Loading...
HomeMy WebLinkAboutCouncil - 2013-04-29Kell] I:N10khIlki Lei I *? APRIL 29, 2013 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 Joshua Warren, King School of Vocal. On motion by Councillor D. Glenn- Graham, the minutes of the regular meeting held April 15, 2013, and special meetings April 15 & 22, 2013, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE — (a) Letter from Premier Kathleen Wynne, dated April 12, 2013, acknowledging receipt of Council's resolution concerning casino development. Council observed a moment of silence in recognition of the recent passing of former member of Council, Alan Barron, who served as Alderman to the South Ward (8) from 1970 to 1982. Mayor C. Zehr advised that the flags at City Hall had been lowered this date in memory of Mr. Barron and extended an expression of sympathy to his family. Congratulations were extended to Councillor J. Gazzola on reaching the milestone of his 75th birthday. The following individuals received Awards of Merit in recognition of serving on special Committees and Boards as appointed by City Council. An Award of Merit is given for service in excess of 5 years and recipients personally received their award presented by Mayor C. Zehr. Peter Benninger Ian Cook Kim Knowles Laird Robertson Glenn Scheels The following recipients were unable to attend to receive their Award of Merit: John Ariens, Kerry Kirby, Karen Kwiatkowski, Claude Schneider and Steven Voll. Ms. Sandra Bender, CEO, Centre in the Square, presented details of the Centre's Strategic Plan advising that under the Plan, steps will be taken to contemporize their branding / design, provide a more premium experience, focus on reputational programming across all genres, curate high quality content, leverage `localness', and facilitate increased interaction between performers and audiences. This is to be achieved through diversified performing arts programming; audience and visitor development; improvements to achieve a 1st class facility and provision of services; review of organizational structure; and working to achieve strong financial performance. Councillor B. loannidis questioned how the Centre will attract audiences from within new and emerging sectors, particularly in technology. Ms. Bender advised that currently the facility is not representative of entertainment of a technical, cutting edge experience; however, the Centre is working with Christie Digital to bring technology in, as well as how it can work with local arts groups. She added that the Centre is positioning to have more premium content in shows on a more regular basis. Councillor loannidis inquired what is needed in terms of capital improvements to the facility. Ms. Bender advised that in the short term, upgrades to the lobby are planned to modernize the area and create a more conducive ambience. In the long term, items such as roofing, sound quality and lighting are to be considered. Councillor P. Singh inquired as to what is planned to decrease reliance on municipal dollars for operating costs. Ms. Bender advised that control of servicing to customers is one area to be looked at in terms of how to generate more in revenues through the quality and type of service being provided. Secondly, she stated that maximizing premium venues through better calendar management is essential to improving financial stability. She noted that historical bookings of local art groups may not be the right venue on premium days such as Thursday, Friday and Saturday and will require finding a shift that will be workable to all partners. Ms. Bender added that while sustainability in operating through a change in model could be achieved, the Centre will still be reliant on municipal dollars for capital improvements due to the high costs involved. COUNCIL MINUTES APRIL 29, 2013 _911- CITY OF KITCHENER Councillor F. Etherington inquired as to the impact of a change in calendar management to the K -W Symphony and K -W Art Gallery. Ms. Bender acknowledged the benefit of maintaining a contemporary art gallery at the site but noted there are challenges related to stabilizing the Gallery's finances so they may be a more equitable partner. In terms of the Symphony, she stated that the intent is not to de- stabilize or harm any organization but rather to look at modern ways to present venues and transition them over time. Councillor Etherington inquired as to any plans to reinstitute a restaurant facility. Ms. Bender advised there are no plans in the immediate future to do so, but there may be opportunity to introduce smaller venues within the chef industry. Councillor B. Vrbanovic inquired if the Centre is pursuing a corporate partnership / sponsorship strategy and if any discussions have been held with the City in terms of combining efforts. Ms. Bender stated that until the