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HomeMy WebLinkAboutCouncil - 2012-04-23COUNCIL MINUTES APRIL 23, 2012 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 Brittany Kalenderion, King School of Vocal. On motion by Councillor J. Gazzola the minutes of the regular meeting held March 26, 2012 and special meetings held March 26 & April 16, 2012, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE — NIL Mr. Stefan Rose, 2010 Artist -in -Residence (AIR), attended to recite an entry into the `Mayor's Poetry City Challenge' by reading the following poem entitled `Industria' from Grand River: Grand Conversations; developed as part of his 2010 AIR project. Industria Oak and maple branches cradle the municipal crest's symbolic animal; beaver faces left, as on the nickel coin, but gold and green predominate, surmounted by a crown. Fitting, given settlement along local streams and sand hills, grist and saw mills to supply the building of a community, furnished with finished woods reflective of the heraldic boughs. The City of Kitchener motto: Industria Prosperitas — From Industry Comes Prosperity. At Lakeside Park, today the civic creature's scarpered; high water, gnawed trunks, and wood chips are easily seen, though no Castor canadiensis, nor grand lodge from the past few decades' plantings, but then again it's Sunday and maybe even beavers take a break from their busy work. Messrs. Rod Goetz, Chair, and Jerry Van Ooteghem, President & CEO, Kitchener -Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation, were in attendance and reviewed highlights from their 2011 Annual Report. Mr. Van Ooteghem advised that KWHI remains in a good financial position, continuing to re -invest in its capital infrastructure and providing excellent service to its customers within the lowest residential rates among the large utilities in the Province. Mr. Goetz presented a cheque for the 2011 Reforestation Grant of $40,000., to Mr. D. Chapman, Deputy CAO - Finance & Corporate Services and City Treasurer, representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines; as well as, a dividend cheque in the amount of $373577900. Mr. Bradley Barbour, Chairman, Waterloo -Wellington Branch, The Monarchist League of Canada, addressed Council to request the City commemorate the Diamond Jubilee of Queen Elizabeth II by naming a new park after her. He noted that he was willing to personally donate $1,000. toward the cost of dedicating a park in honour of Queen Elizabeth II. In response to questions, Mr. Barbour acknowledged that a member of his group has independently arranged to have a tree planted and bench installed honouring Queen Elizabeth II in Victoria Park. He indicated that in four years Queen Elizabeth will pass Queen Victoria as the longest reigning monarch. He suggested naming one of the City's future parks after her would be a suitable tribute to commemorate such a milestone for Canada's current head of state. With regards to timing, he noted the Diamond Jubilee celebration will be ongoing until June 2013. Mayor C. Zehr requested that staff investigate potential options for commemorating Queen Elizabeth II's Diamond Jubilee. Ms. Mayra Coca addressed Council regarding Committee of Adjustment Submission No. FN 2012- 002 - 289 Overlea Drive, listed as Item B.2 on the Committee of the Whole agenda. She spoke in opposition to the requested variance to legalize an existing 12 -foot high wooden privacy fence, delineating her parent's property and 289 Overlea Drive. She displayed digital photographs of the fence, noting that it exceeds the maximum permitted height by approximately four feet. She stated that the fence was constructed as a result of an ongoing dispute between the two neighbours in which her family installed surveillance cameras as a means of mitigating allegations that they had damaged APRIL 23, 2012 COUNCIL MINUTES -94- CITY OF KITCHENER their neighbour's property. She noted there are currently no regulations prohibiting the installation of surveillance cameras, adding the applicant has also installed cameras which point into her parent's rear -yard. She further advised that the applicant, Mr. Joe DaSilva, was informed by the City that he was only permitted to construct three panels; but, disregarded these instructions and increased the length of the subject fence to approximately 16 metres along the property line. She expressed concerns with regards to safety, noting the applicant constructed the post and panel fence in approximately three days. She added that some sort of assurance should be given to certify that the fence was properly installed and would not be prone to collapse. She suggested that approval of this application could set a precedent allowing for the construction of similar fences in other neighbourhoods. She requested that Council refuse the requested minor variance to the City's Fence By-law. In response to questions, Ms. Coca advised that originally the two properties were only separated by a three-foot high chain-link fence. In 2006, the DaSilvas moved in next door and shortly thereafter constructed a seven -foot high wooden privacy fence inset behind the existing chain-link fence. She stated that as shown in the previously displayed digital photographs, the applicants had a habit of removing portions of their fence to make profane gestures. As a result, her parents hired Jay Fencing Ltd., who replaced the chain-link fence with a six-foot high wooden fence. She referenced correspondence from the owner of Jay Fencing Ltd., in relation to Mr. DaSilva's disruptive behaviour while the fence was being installed, which was eventually addressed by Waterloo Regional Police Services (WRPS). She indicated that WRPS personnel offered to facilitate mediation as a means of resolving the dispute; but, the DaSilvas refused to participate. Mr. Joe DaSilva advised that he had initially built a six-foot high wooden privacy fence between his property and the neighbouring property at 293 Overlea Drive. He stated that, in his opinion, the neighbours were upset with the installation of the initial privacy fence and installed surveillance cameras, which point into his backyard. He added that this led his neighbours to construct their fence on his property. He consulted the City's Planning staff to identify options to preserve his privacy and was informed that he could construct a separate decorative wall at a height that would impede the view of the cameras. He estimated the height of his neighbour's house at approximately 14 feet and the cameras mounted at a 450 angle; therefore, the fence needed to be at least 12 feet high. Prior to construction, his wife inquired if their neighbours would be willing to lower their cameras; however, they did not receive a response and proceeded with constructing the decorative wall. He commented that the wall is structurally sound, noting that the posts were buried in excess of four feet. In response to questions, Mr. DaSilva advised that prior to constructing