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HomeMy WebLinkAboutCouncil - 2013-06-10 COUNCIL MINUTES JUNE 10, 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 Wolfe, associated with King School of Vocal. On motion by Councillor Z. Janecki, the minutes of the regular meeting held May 13, 2013 and special meetings held May 13 & 27, 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, a pecuniary interest was disclosed at the in-camera meeting of City Council held June 10, 2013 by Councillor B. Ioannidis in respect to a land acquisition / disposition matter as he owns property within the subject area. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL On behalf of Council, Mayor C. Zehr acknowledged a milestone birthday being celebrated by Ms. Sue King, King School of Vocal, who was in attendance and was presented with a certificate. Councillor K. Galloway-Sealock introduced Mayor Amiri Nondo and Mr. Habraham Shamumoyo, Policy Advisor, who are participating in the five-year Kitchener Economic Development Partnership with Morogoro, Tanzania. On behalf of Council, Mayor Zehr congratulated Mr. J. Willmer on his one-year anniversary as Chief Administrative Officer for the Corporation of the City of Kitchener. Ms. J. Ouellette, Facilitator, Volunteer Resources, introduced long service awards to be presented to minor sports groups, neighbourhood associations, and individuals who have made significant volunteer contributions to the City’s recreation and leisure services. Mayor C. Zehr and respective Ward Councillors presented awards to the following:  Kitchener - Waterloo Diving Club 25 years  Settler’s Grove Community Association 5 years  Williamsburg Community Association 5 years  Chandler Mowat Neighbourhood Association 20 years  Country Hills Recreation Association 30 years  Mount Hope Breithaupt Park Neighbourhood Association 30 years  Greenbelt Neighbourhood Association 35 years  Victoria Hills Neighbourhood Association 40 years  Arts Awards Waterloo Region 25 years The following individuals were presented awards for long service recognition:  Connie Voll, Doon Pioneer Park CA volunteer 15 years  Evelyn Martin, Cruising on King Street volunteer 20+ years  Butch Martin, Cruising on King Street volunteer 20+ years The following organizations and individuals were unable to attend to receive their award:  Betty Deckert, Doon Pioneer Park CA volunteer 20 years  Al Meadows, Rockway Centre volunteer 20 years  Grand Hill Village Neighbourhood Association 60 years  Lower Doon Neighbourhood Association 10 Years  Sertoma Speed Skating Club 50 years  Kitchener – Waterloo Olympic Field Hockey Club 20 years  Kitchener – Waterloo Youth Basketball Association 30 years  Kitchener – Waterloo Skating Club 75 years  Region on Waterloo Track 3 Ski School 20 years Ms. C. Cormier, Adults 55+ Service Coordinator, announced the annual Ontario Senior of the Year Award, which is given to one outstanding community member over 65 years of age who has enriched COUNCIL MINUTES JUNE 10, 2013 131CITY OF KITCHENER - - the social, cultural or civic life of the community without thought of personal or financial gain. Mayor Zehr presented this year’s award to Mr. Lew Ford for his outstanding volunteer contributions at the Rockway Centre and active participation in various other volunteer programming. Mr. S. Turner and Ms. Christiane Sadeler, Waterloo Region Crime Prevention Council (CPC), presented an update on the work of the CPC, which acts as an advisory committee to Waterloo Regional Council. Mr. Turner advised that their objective is to provide a link between municipalities and the community to prevent crime. He referred to the ‘Smart on Crime’ website (www.smartoncrime.ca) which contains information on their four-year strategic plan as well as the various programs and efforts underway to prevent crime within the Region of Waterloo. Councillor B. Vrbanovic questioned the status of the inReach program, a street gang prevention project, which had been receiving funding from the Federal Government. Ms. Sadeler responded that funding is in place to support this program until December 2013; however, there is currently no capacity to continue the program in 2014. Councillor Vrbanovic indicated that he would continue to dialogue with the Waterloo Region Crime Prevention Council regarding advocacy efforts to entreat funding from the Federal Government; and, may bring forward a motion on this matter to a future Council meeting. Councillor F. Etherington inquired as to the annual funding required to operate the inReach program. Ms. Sadeler stated that it costs approximately $300,000. to $400,000. annually to operate the inReach program and compared this to the annual cost of $120,000 to keep one youth in jail. Councillor Etherington requested that an update be provided at a future Council meeting on the status of the programs provided by Waterloo Region Crime Prevention Council; such as, inReach. Mr. Paul Britton, MHBC Planning, appeared in support of Clause 1 of the May 22, 2013 Planning and Strategic Initiatives Committee report. He addressed Council on behalf of landowners who support an integrated planning approach, through the Official Plan Amendment and Plan of Subdivision process, for the Blair Creek Drive Extension from Reidel Drive westerly to the point of intersection with Strasburg Road. In response to questions, Mr. Britton expressed support for undertaking an integrated planning approach for the new alignment of Robert Ferrie Drive, as outlined in Clause 2 of the May 22, 2013 Planning and Strategic Initiatives Committee report. He commented that, in his opinion, an integrated planning approach is a more comprehensive process compared to the development of a Class Environmental Assessment. On motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, the May 22, 2013 Planning and Strategic Initiatives Committee report was brought forward for consideration. Councillor Y. Fernandes requested that each clause be dealt with separately. Mr. J. Willmer, Chief