over the posted speed limit both during the day and in the evening. He suggested that stop signs and speed humps would provide a solution and supported traffic calming measures for Glasgow Street. Mayor C. Zehr suggested that a decision in respect to this matter not be made at this time but rather be debated at Committee. Councillor K. Galloway pointed out that a recommendation from the Community & Infrastructure Services Committee is also to be considered this date to initiate traffic calming reviews for 4 other priority streets in 2011. She suggested that this also be deferred to allow further dialogue of the issues raised and a decision be considered at the next Council meeting. Councillor B. Vrbanovic acknowledged that the delegations have raised a number of good points concerning Glasgow Street and more information is needed in respect to the inconsistencies in data collected; however, he was not in favour of deferring the traffic calming reviews recommended this date as it will impact the ability to get started on the reviews this year. He suggested that a recommendation to deal with the Glasgow Street issues be dealt with separately at a later date. Councillor Z. Janecki agreed that the issue of Glasgow Street should not factor in a decision with the traffic calming reviews recommended this date, suggesting that time is needed to prepare detailed analysis of the issues related to Glasgow Street and he did not want to see the other reviews delayed. Councillor Janecki proposed that in the interim, stop signs be installed at Glasgow and Knell Drive to alleviate speeding. Mayor C. Zehr raised concerns with taking an interim action pending receipt of more detailed information and asked staff to comment. Mr. J. McBride, Director of Transportation Planning, agreed that solutions are needed for Glasgow Street; however, he suggested that installing stop signs not be considered an option at this time. He stated that it has been found that they do not work when not warranted as motorists quickly realize they are unlikely to be met with opposing traffic on the side streets and accordingly, proceed to drive through the intersection without stopping. He pointed out that this portion of Glasgow Street is rated low in comparison to other major collectors and local /minor collector roads are considered firstly because they present more options for traffic calming that cannot be done on major collectors, such as speed humps because of concerns related to emergency vehicle access. He suggested that staff could provide a report in August to review the issues and implications of the concerns raised concerning Glasgow Street; adding that Glasgow Street, from Knell Drive to Westmount Road, is scheduled for reconstruction in 2013 which may present opportunity to introduce some calming measures at that time. Councillors J. Gazzola, B. loannidis and P. Singh supported proceeding with the other 4 calming reviews recommended this date, with a report to fully outline all issues related to Glasgow Street to come forward for consideration at a later date. Councillor F. Etherington questioned the feasibility of having police presence on the street in the interim. Mayor C. Zehr advised that Council could make a request but could not dictate police presence and asked that Mr. McBride convey a request to Waterloo Regional Police. Councillor B. Vrbanovic questioned the feasibility of collecting updated traffic data prior to the end of the current school year and prior to a police presence to ensure true data on speeds is evidenced. Mr. McBride advised that counters could be placed on the street now to accommodate the request COUNCIL MINUTES JUNE 13, 2011 - 158 - CITY OF KITCHENER and he agreed to follow-up on the concerns raised in respect to the radar unit's ability to post true speed. In response to Councillor Vrbanovic concerning timing for a report to come forward, Mr. MacLeod advised that a September date would be acceptable. Councillor Y. Fernandes spoke in support of taking temporary measures to install stop signs raising concern for the safety of children during the summer months. Councillor K. Galloway commented that such measures do not always result in calming and expressed the opinion that Council needs to support more funding for traffic calming to address these kinds of issues in a more expedient manner. Councillor Z. Janecki advised that given the delegation has indicated a willingness to await consideration of this matter in September, he would not proceed with a motion to take temporary calming measures at this time. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That a request by area residents to implement traffic calming measures on Glasgow Street, from Fischer-Hallman Road to Belmont Avenue, be referred to the September 12, 2011 Community & Infrastructure Services Committee meeting, to allow additional information to be presented and a recommendation of staff brought forward to address the issues raised by area residents." Carried Unanimously. Council was in receipt this date of Community Services Department report CSD-11-081 (Addendum to CSD-11-036 -Sign By-law Housekeeping Amendments), relative to Clause 4 of the Planning & Strategic Initiatives Committee report of this date, dealing with proposed housekeeping amendments to Sign By-law 2007-170. Mr. David Lamka, A to Z Signs Limited, attended to request that the practice of issuing one mobile sign permit before an occupancy permit is issued continue and that Section 169(b) of Part 14 (Portable Sign Regulations) be changed to read "15 metres of a ground supported sign" as it was in the original by-law rather than the proposed "25 metres". Mr. Lamka referred to Section 264 of Part 26 (Penalties and Enforcement) which provides that any sign on, or partly on, City property may be removed immediately and without notice and under Section 271 those found guilty of an offense may be subject to a fine of up to $5,000. He stated that this requires pinpoint accuracy in placement of signs and unless the City provides a measurement on the drawings to show the exact location of a sign there is no reference as to where to measure from and property lines do not necessarily run in a straight line. He added that staff has told those in the industry to use the GIS mapping system; however, he pointed out that this system uses aerial photos which when compiled together are not totally accurate in terms of measurements and can be off by several feet. Mr. Lamka suggested that as written, the by-law could destroy the portable sign industry and suggested a review in one year's time to ensure it is working for all stakeholders. In response to questions, Mr. Lamka advised that he had not participated in the consultative process as it was his understanding that there were no changes being made to the portable sign regulations and only became aware recently of the enforcement issue and the change in distance from a ground sign. Councillor Z. Janecki questioned if enforcement is commenced proactively or on a complaint