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HomeMy WebLinkAboutCouncil - 2012-06-11COUNCIL MINUTES JUNE 11, 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 Krystal Wolfe, King School of Vocal. On motion by Councillor B. Ioannidis the minutes of the regular meeting held May 14, 2012 and special meetings held May 14 & 28, 2012, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL On behalf of Council, Mayor C. Zehr acknowledged and thanked Councillor B. Vrbanovic, who just completed his term as President of the Federation of Canadian Municipalities (FCM). Council then viewed a video, which was originally shown at the recent FCM Annual Conference in Saskatoon, Saskatchewan in which Councillor Vrbanovic advocates for additional support from the Federal government toward municipal infrastructure. Ms. Barbara Byers, Public Education Director, Lifesaving Society of Ontario, was in attendance and presented the 2011 Water Smart Award, in recognition of the City’s Drowning Prevention Public Education Program. She noted that this is the sixth time that Kitchener has received this award, which is more than any other municipality in Ontario. Ms. J. Ouellette, Facilitator, Volunteer Resources, introduced long service awards to be presented to neighbourhood associations (NA) and minor sports groups who have made significant volunteer contributions to the City’s recreation and leisure services. Mayor C. Zehr and respective Ward Councillors presented awards to the following: Kitchener Soccer Club 45 years Alpine Community NA 5 years Caryndale NA 35 years Highland Stirling Community Group 35 years Stanley Park Community Association 35 years Olde Berlin Towne NA 40 years SHARE Peer Helping Program 25 years MACKS 25 years The following organizations were unable to attend to receive their award: KW In-Line Hockey League 10 years Asahi Judo Club 45 years KW Track & Field 50 years Ms. Ouellette announced that an Ontario Senior of the Year Award is given to one outstanding community member over 65 years of age who has enriched the social, cultural or civic life of the community without thought of personal or financial gain. Mayor Zehr presented this year’s award to Ms. Norma Shantz for her outstanding volunteer contributions at the Breithaupt Centre and active participation in various other volunteer programming. On behalf of Council, Councillor P. Singh recognized the Alpine Community Neighbourhood Association for its commitment to volunteering in the community and achievements over the past year; specifically, the collaborative effort with two other neighbourhood associations in organizing the Cinema Under The Stars event. Ms. Mary Jane Patterson, Executive Director, Residential Energy Efficiency Project (REEP) Green Solutions, presented REEP’s 2011 Annual Report. She advised that the two main areas of focus for REEP in 2011 were: rainwater management and home energy retrofits. She stated that through the Local Environmental Action Fund (LEAF) grant, REEP rolled out the RAIN program in Spring 2011. She added that with the REEP House as the focal point, they demonstrated a number of ways homeowners can reduce the volume and pollution of water that flows into the City’s creeks and the Grand River. She indicated that in early 2012 the City’s LEAF grant was used to leverage additional funding; such as, a Showcasing Water Innovations grant from the Ontario Ministry of the Environment, which brings in $6 for every $1 invested by the City in through the LEAF grant. She further advised that also in 2011, REEP launched a local incentive program for home energy retrofits COUNCIL MINUTES JUNE 11, 2012 148CITY OF KITCHENER - - with the support of a second LEAF grant. She stated that through the ecoENERGY program, Kitchener residents reduced an estimated 2,408 tonnes in greenhouse gas emissions in 2011; and in the process, injected $4.4M into the local economy through home retrofits. In response to questions, Ms. Patterson estimated that REEP received approximately $90,000. in LEAF grants in 2011. She advised that with funding being eliminated for both the federal and provincial home energy retrofits incentive programs, the demand for energy audits is anticipated to decline. She added that one of the challenges facing her organization is how to motivate people to undertake retrofit projects in the absence of those federal and provincial incentives. On behalf of the River Ridge Playground Improvement Committee, Ms. Tracey Weiler presented an overview of how her group organized the installation of four new children’s swings and one disk swing at River Ridge Park. She stated that this project started approximately one year ago and over that time, the group was heavily engaged in a fundraising plan which included approaching businesses, service clubs, and residents to contribute to the project. She added that through these efforts, they raised almost $25,000. She noted that this initiative resulted in a significant amount of community engagement, not only informing neighbours of the playground enhancement, but also organizing and implementing a variety of community events. She acknowledged the contribution of City staff and invited Council to attend the celebration in River Ridge Park on June 22, 2012. In response to questions, Ms. Weiler advised that the outreach work undertaken by the Festival of Neighbourhoods was instrumental to the early success of this project. She stated that it helped to attract community members as well as identifying where to seek potential support for the project. 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 an Unnamed lane between Edna and Indiana Streets, listed as Items 10 (e) and 13 (e) on the Council agenda this date. No one in attendance at this meeting came forward to speak to this matter. 