Administrative Officer, requested clarification with respect to Paragraph 3 of Clause 1 of the Committee report, regarding the provision of vehicular access to 500 Stauffer Drive throughout the development process for the Strasburg Road extension. He advised that if the intent was to ensure access to 500 Stauffer Drive via Reidel Drive, staff would need to investigate the potential impact to the approved scenic road community trail network. Councillor K. Galloway-Sealock confirmed that it was not her intent to prescribe that access from 500 Stauffer Drive to New Dundee Road should be maintained via Reidel Drive; rather, it was only to ensure that some sort of access to the property continues to be provided throughout the development of the south section of the Strasburg Road extension. Councillor Y. Fernandes expressed concern that the Official Plan Amendment and Plan of Subdivision process does not require the level of in-depth environmental studies as required under the Municipal Engineers Association (MEA) Class Environmental Assessment (EA) process. Mr. Willmer responded that the process under the Planning Act and the process under the MEA Class EA are of equal weight and bear equal consideration under Provincial legislation. Councillor Fernandes referred to the Protocol for Involving City of Kitchener Council in Class Environmental Assessments (EAs), and inquired what the level of Council involvement would be for the Robert Ferrie Drive and Blair Creek extensions. Ms. B. Robinson, Director of Engineering COUNCIL MINUTES JUNE 10, 2013 132CITY OF KITCHENER - - Services, stated that in consultation with staff the extensions would likely be classified as Very Complex, resulting in the highest level of Council involvement under the Protocol. Councillor Fernandes expressed further concern that there are different weighting criteria in the integrated planning approach, than within the EA, which would lead to a different outcome. She requested assurance that the depths of the environmental studies through the integrated planning process are equal to those set out for the Class EA process. At the suggestion of Mayor C. Zehr it was agreed to amend the wording of Clause 2 of the May 22, 2013 Planning and Strategic Initiatives Committee report to replace the words ‘similar to’ with ‘rigor that’ and including ‘requires' after ‘environmental study report’. Each Paragraph and Clause of the May 22, 2013 Planning and Strategic Initiatives Committee report, was then voted on separately on recorded votes. Carried on a recorded Paragraph 1 & 2 (Clause 1)– vote. In Favour: Mayor C. Zehr and Councillors P. Singh, K. Galloway-Sealock, F. Etherington, S. Davey, B. Vrbanovic, B. Ioannidis, Z. Janecki and D. Glenn-Graham Contra : Councillor Y. Fernandes Absent: Councillor J. Gazzola Carried Unanimously on a Paragraph 3(Clause 1)– recorded vote. Carried Unanimously, as amended, on Clause 2– a recorded vote. Council then considered Infrastructure Services Department report INS-13-056 (H. Gross) dated June 3, 2013, regarding the Blair Creek Drive Extension - Reidel Drive to the West, Class Environmental Assessment Requirements. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “That the alignment for Blair Creek Drive Extension from Reidel Drive westerly to the point of intersection with Strasburg Road Extension - South Section Alignment W1 (Blair Creek Drive Extension) be determined through the Municipal Engineers Association Municipal Class Environmental Assessment for Municipal Road Projects (Class EA process).” Carried Unanimously, on a recorded vote. Mr. Rino Dal Bello, IBI Group, appeared in support of the Plan of Subdivision and Condominium application for 701 Homer Watson Boulevard, as outlined in Clause 4 of the May 27, 2013 Planning and Strategic Initiatives Committee report. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “That Clause 4 of the May 27, 2013 Planning and Strategic Initiatives Committee report, be adopted.” Carried Unanimously. Council then considered Community Services Department report CSD-13-066 (M. Drake), dated May 31, 2013 recommending amendments to Paragraphs 2 and 3 of Clause 5 of the May 27, 2013 Planning and Strategic Initiatives Committee report. COUNCIL MINUTES JUNE 10, 2013 133CITY OF KITCHENER - - Mr. Paul Britton, MHBC, addressed Council in support of the Addendum Report prepared by Ms. M. Drake, stating that it was requested by the Committee to ensure that single detached dwellings were constructed on the corner lots of Eden Oak Trail and Eden Oak Court. On motion by Councillor B. Vrbanovic, seconded by Z. Janecki, Clause 5 of the May 27, 2013 Planning and Strategic Initiatives Committee report was brought forward for consideration with the revisions to the Draft Plan of Subdivision and amending Zoning By-law as outlined in Report CSD-13- 066. Mr. M. May, Deputy CAO, Community Services, responded to questions related to permitting residential uses on Community Institutional (I-2) lands, confirming that Planning staff was dialoguing with developers regarding potential religious uses on the subject land. He advised that developers had indicated that the site was too small and would not suit a religious institutional use. He further indicated that Community Institutional land use designations would be addressed as part of the discussions on the new Official Plan scheduled for August 2013. Clause 5 of the May 27, 2013 Planning and Strategic Initiatives Committee report, as amended, was Carried Unanimously then voted on and was . Mr. Harald Drewitz addressed Council regarding the proposed natural gas rates effective July 1, 2013 as outlined in Clause 5 of the Finance and Corporate Services Committee report. He expressed concern that Kitchener Utilities’ customers were paying a higher rate compared to the private sector. He presented an illustration of price comparisons using the natural gas rates, Kitchener Utilities gas rate and Union Gas rates to show a higher percentage of costs for Kitchener Utilities customers. He