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HomeMy WebLinkAboutCouncil - 2012-02-06COUNCIL MINUTES FEBRUARY 6, 2012 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor J. Gazzola. The meeting began with the singing of “O Canada” by The Rockway Public School Choir (Grades 1-6). On motion by Councillor B. Vrbanovic the minutes of the regular meeting held January 16, 2012 and special meetings held January 16, 19 & 30, 2012, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, a pecuniary interest was disclosed at the in-camera meeting of City Council held January 30, 2012 by Councillor P. Singh in respect to a land acquisition / disposition matter. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Mayor C. Zehr advised that in November 2011, Cadan Inc. was awarded the 2011 CUI Brownie Award in the category of “Best Overall Project in Canada” for the Tannery. In the acceptance speech given by Lana Sherman on behalf of Cadan Inc., she expressed a desire to share the award with the City of Kitchener. Mayor Zehr accepted the 2011 CUI Brownie Award on behalf of the City, acknowledging the contributions of staff from the Planning and Economic Development Divisions towards the Tannery project. Mr. L. Gordon, Director of Supply Services was in attendance and responded to questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Moved by Councillor B. Ioannidis Seconded by Councillor K. Galloway “That Expression of Interest E11-084 – Rockway Centre Feasibility Study & Business Case, be The RETHINK GROUP, Ennismore, Ontario awarded to at their estimated fee of $35,160., including disbursements of $3,950., plus H.S.T. of $4,571., for a total of $39,731., 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 T11-081 – Supply and Delivery of Tires and Related Services, be awarded to Bast Tire and Auto Service, Waterloo, Ontario, at their tendered price of $205,073.06, plus H.S.T. of $26,659.50, for a total of $231,732.56, with an option to renew for two (2) additional twelve (12) month terms.” - and - Badger Daylighting “That Tender T11-095 Hydrovac Excavating Services, be awarded to Inc., Cambridge, Ontario , at their tendered price of $292,556., plus H.S.T. of $38,032.28, for a total of $330,588.28, with an option to renew for two (2) additional twelve (12) month terms.” - and - “That Expression of Interest E11-041 – Consultant Services – Wabanaki Drive Bridge Rehabilitation (East of Manitou Drive on Wabanaki Drive) (City Bridge #826), be awarded to IBI Group, Waterloo, Ontario at their estimated fee of $88,577.50 including contingencies of $8,052.50 plus H.S.T. of $11,515.08, for a total of $100,092.58, based on a satisfactory contract being negotiated and upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” Carried. COUNCIL MINUTES FEBRUARY 6, 2012 30CITY OF KITCHENER - - Mr. Theron Kramer, Chair, Compass Kitchener and Ms. S. Adams, Director, Strategic Planning & Innovation, presented Chief Administrator’s Office report CAO-12-005, dated January 27, 2012, providing an overview of the 2011-2014 Strategic Plan: A Plan for a Healthy Kitchener. It was noted that a formal roll-out of the Plan will be undertaken with staff and the larger community to build awareness around the strategies, outcomes and avenues for increased involvement. Mr. John MacDonald and Ms. Trudy Beaulne-Stuebing presented an update on the Festival of Neighbourhoods, providing a review of what occurred in 2011. Ms. Beaulne-Stuebing gave an overview of what is planned for the 2012 Season, indicating that for the City’s centennial their goal is to have 100 registered events. Councillor Y. Fernandes challenged the other members of Council to help facilitate ten events in each of their Wards to assist the Festival of Neighbourhoods in reaching its 2012 goal. Mr. Ed D'Agostino, The Honest Lawyer Restaurantainment, was in attendance to answer questions arising from Clause 3 of the Finance and Corporate Services Committee report, which relates to an amendment to specified Conditions 3 and 4 of a liquor licensing agreement between the City of Kitchener and the owner of the 2306776 Ontario Inc. operating as The Honest Lawyer Restaurantainment. Councillor B. Vrbanovic requested clarification regarding the timing set out in Condition 4, whereby alcohol is not permitted to be served past 1:30 a.m. on the outdoor patio area, which must then be cleared of all patrons by 1:45 a.m. He questioned the reasonableness of only providing 15 minutes between the cessation of serving alcohol and when the patio is to be cleared of patrons. Ms. J. Sheryer, Assistant City Solicitor, advised that the Liquor Licence Act allows for a maximum of 45 minutes to have an area cleared of all beverages and clients following the cessation of serving alcohol. She stated that in this instance, while a shorter period is being given for the outdoor patio area, the interior of the establishment is not required to stop serving alcohol until 2:00 a.m. She added that this provides an opportunity to have patrons move inside, making the truncated time sufficient for the patio area. She indicated that the Alcohol and Gaming Commission of Ontario (AGCO) would accept this kind of modified condition, provided the establishment was in agreement. She noted that it would primarily be the responsibility of the establishment to enforce this condition; and should the City receive complaints, these could be raised with the AGCO. Moved by Councillor S. Davey, seconded by Councillor P. Singh, Clause 3 of the Finance and Corporate Services Committee report was brought forward for consideration. At the request of staff, Council agreed to amend Clause 3 by revising the wording of Condition 4 and adding modifications to Conditions 8 and 9 of the liquor licensing agreement specifying that a fencing barrier be constructed at a height of approximately five feet or greater to assist in preventing the passing of beverages or other objects over it and of material that will prevent the passing of beverages through it; as well as no music (live or pre-recorded) shall be played in the outdoor patio area after 11:00 p.m. Councillor Vrbanovic requested that Condition 4 be voted on separately, stating that he was not in support of extending the patio time to 1:30 a.m., as this could negatively impact the adjacent residential properties. Moved by Councillor S. Davey Seconded by Councillor P. Singh “That Clause 3 of the Finance & Corporate Services Committee report of this date, as amended, be adopted.” A recorded vote was requested. Carried, on a recorded Clause 3 (Condition 4) - vote. In Favour: Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway, S. Davey, F. COUNCIL MINUTES FEBRUARY 6, 2012 31CITY OF KITCHENER - - Etherington, D. Glenn-Graham, Z. Janecki, Y. Fernandes and Councillor D. Glenn-Graham. Contra : Councillors B. Vrbanovic and P. Singh Absent : Councillor J. Gazzola Carried Unanimously by all Balance of Clause 3 - members present. Carried. Mr. Dale Morel, area resident, attended in opposition to Zone Change Application ZC11/07/C/GS (1180 Countrystone Drive) listed as Clause 4 on the Planning and Strategic Initiatives Committee report. He advised that his property on Iron Gate Street abuts the subject lands, raising concerns with the impact the development would have on his quality of life and property values. He voiced concerns with the recommendation that was passed at the January 30, 2012 Planning and Strategic Initiatives Committee meeting allowing for the construction of a 24-unit stacked townhouse development. He expressed an opinion that it would have been easier to convince the Ontario Municipal Board (OMB) to reject the originally proposed 29 units. He suggested that the scope of the number of units proposed to be constructed would be suitable in the City’s Downtown core; but not in this suburban setting. He requested that an 8-foot high sound barrier be constructed between the rear-yards of the abutting properties and the parking area of the proposed development. In response to questions, Mr. Morel advised that he might be amenable to the construction of 16 units, commenting that once constructed there would be a negligible difference between the originally proposed 29 units and the 24 units recommended by the Committee. He added that a development of this magnitude should not be permitted in this neighbourhood. He reiterated that he could not foresee the OMB rejecting the development of 24 units, while they may have rejected the 29 units. He stated that in his opinion, it was not likely the developer would accept a reduction to 16 units. Mr. Chuck Kruse, area resident, addressed Council in opposition to Zone