Centre is able to better manage its brand and content there will be challenges to corporate partnerships and sponsorships. She added that the Centre would be interested in working with the City to leverage corporate relationships. Councillor Vrbanovic asked that Ms. Bender provide the Centre's views on the issue of hosting a casino in Kitchener. Ms. Bender expressed the view that venues at the Centre would be highly impacted by any additional entertainment facilities like a casino. She noted that casinos have stringent exclusivity clauses that would prevent the Centre from competing for value entertainment and competition would also extend to the labour force as both seek to hire part time workers. Councillor D. Glenn- Graham suggested that the Centre expand on the VIP experience, by inviting the business community in to participate in focus groups and perhaps host a `meet and greet' for them with performing artists. Councillor J. Gazzola referred to the new operating agreement for the Centre and Ms. Bender advised that in addition to capital allocations, the Centre has entered into a four -year agreement with the City whereby an annual operating grant of $1.4M is provided without increase in each of the four years. Ms. Chris Farrell, Manager, Waterloo Region Small Business Centre, provided an overview of the Centre's services, business activities and strategic focus into 2015. Councillor J. Gazzola requested information on financial assistance received by the Centre from public sector sources. Ms. Farrell advised that contributions of approximately $155,000 are received from the Province, $77,000 from the City of Kitchener and $50,000 from the Region of Waterloo. In addition, the cities of Waterloo and Cambridge each provide $5,000 plus in -kind contributions. Councillor Gazzola inquired if those using the service contribute through program fees. Ms. Farrell advised that consultations are free but fees are charged for seminars and special events. Councillor D. Glenn- Graham requested clarification of arrangements with Communitech. Ms. Farrell advised that the Centre partners with Communitech by attending their facility to talk with young entrepreneurs and where Communitech feels a client would be better served, refers same to the Centre. Councillor S. Davey questioned what is trending in terms of service demand for start -up companies. Ms. Farrell advised that the largest trend is currently from within the food industry, along with tech and retail start -ups. 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, Mr. J. Witmer agreed to provide Council with detailed information pertaining to projected costs for staff time / permitting / material testing relative to Expression of Interest E13 -019 (Consultant Services — Water Street South Road Reconstruction). At the request of Councillor K. Galloway- Sealock, Mr. M. May agreed to provide Council with a list of other municipalities the proponent has had prior experience with relative to Expression of Interest E13 -037 (Consultant Services — Municipal Sponsorship Strategy). Moved by Councillor B. loannidis Seconded by Councillor B. Vrbanovic "That Tender T13 -005 — Annual Fire Life System Inspection, Maintenance and Repair, be awarded to York Fire Protection, Toronto, Ontario, at their tendered price of $207,520.50, COUNCIL MINUTES APRIL 29, 2013 -92- CITY OF KITCHENER plus H.S.T. of $26,977.67, for a total of $234,498.17, for a three (3) year term, with an option to renew for two (2) additional one (1) year terms." -and - "That Tender T13 -007 — Cured In Place Sanitary Sewer Lining, be awarded to Insituform Technologies Limited, Hamilton, Ontario at their tendered price of $329,315., including provisional items and contingencies of $99,515., plus H.S.T. of $42,810.95, for a total of $372,125.95." -and - "That Tender T13 -034 — Three (3) 29,936 kg (66,000 lb) G.V.W. Tandem Rear Axle Conventional Cab & Chassis, be awarded to Highway Sterling Western Star Inc., Ayr, Ontario, at their tendered price of $298,944. plus H.S.T. of $38,862.72 for a total of $337,806.72." -and - "That Expression of Interest E13 -019 — Consultant Services — Water Street South (King Street to Joseph Street) Road Reconstruction, be awarded to IBI Group, Waterloo, Ontario at their estimated fee of $113,448.50, including contingencies of $10,313.50, plus H.S.T. of $14,748.31, for a total of $128,196.81, based on a satisfactory contract being negotiated and an upset fee being established." PF.1ii eE "That Expression of Interest E13 -001 — 2013 Stormwater Management Audit, be awarded to Aquafor Beech Limited, Guelph, Ontario at their estimated fee of $71,274.50, including contingencies of $6,479.50 plus H.S.T. of $9,265.69, for a total of $80,540.19, based on a satisfactory contract being negotiated and an upset fee being established." 