suggested that information received through a survey conducted by Kitchener Utilities which suggested gas rate stability is desired by customers is obsolete and requested new data be compiled. He questioned that when gas prices have continually declined since 2009, Kitchener Utilities customers still appeared to be paying high rates and suggested that profits from those rates should not go into the City’s Tax Stabilization Reserve Fund; rather, a credit should be provided back to the customers. He requested that the gas price be lowered to less than the current market rate and inquired as to why a notice of gas rate changes was advertised in the local newspaper prior to being ratified by Council. In response to questions, Mr. Drewitz suggested that a supply rate of 14.5 cents per cubic meter would be more desirable in order to lessen the pricing gap with Union Gas. He indicated that prior to 2009, there was equilibrium between Union Gas and Kitchener Utilities’ gas rates; however, since 2009, Kitchener Utilities has consistently been higher with the profits going toward the benefit of all taxpayers even those who are Union Gas customers. He explained that a subsidized rate, lower than the market price for supply, should be imposed to mitigate the impact of the consistently higher rates charged by Kitchener Utilities. Councillor J. Gazzola acknowledged that Kitchener Utilities rates have been higher than Union Gas since 2008, and indicated that the new proposed rate would place Kitchener Utilities 32% higher for the supply of gas. He commented that it is too great a difference to consistently pass on to customers and questioned how long fixed rates would impact pricing. Ms. P. Houston, Deputy CAO, Infrastructure Services, responded that the impact of fixed rates lessens over time with 70% of the commodity purchased at a fixed rate in 2013; 47% in 2014; and 20% in 2015. Ms. Houston responded to questions related to the survey of Kitchener Utilities customers, advising that the one conducted in March 2012 showed that 79% of the 300 respondents were in support of maintaining stable rates. She noted that stable rates are popular when gas prices are rising, but less so when they are in decline. She added that the gap in rates between Kitchener Utilities and Union st Gas is converging and the proposed rate changes for July 1 will assist in further closing that gap. Councillor P. Singh proposed that a new survey should be conducted and placed within Kitchener Utilities bills to generate more input and feedback from customers. Councillor D. Glenn-Graham requested that staff report back on the possibility of conducting a broader survey of Kitchener Utilities customers as a means of collecting greater public input on this matter. Councillor Z. Janecki requested clarification on the practice of advertising proposed rate changes. Ms. Houston confirmed that the rate changes are contemplated during budget deliberations, and advised that notice requirements are not legislated. She indicated that the practice employed by Kitchener Utilities to advertise rate changes, is the same as that of Union Gas. COUNCIL MINUTES JUNE 10, 2013 134CITY OF KITCHENER - - Mayor C. Zehr advised that the City is not permitted to subsidize the gas rate and is obligated to flow through the costs associated with the supply component of the natural gas rates. Moved by Councillor S. Davey Seconded by Councillor P. Singh “That Clause 5 of the Finance and Corporate Service Committee report, be adopted.” Carried Unanimously, on a recorded vote. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor J. Gazzola referred to Tender E13-033 (Consultant Services – King Edward Neighbourhood Road Reconstruction) and requested details on the line item “Projected Costs: Staff Time / Permitting / Material Testing,” which has an estimated amount of $222,996. Ms. P. Houston, Deputy CAO, Infrastructure Services, stated that the breakdown and details of those expenses would be identified throughout the course of the reconstruction project. She advised that the King Edward Neighbourhood Road Reconstruction is the combination of several projects, which prior to the 2013 Budget process were individually itemized within the Capital Budget. She noted there are cost savings associated with combining the projects and confirmed that the surplus would be allocated through capital closeouts. At the suggestion of Mr. D. Chapman, Deputy CAO, Finance and Corporate Services, it was agreed that going forward the tender limit of $125,000. would be used as a threshold whereby greater detail would be provided for any tender that has projected costs for Staff Time / Permitting / Material Testing in excess of that amount. In regard to Tender T13-040 (Resurrection Drive Stormwater Facility Retrofit), Councillor P. Singh questioned the funding source for this project. Mr. J. Willmer, Chief Administrative Officer, responded that this work was contemplated as part of the Victoria Park Lake Rehabilitation and was being funded through the Economic Development Investment Fund (EDIF). At the suggestion of Mayor C. Zehr, it was agreed that additional information on the approved funding sources for this project would be provided at a future meeting. Moved by Councillor Z. Janecki Seconded by Councillor D. Glenn-Graham “That Tender T13-038 – One (1) 19,504 kg (43,000 lb.) G.V.W. Single Rear Axle Conventional Team Cab and Chassis complete with Side Dump Sander Body and Front Plow be awarded to Truck Centres (London) Limited, London, Ontario, at their tendered price of $167,508.71, plus optional hydraulic cable operated wing of $18,270., plus H.S.T. of $24,151.23, for a total of $209,929.94.” - and - “That Tender T13-039 – One (1) 93 kw (126 net peak horse power to ISO 9249) Standard All- Wheel Drive Rubber Tired Industrial Tractor with Front End Loader and an Extendable Toromont CAT, Cambridge, Ontario, Backhoe, be awarded to at their tendered price of $162,499., plus Optional training/operation video of $125., plus