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HomeMy WebLinkAboutCouncil - 2013-06-24COUNCIL MINUTES JUNE 24, 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 K. Galloway- Sealock, the minutes of the regular meeting held June 10, 2013 and special meetings held June 10 & 17, 2013, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE — NIL On behalf of Council, Mayor C. Zehr and Fire Chief T. Beckett presented Certificates of Commendation to Messrs. Tom O'Neill and Andrew Rolf in recognition of their actions on June 8, 2013, in rescuing the occupant of a burning building on Maywood Drive. Mr. Chris Hyde and Ms. Sarah Marsh, Compass Kitchener, were in attendance to present the Committee's 2013 -2014 Work Plan as attached to Chief Administrative Office report CAO -13 -022 (M. Hildebrand). Mr. Hyde reviewed the report advising that the Work Plan includes: the public roll -out of the 2011 -2014 Strategic Plan; the report card; community consultation; youth / student outreach; voter turnout; and, joint advisory committee meetings. Ms. Marsh provided an update on the Committee's annual report card, which evaluates the City success at working towards the directions outlined in the Strategic Plan. She indicated that a report card will not be published this year; rather, a review is being conducted with the goal of updating indicators which measure the strategic directions to develop a more efficient process for collecting and measuring data. She noted that once this process has been completed, the refined indicators will be reviewed by Compass Kitchener and brought forward for Council's consideration. In response to questions, Ms. Marsh confirmed that a survey similar to the ones previously conducted by Environics was anticipated to be conducted in 2014 as part of the Who- are -you- Kitchener campaign. She stated that the goal of this survey would be to determine community concerns, priorities and strategic direction for the 2014 -2018 term of Council. At the request of Councillor S. Davey, Ms. Marsh agreed to circulate copies of the draft survey questions to members of Council. Mayor C. Zehr advised that the surveys conducted by Compass Kitchener have typically been conducted independently from Council. Accordingly, while Councillors could ask for clarification with respect to the language used for a particular question, he cautioned members against taking an active role trying to determine the nature of the questions that would be asked as a part of the survey. Moved by Councillor B. Vrbanovic Seconded by Councillor Y. Fernandes "That the Compass Kitchener Work Plan 2013 -2014, as attached to Chief Administrator's report CAO -13 -022, be approved." Carried Unanimously. Mr. Steve Burrows, architect and area resident, appeared in opposition to the new washroom facility proposed for Victoria Park as outlined in Heritage Permit Application HPA 2013 -V -012, listed as Clause 1 of the Heritage Kitchener Committee report. He presented images of multi -use structures in Waterloo Region as well as internationally, which are reflective of the vibrancy and unique characteristics of their locations. He provided comparisons with other park projects which were designed to have visual impact, while still being functionally effective. He urged Council to reconsider the design of the building proposed in HPA 2013 -V -012, and suggested that the selected design should create an impression complementary to the 120 years of heritage evolution of Victoria Park. In response to questions, Mr. Burrows confirmed that he is a member of Heritage Kitchener and attended the June 4, 2013 Committee meeting; at which time he expressed concerns with the proposed design. He indicated those concerns relate to the lack of visual impact of the building's design as well as safety issues with respect to the proximity of the berm to the facility, which would create a secluded alleyway behind the building. He further noted that the design does not include family washrooms, which are common place for most modern facilities of this nature. COUNCIL MINUTES JUNE 24, 2013 -153- CITY OF KITCHENER Mr. M. May, Deputy CAO, Community Services, responded to questions, advising that the location of the washroom facility was previously approved by Council. He stated that Heritage Kitchener, Heritage Planning staff and the Waterloo Region Heritage Planning Advisory Committee have recommended approval of the design outlined in HPA 2013 -V -012. He confirmed that the Crime Prevention Through Environmental Design (CPTED) review would be conducted as part of the Development Review process, which would be undertaken following the approval of the subject Heritage Permit Application. He indicated that the timeline and budget for this project is very limited due to the provisions within the Federal Community Infrastructure Improvement Fund (CIIF) grant, which accounts for approximately 50% of the funding to construct the new washroom. He noted any delay could potentially jeopardize that funding. Moved by Councillor F. Etherington Seconded by Councillor P. Singh "That Clause 1 of the Heritage Kitchener report be adopted." Carried Unanimously. Ms. Mary Sehl and Mr. Peter Dedes addressed Council with regards to the recommendation put forward by a Sub - Committee of the Cycling Advisory Committee (CAC) concerning trailhead access control barriers, listed as Clause 14 on the Community and Infrastructure Services Committee report. Ms. Sehl advised that members of CAC only became aware of the staff recommendation contained in Infrastructure Services Department report INS -13 -058 after the Committee's June meeting; accordingly, CAC did not have an opportunity to take a formal position on this matter. She stated that members of the CAC's Technical and Infrastructure Sub - Committee were asked to review the staff report and put forward a recommendation. She indicated that she undertook an informal discussion of this matter with CAC members, who expressed opposition to the staff recommendation, indicating a preference to have the gates / barriers on the City's trails opened to