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 a portion of Westheights Drive, listed as Items 10 (f) and 13 (f) on the Council agenda this date. No one in attendance at this meeting came forward to speak to this matter. Mr. Thomas Platt, resident of Highbrook Street, addressed Council expressing concerns regarding the operation of two automotive businesses directly behind his property. He advised that the results of recent noise studies indicate that the sound being produced by AutoBahr and Byma’s Tire was only two decibels below the acceptable 50 decibels threshold. He stated that these studies measured the amount of noise produced over the course of one hour; the average of which was 48 decibels. He estimated that a torque wrench could produce a sound between 70-100 decibels and the industrial vacuums used by one of the businesses ranges between 80-100 decibels. He commented that these items might have only been used sporadically when the testing was being conducted; thereby resulting in an average noise level that was within the acceptable limit. He suggested that using the average level of noise created over an hour, does not give a true representation of what it is like to live with these businesses operating in close proximity to his house. In response to questions, Mr. Platt advised that in his opinion, there is no perceivable difference in the amount of noise being created by the two businesses since the ten-foot high wooden fence was constructed. He commented that it is hard to accept the results of the noise studies, given that he has to raise his voice when speaking to someone in his backyard. He noted that the situation has now been compounded by the fact that the businesses are open until 9:00 p.m. on Tuesdays, Wednesdays and Thursdays. He stated that while he and his neighbours appreciate the effort that went into getting the fence constructed, it is not high enough to block the sound from reaching the second storey of his house. Ms. Jennifer Colacrai addressed the Committee, thanking staff and Council for their previous efforts to resolve this matter. She commented that the existing fence is not high enough to cover the rear- bay doors and suggested that a concrete highway noise barrier should be constructed to reduce the noise to an acceptable level. She advised that the noise has forced her family into their home during the summer and they are not able to enjoy their backyard. In addition, she expressed concerns with the possible detrimental impacts that the vehicle emissions may be having on the health of area residents. She asked that the City do something to help the neighbourhood. COUNCIL MINUTES JUNE 11, 2012 149CITY OF KITCHENER - - In response to questions, Ms. Colacrai confirmed that the sound level is somewhat bearable when the businesses have their rear-bay doors closed. She commented that on hot and humid days both businesses operate with all of their bay doors open, and suggested that they should be restricted to only using their front doors. She estimated that given the limited space, planting vegetation to mitigate the noise was not a viable solution, noting that it would most likely take several years before the trees would be big enough to act as a sound barrier. Mr. Chris Maciak addressed Council, advising that he has lived on Highbrook Street for 15 years. He stated that he works a late afternoon shift and goes to sleep at approximately 3:00 a.m. By 8:00 a.m., the noise starts and he cannot sleep, or use his backyard. He displayed digital photographs depicting the wooden fence that was constructed at the rear of his and his neighbours’ properties and pointed out that the existing fence is not high enough to cover AutoBahr’s four rear-bay doors. He stated that AutoBahr usually have their rear-bay doors open and conduct emission tests in the lane-way separating the business and his backyard. He added that his house typically shakes whenever they are conducting these tests. Mr. Nick Biffis addressed Council advising that his property is adjacent to AutoBahr and Byma’s Tire. He stated that he has a considerable amount of vegetation in his rear-yard; yet, he can still hear the noise coming from the two businesses. He expressed concerns with what might be permitted to be constructed on the undeveloped parcel of land located directly behind his property and questioned whether residents would be involved in the planning process when the remainder of that site is developed. Clarification was requested as to the process that has been undertaken to date to deal with this issue. Mr. S. Turner, Director of By-law Enforcement, advised that once the issue was identified, the City engaged the services of an acoustical engineer to measure the sound volumes produced by the subject businesses as well as the ambient noise level. This included getting decibel readings for the tools being used by the businesses and measuring the worst case scenario for each use. He stated that based on that testing some potential noise mitigation options were identified, which included the construction of the ten-foot high wooden fence. He added that once the fence was constructed, real time studies were conducted to measure the level of noise being produced. He stated that these studies found that the sound from the subject businesses did not violate the levels set out by provincial guidelines. Mr. Turner further advised that City staff undertake periodic measurements of the noise levels over the course of one hour, and the average over that timeframe is used to establish if there is a violation. He indicated that the City’s existing equipment would not lend itself to being left on site to allow prolonged measurements to be taken, noting that an acoustical engineer would need to be retained to undertake such work. He estimated that it could cost approximately $10,000. to engage the services of an acoustical engineer to pursue a more in-depth noise study. Councillor B. Vrbanovic pointed out that the Waterloo Regional Airport has a mobile sound monitoring vehicle and suggested that staff investigate whether the City could borrow the device to undertake extended measurements of the sound being