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HomeMy WebLinkAboutCouncil - 2012-05-14COUNCIL MINUTES MAY 14, 2012 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Crystal borscht, King School of Vocal. On motion by Councillor D. Glenn-Graham the minutes of the regular meeting held April 23, 2012 and special meetings held April 23 and May 7, 2012, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Messrs. Mark Kreller, Executive Director, and Vic Degutis, President, Kitchener-Waterloo Oktoberfest, as well as Ms. Meghan Hennessey, Miss Oktoberfest 2010 and Onkel Hans, were in attendance to provide an update on the success of Oktoberfest 2011 as well as outlining the future vision for the Festival. It was noted that K-W Oktoberfest is the third most recognizable community festival in Canada, just behind the Calgary Stampede and the Quebec Winter Carnival. Mr. Kreller advised that moving forward it will be important to build upon that brand recognition and have symbols of Oktoberfest visible around the City throughout the year. He added that the Festival's Board of Directors is undertaking the development of a new vision for Oktoberfest, mapping out strategies to ensure its continued success to the year 2020. Mr. Mike Morrice, Executive Director, Sustainable Waterloo, presented an overview of the organization's 2011 Annual Report, entitled "Celebrating People of Action". Sustainable Waterloo is a not-for-profit organization whose mandate is to advance the environmental sustainability of organizations across Waterloo Region by facilitating collaborative dialogue, measuring actions and celebrating impacts. Their current focus is on the Regional Carbon Initiative (RCI) which facilitates voluntary target-setting and reductions of carbon emissions by organizations across Waterloo Region. Highlights of the annual report included: increasing RCI membership from 29 to 41; 42,550 tonnes in total Green House Gas (GHG) reduction commitments; and, 55% of returning members have created an action plan to reduce emissions in at least one part of their organizations. In response to questions, Mr. Morrice advised that the role of Sustainable Waterloo is to give organizations the means of benchmarking where they are currently and then facilitate the collaborative implementation of plans for that organization to reduce its carbon emissions. He stated that with respect to restaurants and cafes, this would include outlining possible local sustainable food options. He added that when engaging a business, they highlight the cost savings and / or profits that can be made through undertaking various environmental initiatives. Fire Chief T. Beckett addressed Council, advising that, as the Ontario Association of Fire Chiefs (OAFC) President, he recently presented the President's Award to the City of Kitchener, for allowing him to serve as the Association's President for the past two years. Mayor C. Zehr accepted the award on behalf of the City, and expressed Council's appreciation for the work undertaken by Chief Beckett through his participation in the OAFC. Mayor C. Zehr advised that notice was given to extend opportunity to any interested persons to speak for or against a by-law to close and sell Walk Block 147, Registered Plan 58M-451, listed as Items 10 (d) and 13 (d) on the Council agenda this date. No one in attendance at this meeting came forward to speak to this matter. Mr. A. Roeseler addressed Council regarding Chapter 711 (Burning -Fires -Open Air) of the Municipal Code. He advised that he is a resident of Gerald Avenue and expressed concerns regarding his neighbour's continual use of the wood burning stove in his garage /workshop. He indicated that this neighbour owns a construction company and appears to be using the stove as a means of incinerating materials from his work sites including treated wood. He stated that the stove was installed approximately ten months ago and since that time, his family has not been able to enjoy their yard or open a window due to the harmful smoke being emitted from it. He questioned why the regulations governing the smoke released from aself-contained stove are different from those for an open fire pit. He requested that the City implement a ban on the use of wood burning stoves in garages and workshops located in closely populated areas. He submitted a copy of a petition signed by eight of the twelve residents who live in this area as well as an outline of the times and duration of when the stove is being used. COUNCIL MINUTES MAY 14, 2012 - 116 - CITY OF KITCHENER Councillor D. Glenn-Graham indicated that currently Municipal Code Chapter 711 requires a fire to be setback 15 meters from a property line and asked that instead of a ban if the delegation would be amenable to this being changed to a 50 meter setback. Mr. Roeseler confirmed that increasing the setback would mitigate the issues he is having with his neighbour, but it would not address the bigger environmental issues; such as, his neighbour burning pressure treated wood from construction sites continually for 12 hours. He acknowledged that people should occasionally be allowed to have an open pit fire; however, his neighbour is essentially using the stove as an incinerator. He noted that it is not an issue of fire safety, rather the toxicity of the