the wall, he may have agreed to mediation, noting he spent $8,000. to build it. He commented that if he was allowed to retain his wall he would agree to mediation. He responded further that he was told that he could build a decorative wall as a means of regaining his privacy; however, By-law Enforcement staff deemed it to be a fence, which required a variance. He stated that, in his opinion, what he constructed was a decorative wall and not a fence; accordingly, he only consented to submitting the variance application in exchange for a letter indicating that the application could not be used against him in any future proceedings. Moved by Councillor D. Glenn -Graham Seconded by Councillor Y. Fernandes "That Council go in to in -camera session in order to receive advice subject to solicitor -client privilege regarding Committee of Adjustment Submission FN 2012-002 — 289 Overlea Drive." Carried. The meeting then recessed at 8:44 p.m. and re -convened at 9:01 p.m., chaired by Mayor C. Zehr and with all members present except Councillors B. Vrbanovic and P. Singh. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That consideration of Committee of Adjustment Submission FN 2012-002 (289 Overlea Drive), be deferred to a future Council meeting to allow time for staff to discuss this matter with the two affected property owners." Carried. APRIL 23, 2012 COUNCIL MINUTES -95- Councillor P. Singh re-entered the meeting at this time. CITY OF KITCHENER Mr. Joe St. John, Southwest Optimist Club, addressed Council in opposition to the proposed development of a skatepark at Southwest Optimist Park, as outlined in Clause 13 of the Community and Infrastructure Services Committee of this date. He raised concerns as to the potential location of the skatepark and the possible removal of Diamond 5 to accommodate its development. He commented that the Optimist Club invested approximately $30,000. to build Diamond 5 and questioned if the City would be offering any compensation to allow the Club to recoup those expenses. He further questioned the need for a permanent skatepark when the area already has a mobile skatepark, in which the Optimist Club invested $20,000. He added that based on his observations the existing mobile skatepark is rarely used and therefore demand does not justify the development of a permanent skatepark. He suggested if the City wished to pursue this project, other suitable locations are available in the immediate area; such as, the fields beside the Pioneer Park Community Centre, or Biehn Park. In response to questions, Mr. St. John advised that when Southwest Optimist Park was constructed approximately 30 years -ago, his Club paid for the installation of all of the baseball diamonds and playground equipment in exchange for free use of the diamonds annually in May and June for their youth program. He stated that regardless of its on-site location, the Club is not amenable to the development of a skatepark at Southwest Optimist Park. Moved by Councillor K. Galloway Seconded by Councillor Y. Fernandes "That Clause 13 of the Community and Infrastructure Services Committee report, be adopted." On motion, Councillor Y. Fernandes brought forward an amendment, which was accepted as friendly, to add a paragraph to Clause 13 directing staff to consult with the Southwest Optimist Club regarding the on-site location and design of the skatepark proposed for Southwest Optimist Park. Councillor J. Gazzola questioned if consideration had been given to the two alternative locations put forward by Mr. St. John. Ms. P. Houston, Deputy CAO - Infrastructure Services, advised that both alternative locations were evaluated as part of the Skatepark Planning Study; however, neither scored as high as Southwest Optimist Park. She asked that if Council did not wish to use Southwest Optimist Park, this matter be referred back to staff for re-evaluation rather than moving forward with one of the two alternate locations. Councillor Gazzola expressed concerns with making a decision on this matter without further discussions with the Optimist Club. Ms. Houston pointed out that the subject recommendation generally speaks to constructing a skatepark at Southwest Optimist Park, adding that its design and location within the Park would not be considered until 2016. She stated it was staff's intention to consult with the Optimist Club closer to that time to ensure the selected location was amenable to all parties. She noted that high level discussions could take place with the Club prior to that time. Moved by Councillor J. Gazzola Seconded by Councillor Y. Fernandes "That consideration of Clause 13, regarding the proposed development of a skatepark at Southwest Optimist Park, be deferred and referred to the September 10, 2012 Community and Infrastructure Services Committee meeting to allow time for further discussions to take place with the Southwest Optimist Club." Carried. Moved by Councillor K. Galloway Seconded by Councillor Y. Fernandes "That Clause 3 of the Community and Infrastructure Services Committee report be adopted." On motion, Councillor Y. Fernandes brought forward an amendment to Clause 3, which was accepted as friendly, to add two additional paragraphs directing that when 2009 Ottawa Street South is dismantled and inventoried, pieces of the structure be preserved so as to be incorporated into a significant feature within the subdivision. COUNCIL MINUTES APRIL 23, 2012 CITY OF KITCHENER Mr. Pierre Chauvin, MHBC Planning, appeared in support of the Demolition Control Applications for 1989 Ottawa Street South and 2009 Ottawa Street South, listed as Clause 3 on the Community and Infrastructure Services Committee report. Referencing the proposed amendments, he asked that the term "preserved" be replaced with "conserved / salvaged," noting the different connotation when that term is used in this context. He further suggested that as the condition of the entire log structure is currently unknown, it may not be possible to incorporate all of it into a significant feature within the subdivision. Accordingly, he requested that the phrase "where possible" be added to the proposed wording. Council agreed to the changes proposed by Mr. Chauvin. In response to questions, Ms. M. Drake, Heritage Planner confirmed that while 2009 Ottawa Street South is included on the Heritage Kitchener Inventory of Historic Buildings, it is not designated under the Ontario Heritage Act. Clause 3 of the Community and Infrastructure Services Committee report, as amended, was then voted on and was Carried. Mr. R. Morgan, Capital Investment Advisor, addressed Council in support of the proposed sale of 83 Elmsdale Drive, as recommended in Chief Administrator's Office report CAO -12-017 (R. Regier), and listed as Item B.6 of the Committee of the Whole agenda. He advised that previously a successful purchaser was chosen, but they were unable to close the deal. Accordingly, the property was re- marketed and the City has received an Offer to Purchase