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HomeMy WebLinkAboutCouncil - 2013-05-13COUNCIL MINUTES MAY 13, 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 Crystal Dorscht, King School of Vocal. On motion by Councillor B. loannidis, the minutes of the regular meeting held April 29, 2013 and special meetings held April 23, 29 & 30 and May 6, 2013, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE — NIL Mr. Fritz Jean - Louis, Canadian Red Cross, gave a presentation outlining the community support offered by the Red Cross during 2012 and to stress the importance of emergency preparedness. Mayor C. Zehr advised that notice had been given that Council would consider this date the adoption of by -laws to close and convey part of Zeller Drive, listed as Items 10 (d) and 13 (d) on the Council agenda. Mayor Zehr inquired if anyone in attendance wished to speak to this matter and no one came forward. Mr. Steve Krofchick addressed Council in opposition to zone change application and official plan amendment for 689 Doon Village Road, listed as Clause 3 of the Planning and Strategic Initiatives Committee report. He expressed concerns that the building does not appear to have sufficient parking, which has forced some of the existing tenants to continually park on area streets. He commented that some of the tenants have asked neighbouring property owners about the possibility of renting space on their drive -ways. He added that this has negatively impacted traffic along Pioneer Drive and noted concerns with regard to pedestrian safety. He suggested that this issue would only be exacerbated if the current attic space is permitted to be used to increase the size of existing units. In response to questions, Mr. Krofchick advised that if the attic is permitted to be used as additional living space then it is anticipated this would add to the number of vehicles that would need to be accommodated. He commented that there is already a considerable amount of traffic coming in and out of the parking lot at 689 Doon Village Road, citing examples of when he was nearly hit by a car while walking his dog in front of the subject property. Mr. Brom Churchill appeared in opposition to the subject applications, stating that the development is not in keeping with the neighbourhood. He commented that while he appreciated the attempts made by the developer to reach out to the community since the May 6, 2013 Planning and Strategic Initiatives Committee meeting, he suggested this should have taken place prior to the construction of the building. He pointed out that the land originally held a single family dwelling and is now a development of 17 units. He noted that it was his understanding that the original application was for only 12 units. Mr. Churchill expressed concern with the approval process stating that, in his opinion, the original intent of the developer was to have the attic space inhabited and this is why the building was constructed with a large mansard style roof to allow the fourth floor to be used as living space. He urged Council to refuse the subject applications. In response to questions, Mr. Churchill confirmed that he was in attendance at the second Committee of Adjustment meeting in opposition to the requested variances to permit an increase in floor space ratio, and to convert the attic into habitable living space. He added that the Committee determined that the requested variance was not the appropriate process to deal with an official plan amendment; and, recommended that the application be refused. He stated that, in his opinion, the building does not fit in with the surrounding area, adding that its height and closeness to the street gives it the impression of dominating the neighbouring houses. Ms. Debbie Belrose addressed Council in opposition to the subject zone change application and official plan amendment, expressing concerns related to density, landscaping, traffic volume and pedestrian safety. She stated that the existing building at 689 Doon Village Road does not have sufficient visitor parking, which has resulted in an increase in on- street parking in the area. She added that she has filed complaints with the City's By -law Enforcement staff three times over the past month for parking infractions related to the subject property. She commented that the existing 17 -unit building has increased the amount of traffic in the area, which subsequently increased the amount of noise in the neighbourhood. She suggested this development probably would have had less of an impact if only 12 units were constructed as outlined in the original plans for the building. COUNCIL MINUTES MAY 13, 2013 -109- CITY OF KITCHENER In response to questions, Ms. Belrose confirmed that she has resided in the subject area for approximately 18 years. She believes it was always the developer's intention to use the attic as additional living space, suggesting that windows and skylights are not typically installed in an attic unless it is going to be inhabited. She indicated that she has been approached