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HomeMy WebLinkAboutCouncil - 2012-09-17 COUNCIL MINUTES SEPTEMBER 17, 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 Pareesa Koussari, King School of Vocal. On motion by Councillor K. Galloway the minutes of the regular meeting held August 27, 2012 and special meeting held August 27, 2012, as mailed to the Mayor and Councillors, were accepted COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Mr. Ian Tarrant, Chairman, and Ms. Faith Hieblinger, Executive Director, Homer Watson House & Gallery, were in attendance and presented Canadian Heritage Diamond Jubilee pins, limited matted reproductions and two framed reproductions to acknowledge Council’s contribution and participation in the Diamond Jubilee Community Celebrations. Ms. Hieblinger advised that the reproductions are of two of Homer Watson’s works commissioned by Queen Victoria entitled “Last Day of the Drought” and “Pioneer Mill”. Hildy and James Nickel were in attendance in support of Committee of Adjustment Submission No. FN 2012-005 requesting a variance for an existing seven-foot high fence at 47 Gravel Ridge Trail, listed as Item B.2 i) on the Committee of the Whole agenda. Ms. Nickel advised that the subject property is located at the corner of Gravel Ridge Trail and Melinda Street, adding that the City’s Building, Traffic and Engineering staff all indicated that they had no objection to the proposed variance. Mr. Peter D’Souza addressed Council in opposition to the proposed fence variance on behalf of his brother-in-law, whose property abuts the rear-yard of 47 Gravel Ridge Trail. He stated that while the fence does not pose a traffic impediment, it does impede the vision of someone who is backing a vehicle out of his brother-in-law’s driveway. He expressed concerns regarding the safety hazard presented by the subject fence and suggested that it should be lowered or moved to improve visibility of the sidewalk. In response to questions, Mr. M. May, Deputy CAO, Community Services Department, advised that staff conducted a site visit and found that the existing fence maintains the intent of the Fence By-law in terms of vehicle and pedestrian safety. A motion was brought forward by Councillor Z. Janecki, seconded by Councillor D. Glenn-Graham, to defer consideration of Committee of Adjustment Submission No. FN 2012-005 (47 Gravel Ridge Trail) to the October 1, 2012 Council meeting to allow time for staff to investigate the need to adjust the height of the fence to alleviate possible safety issues. Councillor K. Galloway advised that at the Committee of Adjustment meeting staff had indicated there were no pedestrian or vehicular safety issues present, as the fence is located outside of the corner visibility triangle and the driveway visibility triangle. LOST Councillor Janecki’s deferral was voted on and on a recorded vote with Councillors Y. Fernandes, D. Glenn-Graham, Z. Janecki, J. Gazzola and P. Singh voting in favour; and, Mayor C. Zehr and Councillors S. Davey, F. Etherington, B. Vrbanovic, B. Ioannidis and K. Galloway voting in opposition. Moved by Councillor K. Galloway Seconded by Councillor S. Davey “That the application of James and Hildy Nickel (FN 2012-005 - 47 Gravel Ridge Trail) requesting permission to legalize an existing 2.133m (7’) high wooden privacy fence having a setback from an exterior side lot line of 0.610m (2.01’) rather than the required 4.57m (15’), on BE APPROVED Lot 30, Registered Plan 58M-451, 47 Gravel Ridge Trail, Kitchener, Ontario, , only as described in the application form and shown on the drawings submitted with the application.” Carried. Mr. Joe St. John, President, Southwest Optimist Club, addressed Council in regards to Clause 8 on the Community and Infrastructure Services Committee report, noting the Club’s continued objection to COUNCIL MINUTES SEPTEMBER 17, 2012 212CITY OF KITCHENER - - having a skate park located at Southwest Optimist Park. He expressed concern with the possibility of vandalism to their Clubhouse as a result of the skate park and that none of the proposed designs include a provision for a public washroom. He highlighted other suitable locations in close proximity to the park and questioned the reasoning behind the proposal to defer this matter when the Club has made it clear that it does not want the skate park. Councillor Y. Fernandes indicated that all of the designs that have been presented to date have been conceptual in nature and are subject to change. She added that the purpose behind the proposed deferral was to allow time for further dialogue to take place with the Southwest Optimist Club. On motion by Councillor K. Galloway, seconded by Councillor B. Ioannidis, Clause 8 of the Community and Infrastructure Services Committee report was brought forward for consideration. Councillor J. Gazzola brought forward an amendment to Councillor Galloway’s motion, which was accepted as friendly, to add a provision to stipulate that the deferral shall not extend beyond June 30, 2013. Moved by Councillor K. Galloway Seconded by Councillor B. Ioannidis “That Clause 8 of the Community and Infrastructure Services Committee report of this date, be adopted as amended.” Carried. Mr. Shafiq Hudda, Islamic Humanitarian Service, addressed Council in opposition to the staff recommendation to refuse Zone Change Application ZC 12/010/W/GS, listed as Clause 1 on the Planning and Strategic Initiatives Committee report. He stated that the application seeks permission to allow a religious institution to occupy 100% of the gross floor area of a future building at 60 Washburn Drive. He advised that the existing zoning only permits a religious institution to take up 25% of the gross floor area for lands that are zoned for industrial use. He indicated that the place of worship would occupy only one-third of the proposed building, with the remaining space being used for a library, administrative offices as well as housing for students of their weekend school. He outlined some of the concerns expressed by City staff; such as, potential parking and loitering issues. Mr. Hudda advised the congregation has been located at 81 Hollinger Crescent for the past ten years, which is also zoned for industrial use; and, during that time, they have never received a complaint from the neighbouring businesses. In response to questions, Mr. Hudda advised that currently their entire 