the subject property for $7.8M. He stated the purchasers are unable to provide a development vision at this time, as they need to undertake an environmental analysis to determine the best way to utilize the property. He noted that a development vision must be provided within 120 days from execution of the agreement of purchase and sale. Questions were raised regarding the conditions provided for in the agreement, and Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that the conditions do not need to be specifically referenced in the resolution being considered by Council this date. She confirmed that once a condition is waived, it is deemed to be accepted and as such, it would not be possible for one party to come back later indicating they are no longer satisfied with the condition. Moved by Councillor B. loannidis Seconded by Councillor P. Singh "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with Novacore Communities Corporation, In Trust for their acquisition of the City's parcel of land located at 83 Elmsdale Drive, having an area of approximately 4.88 hectares (12.06 acres), legally described as Part 1 on Plan 58R-16784 at a total purchase price of $7,800,000.00; said agreement to be to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, said documentation to be satisfactory to the City Solicitor." Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor K. Galloway questioned if the approximately $80,000. of uncommitted funds identified in Quotation 012-026 (Trail Crossing Upgrades) could be used to expand the scope of work; thereby increasing the number of trail upgrades that could be undertaken in 2012. Ms. P. Houston advised that the estimated surplus would typically be carried forward and agreed to investigate the possibility of whether it could be applied this year. In addition, she further agreed to provide information on the trails that have been identified to receive upgrades. Questions were raised regarding the estimated surplus of $466,990. projected as part of Proposal P12-134 (Playground Construction). Mr. G. Hummel, Manager, Park Planning, Development and Operations, advised that some of the identified surplus will be used to address additional costs associated with the development of a new park; such as drainage and surfacing. Mr. D. Chapman, Deputy CAO - Finance and Corporate Services, agreed to provide additional information as to APRIL 23, 2012 COUNCIL MINUTES -97- CITY OF KITCHENER whether a portion of this surplus could be applied toward the construction of additional parks in 2012 as well as details on the existing park development backlog. Moved by Councillor S. Davey Seconded by Councillor J. Gazzola "That Tender T12-010 Domestic Natural Gas Meter & Regulator Retrofit Service, be awarded to Lakeside Performance Gas Services Ltd., Mississauga, Ontario, at their tendered price of $638,300.25, plus H.S.T. of $82,979.03, for a total of $721,279.28, with an option to renew for two (2) additional twelve (12) month terms." - and - "That Tender T12-006 Water Heaters Residential Regular Tank, be split awarded to A.O. Smith Enterprises Ltd., Fergus, Ontario, Giant Factories Inc., Montreal, Quebec, and Rheem Canada Ltd., Brampton, Ontario, with an option to renew for two (2) additional twelve (12) month terms." - and - "That award of Tender T12-005 Domestic Gas Meters, be split to the lowest bidder by item, complete to specification as follows: • Item 1 - Series 250 Domestic Natural Gas Meter and Item 2 — Series 425 Diaphragm Natural Gas Meters, to Elster Canadian Meter, Burlington, Ontario, at their tendered price of $382,400., plus H.S.T of $49,712., for a total of $432,112; • Item 3 of 3 — Sonic 800 Ultrasonic Natural Gas Meters, to KTI Limited, Aurora, Ontario, at their tendered price of $40,385., plus H.S.T. of $5,250.05, for a total of $45,635.06, with an option to renew for two (2) additional twelve (12) month periods, subject to mutual agreement." - and - "That Tender T12-028 Electric Golf Cars, be awarded to Skyway Lawn Equipment Limited, Stoney Creek, Ontario, at their adjusted tendered price of $109,150., plus H.S.T. of $14,189.50, for a total of $123,339.50." - and - "That Tender T12-027 - Trail & Boardwalk Construction - Doon South Multi -Use Pathways, be awarded to Terratechnik Environmental Limited, Mississauga, Ontario at their tendered price of $266,996.62., including provisional items and contingencies of $46,035.00, plus H.S.T. of $34,709.56, for a total of $301,706.18." - and - "That Proposal P12-134 Playground Construction — Four (4) Parks, be awarded as follows: N=\A/ Parks• • Forest Creek Park to Henderson Recreation Equipment Limited, Simcoe, Ontario, at their proposed price of $22,901.00, plus H.S.T. of $2,977.13 for a total of $25,878.13; and, • Paige Park to Henderson Recreation Equipment Limited., Simcoe, Ontario, at their proposed price of $35,773.00, plus H.S.T. of $4,650.49, for a total of $40,423.49; and, Existing Parks: • Belmont Park to Henderson Recreation Equipment Limited, Simcoe, Ontario, at their proposed price of $38,469.36, plus H.S.T. of $5,001.02, for a total of $43,470.38; and, • Morgan Park to Crozier Enterprises Ltd., Toronto, Ontario at their proposed price of $39,263.00, plus H.S.T. of $5,104.19, for a total of $44,367.19." APRIL 23, 2012 COUNCIL MINUTES - and - CITY OF KITCHENER "That Quotation 012-015 Sewer Safety Cross Bore Inspection Program, be awarded to 1010360 Ont Inc o/a G -Tel Engineering, London, Ontario, at their quoted price of $100,770., plus H.S.T. of $13,100.10, for a total of $113,870.10." - and - "That Proposal P2012-11 - Integrated Supply Contract — Janitorial Products (Co-operative), issued by the Region of Waterloo on behalf of the Co-operative Agencies, be awarded to Wood Wyant Canada Inc., Mississauga, Ontario, for a three (3) year period, with an option to renew for two (2) additional two (2) year extensions." - and - "That Quotation Q12-026 — Trail Crossing Upgrades, be awarded to I.M. Benjamins Inc. o/a Hardscape Concrete, Paris, Ontario at their tendered price of $121,600. including provisional items and contingencies of $11,500., plus H.S.T. of $15,808., for a total of $137,408." - and - "That Expression of Interest E12-036 — Consultant Services, Building Vibration Monitoring, Halls Lane Reconstruction Phase 2 & 3, be awarded to OZA Inspections Ltd., Grimsby, Ontario at their estimated fee of $40,353.50, including contingencies of $3,668.50 plus H.S.T. of $5,245.96, for a total of $45,599.46." - and - "That Expression of Interest E12-037 — Consultant Services, Building Displacement Monitoring, Halls Lane Reconstruction Phase 2 & 3 (Revised), be awarded to J. D. Barnes Limited, Milton, Ontario at their estimated fee of $67,567.50, including contingencies of $6,142.50 plus H.S.T. of $8,783.78, for a total of $76,351.28." Carried. Moved by Councillor K. Galloway Seconded by Councillor Y. Fernandes "That the report of the Community & Infrastructure Services Committee be adopted." Councillor