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HomeMy WebLinkAboutCouncil - 2012-08-27COUNCIL MINUTES AUGUST 27, 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 Favia Gonzalez, winner in the Youth Category of the ‘Rise to Fame Contest’ held July 29, 2012. On motion by Councillor Y. Fernandes the minutes of the regular meeting held June 25, 2012 and special meetings held June 25 and August 13, 2012, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Mr. Dave Pyper, Chair, International Plowing Match and Rural Expo 2012, attended to present the City of Kitchener with a commemorative poster and flag. Mr. Pyper presented details of the 2012 Plowing Match to be held September 18 to 22 in Roseville, Ontario, highlighting the four-day event which is anticipated to draw 150,000 people. The funds raised will support the Cambridge North Dumfries Foundation, the Kitchener Waterloo Foundation, the Cambridge Memorial Hospital Foundation, the St. Mary’s Hospital Foundation and the Grand River Hospital Foundation. Mr. John MacDonald and Ms. Trudy Beaulne, Festival of Neighborhoods, attended to provide an update on the 2012 Festival of Neighborhoods. The Festival is an annual event organized by neighborhood leaders to celebrate and build stronger communities. The delegates outlined the goal to attract one hundred registered gatherings and challenged Councillors to each engage ten neighborhood leaders in order to meet the goal. Mayor C. Zehr displayed a carved sculpture which was presented by three officials of Morogoro, Tanzania, who came to the City of Kitchener as part of the Federation of Canadian Municipalities Partnership for economic development assistance. Mayor Zehr advised the individuals visited Kitchener for ten days and made this presentation of the sculpture representing the people of Morogoro and the City of Kitchener living in harmony. Mayor Zehr then noted for the record that Notice has been given for any member of the public to speak for or against by-laws to establish and lay out part of Chandler Drive as a public highway and to close part of Chandler Drive. He then asked if any individuals would like to speak; no persons indicated a wish to speak. Mr. Troy Wentworth was in attendance on behalf of the residents of 110 Highland Road East to express concerns regarding the playing fields located at the Woodside Park Recreational Facility. He reviewed the concerns of the residents including: noise; density and use of Field #2; errant balls causing those retrieving them to trespass; intrusive lighting; an offensive odor emanating from the synthetic playing surface; and, parking congestion on Woodside Drive. In response to questions, Mr. Wentworth indicated he has resided on Highland Road for two years. He added Woodside Park was in existence at that time although the park only contained a baseball diamond. He expressed concern that residents were not made aware of the proposed changes to the park. Mr. Wentworth advised that residents have been in communication with City staff who have tried to rectify the problem by erecting netting which remains incomplete. He added that currently a fence is being constructed which is unwanted by many residents and feels staff have not been forthcoming; as he was informed the fence would not be built until after the Council meeting. Mr. Chris Wiebe attended to request a solution to the issues at the Woodside Park facility. Mr. Wiebe proposed a number of solutions including: restricting use of Field 2 to six days per week during three of which usage would stop at 9:00 p.m., the other three days usage would stop at 6:00 p.m.; decrease activity level on Field 2 through reduced bookings; and, proceed with a landscape barrier rather than the proposed fences. In response to questions, Mr. Wiebe advised half of the 18 units on Highland Road do not want the solid wood acoustic fence to be erected, six do want the fence, and three have not responded. He acknowledged shrubbery would take years to grow but reduction of activity at the park would alleviate some concerns while growth takes place. He added that City Staff has been communicative; however, construction of the fence was not communicated to residents. Further, the residents would like less activity in the park and the planting of shrubbery as an alternative to the fence. COUNCIL MINUTES AUGUST 27, 2012 191CITY OF KITCHENER - - Mr. Greg Hummel, Manager of Parks Planning, Development & Operations, advised staff has been working with residents to alleviate concerns. He added user groups want to utilize these fields and the options presented by Mr. Wiebe represent a potential of $115,000 in lost revenue. Mr. Hummel further indicated he is currently working with the user groups to modify the scheduling for next year. In response to questions, Mr. Hummel indicated that grass fields within the City of Kitchener are typically booked for 450 hours per season, whereas the synthetic fields are booked for 2000-2700 hours. He added that the City has budgeted for 1200 hours on the fields at Woodside Park and this is the first year the facility has been in use. He advised with regard to intrusive lighting, light spillage was a concern in the previous diamond and as a result the new fields have shielded lighting which projects less than a streetlight. He advised netting was being erected on the top of the existing chain link; however, as the installation continued there was concern about damaging the existing fence and as a result the netting remains incomplete. Mr. Hummel indicated all user groups have been communicated with and a permit has been revoked due to inappropriate behavior. He added, in order to be proactive, staff will be communicating at the year-end meeting in November. He continued that Woodside Avenue has consistently been used for overflow parking; however, the new lot has doubled the amount of parking spaces as the previous