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HomeMy WebLinkAboutCouncil - 2013-03-04 COUNCIL MINUTES MARCH 4, 2013 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor Z. Janecki. The meeting began with the singing of “O Canada” by Favia Gonzalez. At the request of Councillor K. Galloway-Sealock, it was agreed that the February 25, 2013 Standing Committee minutes be amended as follows: Finance & Corporate Services Committee minutes: the word “Sealock” be added to Councillor K. Galloway-Sealock’s name under those present; Community & Infrastructure Services Committee minutes: Councillor P. Singh be identified as voting in favour of the proposed amendments to Kitchener Municipal Code Chapter 711 (Open Air Burning). On motion by Councillor P. Singh, the minutes of the regular meeting held February 4, 2013 and special meetings held February 4 & 25, 2013, 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, pecuniary interests were disclosed at the in-camera meeting of City Council held February 25, 2013 by Councillors D. Glenn-Graham and P. Singh in respect to a land acquisition / disposition matter. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Mr. Sam Head, Dryden, Smith & Head Planning, addressed Council in support of the Committee of Adjustment Submission No. FN 2013-001 (337 Featherstone Crescent) listed as Item B.4 on the Committee of the Whole agenda. He circulated copies of 34 letters signed by area residents expressing support for the fence variance requested by the owners of 337 Featherstone Crescent. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “That the application of Brian & Maxcena Penney (Submission No. FN 2013-001) requesting permission to legalize an existing 1.8m (6’) high wooden privacy fence having a setback from an exterior side lot line abutting Featherstone Crescent of 0.2m (0.66’) rather than the required 0.91m (3’), on Lot 33, Registered Plan 58M-427, 337 Featherstone Crescent, Kitchener, BE APPROVED Ontario, , subject to the following condition: 1. That the owner(s) shall reduce the overall height of the existing fence by 15.24cm (6”) and shall install appropriate landscaping along the length of the fence abutting Featherstone Crescent, all to the satisfaction of the Director of Planning, by no later than June 30, 2013.” Carried Unanimously by all members present. Mr. Peter Adam was in attendance in opposition to the traffic calming measures proposed for the Siebert Avenue / Woodhaven Road / Harber Avenue neighbourhood, listed as Clause 6 on the Community and Infrastructure Services Committee report. He advised that in order for traffic calming measures to proceed, the City’s Traffic Calming Policy requires 60% support from residents based on receiving responses from at least 50% of all affected residents. He noted that only 36.4% of those surveyed provided a response and less than one quarter of all residents surveyed indicated support for the proposed traffic calming measures. He stated that as the number of respondents did not achieve the minimum response rate, City staff should not have moved forward with this matter. He commented that staff has indicated that they will re-evaluate the practice of bundling streets for future traffic calming reviews. He pointed out that when each of the subject streets is examined independently, it is revealed that only Harber Avenue achieved the minimum response rate. He suggested that Council may wish to consider modifying the proposed traffic calming measures to only apply the ones on Harber Avenue. In response to questions, Mr. Adam advised that he agrees with the residents of Harber Avenue who have demonstrated support for the measures proposed for their street. He reiterated that minimum support was not achieved for Siebert Avenue or Woodhaven Road, as the surveys for both of those streets failed to net the required 50% response rate. He expressed concern that staff decided to COUNCIL MINUTES MARCH 4, 2013 35CITY OF KITCHENER - - move forward with the proposed traffic calming measures without the required support of all affected residents. Ms. C. Fletcher, Director of Facilities Management, provided an overview of the response and approval rates for the surveys conducted on the following streets: Siebert Avenue had a 45.2% response rate with a 63.2% approval rate; Woodhaven Road had a 49.2% response rate with a 65.6% approval rate; and, Harber Avenue had a 70.6% response rate with a 91.7% approval rate. She indicated that 75 responses were received to the 141 surveys that were distributed to the residents of the three subject streets. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “That Clause 6 of the Community & Infrastructure Services Committee report of this date, be adopted.” Councillor J. Gazzola spoke in support of the traffic calming measures proposed for the Siebert Avenue / Woodhaven Road / Harber Avenue neighbourhood, advising that the intent of these measures is to enhance public safety. He added that with respect to process, staff has indicated they will be reviewing the City’s Traffic Calming Policy in terms of how feedback is gathered from affected residents. He noted that the recommended traffic calming measures will be reviewed after one year and if warranted, changes could be made at that time. Councillor Y. Fernandes stated that while she could support the installation of the speed hump, curve warning signs and a centreline on Harber Avenue, as outlined in Paragraphs 3 and 4 of Clause 6 of the Committee report; given the lack of support by area residents, she was opposed to the other recommended measures. Accordingly, she requested that Paragraphs 3 and 4 of Clause 6 be voted on separately. The motion to adopt Clause 6 of the Community and Infrastructure Services Committee report was then voted on in two separate parts, as follows: Carried. Paragraphs 1 & 2 – Carried. Paragraphs 3 & 4 – Motion Carried. Mayor C. Zehr commented that the owner of 500 Stauffer Drive was in attendance with respect to the by-law to designate that property under Part IV of the Ontario Heritage Act. Accordingly, Council considered the proposed designating by-law listed as Items 10 f) and 13 f) (By-laws) on the meeting agenda. Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway-Sealock That leave be given the Mover and Seconder to introduce the following by-law for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk: f) Being a by-law to designate the property municipally addressed as 500 Stauffer Drive, in the City of Kitchener, as being of cultural heritage value or interest. (By-law 2013-026) Carried. Council then considered Infrastructure Services Department report INS-13-021 (H. Gross) concerning the dates for a special Planning & Strategic Initiatives Committee meeting to present the Technically Preferred alignment for the Strasburg Road Extension as well as the Environmental Study Report (ESR) on that matter; listed as Item B.6) on the Committee of the Whole agenda. COUNCIL MINUTES MARCH 4, 2013 36CITY OF KITCHENER - - Mayor C. Zehr advised that since the printing of the agenda, it was determined that the ESR would be presented at the October 21, 2013 Planning & Strategic Initiatives Committee meeting; rather than the September 30, 2013 Committee meeting, as outlined in Paragraph 2 of the recommendation contained in Report INS-13-021. On motion by Councillor K. Galloway-Sealock, seconded by Councillor B. Vrbanovic, the recommendation contained in Report INS-13-021 was brought forward for consideration with the date for the presentation of the ESR revised to October 21, 2013. At the request of Councillor B. Vrbanovic, it was agreed to amend the start time for the May 22, 2013 special Planning & Strategic Initiatives Committee meeting from 7:00 p.m. to 6:00 p.m. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Vrbanovic “That a special Planning and Strategic Initiatives Committee be held on May 22, 2013 at 6:00 p.m. to present the Technically Preferred alignment for the Strasburg Road Extension from North of Stauffer Drive to New Dundee Road; and further, That the Environmental Study Report (ESR) be presented at the October 21, 2013 Planning and Strategic Initiatives Committee for endorsement and filing for the mandatory 30 day public review period.” Carried, as Amended. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. At the request of Councillor J. Gazzola, Ms. C. Fletcher agreed to provide additional information as to why the net cost being awarded for Expression of Interest E13-010 (Consultant Services - Block Line Road Improvements), listed as Item B.1i) on the Committee of the Whole agenda, was $83,832.94, while the estimated costs for this phase of work includes projected staff costs in the amount of $88,982. In response to questions regarding Tender T12-081 (Moore Avenue Road Reconstruction), Mr. D. Chapman, Deputy CAO – Finance and Corporate Services, indicated that the work proposed to be undertaken on Moore Avenue is consistent with the recommendations outlined in the Cycling Master Plan. He stated that the road width does not allow for the installation of sidewalks on both sides of the street or separate bicycle lanes; therefore, Moore Avenue will be designated as a shared use road, in accordance with what was set out in the Master Plan. He agreed to provide further details confirming whether the shared use designation would be identified through the use of signage installed along this portion of Moore Avenue. Councillor D. Glenn-Graham advised that he would be willing to facilitate a meeting between Transportation Services staff and area residents as to what would be undertaken as part of the Moore Avenue reconstruction project. It was noted that any changes that might be proposed for Moore Avenue as a result of that meeting would need to be within the scope of work and budgetary envelope already specified for Tender T12-081. At the request of Mayor C. Zehr, Ms. Fletcher further agreed to circulate to all members of Council copies of the Explanation of Project Surpluses - 2013 Engineering Tenders. Moved by Councillor B. Ioannidis Seconded by Councillor B. Vrbanovic “That Expression of Interest E13-010 – Consultant Services – Block Line Road Improvements McCormick Rankin, (Strasburg Road to Homer Watson Boulevard), be awarded to Kitchener, Ontario at their estimated fee of $82,383., including contingencies