basis. Mr. J. Willmer, Deputy CAO, Community Services, advised that Mr. Lamka had raised a number of new issues and staff had made repeated attempts to contact him to discuss his concerns but had received no response. Mr. Willmer suggested that staff report back in response to Mr. Lamka's concerns rather than enter into debate at this time. He added that Council could defer the entire matter to the next Council meeting given there is no time sensitivity to enactment of the by-law, or approve the draft Sign By-law this date save and except the section(s) Mr. Lamka has concern with. On motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, Clause 4 of the Planning & Strategic Initiatives Committee report of this date was brought forward for consideration to repeal and replace existing Sign By-law 2007-170 with the proposed by-law attached to Community Services Department report CSD-11-036. COUNCIL MINUTES JUNE 13, 2011 - 159 - CITY OF KITCHENER Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki "That Clause 4 of the Planning & Strategic Initiatives Committee report of this date to repeal and replace existing Sign By-law 2007-170 with the proposed by-law attached to Community Services Department report CSD-11-036, be deferred to the June 27, 2011 Council meeting to allow staff an opportunity to address concerns raised by Mr. D. Lamka, A to Z Signs Limited." Carried. Mr. Tim Kenyon, Chair, Cycling Advisory Committee, attended in support of Clause 13 of the Community and Infrastructure Services Committee report, dealing with options to implement Cycling, Transportation Demand Management (TDM) and traffic calming in 2011. Mr. Kenyon provided historical background on the Cycling Master Plan (CMP), expressing strong support for final ratification of the recommendation this date to provide the staff position needed to implement the CMP and encouraged Council to fully commit to ongoing provision of resources for cycling development. On motion by Councillor K. Galloway, seconded by Councillor P. Singh, Clause 13 of the Community and Infrastructure Services Committee report of this date was brought forward for consideration to approve Option `C' as outlined in Infrastructure Services Department report INS-11-039 (Options for Implementing Cycling, Transportation Demand Management and Traffic Calming), to allow commencement of the Cycling and Transportation Demand Management initiatives, as well as additional traffic calming in 2011. Councillor B. Vrbanovic spoke in support of the motion commenting that this is an important initiative in keeping with the City's environmental goals and regardless of how funded a dedicated staff person is key to implementation of the Cycling Master Plan. Councillor S. Davey raised concerns with adding significant dollars to the base budget and questioned the feasibility of combining the TDM Co-ordinator and TDM Project Manager positions to reduce the number of hires from 2 FTEs to a part time position. Mr. J. McBride responded that it is intended the two positions will work hand in hand, noting that TDM Co-ordinator will be involved in initiatives that go beyond the cycling component to explore and develop a variety of other potential forms of alternative transportation, such as ride-sharing programs. The TDM Project Manager will provide ability to complete the two additional traffic calming reviews approved by Council and will also assist in policy development through participation in major transportation studies being conducted at Provincial and Regional levels. Mr. McBride advised that if the two positions are combined, a decision would have to be made as to elimination of either cycling -TDM initiatives or traffic calming as it is unrealistic to assume one part-time position can do all that is required. Councillor Davey questioned in the interest of not impacting the cycling initiative, the feasibility of reducing the two additional traffic calming reviews to one additional review. Mr. McBride suggested that this approach would be a disservice to what the City is attempting to achieve and would undermine efforts to address traffic calming. A motion by Councillor S. Davey, seconded by Councillor P. Singh, was brought forward for consideration to provide that Clause 13 of the Community and Infrastructure Services Committee report of this date be amended to effect a reduction in the funding envelope under Option `C' from $600,000 to $350,000, to provide for hiring of the equivalent of one FTE to commence implementation of the Cycling Master Plan; and that the 2 additional traffic calming reviews be reduced to 1 additional review. Councillor K. Galloway spoke in support of moving forward with the proposed 4 traffic calming reviews. Further, she raised concerns with the fact an $11,000 expenditure she had not supported was approved to host a single Sunday car-free event yet there is an unwillingness to support the funding needed to advance TDM initiatives which focus on getting people out of their cars on a more permanent basis. She stressed that TDM initiatives and traffic calming need to be a priority for the City and reminded that under current funding levels it will take 18 years to complete the existing backlog of traffic calming initiatives. Councillor P. Singh questioned if a half position could handle both the cycling component and one additional traffic calming. Mr. McBride suggested that in theory it may be possible; however, he pointed out that the skill set of the individual would have to be considered as the individual would be COUNCIL MINUTES JUNE 13, 2011 - 160 - CITY OF KITCHENER required to work on two unrelated projects, with one of a more technical nature and the other working consultatively with the community. Councillor Singh stated that while he supports moving forward with the Cycling Master Plan, his concern was in finding a responsible way to fund the project other than through the tax base. In this regard, he suggested that the project be funded through the Local Environmental Action Fund (LEAF) grant program. Councillor J. Gazzola requested clarification as to the intent of Councillor Davey's amendment in regard to the number of individuals proposed to be hired. Councillor Davey advised that it was his intent to leave to the discretion of staff the option to either hire one individual or two part-time persons. A motion by Councillor P. Singh, seconded by Councillor S. Davey, to amend Councillor Davey's motion was brought forward to provide that the $200,000 cost to implement the Cycling Master Plan be funded from the Local Environmental Action Fund (LEAF). Councillor Y. Fernandes commented that during budget deliberations there was a desire not to add to the staff complement which resulted in lost funding for implementation of the CMP. She stated that what is proposed now is an attempt to still implement the plan which she agrees is vital to do, expressing the opinion that cycling paths and connecting trails should be treated equally in priority as to road construction. She suggested