4,000 sq. ft. facility on Hollinger Crescent is being used by the congregation which is comprised of approximately 400 members of which 120-130 are active participants. He stated that the Fire Marshall expressed concern with the number of people using the facility, which was the catalyst for their proposed relocation. He indicated they have been looking to relocate for the past four years, with 15 potential sites being identified across Waterloo Region. He noted that the site on Washburn Drive was selected as approximately 75% of their congregants are within a 15 minute drive of those lands; and this would allow more members to attend their Friday prayers. He stated that one of the main reasons why the subject lands were identified as their preferred option is due to a lack of available lands that can sufficiently accommodate their needs. He spoke to a preference for locating in an industrial area, noting he knows of other mosques located in close proximity to residential areas which have been subject to vandalism. Questions were raised regarding the facility that is proposed for 60 Washburn Drive, and Mr. Hudda advised that the subject parcel of land is approximately 2.9 acres on which they are proposing a three level building totaling 9,000 sq. ft. He added that the building would be built to be as sound proof as possible in order to mitigate any disruptions from the adjacent businesses. He indicated that with respect to the location being employment lands, Islamic Humanitarian Service currently has three full- time and eight part-time employees and the proposed facility would provide for at least two to three additional employment opportunities. He advised they purchased the subject property approximately two years ago after which they contacted City staff; who advised they would not be in support of the proposed zone change application. He noted they were aware of the existing zoning at the time of purchase and indicated that should the requested zone change be refused, he would be willing to work with City staff to identify possible alternative solutions. COUNCIL MINUTES SEPTEMBER 17, 2012 213CITY OF KITCHENER - - In response to recent media reports where it was implied that Islamic Humanitarian Service had been soliciting support for this project last December at their interfaith gathering, Mr. Hudda acknowledged that Mayor Zehr offered assistance with the public process, but at no time did he speak to the subject zone change application. Mr. Hudda added that he never asked Mayor Zehr for his vote on this proposal, nor did he expect it. Messrs. Neil Palmer and Joe D'Angelo, Mitchell Plastics, addressed Council in support of the staff recommendation to refuse the Zone Change Application for 60 Washburn Drive. Mr. Palmer indicated that Mitchell Plastics is located next to the subject lands at 100 Washburn Drive and undertakes injection molding as well as painting of automotive parts. He stated that religious institutions have a multitude of options as to where they can be located, while companies such as his are restricted to industrial sites. He expressed concern with the limited inventory of industrial lands, adding that approval of the subject zone change would further decrease the options available to the manufacturing sector. He indicated that Mitchell Plastics has over 500 employees and operates 24 hours a day, for typically six days a week. He noted that Mitchell Plastics is in full compliance with all Ontario Regulations, but as an auto parts manufacturer odours are emitted from the plant that most people would find offensive. He added that given their hours of operation, it is plausible that at some point in time the Islamic Humanitarian Service would be adversely impacted by these odors; particularly as they will be located downwind from the plant. Mr. D'Angelo added that some of their residential neighbours located across Bleams Road, complain about the noise that is made when their trucks are being loaded. He anticipated that the noise disruption would be even greater for Islamic Humanitarian Service, as they would be located next to the plant. He commented that their objection to the zone change is based on a desire to avoid future conflicts, which would most likely arise from having these two incompatible land uses located next to each other. In response to questions, Mr. A. Pinard, Director of Planning, reviewed the existing zoning for the subject property, noting that a 100% institutional use of industrial lands is contrary to the Provincial Policy Statement (PPS), 2005. He stated that the PPS directs municipalities to promote economic development and competitiveness by providing for a mix and range of employment uses to meet long-term needs. He added that the Province has directed municipalities to protect and preserve Employment Areas for current and future uses. He indicated that the PPS generally defines Employment Areas as lands designated in an official plan for industrial and business park type uses. Mr. Pinard responded further that the 25% provision in the City’s Zoning By-law is considered a placeholder or transitional regulation and was instituted as part of a housekeeping amendment shortly after the new provincial directives concerning Employment Areas were initiated in 2005. He stated that at that time staff were still learning about this new policy direction and as time has evolved, have come to understand that any percentage of institutional uses on primary industrial lands are in conflict with the PPS. He advised that within the next four years it is anticipated that no institutional type uses will be permitted in industrial or business park zoned lands. He stated that the new draft Official Plan will no longer permit these types of uses for lands designated primarily as Employment Areas and once adopted, the zoning by-law will be amended to conform to the Official Plan. Mr. Pinard noted that prime industrial and business park lands are a finite resource and the City only has a handful of prime business parks that have all of the attributes that make them attractive to prospective businesses. He stated that 60 Washburn Drive is located within one of those areas, adding properties of this nature cannot be created elsewhere in the City. In response to concerns regarding the availability of lands within the City that are suitable for institutional use, Mr. Pinard advised that while he does