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HomeMy WebLinkAboutCouncil - 2011-06-27COUNCIL MINUTES JUNE 27, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the singing of "O Canada" by Crystal borscht, King School of Vocal. Mayor C. Zehr presented Ms. Susan King, King School of Vocal, with a token of appreciation for her dedication over the past many years in assisting with arrangements for the singing of "O Canada" at the commencement of each Council meeting. On motion by Councillor P. Singh the minutes of the regular meeting held June 13, 2011 and special meeting held June 20, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Councillor K. Galloway, Chair of the Huron Natural Area (HNA) Joint Venture Group, presented commemorative plaques to Messrs. Tom Clancy and Frank Glew, in acknowledgement of their contributions as community leaders in the development of the HNA, which has become a valuable natural resource for future generations to enjoy. Bronze plaques will be erected at the entrance to the HNA in recognition of Messrs. Clancy and Glew, as well as a variety of community partners and builders who made significant financial contributions to the project. Mr. Theron Kramer, Chair, Compass Kitchener, presented the 2011-2012 Workplan for Compass Kitchener, relative to Item B.2 of the Committee of the Whole agenda. The Workplan includes: delivering an updated Annual Report Card; public education and awareness of the City's Strategic Plan particularly as it relates to community priorities; delivering an updated "Civics 101" program to bring awareness and build youth engagement in municipal government; support community engagement initiatives among youth and seniors; and continue hosting bi-annual All Advisory Committee meetings. Mr. Kramer agreed to take into consideration suggestions made by Councillors Z. Janecki and J. Gazzola to encourage teachers to take advantage of opportunities to bring classrooms to tour City Hall, and / or to observe Committee /Council meetings in progress. Moved by Councillor K. Galloway Seconded by Councillor D. Glenn-Graham "That the Compass Kitchener Work Plan 2011-2012, as attached to Chief Administrator's Office report CAO-11-012, be approved." Carried. Council was in receipt of Community Services Department report CSD-11-086 (Addendum to reports CSD-11-036 and CSD-11-081), dated June 22, 2011, concerning City-initiated housekeeping amendments to Chapter 680 (Signs) of the City of Kitchener Municipal Code; listed as Item 7 a) under Unfinished Business on the agenda this date. Report CSD-11-086 responds to concerns raised at the June 13, 2011 Council meeting by Mr. D. Lamka, A to Z Signs Limited, including correction of a typographical error in the minimum distance separation between portable signs and ground supported signs on the same lot from 25 metres to 15 metres; how enforcement is handled in regard to placement of portable signs; and, rationale for not permitting issuance of a portable sign permit prior to issuance of a Certificate of Occupancy. Addendum report CSD-11-036 also recommended that a new fee for banner and inflatable signs be equal to the fee for portable signs at $71. and that the decision of the Committee of Adjustment relative to Sign Variance Application SG 2010-026 (105 King Street East / 11 Benton Street) be amended to provide no expiry date for a video projection sign at this location. One further change is proposed in addendum report CSD-11-086 to provide that section 114 (c) of Chapter 680 related to Ground Supported signs be removed as it is redundant. Mr. D. Lamka received a copy of addendum reports CSD-11-086 and CSD-11-081, and acknowledged that he was satisfied with the correction to be made to the distance separation between portable signs and ground supported signs. Mr. Lamka then circulated a written submission dated June 27, 2011, together with copies of GIS mapping imagery for properties at 1601 River Road East and 500 Fairway Road South. He suggested that the City is using outdated GIS mapping imagery dating back to 2002, which is creating confusion in respect to proper placement of portable signs at these locations. COUNCIL MINUTES JUNE 27, 2011 - 180 - CITY OF KITCHENER Mr. J. Willmer, Deputy CAO, Community Services, advised that the mapping imagery for 1601 River Road East as presented by Mr. Lamka is date stamped 2002 and the imagery shown would have been used in 2002 for purposes of issuing a sign permit; however, the City's current GIS mapping imagery is current to the spring of 2010. Moved by Councillor K. Galloway Seconded by Councillor S. Davey "That the proposed new Sign By-law attached to 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 50 m to 100 m; and, the maximum area of a window that may be covered/blocked by a Window sign shall remain at 50%; and, the separation distance between Portable signs and Ground Supported signs on the same lot be corrected to state the existing separation regulation of 15 m (Section 169 b); and, the proposed new regulation, Section 114 (c), requiring that a Ground Supported sign be located a minimum distance of 15 m from a Portable sign, be removed; and, That the new Sign By-law be incorporated into The City of Kitchener Municipal Code; and, That the proposed new fee