by other developers who have pressured her to sell her home to allow for further intensification in this neighbourhood. Mr. Chris Pidgeon, GSP Group, circulated an aerial photograph of 689 Doon Village Road advising that the subject applications were reviewed by both City and Regional staff and neither had concerns with parking or vehicular safety. He estimated that only 70% of the existing parking spaces were currently being utilized, adding that there is more than adequate parking for the building residents. Mr. Pidgeon stated that the building was constructed based on an approved site plan. He acknowledged that while the building is large, in his opinion, architectural features, such as the mansard style roof, allow it to fit into the community. He commented that there would be no exterior modifications to the building; the massing will remain the same, with the only change being to the floor space ratio. He noted that following last week's Committee meeting, an offer was extended to area residents to visit the site; however, no one pursued this opportunity. He suggested that from a planning perspective, there is no reason why the subject zone change application and official plan amendment should not be approved. In response to questions, Mr. Pidgeon indicated that the number of existing units complies with the regulations set out in the City's Zoning By -law. He stated that he was not aware of any plans submitted by the developer that may have proposed building only 12 units. He reiterated that, in his opinion, the building at 689 Doon Village Road has not led to parking congestion in this area. Mr. Steven Litt, the Madison Group, advised that his company has learned a great deal through this process and committed to being more personally involved with the planning process in the future to mitigate the likelihood of ever being in this kind of situation. He stated that it was their intent to finish the attic area and if the market demand warranted, to use it as living space. He commented that the attic contains no electrical or plumbing rough -ins, stressing that no work has been undertaken to convert the area into habitable living space. He noted that the building was always proposed as having 17 units, adding that the requested zone change and official plan amendment would only increase the floor space ratio and not the number of units. Councillor Z. Janecki referred to a plan submitted for the subject property, indicating that it proposed the construction of only 12 units. Mr. Litt advised that was a pre -site plan development concept. He noted that his formal site plan application was for 17 units. In response to further questions, Mr. Litt confirmed that he appeared before the City's Committee of Adjustment on two occasions regarding the subject property. He acknowledged that the Committee decided that seeking a variance was not an appropriate means of changing the building's floor space ratio. He stated that no tenants would be displaced as a result of the work proposed to be undertaken to the attic. He advised that the Madison Group recently hired additional senior staff, which should allow him to spend more time during the planning phase to ensure that this process does not need to be repeated in the future. He confirmed that his company has a number of projects currently in development, adding that some would require this kind of zoning relief. He reiterated that he is committed to following the proper approvals process in the future. Mayor C. Zehr noted that correspondence was received this date from Mona and Garrett LaFosse, in which they outline their objections to the zone change application and official plan amendment for 689 Doon Village Road. In response to questions, Mr. J. Willmer, Chief Administrative Officer, indicated that when an owner of a property submits a site plan and building permit application that complies with the City's Zoning By -law and the Building Code then the City is obligated to issue the permits. He stated that as long as the attic is not being used as living space, it is not factored into the maximum building height in storeys. On motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, Clause 3 of the Planning & Strategic Initiatives Committee report was brought forward for consideration. Mayor Zehr indicated that at the Planning & Strategic Initiatives Committee meeting he requested that an additional paragraph be added to the staff recommendation to limit the maximum number of units COUNCIL MINUTES MAY 13, 2013 -110- CITY OF KITCHENER within the building located at 689 Doon Village Road to 17; and, it was agreed that Clause 3 of the Committee report would be amended accordingly. A further amendment was brought forward by Councillor B. loannidis, which was accepted as friendly, to direct staff to review the on- street parking regulations in the area of 689 Doon Village Road and report back as to potential improvements that could be made to those regulations. Clause 3 of the Planning & Strategic Initiatives Committee report, as amended, was