not have exact knowledge regarding the inventory of sites, staff have been able to identify several locations across the City. He acknowledged that staff has received these concerns in the past from groups who were trying to establish places of worship. He commented that many of the available sites in greenfield or residential developments tend to be more expensive than industrial properties and for many of those groups, which might not be the case for the Applicant, is a determining factor as to why they do not pursue those sites. Questions were raised regarding the other institutional uses that are currently allowed in the business park; such as, the Latter Day Saints Church at the corner of Bleams Road and Strasburg Road. Mr. Pinard advised that the Church property has an approved site plan and the existing building only occupies 25% of the total building space provided for in that site plan. He added that the City is holding securities for the completion of the site plan; however, no timeframe was attached to the completion of those subsequent phases. He responded further that while the Applicant’s current facility is located in industrial lands, it was permitted as it was built and occupied as a place of COUNCIL MINUTES SEPTEMBER 17, 2012 214CITY OF KITCHENER - - worship prior to the 25% zoning regulation coming into place. He stated that facility is currently viewed as having a legal non-conforming status, adding any future expansion of that facility would cause them to lose that status. He noted anything that is currently permitted by the Zoning By-law is permitted as a right. He stated that the City must honour that until such time as the Zoning By-law has been changed. However, anyone who approaches the City and wishes to pursue said use would be informed that in the fullness of time that use would eventually be deemed as having legal non- conforming status. With respect to the possible precedent that could be established if the requested zone change were approved, Mr. Pinard expressed concern with any use being approved that does not comply with the PPS. He acknowledged some of the problems that have been experienced in the past when two incompatible land uses are adjacent to one another; even though both were permitted uses at the time they were established. He noted that the established industrial use on Washburn Drive is currently thriving in that location and should continue to do so with similar uses located around it. Moved by Councillor Z. Janecki Seconded by Councillor D. Glenn-Graham “That Clause 1 of the Planning and Strategic Initiatives Committee report to refuse Zone Change Application ZC12/010/W/GS for Islamic Humanitarian Service at 60 Washburn Drive, be adopted.” A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors S. Davey, D. Glenn-Graham, B. Ioannidis P. Singh, Z. Janecki, J. Gazzola, F. Etherington, B. Vrbanovic and K. Galloway Contra: Councillors Y. Fernandes and J. Gazzola. Carried. Councillor B. Vrbanovic spoke to the issues faced by faith institutions in finding appropriate lands that can serve their needs. He suggested that staff be asked to examine this matter to determine if the City has the right conditions in place to accommodate those groups. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway “That staff be directed to work with Shafiq Hudda of the Islamic Humanitarian Service to assist in identifying alternative land opportunities for the Islamic Humanitarian Service; and further, That staff, as part of the Official Plan review or another appropriate process, examine the difficulties expressed by faith communities in finding suitable lands for their purposes and determine if regulatory changes need to be made to address this issue.” Carried. Mr. Jason Malfara, Activa Holdings Inc., attended in support of the zone change and demolition control applications for the redevelopment of 262 and 268 Woolwich Street, listed as Clause 2 on the Planning and Strategic Initiatives Committee report. He advised that the Region of Waterloo set a development cap of 400 units for the original plan of subdivision, adding that the 11 units proposed through the subject application would fall within that cap. Moved by Councillor Z. Janecki Seconded by Councillor D. Glenn-Graham “That Clause 2 of the Planning and Strategic Initiatives Committee report of this date, be adopted.” Carried. COUNCIL MINUTES SEPTEMBER 17, 2012 215CITY OF KITCHENER - - Ms. Tracey Langbein, area resident, addressed Council in opposition to the zone change application proposed for 21 Birch Avenue, listed as Clause 3 on the Planning and Strategic Initiatives Committee report. She questioned the compatibility of the proposed two storey semi-detached dwelling with the existing one storey bungalows on Birch Avenue. In response to questions, Ms. Langbein expressed concerns with the massing of the proposed development, commenting that it would be out of place with the relatively small war time housing that makes up the rest of Birch Avenue. She added that the lot would be consumed by the proposed development. She stated that she is not opposed to rental housing and primarily wants to ensure that the integrity of the existing streetscape is maintained. In response to questions, Mr. G. Stevenson, Planner, confirmed that under the existing Residential Three (R-3) zoning, the property could be redeveloped with a large duplex that is the same size and height as the proposed semi-detached dwelling. He indicated that the primary difference between the existing R-3 zoning and the requested R-4 zoning is that the requested zoning allows for a zero interior lot line, which is needed to facilitate the development of a semi-detached dwelling. Mr. Adrian Dodge, area resident, addressed Council in opposition to the requested zone change application and spoke in support of the sentiments expressed by Ms. Langbein. He noted that the proposed development would detrimentally impact the view from his home to the remainder of Birch Avenue. Ms. Carola Leder, area resident, expressed concern with the proposed zone change application. She indicated that when she purchased her home on Birch Avenue 16 years ago, she was informed at that time that no large dwellings would be constructed on the street. Ms. Tina McCarthy, area resident, requested that Council consider refusing the requested zone change application. She expressed concern regarding the