smoke being released. Accordingly, it would be his preference to have a ban on the fires within workshops in residential areas. Chief T. Beckett advised that Fires Services is aware of this situation and have inspected the subject stove, and determined that it was installed in accordance with the regulations set out by the Ontario Fire Code. He stated that Municipal Code Chapter 711 (Burning -Fires -Open Air) pertains to open air burning, being any burning taking place outside of a building. He added that as the stove is contained within a garage and therefore, this Chapter of the Municipal Code does not apply. He noted the use of this stove is no different than someone using a fireplace inside their home. He indicated there does not appear to be a mechanism within the Fire Code that can be used to mitigate this situation. He added that it might be possible to pursue some sort of action through the Environmental Protection Act given the associated air quality concerns. He pointed out that changing the Open Air Burning By-law would not address this situation and suggested staff could explore other possible avenues prior to the City undertaking any amendments to its by-laws. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that it was her understanding that the Ontario Ministry of the Environment (MOE) does not respond to these types of complaints. She noted that it has been some time since a matter like this was raised in Kitchener and she would be willing to contact the MOE to determine what their current procedures are for handling these kinds of situations. She confirmed that the MOE might be willing to permit the City to pursue charges through Environmental Protection Act; however, additional research would need to be conducted into those regulations. Councillor J. Gazzola advised that he visited Mr. Roeseler's home and witnessed the smoke being released from his neighbour's stove. He confirmed that the smoke has an adverse affect on the surrounding area and asked that staff examine this issue to determine what can be done to alleviate this situation prior to the summer months. Mayor C. Zehr advised that staff would examine this matter to determine a possible solution, and informed the delegation that he would be contacted by the Kitchener Fire Department following that investigation. Mr. Jack Pigeau attended in support of Committee of Adjustment recommendation to permit the construction of a wooden fence at a height of 1.8 m in the front yard of 207 Kenneth Avenue, listed as Item B.2 on the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor B. loannidis That the application of Angela and Michael Arand (FN 2012-003 - 207 Kenneth Avenue) requesting permission to erect a wooden fence located in the front yard, having a height of 1.8m (5.9') rather than the permitted height of 0.9m (2.95'), as per the plans submitted with the application, on the property municipally addressed as 207 Kenneth Avenue, Kitchener, Ontario, BE APPROVED. Carried. Mr. Brian Swainson addressed Council in support of the sale of surplus lands on Melvern Court, listed as Clause 10 on the Finance and Corporate Services Committee report. He advised that the land is narrow and while not a walkway, it is being used as such by a few residents in the area. He explained that when the subdivision was originally planned, the land was to be a street, but it now goes nowhere. He added that some of the properties located on Coventry Drive have gates installed to allow the residents access to the land. In response to questions, Mr. Swainson advised that the subject parcel does contain a storm catch basin and confirmed that a condition of sale would be entering into an Easement Agreement with the COUNCIL MINUTES MAY 14, 2012 - 117 - CITY OF KITCHENER City. He noted the Agreement would prohibit both he and his neighbour from building anything of the parcel of land; thereby ensuring the City has continued access to its infrastructure located on that property. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That Clause 10 of the Finance and Corporate Services Committee report be adopted." Carried. Mr. Harald Drewitz addressed Council regarding the 2013 Budget process, listed as Clause 11 on the Finance and Corporate Services Committee report. He commented that the City should review several of its policies, as a means of finding efficiencies; such as, those related to vehicle replacement. He suggested that the target for the 2013 Budget submission should be no higher than 3.04%, which would include property taxes, water and stormwater management rates. In response to questions, Mr. Drewitz expressed concerns that the City has yet to move forward with implementing its public engagement on the 2013 Budget, and noted support for the option to develop representative survey questions. Mr. D. Chapman, Deputy CAO -Finance and Corporate Services, advised that staff are already pursuing several of the public engagement options, advising that it is anticipated that the 2013 Budget website would be up by the end of May 2012. At the request of Councillor B. Vrbanovic, he agreed to post a copy of the staff report and presentation that were given on the Budget at the May 7, 2012 Finance and Corporate Services Committee meeting on that website. He confirmed that it is staffs' intent to report back on the public engagement options in August 2012. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That Clause 11 of the Finance and Corporate Services Committee report be adopted." Carried. Ms. Catherine Brohman, Hospice of Waterloo Region, attended in support of the application for cancellation, refund and reduction of taxes, listed as Item B.5 on the Committee of the Whole agenda. In response to questions, Mr. Chapman clarified that those items categorized under the gross or manifest clerical /factual errors relate to when the Municipal Property Assessment Corporation (MPAC) originally assessed properties in a particular plan of subdivision. He indicated in this instance, MPAC had assumed that services were in place for the entire year, but that was not the case; thereby necessitating the need for the tax refund. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey "That the applications to City Council for cancellation, reduction, refund of taxes totaling $1,085,289.49 as attached to Finance and Corporate Services Department report FCS-12-097, be approved, pursuant to Section 357 of the Municipal Act." Carried Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mayor Zehr noted that Tender T12-048 -Victoria Park Boathouse Site Development, as outlined in Finance and Corporate Services Department report FCS-12-099 (L. Gordon), had been circulated for Council's consideration this date. Questions were raised regarding the timing for the interior and exterior work proposed for the Victoria Park Boathouse. Ms. P. Houston, Deputy CAO -Infrastructure Services, confirmed that the exterior work is expected to be completed by June 2012, which includes the pathway along the edge of the COUNCIL MINUTES MAY 14, 2012 - 118 - CITY OF KITCHENER lake and the gates to enclose the Boathouse patio. Mr. R. Regier, Executive Director, Economic Development, advised that timing for the interior renovations is subject to the finalization of the lease, which staff anticipates bringing forward for consideration to the May 28, 2012 special Council meeting. Clarification was requested as to the staff costs that have been expended to date on this project and Ms. Houston estimated that figure to be approximately $6,000. At the request of Councillor Y. Fernandes, staff agreed to circulate further information to Council on the projected remaining staff and capital costs related to Victoria Park Boathouse Site Development. Moved by Councillor K. Galloway Seconded by Councillor F. Etherington "That Tender T12-044 -One (1)All-Terrain Four-Wheel Drive Articulating Sidewalk Sweeper, be awarded to The Equipment Specialist Inc., Hamilton, Ontario, at their tendered price of $106,875., plus H.S.T. of $13,893.75, for a total of $120,768.75." - and - "That Expression of Interest E12-043 -Consultant Services -Blueprinting to Determine Scope and Budget for Implementation of an SAP Customer Relationship & Billing Solution, be awarded to Sparta Consulting Inc., Folsom, California at their estimated fee of $200,000., plus H.S.T. of $26,000., for a total of $226,000., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T12-048 -Victoria Park Boathouse Site Development, be awarded to 2220742 Ontario Ltd. (o/a Bronte Landscape and Construction), Milton, Ontario at their tendered price of $265,206.50, including provisional items and contingencies of $50,000., plus H.S.T. of $34,476.84, for a total of $299,683.34; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That the report of the Community & Infrastructure Services Committee be adopted." Councillor K. Galloway commented that given the wide scope of work that would be undertaken through the Multi-use Pathways and Trail Master Plan, listed as Clause 7 of the Committee report, it might be preferable to establish an advisory committee to oversee its implementation. A motion by Councillor B. loannidis, seconded by Councillor D. Glenn-Graham, was brought forward for consideration to revised the Multi-use Pathways and Trail Master Plan to include a trail link immediately north of the Canadian National Railway (CNR) main line from the Iron Horse Trail to Weber Street. Mr. J. Willmer, Deputy CAO -Community Services, clarified that the Master Plan was draft prior to the Region of Waterloo announcing the location of their multi-modal transit system, which the additional community trail proposed by Councillor B. loannidis would link too. He advised that staff are supportive of the proposed amendment and indicated that it is an appropriate revision to the Master Plan. He confirmed that while the lands identified for the proposed trail are currently in private ownership, a number of those properties are anticipated to be re-developed over the next ten years. Accordingly, there would be an opportunity for the City to acquire the lands necessary for this trail through the re-development process. COUNCIL MINUTES MAY 14, 2012 - 119 - CITY OF KITCHENER Councillor B. loannidis' amendment was then voted on and was Carried. Councillor F. Etherington reiterated the concerns he expressed at the Committee meeting regarding the use of Woodside Park for the Corporate Sponsorship Strategy pilot project, as outlined in Paragraph 1 of Clause 8 of the Committee report. He noted that this particularly relates to the diminishing level of support by area residents for those sports fields. Councillor J. Gazzola indicated that while he was supportive of proceeding with the proposed pilot project, he was in opposition to Paragraph 2 of Clause 8 giving direction for staff to move forward with the development of the Corporate Sponsorship Strategy. He suggested such direction should not be given until the results of the pilot project are known. The Community and Infrastructure Services Committee report was then voted on clause by clause. Clause 7 -Carried, as Amended. Clause 8, Paragraph 1 -Carried Unanimously. Clause 8, Paragraph 2 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway, F. Etherington, B. loannidis, Z. Janecki and B. Vrbanovic. Contra: Councillors Y. Fernandes, D. Glenn- Graham and J. Gazzola. 