then voted on and was Carried on a recorded vote, with Mayor C. Zehr and Councillors P. Singh, K. Galloway - Sealock, B. Vrbanovic, B. loannidis, D. Glenn- Graham and S. Davey voting in favour; and, Councillors J. Gazzola, Y. Fernandes, F. Etherington and Z. Janecki voting in opposition. Council then considered Chief Administrator's Office report CAO -13 -016 (J. Willmer), regarding the results of the public engagement process that was undertaken into whether the City of Kitchener should be a host municipality for an Ontario Lottery and Gaming Corporate (OLG) facility; listed as Item 7 a) under Unfinished Business. Council was in receipt this date of correspondence from Mr. Ian McLean, Greater Kitchener Waterloo Chamber of Commerce, which encouraged Council to continue to gather more information on this matter before making a final decision. Members outlined their concerns with a casino being located in the City of Kitchener, which aligned with the vast majority of comments received as part of the public consultation process. Additional concerns were expressed regarding the possibility of a casino being built in the Township of Woolwich. A number of Councillors encouraged residents to contact their Members of Provincial Parliament (MPP) as well as the members of Council for the Township of Woolwich regarding their concerns. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh "WHEREAS the results of the community engagement showed strong opposition to an Ontario Lottery & Gaming Corporation facility (casino) being located within the City of Kitchener; WHEREAS a casino in the Township of Woolwich is expected to have a significant negative social and economic impact on the Kitchener community as well as the overall regional community; WHEREAS the social and economic effects of the OLG's modernization strategy to increase ease of access to urban casinos affects communities on a regional scale; and, WHEREAS the consultation process prescribed in provincial legislation requires the agreement of only a lower tier municipality in a two tier municipal government; THEREFORE BE IT RESOLVED that the OLG be advised that the City of Kitchener has completed its community engagement process and is not willing to host a casino; BE IT FURTHER RESOLVED that the Township of Woolwich be requested to reconsider its willingness to host an OLG gaming facility; BE IT FURTHER RESOLVED that the Province of Ontario and the OLG be requested to cease the current RFPQ and operator selection process in Gaming Zone SW1 to allow it to be amended to require the agreement of the upper tier municipality as well as a lower tier municipality; BE IT FURTHER RESOLVED that a copy of the resolutions resulting from Chief Administrator's Office report CAO -13 -016, be circulated to the Premier of Ontario, the Provincial Minister of Finance, the Members of Provincial Parliament as well as the heads of all local and regional municipal councils in Gaming Zone SW1 and the Chair of the OLG; and, BE IT FINALLY RESOLVED that the Mayor be directed to request a meeting on this matter with the Premier and the Minister of Finance." COUNCIL MINUTES MAY 13, 2013 -111 - CITY OF KITCHENER Carried Unanimously, on a recorded vote. Mr. Frank Monteith addressed Council in objection to the traffic calming measures on Williamsburg Road that were approved at the April 15, 2013 Council meeting. He questioned the statistics that were used to justify the need for the measures and expressed concern with the additional time it may take for emergency services vehicles to travel down the subject roadway. He agreed to provide Mayor C. Zehr and / or Councillor P. Singh with copies of the traffic study of Williamsburg Road that he conducted. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor B. loannidis Seconded by Councillor S. Davey "That Tender T13 -036 - One (1) 32,658 kg (72,000 lb.) G.V.W. Tridem Rear Wheel Conventional Cab and Chassis with a Combination Catch Basin Cleaner, Sewer Cleaner, Hydro Excavating Unit and Jet Rodder, be awarded to Joe Johnson Equipment Inc., Innisfil, Ontario, at their tendered price of $381,630. plus optional remote control belly pack $2,715.and optional tool locker at $5,988., for a total of $390,333., plus H.S.T. of $50,743.29 for a total of $441,076.29." -and - "That Tender T13 -032 Trail Construction — Doon South Multi -use Pathways, be awarded to Speedside Construction Ltd., Rockwood, Ontario at their tendered price of $285,247., including provisional items and contingencies of $30,000.00, plus H.S.T. of $37,082.11, for a total of $322,329.11." -and - "That Expression of Interest E13 -028 — Consultant Services — Queens Boulevard (Rex Street to Belmont Avenue) Reconstruction, be awarded to IBI Group, Waterloo, Ontario at their estimated fee of $265,405.80, including contingencies of $24,127.80 plus H.S.T. of $34,502.75, for a total of $299,908.55, based on a satisfactory contract being negotiated and an upset fee being established." 