size of the proposed development, noting that it would dwarf the other houses on Birch Avenue. She commented that the existing homes currently have large side lots, which contributes to the consistency of the street. Ms. Lonina Poniewiersla addressed Council on behalf of her mother who is a resident of Birch Avenue. She indicated that last year construction occurred on an adjacent property, which caused a crack in her mother’s foundation. She stated this resulted in costly repairs that her mother could barely afford and expressed concerns that if the proposed development is approved, her mother’s house could be further damaged. In response to questions, Ms. Poniewiersla advised that her mother moved to Birch Avenue last November and the construction that damaged her home occurred the following January. She inquired as to who would assist her mother should she incur further damages. Councillor B. Vrbanovic requested that staff provide Ms. Poniewiersla with their contact information, and review the steps that she should follow if there is an issue with the proposed development. Ms. Mary Cikic, applicant, advised that from a business perspective, it is more desirable to build a semi-detached dwelling compared to a duplex. She stated that a number of different designs have been considered and it was determined that semi-detached dwellings were the preferred option for the site. She indicated that she is aware of the neighbours’ concerns and is willing to work with staff to ensure the building is designed in a manner that is sympathetic to the existing streetscape. In response to questions as to whether the proposed semi-detached dwellings were intended to be duplex thereby creating four units, Ms. Cikic advised that at this time their intent is to construct the proposed semi-detached dwellings and put them up for sale. She noted that if the proposed development failed to sell, it was their intent to rent the two proposed units. Ms. Robin Schatz, area resident, appeared in opposition to the proposed redevelopment. She circulated a petition that was signed by area residents objecting to the requested zone change. She advised that her family moved to the neighborhood with an expectation that the character would be maintained. In response to questions, Ms. Schatz indicated that she would prefer if the site was redeveloped with something that would take up as little space as possible. She suggested that the massing of the proposed design should be reduced and inset further to provide for a larger front yard. She noted COUNCIL MINUTES SEPTEMBER 17, 2012 216CITY OF KITCHENER - - that the proposed plan showed two garages and two driveways, which appeared to be too bulky for the site. Mr. Jim McCarthy, area resident, addressed Council in opposition to the zone change application. He advised that the houses on Birch Avenue were built circa 1946 to 1955 and were relatively small, with large rear and side yards. He noted that the proposed development would be approximately 50-55 feet wide, while the existing houses on the street are no more than 24 feet wide. He requested that the zone change be refused to preserve the present character of Birch Avenue. Mr. Greg Pearcey, area resident, spoke in support of the comments expressed by the other delegations and requested that Council refuse the proposed zone change. He suggested that the existing house should be repaired and restored into a viable single family dwelling. Ms. Mary Ellen Dance addressed Council in opposition to the proposed re-development, noting that she resides in a semi-detached constructed in the 1950s, which is located across from the proposed site. She suggested that the existing building appears to be in fair condition and questioned why the applicant could not just repair it and re-sell it for a profit. She stated that the other houses on Birch Avenue have side yards that are approximately ten feet wide, while the proposed development might have five foot side yards. She asked that Council refuse the proposed zone change application. Questions were raised regarding the possibility of decreasing the overall lot coverage or adjusting the side yard setbacks to enable the proposed development to align with the character of Birch Avenue. Mr. Stevenson advised that Council does have the ability to regulate the amount of space that is taken up by a proposed development. He stated that R-3 and R-4 Zoning provides a maximum lot coverage of 55%, a front yard setback of 4.5m and a side yard setback of 1.2m. He indicated that although the proposed semi-detached dwellings will be larger than the existing bungalows, the use is compatible with the surrounding neighbourhood. He noted that the other homes on Birch Avenue are not constructed to the maximum that is allowed under the existing zoning. He stressed that staff would not recommend adjusting the lot coverage percentage or setback limits. He explained that the redevelopment potential and lot coverage exists for the rest of Birch Avenue and if this site was adjusted, it would then be inconsistent with any other future re-development. He added that it would be preferable for the zoning to remain the same for the entire street. He advised that if Council wished, it could enact special use provisions to tailor the zoning to restrict the size of a proposed development; however, staff would not recommend such changes. He added that if such adjustments are to be considered, it would be best to do so in the context of a final design or conceptual plan. On motion by Councillor Z. Janecki, seconded by Councillor D. Glenn-Graham, Clause 3 of the Planning and Strategic Initiatives Committee report of this date was brought forward for consideration. Councillor K. Galloway expressed concern with approving the proposed zone change at this time, suggesting that this matter could be deferred to allow time for staff to work with the applicant to explore changes to the existing re-development proposal. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic “That Clause 3 of the Planning and Strategic Initiatives Committee report pertaining to Zone be deferred to the October 1, 2012 Change Application ZC12/008/B/GS for 21 Birch Avenue, Council meeting to allow time for staff to work with the applicant to determine the feasibility of decreasing the overall lot coverage or adjusting to the side yard setbacks to enable the proposed development to more closely align with the character of Birch Avenue.” Carried. Ms. Penny-Lynn Fielding, Planning Officer, Kitchener Public Library, was in attendance in support of Committee of Adjustment Submission SG 2012-003 requesting permission to erect a ground supported sign with automatic changing copy at 85 Queen Street North; listed as Item B.2.iv) on the Committee of the Whole agenda. COUNCIL MINUTES SEPTEMBER 17, 2012 217CITY OF KITCHENER - - Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic “That the application of the Kitchener Public Library (Corporation of the City of Kitchener) (SG 2012-003 - 85 Queen Street North) requesting permission to erect a ground supported sign with automatic changing copy equal to 39.1% of the sign face rather than the permitted 30% and located approximately 20m (65.62’) from a residential zoned lot on the same street whereas the by-law does not permit automatic changing copy on a sign within 100m (328.08’) of a residential zoned lot on the same street, on Lot 1 to Lot 8, Plan 20, designated as Part Lot 2 on Reference Plan 388, 85 Queen Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall obtain a sign permit from the City’s Planning Division.” Carried. Michael and Janet Etmanskie were in attendance in support of Committee of Adjustment Submission FN 2012-007, requesting permission to legalize an existing 2.2m high wooden privacy fence at 207 Coach Hill Drive; listed as Item B.2.iii) on the Committee of the Whole agenda. Moved by Councillor P. Singh Seconded by Councillor S. Davey “That the application of Michael and Janet Etmanskie (FN 2012-007 - 207 Coach Hill Drive) requesting permission to legalize an existing 2.2m (7.22’) high wooden privacy fence having a setback from an exterior side lot line of 0m rather than the required 4.57m (15’), on Lot 138, Plan 1329, 207 Coach Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall enter into an encroachment agreement, to the satisfaction of the City Solicitor, with the City of Kitchener for the retaining wall located on City lands. 2. That the owner shall remove the portion of fence that is located within the 4.5m driveway visibility triangle of 119 Cherry Hill Drive.” Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Questions were raised regarding the cost that contributed to Tender T12-003 - Block Line Road Extension and Mr. H. Gross, Director of Asset Management, agreed to circulate a list of the amounts that make up the approximately $3.77M projected costs for the following items: staff time, permitting, material testing, railway relocation and land acquisition. In reference to Expression of Interest E12-064 - Consultant Services - Class Environmental Assessment and Preliminary Design for Laurentian Sanitary Pumping Station, Forcemain and Sewer Upgrades, Councillor Gazzola expressed concern regarding the level of input Council has on the overall Environmental Assessment (EA) process. He noted that once the evaluation criteria has been established Council’s role is primarily completed. He suggested that Council should be afforded the opportunity to comment on the criteria that is intended to be used throughout the various stages of an EA evaluation process. Mayor C. Zehr spoke to the difficultly Council may have in providing comments on the technical requirements that go into the design of a pumping station. He added that for issues having a more general scope, such as a road re-alignment, it might be feasible to have Council consider the EA’s evaluation criteria. Mr. Gross proposed that staff could bring forward the preliminary criteria that are being considered for a particular project along with the draft options that would form part of an EA. COUNCIL MINUTES SEPTEMBER 17, 2012 218CITY OF KITCHENER - - Moved by Councillor P. Singh Seconded by Councillor K. Galloway “That Tender T12-003 – Block Line Road Extension (Lennox Lewis Way to Courtland Avenue), McLean Taylor Construction Limited, St. Marys, Ontario, be awarded to at their tendered price of $7,023,191.93, including provisional items and contingencies of $861,323., plus H.S.T. of $913,014.95, for a total of $7,936,206.88; and further, That the Director of Supply Services be authorized to execute an agreement satisfactory to the City Solicitor.” - and - Force Field Services “That Tender T12-059 Utility Meter Reading Services, be awarded to Inc., Waterdown, Ontario, at their tendered price of $345,918., plus H.S.T. of $44,969.34, for a total of $390,887.34, with an option to renew for two (2) additional twelve (12) month terms.” - and - th Onit “That Tender T12-061 Interior Renovations - 9Floor City Hall, be awarded to Construction Inc., Caledon, Ontario at their tendered price of $134,855., including provisional items and contingencies of $60,000., plus H.S.T. of $17,531.15, for a total of $152,386.15.” - and - “That Tender T12-063 – Creek Remediation - Schneider Creek Reach 1 (From Hayward Bel-Air Avenue to Downstream of The Future Block Line Road Crossing), be awarded to Excavating & Grading Ltd., Cambridge, Ontario at their corrected tendered price of $1,458,620.25, including provisional items and contingencies of $196,000., plus H.S.T. of $189,620.63., for a total of $1,648,240.88; and further, That the Director of Supply Services be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That Expression of Interest E12-064 – Consultant Services – Class Environmental Assessment and Preliminary Design for Laurentian Sanitary Pumping Station, Forcemain and MMM Group Limited, Thornhill, Ontario Sewer Upgrades, be awarded to at their estimated fee of $245,819.20 including contingencies of $22,347.20 plus H.S.T. of $31,956.50, for a total of $277,775.70 based on a satisfactory contract being negotiated and 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 spoke to Clause 10, requesting that staff bring forward a list of more actionable measures, showing how the water quality data is being used to improve the City’s stormwater infrastructure. Mr. Gross agreed to provide a list of the critical items that will be pursued and funded through the stormwater management account. The balance of the Community and Infrastructure Services Committee report was then voted on and Carried . COUNCIL MINUTES SEPTEMBER 17, 2012 219CITY OF KITCHENER - - Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “That the report of Heritage Kitchener be adopted.” Carried. Council then considered Item 7 (a) under