park. Mr. Hummel addressed concerns regarding smell by advising 80 percent of the odor is expected to dissipate after the first year; the smell is typically the result of grooming and working the fields in during the first year. He added in terms of privacy, planting shrubbery had been investigated; however, because of the long dry summer, plant material has not been abundant. The option of constructing an acoustic fence on the city-owned side of the property line was communicated to the residents via email on August 7, 2012. Mr. Hummel has heard from five residents who do want the fence and seven who are opposed. In response he agreed to fasten the netting to the posts and not install fence boards. Questions were raised about noise remediation and whether the players’ benches could be moved or shrouded. Mr. Hummel responded the setback for the benches is 6m from the property line and 3m to the edge of the field. He added that although the benches are sheltered, they do not provide a solid noise barrier. Moved by Councillor F. Etherington Seconded by Councillor S. Davey “That the acoustical fence, landscape plantings and netting planned for Woodside Park adjacent to the properties fronting Highland Road East, be completed; and further, That staff continues to work with the Highland Road East residents backing onto Woodside Park and user groups to mitigate issues of noise and negative behaviour including, as much as possible, reduced use of Field No. 2.” Carried Unanimously. Council considered Community Services Department report CSD-12-115 (T. Beckett) listed as Item 7 (a) under Unfinished Business regarding potential amendments to Chapter 711 of the Municipal Code (Burning – Fires – Open Air) to further regulate open air burning. Fire Chief T. Beckett provided an overview of the recent amendments to Municipal Code Chapter 711 and the requests from Council at the meeting of June 25, 2012. He indicated the immediate changes were a time limitation for backyard fires to 7:00 p.m. to 11:00 p.m. and to expand the setback to 6m from 5m. He advised that open air fire complaints have been a priority and in total 270 complaints were received with 27 charges laid. He added that By-law Enforcement staff has increased their shifts, resulting in a $9,000 cost in order to meet the expectation of Council with regard to fire complaints. In regard to Council’s request to investigate other options, Chief Beckett advised that should a six-fire limit and permitting system be implemented, it would be difficult to enforce and the permit system would not be cost effective although a full in-depth analysis would be required to gauge the implications of a permit system. He continued that examination of neighboring municipalities determined both Cambridge and Waterloo do not permit back yard recreational fires; both municipalities allow outdoor burning by permit for non-recreational outdoor burning of trees / brush or clearing of property similar to the permits available for issuance by the Fire Chief in the City of Kitchener under the current by-law. He added that both municipalities have increased setbacks which essentially have eliminated residential open air burning. COUNCIL MINUTES AUGUST 27, 2012 192CITY OF KITCHENER - - In response to questions, Chief Beckett advised that in order to issue tickets versus summons to court, the By-law would need to be formalized and a set fines application submitted for approval by the Ministry of the Attorney General. He indicated that increased enforcement would require additional resource allocation of $29,000 as enforcement officers who typically respond to noise complaints are also those who respond to fire complaints. Chief Beckett concluded by posing five options for the consideration of Council: direct staff to engage in public consultation; further amend Municipal Code Chapter 711 to address nuisance and environmental concerns; maintain amendments to Municipal Code Chapter 711 in effect since June 25, 2012; amend Municipal Code Chapter 711 to the state prior to June 25, 2012 with setbacks of 5m and no restrictions of hours on burning; and, consideration be given to additional enforcement resources to allow for dedication to fire nuisance calls. In response to questions regarding further amendments, Chief Beckett responded that options include examining larger setbacks, limiting the times or days or amount of time permitted to burn. He added that the Fire Prevention and Protection Act allows for regulation but not prohibition of open air fires. Questions were raised about enforcement and the effectiveness of the summons process to court. Mr. S. Turner, Director of Enforcement, advised the ticketing process is more effective as not all tickets issued go to court and set fines provide an efficient method with an option to go to court or issue the fine. Councillor P. Singh inquired if the cost of the increased resources would be offset by issuing tickets. Mr. Turner responded that fines would provide revenue; however, the long term goal is to eliminate violations through effective enforcement. Councillor F. Etherington inquired if a small minority is in violation of the by-law, is it possible to bill for the cost of the fire truck, inspection and enforcement rather than issue a ticket. Mr. Turner responded it may be possible under the by-law but further legal advice would be required before commenting on cost recovery. Councillor S. Davey asked for clarification for the process of revocation of privileges for those in violation of the by-law. Mr. Turner indicated that if a person is convicted, it is possible to look at invoking a ban on the property. Ms. Ingrid Sienerth addressed Council in support of banning solid-fuel open air burning to reduce air pollution, improve air quality and to protect human health. Ms. Sienerth distributed material detailing her position, including a suggestion to amend the City of