Change Application ZC11/07/C/GS (1180 Countrystone Drive). He asked that the Zone Change Application not be supported notwithstanding refusal may result in the matter proceeding to the OMB. He commented that there is precedent for applications failing at the OMB even though it was supported by municipal planning staff. He stated that the proposed intensification is not compatible with the neighbourhood, suggesting that while he liked the concept of reducing the number of units, it was his opinion the development itself on the subject parcel is wrong. He requested Council to refuse the Zone Change Application in its entirety. Mr. James Steffan, area resident, was in attendance and spoke in opposition to the proposed Zone Change Application for 1180 Countrystone Drive. He indicated that in June 2011 he purchased the property next door for approximately $400,000. and was unaware at that time that a 29-unit stacked townhouse development was going to be constructed on the neighbouring parcel. He displayed photographs of the area between the two properties, adding that a number of trees have already been removed along the edge of the subject property. He expressed concerns with the difference in grading between his property and 1180 Countrystone Drive, noting the close proximity of the townhouse development’s proposed parking lot to his home. In response to questions, Mr. Steffan advised that the development should be more in keeping with the surrounding neighbourhood. He added that should it go forward, he would prefer to see only 8-10 units, with an increase in the front and side setbacks. He stated that given the proposed reduction in the setbacks, a sizable fence would need to be installed to avoid the appearance of having vehicles parked in his rear-yard. Mr. J. Willmer, Deputy CAO - Community Services, confirmed that the Zoning By-law requires a visual barrier of at least six feet in height between a parking lot and a residential property. He stated that the proposed fence, as indicated on the site plan, runs along the property line and would be required between the parking spaces and the residential property. He clarified that the parking spaces are approximately 10m from the sidewalk and in accordance with regulations that initial 10m would not have to be fenced. Messrs. Rob Mullin, SmithValeriote Law Firm LLP, and Kevin Smith, President, Will-O Homes (C.S.) Inc., attended in support of the Zone Change Application, as filed. Mr. Mullin advised that COUNCIL MINUTES FEBRUARY 6, 2012 32CITY OF KITCHENER - - consideration was given to Council’s resolution, but it remains their belief the original zoning application with the proposed site plan, supported in principle by City staff, is appropriate and represents good land use planning. He indicated that while their preference would be to construct 29 units, they are reluctantly willing to accept the proposed reduction to 24 units with the special regulation providing for the requested setbacks. He clarified that it is not that they support the proposed reduction over the originally proposed 29 units, but if consideration were to be given to other choices, he asked that support be given to 24 units with the proposed setbacks. He indicated that while his client’s appetite for going to the OMB has been reduced, if the number of units were to be lowered to 14 units then the likelihood of an appeal to the OMB would be almost absolute. He suggested that if an OMB appeal is launched, whether by his client or someone else, a resolution should be sought through facilitated mediation. In response to questions, Mr. Mullin advised that tonight was the first time they heard the request for an eight foot noise attenuation wall, separating the parking area from the abutting residential properties. He noted further consideration of that request was needed, suggesting that it could be dealt with during the site plan approvals process. Questions were raised as to whether a reduction to 16 units at the same massing would be acceptable and the viability of increasing the value of the townhouses to align with the surrounding single detached dwellings. Mr. Mullin advised that a market review indicated that reducing the built form by half would not equal the same economic viability for the development. He stated that the economies of scale are borne by the number of potential purchasers for those 16 units at the revised asking price; thereby impacting the economic feasibility of such a reduction in units. He confirmed that as the price increases, the number of potential purchasers decreases, noting the price can only be increased so high until there is no one available to buy the townhouses. On motion by Councillor Z. Janecki, seconded by Councillor B. Vrbanovic, Clause 4 of the Planning and Strategic Initiatives Committee report was brought forward for consideration to approve the Zone Change Application for 1180 Countrystone Drive with a Special Regulation Provision to permit a maximum of 24 dwelling units, inclusive of duplexing. Councillor B. Vrbanovic stated that while Provincial legislation calls for greater intensification, good planning principles dictate a necessity to provide transition between different housing types. He requested clarification as to why a transition in housing type was not provided for in this instance. Mr. Willmer advised that the principles of planning apply and the test of compatibility was taken into consideration. He added that City staff worked with the Applicant to make changes to the site plan and in staffs’ opinion, it is appropriately compatible with the neighbourhood. He commented that transition is one way to achieve compatibility, but even where there are single family dwellings immediately adjacent to stacked townhouses this does not imply an absence of compatibility. He advised that the Planning Act as well as the City’s Official Plan speaks to the need for a variety of integration, which includes a variety of housing types and affordability ranges in a neighbourhood. He stated that staff consider all legislative requirements and weight these when making a recommendation on a zone change application. He added the very fact these townhouses may be priced differently than the neighbouring properties does not pose a problem from a planning perspective, given the diversity promoted by the City’s Official Plan. Responding to further questions, Mr. Willmer pointed out that if the number of units was reduced to 16 standard townhouses the massing would remain the same. He added instead of the stacked townhouses, the 16 units would be two-storey standard townhouses with finished basements. He noted that while the interior size of each unit would change, the main visual difference to the exterior would be the number of required parking spaces. He stated that such a difference is a matter of degree and opinion as to whether more parking would make this development less compatible with the neighbourhood. He indicated that it is the recommendation of the City’s Planning staff that the proposed 29 units would be compatible. Clause 4 of the Planning and Strategic Initiatives Committee report to permit a maximum of 24 LOST dwelling units was voted on and as a result of a tie on a recorded vote, with Mayor C. Zehr and Councillors S. Davey, F. Etherington, Z. Janecki, and D. Glenn-Graham voting in favour; and, Councillors B. Ioannidis, Y. Fernandes, K. Galloway, P. Singh and B. Vrbanovic voting in opposition. Councillor J. Gazzola was absent from this meeting. Mayor C. Zehr indicated that procedurally a determination needs to be made with respect to the subject Zone Change Application, as no status is currently afforded to it. COUNCIL MINUTES FEBRUARY 6, 2012 33CITY OF KITCHENER - - A motion by Councillor S. Davey, seconded by Councillor F. Etherington to approve the Zone Change Application ZC11/07/C/GS for Will-O Homes (C.S.) Inc. at 1180 Countrystone Drive, adding a Special Regulation Provision to permit a maximum of 22 units, inclusive of duplexing was brought forward for consideration. On motion, Councillor B. Ioannidis, seconded by Councillor K. Galloway, brought forward an amendment to Councillor Davey’s motion to reduce the maximum number of permitted units from 22 to 17. LOST Councillor B. Ioannidis’ amendment was then voted on and as a result of a tie on a recorded vote, with Councillors B. Ioannidis, Y. Fernandes, K. Galloway, Z. Janecki, and B. Vrbanovic voting in favour; and, Mayor C. Zehr and Councillors S. Davey, F. Etherington, P. Singh, and D. Glenn- Graham voting in opposition. Councillor J. Gazzola was absent from this meeting. Councillor B. Vrbanovic brought forward an amendment to Councillor Davey’s motion, which was accepted as friendly, to reduce the number of permitted units from 22 to 20. Moved by Councillor S. Davey Seconded by Councillor F. Etherington “That Clause 4 of the Planning & Strategic Initiatives Committee report as amended to permit a maximum of 20 dwelling units be adopted.” A recorded vote was requested. In Favour: Councillors B. Ioannidis, K. Galloway, S. Davey, F. Etherington, Z. Janecki, Y. Fernandes, B. Vrbanovic and P. Singh. Contra : Mayor C. Zehr and Councillor D. Glenn- Graham. Absent : Councillor J. Gazzola Carried. On motion by Councillor Z. Janecki, seconded by Councillor B. Vrbanovic, Clause 5 of the Planning and Strategic Initiatives Committee report was brought forward for consideration to direct staff to work with the property owner through the site plan approval process for Zone Change Application ZC 11/07/C/GS for Will-O Homes (C.S) Inc. at 1180 Countrystone Drive to provide for four specific site design elements. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor B. Ioannidis, to amend Clause 5 to add a further site design element requiring the construction of an eight-foot high sound barrier between the parking area of the proposed development and the rear-yards of the abutting residential properties. Mayor Zehr commented that he knows of no other neighbourhood within the City that has an eight- foot high noise attenuation wall separating two residential housing types, adding that it would not be appropriate for the area. Several Councillors spoke in support of the comments made by Mayor Zehr, suggesting that such a barrier would only worsen the impact of the proposed townhouse development and its integration into the neighbourhood. LOST Councillor Fernandes’ amendment was then voted on and on a recorded vote, with Councillors B. Ioannidis and Y. Fernandes voting in favour; and, Mayor C. Zehr and Councillors K. Galloway, Z. Janecki, B. Vrbanovic, S. Davey, F. Etherington, P. Singh, and D. Glenn-Graham voting in opposition. Councillor J. Gazzola was absent from this meeting. Councillor B. Vrbanovic requested that the second site design element listed under Clause 5 of the Planning and Strategic Initiatives Committee report concerning the provision of building facades with high quality finishes such as brick or stone, and not including siding, be voted on separately. COUNCIL MINUTES FEBRUARY 6, 2012 34CITY OF KITCHENER - - LOST The second site design element was then voted on and on a recorded vote, with Councillors B. Ioannidis, K. Galloway, and Y. Fernandes voting in favour; and, Mayor C. Zehr and Councillors Z. Janecki, B. Vrbanovic, S. Davey, F. Etherington, P. Singh, and D. Glenn-Graham voting in opposition. Councillor J. Gazzola was absent from this meeting. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor S. Davey, to amend Clause 5 to add a further site design element requiring building facades and finishes to be consistent with those of the surrounding neighbourhood. Carried Councillor Vrbanovic’s amendment was voted on and was on a recorded vote, with Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, P. Singh, Y. Fernandes, and D. Glenn- Graham voting in favour; and Councillors B. Ioannidis, K. Galloway, and Z. Janecki voting in opposition. Councillor J. Gazzola was absent from this meeting. Moved by Councillor Z. Janecki Seconded by Councillor B. Vrbanovic “That Clause 5 of the Planning & Strategic Initiatives Committee report, as amended, be adopted.” Carried Unanimously by all members present. Moved by Councillor Z. Janecki Seconded by Councillor B. Vrbanovic “That Clause 6 of the Planning & Strategic Initiatives Committee report be adopted.” Carried. At the request of Councillor Y. Fernandes, Council agreed to consider Item 5 of the Committee of the Whole agenda at this time regarding an Encroachment Agreement to legalize existing driveway / access, landscaping and fencing at 39 Doon Valley Drive on the Doon Valley Drive road allowance. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn-Graham “That, 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 39 Doon Valley Dr. (PIN 22625-0257) to legalize the existing driveway/access which encroaches approximately 4.5m, more or less, on the City’s closed Doon Valley Dr. road allowance for a length of approximately 26m and existing landscaping and fencing which encroach approximately 26.0m² on the City’s closed Doon Valley Dr. road allowance.” Carried. Council then considered Item 7 (a) under Unfinished Business regarding a proposed Residential Rental Licensing By-law. Mr. S. Turner, Director of Enforcement, advised that Community Services Department report CSD-11-156 (S. Turner) was considered in November 2011, outlining the implication of legislation as well as an overview of how other municipalities have dealt with issues surrounding the implementation of a Residential Rental Licensing Program. He confirmed that Council is not being asked to make a final determination this date to approve a Residential Rental Licensing By-law; rather, this concerns an investigation into the potential framework of what a licensing program might look like if it were to be implemented. Mr. Jeff Cooper, area landlord, advised that over a year ago one of his rental properties was damaged by a fire; however, this incident escalated the concerns around how houses are being used and the renovations that have been undertaken to accommodate rental uses. He added that the Kitchener Fire Department subsequently implemented a voluntary fire safety compliance program, aimed at the safety of houses being used as rental accommodations. He expressed opposition to the proposed Residential Rental Licensing By-law, commenting that he would not wish to see resources redirected from the fire safety compliance program toward the enforcement of the proposed by-law. COUNCIL MINUTES FEBRUARY 6, 2012 35CITY OF KITCHENER - - In response to questions, Mr. Cooper advised that his rental property is approximately 3,000 square feet (sq. ft.) and accommodates nine renters in nine bedrooms. He confirmed that he has installed a Direct Detect fire-monitoring system, adding that building permits and inspections were carried out on all renovations. Ms. Mary Mosaad, area landlord, addressed Council in opposition to the proposed Residential Rental Licensing By-law. She identified herself as a member of the Lower Doon Landlord Association, which is committed to providing clean and safe housing to the students of Conestoga College. She stated that she also installed a Direct Detect system at a cost of $1,800. and has taken part in the voluntary fire safety compliance program. She provided examples of how she assists and cares for the students who rent from her, noting that no noise complaints have ever been filed against one of her properties. She cautioned that a Residential Rental Licensing By-law would reduce the number of rental options available at a time when the College is estimated to grow by more than 10,000 students. She suggested that the City already has sufficient regulations in place to deal with this issue. In response to questions, Ms. Mosaad advised that she owns three rental properties ranging from 1,800 to 2,200 sq.ft., which accommodate 23 renters. She noted that she had no concerns with the City performing regular inspections of her rental properties, adding that she has provided her contact information to all adjacent neighbours and encouraged them to contact her should they have any concerns regarding her tenants. Mr. Robert Wilkie addressed Council in opposition to the proposed Residential Rental Licensing By- law, advising that he has been a real-estate investor for over 20 years. He stated that over that time he has dealt with concerns regarding noise, parties, and sidewalks not being shoveled; some of which were brought to the attention of By-law Enforcement staff. He questioned the need for further legislation regarding this matter, suggesting adequate by-laws already exist to mitigate any issues. He also provided examples of how he assisted students in making the transition to independent living. He indicated that he has also participated in the voluntary fire safety compliance program and 2 installed Direct Detect as well as CO monitors. He suggested that landlords such as himself provide a necessary service to the College and surrounding area. In response to questions, Mr. Wilkie advised that he owns 16 rental complexes, only one of which is located in the Lower Doon area on Arrowhead Place. He estimated the size of that rental complex at approximately 2,200 sq.ft. which accommodates six tenants. He