that the hiring of a part-time position would have benefit of the knowledge and expertise of existing staff to enable the individual to assist in bringing forward the plan. Councillor Fernandes further suggested that the proposed amendment stems from concerns as to whether a permanent TDM Co-ordinator position is really needed long term. Councillor Davey noted that the $200,000 is not to be expended until 2012 and suggested that rather than deciding now on a funding source a decision be left to the 2012 budget deliberations. Mr. D. Chapman advised that staff could include information in the 2012 budget guidelines concerning the impact of Councillor Singh's funding proposal and the decision to pursue funding through the LEAF program would be at Council's discretion. Councillor P. Singh agreed to withdraw his amending motion on this basis. Councillor D. Glenn-Graham commented that at budget time the focus on fiscal responsibility came at the cost of a project identified as a community priority and suggested that Council should not now proceed in half measures. He stated that bike trails are really secondary arteries that should be continually re-invested in and expressed the opinion the City cannot afford to pare back on this high priority initiative. Councillor K. Galloway added that an audit review of the Transportation Planning Division has demonstrated a deficiency in staffing and in order to move forward with these initiatives the staffing recommended is necessary to get the job done. Councillor J. Gazzola spoke in support of the amendment suggesting that it provides for the cycling initiative to move forward, which in his opinion is the most important of all the components, while still providing some traffic calming as well. Councillor B. Vrbanovic advised that he would not support the amendment, noting that the original recommendation clearly indicated 3 staff persons were required which has now been reduced to 2 and stressed the importance of having sufficient staffing to support these initiatives, as well as to have ability to move forward with additional traffic calming. Councillor F. Etherington suggested that the manner in which this matter was brought forward had not been well put together given the resulting confusion and expressed support for the proposed amendment. Councillor B. loannidis stated that while he understood concerns of fiscal responsibility, he suggested that this is an instance where Council needs to `walk the talk' and provide the necessary staffing to advance these initiatives. Mayor C. Zehr disagreed that the process was confusing, suggesting rather that what occurred during budget deliberations is similarly happening now; in that, Council is second guessing what staff do. He stated that Council has already experienced the results of this kind of irresponsible tinkering, having all said that they wanted implementation of the CMP but then not realizing they had cut out the budget funding. He suggested that if Council is serious about advancing TDM initiatives then they must make the investment; adding that it is Council's responsibility to provide the resources; whereas, it is staff's responsibility to determine how the work is to be accomplished. COUNCIL MINUTES JUNE 13, 2011 - 161 - CITY OF KITCHENER Moved by Councillor S. Davey Seconded by Councillor P. Singh "That Clause 13 of the Community and Infrastructure Services Committee report of this date be amended to effect a reduction in the funding envelope under Option `C' from $600,000 to $350,000, to provide for hiring of the equivalent of one FTE to commence implementation of the Cycling Master Plan; and that the 2 additional traffic calming reviews be reduced to 1 additional review." A recorded vote was requested. In favour: Councillors S. Davey, J. Gazzola, P. Singh and F. Etherington. Contra: Mayor C. Zehr and Councillors D. Glenn- Graham, B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway and B. Vrbanovic. Motion Lost Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That Clause 13 of the Community and Infrastructure Services Committee report of this date be adopted." A recorded vote was requested. In favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway, B. Vrbanovic and P. Singh Contra: Councillors S. Davey and F. Etherington Carried. Mr. Jeffrey Beckner, resident, attended in opposition to the proposed motion listed as Item 8 c) under New Business on the agenda this date, which seeks a review of the City's policy on conference attendance with the intent to effect change to restrict the number of attendees at any conference to 2 Councillors plus the Mayor and the number of conferences a Councillor may attend per year to 2. Mr. Beckner stated that as a ratepayer it is his expectation that those elected to represent him will have his best interests in mind at all times and be as knowledgeable of the operations of a municipal corporation as possible, as well as, be capable in steering the development of a livable and prosperous community. He suggested that a critical source of knowledge stems from issues presented and discussed at Federal and Provincial conferences, such as the Federation of Canadian Municipalities (FCM) and the Association of Municipalities of Ontario (AMO), which present an opportunity to obtain valuable and crucial information. He stated that change is the only constant and as a community we must be on top of all factors having potential impact and it is important to have access to the knowledge and wisdom of others. It was his opinion that as many Councillors who wish to attend these events should, and that the $20,000 cost associated with the most recent FCM conference to him was reasonable and minor in terms of the City's overall funding envelope. Councillor F. Etherington having given notice that he would introduce the motion this date concerning the City's policy on conference attendance, circulated this date revised wording of his motion to effect that a Council member holding an executive position at the FCM or AMO be included in the restricted list of attendees at any conference. A motion by Councillor F. Etherington, seconded by Councillor D. Glenn-Graham, was then brought forward for consideration to provide for a review of the City's policy on conference attendance with the intent to effect change to restrict the number of attendees at any conference to 2 Councillors, plus any Councillor holding an executive position at the FCM or AMO, plus the Mayor; and the number of conferences a Councillor may attend per year to 2. COUNCIL MINUTES JUNE 13, 2011 - 162 - CITY OF KITCHENER Councillor P. Singh opposed the motion, suggesting it presents an unnecessary restraint on professional development. He added that this issue was addressed during budget deliberations, pointing out that he had put forward at that time consideration to reduce the conference budget which was not supported. Councillor D. Glenn-Graham expressed the opinion that conferences are similar to training and can be of particular benefit to