for Banner Signs and Inflatable Signs be $71.00, which is in line with the fee for Portables Signs, and that the fee be approved as a change to the comprehensive schedule of fees and charges effective July 1, 2011; and further, That Committee of Adjustment Decision SG 2010-026 - 105 King Street East / 11 Benton Street be amended in order that there be no expiry date for the Video Projection Sign. " Voted on clause by clause 15t Bullet Point of Paragraph 1 and Paragraph 4 - Carried. Balance of Paragraph 1 and Paragraphs 2 and 3 - Carried. Motion Carried. Mayor C. Zehr advised that a number of delegations were present to speak to Clause 8 of the Community and Infrastructure Services Committee report of this date, dealing with a proposed 200 m sidewalk installation on Old Mill Road, from Sydenham Street to Pinnacle Drive, as part of the Old Mill Road Forcemain Replacement Project. Mr. Richard Nunes, resident, spoke in support of the sidewalk installation, commenting that there are no homes designated as historically significant on the road and the true heritage value lies in the river view. He was of the opinion that safety of pedestrians is an issue, noting that notwithstanding the road is currently under construction motorists are still speeding. Ms. Lori Schultz, resident, opposed the sidewalk installation, noting that she has lived on the street for approximately 45 years during which there has been no accidents involving pedestrians and the street has existing calming measures, with low traffic and few buses travelling the roadway. Ms. Schultz presented two petitions with approximately 55 signatures in total of persons who have indicated they have not felt unsafe walking on the roadway and who support removal of the sidewalk installation from the forcemain replacement project. She suggested that the $40,000 cost of the sidewalk would be better used on Manitou Drive or Mill Park Drive. COUNCIL MINUTES JUNE 27, 2011 - 181 - CITY OF KITCHENER Mr. Paul Acquilina, resident, advised that his home originates to c.1875 and while he has made alterations to the rear and sides of the home the front of the home remains untouched. He expressed the opinion that although not designated, his home has heritage value. Mr. Acquilina displayed pictures of area homes, raising concerns as to the impact of the sidewalk installation so close to existing homes, loss of mature trees, loss of parking spaces and adverse impact to the heritage vista. Mr. Alan Waterfield, resident, spoke in support of the sidewalk installation, suggesting that the sidewalk would improve pedestrian safety and the scenic heritage views would remain notwithstanding this project. He added that pedestrian traffic will increase with completion of the trail link and Grand River Bridge crossing at the TransCanada Trail, increasing the need for safety; and notwithstanding past history, consideration should also be given to the future of the neighbourhood. Mr. Roman Szydlowski, resident, opposed the sidewalk installation, raising similar concerns as to the impact to the heritage vista, mature trees and available off-street parking. He disagreed that safety of pedestrians is an issue as existing calming measures has substantially reduced vehicle traffic and there has been a change in bus routes. On motion by Councillor K. Galloway, seconded by Councillor P. Singh, Clause 8 of the Community and Infrastructure Services Committee report of this date was brought forward for consideration to approve a 200m sidewalk installation on Old Mill Road, between Sydenham Street and Pinnacle Drive, as part of the Old Mill Road Forcemain Replacement project. Councillor K. Galloway expressed support for compliance with the City's Pedestrian Charter and the need to have safe and accessible passages for all. She added that no lands are being expropriated as the sidewalk is to be installed on City-owned lands and suggested that there is need to work on streets where there is a disconnect to provide connectivity on at least one side of a street. Councillor D. Glenn-Graham advised that while he supports safety, he was not in support of the sidewalk installation given the petitions presented and statements made that suggest a low volume of motor vehicle traffic. He added that sidewalk installation could be reconsidered at a later date if traffic volumes increase sufficiently to warrant further review. Councillor J. Gazzola was also not in support of the sidewalk installation given the majority of area residents are opposed. He stated that safety concerns, while valid, have not been an issue in the area and the installation will have impact to the heritage vista. Councillor Z. Janecki also opposed the sidewalk installation on the basis of its impact to the heritage features of the roadway, commenting that notwithstanding no buildings are designated they do have heritage value in dating back to the 1800's. Councillor B. loannidis spoke in support of the sidewalk installation, commenting that safety should be of utmost importance and the City has obligation under its Pedestrian Charter to provide the community with walkable, accessible and safe passages. Councillor Y. Fernandes commented that the proposed sidewalk installation represents a change in lifestyle led for many years by area