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HomeMy WebLinkAboutCouncil - 2012-12-03COUNCIL MINUTES DECEMBER 3, 2012 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the singing of “O Canada” by KW Sparks, Brownies, Guides and Pathfinders Choir, under direction of Margaret McVey. On motion by Councillor P. Singh the minutes of the regular meeting held November 19, 2012 and special meetings held November 19 & 26, 2012, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, a pecuniary interest was disclosed at the in-camera meeting of City Council held November 19, 2012 by Councillor B. Ioannidis in respect to two land acquisition / disposition matters. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Council observed a moment of silence in respect to the recent passing of former Kitchener Councillor Harold Chapman, who served on City Council from 1962 to 1976. Mayor C. Zehr noted that Chuck Kruse, who had registered as a delegation to speak to housing intensification outside of the City’s core area, has indicated that he was no longer able to attend this meeting. Ms. Carol M. Wiebe, MHBC Planning Inc., was in attendance and spoke in support of the zone change and modifications to the draft Plan of Subdivision submitted by Primeland Developments for lands located south of Huron Road and west of Strasburg Road; listed as Clause 1 on the Planning and Strategic Initiatives Committee report. She advised that while the proposed northern section of the Strasburg Road extension forms the eastern boundary of the subdivision, the alignment for that portion of the road has been established and has been deemed to have fulfilled the requirements for the Municipal Class Environmental Assessment (EA) process. She expressed concerns regarding a further deferral of Stages 5A and 5B, adding that her client is fully entitled to proceed with development of the subdivision, as previously approved. She requested that Council consider approving the zone change and modifications to the draft Plan of Subdivision as recommended by City staff. Ms. Wiebe then spoke to the concerns raised by the adjacent landowner, with respect to servicing being extended to Becker Estates, which is located immediately to the west of the subject Plan of Subdivision. She indicated that there are conditions of draft approval, which require that at the request of the City’s Director of Engineering all necessary easements as well as sanitary and storm sewers be extended to adequately service the Becker Estates lands. She stated that those requirements are part of the original conditions of draft approval and have not been changed as part of the proposed modifications. In response to questions, Ms. Wiebe advised that Stantec Consulting have prepared an environmental impact study and addendum reports over the past two years, which have been reviewed by City staff and the Grand River Conservation Authority (GRCA), outlining measures to mitigate the impact of the proposed development on the woodlot. She added that the GRCA has granted the necessary permits to Primeland Developments to proceed with the proposed work. She noted that no residential lots have been proposed to back on to or are in close proximity to the woodlot; and accordingly, it would not be necessary to include a provision in the agreements of sale with regard to living close to a core environmental feature. Mr. Chris Pidgeon, GSP Group, addressed Council, expressing concerns as to whether services are intended to continue to be extended through the subject Plan of Subdivision to the Becker Estates lands. He requested clarification regarding the draft approvals, and requested assurance that the previous servicing commitments continue to be in place in accordance with the 2008 EA on the Strasburg Creek Trunk Sanitary Sewer. Questions were raised regarding the provision of servicing, and Mr. J. Willmer, Chief Administrative , Officer advised that Condition 95 of the draft Plan of Subdivision stipulates that the Subdivider agrees to provide an easement to the City upon request, for the purpose of providing servicing to adjacent lands. He added that local services are the responsibility of the local subdivider; however, additional depth and capacity are not the local subdivider’s responsibility. He stated that if the up- stream subdivider is willing to pay those incremental costs, then the City will require a subdivider to COUNCIL MINUTES DECEMBER 3, 2012 299CITY OF KITCHENER - - install services at that depth and / or capacity. He noted that this is a standard condition and the approach is one that he can commit the City to taking. Mr. Willmer indicated that he would be willing to express this commitment to both parties, as a means of clarifying this matter. On motion by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, Clause 1 of the Planning and Strategic Initiatives Committee report was brought forward for consideration. A motion was brought forward by Councillor K. Galloway-Sealock, seconded by Councillor P. Singh, to amend Clause 1 of the Committee report to request that written assurance be provided to the affected parties as to the City’s commitment to Condition 95, as well as the responsibilities related to the provision of additional depth and capacity. Councillor Z. Janecki spoke in opposition to the proposed amendment, stating that the wording of Condition 95 was clear and it seemed unnecessary to provide this additional written assurance. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, to defer consideration of Stages 5A and 5B to the December 17, 2012 Council meeting, to allow them to be considered in conjunction with other matters pertaining to the EA on the southern extension of Strasburg Road. Councillor Y. Fernandes advised that the options for moving forward with the EA on the southern section of Strasburg Road are interrelated with how this development might be impacted by the northern alignment; and therefore, the two matters should not be dealt with separately. , Ms. D. Ross, Manager of Development Review and Ms. J. von Westerholt, Senior Planner, were in attendance and presented Council with a comparison of the original draft approved Plan of Subdivision and the proposed modified Plan. Ms. Ross indicated that the proposed modifications are all internal to the Plan and serve to delineate lots that were previously approved as lotless blocks. She stated that the developer initiated the modifications in order to change the unit types; thus providing more variety from largely single detached, to singles, semis and townhouses. She advised that under the original Plan approved in 2000, the woodlot in Stage 6 was to be removed. She stated that the revised Plan proposes the removal of Tartan Crescent, and the designation of the ten-acre woodlot as a core environmental feature. She noted that the woodlot was being conveyed to the City as part of the development’s parkland dedication, thereby ensuring its future preservation. In response to questions, Ms. Ross clarified that there is an opportunity for a regular subdivision sewer to be routed along Tartan Avenue to service a portion of the Becker Estates lands. She advised that the Strasburg Creek Trunk Sanitary Sewer would be located to the south of the subject Plan of Subdivision and measures to maintain the integrity of the lands impacted by the Trunk Sewer would be examined during its detail design process. Carried Councillor Galloway-Sealock’s amendment was then voted on and . LOST Councillor Fernandes’ deferral motion was then voted on and on a recorded vote, with Councillors J. Gazzola, D. Glenn-Graham, Z. Janecki, and Y. Fernandes voting in favour; and Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway-Sealock, S. Davey, F. Etherington and P. Singh voting in opposition. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “That Clause 1 of the Planning and Strategic Initiatives Committee report, be adopted, as amended.” A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, K. Galloway- Sealock, F. Etherington, S. Davey and P. Singh. Contra: Councillors J. Gazzola, Y. Fernandes and Z. Janecki. COUNCIL MINUTES DECEMBER 3, 2012 300CITY OF KITCHENER - - Carried. Ms. Alison Jackson addressed Council on behalf of the property owner of 500 Stauffer Drive, which has been proposed to be designated as being of cultural heritage value or interest, listed as Item 7 a) under Unfinished Business. She indicated that the owner attended the November 6, 2012 Heritage Kitchener meeting in support of the proposed designation, which she hopes will mitigate the effect of the proposed southern extension of Strasburg Road on her property. She requested that Council consider implementing one of the proposed western alignments for the road extension as a means of minimizing the impact on 500 Stauffer Drive. Councillor Z. Janecki noted that the minutes for the November 6, 2012 Heritage Kitchener meeting incorrectly indicate him as being in attendance and do not list Councillor J. Gazzola as being present even though he attended the meeting. A motion was brought forward for consideration by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, directing the Clerk to publish a Notice of Intention to designate 500 Stauffer Drive pursuant to Section 29 of the Ontario Heritage Act, listed as item 7 a) under Unfinished Business. Questions were raised with respect to timing and the implications of the proposed designation on the outcome of the environmental assessment (EA) that is currently being conducted to determine the alignment of the southern portion of the Strasburg Road extension. Mr. M. May, Deputy CAO – , Community Services clarified that once a Notice of Intention is issued, the subject property is afforded the same level of protection as when the designating by-law is enacted by Council. He stated that staff agrees that 500 Stauffer Drive merits designation under the Ontario Heritage Act and are supportive