Kitchener’s open air burning by-law to align with the by-laws in force in Cambridge and Waterloo. Ms. Hazel Sheard attended in support of maintaining the open air burning by-law with a small reduction in time with no increase in setbacks. Ms. Sheard brought with her a copy of the online petition she created which gathered approximately 2500 names in support of open air burning. She indicated recreational fires are community building and rather than impose a stricter by-law, the use of common sense and courtesy between neighbours should prevail. Mr. Adam Smith attended in opposition to banning open air burning. Mr. Smith indicated he had signed the petition and that banning outdoor fires is equivalent to banning cigarette smoking on one’s own property. Ms. Dawn Wentzell attended in support of the by-law before it was amended on June 25, 2012. Ms. Wentzell commented that a small minority are ruining recreational fires for all. In her opinion, the existing by-law is effective but noted that increasing enforcement may be necessary to curtail violations. Mr. Dan Carli attended in support of the current by-law. He feels that back yard fires bring neighbours together and suggested a limitation in burning time to Thursday through Sunday, 7:00 p.m. to 11:00 p.m. as a compromise. COUNCIL MINUTES AUGUST 27, 2012 193CITY OF KITCHENER - - Ms. Jennifer Ball attended in support of the current by-law. Ms. Ball advised back yard fires are a social activity and provide an economical gathering place. She added that she understands the concern with health related issues caused by the by-products but education and cognizance can help, as can the limitation to evening burning, 7:00 p.m. to 11 p.m., as an environmental courtesy. Ms. Linda Ockwell-Jenner attended in support of recreational fires advising she is an asthmatic and breast cancer survivor. Ms. Ockwell-Jenner suggested creating a by-law awareness program to prevent violations which take place due to ignorance or unawareness of open air fire regulations. Ms. Ockwell-Jenner indicated limitation of burning time to 7:00 p.m. to 11 p.m. would be desirable. Ms. Naila Jusufagic attended in support of banning open air burning. Ms. Jusufagic detailed health hazards which come from exposure to wood smoke. She advised several respiratory conditions as well as cancer can be attributed to wood smoke exposure, adding that wood smoke causes 40 times more cell damage than second hand cigarette smoke. Mr. Mike Hughes attended in support of the recreational open air burning in a controlled environment. Mr. Hughes indicated he has fires regularly and has never had a complaint. He acknowledged the issue is a matter of courtesy to neighbours and recognizes the value of having a mechanism for enforcement. Councillor D. Glenn-Graham inquired if by-laws are enforced on a complaint basis or if enforcement officers are proactive in seeking violations. Mr. Turner responded enforcement takes place on a proactive basis for some by-laws such as parking; however, enforcement can be proactive or reactive under the direction of Council. Councillor S. Davey raised a concern regarding revoking burning privileges suggesting some complaints may be unwarranted; and therefore, individuals in compliance may unjustly have privileges revoked due to complaints from neighbours. Mr. Turner responded that mediation is part of enforcement and elaborated that revocation is not a required action but rather an option under the by- law when dealing with nuisance smoke. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor F. Etherington, to amend Municipal Code Chapter 711 (Burning – Fires – Open Air) to limit recreational fires to the hours of 6:00 p.m. to 11:00 p.m.; to revert back to 5m setback rather than 6m; to provide processes for staff to deal with chronic violators of Chapter 711; to direct staff to increase enforcement during peak hours and apply to the Ministry of Attorney General for set fines in order to ticket violators. Staff is also directed to investigate cost recovery for costs incurred by the Fire Department and to develop a communication plan. The amended by-law would come back to Council in March 2013 with an effective date of April 1, 2013. Councillors J. Gazzola, D. Glenn-Graham and Z. Janecki spoke in opposition to the proposed motion, indicating a preference to effectively ban residential fires and enforce on a complaint driven basis. Councillor B. Ioannidis expressed support of the amendment to Chapter 711 of the Municipal Code and asked that staff investigate the feasibility of implementing an outdoor gas fireplace program which was accepted as a friendly amendment by Councillor B. Vrbanovic. A motion by Councillor K. Galloway, seconded by Councillor S. Davey was brought forward to amend Councillor Vrbanovic’s motion to provide that the reduction in setbacks be effective immediately. CARRIED Councillor Galloway’s amendment was then voted on and on a recorded vote with Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, K. Galloway, F. Etherington, S. Davey and B. Vrbanovic voting in favour; and Councillors Y. Fernandes, Z. Janecki and J. Gazzola voting in opposition. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington “That a by-law with an effective date of April 1, 2013 to amend Chapter 711 of the Municipal Code (Open Air Burning) by limiting the hours for recreational fires between 6:00 p.m. and 11:00 p.m. and, to provide processes for staff to deal with chronic violators of Chapter 711, be presented for Council’s consideration prior to March 1, 2013; and, COUNCIL MINUTES AUGUST 27, 2012 194CITY OF KITCHENER - - That a by-law to amend Chapter 711 of the Municipal Code (Open Air Burning) changing the distance separation of an open fire from any property line, building and/or other combustible article from 6 metres to 5 metres; be given three readings this date; and, That staff be directed to: increase enforcement of Chapter 711 during peak hours; apply to the Ministry of the Attorney General for set fines; investigate cost recovery for costs incurred by Fire Services with respect to Chapter 711; and, develop a communication plan to provide information to the public regarding open air fires; and further, That staff be directed to examine the feasibility of implementing an outdoor gas fireplace program and report back to Council in March 2013. Voted on clause by clause. Carried on a recorded vote Paragraphs 1 to 3 – . In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. Ioannidis, K. Galloway, F. Etherington, Y. Fernandes, S. Davey and P. Singh Contra : Councillors D. Glenn-Graham, J. Gazzola and Z. Janecki. Carried on a recorded vote Paragraph 4 – . In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. Ioannidis, K. Galloway, F. Etherington, Y. Fernandes, S. Davey, J. Gazzola, Z. Janecki and P. Singh Contra : Councillors D. Glenn-Graham Council considered Infrastructure Services Department report INS-12-070 (J. Joseph) listed as Item B.3 on the Committee of the Whole Agenda regarding the Chief Coroner’s report related to cycling deaths in Ontario. Mr. Tim Kenyon addressed Council in regard to the Coroner’s Report on Cycling Deaths in Ontario from January 1, 2006 to December 31, 2010 and asked Council to approve the recommendations of the Cycling Advisory Committee. He noted that the report emphasizes a wide range of infrastructure commitments including the “Complete Streets” approach. He elaborated that some multi-use trails lead to roadways where curbs are not cut and are without signage to indicate an intersection with a multi-use trail. Mr. Kenyon urged Council to take a leadership role to develop a coordinated cycling plan with the Province. Mr. Mike Boos, Tri-Cities Transport Action Group (TriTAG), attended in support of the recommendations within the report. Mr. Boos explained that TriTAG was founded on the principle of active transportation and transit. He indicated that TriTAG supports the Complete Streets approach and would like Council to endorse lifesaving measures as well as reaffirm the commitment to the Cycling Master Plan. He added that with clear by-laws and better infrastructure, cycling becomes a safer activity. In response to questions, Mr. Boos confirmed he does not support mandatory helmet legislation. TriTAG has reviewed the practices in other countries and, in their estimation mandatory helmets discourage cycling with little evidence that safety is improved. Councillors J. Gazzola and Z. Janecki indicated they are in support of the first two paragraphs within the recommendation and would like to separate the motion. Concern was expressed that the implications are unclear should Council take a leadership role as indicated in the motion. Councillor K. Galloway then suggested that the third paragraph of the motion be changed by deleting the word “adoption” and replacing it with “continuation”. COUNCIL MINUTES AUGUST 27, 2012 195CITY OF KITCHENER - - Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway “That the recommendations contained in the report from the Office of the Chief Coroner for Ontario titled, ‘Cycling Death Review: A Review of All Accidental Cycling Deaths in Ontario from January 1, 2006 to December 31, 2010’ be endorsed; and, That correspondence be sent to the Province of Ontario requesting action on the report’s recommendations, beginning with creation of an Ontario Cycling Plan to guide the development of policy, legislation and regulations and the commitment of infrastructure funding to support cycling in Ontario; and, That the City of Kitchener take a leadership role by moving forward with implementation of those of the report’s recommendations that relate directly to municipalities, including: Continuation of a “complete streets” approach – focused on the safety of all road users - to guide the redevelopment of existing communities and the design of new communities throughout Ontario. A comprehensive review of city bylaws with respect to cycling and cyclists to ensure they are consistent, understandable and easily promoted and enforced. Review of local data related to cycling injuries and fatalities to identify and address opportunities for targeted education, public safety interventions and enforcement activities; and further, That correspondence be sent to the Regional Municipality of Waterloo and the regional lower- tier municipalities encouraging the Municipalities to undertake similar actions to endorse the report’s recommendations.” Voted on clause by clause. CarriedUnanimouslyon a Paragraphs 1 and 2 – recorded vote. Carried on a recorded vote. Paragraphs 3 and 4 – In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. Ioannidis, K. Galloway, F. Etherington, Y. Fernandes, S. Davey and P. Singh Contra : Councillors D. Glenn-Graham, J. Gazzola and Z. Janecki. Carried. Council considered Finance and Corporate Services Department report FCS-12-151 (C. Shantz) listed as Item 7 (b) under Unfinished Business regarding Committee of Adjustment recommendation related to 289 Overlea Drive. Councillor Z. Janecki advised that he is not in support of the recommendation explaining that the 12 ft. high fence was constructed under misdirection by staff and when the matter went through the Committee of Adjustment process, various property owners submitted concerns. Councillor Janecki advised he was speaking on behalf of property owners who have not appeared at the Committee of Adjustment or at Council because they have felt intimidated. Moved by Councillor B. Ioannidis Seconded by Councillor S. Davey ‘That the application of Jose DaSilva (FN 2012-002 – 289 Overlea Drive) requesting legalization of an existing wooden privacy fence having a height of 3.65m (11.98 ft.) rather than the permitted BE APPROVED 2.44m (8.0 ft.), on Lot 29, Plan 1324, 289 Overlea Drive, Kitchener, Ontario, .’ COUNCIL MINUTES AUGUST 27, 2012 196CITY OF KITCHENER - - A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. Ioannidis, D. Glenn-Graham, K. Galloway, F. Etherington, S. Davey and P. Singh Contra : Councillors Y. Fernandes, J. Gazzola and Z. Janecki. 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 C. Zehr advised that Item i) listed on the agenda regarding ornamental lighting has been withdrawn. In response to questions, Mr. Gordon advised that the number of bridges to be inspected is 121 and an inspection of the bridges is required every three years. Mr. Gordon also agreed to look at cost savings with the possibility of partnering for with the Region of Waterloo for inspections. Moved by Councillor K. Galloway Seconded by Councillor P. Singh AECOM, “That Expression of Interest E12-065 – Bridge Inspection 2012, be awarded to Kitchener, Ontario at their estimated fee of $34,500., including contingencies of $3,450. plus H.S.T. of $4,933.50, for a total of $42,883.50, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Supply Services be authorized to execute an agreement satisfactory to the City Solicitor.” 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 9 be voted on separately as she has concerns with the installation of a three-way stop at this time and suggested waiting until the three-way stop until Templewood Drive is completed. Mr. Jim Witmer, Interim Deputy CAO, Infrastructure Services, responded that the criteria for the three-way stop has been met with current traffic warrants. He added any traffic generated by improvements to Templewood Drive would be in addition to the trips measured to meet the criteria. Voted on Clause by Clause. Carried, as Amended, on a recorded Clause 9– vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. Ioannidis, D. Glenn-Graham, K. Galloway, F. Etherington, , S. Davey and P. Singh Contra : Councillors Y. Fernandes, B. Vrbanovic and Z. Janecki. Carried. Balance of report - COUNCIL MINUTES AUGUST 27, 2012 197CITY OF KITCHENER - - Moved by Councillor S. Davey Seconded by Councillor P. Singh “That the report of the Finance and Corporate Services Committee be adopted.” Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “That the report of the Planning & Strategic Initiatives Committee be adopted.” Councillor B. Vrbanovic spoke to Clause 4 and advised that in order to provide additional time to conduct a cost analysis for a peer review, staff be directed to return to the September 24, 2012 Planning and Strategic Initiatives Committee meeting. Carried. Moved by Councillor S. Davey Seconded by Councillor K. Galloway “That the report of the Audit Committee be adopted.” Carried. Councillor Y. Fernandes advised she was looking for Council support for her request to staff for information on the Doon South - Brigadoon Transportation Network and Corridor Study. Mr. J. Witmer, Interim Deputy CAO, Infrastructure Services, advised Council support is requested if significant staff resources are to be allocated to research. Mayor C. Zehr suggested a deferral to the September 10, 2012 special Meeting of Council to allow for staff to determine how much time would be required to research and gather the information requested by Councillor Fernandes. Mayor C. Zehr advised that in accordance with Municipal Code Chapter 25.4.18 (Termination of Council Proceedings) the proceedings of Council on any day shall be terminated by midnight, unless such proceedings are continued after such hour with the unanimous consent of the members present. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn-Graham “That approval be given for this meeting of Council to continue past midnight.” Carried Unanimously. Council agreed to the request of Mr. R. Gosse, City Clerk, to add five additional by-laws for three readings this date, relative to zone changes noted in Clauses 1, 2 and 3 of the Planning and Strategic Initiatives Committee report, a Part Lot Control by-law for lands on Old Zeller Drive and an amendment to Chapter 711 of the Municipal Code regarding open air burning. 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 designate private roadways as fire routes and to prohibit parking thereon. (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. COUNCIL MINUTES AUGUST 27, 2012 198CITY OF KITCHENER - - (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (f) Being a by-law to provide for the establishing and laying out Chandler Drive, as a public highway, in the City of Kitchener. (g) Being a by-law to close part of the public highway known as Chandler Drive, in the City of Kitchener. (h) Being a by-law to provide for the establishing and laying out of part of Thomas Slee Drive as a public highway in the City of Kitchener. (i) Being a by-law to provide for the establishing and laying out of part of Gravel Ridge Trail and Eliza Avenue as public highways in the City of Kitchener. (j) Being a by-law to exempt certain lots from Part Lot Control – Part Lots 1 to 6 inclusive, 9 to 14 inclusive, 19, 20 and 23 to 30 inclusive, Registered Plan 58M-531 – Maitland Street. (k) Being a by-law to exempt certain lots from Part Lot Control – Part Lot Control – Part Lots 1 to 6 inclusive and 9 to 14 inclusive, Registered Plan 58M-530 – Maitland Street. (l) Being a by-law to exempt certain lots from Part Lot Control – part of Lots 5,6,10, 11, 15, 16, 19, 20, 29 to 37 inclusive, 42 to 45 inclusive, 48-51 inclusive, 56 to 59 inclusive, 62 to 66 inclusive, 69 to 72 inclusive and 75 to 77 inclusive, Registered Plan 58M-542 – 342 Mill Street. (m) To confirm all actions and proceedings of the Council. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 603489 Ontario Inc. – Rauch Court. (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – The INCC Corp. – The Boardwalk. (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 1397187 Ontario Limited – 645 Victoria Street North. (q) Being a by-law to exempt certain lots from Part Lot Control – Blocks 1, 2, 3, 4 and 6, Registered Plan 58M-369 – Old Zeller Drive. (r) Being a by-law to amend Chapter 711 of the City of Kitchener Municipal Code with respect to Open Air Burning. 