Unfinished Business regarding a request made at the August 27, 2012 Council meeting by Councillor Y. Fernandes, for Council’s support for her request to staff for information and documentation regarding the Doon South - Brigadoon Transportation Network and Corridor Studies. Council deferred its decision on this matter pending information on the amount of staff time required to gather the requested information. Councillor Fernandes indicated that she has since received sufficient information from staff and withdrew her request. Councillor K. Galloway had given notice that she would introduce a motion this date in recognition of st the 1 Annual Day of the Girl Child. Moved by Councillor K. Galloway Seconded by Councillor P. Singh “WHEREAS The current worldwide generation of young people is the largest in human history, with nearly half the world’s population – more than 3 billion people – under the age of 25, of which approximately 51 percent of 1.51 billion are female; and, WHEREAS sixty percent of girls say that they experience stereotypes that limit their right to be themselves; 52 percent of girls say they experience stereotypes that limit their right to express themselves with originality and enthusiasm; more than a third (37 percent) of girls feel constrained by these stereotypes, saying they don’t like them; and, WHEREAS gender equality is a fundamental right for all people as well as a cornerstone of global development, as research shows that investing in girls can create a ripple effect that not only improves the lives of girls but also benefits the economic growth and the health and well- being of communities; and, WHEREAS the United Nations has declared October 11, 2012 as the first International Day of the Girl Child and Canada has led the international community in adopting this day; and, WHEREAS The Federation of Canadian Municipalities (FCM), through the Increasing Women’s Participation in Municipal Government Committee, is urging municipalities to participate in programing and events in recognition of the International Day of the Girl Child. NOW THEREFORE, We, Kitchener City Council, support FCM’s efforts in recognizing October 11, as International Day of the Girl Child.” Carried Unanimously. Councillor F. Etherington advised Council of an incident that occurred at approximately 4:30 p.m. on September 14, 2012 involving an injured swan in the fore bay area of Victoria Park. He commented that some of the residents who were trying to save the swan had called the City’s contact centre four times to request help, while others phoned the Kitchener-Waterloo Humane Society. He indicated that two hours later the swan had died and they had not received a response. Eventually the residents contacted the Wildlife Haven in Waterloo, who collected the swan’s body and will be conducting a post-mortem to determine the cause of death. Councillor Etherington asked, and it was agreed that staff be directed to investigate this matter and provide a report at the September 24, 2012 Finance and Corporate Services Committee meeting regarding the feasibility of having a parks official on call to respond to these types of emergencies as well as examining whether the Humane Society needs to establish better protocols for handling these situations. Councillor B. Vrbanovic gave notice that he would be introducing two motions at the October 1, 2012 Council meeting. He indicated that the first motion was in relation to the future of long-term infrastructure planning and funding to municipalities. His second motion pertained to VIA Rail service cuts. COUNCIL MINUTES SEPTEMBER 17, 2012 220CITY OF KITCHENER - - Councillor Y. Fernandes spoke to the timeline that was established for comments to be submitted on the Strasburg Road Extension (from north of Stauffer Drive to New Dundee Road) Draft Environmental Study Report (ESR). She commented that originally the public was requested to provide all comments to the City’s project manager by September 26, 2012. She indicated that new information was recently released and proposed that the timing for public comments should be adjusted. Mr. H. Gross, Director of Asset Management advised that the September 26th deadline was established to allow time for the project team to summarize the findings from the public consultation and report back at a special Planning and Strategic Initiatives Committee meeting on, November 27, 2012. He advised that staff now intend to provide an update on the status of this project on November 5, 2012. He suggested that the original deadline should be maintained for comments on all of the previously released materials and proposed that an additional three weeks from the date of release could be provided to anyone interested in submitting comments on the new items. Mr. Gross agreed to provide additional details to Council as to how the new information would be circulated to the public. Councillor D. Glenn-Graham gave notice that he would be introducing two motions at the September 24, 2012 Special Council meeting. He indicated that the first motion was in relation to the establishment of a three month “Smiles per Hour” pilot project. He advised that the second motion would pertain to a civic learning contest for children between the ages of 10-12. Council agreed to the request of Mr. R. Gosse, City Clerk, to add one additional by-law for three readings this date, related to a zoning amending by-law for the redevelopment of 262 and 268 Woolwich Street. Moved by Councillor D. Glenn-Graham Seconded by Councillor Z. Janecki “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the establishing and laying out of part of Audrey Place as a public highway in the City of Kitchener. (b) Being a by-law to exempt certain lots from Part Lot Control – Part of Lots 32, 33, 42 and 43, Registered Plan 58M-542 – 342 Mill Street. (c) Being a by-law to provide for the establishing and laying out of part of Otto Street, as a public highway, in the City of Kitchener. (d) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e) 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. (f) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc. and Elfriede Czerlinski – 262 & 268 Woolwich St. 