of proceeding with the issuance of the Notice of Intention. He suggested that as an additional option, Council could decide to issue the Notice now, but postpone consideration of the designating by-law until the EA has been completed. He commented that this would enable Council to consider the designation with the benefit of having all of the information on the future of Strasburg Road. He added that the EA is anticipated to be completed by September 2013, and proposed that consideration of the designating by-law could be postponed to that time. In response to questions, Mr. May advised that it is not uncommon to defer consideration of a designating by-law pending the resolution of other issues affecting the subject property. He noted that the Notice of Intention to designate 397 Gravel Ridge Trail was originally issued in 2007, but the by-law was being brought forward this date for consideration. Mr. R. Gosse, Director of Legislated , Services & City Clerk responded further that given the mandatory 30-day objection period, it could take between 45 to 60 days for a designating by-law to be brought forward for consideration following the issuance of a Notice of Intention. A motion was brought forward by Councillor K. Galloway-Sealock, seconded by Councillor B. Ioannidis, to amend Councillor Janecki’s motion to add a clause to defer consideration of the by-law to designate 500 Stauffer Drive under Part IV of the Ontario Heritage Act to September 2013. LOST Councillor Galloway-Sealock’s amendment was then voted on and as a result of a tie on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway-Sealock, S. Davey, and P. Singh voting in favour ; and, Councillors J. Gazzola, F. Etherington, D. Glenn-Graham, Z. Janecki, and Y. Fernandes voting in opposition. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally addressed as 500 Stauffer Drive, as being of cultural heritage value or interest.” Carried Unanimously on a recorded vote. Mr. James Howe addressed Council regarding the changes proposed for the Safe and Healthy Community Advisory Committee, listed as Clause 1 of the Community and Infrastructure Services Committee report. He expressed concerns with the Committee’s focus shifting more toward healthy living and community safety and crime prevention matters being dealt with on an as needed basis. He spoke in opposition to narrowing the Committee’s focus to primarily recreation and leisure issues, COUNCIL MINUTES DECEMBER 3, 2012 301CITY OF KITCHENER - - adding that despite what was identified by staff, there continues to be a need for an advisory committee dedicated to community safety. He noted that he was also opposed to only extending the current Committee structure for six months, adding that the Committee should be given an opportunity to review its own Terms of Reference. He put forward that if the Committee were to retain its broad focus he would be willing to volunteer to become a member. In response to questions, Mr. Howe explained that he took issue with the claim that the current Committee structure was seen as not being effective. He stated that the work of the Committee aligns with one of the primary strategic documents produced by the City, being the Plan for a Healthy Kitchener. He suggested that to address the large number of vacancies, recruitment should be focused on attracting people with diverse backgrounds and expertise. Referring to the proposal to reduce the Committees budget allocation, he noted the importance of having this funding available for unforeseen issues rather than having to address those matters through the standard community grants process. Ms. Sarah Marsh addressed Council in opposition to the changes proposed for the Safe and Healthy Community Advisory Committee. She proposed that the Committee be given up to two years to develop a work plan; rather than the proposed six months. She also expressed concerns with the change in terminology from healthy community to healthy living, suggesting the latter put too great an emphasis on leisure activities. She stated that one of the weaknesses identified with the current Committee structure, is that it does not focus on core services, suggesting that this was common for all advisory committees. She requested that Council keep the Committee’s focus on healthy communities. On motion by Councillor K. Galloway-Sealock, seconded by Councillor B. Ioannidis, Clause 1 of the Community and Infrastructure Services Committee report of this date was brought forward for consideration. Mayor C. Zehr requested clarification regarding the November 26, 2012 Community and Infrastructure Services Committee minutes, noting a reference to a friendly amendment made by Councillor Glenn-Graham requesting that $2,500. be set aside in the 2013 Safe and Healthy Community Advisory Committee budget for the Henry Sturm Festival. He noted that the requested $2,500. is not reflected in the motion that is before Council, and no indication is given