residents and their concerns of loss of heritage is valid in having been previously upheld against prior requests for sidewalk installation. Traffic studies indicate a significant reduction in vehicle traffic and she was not in agreement with those who raised concerns of safety. Councillor Fernandes stated that the sidewalk would have a life long impact that is not desired by the area residents and suggested that the change in appearance that the sidewalk would bring would not necessarily mean a safer environment. Mayor C. Zehr agreed with comments that suggest the true heritage value of the roadway is not the buildings but rather the river view and suggested that if Council accedes to removal of the sidewalk installation it is unlikely that the City will ever install sidewalks in retrofit areas as there will inevitably be unique circumstances that will give rise to opposition. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That Clause 8 of the Community & Infrastructure Services Committee report of this date be adopted." A recorded vote was requested COUNCIL MINUTES JUNE 27, 2011 - 182 - CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors B. loannidis, K. Galloway, S. Davey, F. Etherington and P. Singh Contra: Councillors J. Gazzola, D. Glenn-Graham, Z. Janecki and Y. Fernandes Absent: Councillor B. Vrbanovic Motion Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. At the request of Councillor Y. Fernandes, it was agreed that staff would provide an email update to Council on the impact of slope erosion resulting from water run-off in the area of Woodbine Avenue. Mayor C. Zehr requested that staff discuss with the Grand River Conservation Foundation the potential to use any surplus funds remaining after construction of the pedestrian bridge for the Walter Bean Trail, to find permanent solutions for trails along the Grand River that are frequently washed out. Moved by Councillor K. Galloway Seconded by Councillor S. Davey "That Tender T10-084 Bridge Construction -Walter Bean Trail, be awarded to Gateman- Milloy Inc., Kitchener, Ontario, at their tendered price of $1,255,700.17, plus H.S.T. of $163,241.02, for a total of $1,418,941.19." -and- "That Tender T11-041, Closed Circuit T.V. Inspection of Gravity Sewers, be awarded to Dambro Environmental Inc., Caledon, Ontario at their tendered price of $122,698.45, including provisional items and contingencies of $15,000.00, plus H.S.T. of $15,950.79, for a total of $138,649.24; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor. " -and- "That Tender T11-014, Grand River Slope Stabilization, be awarded to 560789 Ontario Limited o/a R&M Construction, Acton, Ontario at their tendered price of $3,199,036.50, including provisional items and contingencies of $507,520.00., plus H.S.T. of $415,874.75, for a total of $3,614,911.25; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T11-036, Gas Pipeline Construction, be awarded to Link-Line Contractors Limited, Vaughan, Ontario at their tendered price of $4,778,632.40, including provisional items and contingencies of $771,438.73, plus H.S.T. of $621,222.21, for a total of $5,399,854.61." -and- "That Tender T11-040, Cured In Place Sanitary Sewer Lining, be awarded to Insituform Technologies Limited, Hamilton, Ontario at their tendered price of $317,420.00, including provisional items and contingencies of $109,270.00, plus H.S.T. of $41,264.60, for a total of $358,684.60; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." COUNCIL MINUTES JUNE 27, 2011 - 183 - CITY OF KITCHENER -and- "That Tender T11-034, Sportsfield Artificial Turf and Lighting, be awarded to Davan Landscape Design/Build Inc., Puslinch, Ontario at their tendered price of $1,513,082.09, less $22,248.00 (items removed), plus $150,324.80 (additional items), plus H.S.T. of $213,350.66, for a total of $1,854,509.55; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T11-043 -Delivery of Inter-Office Mail, be awarded to Dynamex Canada Ltd., Cambridge, Ontario, at their tendered price of $70,669.30, plus fuel surcharge of $4,240.16, plus H.S.T. of $9,738.23, for a total of $84,647.69, for a two (2) year period with an option to renew for two (2) additional twelve (12) month terms." Carried. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That the report of the Community & Infrastructure Services Committee be adopted." Voted on Clause by Clause Clause 8 - Dealt with under Delegations and Carried, on a recorded vote. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor S. Davey "That the report of the Finance and Corporate Services Committee be adopted." Voted on Clause by Clause Clause 7 -Carried. Balance of report -Carried. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the report of the Planning & Strategic Initiatives Committee be adopted." In regard to Clause 2 of the report, dealing with endorsement of a statement of Commitment to Diversity and Inclusion, Mayor C. Zehr commented that the document is important in setting the tone for how the City will internally and externally address diversity and inclusion in daily business practices. Councillor Z. Janecki expressed difficulty in supporting the motion based on an uncertainty of the financial impact. Councillor J. Gazzola suggested that questions have not been answered in respect to how and what will be done and no indication has been given as to where problems exist, if any. He stated that he would oppose any form of a quota system and suggested that notwithstanding he would support the motion, more information is needed. Councillor Y. Fernandes expressed the opinion it should be common sense to ensure the best person is hired for the job and questioned how this initiative is to be rolled out. Ms. C. Ladd advised that what Council is being asked to approve this date is a statement of commitment to clearly indicate that addressing diversity and inclusion is an important priority for the City and this community. Staff is not asking for more funding or additional staff at this time, but rather will develop a strategy and a business plan over the coming months that will determine a COUNCIL MINUTES JUNE 27, 2011 - 184 - CITY OF KITCHENER recommended course of action for Council's consideration and direction. She added that diversity is not necessarily so much about programming as it is about educating and invoking a culture of understanding to be integrated into the Corporation's daily business practices. Councillor K. Galloway stressed the importance of understanding what is being asked this date and pointed out that any requests for funding support will have to come through future budget processes and be prioritized with all other budgetary matters. Councillor B. loannidis stated that he did not understand why costing has been raised as an issue at this time and suggested that the City must be forward thinking in all that it does. Mayor C. Zehr added that what is being endorsed does not in any way relate to a quota system but rather is a statement of principle. The Planning & Strategic Initiatives Committee report was then voted on clause by clause Clause 2 -Carried, on a recorded vote. In favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway, S. Davey, F. Etherington and P. Singh Contra: None Absent: Councillor B. Vrbanovic Balance of report -Carried. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the report of Heritage Kitchener be adopted." Carried. Councillor S. Davey gave notice that he would introduce a motion this date, listed as Item 8 a) under New Business, to request that the City's Public Art Policy (I-816) as it relates to the Kitchener Operations Facility (KOF) be deferred until such time as a full review of the policy is completed. Councillor K. Galloway questioned if there is any legal ramifications in deferring this matter as submissions have already been accepted and the Jury Panel has met to consider the submissions. Mr. J. Willmer, Deputy CAO, Community Services, advised that Council has authority to defer consideration or could refuse all submissions. Mayor C. Zehr questioned the timing for the Jury's recommendations to come to Council and how it relates to timing for review of the overall policy. Mr. J. Willmer advised that it is intended to table the policy in August at which time staff will provide background explanation of how the policy has been implemented and seek direction of Council going forward. Ms. P. Houston, Deputy CAO, Infrastructure Services, advised that the Jury recommendations were intended to come forward in September. Councillor J. Gazzola questioned if by endorsing the motion, Council would be circumventing due process and suggested that the appropriate time to request deferral would be when recommendations of the Jury are brought forward for consideration. Councillor S. Davey commented that his motion was reactionary to discussion at Committee which led him to believe that public art for the KOF may not be supported and he did not want to see Committee volunteers' time taken to undertake due process if the end result is likely to be that public art for KOF is not approved. Councillor Gazzola suggested that it would not be fair to interrupt a process that is already more than half way complete, nor dictate when the Committee should deal with submissions; and reiterated that the proper time to request deferral would be when this matter comes forward in August. Councillor Davey stated that in terms of public art for the KOF there is serious concern in that, the cost of artwork will be the most expensive considered to date and is to be located in a building that in his opinion does not fit within the public aspect of the policy as the facility will primarily be utilized by City staff. Councillor Gazzola responded that the KOF is a publicly-owned facility, the proposed artwork for which will not only be viewed by many staff but is likely to also be seen by many citizens visiting for a variety of reasons over the course of the facility's operation. He COUNCIL MINUTES JUNE 27, 2011 - 185 - CITY OF KITCHENER further suggested that in regard to cost, the proposed $100,000 expenditure is relevant given the KOF is the most expensive building under public ownership. Councillor F. Etherington asked if the intent of the review is to consider a reduction in the overall percentage factor for public artwork or for the KOF artwork in isolation. Councillor Davey responded that the intent is to look at all options, which may include considering whether or not large amounts should be designated to one area or spread more widely; or