J. Gazzola expressed concerns with Clause 12 of the report, regarding the implementation of Option 3 (Rate phase-in over 3 years) for the Family 3 -Month Swim Pass. He stated that while Option 3 is less expensive compared to the originally approved rate of $365.61, it still represents a 135% increase over what was charged in 2011. He suggested that Council further discuss the rationale for the proposed increase prior to moving forward. A motion by Councillor J. Gazzola, seconded by Councillor D. Glenn -Graham, was brought forward to defer consideration of the fee for the Family 3 -Month Swim Pass to the May 7, 2012 Community and Infrastructure Services Committee meeting. Mayor C. Zehr commented that it would be preferable for Council to deal with this matter tonight, given that residents are currently paying $365.61 for the Family 3 -Month Swim Pass; therefore, any possible delay might only add to the number of passes sold at that rate. Councillor Gazzola's motion to defer this matter was then voted on and LOST. Councillor Gazzola proposed that Option 2, as outlined in Community Services Department report CSD -12-023 (M. Hildebrand), be approved instead of Option 3. He advised that Option 2 represents a more reasonable alternative, as it would only increase the fee for the Family 3 -Month Swim Pass by 57% over what was charged in 2011. COUNCIL MINUTES APRIL 23, 2012 CITY OF KITCHENER Councillor S. Davey expressed concern with moving forward with Option 2, noting it would annually cost the City approximately $27,000. in perpetuity. He added that he disliked dealing with these sorts of matters outside of Council's annual budget deliberation process. A motion by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, was brought forward to approve Option 2 (rate based on a family swimming twice per week) for the Family 3 -Month Swim Pass, with the 2012 rate being re -adjusted to $243.75. The Community and Infrastructure Services Committee report was then voted on clause by clause. Clause 3 - Dealt with under Delegations and Carried, as Amended Clause 12 - Carried, as Amended. Clause 13 - Dealt with under Delegations and Carried, as Amended Balance of report - Carried. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Finance and Corporate Services Committee be adopted." Mayor C. Zehr clarified that Clause 9 of the report was incorrect, noting that his motion at Committee was to defer the entire matter and not the proposed motion from the delegations. He then brought forward his motion made at Committee to defer consideration of the matter brought forward by the Waterloo Region Labour Council and the Waterloo Region Food System Roundtable regarding the Comprehensive Economic and Trade Agreement (CETA), to the May 7, 2012, Finance and Corporate Services Committee meeting, to allow staff an opportunity to investigate potential implications to the City pending the approval of the CETA, as well as an opportunity to seek feedback from Council's representative on the Federation of Canadian Municipalities. Council was in agreement to replace Clause 9 of the Finance and Corporate Services Committee report with the corrected recommendation. Councillor J. Gazzola expressed concern with Clause 2 of the report, regarding the extension of the Consultant Purchase Order (PO) for the Homer Watson Pumping Station upgrades as the project has gone significantly over the proposed number of working days. He questioned the costs associated with retaining a new consultant, adding that he would be in favour of waiving the RFP process to expedite the process of bringing on a new consultant. Ms. P. Houston advised that re -tendering would significantly delay this project. She confirmed that as of April 16, 2012, the contractor has utilized 250 working days and has indicated that they would need approximately 70 more working days to complete the project. She added the City is receiving compensation from the contractor for each day this project is delayed, which should off -set the additional costs associated with extending the PO. Accordingly, there should be no additional net costs to the City. Councillor J. Gazzola expressed further concerns with Clause 13 of the Committee report, indicating that he is not satisfied with the direction being proposed for the financial variance report. He noted that it was not his intent to undertake monthly discussions on the financial statements; rather, it was for this information to be circulated to Council on a regular basis. Councillor Y. Fernandes advised that she was also in opposition to Clause 13, commenting that in her estimation the existing SAP program has the capacity to provide the requested number of variance reports. The Finance and Corporate Services Committee report was then voted on clause by clause. Clause 2 - Carried, on a recorded vote. COUNCIL MINUTES APRIL 23, 2012 _100- CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn -Graham, Y. Fernandes and P. Singh. Contra: Councillors Z. Janecki and J. Gazzola. Absent: Councillor B. Vrbanovic Clause 13 - Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn -Graham and P. Singh. Contra: Councillors Z. Janecki, Y. Fernandes and J. Gazzola. Absent: Councillor B. Vrbanovic Balance of report — Carried. Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola "That the report of the Planning and Strategic Initiatives Committee be adopted." Questions were raised regarding Clause 5 of the Committee report, concerning the temporary measures to provide washroom facilities in Victoria Park and the use of portable trailers for special events within the Commons area. Mr. G. Hummel advised that it is proposed that portable trailers could accommodate seasonal use as well as increased demand during events. He stated that this would require sanitary and water tie-in at an estimated one-time capital cost of $8,000. He pointed out that trailer rental costs could be offset through the budget traditionally used to rent single unit porta-potties. He added that approximately $5,200. was expended last year to rent porta-potties for only two events. He noted that the total rental costs for either option is very close; however, the trailers would provide a better user experience. Mr. Hummel agreed to circulate further details comparing the cost related to renting porta-potties verses portable trailers. Ms. P. Houston clarified that a report is intended to be tabled at the May 7, 2012 Planning and Strategic Initiatives Committee, seeking direction as to the public consultation on permanent solutions for washrooms in the Park. Voted on Clause by Clause Clause 5 - Carried. Balance of report - Carried. Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola "That the report of Heritage Kitchener be adopted." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add five additional by-laws for three readings this date, being a by-law to license street vendors on City -owned lands, three zoning amending by-laws related lands on Upper Mercer Street, Lower Mercer Street, Kent Avenue and Nyberg Avenue and an amendment to the Official Plan. COUNCIL MINUTES APRIL 23, 2012 Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway - 101 - CITY OF KITCHENER "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 as to prohibit parking thereon. (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (f) Being a by-law to exempt certain lots from Part Lot Control — Part Block 1, Registered Plan 58M-372 — River Ridge Street. (g) Being a by-law to exempt certain lots from Part Lot Control — Part Block 117, Registered Plan 58M-497 — Isaiah Crescent. (h) Being a by-law to provide for the establishing and laying out of part of Inwood Drive as a public highway in the City of Kitchener. (i) Being a by-law to provide for the establishing and laying out of part of Rauch Court as a public highway in the City of Kitchener. (j) Being a by-law to provide for the establishing and layout out of part of Falconbridge Drive, Old Cottage Place, Coopershawk Street and Eaglecrest Street as public highways in the City of Kitchener. (k) Being a by-law to provide for the widening of part of Old Huron Road as a public highway in the City of Kitchener. (1) Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (m) To confirm all actions and proceedings of the Council. (n) Being a by-law to amend By-law Number 2012-023 of the Corporation of the City of Kitchener 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. (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Fusion Homes — Upper Mercer Street and Lower Mercer Street. (p) Being a by-law to adopt Amendment No. 91 to the Official Plan. (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Mennonite Central Committee (Ontario) & Waterloo Region District School Board — Kent Avenue. (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener— Erika Griffin, Eleanor Groff and Mary Victoria Groff — Nyberg Street. APRIL 23, 2012 COUNCIL MINUTES -102- CITY OF KITCHENER and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn -Graham "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 K. Galloway "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes as to prohibit parking thereon. (By-law No. 2012-046) (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2012-047) (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No 2012-048) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2012-049) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2012-050) (f) Being a by-law to exempt certain lots from Part Lot Control — Part Block 1, Registered Plan 58M-372 — River Ridge Street. (By-law No. 2012-051) (g) Being a by-law to exempt certain lots from Part Lot Control — Part Block 117, Registered Plan 58M-497 — Isaiah Crescent. (By-law No. 2012-052) (h) Being a by-law to provide for the establishing and laying out of part of Inwood Drive as a public highway in the City of Kitchener. (By-law No. 2012-053) APRIL 23, 2012 COUNCIL MINUTES -103- CITY OF KITCHENER (i) Being a by-law to provide for the establishing and laying out of part of Rauch Court as a public highway in the City of Kitchener. (By-law No. 2012-054) (j) Being a by-law to provide for the establishing and layout out of part of Falconbridge Drive, Old Cottage Place, Coopershawk Street and Eaglecrest Street as public highways in the City of Kitchener. (By-law No. 2012-055) (k) Being a by-law to provide for the widening of part of Old Huron Road as a public highway in the City of Kitchener. (By-law No. 2012-056) (1) 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. 2012-057) (m) To confirm all actions and proceedings of the Council. (By-law No. 2012-058) (n) Being a by-law to amend By-law Number 2012-023 of the Corporation of the City of Kitchener 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. 2012-059) (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Fusion Homes — Upper Mercer Street and Lower Mercer Street. (p) Being a by-law to adopt Amendment No. 91 to the Official Plan. (By-law No. 2012-060) (By-law No. 2012-061) (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Mennonite Central Committee (Ontario) & Waterloo Region District School Board — Kent Avenue. (By-law No. 2012-062) (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener— Erika Griffin, Eleanor Groff and Mary Victoria Groff — Nyberg Street. (By-law No. 2012-063) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:02 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 23, 2012 -104- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That Demolition Control Application DC12/02/W/ATP requesting permission to demolish one (1) single detached dwelling located at 65 Waterloo Street, owned by 1175109 Ontario Ltd., be approved subject to the following condition: 1) That the Applicant obtains a building permit for the proposed residential multiple dwelling; 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: In the event that construction of the new development is not substantially complete within 2 -years from the day demolition of the existing residential property is commenced, 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 DC12/03/A/MV requesting permission to demolish one (1) single detached dwelling located at 198 Avalon Place, owned by John Sajkunovic, be approved with 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: 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 Demolition Control Applications DC12/06/0/MV and DC12/07/0/MV requesting permission to demolish one (1) single detached dwelling located at 1989 Ottawa Street South, and one (1) single detached dwelling located at 2009 Ottawa Street South owned by Deerfield Homes Ltd, be approved with the following conditions: The Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2 -years from the day demolition of the existing residential property is commenced, 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; and, That as 2009 Ottawa Street South is dismantled and inventoried, where possible, parts and / or pieces of this structure be conserved / salvaged in some way so as to be incorporated into a significant feature within the subdivision; and further, That this feature provide some interpretation or background that recognizes our cultural heritage. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES APRIL 23, 2012 -105- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 4. That the Mayor and Clerk be authorized to execute a limiting distance agreement with the registered owners of 225 The Boardwalk, 295 The Boardwalk, Kitchener, along with the Corporation of the City of Waterloo; said agreement to be to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to sign on behalf of the Corporation of the City of Kitchener, any future limiting distance agreements, where deemed necessary under the Building Code and not pertaining to City of Kitchener owned lands; said agreements to be to the satisfaction of the City Solicitor. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Stanley Park Community Association for their spring family event to be held at the Stanley Park Community Centre on Saturday May 26, 2012, between the hours of 10:00 AM and 12:30 PM. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Mo Elash of Mo Music for an outdoor concert to be held in conjunction with a Slo-Pitch Baseball Tournament being held at the Peter Hallman Ballyards on Saturday May 5, 2012, between the hours of 12:00 PM and 11:00 PM and Sunday May 6, 2012, between the hours of 12:00 PM and 6:00 PM. 7. That the Ministry of Transportation and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the reconstruction and widening of Highway 8 from 1.0 km north of the Grand River Bridge southerly to Highway 401 in the City of Kitchener, Ministry of Transportation G.W.P 277-97-00. The request for the noise by-law exemption extension is only between the hours of 7:00 p.m. to 7:00 a.m. for the period anticipated from May 1, 2012 to tentatively be completed in November 30, 2012. 8. That the Uniform Traffic By-law be amended to prohibit parking at any time on both sides of Woolwich Street between Hillcrest Lane and Bridge Street West. 9. That the Pinhole Solargraphy Project, capturing 20 images of Downtown Kitchener landmarks, be endorsed; and further, That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with Nik Harron for the Pinhole Solargraphy Project, such agreement encompassing the terms set out in Chief Administrator's Office report CAO -12-016. 10. That consideration be given to the inclusion of a coloured fagade treatment for the Duke & Ontario Parking Garage; and further, That staff be directed to undertake the public consultation process, as outlined in Infrastructure Services Department report INS -12-037 and report back to a future Community and Infrastructure Services Committee meeting. 11. That the memorandum of understanding for municipal utility relocation cost sharing plan related to the Region of Waterloo's light rapid transit program, be endorsed; and further, That the Mayor and Clerk be authorized to execute a cost sharing agreement, subject to the satisfaction of the City Solicitor, with the Region of Waterloo as outlined by the memorandum of understanding for municipal utility relocation cost sharing plan related to the Region of Waterloo's light rapid transit program. 12. That Option 2 (rate based on a family swimming twice per week) be approved for the Family 3 Month Swim Pass, with the 2012 rate being readjusted to $243.75. (As Amended) COUNCIL MINUTES APRIL 23, 2012 -106- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 13. That consideration of the following recommendation regarding the proposed development of a skatepark at Southwest Optimist Park be deferred and referred to the September 10, 2012 Community and Infrastructure Services Committee meeting: "That Southwest Optimist Park be approved as skatepark location; and, That staff be directed to implement the design/construction of the Southwest Optimist Park skatepark in 2016/17, subject to consideration during Council's Capital Budget deliberations; and further, That staff be directed to consult with the Southwest Optimist Club regarding the on-site location and design of the skatepark proposed for Southwest Optimist Park." (Dealt with under Delegations and Carried, as Amended) 14. That Fischer Park be approved as a skatepark location; and further, That staff be directed to implement the design/construction of the Fischer Park skatepark in 2014/15, subject to consideration during Council's Capital Budget deliberations. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That the draft 2012 Accessibility Plan attached to Community Services Department report CSD -12-046 be approved, as the Annual Accessibility Plan for 2012 for the Corporation of the City of Kitchener in accordance with the Ontarians with Disabilities Act, 2001. 2. That in accordance with the City's Purchasing Policy, Purchase Order #201765 be extended for the amount of $219,752 plus applicable taxes to Associate Engineering, as related to engineering services provided as part of the upgrades and emergency storage to Homer Watson Sewage Pumping Station. (Carried, on a recorded vote) 3. That Walk Block 147 of Registered Plan of Subdivision 58M-451 be deemed surplus land; and, That Section 2.2 of Council Policy Resolution No. 1-1074 establish the land valuation for Walk Block 147; and, That the Mayor and Clerk be authorized to execute the Purchase and Sale Agreements for Walk Block 147 to the satisfaction of the City Solicitor; and further, That Legal Services be authorized to prepare a By-law to close Walk Block 147. 4. That the Mayor and Clerk, be authorized to sign an agreement, satisfactory to the City Solicitor with Draeger Safety Canada Limited regarding the purchase and maintenance of Draeger PSS 7000 Self Contained Breathing Apparatus (SCBA) equipment. 5. That the licence fee for the First People's Festival on September 30, 2012 taking place at the Waterloo Region Museum be reduced to $48.20. 6. That the request of Les Halat to operate two hot dog carts at 273 Stoke Drive and 112 Wexford Crescent during the annual Community Garage Sale on May 5, 2012, be approved, provided the necessary licence is obtained including Health and Fire approvals. 7. That the request of Zbigniew Wilk to operate a hot dog cart at 106 Stoke Drive during the annual Community Garage Sale on May 5, 2012, be approved, provided the necessary licence is obtained including Health and Fire approvals. APRIL 23, 2012 COUNCIL MINUTES -107- REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) CITY OF KITCHENER 8. That the closure of a portion of Westheights Drive being Parts 1 and 2, Plan 58R-6509, City of Kitchener, Regional Municipality of Waterloo, attached as Schedule "A" to Finance and Corporate Services Department report FCS -12-056, be approved in principle, and that Legal Services be instructed to proceed with the preparation and advertising of a by-law to close and convey that part of Westheights Drive, subject to the following conditions: 1. That the portion of Westheights Drive to be closed, described as Part of Westheights Drive part of a 13' road widening, R.P. 864, and part of Lot 38, German Company Tract, being Parts 1 and 2 on Plan 58R-6509, in the City of Kitchener be declared surplus to the City's needs for the purpose of conveying any necessary easements to outside utility agencies and the conveyance of the closed portion to the owner of the adjacent lands located at 42 West Acres Crescent. 2. That the Agreement of Purchase and Sale executed by the Purchaser, being the registered owner of the adjacent lands located at 42 West Acres Crescent, in the amount of $112,000.00, representing fair market value be accepted by the City of Kitchener. 