new Councillors; and, while he could appreciate the spirit of the motion he could not support it. Councillor J. Gazzola commented that conferences are a necessary part of the job, stressing the importance as a professional to keep abreast of current events and have opportunity to network with those dealing with similar issues. It was Councillor Z. Janecki's opinion that the FCM conference provided valuable insight and was money well spent, expressing the opinion the policy is not being abused and Council is capable of self-monitoring. Councillor B. Vrbanovic suggested that individual judgment should not be made as to what others' professional development should be and all of Council is accountable through submission of monthly expense reports. He suggested that limiting the number of attendees denies opportunity for others to become engaged and that to be fully involved it takes engagement and networking. He noted that 205 participating municipalities at the FCM conference sent 4 or more Council members; and out of the 205, 103 sent 6 or more; and of the 103, 48 sent 8 or more; demonstrating that others see the value of participation in learning, networking and exchange of ideas. Councillor S. Davey commented that the $50,000 pool in the conference budget was insufficient to allow even 2 conferences a year to be attended by all members of Council and therefore, was of the opinion the proposed restriction on the number attending any conference was semantics. He asked that the two parts to the motion be voted on separately as he was still interested in a review of the policy to potentially restrict Councillors to 2 conferences per year. Councillor B. loannidis pointed out that there is no formal education program for Councillors and was of the view conferences are an important opportunity for learning and exchange of ideas. Councillor K. Galloway commented that if a review is to be undertaken it should be in the context of the 2012 budget deliberations as the matter has already been dealt with this year. Councillor F. Etherington stated that he had attempted to evoke change during budget deliberations but change was not supported and he was in no way opposed to learning experiences, pointing out that he would be attending the AMO conference. He advised that the intent is not that Councillors miss out on conferences but rather attendance be rotated over the 4-year term so not all are attending any single conference. He suggested that the funding saved would be a symbolic demonstration to show that Council does have care to save tax dollars. Councillor Etherington further commented that he is interested in a full review of the policy as the dollars not spent on those who choose not to attend a conference can still be used by others. Moved by Councillor F. Etherington Seconded by Councillor D. Glenn-Graham "WHEREAS eight of 11 Kitchener Council members attended the Federation of Canadian Municipalities conference in Halifax, at a total cost of about $20,000.; BE IT RESOLVED that Kitchener's existing policy be changed to restrict those attending any conference to the Mayor, a Council member holding an executive position at the Federation of Canadian Municipalities or the Association of Municipalities of Ontario plus two additional councillors; and further, BE IT RESOLVED that Kitchener Council review its existing policy governing councillor attendance at conferences and restrict any Council member from attending more than two conferences a year." Voted on in two separate parts by recorded votes: Paragraphs 1 and 2 -Lost In favour: Councillor F. Etherington Contra: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway, S. Davey, B. Vrbanovic and P. Singh Paragraph 3 -Lost COUNCIL MINUTES JUNE 13, 2011 - 163 - CITY OF KITCHENER In favour: Councillors S. Davey, F. Etherington and P. Singh Contra: Mayor C. Zehr and Councillors J. Gazzola, B. loannidis, D. Glenn-Graham, Z. Janecki, Y. Fernandes, K. Galloway and B. Vrbanovic Motion Lost. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor K. Galloway Seconded by Councillor J. Gazzola "That Tender T11-024, Herlan Avenue (Strange Street to Walnut Street) Walnut Street (Cherry Street to Victoria Street South) Reconstruction, be awarded to Terracon Underground Ltd., Brantford, Ontario at their tendered price of $880,914.72, including provisional items and contingencies of $158,7460, plus H.S.T. of $114,518.91, for a total of $995,433.63; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Recorded Pecuniary Interest and Abstention: Councillor P. Singh as his family has interests in property in the subject area. Moved by Councillor K. Galloway Seconded by Councillor J. Gazzola "That Expression of Interest E11-033, Consultant Services - External Post Tensioning Rehabilitation Project -Duke and Ontario Garage, be awarded to Read Jones Christoffersen Ltd., Kitchener, Ontario at their estimated fee of $60,500., plus H.S.T. of $7,865., for a total of $68,365., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Supply Services be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T11-027 One (1) Loader Mounted Quick Disconnect 181 kw (250 hp) Snow Blower, be awarded to J. A. Larue Inc., Mississauga, Ontario, at their tendered price of $109,948. plus H.S.T. of $14,293.24 for a total of $124,241.24." - and - "That Expression of Interest E11-037, Consultant Services - 2011 & 2012 Stormwater Audit, be awarded to Aquafor Beech Ltd., Guelph, Ontario at their estimated fee of $78,870., including contingencies of $7,170. plus H.S.T. of $10,253.10, for a total of $89,123.10, 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 T11-035, Bridge Rehabilitation -Hayward Avenue Bridge at Schneider Creek, be awarded to Finnbilt General Contracting Limited, Stratford, Ontario at their tendered price COUNCIL MINUTES JUNE 13, 2011 - 164 - CITY OF KITCHENER of $422,330., including provisional items and contingencies of $50,955., plus H.S.T. of $54,902.90, for a total of $477,232.90.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T11-030 -Roof Replacement -Grand River Arena, be awarded to Semple Gooder Roofing Corporation of Ayr Ontario, at their tendered price of $277,490., plus H.S.T. of $36,073.70, for Roof Section R1, as well as $33,995., plus H.S.T. of $4,419.35, for roof Section R2, for a total of $351,978.05." Carried. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That Clause 14 of the Community & Infrastructure Services Committee report of this date be adopted." Carried. Recorded Pecuniary Interest and Abstention: Councillor P. Singh as his family has interests in property in the subject area. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the balance of the Community & Infrastructure Services Committee report, excluding Clause 14, be adopted." Voted on Clause by Clause. Moved by Councillor J. Gazzola Seconded by Councillor S. Davey Clause 13 - Dealt with under Delegations and Carried, on a recorded vote. Balance of report -Carried. "That the report of the Finance and Corporate Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." Councillor J. Gazzola spoke in opposition to Clause 3 of the report, dealing with approval of a LEAF grant to Community Renewable Energy Waterloo (CREW), commenting that the Committee established to review applications had recommended refusal after considerable research and it was his opinion the Committee's recommendation should be supported in the absence of any compelling reason not to. He added that the whole issue of solar energy is in question, noting that should the Conservative Party be successful in taking office following the fall Provincial election, they have indicated their intent to do away with the Green Energy Act. Councillor Gazzola further stated that even with Government programming, many of those who have installed solar equipment have been unable to connect into the grid and it was his opinion granting funding to the CREW project was premature. COUNCIL MINUTES JUNE 13, 2011 - 165 - CITY OF KITCHENER Councillor K. Galloway commented that the application as submitted was incomplete and had the Committee been presented with all the information subsequently provided, they would have supported the application in the first instance. She noted that funding is given only to groups committed to working toward certain criteria and this application represents an opportunity to educate on the use of solar power and have positive impact on the environment. Councillor Galloway added that if there is a change in Provincial policy resulting from a new government and / or there is no uptake on CREW's project, the City retains the rights to the funding. Councillor B. Vrbanovic stated that this is the kind of innovative partnership envisioned for funding under the LEAF program and provides for a whole other group of citizens to become educated through their faith groups and exposed to the benefits of using alternative energy sources. The Planning & Strategic Initiatives Committee report was then voted on Clause by Clause. Clause 3 -Carried, on a recorded vote In favour: Mayor C. Zehr and Councillors D. Glenn-Graham, B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway, S. Davey, B. Vrbanovic and P. Singh Contra: Councillors J. Gazzola and F. Etherington Clause 4 - Dealt with under Delegations and Deferred to June 27, 2011 Council meeting pending further dialogue among all interested parties. Balance of report -Carried. Moved by Councillor S. Davey Seconded by Councillor B. Vrbanovic "That the report of the Audit Committee be adopted." Carried. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the report of the Heritage Kitchener be adopted." Carried. Councillor B. Vrbanovic gave notice that he would introduce a motion this date, listed as Item 8 a) under New Business, to request the Ministry of Municipal Affairs to work with the Association of Municipalities of Ontario (AMO) to consider creation of a Municipal Conflict of Interest Commissioner to assist municipally-elected officials in determining a conflict of interest in advance of debate. Councillor Vrbanovic referred to the number of Councillors both Regional and in Kitchener, who had declared a conflict of interest in respect to the Region of Waterloo's Light Rail Transit (LRT) project. In broader context, members of Council are faced with making a judgment call and in the interest of making the right decision often err on the side of caution, removing themselves from debate. He suggested that they should not have to seek a legal opinion each time, noting that at the Federal and Provincial level an Ethics Commissioner is available to members of Parliament to obtain a ruling. Councillor Vrbanovic stated that a similar position at the municipal level would allow an independent, at arms length, ruling to be obtained. Councillor F. Etherington requested that the motion be modified to also request clarification of the definition of an "interest in common with electors generally" under the Municipal Conflict of Interest COUNCIL MINUTES JUNE 13, 2011 - 166 - CITY OF KITCHENER Act, suggesting that this has potential to remove a Ward Councillor from debate on matters related to the Ward they represent. Councillor D. Glenn-Graham expressed support in principle; however, he questioned the potential for costs to be downloaded to the municipality. Councillor Vrbanovic noted that the motion provides for the matter to be referred to AMO to negotiate with the Province, the costs of which would likely form part of the discussions, and suggested that level of detail would be determined during those negotiations. Moved by Councillor B. Vrbanovic Seconded by Councillor D. Glenn-Graham "WHEREAS the Municipal Conflict of Interest Act contains provisions related to conflicts of interest by elected officials who sit on municipal councils; AND WHEREAS municipal elected officials are left to themselves and any legal advice they personally obtain to determine if they believe they have a potential conflict that contravenes the intent of the act; AND WHEREAS even after obtaining legal advice, municipal elected officials may still face a potential conflict of interest complaint and have to incur personal costs towards their defense of that complaint; BE IT RESOLVED that the City of Kitchener request the Ontario Ministry of Municipal Affairs to work in conjunction with the Association of Municipalities of Ontario to investigate the creation of a Municipal Conflict of Interest Commissioner, who would consider potential conflicts in advance when requested by an individual municipal elected official and whose ruling would be binding and final on that elected official; and, BE IT RESOLVED that as part of the investigation, clarification of the intent of the definition of an "interest in common with electors generally" be provided as it relates to municipal Ward systems and individual Ward Councillors; and further, BE IT RESOLVED that this motion be forwarded to the municipalities in Waterloo Region, the Association of Municipalities of Ontario (AMO), the MPPs in Waterloo region and the Minister of Municipal Affairs" Carried Unanimously. Councillor Y. Fernandes gave notice that she would introduce a motion this date, listed as Item 8 b) under New Business, to request staff to investigate the feasibility and implications of a residential rental licensing by-law. Councillor Fernandes commented that she has experienced issues related to rental housing in Kitchener and in particular, in regard to student housing related to Conestoga College. She stated that she is asking that the by-law passed by the City of Waterloo be investigated, along with other similar municipal by-laws, to determine the feasibility of taking a similar course of action in Kitchener. Councillor B. Vrbanovic noted that the City of Waterloo's by-law is fairly new and untried. He suggested that taking similar action at this time may be premature pending evidence of the ability of Waterloo's by-law to stand in a Court of law. He suggested that it may be more appropriate at this time to direct staff to increase