Optional OEM training for mechanical staff of $2,400., plus H.S.T. of $21,453.12, for a total of $186,477.12.” - and - “That Expression of Interest E13-033 – Consultant Services – King Edward Neighbourhood Conestoga-Rovers & Associates, Waterloo, Ontario Road Reconstruction be awarded to at their estimated fee of $449,350., including contingencies of $40,850. plus H.S.T. of $58,415.50, for a total of $507,765.50, based on a satisfactory contract being negotiated and an upset fee being established.” - and - COUNCIL MINUTES JUNE 10, 2013 135CITY OF KITCHENER - - IRC Building “That Expression of Interest E13-015 Roof Consulting Services, be awarded to Sciences Group Inc, London, Ontario at their estimated fee for a period of three years with an option for one additional one year period.” - and - “That Expression of Interest E13-050 – Consultant Services – Development Charge Hemson Consulting Background Study and Draft Development Charge Bylaw, be awarded to Ltd., Toronto, Ontario at their estimated fee of $148,343., plus H.S.T. of $19,285., for a total of $167,627., based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Expression of Interest E13-049 Consultant Services – 2013 Bridge Investigations, be K. Smart Associates Limited, Kitchener, Ontario awarded to at their estimated fee of $39,693.50, including contingencies of $3,608.50 plus H.S.T. of $5,160.15, for a total of $44,853.65, based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Tender T13-040 – Resurrection Drive SWM Facility (650006) Retrofit, be awarded to 2220742 Ontario Ltd., Milton, Ontario at their corrected tendered price of $567,274.97., including provisional items and contingencies of $82,630., plus H.S.T. of $65,261.72., for a total of $567,274.97.” - and - “That Expression of Interest E13-035 – Consultant Services – Five (5) Year Fire Master Plan, Dillon Consulting Limited, Kitchener, Ontario be awarded to at their estimated fee of $75,800., plus H.S.T. of $9,854., for a total of $85,654., based on a satisfactory contract being negotiated and an upset fee being established.” Carried. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “That the report of the Community & Infrastructure Services Committee be adopted.” Councillor Z. Janecki declared a pecuniary interest with respect to Clause 5 of the Committee report as he has an association with the proponent requesting the noise exemption; and accordingly, he abstained from all discussion and voting regarding that matter. Councillor S. Davey requested that the installation of the two medians and two chicanes on Glasgow Street, as outlined in Clause 7 of the Committee report, be voted on separately. In reference to the proposed redevelopment of the Rockway Centre, as outlined in Clause 8 of the Committee report, he requested that a portion of the public arts funding could be applied towards the special consideration within proposals that incorporate the building’s heritage elements. Mr. M. May, Deputy CAO, Community Services, agreed that this could be examined as part of the Request of Proposals (RFP) process. An amendment was brought forward by Councillor S. Davey, seconded by Councillor P. Singh, to add an additional paragraph to Clause 8 of the Committee report to stipulate that no action be taken to list the Rockway Centre on the City’s Municipal Heritage Register (MHR) or to designate it under Part IV of the Ontario Heritage Act. Councillor Davey’s amendment to Clause 8 of the Committee report was then voted on and was Carried on a recorded vote, with Mayor C. Zehr and Councillors K. Galloway-Sealock, D. Glenn- Graham, B. Ioannidis, S. Davey, B. Vrbanovic and P. Singh voting in favour; and Councillors J. Gazzola, Y. Fernandes, Z. Janecki and F. Etherington voting in opposition. COUNCIL MINUTES JUNE 10, 2013 136CITY OF KITCHENER - - Councillor J. Gazzola spoke in opposition to Clause 9 of the Committee report questioning the intent of directing staff to undertake a City-wide examination of the potential for a similar public / private partnership, when such research may never be needed. He requested that this matter be voted on separately. The Community and Infrastructure Services Committee report was then voted on Clause by Clause. Carried. Clause 5 – Recorded Pecuniary Interest and Abstention: Councillor Z. Janecki, as he has an association with the proponent requesting the noise exemption. Carried on a recorded Paragraph 2 (Clause 7)– vote. In Favour: Mayor C. Zehr and Councillors Y. Fernandes, K. Galloway-Sealock, F. Etherington, J. Gazzola, B. Vrbanovic, Z. Janecki and D. Glenn-Graham Contra : Councillors P. Singh, S. Davey and B. Ioannidis. Carried. Balance of Clause 7– Carried Unanimously, as amended, on Clause 8 – recorded vote. Carried on a recorded vote. Clause 9– In Favour: Mayor C. Zehr and Councillors Y. Fernandes, K. Galloway-Sealock, B. Vrbanovic, P. Singh, S. Davey, B. Ioannidis and D. Glenn- Graham Contra : Councillors J. Gazzola, F. Etherington and 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.” Voted on clause by clause. Carried Unanimously, on Paragraph 1 (Clause 4) – a recorded vote. Carried on a recorded Paragraph 2 (Clause 4) – vote. In Favour: Mayor C. Zehr and Councillors Y. Fernandes, K. Galloway-Sealock, B. Vrbanovic, P. Singh, S. Davey, B. Ioannidis, F. Etherington and D. Glenn-Graham Contra : Councillors J. Gazzola and Z. Janecki. COUNCIL MINUTES JUNE 10, 2013 137CITY OF KITCHENER - - Carried on a recorded Paragraph 3 (Clause 4) – vote. In Favour: Mayor C. Zehr and Councillors K. Galloway-Sealock, B. Vrbanovic, P. Singh, S. Davey, B. Ioannidis, F. Etherington and D. Glenn-Graham Contra : Councillors J. Gazzola, Y. Fernandes and Z. Janecki. Carried on a recorded Paragraph 4 (Clause 4) – vote. In Favour: Mayor C. Zehr and Councillors K. Galloway-Sealock, B. Vrbanovic, P. Singh, S. Davey, B. Ioannidis, J. Gazzola, Y. Fernandes, F. Etherington and D. Glenn-Graham Contra : Councillor Z. Janecki. Carried on a recorded Paragraph 5 (Clause 4) – vote. In Favour: Mayor C. Zehr and