produced by AutoBahr and Byma’s Tire. Questions were raised as to the potential next steps to address the concerns of the residents of Highbrook Street and Mr. Turner confirmed that the recorded noise levels are below provincial guidelines. He advised that at this stage, the implementation of any additional noise mitigation measures would be predicated on the willingness and / or negotiations with the businesses and landowner. He indicated that staff would be willing to pursue discussions with the businesses and landowner to see if a compromise can be reached on the implementation of additional noise mitigation measures. He added that staff would also continue with their periodic testing and consult with an acoustical engineer about the possibility of conducting testing over the course of a week. Mr. J. Willmer, Chief Administrative Officer, further clarified that at the time when the site plan for Byma’s Tire and AutoBahr was considered, both businesses were permitted uses for the property. Accordingly, it is inaccurate to claim that a mistake was made in this instance, given the use did not contravene the existing zoning by-laws, nor has there been a measurable violation of the provincial noise regulations. He stated that since this matter came to light, the zoning for these kinds of businesses has been changed to mitigate the possibility of a similar situation occurring in the future. He noted that this property is currently considered as having a legal non-conforming use. COUNCIL MINUTES JUNE 11, 2012 150CITY OF KITCHENER - - Moved by Councillor P. Singh Seconded by Councillor K. Galloway “That staff be directed to meet with representatives from AutoBahr, Byma’s Tire and the owners of 1170 Fischer Hallman Road as well as the Councillors from Wards 5 and 6 to discuss the possible implementation of further noise mitigation options and provide a status report to the June 25, 2012 Council meeting, including the potential to undertake additional testing by an acoustical engineer.” Carried. Ms. Pat Schneider was in attendance and provided Council with an information package requesting that consideration be given to rescinding the City’s by-law that permits open air fires within municipal boundaries. She reviewed the circulated materials, advising that it is not uncommon for her neighbours at 1242 and 1232 King Street East to have fires in their back yards, noting the smoke from which has been having a detrimental impact on her health as well as that of her husband. She stated that she has already reported nine incidences since March of 2012 and suggested that the money currently being spent to enforce the Open Air Burning By-law could be better applied elsewhere. In response to questions, Ms. Schneider advised that while her home does not directly abut the two subject properties, prevailing winds typically blow the smoke from their fires towards her house. She stated that members of the Kitchener Fire Department informed her neighbours of her health issues, but that did not seem to dissuade them from having fires. She suggested that the City was too congested to allow this to continue and requested that Council ban all open air fires. Fire Chief T. Beckett advised that he has been working with By-law Enforcement and Legal Services staff on the issue of open air burning since 2007. He stated that prior to that time no regulations were in place municipally to govern the setting of open air fires. He added that most open air burns do not present a fire safety issue; and, indicated the current by-laws allow for greater control over this issue through the inclusion of the nuisance clause. Questions were raised regarding the number of complaints the City receives annually regarding open air fires. Mr. S. Turner, Director of By-law Enforcement, advised that when the by-law was implemented in 2007, the City received fewer than 100 complaints. He added that there were 230 complaints in 2010, with slightly fewer being received in 2011; however, this was partly due to the fact that in June 2011 the Fire Chief declared a ban on all open air fires due to the dry conditions. He noted that so far for 2012, the City has received approximately 100 complaints. In response to further questions, Chief Beckett advised that he was not aware of whether the City of Waterloo currently has a ban on open air fires. He advised that additional research would be required to determine whether a ban on open air fires could be implemented within the confines of existing provincial legislation. On motion by Councillor B. Ioannidis, seconded by Councillor P. Singh, a recommendation was brought forward directing staff to investigate and report back with information on the restrictions permitted by existing provincial legislation and the actions that have been taken by other municipalities to address open air fires. Councillor S. Davey advised that he would be hesitant to recommend a ban on all open air fires, noting the problems seem to be caused by only a small group of people. He agreed that the City should consider tightening its regulations by restricting it to only weekends or requiring someone to apply for a permit; but, he would not want to preclude families from being able to have a small back- yard fire. Moved by Councillor B. Ioannidis Seconded by Councillor P. Singh “That staff be directed to report to the June 25, 2012 Council meeting with information on the restrictions that can be enacted on open air burning in accordance with existing provincial legislation as well as the actions taken by other municipalities to address this issue.” Carried. COUNCIL MINUTES JUNE 11, 2012 151CITY OF KITCHENER - - Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. With respect to Tender T12-016 (Fire Truck Pumper / Tanker), Councillor Y. Fernandes requested additional details regarding the age and mileage of the Fire Truck that is proposed to be replaced. In addition, she asked for information on the criteria that is used to evaluate when a vehicle