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HomeMy WebLinkAboutCouncil - 2013-08-26COUNCIL MINUTES AUGUST 26, 2013 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor K. Galloway- Sealock. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by Favia Gonzalez, King School of Vocal. 2. MINUTES — On motion by Councillor S. Davey, the minutes of the regular meeting held June 24, 2013 and special meetings held June 24 & August 12, 2013, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - 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. Councillor B. loannidis declared pecuniary interests with respect to Clauses 1 and 2 of the Finance and Corporate Services Committee report as well as an additional item being added to the Committee of the Whole agenda concerning the Centre Block because as he owns property within the vicinity of the subject lands. Councillor P. Singh declared pecuniary interests with respect to Clause 2 of the Finance and Corporate Services Committee report, the environmental remediation of Bramm Street as well as items #8 and #26 of the Uncollectible Utility Accounts Write -off listed as Items B.2 and B.10 respectively on the Committee of the Whole agenda as he and /or members of his family own property within the vicinity of the subject properties. Councillor Y. Fernandes declared a pecuniary interest with respect to Item 8.b concerning the Notice of Motion put forward by Councillor D. Glenn- Graham regarding sod replacement, as her son owns property in the subject area. 4. PRESENTATIONS — Mr. Mike Morrice, Executive Director, Sustainable Waterloo Region, gave a presentation highlighting the activities of his organization over the past year. He advised that Sustainable Waterloo is a not - for- profit organization whose mandate is to advance the environmental sustainability of organizations across Waterloo Region by facilitating collaborative dialogue, measuring actions and celebrating impacts. He stated their current focus is on the Regional Carbon Initiative (RCI) which facilitates voluntary target- setting and reductions of carbon emissions by organizations across Waterloo Region. He noted that work is currently underway to expand the RCI model into other municipalities across the Province. 5. DELEGATIONS — Mr. and Mrs. Cory Piron attended in support of their requested Fence Variance, as outlined in Item iii. of Finance and Corporate Services Department report FCS -13 -122, which is listed as Item B.4.iii on the Committee of the Whole agenda. Ms. Alandra Leuschner was in attendance in support of her requested Fence Variance, as outlined in Item iv. of Finance and Corporate Services Department report FCS -13 -122, which is listed as Item B.4.iv on the Committee of the Whole agenda. Ms. Ina Bandanovich was in attendance in support of her requested Fence Variance, as outlined in Item v. of Finance and Corporate Services Department report FCS -13 -122, which is listed as Item B.4.v on the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the application of Cory and Natalie Piron (FN 2013 -002 — 58 Pioneer Tower Road) requesting permission to construct a 1.8m (5.91') high wooden privacy fence having a setback COUNCIL MINUTES AUGUST 26, 2013 -178- CITY OF KITCHENER from an exterior side lot line of 0.6m (1.97') rather than the required 1.5m (4.93'), on Lot 7, Registered Plan 58M -519, 58 Pioneer Tower Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and obtain approval of a landscape plan from the City's Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the exterior side lot line abutting Pioneer Grove Court. All landscaping shall be completed by September 30, 2013 and shall be maintained in accordance with the approved landscape plan." -and - "That the application of Werner and Alandra Leuschner (FN 2013 -003 — 645 Hidden Valley Road) requesting permission to construct a metal and brick privacy fence with gates located 0.91m (2.99') from the front lot line having varying heights ranging from 1.83 m (6.01') to 3.05m (10.01') rather than the permitted maximum height of 0.91m (2.99'); and to allow a fence having a height of 3.05m (10.01') within a driveway visibility triangle rather than the permitted maximum height of 0.91 m (2.99'), on Lot 8, Plan 1523, being Parts 1 & 2 on Reference Plan 58R -3560 and Part 1 on Reference Plan 58R -3752, 645 Hidden Valley Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall install the fence in accordance with the Tree Preservation / Enhancement Plan (2010) approved for the property, to the satisfaction of the Director of Planning. 2. That the owner shall revise the site plan submitted with Fence Variance application, Submission No. FN 2013 -003, to clearly identify the height of the fence and pillars proposed along the perimeter of the property and the owner agrees to construct the fence in accordance with the revised plan to the satisfaction of the City's Director of Planning." -and - "That the application of Pavel and Ina Bandanovich (FN 2013 -004 — 34 Martinwood Street) requesting permission to construct a 1.82m (6') high wooden privacy fence to be located 0.6m (2') from the side lot line abutting Steepleridge Street rather than the required 1.5m (4.93'), on Part Block 9, Registered Plan 58M -487, being Part 55 on Reference Plan 58R- 17144, 34 Martinwood Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and obtain approval of a landscape plan from the City's Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the exterior side lot line abutting Steepleridge Street. All landscaping shall be completed by October 31, 2013, and shall be maintained in accordance with the approved landscape plan." Carried. 