provide a minimum width of 1.5 metres in accordance with the standards outlined in Ontario Ministry of Transportation (MTO) draft Ontario Traffic Manual Book 18: Bicycle Facilities. She noted it was also requested that additional road crossing warning signage be installed. Mr. Dedes added that, in his opinion, it is not appropriate to spend approximately $32,000. to temporarily relocate the gates along the Iron Horse Trail, as recommended by staff. He noted that MTO's Book 18 states that off -set gates and swing gates are not recommended as access control measures for trail road crossings. He commented that at present, the trail gates are opened annually from November to March, and that to his knowledge, the City has not encountered any issues during those times. In response to questions, Ms. Sehl advised that as the City is currently in the process of developing a comprehensive sponsorship strategy, the request put forward at the Community and Infrastructure Committee meeting asking that CAC be authorized to seek advertising sponsorship to cover the costs associated with the additional road crossing warning signs has been withdrawn. She stated that in her experience, most municipalities employ removable bollards, rather than gates; and, suggested that Kitchener should also switch to bollards. Mr. Dedes indicated that there is little uniformity with respect to the barriers that are used on most of the trails across the City. He spoke to the importance of installing warning signs where there are currently road crossing gate control measures. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor D. Glenn - Graham, to revise Clause 14 of the Community and Infrastructure Services Committee report to direct staff to open all trail gate access control measures, install road crossing warning signs and examine the process for installing flexible bollards, as per the draft Ontario Traffic Manual Book 18: Bicycle Facilities. Councillor K. Galloway - Sealock pointed out that the last three paragraphs of the recommendation contained in Report INS -13 -058 direct staff to complete an update of standards for multi -use pathway midblock crossings of roads and to work with the CAC to assist in identifying priorities for upgraded crossings. She suggested that giving this direction would provide staff with an opportunity to examine and report back on the new standards. Councillor Fernandes agreed to replace the portion of her motion directing staff to examine the installation of flexible bollards with the last three paragraphs of the recommendation contained in Report INS -13 -058. COUNCIL MINUTES JUNE 24, 2013 -154- CITY OF KITCHENER Clarification was requested as to whether it was intended to have the gates opened before signage was installed. Councillor Fernandes indicated that a number of the City's multi -use pathways, such as the Iron Horse Trail, already have warning signs. She suggested that in addition to opening all trail gate access control measures, staff could undertake the installation of signage on well -used trails. An amendment was brought forward by Councillor B. Vrbanovic, which was accepted as friendly, that warning signs must be in place prior to the opening of the trail gate access control measures along the City's multi -use pathways and trails. Councillor Vrbanovic further acknowledged that staff could consult with members of CAC to identify the priority trail routes that require signage. Councillor Galloway - Sealock requested that information be circulated to Council regarding the costs associated with installing the additional road crossing warning signs. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn- Graham "That Clause 14 on the Community and Infrastructure Services Committee report, be adopted as amended." Carried Unanimously on a recorded vote. Councillor D. Glenn- Graham advised that he wished to introduce a motion with respect to methadone maintenance treatment clinics and requested that the requirements for giving Notice of Motion be waived. Moved by Councillor D. Glenn- Graham Seconded by Councillor F. Etherington "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to methadone maintenance treatment clinics." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors P. Singh, B. loannidis, K. Galloway - Sealock, S. Davey, F. Etherington, B. Vrbanovic, J. Gazzola, Y. Fernandes and D. Glenn- Graham. Contra: Councillor Z. Janecki Carried, with the required 2/3 vote of the whole of Council. Ms. Marian Tutuianu, area business owner, appeared in support of limiting the number of methadone maintenance treatment clinics and expressed concerns with the existing clinics located in the King Street East area of Kitchener. She stated that there should be notice provisions for methadone clinics similar to the requirements for liquor licence applications, which would provide an opportunity for public comment. She commented that the King Street East is a gateway for the City and would not be an appropriate location for an additional methadone maintenance treatment clinic. Ms. Heather Anderson, area business owner, appeared in support of limiting the number of methadone maintenance treatment clinics in Kitchener and questioned why a third clinic was being allowed to open in close proximity to the two existing clinics in the King Street East area. She expressed concern that adequate research has not been completed on this matter and commented that permitting this number of methadone maintenance treatment clinics in one area is contrary to the City's Downtown revitalization efforts. In response to questions, Ms. Anderson stated that she has successfully operated a dance studio for 22 years and is concerned an additional clinic will negatively impact her business. She outlined additional concerns related to the provision of parking to accommodate the estimated 900 patients COUNCIL MINUTES JUNE 24, 2013 -155- CITY OF KITCHENER that will be attending the clinic for treatment. She added that she learned about the subject clinic through a reporter who was filming a segment on this matter in front of her