951ii eE "That Expression of Interest E13 -022 — Two (2) Stormwater Management Ponds and Naturalization of the Concrete Channel within Filsinger Park, be awarded to Stantec Consulting Ltd., Kitchener, Ontario at their estimated fee of $647,246.60, including contingencies of $58,840.60 plus H.S.T. of $84,142.06, for a total of $731,388.66, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Proposal P13 -004 Playground Construction, be awarded as follows: • Knollwood Park to Henderson Recreation Equipment Ltd., Simcoe, Ontario, at their proposed price of $14,767.30, plus H.S.T. of $1,919.75 for a total of $16,687.05; and, • Westwood Park to Active Playground Equipment Inc., Pt. Edward, Ontario, at their proposed price of $18,024.16, plus H.S.T. of $2,343.14 for a total of $20,367.30; and, • Breithaupt Park to PlayPower LT Canada Inc., Paris, Ontario, at their proposed price of $19,138.25, plus H.S.T. of $2,487.97 for a total of $21,626.22; and, • Pioneer Park to PlayPower LT Canada Inc., Paris, Ontario, at their proposed price of $19,035.95, plus H.S.T. of $2,474.67 for a total of $21,510.62; and, • Prospect Park to Blue Imp Recreational Products Ltd., Cambridge, Ontario, at their proposed price of $19,500., plus H.S.T. of $2,535. for a total of $22,035.; and, • Greengable Park to Henderson Recreation Equipment Ltd., Simcoe, Ontario, at their proposed price of $22,917.96, plus H.S.T. of $2,979.33 for a total of $25,897.29; and, COUNCIL MINUTES APRIL 29, 2013 -93- CITY OF KITCHENER Westchester Park to Henderson Recreation Equipment Ltd., Simcoe, Ontario, at their proposed price of $29,698.67, plus H.S.T. of $3,860.83 for a total of $33,599.50; and further, • Cedarhill Park to Blue Imp Recreational Products Ltd., Cambridge, Ontario, at their proposed price of $30,000.00, plus H.S.T. of $3,900.00 for a total of $33,900.00." -and - "That Tender T13 -009 Sewer Safety Cross Bore Inspection Program, be awarded to G -Tel Engineering, London, Ontario, at their tendered price of $299,035.80, plus H.S.T. of $38,874.65, for a total of $337,910.45." Carried. Moved by Councillor B. loannidis Seconded by Councillor B. Vrbanovic "That Expression of Interest E13 -037 Consultant Services — Municipal Sponsorship Strategy, be awarded to Centre of Excellence for Public Sector Marketing, Ottawa, Ontario, at their estimated fee of $50,250., plus H.S.T. of $6,532.50., for a total of $56,782.50, based on a satisfactory contract being negotiated and an upset fee being established." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors D. Glenn - Graham, B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillor J. Gazzola Motion Carried. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That the report of the Community & Infrastructure Services Committee be adopted." Mayor C. Zehr requested, and it was agreed, to amend Clause 6 of the report to insert reference to the subject property, being 4295 King Street East. In regard to Clause 4 dealing with a proposal to prohibit parking on both sides of a portion of Macville Avenue, Councillor S. Davey advised that he had canvassed area residents and of the 15 he had spoken with, 70% were in favour of the parking prohibition. The Community and Infrastructure Services Committee report was then voted on clause by clause. Clause 4 — Carried. Clause 6 — Carried, as Amended. Clause 8 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, B. loannidis, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh. Contra: Councillors J. Gazzola and Z. Janecki. Balance of Report — Carried. COUNCIL MINUTES APRIL 29, 2013 -94- CITY OF KITCHENER Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Finance and Corporate Services Committee be adopted." In regard to Clause 3 of the report, dealing with the launch of the "Kitchener Studio Project" (KSP), Councillor B. Vrbanovic commented that this is an innovative partnership that brings Conestoga College into the downtown and fits well with the City's Economic Development Strategy in terms of focus around digital media and attracting the creative class. He expressed the view that this is a positive move that will generate significant gains for the community in the long term. Councillor J. Gazzola noted that he had asked for more detailed financial information to be provided in respect to the KSP project. He advised that he was contemplating requesting deferral of this item as no additional information was received and maintained that the public has a right to know all cost implications. Mr. R. Regier acknowledged the request and reminded that the business case for this project had previously been circulated to Council. He stated that the figures referenced at Committee generally reflect those in the business case and he would undertake to re- circulate same to Council. Mr. Regier added that it