in the minutes to explain what happened to this amendment. Councillor Galloway-Sealock advised that the amendment was withdrawn as a result of Councillor Singh’s amendment to retain $10,000. in the Committee’s 2013 Budget. An amendment was brought forward by Councillor P. Singh proposing the removal of the phrase “as needed” from Paragraph 1 of Clause 1 and replacing it with direction that the Committee should undertake a review of its Terms of Reference. A motion was brought forward by Councillor D. Glenn-Graham, seconded by Councillor J. Gazzola, to amend Paragraph 6 of Clause 1 so that the effectiveness of the Committee is re-evaluated prior to the 2015 Committee appointments being advertised. Councillor Glenn-Graham suggested this would give the Committee an additional year to develop its work plan and review its Terms of Reference. Mr. R. Gosse suggested, and it was agreed, that as the 2015 Committee appointments would take place in the fall of 2014, the re-evaluation should take place by June 2014; thereby allowing adequate time for changes to be enacted prior to the 2015 advisory committees’ recruitment process. Mr. Willmer suggested that with respect to the concerns raised regarding terminology, Paragraph 1 could be further revised to replace the phrase “related to healthy community living” with “related to enhancing and maintaining a healthy community;” which is outlined in the Committee’s Terms of Reference. Councillor Galloway-Sealock accepted the revisions put forward for Paragraph 1 of Clause 1 by Councillor Singh and Mr. Willmer as being friendly amendments. Councillor Glenn-Graham’s amendment to Paragraph 6 of Clause 1 was then voted on and was Carried . COUNCIL MINUTES DECEMBER 3, 2012 302CITY OF KITCHENER - - Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “That Clause 1 of the Community and Infrastructure Services Committee report, be adopted, as amended.” Carried . Councillor Y. Fernandes advised that the owner of 397 Gravel Ridge Trail was in attendance with respect to the designation of her property under Part IV of the Ontario Heritage Act, listed as Item 10 k) under By-laws. She requested that Council give three readings to the subject by-law. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki “That the following by-law listed on the agenda, be given three readings, namely: Being a by-law to designate the property municipally addressed as 397 Gravel Ridge Trail (commonly known as the Donnenwerth House), in the City of Kitchener as being of cultural heritage value or interest. be taken as read a first, second and third time, be finally passed and numbered 2012-166 by the Clerk.” Carried . Moved by Councillor K. Galloway Seconded by Councillor B. Ioannidis “That the report of the Community & Infrastructure Services Committee be adopted.” A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor D. Glenn- Graham, to amend Paragraph 6 of Clause 3 of the Committee report to include rumble strips and crossing guards as part of the review to be provided by staff in August 2013. Mr. J. Willmer advised that the current recommendation states that rumble strips and crossing guards not be implemented at this time. He indicated that staff determined that neither measure would be appropriate for this roundabout, noting that any further review would conclude that those measures should not be implemented. LOST. Councillor Fernandes’ amendment to Paragraph 6 of Clause 3 was voted on and The Community and Infrastructure Services Committee report was then voted on Clause by Clause. Dealt with under Delegations and Clause 1– Carried, as Amended. Carried. Clause 2– Carried. Clause 3 – Moved by Councillor S. Davey Seconded by Councillor P. Singh “That the report of the Finance and Corporate Services Committee be adopted.” Councillor J. Gazzola requested that each paragraph of Clause 2 and Paragraph 3 of Clause 3 be voted on separately by recorded vote. Councillor P. Singh spoke to Paragraph 2 of Clause 3, which directs staff to report back with an option for a different division of the approximate $2M remaining in the Local Environmental Action Fund (LEAF). He stated that those options were to be based on the comments made at the COUNCIL MINUTES DECEMBER 3, 2012 303CITY OF KITCHENER - - November 26, 2012 Committee meeting, adding that he would like to see the unfunded capital projects for McLennan Park, Victoria Park and the Huron Natural Area included in those options. A motion was brought forward by Councillor P. Singh, seconded by Councillor F. Etherington, to amend Paragraph 2 of Clause 3 of the Committee report to add the unfunded capital projects for McLennan Park, Victoria Park and the Huron Natural Area as proposed funding options for the remaining LEAF funds. LOST Councillor Singh’s amendment was then voted on and on a recorded vote, with Councillors F. Etherington, Y. Fernandes and P. Singh voting in favour; and Mayor C. Zehr and Councillors J. Gazzola, B. Ioannidis, K. Galloway-Sealock, S. Davey, D. Glenn-Graham