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 Y. Fernandes as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. COUNCIL MINUTES AUGUST 27, 2012 199CITY OF KITCHENER - - Moved by Councillor B. Vrbanovic 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 designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2012-103) (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. 2012-104) (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. 2012-105) (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2012-106) (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2012-107) (f) Being a by-law to provide for the establishing and laying out Chandler Drive, as a public highway, in the City of Kitchener. (By-law No. 2012-108) (g) Being a by-law to close part of the public highway known as Chandler Drive, in the City of Kitchener. (By-law No. 2012-109) (h) Being a by-law to provide for the establishing and laying out of part of Thomas Slee Drive as a public highway in the City of Kitchener. (By-law No. 2012-110) (i) Being a by-law to provide for the establishing and laying out of part of Gravel Ridge Trail and Eliza Avenue as public highways in the City of Kitchener. (By-law No. 2012-111) (j) Being a by-law to exempt certain lots from Part Lot Control – Part Lots 1 to 6 inclusive, 9 to 14 inclusive, 19, 20 and 23 to 30 inclusive, Registered Plan 58M-531 – Maitland Street. (By-law No. 2012-112) (k) Being a by-law to exempt certain lots from Part Lot Control – Part Lot Control – Part Lots 1 to 6 inclusive and 9 to 14 inclusive, Registered Plan 58M-530 – Maitland Street. (By-law No. 2012-113) COUNCIL MINUTES AUGUST 27, 2012 200CITY OF KITCHENER - - (l) Being a by-law to exempt certain lots from Part Lot Control – part of Lots 5,6,10, 11, 15, 16, 19, 20, 29 to 37 inclusive, 42 to 45 inclusive, 48-51 inclusive, 56 to 59 inclusive, 62 to 66 inclusive, 69 to 72 inclusive and 75 to 77 inclusive, Registered Plan 58M-542 – 342 Mill Street. (By-law No. 2012-114) (m) To confirm all actions and proceedings of the Council. (By-law No. 2012-115) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 603489 Ontario Inc. – Rauch Court. (By-law No. 2012-116) (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – The INCC Corp. – The Boardwalk. (By-law No. 2012-117) (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 1397187 Ontario Limited – 645 Victoria Street North. (By-law No. 2012-118) (q) Being a by-law to exempt certain lots from Part Lot Control – Blocks 1, 2, 3, 4 and 6, Registered Plan 58M-369 – Old Zeller Drive. (By-law No. 2012-119) (r) Being a by-law to amend Chapter 711 of the City of Kitchener Municipal Code with respect to Open Air Burning. (By-law No. 2012-120) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 12:10 a.m. MAYOR CLERK COUNCIL MINUTES AUGUST 27, 2012 201CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That Demolition Control Application DC12/14/G/ATP requesting permission to demolish one (1) single detached dwelling located at 99 Gage Avenue, owned by 2329204 Ontario Inc., be approved without conditions. 2. 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 a special event on September 9, 2012 from 12:00 p.m. to 10:00 p.m. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to RBJ Schlegel Holdings for their Williamsburg Community Festival 2012 on September 9, 2012, from 9:00 a.m. to 4:00 p.m. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K-W Oktoberfest Inc. for a series of events being held at various clubs between October 5 and October 13, 2012, as outlined in the letter from K-W Oktoberfest Inc., dated May 28, 2012, attached to Community Services Department report CSD-12-120. 5. That effective January 1, 2013, parking be prohibited at anytime (year-round) on the south side (odd number side) of Melrose Avenue from Krug Street to Stirling Avenue; and further, That the Uniform Traffic By-law be amended accordingly. 6. That parking be prohibited on both sides of Helena Feasby Street between Max Becker Drive and Riehm Street; and further, That the Uniform Traffic By-law be amended accordingly. 7. That parking be permitted for two (2) consecutive hours, 8:00 a.m. - 12 midnight Monday - Saturday on the south side of Michael Street, east side of Linden Avenue and north side of Oak Street, along with including all three (3) roadways in the no re-parking area in the Downtown; and further, That the Uniform Traffic By-law be amended accordingly. 8. That parking be prohibited at any time on the west side of Executive Place from a point 270 metres south of New Dundee Road to the south limit of Executive Place; and, That parking be prohibited at any time on the east side of Executive Place from a point 270 metres south of New Dundee Road to the south limit of Executive Place; and further, That the Uniform Traffic By-law be amended accordingly. 9. That an all-way stop control be installed at the intersection of Old Huron Road and Battler Road; and further, That the Uniform Traffic By-law be amended accordingly. (Carried, as Amended, on a recorded vote) 10. That an all-way stop be installed at the intersection of Country Hill Drive and Old Country Drive; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES AUGUST 27, 2012 202CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 11. That the Ministry of Transportation and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 (Construction Work) during the repair and resurfacing work of Highway 85 from Krug Street to 0.4 km north of Regional Road 15 (King Street), in the City of Kitchener, Ministry of Transportation W.P 168-89-00. The request for the noise by-law exemption is only between the hours of 7:00 p.m. to 7:00 a.m. for the period from October 1, 2012 to November 30, 2014. 