Councillors K. Galloway-Sealock, B. Vrbanovic, P. Singh, S. Davey, B. Ioannidis, J. Gazzola, F. Etherington and D. Glenn-Graham Contra : Councillors Y. Fernandes and Z. Janecki. Carried Unanimously, on Paragraph 6 (Clause 4) – a recorded vote. Dealt with under Delegations and Carried Clause 5 - Unanimously, on a recorded vote. Carried. Balance of report - Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “That the report of the Planning & Strategic Initiatives Committee (meeting of May 27, 2013) be adopted.” Councillor P. Singh declared a pecuniary interest with respect to Clause 2 of the Committee report, as his parents own property in the vicinity of 445 King Street West. Voted on Clause by Clause Carried. Clause 2 – Recorded Pecuniary Interest and Abstention: Councillor P. Singh, as his parents own property in the vicinity of 445 King Street West. Dealt with under Delegations and Clause 4 - Carried. Dealt with under Delegations and Clause 5 - Carried. COUNCIL MINUTES JUNE 10, 2013 138CITY OF KITCHENER - - Carried. Balance of report – Councillor Y. Fernandes requested that additional information be provided on the Community Assistance Loan Program and how it might be marketed to encourage uptake by community groups. At the request of Councillor J. Gazzola, Ms. P. Houston agreed to investigate the issue of garbage bags being left next to the garbage receptacles along King Street. Councillor J. Gazzola requested that a report be provided outlining the results of the gas site inspections that were undertaken by Kitchener Utilities to reassure area residents in the vicinity of the explosion and fire that destroyed a two-storey home on January 27, 2013. Councillor B. Vrbanovic advised that the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) posthumously awarded Randy Gosse, former Director of Legislated Services and City Clerk, with a Provincial Zone Award for his leadership and professional achievements at the City of Kitchener. Councillor B. Ioannidis requested that Transportation Services staff follow-up with their counterparts at the Region of Waterloo as to the possibility of installing traffic signals at the intersection of Stoke Drive and Victoria Street. He further proposed that this intersection should be examined as part of the School Zone 40 km / hr pilot project. Mayor C. Zehr directed staff to undertake a review of the City’s existing meeting procedures and report back after the summer recess with suggested measures that could be implemented to provide for more efficient meeting process. Council then considered Item 7 a) under Unfinished Business on the agenda this date, dealing with the listing of non-designated properties on Municipal Heritage Register (MHR) consideration of which was deferred from the May 13, 2013 Council meeting, to allow time for additional information to be provided with respect to the subject properties. Councillor B. Ioannidis expressed concerns with respect to how owners are notified that their properties are being considered for listing on the MHR. He acknowledged that while notices are provided, he would prefer to see staff also endeavor to contact property owners via telephone or in person. Councillor P. Singh spoke in support of the suggestions made by Councillor Ioannidis and requested that additional information be provided as part of the reports prepared by Heritage Planning staff to indicated the comments conveyed by property owners regarding the proposed listing. Mayor C. Zehr proposed that staff could report back on those suggestions at a future Planning and Strategic Initiatives Committee meeting. Carried. The following motion as then voted on clause by clause and was Moved by Councillor F. Etherington Seconded by Councillor D. Glenn-Graham “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.” Council agreed to the request of Mr. C. Goodeve, Supervisor of Legislated Services & Deputy City Clerk,to add seven additional by-laws for three readings this date related to two housekeeping amendments for chapters of the Municipal Code, establishment of Feenstra Street, an Official Plan Amendment and zoning application listed under Clause 2 of the Planning and Strategic Initiatives Committee report and two further zoning applications listed under Clauses 3 and 5 of the Planning and Strategic Initiatives Committee report. COUNCIL MINUTES JUNE 10, 2013 139CITY OF KITCHENER - - Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 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 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) Being a by-law to amend Chapter 523 of the City of Kitchener Municipal Code with respect to Buskers. (e) Being a by-law to amend Chapter 542 of the City of Kitchener Municipal Code with respect to Exhibitions, Circus, Midway or Carnival. (f) Being a by-law to exempt certain lots from Part Lot Control – Part of Block 14, Registered Plan 58M-364 – Zeller Drive. (g) Being a by-law to assume certain lands within the city of Kitchener as a public highway. (h) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (k) Being a by-law to amend Chapter 549 of the City of Kitchener Municipal Code with respect to Itinerant – Temporary Vendor, Permanent – Temporary Markets. (l) Being a by-law to adopt Amendment No. 97 to the Official Plan. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 2335945 Ontario Inc. o/a Momentum Developments. (n) Being a by-law to provide for the establishing and laying out of part of Feenstra Street as a public highway in the City of Kitchener. (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc. – 571 Huron Road. (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Hallman Construction Limited – Eden Oak Court. 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 Z. Janecki as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES JUNE 10, 2013 140CITY OF KITCHENER - - Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “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 S. Davey “That the by-laws be given third reading, namely: (a) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2013-071) (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. 