and Z. Janecki voting in opposition. Carried Paragraph 1 of Clause 3 of the Committee report was then voted on and on a recorded vote, with Mayor C. Zehr and Councillors K. Galloway-Sealock, S. Davey, D. Glenn-Graham, F. Etherington, and P. Singh voting in favour; and Councillors J. Gazzola, B. Ioannidis, Y. Fernandes and Z. Janecki voting in opposition. LOST Paragraph 2 of Clause 3 of the Committee report was then voted on and as a result of a tie on a recorded vote, with Councillors D. Glenn-Graham, B. Ioannidis, K. Galloway-Sealock, P. Singh and Y. Fernandes voting in favour; and Mayor C. Zehr and Councillors F. Etherington, J. Gazzola, S. Davey and Z. Janecki, voting in opposition. , Mr. D. Chapman, Deputy CAO – Finance and Corporate Services advised that as Paragraph 2 was defeated, staff are no longer required to report back with additional information; accordingly, it was agreed to remove the phrase “together with all additional information to be provided by staff,” from Paragraph 3 of Clause 3. Carried Paragraph 3 of Clause 3 of the Committee report, as amended, was then voted on and on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis, Z. Janecki, S. Davey, D. Glenn- Graham, F. Etherington and P. Singh voting in favour; and Councillors J. Gazzola, Y. Fernandes and K. Galloway-Sealock voting in opposition. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Carried, on a recorded Clause 2 - Paragraph 1 - vote. In Favour: Mayor C. Zehr and Councillors B. Ioannidis, D. Glenn-Graham, K. Galloway- Sealock, F. Etherington, S. Davey, P. Singh, Y. Fernandes, and Z. Janecki. Contra : Councillor J. Gazzola Carried, on a recorded Clause 2 - Paragraph 2 - vote. In Favour: Mayor C. Zehr and Councillors Y. Fernandes, B. Ioannidis, D. Glenn-Graham, F. Etherington, J. Gazzola, S. Davey and P. Singh Contra : Councillors K. Galloway-Sealock and Z. Janecki. Carried, as amended, on recorded Clause 3 - votes. Carried. Balance of report - At the request of Councillor Y. Fernandes, Mr. M. May agreed to follow-up as to the timing of when an update would be provided on the proposed Rental Housing By-law. COUNCIL MINUTES DECEMBER 3, 2012 304CITY OF KITCHENER - - Councillor K. Galloway-Sealock requested that staff also report back as to when the proposed on- street parking review would be presented to Council. Councillor J. Gazzola had given notice that he would bring forward a Motion to Reconsider Council’s November 19, 2012 decision to deny an extension beyond the maximum allowable years of service to enable Mr. Kerry Kirby’s re-appointed to Heritage Kitchener, listed as Item 8 a) under New Business. He advised that Heritage Kitchener’s Terms of Reference stipulates that the Committee is required to have at least one member from each of the City’s four Heritage Conservation Districts. He indicated that while Mr. Kirby had exceeded the term limit, he was the representative from the St. Mary’s Heritage Conservation District; and should therefore, be re-appointed to the Committee. Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn-Graham “That pursuant to Section 25.7.15 of Chapter 25 of the Municipal Code (Procedure), the LOST following motion that was at the November 19, 2012 special Council meeting, be reconsidered: That notwithstanding the provisions of Clause 3.1 of Council Policy I-63 (Appointments to Boards and Committees), Council hereby confirms the appointment of Kerry Kirby to Heritage Kitchener in excess of the maximum allowable years of service.” A recorded vote was requested. In Favour : Councillors Z. Janecki, D. Glenn- Graham, F. Etherington, J. Gazzola, S. Davey and Y. Fernandes. Contra : Mayor C. Zehr, Councillors B. Ioannidis, K. Galloway-Sealock and P. Singh. Motion LOSTas it failed to achieve the required , 2/3 majority of all members present. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date, related to Clause 3 of the November 26, 2012 Community and Infrastructure Services Committee report concerning amendments to the Uniform Traffic By-law as well as a zoning amending by-law submitted by Primeland Developments for lands located south of Huron Road and west of Strasburg Road as outlined in Clause 1 of the Planning and Strategic Initiatives Committee report. Moved by Councillor B. Ioannidis Seconded by Councillor J. Gazzola “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. (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. COUNCIL MINUTES DECEMBER 3, 2012 305CITY OF KITCHENER - - (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (g) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees – Committee of Adjustment. (h) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees – Planning Matters. (i) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (j) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (k) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (l) To confirm all actions and proceedings of the Council. (m) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Primeland Developments (2003) Limited, Stages 4, 5, 6 of Draft Approved Plan 30T-98201 – Huron Road west of Strasburg Road. 