is estimated the City will save approximately $18,000 in utility costs to be taken over by the College and capital costs for the project are estimated at $130,000 in order to prepare the building for occupancy. Additional costs for upgrades to the boiler system are approximately $70,000 and will have to be done regardless of this project. Mr. Regier advised that the total costs presented in the business case were estimated at $235,000; however, he suggested that the renovations could come under that amount. Councillor J. Gazzola suggested that a verbal account was not sufficient but rather financial details should be in written form and made available to the public prior to a vote being taken. Councillor P. Singh expressed disappointment that doubt is being shed on a matter that has had substantial public discussion and which provides good benefit to the community. He stated that the financial details were discussed in Committee and again this date, and the associated costs are necessary to lease a building which is currently not rentable. He reminded that staff had advised at Committee that to be marketable for a higher use such as commercial office space, the building would require improvements at greater cost, estimated to be between $600,000 to $1M. Councillor Singh stated that it is important to convey a positive message as this is a unique collaboration that brings the College into the downtown and is a good step forward in developing young entrepreneurs. Councillor Y. Fernandes stated that she would be interested in seeing a cost benefits analysis of the site following implementation of the project. Mr. R. Regier commented that he expects to see considerable experimentation at the site and one test will be in what permanent, ongoing programming develops. He added that staff will continue to monitor the private sector interest in partnering, as well as the kind of commitment educational partners will bring in moving forward and the number of students that commit to the project. Councillor F. Etherington expressed the view that this is a building that needs to be filled and is well worth the investment. He was satisfied that financial details have been given and anticipates high return on the investment. Councillor K. Galloway- Sealock commented that this is a good example of community collaboration that will improve economic development through job creation and talent retention. She stated that the investment is small in the grand scheme and the project will encourage students to get involved in the community. Councillor B. Ioannidis commented that this project creates opportunity for collaboration between the arts and technology sectors and he looked forward to seeing what develops beyond this initial stage. Councillor B. Vrbanovic referred to a recent article in The Record that followed the Committee meeting, which reported on the associative costs of the project and demonstrates that costing has been shared with the public. Mayor C. Zehr also expressed disappointment that a cloud is being placed over this project and expressed the view that this project will bring substantial return on investment similar to the investment made in bringing Communitech to the downtown. Councillor Gazzola stated that he would not pursue deferral given the comments made; however, he suggested that he was not casting a bad light by asking for a written report on costing and maintained that the public has a right to have all the facts. The Finance and Corporate Services Committee report was then voted on clause by clause COUNCIL MINUTES APRIL 29, 2013 -95- CITY OF KITCHENER Clause 3 — Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors D. Glenn - Graham, B. loannidis, Z. Janecki, Y. Fernandes, S. Davey, K. Galloway - Sealock, B. Vrbanovic, F. Etherington and P. Singh. Contra: Councillor J. Gazzola. Balance of Report — Carried. Councillor S. Davey left the meeting at this time Council then considered Item 7.a) under Unfinished Business on the agenda this date, dealing with a proposal to install sharrows on King Street, from Francis Street to Madison Avenue, as recommended in the City's Cycling Master Plan under `Bike Friendly Downtown Initiatives'. A motion by Councillor K. Galloway - Sealock, seconded by Councillor Y. Fernandes, was brought forward for consideration, to approve installation in 2013 of the first phase of sharrows on King Street, from Francis Street to Madison Avenue, as part of the City's Cycling Master Plan, BikeKitchener Cycling Engagement Strategy, `Bicycle Friendly Downtown Initiatives'. A motion by Councillor J. Gazzola, seconded by Councillor D. Glenn- Graham, was brought forward for consideration to amend Councillor Galloway- Sealock's motion to provide that installation of sharrows in 2013 on King Street be limited to 4 blocks, said