of $7,489. plus H.S.T. of $10,710., for a total of $93,093., based on a satisfactory contract being negotiated and an upset fee being established.” - and - COUNCIL MINUTES MARCH 4, 2013 37CITY OF KITCHENER - - “That Tender T12-081 – Moore Avenue (Emma Avenue to Graham Street) Road Network Sewer and Watermain Ltd., Cambridge, Ontario Reconstruction, be awarded to at their corrected tendered price of $1,800,631.76., including provisional items and contingencies of $175,000., plus H.S.T. of $234,082.13, for a total of $2,034,713.89.” - and - “That Tender T13-013 – Queen Street South Reconstruction (Courtland Avenue to Charles Terracon Underground Ltd., Brantford, Ontario Street), be awarded to at their amended tendered price of $2,332,520.80, including provisional items and contingencies of $412,076.65, plus H.S.T. of $303,227.70, for a total of $2,635,748.50.” Carried. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “That the report of the Community & Infrastructure Services Committee be adopted.” Councillors F. Etherington and J. Gazzola spoke in opposition to the amendments proposed for Kitchener Municipal Code Chapter 711 (Open Air Burning) listed as Clause 10 of the Committee report. Both Councillors indicated a desire for the City to enact a complete ban on backyard recreational fires. Messrs. S. Turner, Director of By-law Enforcement, and T. Beckett, Fire Chief, were in attendance and responded to questions concerning the amendments proposed for Chapter 711. Mr. Turner advised that during an investigation into a nuisance complaint, it may become necessary to speak to the person who is being adversely impacted by the recreational fire. He noted that this would not be possible if the complaint was filed anonymously. He stated that if a recreational fire was in contravention to the setback limits specified in Chapter 711, then an officer could pursue charges without a witness statement. He added that except where it is obvious to an officer that the level of smoke is causing a nuisance, given the subjective nature of such a complaint a witness statement may be needed in order to proceed with a prosecution. Councillor D. Glenn-Graham advised that provided Enforcement staff is able to respond to complaints within two hours, he would be willing to support the amendments proposed for Chapter 711. In addition, he requested that staff report back in January 2014 providing an assessment as to the effectiveness of the proposed amendments, including statistics on the number of complaints and response rate. The Community and Infrastructure Services Committee report was then voted on clause by clause. Dealt with under Delegations and Clause 6 – Carried. Carried, on a recorded vote. Clause 10 - In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway-Sealock, D. Glenn-Graham, B. Ioannidis and B. Vrbanovic. Contra : Councillors J. Gazzola, Y. Fernandes, and F. Etherington. Absent : Councillor Z. Janecki Carried. Balance of report – Moved by Councillor S. Davey Seconded by Councillor P. Singh “That the report of the Finance and Corporate Services Committee be adopted.” COUNCIL MINUTES MARCH 4, 2013 38CITY OF KITCHENER - - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington “That the report of the Planning & Strategic Initiatives Committee be adopted.” Councillor P. Singh declared a pecuniary interest with respect to Clause 1 of the Committee report related to the Official Plan Amendment Application OP 12/02/K/HH and Zone Change Application ZC 12/15/K/HH for 490-520, 510 King Street West and 16, 50 and 60 Victoria Street North (Multi-Modal Hub) as his family owns property within one block of the subject site; and accordingly, he abstained from all discussion and voting concerning this matter. The Planning and Strategic Initiatives Committee report was then voted on clause by clause. Carried. Clause 1 – Recorded Pecuniary Interest and Abstention: Councillor P. Singh as his family owns property within one block of the subject site. Carried. Balance of report – Councillor K. Galloway-Sealock requested that staff continue to expedite the investigation into the house explosion that occurred on Activa Avenue on January 27, 2013; and, report back with options within the City’s jurisdiction to assist in alleviating the fears of residents in that area. Chief T. Beckett clarified that the Ontario Fire Marshal’s Office is taking the lead on the investigation into the January 27, 2013 house explosion. He stated that it has already been ruled out that the explosion was caused due to the furnace or hot water heater. He added that this investigation could take several more months and given the level of devastation the cause of the explosion might never be identified. Councillor B. Ioannidis requested that a report be provided prior to the end of June, 2013 as to possible measures that could be taken to remove snow from the City’s walking trails, particularly those in close proximity to schools and seniors facilities. At the request of Councillor J. Gazzola, it was agreed that the previously circulated report outlining options for snow removal on City sidewalks would be circulated as background information with the report requested