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." Concerning Clause 6 of the Committee report, Councillor J. Gazzola requested that follow-up information be provided to Council as to the outcome of the negotiations between Canada and the European Union on the Comprehensive Economic and Trade Agreement (CETA). Clause 10 - Dealt with under Delegations and Carried. Clause 11 - Dealt with under Delegations and Carried. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." At the request of Councillor Y. Fernandes, it was agreed to amend Clause 2 of the Committee report to direct staff to strike the following sentence from Infrastructure Services Department report INS-12- 002 (dated May 2, 2012), as it incorrectly indicates that Phase 4 (mandatory 30-day review period) of the Class Environmental Assessment (EA) process has been completed: "Phases 1 to 4 of the 5-phase Class EA process have been completed, including mandatory public consultation from government agencies, interested and affected parties, and the general public. " The Planning & Strategic Initiatives Committee report was then voted on Clause by Clause. COUNCIL MINUTES MAY 14, 2012 - 120 - CITY OF KITCHENER Clause 2 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway, F. Etherington, B. loannidis, Z. Janecki B. Vrbanovic, D. Glenn-Graham and J. Gazzola. Contra: Councillor Y. Fernandes. Balance of report -Carried. On motion by Councillor Z. Janecki, seconded by Councillor Y Fernandes, the Heritage Kitchener report of this date was brought forward for consideration, along with two matters arising from the May 1, 2012 Heritage Kitchener meeting related to a Heritage Permit Application for 279 Glasgow Street, and Guidelines for the Installation of Solar Technology on Cultural Heritage Resources. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of Heritage Kitchener, as revised this date, be adopted." Carried. Councillor Y. Fernandes advised that she wished to introduce a motion to direct staff to work with the contractor of the Doon South Community Trail, on a without prejudice basis, to identify the planned construction approach and determine if the section of trail behind Knox Court and Pine Valley Drive (from Knox Court to Tilt Drive) could be scheduled in a way to allow the City to address the concerns of area residents, subject to there not being any negative impacts on the overall trail construction schedule or additional costs for the project. She requested that the requirements for giving Notice of Motion be waived. Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to a motion directing staff to work with the contractor of the Doon South Community Trail, on a without prejudice basis." Carried, on a recorded vote with required 2/3 majority. In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway, F. Etherington, Y. Fernandes, D. Glenn- Graham, J. Gazzola, Z. Janecki and B. Vrbanovic. Contra: Councillor B. loannidis. In response to questions, Ms. P. Houston advised that work on this section of the Doon South Community Trail was scheduled to begin on May 15, 2012. She requested that the scope of work that staff would be requested to undertake be defined, noting that Council approval would be required to change the trail alignment. She added that if direction is given to proceed with such a change, then notice would need to be given to the newly affected residents. Councillor Fernandes advised that in her estimation, it should take approximately two weeks to go over the concerns being raised by the residents of Knox Court and it was suggested that this matter could come forward to the May 28, 2012 special Council meeting. She commented that the scope of the work staff and the contractor would be requested to undertake would depend on the outcome of her and Councillor Galloway's discussions with area residents. Councillor K. Galloway indicated that this matter was only recently brought to her attention and time is needed to review the materials previously circulated on the Doon South Community Trail as well as speaking with the affected residents. She noted that the proposal recognizes the fact that it might not COUNCIL MINUTES MAY 14, 2012 - 121 - CITY OF KITCHENER be possible to change the construction schedule, adding that the two week delay is being requested to allow an opportunity for further dialogue on this matter. She noted that the proposed delay would only impact one portion of the trail and hopefully the contractor would be able to move forward with another section while this issue is being investigated. Councillor F. Etherington spoke in opposition to delaying the scheduled trail construction. He commented that this is a situation where a group of residents do not want a trail running through their backyards, adding that it is unlikely that their position would change over the next two weeks. Several members spoke to a need to ensure that unless it is determined that the construction schedule cannot be changed, the trail should proceed as contracted without further direction from Council. Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway "That staff be directed to work with the contractor of the Doon South Community Trail, on a without prejudice basis, to identify the planned construction approach and determine if the section of trail behind Knox Court and Pine Valley Drive (from Knox Court to Tilt Drive) could be scheduled in a way to allow the City to address the concerns of area residents, subject to there not being any negative impacts on the overall trail construction schedule or additional costs for the project; and further, That staff be directed to report back on this matter to the May 28, 2012 special Council meeting, unless it is determined that the construction schedule cannot be changed due to the aforementioned negative impacts, then the trail construction should proceed as contracted without further direction from Council." Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, P. Singh, K. Galloway, Y. Fernandes, D. Glenn-Graham, J. Gazzola, Z. Janecki and B. Vrbanovic. Contra: Councillors F. Etherington and S. Davey. Council agreed to the request of Mr. R. Gosse, City Clerk, to add an additional by-law for three readings this date, being a by-law to set and levy the rates of taxation for City purposes for the year 2012 and to provide for the payment of taxes after interim taxes. Moved by Councillor B. loannidis Seconded by Councillor P. Singh "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 prohibit unauthorized parking of motor vehicles on private property. (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 close and sell Walk Block 147, Registered Plan 58M-451 in the City of Kitchener. (e) Being a by-law to amend By-law Number 2002-164 of The Corporation of the City of Kitchener being a by-law to delegate certain authority under the Planning and Condominium Acts. COUNCIL MINUTES MAY 14, 2012 - 122 - CITY OF KITCHENER (f) Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (g) Being a by-law to provide for the widening of part of Old Huron Road as a public highway in the City of Kitchener. (h) Being a by-law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to set and levy the rates of taxation for City purposes for the year 2012 and to provide for the payment of taxes after interim taxes. 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 D. Glenn-Graham as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor D. Glenn-Graham Seconded by Councillor S. Davey "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 B. loannidis Seconded by Councillor P. Singh "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-171, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2012-065) (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. 2012-066) (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 2012-067) (d) Being a by-law to close and sell Walk Block 147, Registered Plan 58M-451 in the City of Kitchener. (By-law No. 2012-068) (e) Being a by-law to amend By-law Number 2002-164 of The Corporation of the City of Kitchener being a by-law to delegate certain authority under the Planning and Condominium Acts. (By-law No. 2012-069) COUNCIL MINUTES MAY 14, 2012 - 123 - CITY OF KITCHENER (f) Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (By-law No. 2012-070) (g) 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. 2012-071) (h) Being a by-law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener. (By-law No. 2012-072) (i) To confirm all actions and proceedings of the Council. (By-law No. 2012-073) (j) Being a by-law to set and levy the rates of taxation for City purposes for the year 2012 and to provide for the payment of taxes after interim taxes. (By-law No. 2012-074) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:22 p.m. MAYOR CLERK COUNCIL MINUTES MAY 14, 2012 - 124 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That Demolition Control Application DC12/09/I/MV requesting permission to demolish one (1) single detached dwelling located at 19 Inverness Drive, owned by Dr. Kara McGlynn, be approved with the following condition: 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 two 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. That Demolition Control Application DC12/10/F/MV requesting permission to demolish one (1) single detached dwelling located at 709 Frederick St, owned by S. O'Neill, be approved with the following condition: 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 two 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. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Calvary Memorial United Church on Saturday June 23, 2012, between the hours of 1 P.M. and 4 P.M., for their Annual Strawberry Social. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Holy Trinity Serbian Orthodox Church at 700 Fischer Hallman Road, for their annual festival on July 28 and 29, 2012 from 12:00 p.m. to 11:00 p.m. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Chandler Mowat Neighbourhood Association, Country Hills Recreation Association and the Alpine Neighbourhood Association for an outdoor cinema event to be held at McLennan Park on Saturday June 2, 2012, between the hours of 8:00 PM and 11:00 PM. 6. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be approved for the events listed on Schedule `A' of Community Services Department report CS D-12-080. 7. That the Multi-use Pathways and Trails Master Plan (March 2012), be approved, with revisions to show a link immediately north of the Canadian National Railway (CNR) main line from the Iron Horse Trail to Weber Street, as follows: • as a `Desired Connection Across Lands Currently in Private Ownership -Primary (Type 1)' on Figure 4-1 (Multi-Use Pathway Network) and EX-1 (Multi-Use Pathway Network); • as a `Proposed Link' on Figure 4-9 (Proposed Links in the Multi-use Pathway Network not included in the Cycling Master Plan); • as a `Proposed Multi-Use Pathway Outside of Road Right of Way (ROW)' in YEARS 10+ on Figure 5-1 (Multi-Use Pathway Phasing); and, COUNCIL MINUTES MAY 14, 2012 - 125 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) That the implementation of the Multi-use Pathways and Trails Master Plan recommendations be referred for consideration to the 2013 Capital and Operating budget processes; and, That staff be directed to provide an annual update on the implementation of the Multi-use Pathways and Trails Master Plan starting in 2014; and further, That staff be directed to report back on the potential implementation of adopt-a-pathway and/or trail ambassador programs. (Carried Unanimously, as Amended, on a recorded vote) That staff be directed to proceed with a sponsorship pilot project at Woodside Park (Step 1, Pilot Project) as outlined in Community Services Department report CSD-12-058; and further, That staff be directed to proceed with the development of a corporate sponsorship strategy (Step 2, Strategy Development), as outlined in Report CSD-12-058. (Carried on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the following applicants be appointed to the Grand River Accessibility Advisory Committee (GRAAC) fora 3-year term ending December 31, 2015, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley and Township of Woolwich: Amanda Moorhead New Stephannie Leac New That the licence fee for the Heart and Hand Festival on September 22, 2012 taking place at the Joseph Schneider Haus be reduced to $48.20. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor licence for The Guanaquita Restaurant located at 273 King Street West, Upper Floor, applied for by Irma P. Donan (herein referred to as the "Applicant" and further That the Mayor and Clerk be authorized to enter into an agreement with the applicant should she be willing wherein the applicant agrees to abide by the following conditions and to request she be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee and attend its meetings; 3. to abide by a set 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 40% of gross refreshment sales; 4. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a.m. daily; COUNCIL MINUTES MAY 14, 2012 - 126 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). That in conjunction with the K-W Multicultural Festival and its associated activities, the period June 23 to July 1 inclusive, be declared a Civic Celebration, and further; That the K-W Multicultural Festival be granted a Temporary Retail Market Licence, provided that the necessary licence, including Health and Fire approvals, is obtained. That the Mayor and Clerk be authorized to execute a collaborative data collection and research agreement satisfactory to the City Solicitor with Wilfrid Laurier University and such other parties as participate in the arrangement, and further, That the Director of Economic Development be authorized to exercise the City's authorities and powers of consent under the agreement. Whereas the Government of Canada and the European Union have been negotiating a trade agreement known as the Comprehensive Economic and Trade Agreement (CETA); And whereas the Canada-European Union relationship holds great potential for growing Canada's trade and collective prosperity; And whereas the Council of the City of Kitchener has been made aware that some members of the community have concern regarding the impact of CETA negotiations currently underway between Canada and the European Union; And whereas the City of Kitchener supports the guiding principles as set out by the Federation of Canadian Municipalities (FCM) and endorsed by the Association of Municipalities of Ontario (AMO); Be it resolved that the City of Kitchener requests the Federal Government and the Province of Ontario to continue to ensure that the municipal sectors' interests are represented in the ongoing negotiations; and That the federal government's negotiations ensure that the FCM guiding principles will be fully reflected in any trade agreement reached between Canada and the European Union; and That the federal and Ontario governments provide FCM and AMO with regular, detailed updates on the status of the European Union trade negotiations to the fullest extent