pro-active enforcement of student housing issues. Councillor Fernandes advised that she has had discussions with staff and their Waterloo counterparts and they are confident the Waterloo by-law will pass challenges in Court. She stated that this is a concern of safety that is not specific to student housing but rather to ensure the health and safety of all rental properties in the City. She suggested that action should not be delayed pending a challenge to the Waterloo by-law, noting that both Fire and By-law Enforcement staff support the idea. Mayor C. Zehr suggested that an alternative interim step be taken to direct staff to firstly report on the status of rental properties and any related outstanding issues. Mr. J. Willmer, Deputy CAO, Community Services, agreed with a staged approach wherein staff would provide background and report on the status of the approaches taken by other municipalities; and then proceed on to next steps. Mayor Zehr stated that he expects the City will go this route in some fashion, but would like to have the benefit initially of an understanding of its effect in Kitchener. Councillor Fernandes advised COUNCIL MINUTES JUNE 13, 2011 - 167 - CITY OF KITCHENER that she would be willing to accept the interim step proposed; however, she stated that this is an issue to be taken seriously and if not, the City may be open to being held accountable for poor property standards. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn-Graham "WHEREAS the Municipal Act and Regulations under the Act permit a municipality to licence, regulate and govern the business of residential rental units; BE IT RESOLVED THAT staff be directed to provide background information on residential rental housing in Kitchener, including any outstanding issues and those actions taken by other municipalities to address issues in the rental housing industry; and report to the September 26, 2011 Community & Infrastructure Services Committee meeting." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add 4 additional by-laws for three readings this date, being: a by-law to amend Chapter 711 (Open Air Burning) of the Municipal Code relative to Clause 9 of the Community & Infrastructure Services Committee report; a zoning amending by-law (Huron Road, Activa Holdings Inc.) relative to Clause 1 of the Planning & Strategic Initiatives Committee report; a by-law to repeal By-law No. 2005-90 (Official Plan Amendment No. 58 -Cedar Hill Area); and a by-law to repeal By-law No. 2005-91 (Interim Control - Cedar Hill Area). Moved by Councillor P. Singh Seconded by Councillor S. Davey "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (b) 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. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) Being a by-law to amend Chapter 324 of the City of Kitchener Municipal Code with respect to Funding Applications and Agreements. (e) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Committee of Adjustment. (f) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (h) Being a by-law to amend By-law No. 2011-047 of the Corporation of the City of Kitchener being a by-law to amend various Chapters of the City of Kitchener Municipal Code. (i) Being a by-law to exempt certain lots from Part Lot Control -Block 147, Registered Plan 58M-324 - Steepleridge Street. (j) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (k) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. COUNCIL MINUTES JUNE 13, 2011 - 168 - CITY OF KITCHENER (I) Being a by-law to provide for the establishment and laying out of part of Old Cottage Place, Condor Street, Redtail Street and Falconbridge Drive as public highways in the City of Kitchener. (m) To confirm all actions and proceedings of the Council. (n) Being a by-law to amend Chapter 711 of the City of Kitchener Municipal Code with respect to Open Air Burning. (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Activa Holdings -Huron Road. (p) Being a by-law to repeal By-law Number 2005-90 -which adopts Amendment No. 58 to the Official Plan. (q) Being a by-law to repeal By-law Number 2005-91. 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 F. Etherington as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor F. Etherington 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 P. Singh Seconded by Councillor S. Davey "That the by-laws be given third reading, namely: (a) 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. 2011-074) (b) 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. 2011-075) (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2011-076) (d) Being a by-law to amend Chapter 324 of the City of Kitchener Municipal Code with respect to Funding Applications and Agreements. (By-law No. 2011-077) COUNCIL MINUTES JUNE 13, 2011 -169- CITY OF KITCHENER (e) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Committee of Adjustment. (By-law No. 2011-078) (f) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. (By-law No. 2011-079) (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2011-080) (h) Being a by-law to amend By-law No. 2011-047 of the Corporation of the City of Kitchener being a by-law to amend various Chapters of the City of Kitchener Municipal Code. (By-law No. 2011-081) (i) Being a by-law to exempt certain lots from Part Lot Control -Block 147, Registered Plan 58M-324 - Steepleridge Street. (By-law No. 2011-082) (j) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2011-083) (k) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2011-084) (I) Being a by-law to provide for the establishment and laying out of part of Old Cottage Place, Condor Street, Redtail Street and Falconbridge Drive as public highways in the City of Kitchener. (By-law No. 2011-085) (m) To confirm all actions and proceedings of the Council. (By-law No. 2011-086) (n) Being a by-law to amend Chapter 711 of the City of Kitchener Municipal Code with respect to Open Air Burning. (By-law No. 2011-087) (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Activa Holdings -Huron Road. (By-law No. 2011-088) (p) Being a by-law to repeal By-law Number 2005-90 -which adopts Amendment No. 58 to the Official Plan. (By-law No. 2011-089) (q) Being a by-law to repeal By-law Number 2005-91. (By-law No. 2011-090) COUNCIL MINUTES JUNE 13, 2011 - 170 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:50 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 13, 2011 - 171 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement with Sustainable Waterloo, satisfactory to the City Solicitor, to enable the City of Kitchener to become a member of Sustainable Waterloo's Regional Carbon Initiative as an Observing Organization on the basis of the $5,000 membership fee being waived in the first year; and, That Mayor C. Zehr be appointed as a member of the Sustainable Waterloo Advisory Board, as a means of enhancing relationships with other organizations within Waterloo Region who are pursuing green house gas reductions; and further, That the Sustainable Waterloo membership fees be reviewed at the end of the first year. 2. That the existing traffic calming measures (five (5) speed humps) on Clark Avenue from Wilson Avenue to Siebert Avenue remain in place. 