by Councillor Ioannidis. At the request of Councillor B. Vrbanovic, it was further agreed that the report requested by Councillor Ioannidis would be circulated to the Grand River Accessibility Advisory Committee (GRAAC) and the Independent Living Centre prior to being considered by City Council. Councillor F. Etherington gave notice that he would introduce a motion at the meeting this date directing staff to report back to the May 27, 2013 Community and Infrastructure Services Committee meeting with an Urban Design Brief to determine the optimum development envelope for the Rockway Centre site, optimizing the density of the site, considering public-private services and the provision of the necessary space to provide older adult programming now and into the future; listed as Item 8 a) under New Business. Councillor B. Vrbanovic proposed an amendment to Councillor Etherington’s motion to expand the requested Urban Design Brief to determine the feasibility of a similar public-private partnership being applied to the Forest Heights Community Centre. He commented that the overall tenets of this proposal is to examine the potential to add a residential tower on top of a community centre, while using private sector funding to assist with the costs of constructing the community centre. Mr. M. May, Deputy CAO – Community Services, cautioned that if the scope of the proposed Urban Design Brief was expanded to include a second site then the costs associated with this proposal would exceed the $25,000. threshold and would require a more competitive Request for Proposal COUNCIL MINUTES MARCH 4, 2013 39CITY OF KITCHENER - - process. He added that having to undertake such a process would delay the timing for this project, thereby making it improbable that staff would be able to report back to the May 27, 2013 Committee meeting. , Mr. R. Regier, Executive Director, Economic Development spoke to the differences between the two sites, advising that the public-private partnership opportunity at the Rockway Centre is derived from it being set within an intensified urban area close to the proposed location of the Regional Light Rail Transit. He added that comparatively, the Forest Heights Community Centre is located in a suburban area, with reduced access to public transit. He stated that from a design point of view this would be two very different projects. He suggested that if there is value created by pursuing the proposed public-private partnership at the Rockway Centre, then there would be potential to apply this model to another community centre, in the future. Mr. May indicated that the work proposed for the Rockway site is estimated to cost between $15,000. to $20,000. He added that the Rockway site has significant constraints and is not a simple property to undertake this kind of project. Accordingly, there will be significant work that would be needed for the Rockway Centre, which is different from the work that would need to be undertaken for the Forest Heights Community Centre. He suggested that if Council wished to expand the scope of the proposed design brief to include the Forest Heights Community Centre, then Councillor Etherington’s motion should be further amended to waive the standard purchasing policy requirements and increase the upset limit for this project. He clarified that $40,000. was allocated to pursue the Rockway Feasibility Study; however, no funding has been allocated for the work proposed by Councillor Etherington. He noted that if approved, the design brief would need to be funded through existing resources. He confirmed that further funding would be required to expand the scope to include the Forest Heights Community Centre. Several members indicated that while they would support the motion that was brought forward by Councillor Etherington, they would not be interested in pursuing an expansion to the Urban Design Brief to include the Forest Heights Community Centre. Councillor B. Vrbanovic indicated that based on the comments and information provided, he would withdraw his proposed amendment to Councillor Etherington’s motion. Moved by Councillor F. Etherington Seconded by Councillor B. Vrbanovic “WHEREAS the City of Kitchener is preparing a Feasibility Study and Business Case for the Rockway Centre and Site; and, WHEREAS eight options have emerged in the study, based on the research and community consultation; and, WHEREAS two of the options, option seven and eight, consider building a public-private, mixed-use structure as an addition to the Rockway Centre, and building a public-private, mixed-use structure in place of the Rockway Centre respectively; and, WHEREAS completing the necessary investigation into the details of options seven and eight were beyond the scope and resources of the Feasibility Study and Business Case; THEREFORE BE IT RESOLVED that staff be directed to complete an Urban Design Brief to determine the optimum development envelope for the Rockway Centre site, optimizing the density of the site, considering public-private services and the provision of the necessary space to provide older adult programming now and into the future; and, BE IT FINALLY RESOLVED that this information