2013-072) (c) To further amend By-law 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2013-073) (d) Being a by-law to amend Chapter 523 of the City of Kitchener Municipal Code with respect to Buskers. (By-law No. 2013-074) (e) Being a by-law to amend Chapter 542 of the City of Kitchener Municipal Code with respect to Exhibitions, Circus, Midway or Carnival. (By-law No. 2013-075) (f) Being a by-law to exempt certain lots from Part Lot Control – Part of Block 14, Registered Plan 58M-364 – Zeller Drive. (By-law No. 2013-076) (g) Being a by-law to assume certain lands within the city of Kitchener as a public highway. (By-law No. 2013-077) (h) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2013-078) (i) To confirm all actions and proceedings of the Council. (By-law No. 2013-079) (j) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (By-law No. 2013-080) COUNCIL MINUTES JUNE 10, 2013 141CITY OF KITCHENER - - (k) Being a by-law to amend Chapter 549 of the City of Kitchener Municipal Code with respect to Itinerant – Temporary Vendor, Permanent – Temporary Markets. (By-law No. 2013-081) (l) Being a by-law to adopt Amendment No. 97 to the Official Plan. (By-law No. 2013-082) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 2335945 Ontario Inc. o/a Momentum Developments. (By-law No. 2013-083) (n) Being a by-law to provide for the establishing and laying out of part of Feenstra Street as a public highway in the City of Kitchener. (By-law No. 2013-084) (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc. – 571 Huron Road. (By-law No. 2013-085) (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Hallman Construction Limited – Eden Oak Court. (By-law No. 2013-086) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 11:30 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 10, 2013 142CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That the Mayor and Clerk be authorized to execute a limiting distance agreement, to the satisfaction of the City Solicitor, with the registered owners of 299 Trillium Drive, pursuant to Section 3.2.3.1. (8) Div. B of the Building Code, to permit the construction of an addition with the limiting distance of the exposing building face being measured to a point beyond the property line on the adjacent property, 269 Trillium Drive. 2. That the Uniform Traffic By-law be amended to implement a 30 minute parking time limit on College Street from a point 26 meters north of King Street to a point 16 meters north thereof. 3. That the Uniform Traffic By-law be amended to prohibit stopping from 8:00 AM - 4:30 PM, Monday to Friday, on the east side of Woodfield Street from a point 30 metres north of Apple Ridge Drive to a point 25 metres north of Woodfield Court. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Michael Saunders for a birthday party to be held at 552 Hidden Valley Road on Saturday, June 15, 2013, between the hours of 2:00 PM and 11:00 PM. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted th to 98.5 FM - CKWR for a 40 anniversary celebration at 1446 King Street East, on Saturday, June 15, 2013, between the hours of 9:00 AM and 2:00 PM. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to KW Habilitation for a community fund raising event to be held at 108 Sydney Street South on Thursday, June 27, 2013, between the hours of 5:00 PM and 8:30 PM. 7. That a series of two (2) medians be installed on Glasgow Street between Fischer Hallman Road and Knell Drive; and, That a series of two (2) chicanes be installed on Glasgow Street between Fischer Hallman Road and Knell Drive; and, That bicycle lanes be installed on Glasgow Street between Belmont Avenue and Westmount Road; and, That consideration of the installation of bicycle lanes on Glasgow Street between Westmount be deferred to the June 17, 2013 Community & Infrastructure Road and Knell Drive, Services Committee meeting to allow time for staff to circulated to affected area residents copies of Infrastructure Services Department report INS-13-055 along with a map depicting the proposed re-design of that section of Glasgow Street; and further, That the Uniform Traffic Control By-law be amended accordingly. (Carried, as Amended) 8. That the Rockway Feasibility Study and Business Case, as attached to Community Services Department report CSD-13-047, be received for information and staff be directed to undertake the following actions prior to a final decision being rendered on this matter:  consider the findings of the Rockway Feasibility Study as part of the City’s Leisure Facilities Master Plan (LFMP) Update and Development Charges (DC) review for prioritization against other recreational needs within the community; and,  gather all relevant information and begin the Request for Proposals (RFP) process for the redevelopment of the Rockway Centre (736 Charles Street East / 1405 King Street East) into a medium-to-high density residential building that includes a ground floor older adult/community centre (to be operated by the municipality with the option to own), as well as possible ancillary medical/dental, retail or office type uses; and, COUNCIL MINUTES JUNE 10, 2013 143CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 8. (Cont’d)  through the RFP process, special consideration be given to proposals that incorporate the heritage elements of the Rockway Centre; and, That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property known as the Rockway Gardens (7 Floral Crescent and 1405 King Street East) as being of cultural heritage value and interest, with specific recognition given to Rockway Gardens being identified as a cultural heritage landscape; and, That the Rockway Centre facility remain in its current configuration (i.e. without making any significant renovations or upgrades), and be maintained to a reasonable standard that is in line with other municipally owned facilities, until a final decision has