business. Councillor D. Glenn- Graham reviewed his proposed motion, advising that the subject methadone maintenance treatment clinic is a permitted use under the City's Zoning By -law. He indicated that there is no legal recourse to prohibit the clinic or require relocation, adding the proprietor has conveyed that they have a strong business case indicating a demand for the clinic's services. He stated that the societal issues, perceptions and impacts of operating the clinic are not centralized to the Downtown core and represent City -wide concerns. He commented that this is why his motion references all operators of methadone maintenance treatment clinics in Ontario as a means of ensuring a positive balance and prevent the concentration of methadone maintenance treatment clinics in one area. In response to questions, Mr. S. Turner, Director of By -law Enforcement, advised that a business license is not required for the operation of a health clinic within the City of Kitchener. He indicated the proprietor of the subject clinic would have applied for a building permit and occupancy permit without having to specify the type of health clinic. He indicated that he was notified by the Waterloo Regional Police that the proprietor would be opening the subject methadone maintenance treatment clinic, noting that he then met with the proprietor on June 12, 2013. Mr. A. Pinard, Director of Planning, responded to further questions, advising that a methadone maintenance treatment clinic is permitted within the zoning regulations in any zone where a medical clinic is a permitted use. He stated that the zoning framework does not provide for the number of permitted uses in a given area. He acknowledged that while the opening of an Adult Entertainment Parlour can be controlled through specific provisions within the Municipal Act, 2001, no similar legislative controls exist for methadone maintenance treatment clinics. Mr. S. Ross, Assistant City Solicitor, referred to a Methadone Clinics Study completed by the City of London, which was used by that municipality to modify the definition of medical clinic within their Zoning By -law; resulting in the creation of a separate definition for methadone maintenance treatment clinics. He noted that in the City of London when seeking a building and /or occupancy permit, an applicant has to identify the use as being for a methadone maintenance treatment clinic; thereby providing advanced notice when this type of facility would be opening in that municipality. Councillor B. Vrbanovic spoke in support of Councillor Glenn- Graham's motion, suggesting that staff should examine the impact of creating separate definitions for the different types of medical clinics within the new Official Plan and as part of the comprehensive review of the City's Zoning By -law. Councillor F. Etherington expressed support for the treatment and assistance provided by methadone maintenance treatment clinics; however, the concentration of two clinics within one block seems to be excessive. He explained that although the east -end of the City consists of excellent neighbourhoods, there is a concentration of social agencies in that area. He suggested that the proprietor of the subject clinic should be respectfully asked to relocate to a less concentrated area. Moved by Councillor D. Glenn- Graham Seconded by Councillor F. Etherington "WHEREAS the City of Kitchener has received an application for another methadone maintenance treatment clinic; and, WHEREAS methadone maintenance treatment clinics are legally permitted in accordance with the City's Zoning By -law; and, WHEREAS the presence of such clinics causes concern on the part of local residents; and, WHEREAS the east -end of Kitchener will now have two methadone maintenance treatment clinics in a one -block area, adding to the City's high concentration of such clinics relative to neighbouring municipalities; and, WHEREAS one of the east -end clinics will be treating patients from as far away as the Cities of Stratford and Brantford; COUNCIL MINUTES JUNE 24, 2013 -156- CITY OF KITCHENER THEREFORE BE IT RESOLVED that notwithstanding the subject application from Towards Recovery Inc., all operators of Methadone Maintenance Treatment Clinics in Ontario are requested not to locate a future clinic within three kilometres of an existing methadone maintenance treatment clinic in the City of Kitchener and clinic operators are encouraged to consider locating future clinics equitably throughout the Region of Waterloo." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors P. Singh, B. loannidis, K. Galloway - Sealock, S. Davey, F. Etherington, B. Vrbanovic, J. Gazzola, Y. Fernandes and D. Glenn- Graham. Contra: Councillor Z. Janecki Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington "That staff be directed to investigate and report back as to possible changes that could be undertaken to the City's Zoning By -law and /or other planning related options to create a distinction between methadone maintenance treatment clinics and other medical clinics." Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillors B. Vrbanovic and P. Singh declared pecuniary interests concerning Finance and Corporate Services Department report FCS -13 -110 (E13 -046 — Consultant Services — Rehabilitation of Watermains — Trenchless Technology) as they have relatives who own property in close vicinity to where the proposed work will be undertaken; accordingly, they did not participate in any discussion or voting regarding this matter. Mr. D. Chapman, Deputy CAO - Finance & Corporate Services, referred to Tender P13 -051 (Food and Beverage Service Agreement), listed as Item B.1.iii) on the Committee of the Whole agenda. He advised that the majority of the contract will impact the 2014 budget, but the minimum guaranteed income amount represents a 30% increase over the 2013 budgeted amount. He advised that 2.5% is due to inflation; one -third is related to golf course operations; and, one -third is attributed to growth related to the expansion of the Kitchener Memorial Auditorium Complex (The Aud). In