possible And further this resolution be forwarded to the Minister of International Trade; local MPs, the Premier of Ontario, local MPPs, the Ontario Minister responsible for Trade and Economic Development, FCM and AMO. That the request of Rumen Yankov to operate a refreshment vehicle at 385 Fairway Road South be approved. That the provisioning of free public Wi-Fi Internet service at a number of public facilities as outlined in Schedule "A" be approved; and, COUNCIL MINUTES MAY 14, 2012 - 127 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) (Cont'd) That staff be directed to prepare an Acceptable Use Policy that defines the terms and conditions that patrons of the service must accept prior to using the public Wi-Fi Internet service, subject to the satisfaction of the City Solicitor; and further, That the use of web content filtering be implemented to enforce the terms of the developed Acceptable Use Policy in regards to accessing offensive and/or malicious content in public facilities. That staff be directed to proceed with the two remaining phases of the telephone system upgrades using the established Vendor of Record for this project, Softchoice Corporation (formerly Unis Lumin, Inc.), provided expenditures do not exceed an upset limit of $1,368,720 plus H.S.T.; and, That the Mayor and Clerk be authorized to execute a contract with Softchoice Corporation (formerly Unis Lumin Inc.) to allow the City to purchase annual maintenance for the telecommunication system as needed and that said contract be for a term matching the Vendor of Record arrangement and that said contract be subject to the satisfaction of the City solicitor; and further, That the Director of Information Technology be delegated authority to determine what maintenance the City will purchase for the telecommunications system pursuant to the contract, provided such expenditures do not exceed $223,000 plus H.S.T. annually. 10. That the Corporation of the City of Kitchener's lands located on Melvern Court, in the City of Kitchener, described as Block B, Plan 1359, to be further described as two parts on a Reference Plan, be declared surplus to the City's needs and sold to one or both of the abutting property owners at 15 Melvern Court and 21 Melvern Court for a total purchase price of $26,390.00 plus HST; subject to an easement over each part being granted in favour of the City; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to effect this transaction with each property owner, said documentation to be to the satisfaction of the City Solicitor. (Dealt with under Delegations and Carried) 11. That a report be provided to the August 13, 2012 Finance & Corporate Services Committee meeting to facilitate direction setting on options to potentially reduce the projected 2013 Budget submission target of 2.87% by up to an additional 1 %; and further, That staff investigate and report back on the pros and cons of potentially undertaking any of the following public engagement options for the 2013 Budget process, including: use of social media; creation of an interactive budget website; a citizen budget advisory board; and, representative survey questions. (Dealt with under Delegations and Carried) PLANNING AND STRATEGIC INITIATIVES COMMITTEE - WHEREAS Council deems it necessary to have permanent accessible and regular washroom(s) on the north end of Victoria Park; NOW THEREFORE BE IT RESOLVED that Options 2, 3 and 4 as outlined in Infrastructure Services Department report INS-12-034, be the options tabled for public input as to location only of additional permanent washrooms in Victoria Park; and that staff report back to the COUNCIL MINUTES MAY 14, 2012 - 128 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE - (CONT'D) 1. (Cont'd) September 10, 2012 Planning and Strategic Services Committee meeting on the findings of the public engagement process with recommendation(s). 2. That the Strasburg Road Extension (from north of Stauffer Drive to New Dundee Road) Draft Environmental Study Report (ESR) prepared by SNC-Lavalin Inc., dated May 4, 2012 be received and referred to a special meeting of Planning and Strategic Initiatives Committee on Tuesday November 27, 2012; and, That the Strasburg Road Extension Draft ESR be released to the public for review and provide comments to the City's project manager by September 26, 2012; and, That staff be directed to report back to a special Planning and Strategic Initiatives Committee meeting on Tuesday, November 27, 2012, commencing at 7.00 p.m., on the findings of the additional public consultation; and, That the fee to obtain a copy of the Strasburg Road Extension Draft ESR in DVD format be reduced from $150. to $25.; and, That Engineering staff work with Communications staff to compose a summary of the Strasburg Road Extension Draft ESR in plain language for ease of comprehension by the general public to be made available on the City's website, in print on request, and/or in other appropriate media formats; and further, That the following text be stricken from the first paragraph under the heading `Report' on Page 2-2 of Infrastructure Services Department report INS-12-002 (dated May 2, 2012), as it incorrectly indicates that Phase 4 (mandatory 30 day review period) of the Class Environmental Assessment (EA) process has been completed: "Phases 1 to 4 of the 5-phase Class EA process have been completed, including mandatory public consultation from government agencies, interested and affected parties, and the general public." (Carried, as Amended, on a recorded vote) HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2012-IV-007 be approved to permit the repair of the existing wood windows and the installation of new wood storm windows on the house municipally addressed as 279 Glasgow Street in accordance with the plans and supporting information submitted with the application; and further, That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2012-IV-007 be approved to permit the replacement of the inner cement front door surround (jams and header) on the front elevation of the house municipally addressed as 279 Glasgow Street in accordance with the plans and supporting information submitted with the application and subject to the following condition: i. That a sample (or samples) of the new concrete be reviewed and approved by Heritage Planning staff prior to commencement of work. 2. That the Guidelines for the Installation of Solar Technology on Cultural Heritage Resources, as outlined in Appendix A of Community Services Department report CSD-12-071, be approved. COUNCIL MINUTES MAY 14, 2012 - 129 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 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 324 Old Huron Road, as being of cultural heritage value and interest, in accordance with the Statement of Significance attached as Appendix "A" to Community Services Department report CSD-12-055. COUNCIL MINUTES MAY 14, 2012 - 130 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - Various Tenders Dealt with under Delegations. FCS-12-093 -Committee of Adjustment Recommendation Dealt with under Delegations. FCS-12-083 - Solexica Solar Project -186 Shoemaker Street Council considered Finance and Corporate Services Department report FCS-12-083 (S. Ross), dated May 1, 2012. It was resolved: "That Council hereby supports Rooftop Solar PV project FIT-F6SVOB8 located at 186 Shoemaker Street, Kitchener; and further, That the Mayor be authorized to indicate Council's support for Rooftop Solar PV project FIT-F6SVOB8 in a letter to the proponent, and through any other documentation required, if necessary, all to the satisfaction of the City Solicitor." FCS-12-098 -Amendment -Liquor Licensing Conditions -Bobby O'Brien's - 125 King Street West Council considered Finance and Corporate Services Department report FCS-12-098 (J. Sheryer), dated May 8, 2012. It was resolved: "That the resolution of Council, adopted April 23, 2012, regarding a request for amendments to liquor licence conditions for Bobby O'Brien's, 125 King Street W., be replaced with the following: That the City of Kitchener take no action to oppose an amendment to condition #13 of the liquor licence held by 1337059 Ontario Ltd. operating as Bobby O'Brien's, 125 King Street W., Kitchener, (herein referred to as the "Applicant") to remove the requirement that all tables and chairs on the outdoor patio shall be of a plastic or resin composition; and, That the City of Kitchener take no action to oppose an amendment to condition #6 of the liquor licence held by 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 a.m. daily; and, That staff be directed to advise the Alcohol and Gaming Commission of Ontario (AGCO) that the City has no concerns with the liquor licence for the Applicant being amended accordingly; and further, COUNCIL MINUTES MAY 14, 2012 - 131 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. FCS-12-098 -Amendment -Liquor Licensing Conditions -Bobby O'Brien's - 125 King Street West (Cont'd) That the City shall object to any amendment of the liquor licence conditions to allow for signs of service to remain on the patio or beverages and clients to remain on the patio later than the times set out above and shall request the AGCO to deny this request or hold a hearing in which the City will object if the Applicant pursues this." 5. FCS-12-097 -Applications for Cancellation, Refund, Reduction of Taxes Dealt with under Delegations. 6. INS-12-040 -Appointment to Cycling Advisory Committee Council considered Infrastructure Services Department report INS-12-040 (J. McBride), dated May 8, 2012. It was resolved: "That Michael Boos and Peter Walberg be appointed to the Cycling Advisory Committee for the term ending November 30, 2012." 7. Agreement -LVH Developments - Doon Creek Subdivision Council considered this date a matter arising from in-camera discussion regarding the settlement of a matter related to agreement with LVH Developments. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement and other documents as required to settle the dispute with LVH Developments in accordance with the direction received in-camera on May 14, 2012." 8. CAO-12-023 -CTT Foreign Multi-National Aftercare German Mission Council considered this date Chief Administrator's Office report CAO-12-023 (R. Regier), dated May 2, 2012. It was resolved: "That in accordance with Council Policy II-35 (Conference, Seminar and Meeting Attendance and Expenses), participation of Rod Regier, Executive Director of Economic Development, in the CTT Foreign Multi-National Aftercare German Mission being held in Germany, June 2012, be approved."