of this nature needs to be replaced. Mayor C. Zehr ruled that the questions raised by Councillor Fernandes were not germane to Council’s consideration of Tender T12-016. He stated that the purpose of the Purchasing By-law is to set out the policies and procedures for staff to follow when evaluating a tender. He added that as long as it meets the specified criteria and the established policies and procedures were adhered too, then there is no need for Council to analyse the details of each tender that is brought forward for consideration. He commented that concerns regarding the details provided as part of the tendering process would be more appropriately discussed within the context of the overall vehicle replacement policy. Councillor Y. Fernandes challenged the Mayor's ruling. Mayor C. Zehr put the following question to the Council: "Will the ruling of the Mayor be sustained?" The ruling of the Mayor was not sustained, with a majority of Council consenting to the questions being raised by Councillor Fernandes. Fire Chief T. Beckett advised the subject vehicle was approximately 14 years old and agreed to circulate Fire Services’ 20-year Vehicle and Equipment Replacement Plan. Regarding Tender T12-024 (Bridge Maintenance Program 2012), Mr. S. Allen, Manager, Engineering Design & Approvals, agreed to provide a list of those bridges included in this year’s Program. Moved by Councillor K. Galloway Seconded by Councillor F. Etherington PACA Industrial “That Quotation Q12-035 – Hydraulic Hose and Fittings, be awarded to Distribution, Kitchener, Ontario, at their quoted price of $16,390.32, plus H.S.T. of $2,130.74, for a total of $18,521.06, with an option to renew for two (2) additional twelve (12) month terms.” - and – Metz Fire & Rescue, “That Tender T12-016 – Fire Truck Pumper / Tanker, be awarded to Guelph, Ontario, at their tendered price of $566,259.71, plus H.S.T. of $73,613.77, for a total of $639,873.48.” - and – “That Tender T12-047 – Three (3) Sand/Salt Spreader Bodies with Prewetting, be awarded to Joe Johnson Equipment Inc., Innisfil, Ontario , at their tendered price of $207,693., plus H.S.T. of $27,000.09, for a total of $234,693.09.” - and – Xterra “That Tender T12-024 – Bridge Maintenance Program 2012, be awarded to Construction Inc., Kitchener, Ontario at their corrected tendered price of $436,968.74, including provisional items and contingencies of $386,698., plus H.S.T. of $50,270.74, for a total of $436,968.74, and further; That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and – Hardware Agencies Ltd, “That Quotation Q12-038 – Architectural Hardware, be awarded to Toronto, Ontario, at their quoted price of $100,101., plus H.S.T. of $13,013., for a total of $113,114.” COUNCIL MINUTES JUNE 11, 2012 152CITY OF KITCHENER - - - and – “That Tender T12-045 – One (1) Six Wheel Street Sweeper with a 3.3 Cubic Metre (4.5 Cubic Joe Johnson Equipment Inc., yd.) Variable High Side Dump Debris Hopper, be awarded to Innisfil, Ontario, at their tendered price of $236,315., plus H.S.T. of $30,720.95, for a total of $267,035.95.” - and – Insituform “That Tender T12-039 – Cured In Place Sanitary Sewer Lining, be awarded to Technologies Limited, Hamilton, Ontario at their tendered price of $338,881.50., including provisional items and contingencies of $98,495., plus H.S.T. of $44,054.60, for a total of $382,936.10; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and – “That Expression of Interest E11-088 – Consultant Services – Freeport Sewage Pumping MTE Consultants Inc., Kitchener, Ontario Station, be awarded to at their estimated fee of $646,189.50, including contingencies of $58,744.50 plus H.S.T. of $84,004.64, for a total of $730,194.14, based on a satisfactory contract being negotiated and upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” Carried. Moved by Councillor K. Galloway Seconded by Councillor B. Ioannidis “That the report of the Community & Infrastructure Services Committee be adopted.” Councillor Y. Fernandes requested that Clause 7 of the Committee report be dealt with separately, as she has discussed other options with the Chair of the Waterloo-Wellington Branch of The Monarchist League of Canada to honour the Queen’s Diamond Jubilee. She suggested that it might be possible to have a room at the newly renovated main branch of the Kitchener Public Library (KPL) named for the Queen, as opposed to renaming “Civic Centre” park. As a member of the KPL Board of Directors, Councillor K. Galloway advised that Council would only have the ability to request that the KPL name one of its rooms after the Queen, and it would be up to the discretion of the Library as to whether that request was implemented. She added that such a proposal might take away from some of the future fundraising options currently being explored by the KPL. Council agreed to amend the wording of Clause 7 to direct staff to report back on August 13, 2012 with a final recommendation for the renaming of “Civic Centre” park as well as any other potential naming opportunities. Regarding Clause 8, Councillor B. Vrbanovic spoke in opposition to the removal of the grandstand seating area from the Centennial Stadium site. He expressed the view that budgeting for removal of the grandstand is premature, as there did not appear to be a pressing need for a decision to be made on this matter. He added that the demolition should be postponed to allow for further community consultation. Councillor J. Gazzola expressed support for the comments made by Councillor Vrbanovic and indicated a desire to see additional information on repairing the grandstand. Clarification was requested regarding the seating capacity of the existing grandstand as well as the use of temporary seating. Ms. K. Kugler, Director of Enterprise, advised that the current grandstands can accommodate approximately 3,200 spectators, which could be matched through the use of portable bleachers on an as-needed basis. She added that the use of temporary bleachers