3. That the Purchaser be responsible for all costs associated with the closure of that portion of Westheights Drive, including, but not limited to, any necessary reference plans, appraisals, advertising, by-law registration, easement registrations, all Registry Office fees and disbursements, and the Legal Services administration fee; said costs, committed to in the Agreement of Purchase and Sale by the Purchaser, with advance payment made by the Purchaser to be adjusted once actual costs are known as part of the real estate transaction. 4. That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to convey the closed portion of road. 9. That consideration of the matter brought forward by the Waterloo Region Labour Council and the Waterloo Region Food System Roundtable regarding the Comprehensive Economic and Trade Agreement (CETA), be deferred to the May 7, 2012 Finance and Corporate Services Committee meeting, to allow staff an opportunity to investigate potential implications to the City pending the approval of the CETA, as well as an opportunity to seek feedback from Council's representative on the Federation of Canadian Municipalities: 10. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bobby O'Brien's, 125 King Street West, for each Wednesday evening between the hours of 8:00 P.M. and 11:00 P.M., from April 18 to October 10, 2012, for a Blues band, playing on their patio area; and further, That this exemption be subject to the establishment ensuring active participation with the City's By-law Enforcement Division to respond to potential noise concerns that may be forthcoming throughout the duration of the exemption. 11. That Condition #13 of the agreement between the City and 1337059 Ontario Ltd. (herein referred to as the "Applicant") be amended to remove the requirement that all tables and chairs on the outdoor patio shall be of a plastic or resin composition; and, That Condition #6 of the agreement between the City and the applicant to allow service on the patio until 1:30 a.m. daily provided all signs of service are removed and all beverages and clients are cleared from the outdoor patio by 1:45 am daily; and, That the Mayor and Clerk be authorized to execute an amending agreement with the applicant to amend Conditions #6 and #13 as set out above; and, COUNCIL MINUTES APRIL 23, 2012 -108- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 11. (Cont'd) That staff be directed to advise the Alcohol and Gaming Commission of Ontario (AGCO) if any condition is amended in accordance with Council's direction herein and, if so, that the City has no concerns with any corresponding condition on the liquor licence for 1337059 Ontario Ltd. being amended accordingly; and further, That Council will not agree to amend the applicant's agreement to allow signs of service to remain on the patio or beverages and clients to remain on the patio until 2:30 am daily and that the City will object to any amendment of the liquor licence conditions to allow for this and will request the AGCO to deny this request or hold a hearing in which the City will object if the applicant pursues this. 12. That By-law 2012-023 (Street Vendors) be amended to add an additional location at 45 Woodside Avenue, Kitchener. 13. That staff be directed, as part of the April 2012 variance report, to identify key financial indicators related to areas of budget volatility which could form the basis of a monthly update to Council to supplement the three annual variance reports presently provided; and, That consideration be given specifically to developing indicators related to winter maintenance, natural gas consumption, golf rounds, parking and turf maintenance as part of this review; and further, That staff identify the resources required to provide these updates to Council as part of the report. (Carried, on a recorded vote) PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That Zone Change Application ZC12/01/U/KA for Fusion Homes, 82-92 Upper Mercer Street and 10-54 Lower Mercer Street, requesting a change from Residential Four Zone (R-4) and Residential Six Zone (R-6) with Special Regulation Provisions, Special Use Provisions and Property Detail Schedules to Residential Four Zone (R-4) and Residential Six Zone (R-6) with amended Special Regulation Provisions, Special Use Provisions, and amended Property Detail Schedules be approved in the form shown in the "Proposed By-law" dated March 19, 2012, attached to Community Services Department report CSD -12-050 as Appendix "A". 2. That Official Plan Amendment Application OP11/03/K/KA for Mennonite Central Committee at 50 and 56 Kent Avenue requesting a change in designation from Community Institutional with Special Policy 3 to Community Institutional with revised Special Policy 3 to permit offices, a financial establishment, warehousing and retail accessory to a social service establishment to be permitted in a new building on the parcel of land specified and illustrated as the `Area of Amendment' on Schedule A, be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD -12-047 as Appendix "B", and accordingly, forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC11/12/K/KA Mennonite Central Committee at 50 and 56 Kent Avenue requesting a change from Community Institutional Zone (1-2) with Special Regulation Provisions 1 R and Community Institutional Zone (1-2) with Special Regulation Provision 1 R and Special Use Provision 154U to Community Institutional Zone (1-2) with Special Regulation Provisions 1 R and 602R, Special Use Provision 154U, and Holding Provision 64H on the parcel of land specified and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By-law" dated March 9, 2012, attached to Community Services Department report CSD -12-047 as Appendix "A". COUNCIL MINUTES APRIL 23, 2012 _109- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) 3. That Demolition Control Application DC12/08/K/ATP requesting permission to demolish one (1) single detached dwelling located at 56 Kent Avenue, owned by Mennonite Central Committee Ontario, be approved without conditions. 4. That Zone Change Application ZC12/05/N/KA for Griffin, Groff and Groff at 405-409 Nyberg Street requesting a change from Existing Use Zone (E-1) to Existing Use Zone (E-1) with Special Use Provision 420U on the parcel of land specified and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By-law" dated March 12, 2012, attached to Community Services Department report CSD -12-049 as Appendix "A". 5. That staff implement the solutions outlined in Options 1 & 2 of the "Potential Solutions for Washroom Access" section of Infrastructure Services Department report INS -12-023 for 2012- 2013, to provide that existing seasonal washrooms will operate year round and portable trailers be installed during special events within Victoria Park Commons; and, That the public washrooms at the Victoria Park Lake Boathouse continue to operate as existing now with a closing time to be pre -determined (approximately 7:00 p.m.); and, That staff report back on the option of having a permanent unisex washroom on the northeast side of the Victoria Park Lake Boathouse, together with various alternative options that can be considered in a comprehensive manner, with determination as to the need for public consultation to be considered at that time; and further, That the portable trailers to be used in the Park during mid-June to mid-September be disconnected and removed between special events where feasible and at the discretion of staff. HERITAGE KITCHENER — 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2012-IV-005 be approved, to permit the alteration of the property municipally addressed 25 Joseph Street (35 David Street), in accordance with the plans submitted with the application, subject to the following condition: That the final building permit drawings be submitted and approved by Heritage Planning staff prior to the issuance of a building permit. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2012-V-004 be approved to permit the demolition of the accessory building at 188 Queen Street North in accordance with the plans and supporting information submitted with the application. 3. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2012-IV-006 be approved to permit the replacement of fascia board at the property municipally addressed as 379 Glasgow Street in accordance with the supporting information submitted with the application. 4. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property known as 214 Queen Street South (York Apartments), as being of cultural heritage value and interest, in accordance with the Statement of Significance attached to Community Services Department report CSD -12-044. 5. That pursuant to Section 27 of the Ontario Heritage Act, part of the property municipally addressed as 324 Old Huron Road, being Lot 7, Draft Plan of Subdivision 30T-11202, be listed on the Municipal Heritage Register as a non -designated property of cultural heritage value or interest in accordance with the Statement of Significance attached as Appendix "A" to Community Services Department report CSD -12-055. COUNCIL MINUTES APRIL 23, 2012 _110- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. FCS -12-063 - Committee of Adjustment Recommendations — Various Council considered Finance and Corporate Services Department report FCS -12-063 (D. Saunderson), dated April 2, 2012. Item B.2 ii regarding Fence Variance Application, Submission No. FN — 2012-002 (289 Overlea Drive) was dealt with under Delegations. It was resolved: "That the application of PS Canada Company ULC (SG 2012-002 — 409 Weber Street West) requesting permission to erect a ground supported sign having a distance of 12.1 m (39.7') from another ground supported sign, whereas the By-law requires a distance separation of 50m (164.04'), on Part Lot 8, Plan 373, Part Lot E, Plan 386, Part Lot 28 of Subdivision Lot 15, German Company Tract, Part Lot 24, Subdivision of Lot 4, German Company Tract, Part Lot 1, Subdivision of Lot 4, German Company Tract, Part Lot 15, Subdivision of Lot 15, German Company Tract, being Part 1, Reference Plan 58R-5554, save and except Part 1, Reference Plan 58R-6654, Part 1, Reference Plan 58R-7835 and Part 1, Reference Plan 58R-15601, 409 Weber Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener for the proposed sign." 3. FCS -12-057 — Uncollectable Miscellaneous Receivable Accounts Write-off Council considered Finance and Corporate Services Department report FCS -12-057 (S. Saleh), dated March 5, 2012. It was resolved: "That uncollectible Miscellaneous Receivable Accounts, amounting to $14,939 be written off against the Allowance for Doubtful Receivables." 4. FCS -12-058 — Uncollectable Utility Accounts Write-off Council considered Finance and Corporate Services Department report FCS -12-058 (S. Saleh), dated March 5, 2012. Councillor P. Singh declared a pecuniary interest and abstained from all discussion and voting concerning Item 98 of the `Uncollectable List' dated December 2011, as the customers were tenants of properties owned by members of his family. It was resolved: "That uncollectible Utility Account 110088667 (Item 98) amounting to $137.53. be written off against the Allowance for Doubtful Utility Receivables." APRIL 23, 2012 COUNCIL MINUTES -111 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 4. FCS -12-058 — Uncollectable Utility Accounts Write-off (Cont'd) It was resolved: "That uncollectible Utility Accounts, amounting to $39,568.47 be written off against the Allowance for Doubtful Utility Receivables." 5. FCS -12-068 — Cross Border Agreement — Gateway / Sportsworld Area Council considered Finance and Corporate Services Department report FCS -12-068 (L. MacDonald), dated April 5, 2012. It was resolved: "That the Mayor and Clerk be authorized to enter into a Cross Border Agreement with the City of Cambridge, documenting the existing relationship with respect to lands in the Gateway/Sportsworld Area, substantially in the form of agreement attached hereto as Appendix "A" and to the satisfaction of the City Solicitor." 6. CAO -12-017 — Land Sale — 83 Elmsdale Drive Dealt with under Delegations. 7. FCS -12-072 — Land Exchange — Otto Street Extension Council considered Finance and Corporate Services Department report FCS -12-072 (S. Ross), dated April 5, 2012. It was resolved: "That the lands described as part of Lot 5, J.O. Fleischhauer's Survey, Registered Plan 70 and identified on Appendix "B" attached hereto, be declared surplus to the City's needs -,and, That the Mayor and Clerk be authorized to execute an agreement to the satisfaction of the City Solicitor, to exchange land adjacent to Otto Street with the Her Majesty the Queen in the Right of Canada (Canada Revenue Agency), described as part of Lot 6, J.O. Fleischhauer's Survey, Registered Plan 70 and identified on Appendix "A" attached hereto, for lands described as part of Lot 5, J.O. Fleischhauer's Survey, Registered Plan 70 and identified on Appendix "B" attached hereto for no consideration; and, That the City be responsible for all costs in connection with this land exchange including repaving, landscaping, legal, survey, Registry Office fees and disbursements; and further, That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to complete the land exchange." 8. Settlement of Litigation — Spadina Road The following resolution arose from in -camera discussion this date. It was resolved: "That the City Solicitor execute the necessary court documents to settle Court File Number C-1165-11 in accordance with the direction received in camera on April 23, 2012." APRIL 23, 2012 COUNCIL MINUTES -112- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 9. FCS -12-087 — Authorization to Execute Agreement — The Urban Environment Centre (Toronto) — Kitchener Utilities — Energy Efficient Initiative Council considered this date Finance and Corporate Services Department report FCS - 12 -087 (L. MacDonald), dated April 20, 2012. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with The Urban Environment Centre (Toronto) pertaining to Kitchener Utilities' involvement in an energy efficient initiative known as the Home Assistance Program; said agreement is to be to the satisfaction of the City Solicitor."