response to questions, Mr. Chapman clarified that although the income benefit attributed to the Aud is somewhat offset by increased overhead, it is estimated that the expansion has generated $55,000. in additional revenue for 2014. Mr. Chapman then referred to Finance and Corporate Services Department report FCS -13 -109 Tender T13 -012 (Trail Construction and Paving), listed as Item B.1.iv) on the Committee of the Whole agenda. He advised that additional investigation is required prior to moving forward with the award of this tender; and accordingly, indicated that Clause 1 of the recommendation contained in the staff report was being withdrawn. He suggested that once the additional information has been received, Mr. J. Willmer, CAO, could dispense with the subject tender through the delegated authority to approve purchasing awards during the summer recess. He added that the delegated approval authority does not permit Mr. Willmer to expand the scope of a project; therefore, Council was still being asked to consider Clause 2 of the recommendation to support increasing the purchase order to maximize the federal grant contribution which would result in more trails being paved as a part of this work. Moved by Councillor B. loannidis Seconded by Councillor Z. Janecki "That the City of Kitchener's portion of the Waterloo Region District School Board request for proposal Ref. No. 6324- RW -13, Office and Educational Supplies, be awarded to Staples COUNCIL MINUTES JUNE 24, 2013 -157- CITY OF KITCHENER Advantage, Mississauga, Ontario, for a three (3) year term, with an option to renew for two (2) additional twelve (12) month terms." - and - "That Proposal P13 -052 Chain Link Fencing, Silt Fencing & Related Services, be awarded to 1077860 Ontario Inc., O/A Town & Country Fencing, Ariss, Ontario, at their proposed unit prices for one (1) year with an option to renew for two (2) additional twelve (12) month terms." -and - "That Proposal P13 -051 - Food and Beverage Service Agreement, be awarded to Compass Group Canada, Mississauga, Ontario for an initial three (3) year period commencing September 1, 2013, at their proposed percentage of gross revenue with a minimum guaranteed annual revenue of $805,000., plus a 2.5% inflationary increase in each of the second and third years of the agreement, with an option to renew for two (2) additional twelve (12) month periods, subject to mutual agreement." 951ii eE "That the Director of Supply Services be authorized to increase the purchase order for Tender T13 -012 - Trail Construction and Paving, up to $500,000, being the total amount of Federal and City contribution, subject to confirmation from the Federal Government that the project scope can be expanded to include additional paving work." Carried. Moved by Councillor B. loannidis Seconded by Councillor Z. Janecki "That Expression of Interest E13 -046 — Consultant Services — Rehabilitation of Watermains on Selected Streets using Trenchless Technology (Structural Reline), be awarded to Conestoga - Rovers & Associates, Waterloo, Ontario at their estimated fee of $103,400., including contingencies of $9,400., plus H.S.T. of $13,442., for a total of $116,842., based on a satisfactory contract being negotiated and an upset fee being established." Carried. Pecuniary Interest & Abstentions: Councillors B. Vrbanovic and P. Singh declared pecuniary interests as they have family members who own property in proximity to streets included in the contract. Council then considered Community Services Department report CSD -13 -074 (A. Pinard), dated June 19, 2013, which proposed amendments to June 10, 2013 Community and Infrastructures Services Committee report. The addendum report contains updated appendices; namely, the Proposed By- law dated June 17, 2013, attached as Appendix A', and Proposed Council Policy dated June 24, 2013, attached as Appendix `B. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That the report of the Community & Infrastructure Services Committee (meeting of June 10, 2013) be adopted, as amended." Carried Unanimously, on a recorded vote. COUNCIL MINUTES JUNE 24, 2013 -158- CITY OF KITCHENER Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That the report of the Community and Infrastructure Services Committee (meeting of June 17, 2013) be adopted." Councillor J. Gazzola requested that Clause 12 be voted on separately, on a recorded vote. Clause 12 - Carried Unanimously, on a recorded vote. Clause 14 - Dealt with under Delegations and Carried Unanimously, as Amended, on a recorded vote. 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 Z. Janecki requested Clause 2 be voted on separately. Clause 2 - Carried. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning and Strategic Initiatives Committee be adopted." Councillor B. loannidis declared a pecuniary interest with respect to Clause 2 of the Committee report, as he owns rental property. Councillor P. Singh declared a pecuniary interest with respect to Clause 2 of the Committee report, as he owns rental property. At the suggestion of Mr. J. Willmer, Chief Administrative Officer, it was agreed to amend the wording in the fourth bullet of the second paragraph of Clause 2 of the Committee report to include the following phrase: "to investigate methods to promote and /or mandate compliance ", as there is not currently a by -law in place to require the use of a fire warning monitoring system or a sprinkler system. Voted on Clause by Clause. Clause 1 — Carried. Clause 2 — Carried Unanimously, as Amended, on a recorded vote. Recorded Pecuniary Interest and Abstentions: Councillors P. Singh and B. loannidis, as both are rental property owners. Moved by Councillor F. Etherington Seconded by Councillor P. Singh "That the balance of the report of Heritage Kitchener be adopted." COUNCIL MINUTES JUNE 24, 2013 -159- CITY OF KITCHENER Clause 1 - Dealt with under Delegations and Carried Unanimously. Balance of Report — Carried. Councillor J. Gazzola gave notice that he would introduce a motion at the meeting this date to direct staff to prepare monthly financial statements for the City including all its enterprises, listed as Item 8 a) under New Business. At the suggestion of Councillor S. Davey it was agreed that as the current practice is to provide financial statements every four months, the term `quarterly' in Clause 2 of the motion should be changed to read `ternary'. Several Councillors spoke in opposition Councillor Gazzola's motion, indicating that the preparation and issuance of monthly financial statements would not provide value for the cost; given that it was estimated that .5 of an FTE would be required to fulfill this request. Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn- Graham "That staff be directed to prepare and issue monthly financial statements for the City including all its enterprises, which should be made available to members of Council within 20 business working day after the previous month end; and, That the statements be prepared in a format similar to that found on pages 5 -7 to 5 -20 of Finance & Corporate Services Department report FCS -13 -062 dated June 10, 2013, but are not required to include the analysis columns containing the year -end projections, however those two columns should continue to form part of the ternary statements; and further, That the statements are intended for information purposes only and need not to be included for debate and discussion at the Finance & Corporate Services Committee meetings." A recorded vote was requested. In Favour: Councillors D. Glenn- Graham, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, F. Etherington, K. Galloway- Sealock, P. Singh and S. Davey. Motion Lost. Council agreed to the request of Mr. C. Goodeve, Supervisor of Legislated Services & Deputy City Clerk, to add six additional by -laws for three readings this date related to amendments to four chapters of the Municipal Code listed as Committee of the Whole Item No. 4 and Clauses 1 & 13 of the Community and Infrastructure Services Committee report, and two extension requests for existing Part Lot Control By -laws. Moved by Councillor P. Singh 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 No. 2007 -138, being a by -law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) Being a by -law to provide for the establishing and laying out of part of Maitland Street and Rochefort Street as public highway in the City of Kitchener. (c) Being a by -law to provide for the establishing and laying out of part of Otto Street, as a public highway in the City of Kitchener. COUNCIL MINUTES JUNE 24, 2013 -160- CITY OF KITCHENER (d) To confirm all actions and proceedings of the Council. (e) Being a by -law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals — Regulation. (f) Being a by -law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (g) Being a by -law to repeal and replace Chapter 620 of the City of Kitchener Municipal Code with respect to Demolition Control. (h) Being a by -law to amend Chapter 680 of the City of Kitchener Municipal Code with respect to Signs. (i) Being a by -law to amend By -law 2011 -101 to extend the time period for exemption from Part Lot Control — Blocks 1 to 9 inclusive, Registered Plan 58M -488 — Thomas Slee Drive, Netherwood Crescent and Mistywood Street. Q) Being a by -law to amend By -law 2011 -102 to extend the time period for exemption from Part Lot Control — Blocks 1 to 9 inclusive and Blocks 11 to 14 inclusive, Registered Plan 58M -487, Part Block 12, Registered Plan 58M -359 — Steepleridge Street, Steepleridge Court, Cranbrook Street, Martinwood Street and Thomas Slee Drive. 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 K. Gal loway - Sealock as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor S. Davey "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 P. Singh Seconded by Councillor S. Davey "That the by -laws listed on the agenda for third reading, namely: (a) To further amend By -law No. 2007 -138, being a by -law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By -law No. 2013 -087) (b) Being a by -law to provide for the establishing and laying out of part of Maitland Street and Rochefort Street as public highway in the City of Kitchener. (By -law No. 2013 -088) (c) Being a by -law to provide for the establishing and laying out of part of Otto Street, as a public highway in the City of Kitchener. (By -law No. 2013 -089) COUNCIL MINUTES JUNE 24, 2013 -161- CITY OF KITCHENER (d) To confirm all actions and proceedings of the Council. (By -law No. 2013 -090) (e) Being a by -law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals — Regulation. (By -law No. 2013 -091) (f) Being a by -law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (By -law No. 2013 -092) (g) Being a by -law to repeal and replace Chapter 620 of the City of Kitchener Municipal Code with respect to Demolition Control. (By -law No. 2013 -093) (h) Being a by -law to amend Chapter 680 of the City of Kitchener Municipal Code with respect to Signs. (By -law No. 2013 -094) (i) Being a by -law to amend By -law 2011 -101 to extend the time period for exemption from Part Lot Control — Blocks 1 to 9 inclusive, Registered Plan 58M -488 — Thomas Slee Drive, Netherwood Crescent and Mistywood Street. (By -law No. 2013 -095) Q) Being a by -law to amend By -law 2011 -102 to extend the time period for exemption from Part Lot Control — Blocks 1 to 9 inclusive and Blocks 11 to 14 inclusive, Registered Plan 58M -487, Part Block 12, Registered Plan 58M -359 — Steepleridge Street, Steepleridge Court, Cranbrook Street, Martinwood Street and Thomas Slee Drive. (By -law No. 2013 -096) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:42 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 24, 2013 -162- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (Meeting of June 10, 2013) 1. That By -law 79 -157, known also as Chapter 620 of the Municipal Code, pertaining to the City's Demolition Control Area, be repealed and that the Demolition Control and Delegated Authority By -law proposed by staff be approved in the form shown in the "Proposed By -law" dated June 17, 2013 attached to Community Services Department report CSD -13 -074 as Appendix "A "; and further, That Council Policies 1 -1005, 1 -1010, 1 -1015, and 1 -1020 pertaining to Demolition Control be repealed and that the Demolition Control Policy proposed by staff be approved in the form shown in the "Proposed Council Policy" dated June 24, 2013, attached to Report CSD -13 -074 as Appendix "B ". (Carried Unanimously, as Amended, on a recorded vote) COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (Meeting of June 17, 2013) 1. That Demolition Control Application DC13 /03 /0/JM requesting permission to demolish one (1) vacant single detached dwelling located at 2056 Ottawa Street South, owned by the Regional Municipality of Waterloo, be approved. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Way Cool Tattoos for a 10th anniversary celebration at 650 King Street East, on Saturday, August 10, 2013, between the hours of 12:00 PM and 5:00 PM. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Waterloo Seventh Day Adventist Church, for a Community Building Day to be held on June 30, 2013, between the hours of 6:00 PM and 11:30 PM. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to RBJ Schlegel Holdings for the Williamsburg Community Festival on September 8, 2013, from 9:00 AM to 4:00 PM. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to KW Christian Fellowship at 1000 Bleams Road, for an outdoor festival to be held on August 9, 2013, between the hours of 6:00 PM and 10:00 PM. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Highland Stirling Community Group for their weekly Neighbourhood Market events at the Mill Courtland Community Centre, for each Wednesday, from June 19, 2013, to September 4, 2013, between the hours of 10:00 AM and 2:00 PM. 7. That the Uniform Traffic By -law be amended to prohibit on- street parking from January 1st to March 31st annually along the inside portion (odd numbered houses) of Peach Blossom Crescent from David Bergey Drive to Peach Blossom Court. 8. That parking be prohibited at anytime on the north side (even number side) of Margaret Avenue from Louisa Street to Adam Street; and, That parking be prohibited at anytime on the south side (odd number side) of Margaret Avenue from Guelph Street to a point 27 metres east thereof; and, That parking be prohibited at anytime on the south side (odd number) side of Margaret Avenue from Blucher Street to a point 36 metres west thereof; and further, That the Uniform Traffic Bylaw be amended accordingly. COUNCIL MINUTES JUNE 24, 2013 -163- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (Meeting of June 17, 2013) (Cont'd) That parking be prohibited at anytime on the north side of Otto Street from Frederick Street to a point 80 metres west thereof; and, That parking be permitted for a maximum of 15 consecutive minutes on the north side of Otto Street from a point 80 metres west of Frederick Street to a point 59 metres east thereof; and, That parking be prohibited at anytime on the north side of Otto Street from a point 139 metres west of Frederick Street to a point 46 metres east thereof; and, That parking be permitted for a maximum of 15 consecutive minutes on the north side of Otto Street from a point 185 metres west of Frederick Street to a point 20 metres east thereof; and, That parking be prohibited at anytime on the north side of Otto Street from a point 205 metres west of Frederick Street to Queen Street North; and further, That the Uniform Traffic Bylaw be amended accordingly 10. That bicycle lanes be installed on Glasgow Street between Westmount Road and Knell Drive, as outlined in Infrastructure Services Department report INS -13 -055; and, That the Uniform Traffic Control By -law be amended accordingly; and further, That staff be directed to continue to dialogue with area residents and investigate possible locations where lay -by parking spaces might be installed on Glasgow Street. 11. That consideration of the recommendation contained in Infrastructure Services Department report INS -13 -059 with respect to the financing of a sanitary sewer on Maple Hill Drive, be deferred to the August 12, 2013 Community & Infrastructure Services Committee meeting to allow time for the applicant to consult with City staff, the Ward Councillor, area residents as well as any other relevant regulatory body for this project; and further, That Members of Council be requested to submit all questions they may have regarding the proposed Maple Hill Drive sanitary sewer to staff prior to June 30, 2013, with the responses to those questions to form part of a staff report that will be brought forward for consideration at the August 12, 2013 Committee meeting. 12. That the Transportation Master Plan prepared by IBI Group, dated May 2013, be approved save and except to the phrase `and perhaps form a new Country Side Line depending on its location' contained in the last sentence of the paragraph starting with `Southwest Kitchener Urban Area Study on page 44 of the Transportation Master Plan, be deleted; and further, That the Transportation Master Plan be updated through a review every five (5) years during the twenty (20) year life span of the plan, to be conducted in association with the mandatory five (5) year Official Plan review. (Carried Unanimously, on a recorded vote) 13. That the proposed by -law, dated June 12, 2013 attached to Community Services Department report CSD -13 -073 as Appendix A', to amend the height and width regulations for election signs in Chapter 680 of the Municipal Code (Sign By -law), be adopted. 