951ii eE "That Expression of Interest E13 -029 — Consultant Services — David Street (Joseph Street to Courtland Avenue West/Jubilee Drive) and Ontario Street South (Charles Street West to Joseph Street) Reconstruction, be awarded to MTE Consultants Inc., Kitchener, Ontario at their estimated fee of $181,194.70, including contingencies of $16,472.24 plus H.S.T. of $23,555.31, for a total of $204,750.01, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Council approves the request from Facilities Management to proceed with a prequalification process to select a minimum of five (5) roofing contractors to be used on City projects for a period of three years, with an option to renew for an additional two (2) one -year periods." Carried. Moved by Councillor K. Galloway- Sealock Seconded by Councillor S. Davey "That the report of the Community & Infrastructure Services Committee be adopted." Councillor J. Gazzola expressed concerns with respect to the proposed changes to the ice facility rental rates for affiliated ice groups, as outlined in Clause 6 of the Committee report. He spoke in COUNCIL MINUTES MAY 13, 2013 -112- CITY OF KITCHENER opposition to the proposed elimination of the minor sports grant to accommodate the decrease in ice rental rates. He indicated that the reasoning behind the existing process of providing a Tier 1 minor sports grant was to fund each groups' ice time. He stated that this was intended to make these groups more accountable for the ice time that they actually used. Mr. M. May, Deputy CAO - Community Services Department, advised that under the proposal the grant would effectively be reallocated and the facility rental would be reduced by the same amount. He added that in terms of accountability, the discounted rate is only provided for the amount of ice time that is used by an affiliated group. He noted that this proposal is essentially cost neutral, save and except the one -time negative variance of $16,548. related to Kitchener Ringette's budgeting process. The Community and Infrastructure Services Committee report was then voted on clause by clause Clause 6 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors P. Singh, K. Galloway - Sealock, F. Etherington, B. Vrbanovic, B. loannidis, D. Glenn- Graham and S. Davey. Contra: Councillors J. Gazzola, Y. Fernandes and Z. Janecki. Balance of report - Carried. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Finance and Corporate Services Committee be adopted." Councillor P. Singh declared a pecuniary interest with respect to Clause 3 of the Committee report as his family own property within the geographic area proposed to be added to the boundaries of the Downtown Kitchener Business Improvement Area (BIA). Accordingly, he did not take part in any discussion or voting regarding this matter. In reference to Clause 5 of the Committee report, Councillor Singh requested that future reports regarding the conversion of staff from temporary status to permanent full -time status should include information detailing the compensation packages that will be provided to each of the subject employees. Councillors J. Gazzola and Y. Fernandes expressed concerns with the optics of approving the proposed conversion of four temporary positions to permanent full -time status. It was requested that each paragraph of Clause 5 be voted on separately. Councillor Z. Janecki spoke in opposition to the proposed encroachment agreement outlined in Clause 6 of the Committee report and requested that it be voted on separately. The Finance and Corporate Services Committee report was then voted on clause by clause Clause 3 — Carried. Recorded Pecuniary Interest & Abstention Councillor P. Singh as his family owns property within the geographic area proposed to be added to the boundaries of the Downtown Kitchener Business Improvement Area (BIA). Clause 5, Paragraph 1 — Carried, on a recorded vote. COUNCIL MINUTES MAY 13, 2013 -113- CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors P. Singh, S. Davey, B. loannidis, K. Galloway - Sealock, B. Vrbanovic, D. Glenn- Graham and F. Etherington. Contra: Councillors J. Gazzola, Y. Fernandes and Z. Janecki. Clause 5, Paragraph 2 — Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors P. Singh, S. Davey, B. loannidis, K. Galloway - Sealock, B. Vrbanovic, D. Glenn- Graham, Y. Fernandes and F. Etherington. Contra: Councillors J. Gazzola and Z. Janecki. Clause 5, Paragraph 3 — Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors P. Singh, S. Davey, B. loannidis, K. Galloway - Sealock, B. Vrbanovic, D. Glenn- Graham and F. Etherington. Contra: Councillors J. Gazzola, Y. Fernandes and Z. Janecki. Clause 6 - Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors P. Singh, S. Davey, B. loannidis, K. Galloway - Sealock, B. Vrbanovic, J. Gazzola, Y. Fernandes, D. Glenn- Graham and F. Etherington. Contra: Councillor Z. Janecki. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." Clause 3 - Dealt with under Delegations and Carried, as amended, on a recorded vote. Balance of report - Carried. Moved by Councillor F. Etherington Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Mayor C. Zehr expressed concerns regarding Clause 1 of the Heritage Kitchener report, advising that Council did not receive a copy of Community Services Department report CSD -13 -042 recommending the listing of 79 Moore Avenue / 54 -68 Shanley Street and 241 -247 Duke Street West / 55 Victoria Street North as non - designated properties of cultural heritage value or interest on the Municipal Heritage Registrar. He noted that Report CSD -13 -042 was not circulated with the May 7, 2013 Heritage Kitchener agenda, and the minutes from that meeting have yet to be completed. He suggested that Council does not have the necessary information to make a decision on this matter. COUNCIL MINUTES MAY 13, 2013 -114- CITY OF KITCHENER A motion was brought forward by Councillor B. loannidis, seconded by Councillor D. Glenn- Graham, to defer consideration of Clause 1 of the Heritage Kitchener report to the June 10, 2013 Council meeting, which was voted on and was Carried. Councillor Y. Fernandes advised that a member of the Cycling Advisory Committee had compiled information outlining concerns with regards to the gates along the Iron Horse Trail. It was agreed that this information would be forwarded to staff as well as the Cycling Advisory Committee, with a request that a report be provided on this matter at a future Community & Infrastructure Services Committee meeting. Councillor B. Vrbanovic advised that the traffic concerns he previously raised regarding the intersection of Pebblecreek Drive and Fairway Road have worsened. He requested that staff approach the Region of Waterloo to ask that they advance their timeframe for addressing this issue. Mayor C. Zehr agreed to also raise the issue of the Pebblecreek Drive and Fairway Road intersection at the May 28, 2013 Regional Planning and Public Works Committee meeting. Council agreed to the request of Ms. J. Billett, Deputy City Clerk, to add four additional by -laws for three readings this date related to a part lot control application for Joseph Schoerg Crescent, levy of taxes and an Official Plan amendment and zone change application listed under Clause 3 of the Planning and Strategic initiatives Committee report. Moved by Councillor J. Gazzola Seconded by Councillor Z. Janecki "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 close and convey part of the public highway known as Zeller Drive in the City of Kitchener. (e) To confirm all actions and proceedings of the Council. (f) Being a by -law to exempt certain lots from Part Lot Control — Lot 14, Registered Plan 58M- 464 and Lot 1, Registered Plan 58M -553 — Joseph Schoerg Crescent. (g) Being a by -law to set and levy the rates of taxation for City purposes for the year 2013 and to provide for the payment of taxes after interim taxes. (h) Being a by -law to adopt Amendment No. 96 to the Official Plan. (i) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 2276451 Ontario Inc. — 689 Doon Village Road. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Voted on clause by clause. Clauses (h) and (i) — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors P. Singh, S. Davey, B. loannidis, K. Galloway- COUNCIL MINUTES MAY 13, 2013 -115- CITY OF KITCHENER Sealock, B. Vrbanovic, D. Glenn- Graham and F. Etherington. Contra: Councillors J. Gazzola, Y. Fernandes and Z. Janecki. Balance of 1st Reading of By -laws — Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. loannidis as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. loannidis Seconded by Councillor B. Vrbanovic "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 J. Gazzola Seconded by Councillor Z. Janecki "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 -060) (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 -061) (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 -062) (d) Being a by -law to close and convey part of the public highway known as Zeller Drive in the City of Kitchener. (By -law No. 2013 -063) (e) To confirm all actions and proceedings of the Council. (By -law No. 2013 -064) (f) Being a by -law to exempt certain lots from Part Lot Control — Lot 14, Registered Plan 58M- 464 and Lot 1, Registered Plan 58M -553 — Joseph Schoerg Crescent. (By -law No. 2013 -065) (g) Being a by -law to set and levy the rates of taxation for City purposes for the year 2013 and to provide for the payment of taxes after interim taxes. (By -law No. 2013 -066) COUNCIL MINUTES MAY 13, 2013 -116- CITY OF KITCHENER (h) Being a by -law to adopt Amendment No. 96 to the Official Plan. (By -law No. 2013 -067) (i) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 2276451 Ontario Inc. — 689 Doon Village Road. (By -law No. 2013 -068) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:49 p.m. MAYOR CLERK COUNCIL MINUTES MAY 13, 2013 -117- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That Demolition Control Application DC13 /01 /F /JM requesting permission to demolish one (1) single detached dwelling located at 86 Fourth Avenue, owned by Dalip Dhillon & Mandeep Dhillon, 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: In