3. That the Uniform Traffic By-law be amended to prohibit on-street parking from January 1st to March 31st of each year along the inside portion (odd numbered houses) of Northmanor Crescent. 4. That Demolition Control Application DC11/04/G/GS requesting permission to demolish one (1) single detached dwelling located at 517 Glasgow Street, owned by Cornwell Finnigan Ltd., be approved without conditions. 5. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be rg anted to the Highland Stirling Community Group for their weekly Neighbourhood Market events, for each Wednesday afternoon, from June 29, 2011, to September 14, 2011, between the hours of 11:00 A. M. and 2:30 P. M. 6. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be rg anted to the Kitchener Youth Action Council (KYAC) on Friday, August 19, 2011, between the hours of 4 P.M. and 11:30 P.M. for the 9th Annual Unity Jam concert to be held in the Civic Square. 7. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be rg anted to Bobby O'Brien's, 125 King Street West, for each Wednesday evening between the hours of 8:00 P.M. and 11:00 P.M., from June 8 to October 12, 2011, for a Blues band, playing on their patio area. 8. That the Arts and Culture Advisory Committee (ACAC) Work Plan 2011-2012, as attached to Community Services Department report CSD-11- 070, be approved. 9. That a by-law be enacted to amend Chapter 711 (Open Air Burning) with regard to the nuisance provision of the by-law and the inclusion of outdoor wood burning appliances, as outlined in Community Services Department report CSD-11-067. 10. That the City of Kitchener accept the donation of 3.309 ha (8.18 acres) of land containing a portion of a woodlot, known as Tilt's Bush, that is part of ESPA 30 (Strasburg Floodplain Forest) and described as Part 4 of 58R16158 from Dave Gubler; and, That the Mayor and Clerk be authorized to execute the required documentation to effect the transfer of title, subject to the terms and conditions as are satisfactory to the City Solicitor; and further, That the City of Kitchener provide Dave Gubler with a charitable donation receipt for the appraised value ($81,800.00) of the parcel of land. 11. That the proposed work plan and stakeholder engagement process for the Stormwater Rate- Credit Policy Development be received for information. COUNCIL MINUTES JUNE 13, 2011 - 172 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D) 12. That the Purchase Order for MTE Consulting Inc. be extended in the amount of $169,860.00 plus applicable taxes for the contract administration and inspection services for Huron Road Improvements from Strasburg Road to Fisher Hallman Road. 13. That Option C, as outlined in Infrastructure Services Department report INS-11-039 (Options for Implementing Cycling, Transportation Demand Management and Traffic Calming) be approved, allowing for commencement of the Cycling and Transportation Demand Management (TDM) initiatives as well as additional traffic calming in 2011; and further, That staff review annual operating costs for 2011. (Dealt with under Delegations and Carried, on a recorded vote) 14. That traffic calming reviews be initiated in 2011 for: Siebert Avenue / Woodhaven Road / Harber Avenue area and Highview Drive; and further, That, subject to approval of a Transportation Planning Project Manager, traffic calming reviews be initiated in 2011 for: Williamsburg Road and Sydney Street. 15. That the Strasburg Creek (North Branch) Ponds 65, 66 & 61 Municipal Class Environmental Assessment Report (Schedule B) prepared by Aquafor Beech Ltd., dated May 26, 2011 be received; and further, That the Strasburg Creek (North Branch) Ponds 65, 66 & 61 Municipal Class Environmental Assessment Report (Schedule B) be filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act. 16. That Infrastructure Services Department report INS-11-051 (City of Kitchener 2010 Wastewater Capacity Study) be received for information at this time and be considered by the Community and Infrastructure Services Committee in the fall of 2011; and further, That staff make available to all consultants and developers the study titled "City-wide Sanitary Sewer System Capacity Study" conducted by AECOM Canada Ltd. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on September 14, 2011. 2. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 7 to October 15, 2011 at Bingeman's Marshall Hall, 425 Bingeman's Centre Drive, Kitchener. 3. That the licence fee for the Heart and Hand Festival on September 24, 2011 taking place at the Joseph Schneider Haus be reduced to $46.10. 4. That the Chief Administrative Officer be authorized to sign the required Solemn Declaration of Substantial Completion certificates for the Infrastructure Stimulus Fund and Recreation Infrastructure Canada Fund projects. 5. That subject to the satisfaction of the City Solicitor, the contract with Greg Levine, GJ Levine Law Office, be renewed to provide that Mr. Levine will act as the City's Integrity Commissioner for an additional three and a half (3.5) year period ending June 30, 2015, based on an annual retainer of $2,000. and investigation fees of $150/hour plus expenses. COUNCIL MINUTES JUNE 13, 2011 - 173 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. That Finance and Corporate Services Department report FCS-11-120, dated May 19, 2011 titled 2010 Municipal Elections Review, be received for information; and, That an approach be made to the Province of Ontario and the Association of Municipalities of Ontario to investigate creation of a Province-wide ad campaign to promote municipal elections in 2014; and, That the Ministry of Municipal Affairs and Housing be requested to consider a change to the Municipal Elections Act to provide for an automatic recount threshold and in respect to sec.62(3) of the Act, investigate alternatives to `determination by lot' where a tie vote occurs; and further, That staff investigate alternative voting methods, including the use of Internet voting, with a report to come forward for consideration to the Finance & Corporate Services Committee by December 2012. 7. That the resolution of the Council of the City of Oshawa adopted on April 11, 2011, requesting the Minister of Education to amend the Education Act to declare voting day as a Professional Activity Day in order that schools would be available for the sole use as a voting place, be endorsed; and further, That this endorsement be forwarded to the Minister of Education and all Region of Waterloo municipalities, School Boards and MPP's. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That Zone Change Application ZC11/001/H/ATP (Huron Road, Activa Holdings Inc.) for the purpose of changing the zoning from Residential Three (R-3), with Holding Provision (17HSR) to Residential Six (R-6), on lands located on Huron Road as shown on the attached Proposed Zoning Map (Map No. 1), in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated April 27, 2011, attached to Community Services Department report CSD-11-055. 2. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-10214 for 771 Huron Road in the City of Kitchener, subject to the conditions outlined in Community Services Department report CSD- 11-061. 3. That a 2011 Local Environmental Action Fund (LEAF) grant in the amount of $86,500., be approved to Community Renewable Energy Waterloo (CREW) to fund Phase I of their Solar- City Pilot Program, subject to the development of an agreement satisfactory to the City Solicitor, which addresses project and intellectual property ownership; and further, That following the successful completion of Phase I, CREW may submit an additional LEAF application to fund Phase II of their Solar-City Pilot Program. (Carried, on a recorded vote) 4. That the proposed new Sign By-law attached to Community Services Department report CSD- 11-036, to repeal and replace the existing Sign By-law number 2007-170, be adopted, save and except the following which shall provide that: • the separation distance between video projection signs outlined in the new Sign By- law be changed from the proposed 50m to 100m; and, • the maximum area of a window that may be covered/blocked shall remain at 50%; and, COUNCIL MINUTES JUNE 13, 2011 - 174 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE - (CONT'D) 4. (Cont'd) That the new Sign By-law be incorporated into the City of Kitchener Municipal Code; and further, That the proposed new fee for banner signs and inflatable signs, as outlined in Community Services Department report CSD-11-036, be approved as a change to the comprehensive schedule of fees and charges effective July 1, 2011. (Dealt with under Delegations and deferred to June 27, 2011 Council meeting pending further dialogue with interested parties.) AUDIT COMMITTEE - 1. That the housekeeping amendments to Council Policy I-66 (Audit Committee -Terms of Reference) attached as Appendix `B' to Finance and Corporate Services Department report FCS-11-090, be approved; and, That the responsibility for oversight of risk management, be added to Council Policy I-66, as outlined in Report FCS-11-090; and further, That Section 2 of Council Policy I-66, be further amended to remove and replace the reference to the Committee choosing a Chair from amongst its members, with a provision stating that the Mayor shall serve as Chair of the Audit Committee. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2011-V-004 be approved to permit the alteration of the Roos Island Bridge located off of Jubilee Drive in Victoria Park, in accordance with Option 4B as identified in the plans and supporting information submitted with the application. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2011-V-005 be approved to permit the alteration to the second floor front porch and the installation of a new door on the second floor of the front elevation of the property municipally addressed as 41 Ahrens Street West in accordance with the plans and supplementary information submitted with the application, subject to the following conditions: • That the final building permit drawings be reviewed and heritage clearance issued by Heritage Planning staff prior to the issuance of a building permit; and further, • That final building materials be reviewed and heritage clearance be issued by Heritage Planning staff prior to the issuance of a building permit. 3. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2011-V-008 be approved to permit the demolition of the existing rear addition at the property municipally addressed as 72 Lorne Crescent in accordance with the plans and supplementary information submitted with the application, subject to the following condition: • That the final building permit drawings be reviewed and heritage clearance issued by Heritage Planning staff prior to the issuance of a building permit. COUNCIL MINUTES JUNE 13, 2011 - 175 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. FCS-11-128 -Request to Extend Sale of Fireworks to July 2, 2011 Council considered Finance and Corporate Services Department report FCS-11-128 (P. Harris), dated June 6, 2011. It was resolved: "That permission be granted to extend the sale of fireworks at all licensed fireworks vendor locations in Kitchener by one day to July 2, 2011." 3. FCS-11-121 -Committee of Adjustment Decisions Council considered Finance and Corporate Services Department report FCS-11-121 (D. Gilchrist), dated May 27, 2011. It was resolved: "That the application of Victoria Ariens (FN 2011-002 - 300 Joseph Schoerg Crescent) requesting legalization of a fence (stone wall) having the height of 1.35m (4.43') to be setback 2.51 m (8.23') from the driveway rather than outside the 4.57m (15') driveway visibility triangle, on Part Lot 12, Beasley's Broken Front Concession and Part Block 12, Registered Plan 58M-400, being Parts 1, 3 and 4, Reference Plan 58R-15677, 300 Joseph Schoerg Crescent, BE APPROVED, subject to the following conditions: 1. That the applicant shall remove 2.0 metres of the existing driveway and reinstate 2.0 metres of soft surface materials to the satisfaction of the Director of Transportation Planning. 2. That the applicant shall remove 0.51 metres of the existing driveway and install a 0.51 metre paving stone soldier course." - and - "That the application of 1813124 Ontario Inc. (SG 2011-008 - 232 Bleams Road) requesting permission for 2 directional ground supported signs to have a distance separation of 9.Om (25.93`) rather than the required 50m (164.04`); and to have no address on the signs, whereas the Sign By-law requires the address to be on these signs, on Lot 8, Plan 1482, 232 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit for this sign from the City's Planning Division." COUNCIL MINUTES JUNE 13, 2011 - 176 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. CAO-11-013 -Listing Agreement Authorization - 35 Trillium Drive Council considered Chief Administrator's Office report CAO-11-013 (R. Morgan), dated May 16, 2011. Councillor Z. Janecki questioned why the tender process resulted in no bids received. Mr. R. Regier, Executive Director, Economic Development, advised that the subject parcel is a small piece of industrial land, narrow in its configuration, which does not fit into the standard template for land sales. Its unique characteristics do not work well with the tender process as it is not a high profile piece of land in a prized location. Mr. Regier stated that the proposed listing with a realtor will provide opportunity for a more aggressive marketing approach, including site visits by prospective purchasers so they can see and envision potential of the property. It was resolved: "That the Mayor and Clerk be authorized to execute the Listing Agreement with the City's Real Estate Service Provider, Coldwell Banker Peter Benninger Realty, for the purposes of selling 35 Trillium Drive; said Agreement to be to the satisfaction of the City Solicitor."