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 P. Singh as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor P. Singh Seconded by Councillor F. Etherington “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. Moved by Councillor B. Ioannidis Seconded by Councillor J. Gazzola “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. 2012-156) (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. 2012-157) COUNCIL MINUTES DECEMBER 3, 2012 306CITY OF KITCHENER - - (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. 2012-158) (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2012-159) (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2012-160) (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2012-161) (g) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees – Committee of Adjustment. (By-law No. 2012-162) (h) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees – Planning Matters. (By-law No. 2012-163) (i) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2012-164) (j) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (By-law No. 2012-165) (k) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (By-law No. 2012-167) (l) To confirm all actions and proceedings of the Council. (By-law No. 2012-168) (m) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2012-169) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Primeland Developments (2003) Limited, Stages 4, 5, 6 of Draft Approved Plan 30T-98201 – Huron Road west of Strasburg Road. (By-law No. 2012-170) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. COUNCIL MINUTES DECEMBER 3, 2012 307CITY OF KITCHENER - - On motion, the meeting adjourned at 10:06 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 3, 2012 308CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That the Safe & Healthy Community Advisory Committee’s 2013 work plan focus on matters related to enhancing and maintaining a healthy community together with community safety and crime prevention as well as undertaking a review of its Terms of Reference; and, That $10,000 be earmarked within the 2013 budget for the Safe & Healthy Community Advisory Committee to respond to community requests, with the remaining funds being used to cover meeting expenses and a portion of contract staff costs associated with this committee; and, That should the Committee continue to exist, the 2014 budget for the Safe & Healthy Community Advisory Committee be reduced to $10,000, and that the remaining budget allocation be transferred to the Community Grants Tier 2 budget and associated application and review process; and, That the existing structure of the Safe and Healthy Community Advisory Committee continue; and, That staff be directed to advertise for new members; and further, That the effectiveness of the Safe & Healthy Community Advisory Committee be re-evaluated prior to June 2014. (Dealt with under Delegations and Carried, as Amended) 2. That staff proceed with the development of a new Leisure Facilities Master Plan (LFMP) for consideration by Council in the third quarter of 2013. 3. That Transportation Services are to consider utilizing oversized speed limit signs when implementing a 50 km/h speed limit on Huron Road from a point 400 metres north of Strasburg Road to a point 400 metres south of Strasburg Road; and , That Waterloo Regional Police Services be requested to enforce speeding on Huron Road and Strasburg Road effective immediately; and, That City of Kitchener staff provide on-site educational support on the safe and proper use of roundabouts by pedestrians in early 2013 and at the beginning of each school year at the Huron Road / Strasburg Road roundabout, in conjunction with the Waterloo Region District School Board and Huron Heights Secondary School; and, That Portable Variable Message Signs (PVMS), with the message of “Stop For Pedestrians At Roundabout”, be posted in advance of the Huron Road / Strasburg Road roundabout on the two Huron Road approaches for a two (2) week period; and, That Transportation Services continue to monitor the traffic speed, volume and pedestrian conditions at this roundabout; and That rumble strips and crossing guards were considered at this location, will not be implemented at this time, and, That staff review this implementation and report back to the Community & Infrastructure Committee on August 12, 2013. That the Uniform Traffic Bylaw be amended accordingly. COUNCIL MINUTES DECEMBER 3, 2012 309CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor licence for Treme located at 15 Scott Street, applied for by 8270708 Canada Inc. (herein referred to as the “Applicant”); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishment Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area’s License and Entertainment Committee and attend its meetings; 3. to