whether or not the 1% factor and/or the cap of $300,000 is still appropriate. Councillor K. Galloway agreed that a better understanding of the policy is needed but pointed out that the proposed deferral is based purely on assumption that artwork for the KOF will not be approved. She added that in comparison to other municipalities, Kitchener's public artwork program is under- funded and given the policy has been publicly vetted and accepted, it was her opinion the process should not now be circumvented. Moved by Councillor S. Davey Seconded by Councillor P. Singh "WHEREAS Council has requested a review of Public Art Policy I-816; and, WHEREAS the public art project for the Kitchener Operations Facility (KOF), (formerly known as the Consolidated Maintenance Facility), is subject to Policy I-816, has the potential to be a significant capital cost and is currently in process; BE IT RESOLVED that the Public Art Policy for the KOF be deferred until such time as Council has reviewed the Public Art Policy I-816." A recorded vote was requested In favour: Councillor S. Davey, Y. Fernandes and P. Singh Contra: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. loannidis, Z. Janecki, K. Galloway and F. Etherington Absent: Councillor B. Vrbanovic Motion Lost. Councillor Z. Janecki advised that further to Mr. Andrew McLeod appearing as a delegation at the June 13, 2011 Council meeting to request traffic calming measures be installed on a portion of Glasgow Street, he had received a further request from Mr. McLeod for a response to certain questions that he would like to have answered by staff. Council agreed to direct Transportation Planning staff to respond to the questions raised by Mr. Andrew McLeod in his email transmission dated June 27, 2011, related to the need for, and timing of, an additional traffic study on Glasgow Street; and the neighbourhood's request for consultation. At the request of Councillor Z. Janecki, Mr. R. Gosse, City Clerk, agreed to circulate to Council a copy of the Corporation's policy on use of electronic media devices during Council /Committee meetings. Council agreed to the request of Mr. R. Gosse, City Clerk, to add 6 additional by-laws for three readings this date, being: • a by-law to amend Council Policy I-1185 (Banner -Municipal) relative to Clause 3 of the Community and Infrastructure Services Committee report; • a by-law to repeal and replace Sign By-law No. 2007-170, [Chapter 680 (Signs) of the Municipal Code], relative to Item 7 a) under Unfinished Business; • a by-law to repeal and replace Chapter 586 (Refreshment Vehicle) of the Municipal Code, relative to Clause 3 of the Finance and Corporate Services Committee report; COUNCIL MINUTES JUNE 27, 2011 - 186 - CITY OF KITCHENER • a by-law to exempt certain lots on Thomas Slee Drive, Netherwood Crescent and Mistywood Street from part lot control; • a by-law to exempt certain lots on Steepleridge Street, Steepleridge Court, Cranbrook Street, Martinwood Street and Thomas Slee Drive from part lot control; and, • a by-law to exempt certain lots on Eden Oak Trail, Watervale Drive and River Ridge Street from part lot control. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "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) Being a by-law to exempt certain lots from Part Lot Control -Part Block 1, Registered Plan 58M-394 -Upper Mercer Street. (c) Being a by-law to exempt certain lots from Part Lot Control -Part Block 46, Registered Plan 58M-442 - Windale Crescent. (d) Being a by-law to exempt certain lots from Part Lot Control -Block 9, Registered Plan 58M-367 -Zeller Crescent. (e) Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (f) Being a by-law to provide for the widening of part of Strange Street, Gage Avenue and Waverly Avenue as public highways in the City of Kitchener. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Ayse Arif -Rosemount Drive. (i) Being a by-law to repeal and replace Chapter 680 of the City of Kitchener Municipal Code with respect to Signs. (j) Being a by-law to repeal and replace Chapter 586 of the City of Kitchener Municipal Code with respect to refreshment vehicles. (k) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1 to 9 inclusive, Registered Plan 58M-488 -Thomas Slee Drive, Netherwood Crescent and Mistywood Street. (I) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1 to 9 inclusive and Blocks 11 to 14 inclusive, Registered Plan 58M-487, Part Block 12, Registered Plan 58M-488 and Part Blocks 107 and 108, Registered Plan 58M-359 -Steepleridge Street, Steepleridge Court, Cranbrook Street, Martinwood Street and Thomas Slee Drive. (m) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1 to 10 inclusive and Blocks 20 and 23, Registered Plan 58M-370 -Eden Oak Trail, Watervale Drive and River Ridge Street. 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 P. Singh as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES JUNE 27, 2011 - 187 - CITY OF KITCHENER Moved by Councillor P. Singh Seconded by Councillor F. Etherington "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That the by-laws listed on the agenda for 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. 