be brought back for consideration by the Community and Infrastructure Services Committee, along with the Rockway Feasibility Study and Business Case on May 27, 2013.” A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, K. Galloway-Sealock, Y. Fernandes, B. COUNCIL MINUTES MARCH 4, 2013 40CITY OF KITCHENER - - Ioannidis, P. Singh, F. Etherington and D. Glenn- Graham. Contra: Councillor J. Gazzola Absent: Councillor Z. Janecki Carried. Council agreed to the request of Ms. J. Billett, Deputy City Clerk, to add three additional by-laws for three readings this date, being an official plan amendment and related zoning by-law amendment related to Clause 1 of the Planning and Strategic Initiatives Committee report and a by-law to replace and repeal Municipal Code Chapter 711 (Open Air Burning) related to Clause 10 of the Community . and Infrastructure Services Committee report Moved by Councillor B. Vrbanovic Seconded by Councillor B. Ioannidis “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) Being a by-law to provide for the establishing and laying out of part of Landgren Court as a public highway in the City of Kitchener. (e) Being a by-law to assume certain lands within the City of Kitchener as a public highway. Dealt with under Delegations and Carried (f) (g) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (h) To confirm all actions and proceedings of the Council. (i) Being a by-law to adopt Amendment No. 95 to the Official Plan. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Regional Municipality of Waterloo. (k) Being a by-law to repeal and replace Chapter 711 of the City of Kitchener Municipal Code with respect to Outdoor Burning. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor 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 COUNCIL MINUTES MARCH 4, 2013 41CITY OF KITCHENER - - “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. Vrbanovic Seconded by Councillor B. Ioannidis “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. 2013-021) (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. 2013-022) (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 2013-023) (d) Being a by-law to provide for the establishing and laying out of part of Landgren Court as a public highway in the City of Kitchener. (By-law No. 2013-024) (e) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2013-025) Dealt with under Delegations and Carried (f) (g) 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. 2013-027) (h) To confirm all actions and proceedings of the Council. (By-law No. 2013-028) (i) Being a by-law to adopt Amendment No. 95 to the Official Plan. (By-law No. 2013-029) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Regional Municipality of Waterloo. (By-law No. 2013-030) (k) Being a by-law to repeal and replace Chapter 711 of the City of Kitchener Municipal Code with respect to Outdoor Burning. (By-law No. 2013-031) be taken as read a third time, be finally passed and numbered serially by the Clerk.” COUNCIL MINUTES MARCH 4, 2013 42CITY OF KITCHENER - - Carried. On motion, the meeting adjourned at 9:20 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 4, 2013 43CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That Demolition Control Application DC12/25/R/MV requesting permission to demolish two (2) single detached dwellings located at 48 & 56 River Road East, owned by Aberdeen Homes, be approved with the following condition: That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: That in the event that construction of the new dwelling unit is not substantially complete within two years from the day demolition of the existing residential property is commenced, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 2. That the Uniform Traffic By-law be amended to install an all-way stop at the intersection of Mill Street and Heiman Street. 3. That the Uniform Traffic By-law be amended to designate the eastbound curb lane on Pioneer Tower Road at Baxter Place as a right turn only lane. 4. That the Uniform Traffic By-law be amended to designate the southbound curb lane on Krug Street at Lancaster Street East as a right turn only lane. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Canadian Cancer Society, Waterloo Region Unit, for their Relay For Life Event at Resurrection High School between the hours of 7 A.M. on June 14, and 12 noon on June 15, 2013. 6. That one speed hump and one raised crosswalk be installed on Siebert Avenue between Harber Avenue and Clark Avenue; and, That one speed hump and one road narrowing be installed on Woodhaven Road between Wilson Avenue and Reyburn Avenue; and, That one speed hump be installed on Harber Avenue between Clark Avenue and Byron Avenue; and further, That curve warning signs and a centreline be installed on Harber Avenue through the curve located between Broadmoor Avenue and Byron Avenue. (Dealt with under Delegations and Carried) 7. That traffic calming measures not be implemented for the Perth Road - Pleasant Avenue - Belmont Avenue Neighbourhood. 