would allow for more flexibility in terms of set-up, with the configuration being changed depending on the COUNCIL MINUTES JUNE 11, 2012 153CITY OF KITCHENER - - type of programming that was taking place. She noted that additional information would be required to determine the structural impact of postponing the demolition. Councillor S. Davey expressed support for Clause 8, noting the estimated cost to repair the existing grandstand was $1.2M, compared to $200,000. to remove the current structure. He commented that the existing grandstand is not being used and given the other competing costs facing the City; he could not justify such an expense. Regarding Clause 12, Councillor Z. Janecki spoke in opposition to the Class Environmental Assessment (EA) for the Huron Road Bridge rehabilitation project. He stated that, in his opinion, the preferred alternative does not keep the heritage components of the current bridge and suggested other options should be explored. He expressed concerns with the EA process, noting that it leaves Council with very few options, in that if the preferred alternative is not supported, then the road would need to be closed. Councillor K. Galloway expressed support for the preferred alternative, commenting that it attempts to keep as much of the original heritage value of the bridge, as possible, while still complying with the legislated safety requirements. She stated that, in her opinion, the EA process was not redundant and in instances such as this, safety concerns need to trump other considerations. The Community and Infrastructure Services Committee report was then voted on clause by clause. Carried, as Amended. Clause 7 - Carried, on a recorded vote. Clause 8 - In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway, Y. Fernandes, and D. Glenn-Graham. Contra : Councillors J. Gazzola, F. Etherington, B. Ioannidis, Z. Janecki and B. Vrbanovic. Carried. Clause 9 - Carried, on a recorded vote. Clause 12 - In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway, F. Etherington, B. Ioannidis, and B. Vrbanovic. Contra : Councillors J. Gazzola, Z. Janecki, Y. Fernandes, and D. Glenn-Graham. Carried. Balance of report – Moved by Councillor S. Davey Seconded by Councillor P. Singh “That the report of the Finance and Corporate Services Committee be adopted.” In response to questions regarding Clause 5 of the Committee report, Mr. J. Willmer, Chief Administrative Officer, advised that the Tax Increment Grant (TIG) Program provides developers of brownfield properties in eligible areas with an opportunity to receive grants when the project is completed to help recoup up to 100% of clean-up costs. He added that grants are paid after the completed project is reassessed by the Municipal Property Assessment Corporation (MPAC), and may last for up to 10 years or until the maximum eligible costs are recouped. He advised that the City does not provide any funds until the project is completed Councillor J. Gazzola spoke in opposition to Clause 5, advising that, in his opinion, the City should not be paying for 100% of the costs to remediated brownfield properties. He indicated a desire to review the program to determine an appropriate level of support. COUNCIL MINUTES JUNE 11, 2012 154CITY OF KITCHENER - - Concerning Clause 7 of the Committee report, Councillor Gazzola proposed that consideration of the changes to the City’s existing Reserve Fund policies should be deferred until the October 22, 2012 Council meeting. He commented that the proposed policy changes would have a significant impact on Council’s budget deliberation process and suggested that the City should seek the public’s input on what is being proposed. Mayor C. Zehr advised that the new Reserve Fund policy does not remove Council’s authority to control the City’s Reserve Funds. He added that what it does, is provides for greater consistency in how they are managed as well as guidelines on how those funds should be used. On motion by Councillor J. Gazzola, seconded by Councillor Z Janecki, it was proposed that consideration of Clause 7 of the Finance and Corporate Services Committee report of this date, be deferred to the October 22, 2012 Council meeting. LOST Councillor Gazzola’s deferral motion was then voted on and on a recorded vote, with Councillors J. Gazzola, Z. Janecki, Y. Fernandes, and D. Glenn-Graham voting in favour and Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway, F. Etherington, B. Ioannidis, and B. Vrbanovic voting in opposition. The Finance and Corporate Services Committee report was then voted on clause by clause. Carried, on a recorded vote. Clause 5 - In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway, Y. Fernandes, D. Glenn- Graham, F. Etherington, B. Ioannidis, Z. Janecki and B. Vrbanovic. Contra : Councillor J. Gazzola. Carried, on a recorded vote. Clause 7 - In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway, F. Etherington, B. Ioannidis, and B. Vrbanovic. Contra : Councillors J. Gazzola, Z. Janecki, Y. Fernandes, and D. Glenn-Graham. Carried. Balance of report – Councillor B. Vrbanovic gave notice, as listed under Item 8 b) of the agenda, that he would introduce a motion this date for Council’s consideration to endorse the Federation of Canadian Municipalities (FCM) campaign urging the Minister of Transport, Infrastructure and Communities to work with FCM to ensure the new long-term infrastructure plan meets the core infrastructure needs of cities and communities. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey “WHEREAS The Building Canada Plan and a number of important federal-provincial transfer agreements vital to Canada’s cities and communities will expire in March 2014; WHEREAS Federal investments over the last few years have helped to slow the decline of our cities and communities, and the Government of Canada has committed to develop a new long- term plan for municipal infrastructure funding in consultation with municipal and provincial/territorial governments; WHEREAS a seamless transition from the Building Canada Plan to a new long term plan is necessary to ensure that municipalities can continue planning their capital spending effectively; COUNCIL MINUTES JUNE 11, 2012 155CITY OF KITCHENER - - WHEREAS The Federation of Canadian Municipalities (FCM) has launched a campaign to ensure the new plan reflects municipal priorities across the country and asks its member municipalities to pass a Council resolution supporting the campaign; AND WHEREAS the our community has continuing infrastructure needs, including investments in replacement road, water & sewer infrastructure, new and replacement recreational infrastructure, as well as an expanded transit system, all of which can only be met through the kind of long-term planning and investment made possible by a national plan; THEREFORE BE IT RESOLVED that Kitchener City Council endorses the FCM campaign and urges the Minister of Transport, Infrastructure and Communities to work with FCM to ensure the new long-term infrastructure plan meets the core infrastructure needs of cities and communities; BE IT FURTHER RESOLVED that Council urges the Minister of Transport, Infrastructure and Communities to ensure that the new long-term plan is fully in place when existing programs expire in 2014; and BE IT FINALLY RESOLVED that a copy of this resolution shall be sent to the Minister of Transport, Infrastructure and Communities – Hon. Denis Lebel, to Ontario Ministers Bob Chiarelli and Kathleen Wynne, to our local MP’s - Stephen Woodworth, Peter Braid, Harold Albrecht, and Minister Gary Goodyear, to our local MPP’s – Minister John Milloy, Michael Harris and Rob Leone, to Regional Chair Ken Seiling, to the Federation of Canadian Municipalities and to the Association of Municipalities of Ontario.” Carried. Councillor F. Etherington assumed the Chair, as Mayor C. Zehr had given notice, listed under Item 8 c) of the agenda, that he would introduce a motion this date for Council’s consideration to request the Ministry of Transportation to permanently exempt licenced two-way radios from Regulation 366/09 of the Highway Traffic Act. Moved by Mayor C. Zehr Seconded by Councillor K. Galloway “WHEREAS the "Countering Distracted Driving and Promoting Green Transportation Act" 2009 received Royal Assent on April 23, 2009; banning the use of hand-held communication and entertainment devices; and, WHEREAS Regulation 366/09 (Display Screen and Hand-Held Devices) made under the Highway Traffic Act (HTA) created a three-year exemption, expiring on January 1, 2013, for the hand-held use of two-way radios by certain commercial, public transit and public function drivers and licenced amateur radio operators; and, WHEREAS the Ministry of Transportation is currently reviewing Regulation 366/97 as it pertains to the commercial use of two-way radios in order to determine whether to: a) Implement a January 1, 2013 prohibition on the use of two-way radios for municipalities, b) Extend the current two year exemption for an additional 5 years or, c) Allow a permanent exemption regarding the use of these radios for municipalities; and, WHEREAS a 2009 Virginia Tech Transportation Institute study that identified 35 driving distractions, ranked the use of hand-held two-way radios as No. 30 with No. 1 being the most distractive and being less distracting than looking at the outside mirrors of a truck; and WHEREAS other jurisdictions such as the Province of Alberta has exempted licenced two-way radios; and, WHEREAS the cost of replacing two-way radios in the City of Kitchener's commercial vehicles is estimated at $750,000. COUNCIL MINUTES JUNE 11, 2012 156CITY OF KITCHENER - - NOW THEREFORE BE IT RESOLVED that the City of Kitchener requests the Ministry of Transportation to permanently exempt licenced two-way radios from Regulation 366/09 of the Highway Traffic Act.” Carried. Mayor C. Zehr then resumed the Chair. At the request of Councillor Z. Janecki, Ms. L. MacDonald, Director of Legal Services & City Solicitor, agreed to review the necessity of requiring residents to enter into legal agreements with the City in order to start a Community Garden. Council agreed to the request of Mr. R. Gosse, City Clerk, to add an additional by-law for three readings this date, relative to Clause 6 of the Finance and Corporate Services Committee report being to repeal and replace Chapter 170 of the Municipal Code regarding purchasing and materials management policies and procedures. Moved by Councillor K. Galloway Seconded by Councillor S. Davey “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to 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) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of The City of Kitchener. (e) Being a by-law to close an Unnamed Lane, between Edna and Indiana Streets, described as Part Lots 4 & 16, Plan 653, as in Instrument #A99809, in The City of Kitchener, being all of PIN # 22311-0110. (f) Being a by-law to close and convey that portion of the public highway known as Westheights Drive (formerly Wilson’s Road), in The City of Kitchener. (g) Being a by-law to designate the property municipally known as 214 Queen Street South in The City of Kitchener as being of cultural value or interest. (h) Being a by-law to assume certain lands within The City of Kitchener as a public highway. (i) Being a by-law to amend By-law 2009-086 to extend the time period for exemption from Part Lot Control – Park Block 8, Registered Plan 58M-55 – Foxglove Crescent. (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to repeal and replace Chapter 170 of The City of Kitchener Municipal Code to establish purchasing and materials management policies and procedures and to define the authority and the responsibilities of the Director of Supply Services. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Ioannidis as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES JUNE 11, 2012 157CITY OF KITCHENER - - Moved by Councillor B. Ioannidis 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 K. Galloway Seconded by Councillor S. Davey “That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-171, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2012-078) (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. 2012-079) (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 2012-080) (d) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of The City of Kitchener. (By-law No. 2012-081) (e) Being a by-law to close an Unnamed Lane, between Edna and Indiana Streets, described as Part Lots 4 & 16, Plan 653, as in Instrument #A99809, in The City of Kitchener, being all of PIN # 22311-0110. (By-law No. 2012-082) (f) Being a by-law to close and convey that portion of the public highway known as Westheights Drive (formerly Wilson’s Road), in The City of Kitchener. (By-law No. 2012-083) (g) Being a by-law to designate the property municipally known as 214 Queen Street South in The City of Kitchener as being of cultural value or interest. (By-law No. 2012-084) (h) Being a by-law to assume certain lands within The City of Kitchener as a public highway. (By-law No. 2012-085) (i) Being a by-law to amend By-law 2009-086 to extend the time period for exemption from Part Lot Control – Park Block 8, Registered Plan 58M-55 – Foxglove Crescent. (By-law No. 2012-086) (j) To confirm all actions and proceedings of the Council. (By-law No. 2012-087) COUNCIL MINUTES JUNE 11, 2012 158CITY OF KITCHENER - - (k) Being a by-law to repeal and replace Chapter 170 of The City of Kitchener Municipal Code to establish purchasing and materials management policies and procedures and to define the authority and the responsibilities of the Director of Supply Services. (By-law No. 2012-088) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 11:04 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 11, 2012 159CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sherwood Music for an annual summer tent sale event to be held at 124 Ottawa Street South, on Saturday, June 16, 2012, between the hours of 10:00 AM and 5:00 PM. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Michael Saunders for a birthday party to be held at 552 Hidden Valley Road on Saturday, June 9, 2012, between the hours of 2:00 PM and 10:00 PM. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Cherry Park Neighbourhood Association for their annual Cherry Festival to be held at Cherry Park on Saturday, July 7, 2012, between the hours of 11:00 AM and 6:00 PM. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sherryl Petricevic for a graduation party to be held at 170 Louisa Street on Saturday, June 30, 2012, between the hours of 3:00 PM and 11:00 PM. 5. That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with the Belmont Improvement Area Board of Management for lease of the parking lot located near Argyle Street and Belmont Lane West, adjacent to Argyle Park. 6. That Kathy Doherty-Masters be appointed to the Safe & Healthy Community Advisory Committee (Education sector representative) for the term ending November 30, 2012. 7. That consideration for renaming the park with lands fronting onto Queen Street North commonly referred to as Civic Centre to ‘Queen Elizabeth II Park’ be tabled or any other location or street; and, That staff be directed to complete an internal and external circulation for comments and input into the naming request; and further, That staff report back on August 13, 2012 with a final recommendation for the renaming of the park as well as any other potential naming opportunities. (As Amended) 8. That staff be directed to budget the removal of the grandstand seating area from the Centennial Stadium site as part of the 2013 capital budget process; and, That staff be directed to continue to work with user groups and the broader community to determine the long term needs and costing for Centennial Stadium components, other than the existing grandstand, and Jack Couch Ball Park; and further, That staff be directed to determine what funding sources are available, including having dialogue with the Region of Waterloo. (Carried on a recorded vote) 9. That staff be granted the approval to proceed with the parking and transportation approaches presented by the Kitchener Rangers Hockey Club on March 5, 2012 and as outlined in Community Services Department report CSD-12-069; and further, That staff be directed to report to the Community and Infrastructure Services Committee in one years’ time as to the results of designating Lot A as a paid parking area and the potential for additional paid parking at the Kitchener Memorial Auditorium Complex (The AUD); and including an update on other parking strategies (i.e. Bus To - From Us service, commuter lot, carpooling, etc.) proposed for implementation by the Kitchener Rangers Hockey Club. 10. That a by-law be enacted to amend Chapter 630 (Fences) of the City of Kitchener Municipal Code, as outlined in Community Services Department report CSD-12-084. COUNCIL MINUTES JUNE 11, 2012 160CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 11. That the coloured façade treatment for the Duke & Ontario Garage, as outlined in Infrastructure Services Department report INS-12-047, supported by the majority of public respondents and which includes adding an accent colour (chartreuse) to the helix and the entryway to the building, while showcasing the architectural features of the building with a variety of grey tones, be approved. 12. That the Huron Road Bridge Rehabilitation Class Environmental Assessment Report prepared by AECOM, dated May 2012 be received; and, That the Huron Road Bridge Rehabilitation Class Environmental Assessment Report be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act; and further, That staff be directed to commence the implementation of the recommendations of the Class Environmental Assessment (EA), following the thirty (30) day mandatory review period and Ontario Ministry of the Environment acceptance of the study, through the Capital Budget. (Carried on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That the Mayor and Clerk be authorized to execute the Agreements of Purchase and Sale and any other related documentation required to purchase three separate parcels of land located on Mill Street, more specifically described as Parts 2, 3 and 4 on Reference Plan 58R 17393, subject to the satisfaction of the City Solicitor. 