5.a -Victoria Park Maintenance Facility Mr. John Dinner, area resident, addressed Council to express concern with the increased number of City vehicles that are utilizing the Victoria Park Maintenance Facility. He circulated to Council a copy of a petition signed by approximately 100 residents of the Victoria Park neighbourhood, requesting that the City relocate the maintenance vehicles to the central location on Goodrich Drive or another depot outside of residential areas. Ms. Dominique Whelan, area resident, appeared on behalf of Paul Strangways in opposition to the number of City vehicles traveling through Victoria Park including street sweepers, large lawnmowers and other identified City vehicles and requested that Council consider relocating those vehicles outside of the Victoria Park neighbourhood. She stated she conducted an informal survey from her front porch and concluded that approximately 100 City vehicles travel through Victoria Park each day. Ms. Leslie Claire, area resident, expressed concern regarding the number of City vehicles in proximity to residences, noting the detrimental impact of the noise and vibration caused by these vehicles. COUNCIL MINUTES AUGUST 26, 2013 -179- CITY OF KITCHENER Ms. Kim Ruxton, area resident, attended in opposition to the increased number of City vehicles that are being stored at the Victoria Park Maintenance Facility. She expressed concern with respect to safety, noting that some City vehicles are now being diverted along the Iron Horse Trail. She requested that all unnecessary vehicles be relocated away from the Victoria Park neighbourhood. Ms. Anna Maste, Victoria Park Neighbourhood Association, spoke to the number of Victoria Park residents who have concerns with the increased number of City vehicles traveling through the Park. She requested that consideration be given to housing these vehicles in another location. In response to questions, Mr. H. Gross, Director of Asset Management, advised that currently there are 14 vehicles stored at the Victoria Park Maintenance Facility, 11 of which have been at that location for approximately six years. He noted that the only new additions are three trackless mowers, adding that vehicles are staged in the Victoria Park facility to service the park and adjacent neighbourhoods; rather, than travel from the new centralized Kitchener Operations Centre (KOF) on Goodrich Drive. He acknowledged that the KOF was developed to consolidate vehicles, staff and equipment from a number of facilities. Notwithstanding this consolidation, smaller locations, such as the one in Victoria Park, remained open to services those areas. A motion was brought forward by Councillor F. Etherington, seconded by Councillor P. Singh, to direct staff to meet with area residents and report back to the September 30, 2013 Community and Infrastructure Services Committee meeting with possible options to resolve the issue of the increase in City vehicles utilizing the Victoria Park Maintenance Facility. Councillor S. Davey requested that staff also report back with information on the number of City vehicles travelling through Victoria Park as well as the number of vehicles being housed at the Victoria Park Maintenance Facility both before and after the KOF was developed. In addition, he asked that the report outline the cost and service level implications of all proposed solutions. Finally, he requested that an estimate be provided showing the cost differential of the City's maintenance vehicles using the Iron Horse Trail compared to using an alternative route. Councillors Y. Fernandes and Z. Janecki requested that information be provided outlining the rationale as to why the City continues to utilize satellite locations, such as the maintenance facility in Victoria Park; particularly, locations that are within close proximity to the KOF. Moved by Councillor F. Etherington Seconded by Councillor P. Singh "That staff be directed to meet with area residents and report back to the September 30, 2013 Community and Infrastructure Services Committee with possible options to resolve the issue of an increase in City vehicles utilizing the Victoria Park Maintenance Facility. Carried Unanimously by all members present. 5.c - Bill 73 (Fair and Open Tendering Act) Mr. Michael Harris, MPP, Kitchener - Conestoga, addressed Council in support of the Notice of Motion given by Councillor Y. Fernandes concerning Bill 73 (Fair and Open Tendering Act), listed as Item 8 a) under New Business on the agenda this date. He circulated to Council a copy of correspondence he received from the Association of Municipalities Ontario (AMO) which endorses his private members bill. He indicated that the purpose of Bill 73 was to clarify the Labour Relations Act so that municipalities and school boards are no longer deemed to be construction employers; and thereby, not subject to provincially negotiated collective bargaining agreements. He stated that as municipalities are not engaged in the construction business for profit, they should not be considered a construction employer under the Act. He noted this would create a more competitive tendering process whereby all qualified contractors would be given an opportunity to bid on publicly funded infrastructure projects. Mr. Joe Plunkett, Brick Layers Local #12, addressed Council in opposition to Bill 73, advising that members of his union contribute and participate in this community. He commented that members of his union pay taxes in the City of Kitchener and expressed concern with out -of -town trades persons undertaking work on City projects. COUNCIL MINUTES AUGUST 26, 2013 -180- CITY OF KITCHENER Mr. William Myers appeared in opposition to Bill 73 and cautioned Council that this issue is more complicated than it appears. He commented that currently the majority of large construction projects in