8. That three speed humps be installed on Country Hill Drive between Cherry Hill Drive and Martinglen Crescent; and, That one raised crosswalk be installed on Country Hill Drive in front of Country Hills Public School between Old Country Drive and Coach Hill Drive; and further, That one raised crosswalk be installed on Country Hill Drive at the trail crossing between Coach Hill Drive and Four Seasons Court. COUNCIL MINUTES MARCH 4, 2013 44CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 9. That traffic calming reviews be initiated in 2013 for the following streets: • Heiman Street - Highland Road to Mill Street; • Pioneer Drive - Doon Village Road to Homer Watson Boulevard; • Franklin Street North - Weber Street to Ottawa Street North; and, • Trussler Road - Highland Road to Highview Drive. 10. That a by-law be enacted to repeal and replace Chapter 711 (Open Air Burning) of the City of Kitchener Municipal Code to limit the permitted hours to conduct recreational fires in a firepit or fireplace to between 6:00 PM and 11:00PM, to provide for a process to ban open air burning on a property found to be a chronic problem and provide for housekeeping changes as outlined in Community Services Department report CSD-13-015; and, That a Council Policy statement be adopted to help guide the administrative and enforcement process relating to Chapter 711 (Open Air Burning) of the City of Kitchener Municipal Code, as outlined in Report CSD-13-015; and further, That discussions continue to be held with Bingemans as to how they could mitigate any potential risks associated with having outdoor fires. (Carried on a recorded vote) 11. That the 2012 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg.170/03 Schedule 22 of the Safe Drinking Water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water report to the Township of Woolwich as required by Schedule 22 of O.Reg.170/03. FINANCE AND CORPORATE SERVICES COMMITTEE – 1.That subsection (b) of the Agreement Conditions and Execution section of Council Policy Number I-1205 (Outdoor Patio Encroachments) be amended to change the commencement of the regular patio season from “the date of the agreement” to “the date set by the Manager of Maintenance and Operations on an annual basis”; and the remainder of Chief Administrator’s Office report CAO-13-006 be received for information. 2. That the Mayor and Clerk be authorized to execute on behalf of the City an amending agreement for the Lease Agreement with the Downtown Crepe Café, for the Retail Unit #2, located at 28 Benton Street, as outlined in Chief Administrator’s Office report CAO-13-007; said agreement to be satisfactory to the City Solicitor. PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That Official Plan Amendment Application OP12/02/K/HH (Regional Municipality of Waterloo, 490-520 King Street West, 16-60 Victoria Street North) requesting a new Special Policy Area and associated policies be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD-13-009 as Appendix “A”, and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC12/15/K/HH (Regional Municipality of Waterloo, 490-520, 510 King Street West, 16, 50, 60 Victoria Street North) for the purpose of changing the zoning from Warehouse District Zone (D-6) with and without site-specific provisions to Warehouse District Zone (D-6) with Special Regulation Provision 638R, Special Use Provisions 426U and 427U and Holding Provision 68H be approved in the form shown in the “Proposed By-law” dated January 18, 2013 attached to Report CSD-13-009 as Appendix “B”; and, COUNCIL MINUTES MARCH 4, 2013 45CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – (CONT’D) 1. (Cont’d) That the Urban Design Brief for the Region of Waterloo Multi-Modal Transit Hub, dated January 2013, and attached to Report CSD-13-009 as Appendix “C”, be adopted; and, That the City of Kitchener supports the transfer of Waterloo Street from Breithaupt Street to Victoria Street North to the Region of Waterloo, pursuant to Section 52 of the Municipal Act, provided that the transferred road is retained in Regional ownership and is used primarily for pedestrian or vehicular movement; and further, That the City of Kitchener participate in the procurement process to be undertaken by the Regional Municipality of Waterloo for the selection of a private sector development partner(s) for future development of the site. 2. That Option 3, as set out in Infrastructure Services Department report INS-13-015, be approved as the preferred location for the construction of new washroom facilities in Victoria Park in the vicinity of the parking lot at the corner of Jubilee Drive and David Street; and further, That the Facilities Management Division, in consultation with Park Planning and Development and Heritage Kitchener, be directed to proceed with detailed design and tender construction drawings of this new washroom building. COUNCIL MINUTES MARCH 4, 2013 46CITY 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-13-028 - Appointment – Environmental Committee Council considered Finance and Corporate Services Department report FCS-13-028 (C. Goodeve), dated February 22, 2013. It was resolved: “That notwithstanding Section 3.1 of Council Policy I-100 (Environmental Committee - Terms of Reference) restricting the number of community at large members, Stacey Danckert be appointed to the Environmental Committee for a term expiring November 30, 2014.” 