2011-091) (b) Being a by-law to exempt certain lots from Part Lot Control -Part Block 1, Registered Plan 58M-394 -Upper Mercer Street. (By-law No. 2011-092) (c) Being a by-law to exempt certain lots from Part Lot Control -Part Block 46, Registered Plan 58M-442 - Windale Crescent. (By-law No. 2011-093) (d) Being a by-law to exempt certain lots from Part Lot Control -Block 9, Registered Plan 58M-367 -Zeller Crescent. (By-law No. 2011-094) (e) Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (By-law No. 2011-095) (f) Being a by-law to provide for the widening of part of Strange Street, Gage Avenue and Waverly Avenue as public highways in the City of Kitchener. (By-law No. 2011-096) (g) To confirm all actions and proceedings of the Council. (By-law No. 2011-097) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Ayse Arif -Rosemount Drive. (By-law No. 2011-098) (i) Being a by-law to repeal and replace Chapter 680 of the City of Kitchener Municipal Code with respect to Signs. (By-law No. 2011-099) (j) Being a by-law to repeal and replace Chapter 586 of the City of Kitchener Municipal Code with respect to refreshment vehicles. (By-law No. 2011-100) COUNCIL MINUTES JUNE 27, 2011 - 188 - CITY OF KITCHENER (k) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1 to 9 inclusive, Registered Plan 58M-488 -Thomas Slee Drive, Netherwood Crescent and Mistywood Street. (By-law No. 2011-101) (I) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1 to 9 inclusive and Blocks 11 to 14 inclusive, Registered Plan 58M-487, Part Block 12, Registered Plan 58M-488 and Part Blocks 107 and 108, Registered Plan 58M-359 -Steepleridge Street, Steepleridge Court, Cranbrook Street, Martinwood Street and Thomas Slee Drive. (By-law No. 2011-102) (m) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1 to 10 inclusive and Blocks 20 and 23, Registered Plan 58M-370 -Eden Oak Trail, Watervale Drive and River Ridge Street. (By-law No. 2011-103) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:03 p. m. MAYOR CLERK COUNCIL MINUTES JUNE 27, 2011 - 189 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K-W Oktoberfest Inc. for a series of events being held at various clubs between October 1 and October 15, 2011, as outlined in the letter from K-W Oktoberfest Inc., dated July 14, 2010, attached to Community Services Department report CSD-11-084. 2. That the City of Kitchener enter into an agreement with the Impact Events Group Inc. for the purposes of hosting the Downtown Kitchener Ribfest & Craft Beer Show for 2011; and further, That the Deputy CAO of Community Services be authorized to execute an agreement with the host of the downtown Kitchener Ribfest & Craft Beer Show each year, on terms agreeable to the Deputy CAO of Community Services; said agreement to be satisfactory to the City Solicitor. 3. That the modifications to Council Policy I-1185 be approved in the form shown in Chief Administrative Officer report CAO-11-015, which generally include: • permitting the use of banners for City-related lifestyle marketing and brand development; • permitting the placement of banners for specific events, lifestyle marketing and brand development in excess of 3 weeks at a time; • establishing an application fee for new banner requests in the amount of $250; and, • establishing guidelines for the placement of new banner requests. 4. That the traffic calming measures (four (4) speed humps) on Old Carriage Drive between Pioneer Drive to Homer Watson Boulevard remain in place; and further, That the pedestrian refuge island on Pioneer Drive approximately 50 metres north of Old Carriage Drive remain in place. 5. That the traffic calming measures (four (4) speed humps) on Kinzie Avenue between Weber Street East and River Road East remain in place. 6. That Aimee Polevoy be appointed to the Safe & Healthy Community Advisory Committee (Inner City representative) for a term ending November 30, 2012; and, That Jacinda Cloutier be appointed to the Safe & Healthy Community Advisory Committee (at large representative) for a term ending November 30, 2012; and further, That Council Policy I-125 (Safe & Healthy Community Advisory Committee -Terms of Reference), be amended to add a representative of the Waterloo Region Crime Prevention Council as a permanent member of the Committee. 7. That the proposed donation of an artefact by the Kitchener Professional Fire Fighters' Association (KPFFA) be endorsed as an addition to the existing monument "Protecting the Memory" in Civic Centre Park; and further, That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with a representative of the Kitchener Professional Fire Fighters' Association regarding the donation of the artefact as outlined in Community Services Department report CSD-11-071. 8. That the proposed 200 meter sidewalk on Old Mill Road from Sydenham Street to Pinnacle Drive be approved as part of the Old Mill Road Forcemain Replacement Project to provide safe pedestrian passage. (Dealt with under Delegations and Carried, on a recorded vote) That the proposed alignment of the Community Trail located to the rear of lots 51 through 123 fronting on Pine Valley Drive, in the Doon South Community, referenced as Option E in Infrastructure Services Department report No: INS-11-047, be approved. COUNCIL MINUTES JUNE 27, 2011 - 190 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D) 10. That the proposed by-law attached to Infrastructure Services Department report INS-11-052, amending By-law 2010-113, Storm Water Charge By-law, be adopted; and further, That Schedule "A" "Storm Water Charges" to By-law 2010-113, be amended to reduce the Storm Water Charges by 10 % effective July 1, 2011. 