the event that construction of the new semi - detached dwelling 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. That the Uniform Traffic By -law be amended to prohibit parking at any time from January 1 to March 31 on the east side (odd number side) of Glendale Road from Melrose Avenue to East Avenue. That the Uniform Traffic By -law be amended to prohibit parking at any time from January 1 to March 31 on the east side (odd number side) of Madison Avenue North from King Street East to a point 26 metres south of Duke Street East. That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of Kitchener Municipal Code Article 6 Construction Work during the bridge construction on Block Line Road between Lennox Lewis Way and Courtland Avenue, in the City of Kitchener; and further, That the requested noise by -law exemption shall apply only between the hours of 7:00 p.m. to 7:00 a.m. for the period from May 22, 2013 to May 31, 2013. That the Uniform Traffic By -law be amended to prohibit parking at any time from January 1 to March 31 on the east side (odd number side) of Randerson Avenue from McKenzie Avenue to the north terminus. That the Tier 1 Minor Sports Grants for affiliated ice groups be allocated to decrease the approved 2013 prime time affiliated ice rates from $217.94 to $157.14 for multi -pad ice rentals and from $193.15 to $138.15 for single pad ice rentals effective September 1, 2013; and further, That a sum of $349,510, which represents the 2013 Tier 1 minor sports grants approved for the affiliated ice groups, be transferred to the Aud /Arena ice budgets to offset the September 2013 change in ice rates. (Carried, on a recorded vote) That the Community Gardens Rules & Assumption of Risk template be approved as outlined in Infrastructure Services Department report INS -13 -044 and any amendment to the template be subject to the satisfaction of the City Solicitor; and further, That the Community Gardens Rules & Assumption of Risk template shall replace the previously approved Community Gardens Licence Agreement template outlined in Community Services Department report CSD -09 -045, adopted by Council on August 24, 2009. That the request of Canoeing on the Grand to operate a temporary canoe rental business in Victoria Park for a trial period prior to September 3, 2013, be approved provided the required licence is obtained; and further, COUNCIL MINUTES MAY 13, 2013 -118- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 8. (Cont'd) That a licence fee of $105. be charged for the initial 45 days of the trial period, with the fee to be prorated based on the actual length that Canoeing on the Grand is operating in Victoria Park. 9. That Waterloo Regional Council be requested to reconsider its January 16, 2013 decision to change the maintenance service level related to turf cutting for the 2013 season; and further, That subject to receiving advice from the City Solicitor prior to the May 13, 2013 Council meeting, Regional Council be further requested to abide by the specifications in the Region of Waterloo Transportation Division Maintenance Agreement with respect to turf maintenance. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That 8440590 Canada Inc. operating as The Paintball Arena, 69 Agnes Street be granted an exemption from Chapter 745 (Guns) to permit paint ball guns and air soft guns to be discharged. 2. That the Downtown Annual Report, entitled "Awesome Happens Here ... and here's a look back thru 2012" be received for information, as attached to Chief Administrator's Office report CAO- 13 -009. 3. That pursuant to Section 209 of the Municipal Act, 2001, notice of the proposed by -law to alter the boundaries of Downtown Kitchener Business Improvement Area (BIA) be sent to every person who is assessed for rateable property that is in a prescribed business property class which is located within the existing and newly proposed boundaries, as outlined in Appendix `A' of Finance & Corporate Services Department report FCS -13 -069. 4. That Chapter 523 (Buskers), Chapter 542 (Exhibition, Circus, Midway or Carnival) and Chapter 501 (Business Licence Fees) of the Municipal Code be amended as outlined in Finance and Corporate Services Department report FCS -13 -075. 5. That the two (2) Security and Custodial positions necessitated by the construction of the Charles and Benton and Civic District Parking Garages be converted from temporary status to permanent full -time status; and, That one permanent full -time Stormwater Engineering Project Manager position be approved to reduce reliance on external consultants; and further, That the two temporary Office /Network System Specialist positions within Information Technology be converted from temporary to permanent full -time status as recommended in the 2010 Corporate Technology Strategic Plan. (Carried, on a recorded vote) That 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 201 Doon South Dr. (PIN 22734 -0496) to legalize an existing fence for a maximum period of 12 years, which encroaches approximately 2.06m at the rear of the property for a length of approximately 18.84m and approximately 1.15m at the side of the property for a length of approximately 22.8m, more or less, on City parkland. (Carried, on a recorded vote) COUNCIL MINUTES MAY 13, 2013 -119- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That the five 2013 Best Bets for Air Quality in Kitchener and corresponding recommended action(s), as outlined in Table 1 of the Finance and Corporate Services Department report FCS -13 -073, be approved. 