been implemented for the long- term vision for the Centre; and further; That no action be taken to list the Rockway Centre (1405 King Street East) on the City’s Municipal Heritage Register (MHR) or designate it under Part IV of the Ontario Heritage Act. (Carried, as Amended, on a recorded vote) 9. That staff be directed to consider a strategy to add new seniors’ space, or more effective utilization of existing space, for additional seniors' programming in strategically located community centres across the City as part of the Leisure Facilities Master Plan (LFMP) update; and further, That staff be directed to investigate possible public private partnerships for those strategic locations. (Carried, on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That the discussion paper entitled “Downtown Financial Incentive Review – Discussion Paper” be received for information, as attached to Chief Administrator’s Office report CAO-13-018; and further, That staff be directed to proceed with public consultation as outlined in report CAO-13-018. 2. That the licence fee for the Heart and Hand Festival on September 21, 2013 taking place at the Joseph Schneider Haus be reduced to $49.60. 3. That staff be directed to prepare a complete report, with the support of appropriate professionals if necessary, outlining the direct and indirect benefits of the 10 year Economic Development Investment Fund (EDIF) program to our community from both completed and confirmed projects, with said report to come forward to the Finance and Corporate Services Committee for consideration in 2014. 4. That the Waterloo Region Economic Development Study: Assessment of Economic Development Services and the Provision of Employment Lands, prepared by Malone Given Parsons Ltd. and dated April 2013, be received; and, That the creation of an Office of Economic Development at the Region of Waterloo, pursuant to the parameters outlined in the memo from the CAOs dated April 25, 2013, and attached to Chief Administrator’s Office report CAO-13-017, be supported; and, That the creation of a Waterloo Region Economic Development Corporation (WREDC) be approved in principle, subject to the development and approval, by each municipal Council, of a detailed implementation plan; and, COUNCIL MINUTES JUNE 10, 2013 144CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 4. (Cont’d) That the pursuit of changes to the Municipal Act which would allow the Region to participate in strategic employment land development be approved in principle, subject to the development and appropriate consideration of a more detailed report to each municipal Council about how this could be accomplished; and, That the creation of a Special Purpose Corporation to develop strategic employment lands in Waterloo Region be further investigated; and further, That the Region be encouraged to work together with the City of Cambridge and East Side property owners to develop a plan to expedite the development of the East Side Lands. (Carried, on a recorded vote) 5. That the supply component of the natural gas rates be decreased to 16.5 cents per cubic meter from 17.5 cents per cubic meter for system gas customers of the City of Kitchener effective July 1, 2013; and, That the transportation component of the natural gas rate no longer be based on TCPL tolls as approved by the NEB and instead reflect the average forecast cost of transportation and be decreased to 4.0 cents per cubic meter from 6.182 cents per cubic meter effective July 1, 2013 to phase-in the new rate-setting approach; and further, That the delivery components of the natural gas rates no longer be based on Union Gas base rates as approved by the OEB and instead reflect a modified cost-of-service approach to fully recover all utility costs, including earnings and a fixed dividend to the City, with changes as proposed in Infrastructure Services Department report INS-13-022 - Appendix A for all Kitchener delivery customers effective July 1, 2013 to phase-in the new rate-setting approach. (Dealt with under Delegations and Carried Unanimously, on a recorded vote) PLANNING AND STRATEGIC INITIATIVES COMMITTEE – (Meeting of May 22, 2013) 1. That the New Technically Preferred Alignment (W1) for the Strasburg Road Extension from north of Stauffer Drive to New Dundee Road be approved; and, That staff be directed to prepare Preliminary Design for the New Technically Preferred Alignment, complete the Environmental Study Report (ESR) and present the final ESR at the October 21, 2013 Planning & Strategic Initiatives Committee meeting to endorse the document for filing in the Public Record for the mandatory 30-day public review period; and further, That vehicular access to 500 Stauffer Drive be maintained in a manner negotiated with the owner of 500 Stauffer Drive, throughout the development process of the Strasburg Road extension. (Dealt with under Delegations and Carried) 2. That if a new alignment for Robert Ferrie Drive is to be determined through an Official Plan Amendment and Plan of Subdivision process, it is the preference of the City of Kitchener to require documentation and rigor that an Environmental Study Report requires to justify the new alignment. (Dealt with under Delegations and Carried Unanimously, as Amended) COUNCIL MINUTES JUNE 10, 2013 145CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – (Meeting of May 27, 2013) 1. That the second draft of the new Official Plan for the City of Kitchener, dated May 27, 2013, attached as Appendix ‘C’ to Community Services Department report CSD-13-043 be received for information; and, That the second draft of the new Official Plan be made available to the public and stakeholders for their review and comment until October 12, 2013; and, That staff continue with community engagement of the draft new Official Plan as outlined in Report CSD-13-043; and further, That following the community engagement period on the second draft of the new Official Plan staff bring forward a final version for consideration of adoption by Council. 