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 K. Galloway as Chair. COUNCIL MINUTES SEPTEMBER 17, 2012 221CITY OF KITCHENER - - On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. It is noted that during the Committee of the Whole, it was moved by Mayor C. Zehr and seconded by Councillor P. Singh that approval be given for this meeting of Council to continue past midnight. The motion was voted on and carried unanimously by all members present. Moved by Councillor K. Galloway Seconded by Councillor S. Davey “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic “That the by-laws be given third reading, namely: (a) Being a by-law to provide for the establishing and laying out of part of Audrey Place as a public highway in the City of Kitchener. (By-law No. 2012-121) (b) Being a by-law to exempt certain lots from Part Lot Control – Part of Lots 32, 33, 42 and 43, Registered Plan 58M-542 – 342 Mill Street. (By-law No. 2012-122) (c) Being a by-law to provide for the establishing and laying out of part of Otto Street, as a public highway, in the City of Kitchener. (By-law No. 2012-123) (d) 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. 2012-124) (e) 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. 2012-125) (f) 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. 2012-126) (g) To confirm all actions and proceedings of the Council. (By-law No. 2012-127) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc. and Elfriede Czerlinski – 262 & 268 Woolwich St. (By-law No. 2012-128) (i) Being a by-law to amend By-law Number 93-200 of The Corporation of the City of Kitchener being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency. (By-law No. 2012-129) COUNCIL MINUTES SEPTEMBER 17, 2012 222CITY OF KITCHENER - - be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 12:17 a.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 17, 2012 223CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That Demolition Control Application DC12/16/V/MV requesting permission to demolish a single detached dwelling located at 1188 Victoria Street North owned by 18699522 Ontario Ltd., be approved. 2. That Schedule 1 - No Parking of the Uniform Traffic By-law, be amended to change the on- street parking regulations for specified sections of Margaret Avenue, as outlined in Appendix ‘A’ of Infrastructure Services Department report INS-12-058; and, That on-street cycle lanes be installed on the south side of Margaret Avenue from Victoria Street North to the City limits; and, That on-street cycle lanes be installed on the north side of Margaret Avenue from a point fifty (50) metres west of Victoria Street North to the City limits; and, That on-street parking areas be defined through on-road pavement markings; and further; That the Uniform Traffic By-law be amended accordingly. 3. That the Uniform Traffic By-law be amended to prohibit parking at any time on the east side of Lorraine Avenue from Montcalm Drive to a point seventy (70) metres north thereof, as outlined in Infrastructure Services Department report INS-12-069. 4. That the Uniform Traffic By-law be amended to prohibit U-turns at any time for the southbound approach to Baxter Place and Pioneer Tower Road, as outlined in Infrastructure Services Department report INS-12-071. 5. That the Uniform Traffic By-law be amended to prohibit stopping at any time on the south side of Duke Street West from Ontario Street North to a point thirty-five (35) metres east thereof, as outlined in Infrastructure Services Department report INS-12-072. 6. That GTA Midways Inc. be granted permission to operate a Midway in Downtown Kitchener during Oktoberfest from October 5-8, 2012, subject to the following: Hours of operation: Date Start Close Friday, October 5 Noon 11:00 p.m. Saturday, October 6 11:00 a.m. 11:00 p.m. Sunday, October 7 11:00 a.m. 11:00 p.m. Monday, October 8 9:00 a.m. 5:00 p.m.; and, That the music at the Midway be turned down at 9:00 p.m.; and, That the music be turned off one hour before closing time; and, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Kitchener Downtown Business Improvement Area and/or GTA Midways Inc. with respect to use of the Forsyth lot for a midway from October 4 until October 8, 2012; and further, That the required licence be obtained prior to operating the Midway. 7. That Option Number 2 outlined in Finance and Corporate Services Department Report FCS- 12-153 dated September 4, 2012, be approved as the 2013 schedule of Council and Standing Committee meetings, save and except that the November 28th Budget meeting be rescheduled to November 21st. COUNCIL MINUTES SEPTEMBER 17, 2012 224CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 8. That the approval of the Southwest Optimist Park skate park, be deferred to no later than June 30, 2013, to allow an opportunity for continued dialogue with the Southwest Optimist Club regarding the proposed on-site location of the Southwest Optimist Park skate park. (Dealt with under Delegations and Carried, as Amended) 9. That the Mayor and Clerk be authorized to enter into a lease agreement with The Tannery School of Music, for the Retail Unit 1, located at 4 Charles Street East (future address will be 26 Benton Street), subject to the satisfaction of the City Solicitor. 10. That the 2011 Stormwater Management Annual Audit Report, prepared by Aquafor Beech and City staff be received and endorsed by Council; and further, That staff continue to review the Stormwater Management Policy I-1135, dated December 10, 2001 and present recommendations to Council on or before December 31, 2013. PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That Zone Change Application ZC12/010/W/GS for Islamic Humanitarian Service at 60 Washburn Drive, for the purpose of changing the zoning from Restricted Business Park Zone (B-2) to Restricted Business Park Zone (B-2) with a special use provision to allow for a Religious Institution to occupy 100% of the gross floor area of a building, be refused. (Dealt with under Delegations and Carried on a recorded vote) 2. That Zone Change Application ZC12/006/W/GS for Activa Holdings Inc. and Elfriede Czerlinski at 262 and 268 Woolwich Street, for the purpose of changing the zoning from Agricultural One (A-1) to Residential Three (R-3) with Special Provision Regulations 304R, 307R, and 634R in the form shown in the “Proposed By-law” dated August 8, 2012, attached to Community Services Department report CSD-12-113 as Appendix “A”, be approved; and further, That Demolition Control Application DC12/005/W/GS requesting permission to demolish one (1) single detached dwelling located at 262 