the City of Kitchener are being undertaken by companies from outside of the Region of Waterloo. He added that one aspect of the collective agreement is a requirement to have a 50% mix of local workers. He stated that while he appreciates what Bill 73 is trying to accomplish, in his opinion it is anti - labour; specifically anti -local labour. Councillor Y. Fernandes gave notice that she would introduce a motion this date, as outlined under Item 8.a) New Business on the agenda to express the City's support for Bill 73 (The Fair and Open Tendering Act) and requests the Legislative Assembly of Ontario to amend the Labour Relations Act, 1995, to clarify that municipalities are not construction employers. At the request of Mayor C. Zehr, Councillor Fernandes agreed to amend the fourth Clause of her motion by including a reference to AMO as well as amending the syntax of the motion's seventh Clause. A motion was brought forward by Councillor F. Etherington, seconded by Councillor P. Singh, to defer consideration of Councillor Fernandes' motion to the September 16, 2013 Council meeting to allow time for local labour representatives and the Labour Council to comment on this issue. Councillor Etherington's deferral motion was then voted on and was LOST. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn- Graham "WHEREAS municipalities are not commercial enterprises and have a different purpose and mandate from businesses in the construction industry; and, WHEREAS the Ontario Labour Relations Board treats municipalities as businesses and employers for the purpose of the construction - industry provisions contained within the Labour Relations Act, 1995; and, WHEREAS an amendment to the Labour Relations Act, 1995 is needed to clarify that municipalities are not employers in the construction industry; and, WHEREAS the Large Urban Mayor's Caucus of Ontario and the Association of Municipalities Ontario (AMO) have previously requested such an amendment to the Labour Relations Act, 1995 to protect fair and open tendering for municipal infrastructure projects; and, WHEREAS such an amendment would ensure the best value for infrastructure projects funded by all three levels of government; and, WHEREAS such an amendment would ensure fairness for all workers, regardless of their affiliation with a particular union, by guaranteeing the right to work on publicly funded infrastructure projects; and, WHEREAS such an amendment could save taxpayers by ensuring that all qualified contractors are afforded an opportunity to bid on contracts for publicly funded infrastructure projects tendered by Ontario municipalities; THEREFORE BE IT RESOLVED that the City of Kitchener support Bill 73 the Fair and Open Tendering Act and requests the Legislative Assembly of Ontario to amend the Labour Relations Act, 1995 to clarify that municipalities are not construction employers." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors D. Glenn - Graham, B. loannidis, Z. Janecki, Y. Fernandes, S. Davey, B. Vrbanovic, J. Gazzola and P. Singh. Contra: Councillor F. Etherington. Absent: Councillor K. Galloway- Sealock. COUNCIL MINUTES AUGUST 26, 2013 - 181 - CITY OF KITCHENER Carried, as Amended. 5.b - Traffic Calming Measures for Highview Drive Mr. Tom Grasser addressed Council in opposition to the proposed traffic calming measures for Highview Drive, listed as Clause 8 on the Community and Infrastructure Services Committee report. He expressed concerns that the proposed speed humps would be an impediment to emergency service vehicles and would negatively impact their response time. He acknowledged that while the response from area residents with respect to the proposed traffic calming measures was positive, more than likely those people did not consider the associated degradation to emergency services response time. He requested that Council reject the proposed measures. On motion by Councillor B. loannidis, seconded by Councillor B. Vrbanovic, Clause 8 of the Community and Infrastructure Services Committee report was brought forward for consideration. At the request of Councillor Vrbanovic, it was agreed to amend Clause 8 to include an additional paragraph directing staff to investigate alternative designs for speed humps that would reduce the impediment for emergency services vehicle response time. Moved by Councillor B. loannidis Seconded by Councillor B. Vrbanovic "That Clause 8 of the Community and Infrastructure Services Committee, be approved, as amended." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors D. Glenn - Graham, B. loannidis, S. Davey, B. Vrbanovic, J. Gazzola F. Etherington and P. Singh. Contra: Councillors Z. Janecki and Y. Fernandes. Absent: Councillor K. Galloway- Sealock. Carried. Clause 7 of the Community and Infrastructure Services Committee Mr. Dan Graham addressed Council in opposition to the installation of various traffic calming measures on Morrison Road, as outlined in Clause 7 of the Community and Infrastructure Services Committee. He indicated that he represented approximately 100 area residents and identified their concerns as being in relation to: safety; cost; and, accessibility to Chicopee Ski Hill. Councillor B. Vrbanovic advised that while Mr. Roger Lubhaya was registered to address Council on this matter, unfortunately he had to leave the meeting. Councillor Vrbanovic noted that Mr. Lubhaya had wanted to re- affirm his support for the traffic calming measures proposed for the area of Morrison Road near the Grand River Hospital — Freeport site. Mr. Neil Dietrich addressed Council in support of the proposed traffic calming measures for Morrison Road. He advised that he lives on Morrison Road, noting that speeding is an issue as people use it as a cut through from Fairway