2. That the Arts and Culture Advisory Committee work plan update, as outlined in Chief Administrator’s Office report CAO-12-019, be received for information. 3. That the supply component of the natural gas rates be decreased to 17.5 cents per cubic meter from 21.2 cents per cubic meter for system gas customers of the City of Kitchener effective July 1, 2012; and, That the transportation component of the natural gas rate remain at 6.182 cents per cubic meter; and further, That the delivery components of the natural gas rates be changed, as outlined in Appendix ‘A’ of Infrastructure Service Department report INS-12-039 for all Kitchener delivery customers effective July 1, 2012. 4. That the Mayor and Clerk be authorized to execute a Licence Agreement and Memorandum of Understanding, subject to the satisfaction of the City Solicitor, for the proposed shared Corporate Contact Centre space and technology agreements with the Regional Municipality of Waterloo, as outlined in Infrastructure Services Department report INS-12-043. 5. That the City of Kitchener approve the Brownfield Remediation Program Application, received from 2184647 Ontario Ltd. (Perimeter Development Corporation), dated March 5, 2012., subject to the following: i) That in exchange for a completed and filed Record of Site Condition for the Breithaupt Block lands (consisting of 51 Breithaupt Street, 20-24 Breithaupt Street, 2 Moore Avenue, 12 Moore Avenue, 47 Wellington Street) and completion of redevelopment plan, the City of Kitchener will provide a grant in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment; COUNCIL MINUTES JUNE 11, 2012 161CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 5. (Cont’d) ii) That the City Tax Increment is defined as the difference between the City portion of real property taxes for the 2011 Taxation Year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project, as compensation for the remediation of the above stated lands; iii) That the annual City property tax grant is estimated to be $228,263, payable in the first and second years following re-assessment by MPAC and $142,792 in the third year; and, That the Region of Waterloo Brownfield Coordinator be advised of the decision regarding the subject Application; and further, That the Mayor and Clerk be authorized to execute an Agreement related to the Brownfield Remediation Program Application, with the Region of Waterloo and 2184647 Ontario Ltd, subject to the satisfaction of the City Solicitor. (Carried on a recorded vote) 6. That By-law 2001-238 being a by-law to cover Purchasing and Materials Management policies and regulations, and to define authority and responsibilities, be repealed; and, That the by-law attached as Schedule ‘1’ to Finance and Corporate Services Department report FCS-12-100, be approved; and further, That the City of Kitchener Municipal Code Chapter 170 (Purchasing and Materials Management), be amended to be consistent with the terms of the by-law attached as Schedule ‘1’ to Report FCS-12-100. 7. That the Reserve Fund policy, as attached to Finance and Corporate Services Department report FCS-12-102, be approved; and, That the City’s existing reserve fund policies, as summarized in Appendix ‘A’ of Report FCS- 12-102, be repealed; and, That the changes to reserve funds listed in Appendix ‘B’ of Report FCS-12-102, be approved; and further, That the reserve funds listed in Appendix ‘C’, along with the associated information sheets which provide details for each reserve fund as attached to of Report FCS-12-102, be approved. (Carried on a recorded vote) COUNCIL MINUTES JUNE 11, 2012 162CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – 1.Various Tenders Dealt with under Delegations. 2FCS-12-114 – Liquor Licence Review Application – 271 West . Council considered Finance and Corporate Services Department report FCS-12-114 (P. Harris), dated June 6, 2012. It was resolved: “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 271 West located at 271 King Street West, applied for by Zeljko Loncar (herein referred to as the “Applicant”; and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his 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 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% 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; 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).” COUNCIL MINUTES JUNE 11, 2012 163CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 3.FCS-12-115 – Request for Midway – Ribfest – Victoria Park – July 20-22, 2012 Council considered Finance and Corporate Services Department report FCSs-12-115 (P. Harris), dated June 6, 2012. It was resolved: “That GTA Midways Inc. be granted permission to operate a Midway in Victoria Park, during Ribfest from July 20-22, 2012 subject to the following: Hours of operation; Date Start Close Friday, July 20 5:00 p.m. 10:00 p.m. Saturday, July 21 Noon 10:00 p.m. , ; and Sunday, July 22 Noon 6:00 p.m. That the music at the Midway be turned down at 8:00 p.m.; and, That the music be turned off one hour before closing time; and further That the required licence be obtained prior to operating the Midway.” 4.CAO-12-028 – Lease for Victoria Park Lake Boathouse Council considered Chief Administrator’s Office report CAO-12-028 (R. Regier), dated June 7, 2012. It was resolved: “That the Mayor and Clerk be authorized to sign an agreement, satisfactory with the City Solicitor, with 1639885 Ontario Limited and Kevin Doyle, regarding the leasing of the Victoria Park Lake Boathouse as outlined in Chief Administrator’s Office report CAO-12- 028, dated June 7, 2012.”