14. That signage be installed on all of the City's multi -use pathways and trails where there are currently road crossing gate control measures to warn users that they are approaching a road crossing; and, That subject to the road crossing warning signs being in place, all trail gate access control measures shall be opened along the City's multi -use pathways and trails; and, COUNCIL MINUTES JUNE 24, 2013 -164- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (Meeting of June 17, 2013) (Cont'd) 14. (Cont'd) That Operations and Transportation Services staff be directed to complete an update of standards for multi -use pathway midblock crossings of roads prior to December 31, 2013; and, That Operations and Transportation Services staff be directed to prepare an implementation plan to phase in the new standards over 10 or more years starting in 2014 for the primary multi -use pathways as noted in the Cycling Master Plan, the Multi -Use Pathways & Trails Master Plan and to work with the Cycling Advisory Committee to assist in identifying priorities for upgraded crossings; and further, That funding for the incremental upgrading of multi -use pathway — roadway crossings be identified in the Operations Division 10 Year Capital Forecast for Council's consideration. (Dealt with under Delegations and Carried Unanimously, as Amended, on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That GTA Midways Inc. be granted permission to operate a Midway in Victoria Park, during Ribfest from July 19 -21, 2013 subject to the following: Hours of Operation Date Start Close Friday, July 19 5:00 p.m. 10:00 P.M. Saturday, July 20 Noon 10:00 P.M. Sunday, July 21 Noon 6:00 p.m. That the music at the Midway be turned down at 8:00 p.m.; and That the music be turned off one hour before closing time; and further, That the required licence be obtained prior to operating the Midway. and, 2. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener - Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 11 to October 19, 2013 at Bingeman's Marshall Hall, 425 Bingemans Centre Drive, Kitchener. 3. That Condition #4 of the agreement between Caesaria Inc. located at 320 King Street West and the City of Kitchener be amended to read to stop serving alcohol by 2:00 a.m. daily. 4. That Finance and Corporate Services Department report FCS -13 -061 (Performance Indicators Update), dated April 30, 2013 be accepted and that staff be directed to include a summary dashboard as part of the ongoing monthly performance indicators report. 5. That Finance and Corporate Services Department report FCS -13 -062 (2013 April Variance Report), dated June 10, 2013 be received. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That the Environmental Committee Work Plan (2013/2014), as attached to Finance and Corporate Services Department report FCS -13 -094, be approved. COUNCIL MINUTES JUNE 24, 2013 -165- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (Cont'd) That staff be directed to proceed with the following initiatives as alternatives to a residential licensing program: • Investigate the feasibility and implications of developments with potential for increased density within Lower Doon to help alleviate the stress and demand placed upon areas of single detached residential type dwellings; • Develop a formal relationship between City staff and the landlord association in the Lower Doon and Doon Pioneer Park area as well as seeking collaboration with the real estate industry; • Continue to strengthen the relationship between City staff and Waterloo Regional Police in order to coordinate prevention and enforcement initiatives in the subject area; and, • Investigate ways to increase the effectiveness of enforcing existing zoning and lodging house regulations relating to identified properties of concern; and further, That the following alternative initiatives to a residential licensing program be referred to the 2014 budget process for consideration as strategic additions to the operating budget: • Increase specific and targeted enforcement initiatives, including potential zoning and lodging house enforcement, in the area of Lower Doon and Doon Pioneer Park; • Investigate the potential impact of long term changes to existing planning policies and zoning regulations in the subject areas; • Continue the Fire Department's voluntary compliance program in the Lower Doon and Doon Pioneer Park areas and investigate ways to encourage or mandate increased compliance rates among the area's rental properties; and, • To investigate methods to promote and / or mandate compliance through the use of a Direct Detect Fire Warning system, or another monitoring system, as well as sprinkler systems. (Carried Unanimously, as Amended, on a recorded vote) HERITAGE KITCHENER — That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2013 -V -012 be approved to permit the construction of a new building to provide public washroom facilities within Victoria Park, in accordance with the supporting information submitted with the application; and, That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. (Dealt with under Delegations and Carried Unanimously) That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2013 -IV -008 be approved to permit the installation of a solar panel array on the south - facing roof of the building municipally addressed 318 Duke Street West, in accordance with the supporting information submitted with the application; and, That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2013 -IV -009 be approved to permit the rehabilitation of the barn foundation and improvements to the landscape at the property legally described as Part of Lot 11 Beasley's Broken Front Concession and Part 2 of Reference Plan 58R -16275 in accordance with the plans and supporting information submitted with the application. COUNCIL MINUTES JUNE 24, 2013 -166- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER — (Cont'd) That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2013 -IV -010 be approved to permit replacement of the garage door; the creation of a new window opening; the installation of a window on the west elevation of the garage; the installation of a roof vent on the north slope of the garage roof; and, the replacement of two basement windows on the property municipally addressed 35 Gordon Avenue, in accordance with the supporting information submitted with the application. That pursuant to Section 27 of the Ontario Heritage Act, 91 Scott Street be listed on the Municipal Heritage Register as a non - designated property of cultural heritage value or interest, in accordance with the Statement of Significance, attached as Appendix 'A' to Community Services Department report CSD -13 -063. COUNCIL MINUTES JUNE 24, 2013 -167- 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 -112 — Amendments to Robotic Camera Systems Installation Agreement Council considered Finance and Corporate Services Department report FCS -13 -112 (C. Goodeve), dated June 17, 2013 It was resolved: "That the Mayor and Clerk be authorized to execute amendments to the Robotic Camera Systems Installation agreement with the entity formerly known as Rogers Television, a division of Rogers Cable Communications Inc., and now known as Rogers TV to accommodate the provision of a third party webcasting management system." 