12. That the closure of portions of Tilt Drive, from Robert Ferrie Drive to Stauffer Drive, Stauffer Drive from Tilt Drive to Caryndale Drive and Groh Drive from Stauffer Drive to Dodge Drive as indicated in Infrastructure Services Department report INS-12-063, Schedule “A”, be approved in principle, and that Legal Services be instructed to obtain a reference plan and proceed with the preparation and advertising of a By-law to close those parts of Tilt Drive, Stauffer Drive and Groh Drive. To permanently prohibit all motor vehicle traffic from using that part of the public highways known as Tilt Drive, Stauffer Drive and Groh Drive, subject to the following condition: That the portion of Tilt Drive, Stauffer Drive and Groh Drive to be closed, to be further described on a Reference Plan to be prepared, be declared surplus to the City’s needs for the purpose of conveying possible easements for the affected agencies; and further, That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to close the portions of Tilt Drive, Stauffer Drive and Groh Drive to convey the required easements over the portion of roads as required. 13. That the Manager of Cemeteries or designate be delegated the authority to sign agreements respecting the provision and receiving of cemetery services and goods provided that such agreements are satisfactory to the City Solicitor. 14. That Compass Kitchener be granted an extension from September 10, 2012 to the October 15, 2012 Standing Committee meeting for a report on the results of the Local Environmental Action Fund (LEAF) community consultation. 15. That no action be taken with respect to the Monarchist League of Canada’s request to rename the park with lands fronting onto Queen Street North commonly referred to as Civic Centre Park to Queen Elizabeth II Park in honour of the Diamond Jubilee of our Head of State, Queen Elizabeth II. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on October 17, 2012. 2. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 5 to October 17, 2012 at Bingeman’s Marshall Hall, 425 Bingemans Centre Drive, Kitchener. 3. That the lease to the business, known as “Feelings From the Heart” to operate two wedding chapels at City Hall be approved for renewal for an additional three year period commencing on the first day of September, 2012 until August 31, 2015, and that the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor. 4. That the revised Terms of Reference for the Economic Development Advisory Committee be approved; and further, That the revised Terms of Reference for the Downtown Advisory Committee, including a name change to Downtown Action and Advisory Committee, be approved. COUNCIL MINUTES AUGUST 27, 2012 203CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 5. That staff be directed to prepare potential budget reduction issue papers to be presented as part of the 2013 budget process, with consideration being given to the following priority service areas and cost types: a) # PRIORITY SERVICE AREAS 97 CAO ADMINISTRATION 6 MARKET 76 INFORMATION TECHNOLOGY 79 HUMAN RESOURCES 107 OPERATIONS ADMIN SUPPORT 48 CENTRE IN THE SQUARE 111 CAPITAL OUT OF CURRENT 94 LEGAL 8 FIRE SUPPRESSION 42 COMMUNITY CENTRES (FM) 9 FIRE ADMINISTRATION 90 LS ADMIN 99 FCS ADMIN 2 DOWNTOWN DEVELOPMENT 52 WINTER MAINTENANCE – ROADS 110 GRANTS 88 MAYOR AND COUNCIL 14 ALARM MONITORING 62 WINTER MAINTENANCE – SIDEWALKS 23 SPECIAL EVENTS and ;, b) COST TYPES Conference Costs (Staff and Council) Salary Freeze (Management and Council) Overtime /Absenteeism /Lost Time Claims Council Home Technology Costs 6. That in addition to public engagement methods already employed, namely: holding all budget meetings in an open and public format, receiving public feedback through mail, phone, email, Facebook and Twitter, soliciting representative citizen input through a 2013 budget survey, publishing content in Your Kitchener, and holding a dedicated public delegation forum where individuals may address council directly, staff be directed to implement the following additional public engagement processes as part of the 2013 budget process: an interactive budget website including content such as frequently asked questions, a tax rate increase scenario calculator, and potential reduction options voting tool; a social media event whereby citizens can contact staff directly regarding the 2013 budget to ask questions and make comments; and further, That staff be directed to report back to Council on citizen feedback received through these channels throughout the course of the 2013 budget process. COUNCIL MINUTES AUGUST 27, 2012 204CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That Zone Change Application ZC12/11/R/MV for the subject lands (3-16 Rauch Court, 603489 Ontario Inc.), for the purpose of changing the zoning from Arterial Commercial Zone (C-6) to Residential Four (R-4), in the City of Kitchener, be approved in the form shown in the “Proposed By-law” dated July 7, 2012 attached to Community Services Department report CSD-12-101 as Appendix “A”. 2. That Zone Change Application ZC12/13/T/JVW (The Boardwalk, The INCC Corp.) to remove Holding Provision 58H be approved in the form shown in the attached “Proposed By-law” dated August 13, 2012, attached to Community Services Department report CSD-12-107 as Appendix “A”. 3. That Zone Change Application ZC12/09/V/ATP for the subject lands (1397187 Ontario Ltd., 645 Victoria Street North), for the purpose of changing the zoning from Arterial Commercial Zone (C-6) to Arterial Commercial Zone (C-6) with a Special Use Provision 423U to add “Sale of Sports Collectibles and Memorabilia” as a permitted use on the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, be approved in the form shown in the “Proposed By-law” dated July 12, 2012 attached to Community Services Department report CSD-12-105 as Appendix “A”. 