Woolwich Street, owned by Activa Holdings Inc., be approved without conditions. (Dealt with under Delegations and Carried) 3. That consideration of the recommendation contained in Community Services Department report CSD-12-114 pertaining to Zone Change Application ZC12/008/B/GS for 21 Birch Avenue, be deferred to the October 1, 2012 Council meeting to allow time for staff to work with the applicant to determine the feasibility of decreasing the overall lot coverage or adjusting to the side yard setbacks to enable the proposed development to more closely align with the character of Birch Avenue: “That Zone Change Application ZC12/008/B/GS for Mary and Dragan Cikic at 21 Birch Avenue, for the purpose of changing the zoning from Residential Three (R-3) to Residential Four (R-4) in the form shown in the “Proposed By-law” dated August 8, 2012, attached to Community Services Department report CSD-12-114 as Appendix “A”, be approved; and further, That Demolition Control Application DC12/011/B/GS requesting permission to demolish one (1) single detached dwelling located at 21 Birch Avenue, owned by Mary and Dragan Cikic, be approved subject to the following condition: 1. That the owner obtains a building permit for the proposed residential dwelling unit; and, COUNCIL MINUTES SEPTEMBER 17, 2012 225CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – (CONT’D) 3. (Cont’d) That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2 years of the date of issuance of the demolition permit, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000. for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.” (Dealt with under Delegations and Carried, as Amended) HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2012-IV-017, be approved to permit repointing and masonry repair on the building municipally addressed 318 Duke Street West, in accordance with the supporting information submitted with the application. COUNCIL MINUTES SEPTEMBER 17, 2012 226CITY 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.FCS-12-144 – Committee of Adjustment – Various Council considered Finance and Corporate Services Department report FCS-12-144 (J. Billett), dated September 4, 2012. Items 2 i), iii) and iv) regarding Submission Nos. FN 2012-005 (47 Gravel Ridge Trail), FN 2012-007 (207 Coach Hill Drive) and SG 2012-003 (85 Queen Street North) were dealt with under Delegations. It was resolved: “That the application of Viriato and Catarina Pereira (FN 2012-006 - 900 Magdalena Court) requesting permission to legalize an existing 1.98m (6.6’) high wooden privacy fence having a setback from an exterior side lot line of 0.914m (3’) rather than the required 4.57m (15’), on Lot 109, Registered Plan 58M-451, 900 Magdalena Court, BE APPROVED Kitchener, Ontario, , only as shown in the drawings submitted with the application.” 3.Navy League of Canada K-W Branch – Tag Day Request Council considered correspondence from J. Soehner, Fundraising Chair, dated August 13, 2012, requesting permission to conduct Tag Days on October 13-14, 2012. It was resolved: “That the request of the Navy League of Canada – K-W Branch to conduct Tag Days on Saturday, October 13 and Sunday, October 14, 2012, at various locations, as outlined in correspondence from J. Soehner dated August 13, 2012, be granted.” 4. INS-12-076 - Parking Lot User Agreement – Kitchener Operations Facility Council considered Infrastructure Services Department report INS-12-076 (C. Fletcher), dated September 10, 2012. It was resolved: “That the Mayor and Clerk be authorized to execute a Parking Lot User Agreement with Chicopee Ski Club, to permit short term parking on the Kitchener Operations Facility parking lot for a community event being held on Saturday, October 6, 2012; said agreement to be to the satisfaction of the City Solicitor; and further, That the Director of Facilities Management be authorized to execute parking lot user agreements, for the purpose of permitting short term parking on City owned parking lots, excluding off-street paid parking facilities, for community events; said agreements to be to the satisfaction of the City Solicitor.” COUNCIL MINUTES SEPTEMBER 17, 2012 227CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 5.INS-12-067 – Block Line Road Extension – Purchase Order Extension Council considered Infrastructure Services Department report INS-12-067 (H. Gross), dated September 4, 2012. Councillors J. Gazzola and Y. Fernandes expressed concerns regarding the need to extend the subject Purchase Order. Mr. H. Gross, Director of Asset Management, advised that the original estimate for the number of working days was based on a construction timeline from the Class Environmental Assessment process for the Block Line Extension project. He stated that the 160 working days for construction represented a reasonable time to complete the intended works. However, during the detail design process for this project, a number of factors became apparent that were not included in the previous timeline; accordingly, it has been determined that this project will take 230 working days to complete. He noted that if the Purchase Order was not extended, then the City would not have the consultant on site to supervise the project for the final 70 working days. It was resolved: “That the Purchase Order for AECOM, the consultant for this project, be extended for the amount of $227,378.40 plus applicable taxes for the contract administration and inspection services for Block Line Road Extension from Lennox Lewis Way to Courtland Avenue.” 6.FCS-12-154 – Appointments to Nominating Committee Council considered Finance and Corporate Services Department report FCS-12-154 (R. Gosse), dated September 11, 2012. It was resolved: “That Lucia Harrison, Mitra Baharloo, Jess Chivers, Angie Haves and Brent Mayled be appointed to the 2012 Nominating Committee for a term expiring June 2014.” 7.FCS-12-158 – Amendment to Schedule ‘A’ of By-law 93-200 – Emergency Plan Council considered Finance and Corporate Services Department report FCS-12-158 (R. Gosse), dated September 14, 2012. It was resolved: “That a by-law be adopted to repeal and replace Schedule ‘A’ to By-law 93-200, being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency, with the revised ‘City of Kitchener Emergency Plan’ attached to Finance and Corporate Services Department report FCS-12-158; and further, That the by-law be given first and second readings.”