Road to King Street East. He noted that even with the traffic calming measures, emergency service vehicles could still utilize Grand River Boulevard, which should only increase their response time by approximately 14 seconds. On motion by Councillor B. loannidis, seconded by Councillor B. Vrbanovic, Clause 7 of the Community and Infrastructure Services Committee report was brought forward for consideration, with an additional paragraph directing staff to investigate alternative designs for speed humps that would reduce the impediment for emergency services vehicle response time. AUGUST 26, 2013 COUNCIL MINUTES -182- Moved by Councillor B. loannidis Seconded by Councillor B. Vrbanovic CITY OF KITCHENER "That Clause 7 of the Community and Infrastructure Services Committee, be approved, as amended." A recorded vote was requested. In Favour: Mayor C. loannidis, S. Davey, B. Etherington and P. Singh. Zehr and Councillors B. Vrbanovic, J. Gazzola F. Contra: Councillors D. Glenn- Graham, Z. Janecki and Y. Fernandes. Absent: Councillor K. Galloway- Sealock. 5.d - Tenders Carried. Mr. Larry Gordon, Director of Supply Service, was in attendance to answer any questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. It was noted that Tender T13 -005 — Annual Fire Life System Inspection, Maintenance and Repair, listed as Item B.1.i. on the Committee of the Whole agenda was withdrawn. Councillor P. Singh declared a pecuniary interest with respect to Item B.1.ii. Quotation Q13 -037 - Laneway Rehabilitation Program on the Committee of the Whole agenda, as he and / or members of his family own property within the vicinity of the subject properties; accordingly, he did not take part in any discussion or voting regarding that matter. Moved by Councillor B. loannidis Seconded by Councillor J. Gazzola "That Quotation Q13 -037 — Laneway Rehabilitation Program, be awarded to 410754 Ontario Limited O/A Sousa Concrete, Branchton, Ontario, at their tendered price of $163,903.30, plus H.S.T. of $21,307.43, for a total of $185,210.73." Carried. Clause 1 of the Finance and Corporate Services Committee Report Ms. Shannon Weber, Downtown Kitchener Business Improvement Area (BIA), was in attendance with respect to the proposed by -law to expand the Downtown Kitchener BIA's boundaries, as outlined in Clause 1 of the Finance and Corporate Services Committee report. As previously noted, Councillors B. loannidis had declared a pecuniary interest with respect to Clause 1 of the Committee report; and accordingly, abstained from any discussion and voting regarding that matter. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That Clause 1 of the Finance and Corporate Services Committee report, be approved." Carried. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. loannidis Seconded by Councillor B. Vrbanovic "That the balance of the Community and Infrastructure Services Committee, be approved." AUGUST 26, 2013 COUNCIL MINUTES -183- CITY OF KITCHENER Councillor Y. Fernandes advised that at the August 12, 2013 Committee meeting she had requested that additional information be provided with respect to Clause 11 concerning the installation of a pedestrian walkway between Northbrook Place and Huron Road. She stated that, at that time, staff had indicated that they would need to investigate whether the portion of land between Northbrook Place and Huron Road was owned by the City; and would thereby be eligible to be used as a pedestrian walkway. She commented that she has yet to receive the requested information. Council agreed that it would still consider Clause 12 of the Committee report at this time and that staff would provide the requested information prior to the September 16, 2013 Council meeting. The balance of the Community and Infrastructure Services Committee report was then voted on and was Carried. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor F. Etherington "That the balance of the Finance and Corporate Services Committee report, be approved." As previously noted, Councillors B. loannidis and P. Singh had declared pecuniary interests with respect to Clause 2 of the Committee report; and accordingly, refrained from any discussion and voting regarding that matter. In response to questions, Mr. J. Willmer, Chief Administrative Officer, acknowledged the comments made by Mr. C. Bluhm at the Committee meeting concerning the difficulty of engaging the public with regard to the Downtown Financial Incentives, as outlined in Clause 2 of the Committee report. He confirmed that staff is not looking to increase the City's investments in the Downtown, adding that consideration is being given to phasing out the subject incentives. He commented that, at this time, the question is where to direct the remaining incentives and determining the appropriate time to commence the phasing -out. At the request of Councillor S. Davey, it was agreed to amend Clause 2 of the Committee report to include direction to consider phasing out future Downtown Financial Incentives. The Community and Infrastructure Services Committee report was then voted on clause by clause. Clause 2 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, D. Glenn - Graham, Z. Janecki and Y. Fernandes. Contra: Councillor J. Gazzola. Absent: Councillor K. Galloway - Sealock. Clause 3 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, D. Glenn - Graham, Z. Janecki, Y. Fernandes, B. loannidis, and P. Singh. Contra: Councillor J. Gazzola. Absent: Councillor K. Galloway - Sealock. Pecuniary Interest & Abstentions: Clause 2 - Councillors P. Singh and B. loannidis as they or their families own property in the vicinity of the subject lands. COUNCIL MINUTES AUGUST 26, 2013 -184- CITY OF KITCHENER COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES COMMITTTEE Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. COMMITTEE REPORTS —AUDIT COMMITTEE Moved by Councillor S. Davey Seconded by Councillor B. Vrbanovic "That the report of the Audit Committee be adopted." Carried. UNFINISHED BUSINESS — NIL NEW BUSINESS — Councillor D. Glenn- Graham agreed to withdraw consideration of his motion as the objectives he was hoping to obtain through its passage were being effectively undertaken by City staff. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add an additional by -law for three readings this date to amend Chapter 70 of the City of Kitchener Municipal Code with respect to Board of Management Downtown Improvement Area, listed as Clause 1 of the Finance and Corporate Services Committee report. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By -law No. 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by -law to exempt certain lots from Part Lot Control — Part Blocks 1, 7 and 8 and Blocks 2 and 3, Registered Plan 58M -370 — Eden Oak Trail. e. Being a by -law to amend By -law 2011 -159 to extend the time period for exemption from Part Lot Control — Park of Blocks 12, 13, 15, 17, 18 and 19 and Blocks 11, 14, 16, 24, 25, 26 and 27, Registered Plan 58M -370 — Watervale Crescent. Being a by -law to exempt certain lots from Part Lot Control — Part of Block 29, Registered Plan 58M -392 — Upper Mercer Street. g. To confirm all actions and proceedings of the Council. h. Being a by -law to amend Chapter 70 of the City of Kitchener Municipal Code with respect to Board of Management Downtown Improvement Area. COUNCIL MINUTES AUGUST 26, 2013 -185- CITY OF KITCHENER and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COMMITTEE OF THE WHOLE - On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor S. Davey as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor S. Davey Seconded by Councillor B. loannidis "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. BY -LAWS (THIRD READING) - Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That the by -laws be given third reading, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. (By -law No. 2013 -100) 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 -101) C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. (By -law No. 2013 -102) d. Being a by -law to exempt certain lots from Part Lot Control — Part Blocks 1, 7 and 8 and Blocks 2 and 3, Registered Plan 58M -370 — Eden Oak Trail. (By -law No. 2013 -103) e. Being a by -law to amend By -law 2011 -159 to extend the time period for exemption from Part Lot Control — Park of Blocks 12, 13, 15, 17, 18 and 19 and Blocks 11, 14, 16, 24, 25, 26 and 27, Registered Plan 58M -370 — Watervale Crescent. (By -law No. 2013 -104) f. Being a by -law to exempt certain lots from Part Lot Control — Part of Block 29, Registered Plan 58M -392 — Upper Mercer Street. g. To confirm all actions and proceedings of the Council. (By -law No. 2013 -105) (By -law No. 2013 -106) COUNCIL MINUTES AUGUST 26, 2013 -186- CITY OF KITCHENER h. Being a by -law to amend Chapter 70 of the City of Kitchener Municipal Code with respect to Board of Management Downtown Improvement Area. (By -law No. 2013 -107) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:14 p.m. MAYOR CLERK COUNCIL MINUTES AUGUST 26, 2013 -187- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K -W Oktoberfest Inc. for a series of events being held at various clubs between October 11 and October 19, 2013, as outlined in the letter from K -W Oktoberfest Inc., dated May 9, 2013, attached to Community Services Department report CSD -13 -079. 2. That an exemption to Chapter 450 (Noise) be granted to the Community Services Department for the Cinema Under The Stars event to be held at McLennan Park on September 7, 2013, between the hours of 2:00 p.m. and 11:00 p.m., as outlined in Community Services Department report CSD -13 -080. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sherry Landry for a special event to be held at 423 Lawrence Avenue on either August 31 or September 1, 2013, from 3:00 p.m. to 11:00 p.m., as outlined in Community Services Department report CSD -13 -083. 4. That the Uniform Traffic By -law be amended to permit on- street parking on the north side of Theresa Street from Jubilee Drive to Victoria Street South for a maximum of two (2) consecutive hours 8:00 a.m. - 6:00 p.m., Monday to Friday, as outlined in Infrastructure Services Department report INS -13 -060. 5. 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 west 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 west 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 west 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. 6. That an Adult Crossing Guard assisted School Crossing be established on Huron Road at Featherstone Street/Cranshaw Street, as outlined in Infrastructure Services Department report INS -13 -066; and further, That the 2013 Operating Budget be amended to reflect an over - expenditure of $2,500. 