11. That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the installation and maintenance of a sanitary forcemain connection for 37 Springdale Drive. FINANCE AND CORPORATE SERVICES COMMITTEE - That in conjunction with K-W Oktoberfest and its associated activities, the period October 7-15, 2011 inclusive, be declared a Civic Celebration; and further, That K-W Oktoberfest Inc. be granted a Temporary Retail Market Licence, provided that the necessary licence, including Health and Fire approvals, is obtained. That GTA Midways Inc. be granted permission to operate a Midway in Victoria Park, during Ribfest from July 15-17, 2011 subject to the following: Hours of operation: Date Start Close Friday, July 15 5:00 p. m. 10:00 p. m. Saturda ,Jul 16 Noon 10:00 .m. Sunda ,Jul 17 Noon 6:00 .m. and, That the music at the Midway be turned down at 8:00 p.m.; and, That the music be turned off one hour before closing time; and further, That the required licence be obtained prior to operating the Midway. That Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code be repealed and replaced and a by-law be prepared for Council's consideration on June 27, 2011. WHEREAS kidney dialysis is a provincial health-care responsibility; and, WHEREAS the Province has established an objective to have at least 35% of dialysis patients treated at home by 2013; and, WHEREAS home dialysis is a less expensive treatment than dialysis in the hospital; and, WHEREAS home dialysis imposes increased hydro, water, sewer utility costs on the patients' household; THEREFORE BE IT RESOLVED that the City of Kitchener requests that the Ministry of Health fund the incremental utility costs as a direct expense for patients receiving home dialysis; and further, BE IT FINALLY RESOLVED that this resolution be shared with the Regional Municipality of Waterloo which provides water treatment and waste-water treatment services, local municipalities within the Region, the 4 local MPP's and the Association of Municipalities of Ontario. That the balance of the community loan outstanding to the Homer Watson House Foundation of $36,700.87 with respect to 1762 Old Mill Road be forgiven; and further, COUNCIL MINUTES JUNE 27, 2011 - 191 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That the accrued interest on outstanding payments of $16,018.96 as of December 31, 2010 be written off against the allowance for doubtful accounts. 6. That Finance and Corporate Services Department report FCS-11-117 (2012 Budget Development Guidelines) be received for information; and further, That in addition to the targets and principles outlined in report FCS-11-117, staff be directed to identify tax-supported budget reductions ranging from 0% to 2% as part of the Operating budget submission. 7. That staff be directed to bring forward a report with options to increase the winter maintenance budget, through the budget process, working toward a funding level of the average winter season which will allow it to be prioritized with other issues. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That the Environmental Committee Work Plan (2011/2012), as attached to Finance and Corporate Services Department report FCS-11-123, be approved. 2. That the City of Kitchener Commitment to Diversity and Inclusion, as attached to Chief Administrator's Office report CAO-11-006, be endorsed. (Carried, on a recorded vote) 3. That Zone Change Application ZC06/20/R/AP (Ayse Arif, 153 Rosemount Drive), for the purpose of changing the zoning from Residential Three Zone (R-3) to Residential Three Zone (R-3) with Special Use Provision 367U and Special Regulation Provision 554R, in the form shown in the "Proposed By-law" dated May 18, 2011, attached to Community Services Department report CSD-11-078 as Appendix `A', be approved. 4. That the first draft of the new Official Plan for the City of Kitchener attached as Appendix `A' to Community Services Department report CSD-11-075, be received; and, That the draft of the new Official Plan be made available to the community for their review and comment and that staff continue to engage in public consultation of the draft Official Plan; and further, That staff report on the public consultation comments and provide recommendations for next steps in the Official Plan Review process in November 2011. HERITAGE KITCHENER COMMITTEE - (June 7, 2011 meeting) 1. That the following properties and individuals receive 2011 Mike Wagner Heritage Awards: Rehabilitation /Adaptive Reuse Awards: 151 & 121 Charles Street West (The Lang Tannery) Nominated by: Ian Carter, Cadan Inc. 397 Gravel Ridge Trail (Donnenworth Heritage House) Nominated by: Vaughn Bender, Schlegel Urban Development Individual Contributions to the Field of Heritage Conservation: Mr. Nyle Eby and Ms. Audrey Becker Nominated by: Vaughn Bender, Schlegel Urban Development. COUNCIL MINUTES JUNE 27, 2011 - 192 - 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. CAO-11-012 -Compass Kitchener 2011-2012 Workplan Dealt with under Delegations. 