blocks to be determined by staff in consultation with the City's Cycling Advisory Committee. Councillor Gazzola commented that the original proposal represents significant change for motorists who are likely to become frustrated in having to slow for cyclists over an 11 block radius. He suggested that a 3 to 4 block radius on a test basis would produce results needed for analysis going forward and would afford time to work at changing existing mindsets. Councillor Fernandes spoke in support of maintaining the original proposal, stressing the importance of educating motorists in use of sharrows and suggesting that King Street having already been narrowed to slow traffic to invite stopping and exploration of the downtown, could be further assisted by use of sharrows through the downtown core. Councillor D. Glenn- Graham suggested that taking an incremental approach would be wise and agreed that a public education program should be developed around the use of sharrows. Councillors B. loannidis, B. Vrbanovic, Z. Janecki and F. Etherington supported the original proposal, commenting that installation on only a few blocks may cause confusion, as well as concerns as to why they apply to some streets while not others and if implemented, the program needs to be meaningful. Councillor Gazzola's amending motion was then voted on by a recorded vote and Lost, with Councillors J. Gazzola, D. Glenn- Graham and P. Singh voting in favour and Mayor C. Zehr and Councillors B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway - Sealock, B. Vrbanovic and F. Etherington voting in opposition. Councillor S. Davey was not present in Chamber at time of the vote. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor Y. Fernandes "That installation in 2013 of the first phase of sharrows on King Street, from Francis Street to Madison Avenue, be approved as part of the City's Cycling Master Plan, BikeKitchener Cycling Engagement Strategy, `Bicycle Friendly Downtown Initiatives'." A recorded vote was requested In Favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn- Graham, B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway - Sealock, B. Vrbanovic, F. Etherington and P. Singh. Absent: Councillor S. Davey COUNCIL MINUTES APRIL 29, 2013 -96- CITY OF KITCHENER Carried Unanimously, by all members present. Councillor S. Davey re- entered the meeting at this time At the request of Councillor S. Davey, it was agreed that a special Council meeting would be held on May 6, 2013 to allow representatives from Compass Kitchener, Economic Development Advisory Committee and Safe & Healthy Community Advisory Committee to provide comments on whether the City should be a host municipality for an Ontario Lottery & Gaming Corporation (OLG) gaming facility. Mayor C. Zehr advised that the three Advisory Committees would be under the same rules of protocol being used for the two public consultation meetings and reconfirmed for Council that there would be no delegations permitted on May 13, 2013 at which time Council will deliberate and make a decision on the matter of an OLG gaming facility. Councillor S. Davey gave notice that he would introduce a motion this date, as outlined under Item 8.a) New Business on the agenda this date, to provide that for the next term of Council (2014- 2018), each Councillor be allocated $14,500 from the Council Conference Budget; the Mayor be allocated $18,500; the changes proposed shall not impact reimbursement of expenses related to attendance of a Councillor who is a member of a board / committee of the Federation of Canadian Municipalities and /or the Association of Municipalities of Ontario; and reimbursements associated with trade missions undertaken by the Mayor shall not be drawn from the $18,500. allocation. Councillor S. Davey advised that the intent of his motion is not to attack conference attendance, acknowledging they have educational value to Council; nor is it a response to any inappropriate use of conference funds. He stated that the intent is to provide a more equitable approach to division of the budget funds and to prevent any misuse before it can occur. Councillor B. Vrbanovic supported the motion as a measured approach in allocating dollars on an individual basis and will allow members of Council to determine what professional development plan is best for them. Councillor F. Etherington agreed with the intent of the motion, expressing concerns that while the majority of Councillors and the Mayor practice moderation on conference spending, some take unfair advantage by spending dollars that are saved by others. Councillor F. Etherington brought forward a motion to amend Councillor Davey's motion, as seconded by Councillor K. Galloway - Sealock, to reduce the amount of conference spending for each Councillor from $3,700 to $2,500 