7. That three (3) speed humps be installed on Morrison Road between Grand River Boulevard and Sims Estate Drive; and, That one (1) raised crosswalk be installed on Morrison Road at the trail crossing between Grand River Boulevard and Quinte Crescent; and, That one (1) raised crosswalk be installed on Morrison Road in the area of the Grand River Transit bus stop at the rear of Grand River Hospital, and, That sidewalk be installed along the frontage of 75, 79 and 83 Morrison Road to the existing sidewalk on Morrison Road in the rear of Grand River Hospital; and, That sidewalk be installed along the side lot of 80 Morrison Road to the proposed raised crosswalk near the Grand River Transit bus stop on Morrison Road; and further, COUNCIL MINUTES AUGUST 26, 2013 -188- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 7. (Cont'd) That staff be directed to investigate alternative designs for speed humps that would reduce the impediment for emergency vehicle response time. (Dealt with under Delegations, and Carried, as Amended, on a recorded vote) 8. That two (2) speed humps be installed on Highview Drive between Driftwood Drive and Ira Needles Boulevard; and, That two (2) speed humps be installed on Yellow Birch Drive between Driftwood Drive and Ira Needles Boulevard; and, That one (1) raised crosswalk be installed on Highview Drive at the hydro corridor between Bent Willow Drive and Sugar Maple Street; and, That one (1) raised crosswalk be installed on Yellow Birch Drive at the hydro corridor between Hoddle Crescent and Cedar Crest Street; and, That one (1) intersection narrowing be installed on Highview Drive at Hickory Hollow Crescent; and, That an all -way stop control be installed at the intersection of Highview Drive and Driftwood Drive; and, That parking be prohibited on the east side (odd numbered houses) of Highview Drive from Hickory Hollow Crescent to Hickory Hollow Crescent; and, That parking be prohibited on the west side (even numbered houses) of Yellow Birch Drive from Cedar Crest St to a point 115 meters north thereof; and, That parking be prohibited on the west side (even numbered houses) of Yellow Birch Drive from Hoddle Crescent (north intersection) to a point 115 meters south thereof; and, That parking be prohibited on the west side (even numbered houses) of Yellow Birch Drive from Golden Meadow Crescent to a point 35 meters north thereof; and, That a centerline be installed on Highview Drive through the curve located between Hickory Hollow Crescent and Hickory Hollow Crescent, as outlined in Infrastructure Services Department report INS -13 -063; and, That staff be directed to investigate alternative designs for speed humps that would reduce the impediment for emergency vehicle response time; and further, That the Uniform Traffic By -law be amended accordingly. (Dealt with under Delegations, and Carried, as Amended, on a recorded vote) 9. That a series of three (3) speed humps and one (1) raised crosswalk be installed on Sydney Street South, as outlined in Infrastructure Services Department report INS -13 -068. 10. That Schedule 1 - No Parking of the Uniform Traffic By -law, be amended to change the on- street parking regulations for specified sections of Lorraine Avenue, as outlined in Appendix `A' of Infrastructure Services Department report INS -12 -062; and, That on- street cycle lanes be installed on both sides of Lorraine Avenue from River Road to Lackner Boulevard; and, COUNCIL MINUTES AUGUST 26, 2013 -189- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 10. (Cont'd) That on- street parking areas be defined through on -road pavement markings; and further, That the Uniform Traffic By -law be amended accordingly. 11. That Transportation Services staff be directed to continue to provide on -site educational support at the start of each school year on the safe and proper use of roundabouts by pedestrians at the Huron Road / Strasburg Road roundabout, in conjunction with the Waterloo Region District School Board and Huron Heights Secondary School, as outlined in Infrastructure Services Department report INS -13 -065; and, That an off -road multi -use trail for both pedestrians and cyclists be implemented on the east side of Huron Road between Strasburg Road and Battler Road; and, That staff continue to monitor operations at the Huron Road / Strasburg Road roundabout; and further, That staff continue to work with the Region of Waterloo on Region -wide roundabout safety initiatives. 12. That the 2012 Stormwater Audit Results Report, prepared by Aquafor Beech and Engineering Services as attached to Infrastructure Services Department report INS -13 -034, be received and endorsed. 13. That staff be directed to report back to a future Community and Infrastructure Services Committee meeting, on the historical frequency and intensity of the summer storms that took place on July 19th and 27th, 2013, including the costs incurred by the City, and a determination on whether the existing winter storm budget should be consolidated into a general storm budget. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That the by -law, as attached to Finance and Corporate Services Department report FCS -13- 124, be enacted to amend City of Kitchener Municipal Code Chapter 70 (Board of Management Downtown Improvement Area) to expand the boundaries of the Downtown Kitchener Business Improvement Area (BIA). (Dealt with under Delegations and Carried) 2. That, subject to the direction provided by the Finance & Corporate Services Committee, staff present final recommendations on the Downtown Financial Incentive Review with consideration to phasing -out future incentives to a future Finance & Corporate Services Committee meeting in the fall of 2013, as outlined in Chief Administrator's Office report CAO- 13 -020. (Carried, as Amended, on a recorded vote) 3. WHEREAS the City of Kitchener has established Strategic Directions for Financial Management that, when setting direction for property tax increases, require the City consider: • comparison to other municipalities; • inflationary factors, including those unique to municipalities; • balance of service levels versus affordability; and, WHEREAS Kitchener has the lowest tax burden of cities in the Waterloo region and is well below the average of similar Ontario cities based on an independent study conducted annually by BMA Management Consultants Inc.; and, COUNCIL MINUTES AUGUST 26, 2013 _190- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 3. (Cont'd) WHEREAS inflation projections