4. That the recommendation contained within Community Services Department report CSD-12- 106 pertaining to an Official Plan Amendment and Zone Change for 1011 Homer Watson deferred to the September 24, 2012 Planning & Strategic Initiatives Boulevard be Committee meeting to allow staff to respond to the proponent’s submission, including the impact of reorienting the commercial development to Bleams Road with a reduction of the overall size of the proposal and further, return to the September 24, 2012 Planning and Strategic That staff be directed to Initiatives Committee meeting with cost analysis and time line to conduct a peer review of South Kitchener Retail Market Demand and Impact Analysis theprepared by Kircher Research dated January 17, 2011. (Carried, as Amended) AUDIT COMMITTEE – 1. That the 2011 Audited Financial Statements of the City of Kitchener be approved. COUNCIL MINUTES AUGUST 27, 2012 205CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – 1.Various Tenders Dealt with under Delegations. 2.INS-12-068 – Waterloo Regional Consolidated Courthouse Cost Sharing of Streetscape Elements Council considered Infrastructure Services Department report INS-12-068 (G. Hummel), dated August 3, 2012. It was resolved: “That the City of Kitchener provide the Ministry of the Attorney General’s Office the payment of $146,196.30 with respect to the maintenance, lifecycle replacement and repair service for the Waterloo Regional Consolidated Courthouse (WRCC) sidewalks and municipal rights-of-way for a 30 year period following substantial completion of the WRCC; and That the Mayor and Clerk be authorized to enter into a development agreement, encroachment agreement and cost sharing agreement to the satisfaction of the City Solicitor.” 3.INS-12-070 – Review of Coroner’s Report on Cycling Deaths in Ontario Dealt with under Delegations. 4.FCS-12-146 – Uncollectable Utility Accounts Write-off Council considered Finance and Corporate Services Department report FCS-12-146 (S. Saleh), dated August 17, 2012. It was resolved: “That uncollectable Utility Accounts amounting to $60,815 be written off against the Allowance for Doubtful Utility Receivables.” 5.FCS-12-147 – Uncollectable Miscellaneous Receivable Accounts Write-off Council considered Finance and Corporate Services Department report FCS-12-147 (S. Saleh), dated August 17, 2012. It was resolved: “That uncollectable Miscellaneous Receivable Accounts amounting to $35,402 be written off against the Allowance for Doubtful Receivables.” COUNCIL MINUTES AUGUST 27, 2012 206CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 6.FCS-12-150 – Application for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS-12-150 (J. Evans), dated August 21, 2012. It was resolved: “That the applications to City Council for cancellation, reduction, refund of taxes totalling $389,655.56 as attached to Finance and Corporate Services Department report FCS- 12-150, be approved, pursuant to Section 357 of the Municipal Act.” 7.CSD-12-131 – Noise Exemption Request – Kitchener Harley Davidson Council considered Community Services Department report CSD-12-131 (S. Turner), dated August 20, 2012. Councillor Gazzola encouraged Kitchener Harley Davidson to communicate with their neighbours regarding the annual summer event taking place September 8, 2012. Mr. S. Turner advised that the event will be taking place during business hours this year, ending at 6:00 p.m., which is different than in past years when parking and noise disruptions have occurred. It was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Kitchener Harley-Davidson at 2255 Kingsway Drive on September 8, 2012, from 12:00 p.m. to 6:00 p.m.” 8.CSD-12-130 – Noise Exemption Request – Kitchener Portuguese Club Council considered Community Services Department report CSD-12-130 (S. Turner), dated August 20, 2012. It was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Portuguese Club for a mass celebration at their church located at 300 Simeon Street, on September 1, 2012 from 8:00 p.m. to 9:30 p.m., and September 2, 2012, from 11:00 a.m. and 12:30 p.m.” 9.CSD-12-132 – Noise Exemption Request – 18 St. Clair Avenue Council considered Community Services Department report CSD-12-132 (S. Turner), dated August 20, 2012. It was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Tracy Derry for a private party to be held at 18 St. Clair Avenue on September 15, 2012, from 3:00 p.m. to 11:00 p.m.” COUNCIL MINUTES AUGUST 27, 2012 207CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 10.CSD-12-129 – Noise Exemption Request – 423 Lawrence Avenue Council considered Community Services Department report CSD-12-129 (S. Turner), dated August 20, 2012. It was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sherry Landry for a special event to be held at 423 Lawrence Avenue on September 1, 2012 from 2:00 p.m. to 8:00 p.m.” 11.FCS-12-148 – CAO Approved Tenders Council received Finance and Corporate Services Department report FCS-12-148 (L. Gordon), dated August 20, 2012 as information. 12. CAO-12-035 – Rooftop Solar Applications under the Provincial Feed in Tariff (FIT) Program Council considered Chief Administrator’s Office report CAO-12-035 (R. Regier), dated August 21, 2012, circulated this date. It was resolved: “WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar generation projects (the "Projects"); and, WHEREAS one or more Projects may be constructed and operated in the City of Kitchener; and, WHEREAS, pursuant to the rules governing the FIT Program (the “FIT Rules”), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in these Applicants being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Kitchener supports without reservation the construction and operation of the Projects anywhere in the City of Kitchener. This resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose. This resolution shall expire twelve (12) months after its adoption by Council.”