2. That Official Plan Amendment Application OP12/03/K/HH for 445 King Street West requesting to introduce Special Policy 51 to permit a high rise residential development with ground floor commercial uses that is subject to the site-specific provisions on the subject lands illustrated as the 'Subject Area' on Schedule ‘A’ be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD-13-027 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC12/18/K/HH for 445 King Street West for the purpose of changing the zoning from Warehouse District Zone (D-6) with Special Use Provision 142U to Warehouse District Zone (D-6) with Special Use Provision 428U and Special Regulation Provision 626R be approved in the form shown in the ‘Proposed By-law’ dated April 25, 2013 attached to Report CSD-13-027 as Appendix ‘B’; and further, That the Urban Design Brief for 445 King Street West, dated April 2013, and attached to Report CSD-13-027 as Appendix ‘C’, be adopted. 3. That Zone Change Application ZC13/02/H/ATP for the subject lands (Activa Holdings Inc., 571 Huron Road), for the purpose of changing the zoning from Restricted Business Park Zone (B- 2) with Special Use Provision 211U to Residential Three Zone (R-3) with Special Regulation Provision 403R and Special Regulation Provision 1R on the parcel of land in the City of Kitchener specified and illustrated as the Subject Area on Map No. 1, be approved in the form shown in the attached ‘Proposed By-law’ dated April 23, 2013 attached to Community Services Department report CSD-13-035 as Appendix ‘A’. 4. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-13201, in the City of Kitchener, for 2269953 Ontario Inc., subject to conditions outlined in Community Services Department report CSD-13-036; and, That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990 c.P.13, as amended, and By-law 2002-64 as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-13203 for 701 Homer Watson Boulevard in the City of Kitchener, subject to conditions outlined in Report CSD-13-036. (Dealt with under Delegations and Carried Unanimously) 5. That Policy 5.2 of the Grand River South Community Plan be amended to add residential uses as a permitted use; and, That Zone Change Application ZC12/12/E/KA for Hallman Construction Limited requesting a change in zoning from Community Institutional Zone (I-2) with Special Use Provision 275U and Holding Provision 15HSR to Community Institutional Zone (I-2) with Special Regulation Provision 597R and from Community Institutional Zone (I-2) with Special Use Provision 275U and Holding Provision 15HSR to Community Institutional Zone (I-2) with Special Use Provision 429U and Special Regulation Provision 597R be approved in the form shown in the “Proposed By-law” dated May 31, 2013 attached to Community Services Department Report CSD-13-066 as Appendix A; and further, COUNCIL MINUTES JUNE 10, 2013 146CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – (Meeting of May 27, 2013) (Cont’d) 5. (Cont’d) That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-12201, in the City of Kitchener, for Hallman Construction Limited, subject to conditions outlined in Community Services Department report CSD-13-033, save and except C.1 which shall be replaced with the following: ‘That this approval applies to Plan of Subdivision 30T-12201 for Hallman Construction Limited as shown on the Plan of Subdivision dated May 31, 2013 attached to Community Services Department Report CSD-13-066 as Appendix B, which shows the following: Blocks 1-5 Residential 25- 33 units’. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES JUNE 10, 2013 147CITY 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-13-086 – Sale of Lands to Region of Waterloo for LRT Purposes – King / Green Streets Council considered Finance and Corporate Services Department report FCS-13-086 (S. Ross), dated May 27, 2013. It was resolved: “That part of the laneway located at King and Green (the “Subject Land”) be declared surplus to the City’s needs; and, That the City accept an offer from the Region of Waterloo to purchase the Subject Land, for the sum of $3,150.00 on terms and conditions satisfactory to the City Solicitor; and, That the closure of the Subject Land, if necessary, be approved in principle, and that Legal Services be instructed to proceed with the preparation of the by-law, the necessary advertising in the newspaper, documentation and conveyance of all required easements, if any; and, That all costs with respect to the transaction, including legal and appraisal fees, be borne by the Region of Waterloo; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor.” 3.FCS-13-089 – Sale of Lands to Region of Waterloo for LRT Purposes – Grand River Hospital Council considered Finance and Corporate Services Department report FCS-13-089 (S. Ross), dated May 27, 2013. It was resolved: “That part of the frontage of 835 King Street West, the Grand River Hospital lands, (the “Subject Land”) be declared surplus to the City’s needs; and, That the City accept an Offer to Purchase received from the Region of Waterloo, pursuant to Section 30 of the Expropriations Act, to purchase the Subject Land, on terms and conditions satisfactory to the City Solicitor, and without prejudice to any Ontario Municipal Board proceeding to determine further compensation; and, That all costs with respect to the transaction, including legal and appraisal fees, be borne by the Region of Waterloo; and further That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor.” COUNCIL MINUTES JUNE 10, 2103 148CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 4.FCS-13-098 – Housekeeping Amendments – c. 501 & 549 – Municipal Code Council considered Finance and Corporate Services Department report FCS-13-098 (C. Tarling), dated June 3, 2013. It was resolved: “That Chapter 549 (Itinerant-Temporary Vendor, Permanent-Temporary Markets) and Chapter 501 (Business Licence Fees) of the Municipal Code be amended as outlined in Finance and Corporate Services Report FCS-13-098.”