3. CSD-11-088 - Limiting Distance Agreement / 25 Breithaupt Street and 51 Breithaupt Street Council considered Community Services Department report CSD-11-088 (M. Selling) dated June 22, 2011. It was resolved: "That the Mayor and Clerk be authorized to execute a limiting distance agreement with the registered owners of 25 Breithaupt Street and 51 Breithaupt Street, Kitchener, to the satisfaction of the City Solicitor." 4. FCS-11-136 -Encroachment Agreement Request - 30 Ontario Street South (Proiecting Sign and Metal Support Bracket) Council considered Finance and Corporate Services Department report FCS-11-136 (J. Sheryer) dated June 15, 2011. It was resolved: "That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the tenant or property owner(s) and any mortgagee(s) of the property municipally known as 30 Ontario St. S. (PIN 22427-0058) to legalize the proposed projecting sign and metal support bracket which will encroach approximately 4', more or less, over the City's Ontario St. S. road allowance." 5. FCS-11-146 -Encroachment Agreement Request - 493 Zeller Drive -Fence Council considered Finance and Corporate Services Department report FCS-11-146 (J. Sheryer) dated June 16, 2011. It was resolved: "That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 493 Zeller Dr. (PIN 22713-4912) to legalize a proposed wooden fence along the side lot line for a length of 35.5m, more or less, adouble-door gate extending from the rear side of the house to join up with the wooden fence along the side lot line and adouble-door gate at the rear of the property to join the fence along the rear lot line to the fence along the side lot line, both gates extending 2.5m, more of less, over a storm sewer easement registered as Instrument Number WR580540. COUNCIL MINUTES JUNE 27, 2011 - 193 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. FCS-11-140 -Kenny's Bar and Grill - 347 Lancaster Street West -Licensing Conditions Council considered Finance and Corporate Services Department report FCS-11-140 (R. Gosse) dated June 20, 2011. It was resolved: "That notwithstanding Council's resolution of February 14, 2011 to hold a business licence hearing with respect to the licence issued to Romana Vignjevic, owner of Kenny's Bar & Grill; the aforementioned licensing hearing not take place; and further, That Licence 11 100132 00 L6 currently issued to Kenny's Bar & Grill, 347 Lancaster Street West be extended to December 31, 2011 with the following conditions: • The patio to be closed by 9:00 p. m. every night; and, • The licensee will ensure that no exterior door to the premises is propped open while music is being play in the establishment." 7. CAO-11-017 -Canada's Technology Triangle (CTT) -Business Mission to Brazil Council considered this date Chief Administrator's Office report CAO-11-017 (C. Ladd), dated June 23, 2011 requesting authorization for Mayor C. Zehr to participate in CTT's Mission to Brazil in September 2011. Councillor F. Etherington questioned the costs involved and the duration of Mayor Zehr's participation. Ms. C. Ladd, Chief Administrative Officer, advised that costing has not been finalized at this time as arrangements are still being formalized through CTT and agreed to follow-up with CTT in this regard. Mayor C. Zehr added that the itinerary is also still in the planning stages, noting that the intent will be to determine where his presence is needed most in terms of making contact and generating interest that could potentially bring new business opportunities into the Region. Councillor Etherington advised that he could not support the request, suggesting that the costs could range up to $7,000 and given current budget restraints was of the opinion the City cannot afford to participate. Ms. Ladd pointed out that at CTT's Annual General Meeting, City of Cambridge Mayor D. Craig had presented details of a recent mission to China wherein he had come to an understanding of the value of a Mayor's participation. Mayor Craig's presentation had included information on potential returns coming back to the Region ranging in the millions versus the initial investment of approximately $7,000 to participate. Mr. R. Regier, Executive Director of Economic Development, added that CTT has been tracking investment activities resulting from their foreign missions and compiling same into a report which could be shared with Council when completed. It was resolved: "That the Mayor be authorized to participate in the Canada's Technology Triangle (CTT) Business Mission to Brazil in September 2011." 8. INS-11-064 -Highway 7/8 Noise Walls -Ministry of Transportation (MTO) and City of Kitchener -Cost Sharing Agreement Council considered this date Infrastructure Services Department report INS-11-064 (J. McBride), dated June 27, 2011. It was resolved: "That the Mayor and Clerk be authorized to execute a cost sharing agreement with the Ministry of Transportation for noise wall works on Highway 7/8 between Courtland COUNCIL MINUTES JUNE 27, 2011 - 194 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. INS-11-064 -Highway 7/8 Noise Walls -Ministry of Transportation (MTO) and City of Kitchener -Cost Sharing Agreement (Cont'd) Avenue and Fischer-Hallman Road; said agreement to be in a form satisfactory to the City Solicitor."