acknowledged that incidents have occurred involving the tenants at that location, noting that is why he provided his contact information to all of the residents on that street. He added that he had no concerns with the City performing regular inspections of his rental properties, noting that staff from Kitchener’s Fire Department have inspected his property on Arrowhead Place. Mr. Nelson Martins, area landlord, addressed Council in opposition to the proposed Residential Rental Licensing By-law, advising that he has owned rental properties in the Lower Doon area since 2008. He identified himself as being a member of the Lower Doon Landlords Association, and expressed a willingness to work with the City’s Fire, Building and Enforcement staff. He stated that the average room in one of Conestoga College’s residences is only 250 sq.ft. and costs $631. per month. He put forward that the off-campus living space he provides is considerably larger, with better amenities at a more reasonable monthly rate. He provided examples of how he has also assisted students in making the transition to independent living, suggesting that cooperation between all parties is what is needed to mitigate issues; not further regulations. Mr. Martins further advised that he owns five rental properties ranging from 2,200 to 3,000 sq.ft. with seven – eight tenants in each. He confirmed that he has installed a Direct Detect fire monitoring system in almost all of his properties, adding he obtained all necessary permits for the renovations he has undertaken. Mr. Erno Bauer, area landlord, addressed Council in opposition to the proposed Residential Rental Licensing By-law, suggesting that further regulation was not required. He confirmed that he owns three rental properties with each having six tenants. He expressed support for undertaking inspections of all of his accommodations to ensure they comply with all prescribed safety requirements. Mr. Oliver Jahn, area landlord, addressed Council in opposition to the proposed Residential Rental Licensing By-law, advising that he owns rental properties in the Lower Doon area. He stated that he sits on a Committee with Mr. Turner and Councillor Fernandes, which meets regularly to discuss COUNCIL MINUTES FEBRUARY 6, 2012 36CITY OF KITCHENER - - issues concerning students in Lower Doon. He commented that a Residential Rental Licensing By- law should not be applied to specific geographic areas; rather, if implemented it should be applied to the entire City. He stated that when the City of Hamilton examined this issue, it decided to implement a community outreach program instead of a licensing by-law, as a means of educating both landlords and tenants about the City’s regulations. He advised that, in his opinion, this is a planning and zoning issue, adding that health and safety concerns need to be addressed in conjunction with issues related to supply and affordability. He stated that Council has a choice; it could either direct Enforcement staff to investigate the framework for a potential licensing by-law or, ask Planning staff to examine infrastructure improvements to meet the demand for a safe and affordable housing strategy within walking distance of Conestoga College. Mr. John Moser presented a design for a six-storey student housing residence. He suggested that it could be constructed in the Lower Doon area on a vacant parcel of land owned by Mr. Jahn. He noted that it would serve as a means of accommodating the anticipated influx of students who will be attending Conestoga College in the future. Mr. Glen Trachael, President, Waterloo Regional Apartment Management Association, addressed Council in opposition to the proposed Residential Rental Licensing By-law, advising that his organization provides advice on issues that affect landlords and tenants. He stated that he was involved in the process when the City of Waterloo implemented its Residential Rental Licensing By- law to address student housing issues. He commented that while he is not opposed to regular inspections carried out as a part of that by-law, he does object to being billed $250. for the inspection; the cost of which is subsequently passed on to the tenants. He advised that maintenance, fire and building regulations already exist in the City of Kitchener along with enforcement mechanisms. He added that should a tenant have a concern with respect to maintenance, rent could be withheld and the matter adjudicated by the Landlord and Tenant Tribunal. He noted further regulations aimed at collecting additional fees is not required. Mr. Victor Komsic addressed Council in support of the proposed Residential Rental Licensing By-law, advising that he is not a landlord or a tenant, but owns a home on Arrowhead Place in close proximity to a student rental housing complex. He stated that the crescent he lives on has only 12 houses on it, two being student rental housing properties. He commented that over the past three years, he and his neighbours have had to deal with police, By-law Enforcement staff, broken bottles, and late night parties, all in relation to those two properties. He added that his children can no longer play on the island in front of his house due to the increase in traffic. He stated that regulations are required to address the situation faced by him and his neighbours. He gave an example of seven students, all of whom having cars, living in a three bedroom 1,100 sq.ft. house. He stated that it is common for those cars, or ones belonging to their friends’ park on his neighbour’s front lawns. He added that his street was not designed to accommodate this level of traffic. He noted that the appearance and condition of some student houses have a negative impact on surrounding property values. He asked Council to investigate implementing regulations aimed a mitigating these issues. Councillors P. Singh and B. Ioannidis declared pecuniary interests with respect to Item 7 (a) under Unfinished Business as both own residential rental properties; accordingly, neither Councillor took part in any discussion or voting regarding this matter. Moved by Councillor Y. Fernandes, seconded by Councillor D. Glenn-Graham, the recommendation contained in Community Services Department report CSD-11-156, listed as Item 7 (a) under Unfinished Business was brought forward for consideration. In response to questions, Mr. Turner advised that a potential review of a Residential Rental Licensing By-law for Kitchener originated out of concerns primarily centered on single detached housing being rented to groups of individuals, in some cases eight or more to a dwelling. He added there are certain zoning regulations that apply in the area of Lower Doon that are different from most areas of the City. He noted these include a prohibition on duplexing unless such duplex was in place prior to 2001. He commented that further challenges exist with respect to enforceability of the regulations that currently apply to rental units. He advised that at times, Enforcement staff experiences challenges in gaining entry to a dwelling to perform an inspection. He stated that if Council wishes further investigation, staff would report back in three to four months on the possible implications of implementing a licensing program in Kitchener, which would include an examination of alternative options available aside from licensing. He noted said report would also outline the potential resource impacts that such a by-law would have on the various Divisions. He confirmed that based on the experiences of other municipalities, the current staffing complement within the Enforcement Division would not be sufficient to implement a Residential Rental Licensing By-law. COUNCIL MINUTES FEBRUARY 6, 2012 37CITY OF KITCHENER - - Councillor S. Davey expressed concerns with dedicating resources to examining an issue that could be addressed by increasing the number of Enforcement staff with the intent of more proactively implementing existing City by-laws. He requested that any report on this matter should clearly indicate the cost implications as well as the increased staffing needed to implement such a by-law. Councillor K. Galloway indicated that she was not in support of pursuing a Residential Rental Licensing By-law, given this issue seems to be localized to a specific geographic area of the City. She suggested this matter could be mitigated through increased staffing resources in the Enforcement Division dedicated to addressing issues in that particular area. Mr. D. Chapman, Deputy CAO - Finance & Corporate Services, clarified that the resources required to conduct the investigation into the framework for the proposed Residential Rental Licensing By-law was accounted for within staffs’ 2012 work plan. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn-Graham “That staff be directed to provide further information on a residential rental licensing program including an overview of potential guiding principles and the various elements of the review process for such a licensing program; as well as, other options and/or alternatives, including those within existing regulations and by-laws, should a licensing program not be approved; and further, That staff advise Council of the implications on staff resources, within the 2012 Business Planning cycle, resulting from a process to review a residential rental licensing program for the City of Kitchener.” A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, F. Etherington, Z. Janecki, Y. Fernandes and B. Vrbanovic. Contra : Councillors K. Galloway and S. Davey. Absent : Councillor J. Gazzola Recorded Pecuniary Interest and Abstention: Councillors P. Singh and B. Ioannidis as both own residential rental properties. Carried. Council then considered Chief Administrator’s Office report CAO-12-004 (R. Regier), dated January 31, 2012, providing additional options for the interior renovations and exterior design concepts for the Victoria Park Boathouse than those recommended in Report CAO-11-032 (R. Regier) and listed as Item 7 (b) under Unfinished Business. Messrs. Rych Mills and Bob Sharpe, Victoria Park Working Group, attended in opposition to the interior renovations and exterior design concepts for the Victoria Park Boathouse as recommended in Report CAO-12-004. Mr. Sharpe expressed concerns regarding a number of items not provided for, which in the opinion of the Working Group, are essential to ensuring that the Park remains inclusive to the public. He stated their main concerns relate to the recommended conversion of the Boathouse’s washrooms for the exclusive use of that facility’s patrons. He advised that having access to washroom facilities is a normal expectation for the tens of thousands of people who visit the Park annually. In addition, he requested that space be set aside at the Boathouse to accommodate the possible future return of boating on Victoria Park Lake. He stated that such space would need to be big enough to store approximately ten canoes. He also asked that, weather permitting, the Boathouse’s concession stand be required to maintain regular hours of operation. He encouraged Council to support ‘Option 5’ of Report CAO-12-004, which calls for a public walkway to be constructed between the edge of the lake and the rear of the Boathouse patio area. COUNCIL MINUTES FEBRUARY 6, 2012 38CITY OF KITCHENER - - In response to questions, Mr. Sharpe acknowledged that residents in the Victoria Park neighbourhood had raised concerns in the past regarding sound emanating from the patio area and projecting across the Lake. He added that while he is amenable to non-amplified music being played on the patio, concerns may be raised in the future by people with homes directly across the Lake. He noted that one of the roles of the Victoria Park Working Group was to examine the use of the Park from a broader public perspective. He indicated that of the issues they raised, continued public access to washrooms was their top priority. Mr. Johnny Charmer addressed Council in support of the recommendation contained in Report CAO- 12-004, endorsing a design concept based on ‘Option 4’ to extend the patio from the Boathouse to the edge of Victoria Park Lake. He stated that while he appreciates the views of the Victoria Park Working Group, it is his opinion that the patio should extend to the Lake edge to enhance the economic viability of the Boathouse. He commented on the need for separate washrooms for the public and patrons of the Boathouse, adding that the previous arrangement forced the proprietor and his staff to constantly monitor who was using the washrooms. He expressed concerns with the recommendation proposing lease revenue be used to fund the $110,000. shortfall in the renovations budget. He commented that prices may need to be increased to accommodate the shortfall, which could deter people from visiting the establishment. He suggested that similar to other arts and culture organizations, the City should subsidize the shortfall as a means of supporting the Boathouse as an arts incubator. In response to questions, Mr. Charmer requested that Council endorse ‘Option 4’, as a means of making the business more viable. He stated that the proposed walkway would extend around the other 99% of the Lake and he could not understand the opposition to having it make a 20 meter detour around the Boathouse in order to accommodate the Lake-side patio. Mayor C. Zehr clarified that it is illegal for the City to subsidize a private venture, and in no way would the City generate a profit from the Boathouse lease. He added that the proposed use of lease revenues is solely on a cost recovery basis, noting the other arts and culture groups supported by the City are not-for-profit organizations. Ms. Anna Maste and Ms. Aimee Polevoy, Co-Chairs, Victoria Park Neighbourhood Association (VPNA), advising that all previous plans and designs presented to the public showed a walkway running along the entire edge of Victoria Park Lake. Ms. Maste stated that up until last week no one had heard of the proposed patio extension, so it is difficult to gauge which option is actually preferred by the public. She commented that the large common area to the north of the Boathouse across Jubilee Drive is the most frequently used area of the Park, adding that it is unreasonable to expect someone with mobility issues or a mother with small children to walk to the other side of the Park to use a washroom. She requested that a provision be made for continued access to public washrooms in the north end of Victoria Park, as opposed to identifying that item somewhere in the City’s 10-year Capital Forecast, as recommended in Report CAO-12-004. Ms. Polevoy acknowledged that the existing public washrooms at the Boathouse posed numerous safety concerns, adding that it would be unreasonable to ask any business owner to deal with the issues Mr. Doyle has encountered in those washrooms. However, this does not negate the need for separate public washrooms in the north end of the Park once those washrooms are renovated for the sole use of the Boathouse’s patrons. Councillor S. Davey pointed out that the Boathouse renovations are already projected at being $110,000. over budget, noting that the construction of a new washroom facility in the north end of the Park would only serve to increase that deficit. He questioned if the VPNA would be amenable to continuing the shared use of the Boathouse washrooms, but only having them accessible to the public until 7:00 p.m. Ms. Maste stated that the average Park visitor would probably not be opposed to having public access to the washrooms at the Boathouse close daily by 7:00 p.m. Ms. Tessa Jennison addressed Council in support of ‘Option 4’, extending the Boathouse patio area to the edge of Victoria Park Lake. She stated that this design concept would provide the best opportunity for the Boathouse to continue to serve as one of the City’s significant cultural centres. She provided examples of the illegal activities that occur in the Boathouse’s public washrooms and the difficulties faced by the proprietor in policing those issues. She added that renovating the washrooms for the private use of Boathouse patrons is vital to ensuring the security of the establishment. She indicated that the recommendation put forward in Report CAO-12-004 would help to ensure the future economic viability of the Boathouse as a cultural incubator. COUNCIL MINUTES FEBRUARY 6, 2012 39CITY OF KITCHENER - - In response to questions, Ms. Jennison advised that up until recently, the Boathouse’s patio extended to the edge of the Lake and should continue to do so to help the Boathouse become an economically viable business. She suggested that installing a walkway between the patio and the Lake would create a blind spot for police patrolling the area along Jubilee Drive. She added that it could also serve as a hangout for people, who may harass Boathouse patrons, which would negatively impact the business. Mayor C. Zehr advised that in accordance with Municipal Code Chapter 25.4.18 (Termination of Council proceedings) the proceedings of Council on any day shall be terminated by midnight, unless such proceedings are continued after such hour with the unanimous consent of the members present. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh “That approval be given for this meeting of Council to continue past midnight.” Carried Unanimously. Questions were raised regarding the feasibility of continuing to have joint access to the washrooms by the public and Boathouse patrons. Mr. R. Regier, Executive Director of Economic Development, advised that keeping with the status quo would not alleviate the issues faced by the proprietor of the Boathouse. He stated that splitting the current washroom into two separate facilities would reduce the capacity of the establishment. Ms. P. Houston, Deputy CAO - Infrastructure Services, added that challenges exist with incorporating a washroom addition on a site that is designated under the Ontario Heritage Act. Councillor B. Vrbanovic advised of a potential community partnership with the Building Trades Council, who would be willing to work on a pro-bono basis to assist with this project. Ms. Houston stated that while the City would need to ensure that all permitting requirements are met, there could be an opportunity for such a partnership. On motion by Councillor B. Vrbanovic, seconded by Councillor P. Singh, the recommendation contained in Report CAO-12-004 was brought forward for consideration. A motion was brought forward by Councillor F. Etherington, seconded by Councillor D. Glenn- Graham, to amend Clause 5 of Councillor Vrbanovic’s motion to request that a report be provided to the April 16, 2012 Community and Infrastructure Services Committee to address the following options for the Boathouse washrooms: 1. Immediate solution to separate the use of washrooms by the public and the customers / tenant of the Boathouse; and, 2. Public access to washrooms be explored at the north (clock tower) end of Victoria Park or in the vicinity of the Boathouse. Councillor F. Etherington clarified that the intent of the amendment is to ensure that the public does not lose access to the existing public washrooms, while solutions are being explored into the provision of alternate washroom facilities in the north end of the Park. Mr. D. Chapman confirmed that no funds are currently allocated for a new or temporary washroom facility in Victoria Park; however, in the past, the City has used capital closeouts to accommodate in- year additions to the budget. He indicated that a large number of capital closeouts were identified during the recent budget deliberations, to reduce the operating deficit. He added that most recent projections show there may be a small surplus in addition to what has already been approved toward the Operating Budget. He stated that nothing would preclude Council from earmarking a portion of the excess capital closeouts for use in 2012 for an additional capital project not currently provided for in the Capital Budget. Mayor C. Zehr suggested, and it was agreed, that the two options outlined in Councillor Etherington’s amendment would be considered separately. The first portion of Councillor Etherington’s amendment regarding exploring the shared use of the LOST Boathouse washrooms was voted on and on a recorded vote, with Councillors S. Davey, F. Etherington, and P. Singh voting in favour; and, Mayor C. Zehr and Councillors B. Vrbanovic, K. COUNCIL MINUTES FEBRUARY 6, 2012 40CITY OF KITCHENER - - Galloway, Y. Fernandes, B. Ioannidis Z. Janecki and D. Glenn-Graham voting in opposition. Councillor J. Gazzola was not in attendance at this meeting. The second portion of Councillor Etherington’s amendment to explore options for the provision of Carried public washrooms in the north end of Victoria Park was then voted on and was . A motion was brought forward by Councillor F. Etherington, seconded by Councillor K. Galloway, to amend Clause 3 of Councillor Vrbanovic’s motion to approve the exterior design concept based on ‘Option 5’, as outlined in Report CAO-12-004, which includes an asphalt walkway between the Lake edge and the patio at the rear of the Boathouse. In response to questions regarding the walkway, Mr. Regier indicated that he could foresee future difficulties in preventing people from gaining unwanted access via the walkway, when the patio is operating at full capacity. He stated that ‘Option 5’ envisions expanding the patio to the west to wrap around the building and accordingly provides for the same amount of square footage as ‘Option 4’. Ms. C. Ladd, Chief Administrative Officer (CAO), advised that the design concept is flexible and would not prevent the possible addition of a new public washroom facility. Carried The amendment to Clause 3 of Councillor B. Vrbanovic’s motion was voted on and on a recorded vote with Councillors S. Davey, B. Vrbanovic, B. Ioannidis, K. Galloway, F. Etherington and Z. Janecki voting in favour; and, Mayor C. Zehr and Councillors P. Singh, Y. Fernandes and D. Glenn-Graham voting in opposition. Councillor J. Gazzola was not in attendance at this meeting. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh “That the Victoria Park Lake Boathouse improvements be undertaken using the $500,000. approved in the 2012 Capital Budget to secure the Boathouse as a City of Kitchener asset which is suitable for use as a cultural and commercial venue; and, That lease revenue and/or energy savings from this property be allocated to fund the $110,000. shortfall over the term of the lease; and, That the design concept based on Option 5 outlined in Chief Administrator’s Office report CAO-12-004, be approved, which includes an asphalt walkway between the lake edge and the patio at the rear of the Victoria Park Lake Boathouse, with the patio being extended to wrap around the west side of the building to allow customer patio entrance through a new opening to be constructed in the current concession stand window; and, That tenant specific upgrades, such as the relocation of the kitchen, should be financed by the operator subject to the negotiation of a satisfactory long-term lease; and further, That a report providing options on the Victoria Park Lake Boathouse washroom issue be presented at the April 16, 2012 Community and Infrastructure Services Committee meeting exploring public access to washrooms at the north end of Victoria Park or in the vicinity of the Boathouse.” Carried . Messrs. Jeff Thompson and Rob Tester addressed Council regarding the RAIN: An Ecological Approach to Stormwater Management in Kitchener and Waterloo funding agreement listed as the first item of Clause 4 on the Finance and Corporate Services Committee report. Mr. Thompson advised that the Chamber of Commerce represents many companies in Kitchener that provide education and solutions in the area of Storm Water Management. He added that in light of the RAIN funding agreement he wanted to ensure that there wouldn’t be a conflict between the City’s initiative and the current private sector companies. Mr. Tester representing the region for Landscape Ontario advised that many companies have implemented ‘green solutions’ with respect to water runoff and storm water management practices. He further advised that there may be opportunities for these companies to assist the City as part of education program being funded. COUNCIL MINUTES FEBRUARY 6, 2012 41CITY OF KITCHENER - - Moved by Councillor S. Davey Seconded by Councillor P. Singh “That Clause 4 of the Finance and Corporate Services Committee report be adopted.” Carried. Moved by Councillor B. Ioannidis Seconded by Councillor D. Glenn-Graham “That the report of the Community & Infrastructure Services Committee be adopted.” Voted on clause by clause. Carried. Clause 9 – Recorded Pecuniary Interest and Abstention: Clause 9 – Councillor P. Singh, as he owns property in the area of Traynor Avenue / Connaught Avenue / Wilson Avenue / Franklin Street, which will be subject to a traffic calming review. Carried. Balance of report – Moved by Councillor S. Davey Seconded by Councillor B. Ioannidis “That the report of the Finance and Corporate Services Committee be adopted.” Voted on clause by clause. Dealt with under Delegations and Clause 3 - Carried, as Amended, on a recorded vote. Dealt with under Delegations and Clause 4 - Carried. Carried. Balance of report – Moved by Councillor Z. Janecki Seconded by Councillor B. Vrbanovic “That the report of the Planning & Strategic Initiatives Committee be adopted.” Voted on Clause by Clause Dealt with under Delegations and Clause 4 - Carried, as Amended, on a recorded vote. Dealt with under Delegations and Clause 5 - Carried, as Amended, on a recorded vote. Dealt with under Delegations and Clause 6 – Carried. Carried. Balance of report – Mayor C. Zehr acknowledged that this was Ms. C. Ladd’s last Council meeting as the CAO of the City of Kitchener. On behalf of himself and Council, he thanked Ms. Ladd for her 26 years of dedicated service to the City and the community as a whole. COUNCIL MINUTES FEBRUARY 6, 2012 42CITY OF KITCHENER - - Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-law for three readings this date, being a by-law to license street vendors and two zoning amending by-laws for Countrystone Drive and the Belmont Avenue Mixed Use Corridor. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (c) Being a by-law to exempt certain lots from Part Lot Control – Part Lots 12 to 16 inclusive, 19 to 22 inclusive, 27 to 29 inclusive, 32 to 34 inclusive, 37 to 39 inclusive, 42 to 48 inclusive, 53 to 57 inclusive, 60 to 64 inclusive, 67 to 71 inclusive and 74 to 77 inclusive, Registered Plan 58M-532 – Huron Road. (d) To confirm all actions and proceedings of the Council. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener. (f) Being a by-law to licence Street Vendors on property owned by The Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2012. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Will-O-Homes (C.S.) Inc. – 1180 Countrystone Drive. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “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 Y. Fernandes Seconded by Councillor Z. Janecki “That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2012-018) COUNCIL MINUTES FEBRUARY 6, 2012 43CITY OF KITCHENER - - (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2012-019) (c) Being a by-law to exempt certain lots from Part Lot Control – Part Lots 12 to 16 inclusive, 19 to 22 inclusive, 27 to 29 inclusive, 32 to 34 inclusive, 37 to 39 inclusive, 42 to 48 inclusive, 53 to 57 inclusive, 60 to 64 inclusive, 67 to 71 inclusive and 74 to 77 inclusive, Registered Plan 58M-532 – Huron Road. (By-law No. 2012-020) (d) To confirm all actions and proceedings of the Council. (By-law No. 2012-021) (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener. (By-law No. 2012-022) (f) Being a by-law to licence Street Vendors on property owned by The Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2012. (By-law No. 2012-023) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Will-O-Homes (C.S.) Inc. – 1180 Countrystone Drive. (By-law No. 2012-024) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 1:00 a.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 6, 2012 44CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That Demolition Control Application DC11/21/O/MV requesting permission to demolish one (1) single detached dwelling located at 275 Old Huron Road, owned by Will-O Homes Inc., be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed residential dwelling unit; and further, That upon satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: That in the event that construction of the new dwelling unit is not substantially complete within 2 years of the date of issuance of the demolition permit, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000. for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 2. That Demolition Control Application DC11/22/O/MV requesting permission to demolish one (1) single detached dwelling located at 14 Old Cottage Place, owned by R & C Brittain, be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed residential dwelling unit; and further, That upon satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: That in the event that construction of the new dwelling unit is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000. for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 3. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the Holy Trinity Serbian Orthodox Church Kitchener-Waterloo respecting a designated area at the Williamsburg Cemetery with terms as outlined in Community Services Department report CSD-12-013; and, That the Manager of Cemeteries be authorized to sign amendments to the agreement with the Holy Trinity Serbian Orthodox Church Kitchener-Waterloo from time to time for the purpose of expanding the designated area at the Williamsburg Cemetery; and further, That the Manager of Cemeteries be authorized to hold burial space in the Williamsburg Cemetery for reasonably foreseen expansion(s) of the designated area set out in the agreement with the Holy Trinity Serbian Orthodox Church Kitchener-Waterloo. 4. That the Mayor and Clerk be authorized to execute the Travelwise Program Services Agreement, subject to the satisfaction of the City Solicitor, with the Region of Waterloo, the City of Cambridge, the City of Waterloo, Paradigm Transportation Solutions Limited, the University of Waterloo, Wilfrid Laurier University, Open Text Corporation, the Equitable Life Insurance Company of Canada, Hendry Coachlines Inc., Miller Thomson LLP and all other future Participating Organizations; and further, COUNCIL MINUTES FEBRUARY 6, 2012 45CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT’D) 4. (Cont’d) That the Mayor and Clerk be authorized to execute the Employers Acknowledgement regarding the Travelwise program, in a form satisfactory to the City Solicitor. 5. That the list of Neighbourhood Associations attached to Community Services Department report CSD-12-018, dated January 13, 2012, be approved for affiliation with the City of Kitchener for 2012. 6 That the Uniform Traffic By-law be amended to prohibit on-street parking annually from October stst 1 to March 31 on the south side of Liberty Avenue from Pandora Avenue to Stirling Avenue North. 7. That Demolition Control Application DC11/23/B/ATP requesting permission to demolish one (1) single detached dwelling located at 184 Breithaupt Street, owned by The Allen Building Inc., be approved without conditions. 8. That the commissioning and installation of art work by the City’s 2011 Artist-in-Residence, Sean Puckett, be approved; and further, That the Mayor and Clerk be authorized to execute the Artist-in-Residence 2011 Commission Agreement with Sean Puckett in a form satisfactory to the City Solicitor, such agreement encompassing the terms set out in Community Services Department report CSD-12-017. 9. That traffic calming reviews be initiated in 2012 for the following streets, as outlined in Infrastructure Services Department report INS-12-015: Glasgow Street between Fischer Hallman Road and Belmont Avenue; Morrison Road between King Street East and Sims Estate Drive; Neighbourhood bound by and including, Traynor Avenue/Connaught Avenue/Wilson Avenue/Franklin Street; and, Guelph Street between Weber Street and Lancaster Street. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That a by-law to licence Street Vendors in the City of Kitchener be prepared for Council’s consideration on February 6, 2012. 2. That the Mayor and Clerk be authorized to execute an amendment, satisfactory to the City Solicitor, to the City’s software licensing agreement with Oracle Corporation Canada Inc. allowing the Oracle/PeopleSoft application (software) to be used for an increased number of employees; and, That the Mayor and Clerk be authorized to execute an agreement for the provision of one year of maintenance and technical support services for the Oracle/PeopleSoft application with Oracle Corporation Canada Inc., provided such ordering document is satisfactory to the City Solicitor; and further, That the Director of Human Resources be delegated authority to execute maintenance and technical support agreements respecting the Oracle/PeopleSoft application, provided such agreements are satisfactory to the City Solicitor. 3. That notwithstanding the resolution of Council dated January 16, 2012, conditions 3, 4, 8 and 9 to the proposed agreement to be entered into relative to a liquor license application for 2306776 Ontario Inc. operating as the Honest Lawyer Restaurantainment, located at 305 King Street West, be amended to provide the following: COUNCIL MINUTES FEBRUARY 6, 2012 46CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 3. (Cont’d) 3. to abide by a set 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries), in other words alcohol sales will be limited to 60% of gross refreshment sales; and, 4. to stop serving alcohol by 2:00 a.m. daily, to stop serving alcohol by 1:30 a.m. daily on the outdoor patio area, and to clear all beverages and clients from the outdoor patio by 1:45 a.m. daily; and, 8. the outdoor patio area shall be enclosed by a fencing barrier constructed at a height of approximately 5’ or greater to assist in preventing the passing of beverages or other objects over it and shall be constructed of material that will prevent the passing of beverages through it; and further, 9. no music (live or pre-recorded) shall be played in the outdoor patio area after 11:00 pm. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) 4. That the Deputy CAO of Finance and Corporate Services be authorized to execute the two (2) Funding Agreements with the Ministry of the Environment to the satisfaction of the City Solicitor for the following two (2) projects: 1. RAIN: An Ecological Approach to Stormwater Management in Kitchener and Waterloo; 2. Beyond the Landfill: Finding Better Uses for Stormwater Pond Sediments; and further, That a Deputy CAO be authorized to sign any other requisite agreements with project partners to the satisfaction of the City Solicitor. (Dealt with under Delegations and Carried) 5. That the following recommendation contained in Infrastructure Services Department report be deferred to the February 27, 2012, Finance and INS-12-020, dated January 23, 2012, Corporate Services Committee meeting, to allow staff an opportunity for dialogue with all interested parties, including: the Grand Hill Village Neighbourhood Association and the City’s Environmental Committee: ‘That stormwater credit schedules as specified in Appendix B and C of report INS-12- 001 be approved and come into effect on July 1, 2012 with eligible credits applied retroactively to January 1, 2011; and, That the proposed by-law in Appendix D of report INS-12-001, amending the existing By-law 2011-153 (Storm Water Charge By-law) be approved; and further, That one (1) engineering technologist position (full-time), one (1) program assistant position (full-time), and two (2) engineering co-op student positions (May-August annually) be hired beginning in January 2012 so as to enable the advance of stormwater related programs and the stormwater credit program.’ COUNCIL MINUTES FEBRUARY 6, 2012 47CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC SERVICES COMMITTEE – 1. That the Downtown survey results and the Downtown Kitchener Preliminary Action Plan be accepted as information; and further, That staff be directed to launch a public consultation on the Draft Downtown Action Plan and bring the results of this consultation back to Council for consideration. 2. That City-initiated Zone Change ZC 09/10/COK/HH being an amendment to Schedules 40, 41 and 73 of Appendix A, sections 17, 93 and 416 of Appendix C, sections 26, 80, 424, 504, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582 and 583 of Appendix D and section 63 of Appendix F of By-Law Number 85-1 as they pertain to the Belmont Avenue West Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed-Use Corridor MU-1 and MU-2 zones with and without site-specific special provisions applying to these lands, be approved, in the form shown in the attached “Proposed By-Law” dated December 23, 2011 attached as Appendix A to Community Services Department report CSD- 12-012. 3. That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale, satisfactory to the City Solicitor, with Sunvest Development Corp, for the purpose of acquiring the vacant municipal parcel on Countrystone Drive known as Part Lot 34, German Company Tract, Township of Waterloo, Part 2, Plan 58R-6887, for the purpose of creating suitable frontage for Countrystone Park and improved park access for the community, to an upset purchase price of $175,000 plus HST, associated real estate fees, land transfer tax, and transaction costs; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete the conveyance. 4. That Zone Change Application ZC11/07/C/GS for Will-O Homes (C.S.) Inc. at 1180 Countrystone Drive, for the purpose of changing the zoning from Residential Four (R-4) to Residential Six (R-6) with Special Regulation Provision 598R and Special Regulation Provision 599R, and as amended to add a Special Regulation Provision to permit a maximum of 20 dwelling units, inclusive of duplexing, be approved. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) 5. That staff be directed to work with the property owner through the site plan approval process for Zone Change Application ZC 11/07/C/GS for Will-O Homes (C.S) Inc. at 1180 Countrystone Drive to provide the following site design elements on the subject property: enhanced landscaping throughout the site to provide a naturalized buffer to neighbouring properties; building facades and finishes be consistent with those of the surrounding neighbourhood; and, outdoor site lighting designed and installed to minimize glare on to neighbouring properties. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) 6. That Demolition Control Application DC11/18/C/MV requesting permission to demolish one (1) single detached dwelling located at 1180 Countrystone Drive, owned by Will-O Homes (C.S.) Inc., be approved subject to the following condition: 1) That the Applicant obtains a building permit for the proposed residential dwelling unit; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: COUNCIL MINUTES FEBRUARY 6, 2012 48CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC SERVICES COMMITTEE – (CONT’D) 6. (Cont’d) In the event that construction of the new dwelling units are not substantially complete within 2- years of the date of issuance of the demolition permit, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. (Dealt with under Delegations and Carried) COUNCIL MINUTES FEBRUARY 6, 2012 49CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – 1.Various Tenders Dealt with under Delegations. 2. CAO-12-005 – A Plan for a Healthy Kitchener: the City of Kitchener’s Strategic Plan for 2011-2014 Council considered Chief Administrator’s Office report CAO-12-005 (C. Ladd) January 27, 2012 listed for information purposes only. 3. FCS-12-011 – Dog Designation Appeal Committee Recommendation Council considered Finance and Corporate Services Department report FCS-12-011 (C. Goodeve), dated January 17, 2012. It was resolved: “That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Vivienne Berry, wherein the Committee modifies the Dangerous Dog Designation applied to her dog ‘Gizmo’ by the Kitchener-Waterloo and North Waterloo Humane Society and assigns conditions for the keeping of said dog, be ratified and confirmed.” 4.FCS-12-017 – Appointment to Region of Waterloo’s King/Victoria transit Hub Project Team Council considered Finance and Corporate Services Department report FCS-12-017 (R. Gosse) dated January 30, 2012. It was resolved: “That Councillor D. Glenn-Graham being appointed to the Region of Waterloo’s King / Victoria Transit Hub Project Team as requested by the Region of Waterloo Council by resolution adopted December 14, 2011.” 5.FCS-12-019 - Encroachment Agreement Request – Existing Driveway/Access, Landscaping and Fencing at 39 Doon Valley Dr on Doon Valley Dr Road Allowance Dealt with under Delegations. 6.FCS-12-020 - Agreement with the Regional Municipality of Waterloo for GRT Bus Shelters, Signs and Benches on City Road Allowances. Council considered Finance and Corporate Services Department report FCS-12-020 (L. MacDonald), dated January 30, 2012. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement with the Regional Municipality of Waterloo with respect to installation and maintenance of; and indemnification related to Grand River Transit bus shelters, signs and benches located on City road allowances.” COUNCIL MINUTES FEBRUARY 6, 2012 50CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 7.Request for Tag Day – Royal Canadian Sea Cadet Corps (WARSPITE) Council considered correspondence from Jennifer Kennedy, Fundraising Co-ordinator, Navy League of Canada, K-W Branch, dated January 25, 2012, requesting permission to conduct a Tag Day on April 21 and 22, 2012. It was resolved: “That the request of the Royal Canadian Sea Cadet Corps (WARSPITE) to conduct a Tag Day on Saturday, April 21 and Sunday, April 22, 2012, be granted.” 8. Minutes of Settlement – Everest Colleges Canada Inc. Council considered a matter arising from the In-Camera meeting held earlier this date It was resolved: “That the Mayor and Clerk be authorized to execute Minutes of Settlement, a Release and Confidentiality Agreement and any other documentation necessary to effect a settlement with Everest Colleges Canada, Inc.; said documentation to be to the satisfaction of the City Solicitor.” 9. FCS-12-022 – Appointment to Region of Waterloo’s 2012 Transit Service Improvement Plan Steering Committee Council considered this date Finance and Corporate Services Department report FCS- 12-022 (R. Gosse), regarding a request received from the Region of Waterloo. It was resolved: “That Councillor D. Glenn-Graham be appointed to the Region of Waterloo’s 2012 Transit Service Improvement Plan Steering Committee as requested by the Region of Waterloo’s Transportation Planning Department.”