2. That the Fairway Road entrance to Kitchener be considered an approved banner program location under Council Policy 1 -1185 "Banner Policy — Municipal" Clause 1a), as outlined in Community Services Department report CSD -13 -041, New City Entrance — Update on Fairway Road Streetscape; and, That City of Kitchener Special Events staff coordinate the installation and removal of any banners from the Fairway Road entrance under Council Policy 1 -1185 "Banner Policy — Municipal" Clause 4c) ; and further, That City of Kitchener Planning and Arts and Culture staff seek collaboration with the Region of Waterloo for financial contribution to the Public Art projects for the Fairway Road entrance under the Regional Public Art Policy. 3. That Official Plan Amendment Application OP13 /01 /D /MD for 689 Doon Village Road requesting a change in designation from Low Rise Residential to Low Rise Residential with Special Policy 50 to permit a maximum floor space ratio of 0.9 and a maximum height of 4 storeys at street elevation for the existing 17 -unit multiple dwelling on the parcel of land illustrated as the `Subject Area' on Schedule A be adopted, in the form shown in the Official Plan Amendment attached to Report CSD -13 -032 as Appendix A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC13 /01 /D /MD for 689 Doon Village Road requesting a change from Residential Six Zone (R -6) to Residential Six Zone (R -6) with Special Regulation Provision 641 R to permit a maximum floor space ratio of 0.9 on the parcel of land illustrated as the `Subject Area' on Map No. 1 be approved in the form shown in the `Alternative By -law' dated May 8, 2013 attached to Report CSD -13 -032 as Appendix `B'; and, That the maximum number of units within the building located at 689 Doon Village Road be limited to 17; and further, That staff be directed to review the on- street parking regulations in the area of 689 Doon Village Road and report back as to the potential improvements that could be made to those regulations." (Dealt with under Delegations, and Carried, as amended, on a recorded vote) 1. That consideration of the following recommendation be deferred to the June 10, 2013 Council meeting, to allow time for additional information to be provided with respect to the subject properties: `That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register as non - designated properties of cultural heritage value or interest, in accordance with the Statements of Significance attached as Appendix 'A' to Community Services Department report CSD -13 -042: 79 Moore Avenue / 54 -68 Shanley Street; and, 241 -247 Duke Street West / 55 Victoria Street North.' (Carried, as amended) COUNCIL MINUTES MAY 13, 2013 -120- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND 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 — Various Tenders Dealt with under Delegations. 2. FCS -13 -064 — Dog Designation Appeal Committee - Mylonas Council considered Finance and Corporate Services Department report FCS -13 -064 (D. Livingstone) dated April 15, 2013. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Paul Mylonas, wherein the Committee modifies the Dangerous Dog Designation applied to his dog `Tessa' by the Kitchener - Waterloo and North Waterloo Humane Society and assigns conditions for the keeping of said dog, be ratified and confirmed." 3. FCS -13 -082 -Applications for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS -13 -082 (J. Evans), dated May 7, 2013. It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totaling $286,650.10 as attached to Finance and Corporate Services Department report FCS - 13 -082, be approved, pursuant to Section 357 of the Municipal Act." 4. FCS -13 -085 — Request re Quit Claim Transfers — Parts 1 and 2, Plan 58R -3553 — 6- 8 Charles Street West Council was circulated this date with Finance and Corporate Services Department report FCS -13 -085 (L. MacDonald), dated May 10, 2013, concerning a request to execute a Quit Claim relative to 6 -8 Charles Street West. It was resolved: "That the Mayor and Deputy Clerk be authorized to execute the Quit Claim of Part 1 on Reference Plan 58R -3553 to Judy Ann Marie Majury; said document to be to the satisfaction of the City Solicitor; and further, That Legal Services be directed to complete the exchange of Quit Claim Deeds between Judy Ann Marie Majury and The Corporation of the City of Kitchener regarding Parts 1 and 2 on Reference Plan 58R -3553 to correct a discrepancy in the current legal descriptions, on terms and conditions satisfactory to the City Solicitor."