3.FCS-13-023 – Surplus Lands – Joseph Schoerg Crescent Council considered Finance and Corporate Services Department report FCS-13-023 (S. Ross), dated February 15, 2013. It was resolved: “That the City declare surplus to its needs land legally described as Lot 38, Plan 58M- 400 to permit the re-conveyance of the said lands to the Subdivider; and further, That Legal Services be directed to re-convey the said lands to the Subdivider at no cost, on terms and conditions satisfactory to the City Solicitor.” 4.FCS-13-019 – Committee of Adjustment – Fence Variance Dealt with under Delegations. 5. Tag Day Request – Canadian Cancer Society Council considered correspondence from A. Gaudet, Fundraising Coordinator, Canadian Cancer Society / Scott Wilson Air Cadet Tag Day Committee, requesting permission to conduct a Tag Day on April 20, 2013. It was resolved: “That the request of the Canadian Cancer Society / Scott Wilson Air Cadet Tag Day Committee to conduct a Tag Day on April 20, 2013, on King Street between Ontario and Frederick Streets, on Ontario Street and Queen Street one block either side of King Street, on Eby Street and King Street outside of the Kitchener Farmers Market entrances and outside the entrances of the Kitchener Memorial Auditorium Complex, as outlined in correspondence from A. Gaudet, be approved.” 6.INS-13-021 - Class Environmental Assessment – Strasburg Road Extension – Project Timelines Dealt with under Delegations. COUNCIL MINUTES MARCH 4, 2013 47CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 7. FCS-13-026 – Uncollectible Utility Accounts Write-off Council considered Finance and Corporate Services Department report FCS-13-026 (S. Saleh), dated February 21, 2013. It was resolved: “That uncollectable Utility Accounts amounting to $38,942 be written off against the Allowance for Doubtful Utility Receivables.” 8.FCS-13-027 – Uncollectible Miscellaneous Receivable Accounts Write-off Council considered Finance and Corporate Services Department report FCS-13-027 (S. Saleh), dated February 21, 2013. It was resolved: “That uncollectable Miscellaneous Receivable Accounts amounting to $25,695 be written off against the Allowance for Doubtful Receivables.” 9.FCS-13-029 – Encroachment Agreement – Signage Request - 81 York Street Council considered Finance and Corporate Services Department report FCS-13-029 (J. Sheryer), dated February 26, 2013. It was resolved: “That subject to obtaining all necessary approvals and obtaining a minor variance for the setback, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 81 York St. (PIN 22421-0176) to legalize a proposed sign which will encroach approximately 0.8m, more or less, on the City’s York St. road allowance.” 10.FCS-13-030 – Encroachment Agreement – 207 Coach Hill Drive Council considered Finance and Corporate Services Department report FCS-13-030 (J. Sheryer), dated February 25, 2013. It was resolved: “That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 207 Coach Hill Dr. (PIN 22613-0105) to legalize an existing retaining wall which encroaches approximately 0.46m to 0.56m, more or less, on the City’s Cherry Hill Dr. road allowance.” 11. FCS-13-031 – Encroachment Agreement – 87-93 Cedar Street South Council considered Finance and Corporate Services Department report FCS-13-031 (J. Sheryer), dated February 25, 2013. Concerns were expressed regarding the number of times this developer has requested a variance from the City’s Committee of Adjustment with respect to the subject property. In addition, questions were raised as to whether some sort of financial penalty should be applied in relation to the encroachment. Mr. S. Ross, Assistant City Solicitor, advised that the requested encroachment agreement was a condition of approval from the Committee of Adjustment to legalize the existing concrete steps that COUNCIL MINUTES MARCH 4, 2013 48CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 11. FCS-13-031 – Encroachment Agreement – 87-93 Cedar Street South (Cont’d) have been constructed onto the City’s Cedar Street South road allowance. He added that in terms of financial repercussions, he does not believe that they are warranted in this instance. He noted that the reasons for this as well as information on those matters concerning this developer would need to be discussed in-camera. It was resolved: “That the following recommendation contained in Finance and Corporate Services Department report FCS-13-031 (J. Sheryer) with respect to an Encroachment be referred to the March 18, 2013 Agreement for 87-93 Cedar Street South, Kitchener, special Council meeting , pending additional information from staff: ‘That provided all necessary approvals and a complete submission for a minor revision to Site Plan Application SP11/072/C/AP in compliance with condition #1 of minor variance A2013-010 to the satisfaction of the Manager of Site Development and Customer Service are obtained, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 87-93 Cedar St. S. (PIN 22503-0092 and 22503-0091) to legalize existing steps which encroach approximately 0.92m, more or less, on the City’s Cedar St. S. road allowance.’”