3. FCS -13 -113 — Encroachment Agreement — Underground Fibre Optic Cable Council considered Finance and Corporate Services Department report FCS -13 -113 (S. Ross), dated June 19, 2013. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with Rogers Communications Inc. for proposed underground fibre optic cable under the walking trail between Manitou Dr. and Wabanaki Dr. at a depth of approximately .9m to 2m for a length of approximately 780m, on City parkland (PIN 22594 - 0018)." 4. FCS -13 -114 — Amendments to Municipal Code c.408 and c.530 Council considered Finance and Corporate Services Department report FCS -13 -114 (J. Sheryer), dated June 19, 2013. It was resolved: "That a by -law be enacted to implement minor amendments to City of Kitchener Municipal Code Chapter 408 (Animals - Regulation); and, That a by -law be enacted to implement minor amendments to City of Kitchener Municipal Code Chapter 530 (Dogs); and further, That the by -law be given first and second readings." COUNCIL MINUTES JUNE 24, 2013 -168- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 5. FCS -13 -115 — Authorization to Execute Amendments to Agreement of Purchase and Sale & Development Agreement — Centre Block Council considered Finance and Corporate Services Department report FCS -13 -115 (L. MacDonald), dated June 19, 2013. Councillor B. loannidis declared a pecuniary interest on this matter as he owns property in the subject area and did not participate in any discussion and voting on this matter. It was resolved: "That the Mayor and Clerk be authorized to execute amendments to the Agreement of Purchase and Sale and to the Development Agreement with Andrin Investments Limited to permit the conveyance of the Phase 2 lands simultaneously with the Phase 1 lands on or before August 30, 2013, with the City retaining ownership through a strata reference plan of a portion of the lands for the purpose of parking; the inclusion of a requirement that Andrin register on title immediately after the Bank financing, a restrictive covenant restricting Andrin's ability to sell the Phase 2 lands to a third party; the registration on title of a long term lease or similar such arrangement providing the City with the retention of approximately 75 surface parking spaces on the Phase 2 lands until the commencement of the development of Phase 2 lands; the enhancement of the King Street streetscaping around the Presentation Centre by Andrin; and any other incidental changes which, as a result of change in circumstances contemplated herein, require adjustments; said amendments to be satisfactory to the City Solicitor." 6. FCS -13 -111 — Committee of Adjustment Sign Variance — 81 York Street Council considered Finance and Corporate Services Department report FCS -13 -111 (J. Billett), dated June 18, 2013. It was resolved: "That the application of the 6965083 Canda Inc. (Submission No. SG 2013 -001) requesting permission to construct a ground supported sign to be located Om from the lot line abutting York Street rather than setback the required 3m (9.85') and to permit 3 signs (one fascia and 2 ground supported) accessory to a multiple residential use rather than the maximum permitted 2 signs on the same street, on Part Lot 284, Plan 385, Part Lots 14 and 15, Plan 408, Part Lot 15, German Company Tract, Streets and Lanes Closed, 81 York Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That a sign permit shall be obtained from the City's Planning Division for the proposed ground supported signs. That an encroachment agreement shall be obtained from the City's Legal Services." 7. FCS -13 -105 — Encroachment Agreement — 28 Waterloo Street Council was circulated this date with Finance and Corporate Services Department report FCS -13 -105 (J. Sheryer), dated June 11, 2013, concerning an encroachment agreement for 28 Waterloo Street. It was resolved: "That the Mayor and Clerk be authorized to execute a new Encroachment Agreement, satisfactory to the City Solicitor, with the property owners of the property municipally known as 28 Waterloo St. (PIN 22319 -0124 LT) with respect to various encroachments on the City's Breithaupt St. and Waterloo St. road allowances." COUNCIL MINUTES JUNE 24, 2013 -169- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 8. FCS -13 -116 — Authorization to Execute Documents — Former Cedar Hill Water Tower Site Council was circulated this date with Finance and Corporate Services Department report FCS -13 -105 (L. MacDonald), dated June 19, 2013, concerning authorization to execute documentation with the Region of Waterloo to accept lands at the former Cedar Hill Water Tower site. Councillor P. Singh declared a pecuniary interest on this matter as his parents own property in close proximity to the water tower and did not participate in any discussion and voting on this matter. It was resolved: "That the Mayor and Clerk be authorized to execute documentation with the Regional Municipality of Waterloo to accept and take title to the lands described as Part Lot 48, Plan 393, as in A13921 and A45860, all of PIN 22503 -0053 (LT) ( former Cedar Hill Water Tower site) for $1.00 plus 50% of the cost of an environmental site assessment and preparation and filing of a Record of Site Condition, to be used for purposes of a community garden, the acceptance of which is subject to the MOE's acknowledgement of a Record of Site Condition; said documentation to be to the satisfaction of the City Solicitor."