for 2013 range between 1.3% to 1.5 %; and, WHEREAS Kitchener citizens and City Council have indicated a preference towards inflationary tax rate increases that maintain services; THEREFORE IT BE RESOLVED that staff be directed to submit the 2014 tax - supported budget with a levy increase not exceeding 1.25 %; and, BE IT FINALLY RESOLVED that staff be directed to bring forward suggestions for an addition 0.25% reduction to the 2014 levy increase, which could be achieved through alternate revenue sources, such as the municipal sponsorship strategy, while having a minimal impact on service levels. (Carried, on a recorded vote) PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That Planning Division staff continue to implement the directions for residential intensification policies and regulations, as outlined in Community Services Department report CSD -13 -084. AUDIT COMMITTEE — 1. That the 2012 Audited Consolidated Financial Statements of the City of Kitchener be approved. COUNCIL MINUTES AUGUST 26, 2013 - 191 - 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 — 1. Various Tenders Dealt with under Delegations. 2. INS -13 -069 — Completion of Environmental Remediation — Bramm Street Operations Centre and 72 Victoria Street South Parking Lot Council considered Infrastructure Services Department report INS -13 -069 (H. Gross), dated August 16, 2013. Councillor P. Singh declared a pecuniary interest as he and /or members of his family own property within the vicinity of the subject properties. It was resolved: "That Council approve the Supplemental Remedial Activities Workplan of $352,000 (excluding HST) as the upset limit for the completion of the environmental remediation of residual hydrocarbon impacts (gasoline related contamination) in the soil and groundwater and completion of a Risk Assessment at the Bramm Street Operations Centre and the parking lot at 72 Victoria Street South; and further, That MTE Consultants be retained and authorized to complete the project." 3. Tag Day Request — Navy League of Canada, K -W Branch Council considered correspondence dated July 15, 2013 from J. Soehner, Fundraising Chair, Navy League of Canada, K -W Branch, requesting permission for the Royal Canadian Sea Cadet Corps WARSPITE to conduct Tag Days on October 19 -20, 2013. It was resolved: "That the request of the Navy League of Canada, K -W Branch on behalf of the Royal Canadian Sea Cadet Corps WARSPITE to conduct Tag Days on October 19 and 20, 2013 at various malls, grocery stores and restaurant entrances, as outlined in correspondence from J. Soehner, be approved." 4. FCS -13 -122 - Committee of Adjustment — Various Council considered Finance and Corporate Services Department report FCS -13 -122 (D. Saunderson), dated July 17, 2013. Items B.4 iii), iv) and v) regarding Fence Variance Submissions Nos. FN 2013 -002 (58 Pioneer Tower Road), FN 2013 -003 (645 Hidden Valley Road) and FN 2013 -004 (34 Martinwood Street), were dealt with under Delegations. It was resolved: "That the application of Gurjeet Singh (SG 2013 -002 — 103 Ahrens Street West) requesting permission to alter an existing ground supported sign to have a height of 4.7m (15.42') rather than the permitted 2m (6.57') and located 1 m (3.28') from the intersection of Victoria Street North and Ahrens Street West rather than the required 23m (75.46); and having automatic changing copy located 23m (75.46') from a residential zoned lot on the COUNCIL MINUTES AUGUST 26, 2013 -192- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 4. FCS -13 -122 - Committee of Adjustment — Various (Cont'd) same street rather than the minimum distance separation of 100m (328.08'), on Part Lot 9, Plan 401, 103 Ahrens Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City's Planning Division for the proposed ground supported signs. 2. That the address of the property shall be included on the sign in accordance with Section 630.11.15. 3. That the owner shall obtain a letter of approval for the sign from Kitchener - Wilmot Hydro. 4. That the owner as part of the Sign Permit application will submit and implement a plan for approval that ensures parking does not occur within 0.6 metre of the subject sign. 5. That conditions 1 to 4 shall be satisfied by October 1, 2013 or this decision shall be considered void." -and - "That the application of Tatiana and Calin Duca (SG 2013 -003 - 251 Highland Road West) requesting permission to construct a ground supported sign with automatic changing copy to be located 0.2m (0.65`) from the lot line abutting Highland Road West rather than the required 3m (9.84'); located Om from a residential zone rather than the required 100m (328.08'); located 0.2m from an intersection rather than the required 23m (75.46'); and to have 3 signs on the subject property (one ground supported and two fascia signs) in a residential zone whereas the Sign By -law only permits a maximum of 2 signs, on Part Lots 655 & 696, Plan 230, 251 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit from the City's Planning Division for the proposed ground supported signs." 5. FCS -13 -138 - 1011/1111 Homer Watson Blvd - Commercial Development Council considered Finance and Corporate Services Department report FCS -13 -138 (S. Ross), dated August 19, 2013. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement with 2242123 Ontario Inc., 1473450 Ontario Limited and 1869071 Ontario Limited regarding a proposed Commercial Development at 1011/1111 Homer Watson Blvd, substantively in the form presented to an in camera meeting of Caucus on August 12, 2013, and to the satisfaction of the City Solicitor; and further, That legal staff be directed to attend the Ontario Municipal Board on or before October 15, 2013, to request approval of the related Official Plan Amendment and Zoning By -law Amendment, substantively in the form presented to an in camera meeting of Caucus on August 12, 2013, and to the satisfaction of the City Solicitor." COUNCIL MINUTES AUGUST 26, 2013 -193- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 6. FCS -13 -141 - Delegation of Authority — Learning and Development Agreements Council considered Finance and Corporate Services Department report FCS -13 -141 (L. MacDonald), dated August 20, 2013. It was resolved: "That Council delegate to the Director of Human Resources, and in his absence, the Manager of Employee Strategies or the Learning and Development Program Consultant, the authority to execute the standard Learning and Development Agreement prepared by the Legal Division, pertaining to the securement of consultants to provide training programs for the City; and further, That if changes are sought to any of the substantive portions of the standard Learning and Development Agreement, the changes must be reviewed and approved by the Legal Division prior to execution." 7. FCS -13 -125 - CAO Approved Tenders Council received Finance and Corporate Services Department report FCS -13 -125 (L. Gordon), dated August 8, 2013 as information. 8. CAO -13 -028 — Arts and Culture Advisory Committee Appointment Council considered Chief Administrator's Office report CAO -13 -028 (R. Regier), dated August 21, 2013. It was resolved: "That Danielle Deveau be appointed to the Arts and Culture Advisory Committee to serve until November 30, 2014." 9. FCS -13 -137 — Encroachment Agreement — Ahrens and Queen Street North Council considered Finance and Corporate Services Department report FCS -13 -137 (L. MacDonald), dated August 20, 2013. It was resolved: "That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with Rogers Communications Inc. to legalize the existing Rogers pedestal and authorize the installation of fibre optic cable running approximately 14m connecting the existing Rogers pedestal to an existing Allstream grade level vault within the Civic Centre Park." 10. FCS -13 -134 — Uncollectible Utility Accounts Write -off Council considered Finance and Corporate Services Department report FCS -13 -134 (S. Saleh), dated August 13, 2013. Councillor P. Singh declared a pecuniary interest as he and /or members of his family own property within the vicinity of the properties listed as items #8 and #26. It was resolved: "That uncollectable Utility Accounts amounting to $53,329 be written off against the Allowance for Doubtful Utility Receivables." COUNCIL MINUTES AUGUST 26, 2013 -194- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 11. FCS -13 -135 — Uncollectible Miscellaneous Receivable Accounts Write -off Council considered Finance and Corporate Services Department report FCS -13 -135 (S. Saleh), dated August 13, 2013. It was resolved: "That uncollectable Miscellaneous Receivable Accounts amounting to $29,645 be written off against the Allowance for Doubtful Receivables." 12. FCS -13 -140 — Applications for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS -13 -140 (J. Evans), dated August 19, 2013. It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totaling $181,370.80 as attached to Finance and Corporate Services Department report FCS - 13 -140, be approved, pursuant to Section 357 of the Municipal Act." 13. Agreement of Purchase and Sale — Centre Block The following resolution arose from in- camera discussion this date. Councillor B. loannidis declared a pecuniary interest because as he owns property within the vicinity of the subject lands. It was resolved: "That further to Report FCS -13 -115 and Council's resolution of June 24, 2013 whereby the City agreed to convey the Phase 1 and 2 lands to Andrin Investments Limited on or before August 30, 2013 subject to a number of provisions set out in that report, it is hereby agreed that the August 30, 2013 closing date is to be extended to October 15, 2013 with discretion given to the City's legal counsel to adjust the closing date in either direction to accommodate the completion of all the legal agreements and documentation necessary to complete this transaction, provided that any extension does not extend the closing past October 31, 2013 without consultation with City Council; and further 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 reflecting this arrangement provided said amendments are satisfactory to the City Solicitor; and, That the Mayor and Clerk be hereby authorized to execute any other necessary agreements /documentation required to complete the sale transaction to Andrin Investments Limited provided said agreements /documentation are to the satisfaction of the City Solicitor; and further, That Andrin Investments Limited and its consultants and agents be granted access to the Centre Block lands for site preparation purposes including locating their construction trailers; installing fencing, signage, and landscaping; said access to be in accordance with an access agreement satisfactory to the City Solicitor." COUNCIL MINUTES AUGUST 26, 2013 _195- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 14. Smoke -free Playgrounds and Sports Fields Mayor C. Zehr brought forward an additional item for consideration with respect to an investigation into smoke free playgrounds and sports fields. He advised the Region has indicated that if enough local area municipalities express an interest in pursuing this matter, they would lead the investigation. It was resolved: "That the City of Kitchener has an interest in pursuing smoke -free playgrounds and sports fields and therefore requests that the Region of Waterloo take the lead on investigating this matter, which should include consultation with all relevant stakeholders."