per year, which in turn reduces the four -year term allotment for each member of Council from $14,500 to $10,000 and the overall Council conference budget from $164,000 to approximately $110,000. Councillor B. loannidis raised a point of order, commenting that the amending motion has been brought before Council on several occasions already and each time was turned down. Following discussion as to the need for a motion to reconsider, Mayor C. Zehr advised Councillor Etherington that an amendment to change the amount of $14,500 to $10,000 in the first "Therefore" paragraph of Councillor Davey's motion would be acceptable without reconsideration. Councillor Etherington agreed with this approach. Councillor Etherington's amending motion, as modified, was then voted on by a recorded vote and Lost, with Councillor Etherington voting in support; and Mayor C. Zehr and Councillors J. Gazzola, D. Glenn- Graham, B. loannidis, Z. Janecki, Y. Fernandes, S. Davey, K. Galloway - Sealock, B. Vrbanovic and P. Singh voting in opposition. Mayor C. Zehr and Councillors P. Singh, F. Etherington, D. Glenn- Graham and K. Galloway - Sealock spoke in support of Councillor Davey's motion, commenting that it is a fair and equitable approach which provides guidelines for the next term of Council and does not decrease the overall conference budget but rather allocates a specific dollar amount to each member of Council. Councillor J. Gazzola expressed the view that the conference budget is not misused and good value is received for the dollars spent. Councillor B. loannidis suggested that the proposal will force Councillors to look only to local conferences, losing out on opportunities to learn and network on a global basis. He expressed the view that the motion was short sited in terms of the value gained COUNCIL MINUTES APRIL 29, 2013 -97- CITY OF KITCHENER through conference attendance and by investing in leadership, Councillors are getting educated on best practices that in turn enables them to make better decisions for the community. Councillor Davey commented that in bringing his motion forward he is asking only that each member undertake to spend a fair share of conference funds and reiterated that the overall funding remains the same, with the only difference being that a specific amount is to be allocated to each member of Council. Moved by Councillor S. Davey Seconded by Councillor F. Etherington "WHEREAS Council is allocated approximately $41,000. annually to attend seminars and conferences, which over the four year term equates to a total of $164,000.; and, WHEREAS all Councillors currently draw from a joint pool of funds in the Council Conference Budget, which has resulted in inconsistencies as to the amount of funding being used by each member of Council; and, WHEREAS if one Councillor decides not to attend any conferences in a given year, that funding can currently be utilized by the other members of Council; and, WHEREAS a more transparent and accountable approach would be to have the funding allocation to the Council Conference Budget divided equally among all members of Council; THEREFORE BE IT RESOLVED that for the 2014 -2018 term of Council, each Councillor shall be allocated $14,500. from the Council Conference Budget for use during that term; BE IT FURTHER RESOLVED that for the 2014 -2018 term of Council, the Mayor shall be allocated $18,500. from the Council Conference Budget for use during that term; BE IT FURTHER RESOLVED that the changes proposed to the Council Conference Budget shall not impact the reimbursement of expenses for meetings, seminars and conferences that members of Council attend in relation to being a member of a board / committee of the Federation of Canadian Municipalities (FCM) and /or the Association of Municipalities of Ontario (AMO); and, BE IT FINALLY RESOLVED that reimbursements associated with trade missions undertaken by the Mayor shall not be drawn from the $18,500. Council Conference Budget allocation." A recorded vote was requested In favour: Mayor C. Zehr and Councillors D. Glenn - Graham, Y. Fernandes, K. Galloway - Sealock, S. Davey, B. Vrbanovic, F. Etherington and P. Singh. Contra: Councillors J. Gazzola, B. loannidis and Z. Janecki. Motion Carried. Moved by Councillor F. Etherington Seconded by Councillor D. Glenn- Graham "That leave be given the Mover and Seconder to introduce the following by -laws, namely: (a) To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. (b) To further amend By -law No. 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (c) To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. COUNCIL MINUTES APRIL 29, 2013 _98- CITY OF KITCHENER (d) To confirm all actions and proceedings of the Council. and that the same be taken as read a first and second time and stand referred for third reading." Carried. Moved by Councillor F. Etherington Seconded by Councillor D. Glenn- Graham "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 -054) (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 -055) (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. 