abide by a set 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries), in other words alcohol sales will be limited to 60% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 2. That the Local Environmental Action Fund (LEAF) grant program reluctantly be terminated effective immediately; and further, That future revenues generated from use of the Kitchener Operations Facility (KOF) solar roof be transferred to the tax supported operating budget. (Carried, on a recorded vote) 3. That the remaining balance in the discontinued Local Environmental Action Fund (LEAF) grant program be divided to provide that approximately $2M be allocated to Community Trails and $800,000 to the Emerald Ash Borer; and, be deferred for consideration and decision to the January 17, 2013 That this resolution special Finance and Corporate Services Committee meeting as part of the final 2013 budget deliberations. (Carried, as Amended on a recorded vote) 4. That Council Policy I-217 (Accessibility Standards for Customer Service) be repealed and replaced with the Accessibility Policy, attached to Community Services Department report CSD-12-149. 5. That Council Policy I-605 (Investment Policy) be repealed and replaced with the policy attached as Appendix A to Finance and Corporate Services Department report FCS-12-189. COUNCIL MINUTES DECEMBER 3, 2012 310CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 6. WHEREAS the Region of Waterloo’s Brownfield Remediation Tax Increment Grant (TIG) program supports the mutual objective of the City of Kitchener and Region of Waterloo with respect to revitalizing underutilized properties, growing the assessment base, intensification, creating employment and environmental stewardship; and, WHEREAS the City of Kitchener was advised on October 26, 2012 that the Region of Waterloo’s TIG and Phase Two Environmental Site Assessment Grant was being suspended immediately due to lack of funding; and, WHEREAS the suspension of these programs will likely delay or stop important redevelopment projects that are currently at various stages of planning and that require both City and Regional TIG funding to remain viable; NOW THEREFORE BE IT RESOLVED that the City of Kitchener requests that the Region of Waterloo include funding in the 2013 budget to maintain the existing Brownfield Remediation TIG program and the Phase Two Environmental Site Assessment Grant program; and, BE IT RESOLVED that the City of Kitchener requests that the Regional Council direct Regional Staff to continue to receive and process applications for the Brownfield Remediation Programs; and further, BE IT FINALLY RESOLVED that copies of this resolution be circulated to all area municipalities within the Region of Waterloo. PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That Zone Change Application - ZC 12/14/H/JVW and the modification to draft Plan of Subdivision - 30T-98201 submitted by Primeland Developments for lands located south of Huron Road and west of Strasburg Road, be approved as outlined in Community Services Department report CSD-12-141; and further, That staff be directed to provide written assurance to the affected parties as to the City’s commitment to Condition 95, which outlines that the Subdivider agrees to provide an easement to the City upon request, for the purpose of providing servicing to adjacent lands as well as the responsibilities related to the provision of additional depth and capacity. (Dealt with under Delegation and Carried, as Amended on a recorded vote) COUNCIL MINUTES DECEMBER 3, 2012 311CITY 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. FCS-12-194 – Authorization to Execute Amendments to Agreement of Purchase & Sale and Development Agreement – Centre Block – and Assignment of Phase 3 Lands Attached is Finance and Corporate Services Department report FCS-12-194 (L. MacDonald). Councillor B. Ioannidis declared a pecuniary interest as he owns property in the subject area; and accordingly, he abstained from all discussion and voting regarding this matter. It was resolved: “That the Mayor and Clerk be authorized to execute amendments to the Agreement of Purchase and Sale and to the Development Agreement with Andrin Investments Limited and Ridgewood Holdings Inc. with respect to the property known as the Centre Block lands, to adjust the various clauses of the agreements to facilitate the assignment of the Phase 3 lands to Ridgewood Holdings Inc. or a related company to be incorporated and any other incidental changes which, as a result of change in circumstances, require adjustments; said amendments to be satisfactory to the City Solicitor; and further, That Ridgewood Holdings Inc. and its consultants be granted access to the Mayfair Hotel building and 156/158 King Street West for the purpose of reviewing the layout of the buildings, taking measurements and other advance assessment type work; said access to be in accordance with an access agreement satisfactory to the City Solicitor.”