2013 -056) (d) To confirm all actions and proceedings of the Council. (By -law No. 2013 -057) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:30 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 29, 2013 _99- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the existing traffic calming measures (five speed humps, one intersection narrowing, one raised crosswalk and one all -way stop control at the intersection of Dixon Street and Carwood Avenue) on Dixon Street and Carwood Avenue remain in place. 2. That the Uniform Traffic By -law be amended to prohibit parking at any time on the inner curve (east side - odd numbered houses) of Hoffman Street from a point 54 meters north of Meinzinger Avenue to a point 37 meters north thereof, as outlined in Infrastructure Services Department report INS -13 -033. 3. That the Uniform Traffic By -law be amended to prohibit parking from 8:00 a.m. to 5:00 p.m., Monday to Friday on the west side (even number side) of Andrew Street from Shanley Street to Braun Street, as outlined in Infrastructure Services Department report INS -13 -035. 4. That the Uniform Traffic By -law be amended to prohibit parking on both sides of Macville Avenue from Woolwich Street to the east terminus. 5. That the Uniform Traffic By -law be amended to prohibit parking at any time on the east side (odd number side) of Pandora Crescent from Pandora Avenue North to a point 45 meters north thereof, as outlined in Infrastructure Services Department report INS -13 -037. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to SG Cunningham Ltd. for purposes of concrete pouring and curing at 4295 King Street East on 3 nights between April 29, 2013 and May 8, 2013, between the hours of 7:00 p.m. and 12:00 a.m. (As Amended) 7. That Alternative 6 of the Stirling Avenue North Flood Mitigation Schedule B Class Environmental Study Report (ESR), prepared by The WalterFedy Partnership, dated April 16, 2013, be implemented with the understanding that Stage 2, off road storage within the Kitchener Memorial Auditorium Complex (Auditorium) lands, will only be utilized if required and pending consideration during the annual Capital Budget deliberations; and, That staff be directed to report back on the impact the proposed storage for excess flows, as outlined in Stage 2 of Alternative 6 of the ESR, may have on the future development of the Auditorium lands; and further; That the Stirling Avenue North Flood Mitigation Schedule B Class Environmental Study Report (ESR) be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act. 8. That a 40 km /h speed limit be implemented on Huron Road from Homer Watson Boulevard to Mill Park Drive; and, That a "yield to oncoming traffic" sign be implemented on Huron Road at the eastbound approach to the bridge; and further, That the Uniform Traffic By -law be amended accordingly. (Carried on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That the request of Zbigniew Wilk to operate a hot dog cart at 106 Stoke Drive during the annual Community Garage Sale on May 4, 2013, be approved, provided the necessary licence is obtained including Health and Fire approvals. COUNCIL MINUTES APRIL 29, 2013 -100- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) That the request of Les Halt to operate two hot dog carts at 273 Stoke Drive and 112 Wexford Crescent during the annual Community Garage Sale on May 4, 2013, be approved, provided the necessary licence is obtained including Health and Fire approvals. That staff facilitate the community partners to launch the "Kitchener Studio Project" (KSP) at 44 Gaukel Street; and further, That the Mayor and Clerk be authorized to enter into an agreement with Conestoga College Institute of Technology and Advanced Learning, to use a portion of 44 Gaukel Street, Kitchener for the "Kitchener Studio Project" (KSP); said agreement to be to the satisfaction of the City Solicitor. (Carried on a recorded vote) That a Community Assistance Loan be provided to the Kitchener - Waterloo Art Gallery (KWAG) to support the completion of the Community Access Space project, said loan to be in the amount of $15,000 for a three year term, with fixed annual repayments of $5,000 per year commencing in 2014; and further, That the Mayor and Clerk be authorized to execute a loan agreement satisfactory to the City Solicitor. COUNCIL MINUTES APRIL 29, 2013 -101- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND READING — Dealt concurrently with first reading of the by -laws. B. ADMINISTRATIVE REPORTS — Various Tenders Dealt with under Delegations.