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SPECIAL COUNCIL MINUTES
AUGUST 26, 2013 CITY OF KITCHENER
A special meeting of City Council was held at 12:03 p.m. this date, chaired by Mayor C. Zehr with all
members present except Councillor K. Galloway-Sealock.
Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant
to Chapter 25 (Council Procedure) of the Municipal Code.
Mayor C. Zehr advised that due to the planned webcasting of Council and Standing Committee
meetings, notwithstanding the one scheduled for this date, all future Strategic Sessions will be held in
the Council Chamber rather than the Conestoga Room.
1. EDUCATION SESSION
Ms. C. Tarling, Director of Legislated Services & City Clerk, gave a presentation providing an
overview of the webcasting of Council and Standing Committee initiative, highlighting that it was
piloted for the August 12, 2013 Standing Committee meetings and was a success. She indicated that
during the months of September and October, staff will be preparing to record and webcast Council
meetings using multi-cameras. She added that this process is more complicated than the one
employed for Standing Committees and requires more thought on how it should be enacted. It was
noted that once staff are proficient with the use of the new system and have evaluated its full impact
on resources, the possibility of live streaming will be brought forward for Council’s consideration.
Mr. C. Goodeve, Supervisor of Legislated Services & Deputy City Clerk, provided a demonstration of
the new webcasting system, highlighting the public’s ability to view video clips associated with
specific items listed on a meeting agenda. He reviewed the system’s “Google type” search function,
whereby a video can be found based on a key word search. Accordingly, it is not necessary for a
member of the public to know the date of a meeting or which committee considered a particular item
of interest.
Mr. Fred Dean, Barrister and Solicitor, gave a presentation entitled “The New Transparency:
Webcasting of Council / Committee Meetings,” which outlined various factors that Council may wish
to consider regarding the potential impact of webcasting. He reviewed the division of roles for
members of Council compared to municipal staff, citing a quote from Osborne and Gaebler
(Reinventing Government) that “Council should steer the boat rather than row it.” He stressed the
value of being familiar with the City’s Procedural By-law, as it sets out the governance model by
which the public interacts with Council during a meeting. He pointed out that with the new webcasting
system, the public will have access to staff reports / background material while watching the videos
and noted the importance of being prepared for each meeting. He suggested that the best course of
action for everyone at a meeting is to always assume that they are on camera.
2. IN-CAMERA MEETING AUTHORIZATION
Moved by Councillor B. Ioannidis
Seconded by Councillor Y. Fernandes
“That an in-camera meeting of City Council be held this date to consider a land acquisition /
disposition matter and a litigation / potential litigation matter.”
Carried.
3. RECESS AND RE-CONVENE
The meeting then recessed at 1:26 p.m. and re-convened in the Conestoga Room at 3:00 p.m., chaired
by Mayor C. Zehr with all members present except Councillor K. Galloway-Sealock.
It was noted that this meeting is being held in part as a strategic session to receive presentations on
By-Law Enforcement Overview and Service Level Review and the Second Draft – New Official Plan.
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4. STRATEGIC SESSION
4.a By-law Enforcement Overview / Service Level Review
Council considered Community Services Department report CSD-13-092 (S. Turner), dated August
21, 2013, regarding service level review and current initiatives of the By-Law Enforcement Division.
In addition, Council was in receipt of a presentation entitled “By-Law Enforcement Division: Overview
of Services and Service Level Review.”
Mr. S. Turner, Director of By-Law Enforcement, presented an overview of the services provided by
the By-Law Enforcement Division and the trends that have been observed since the Division was
created in 2002. He indicated that over the past 11 years the number of services calls have
increased by 220%; however, there has been little growth in staff resources which has resulted in
challenges in meeting public expectations. He further advised in an effort to address the increased
service demands, staff has been pursuing the following initiatives: finalizing the divisional mandate;
administrative monetary penalties for parking enforcement; increasing the use of technology;
increasing public education; and, promoting the use of mediation through the Community Justice
Initiative. In response, Council generally expressed support for the efforts of the Enforcement Division
in expanding their service initiatives and acknowledged that staffing levels have not reflected the
growth in service demands.
Suggestions were regarding to parks/trails and school zones enforcement and whether consideration
had been given to seeking additional partnerships between Operations staff and the school board to
assist with enforcement issues within their domains. Mr. Turner advised that a partnership with the
school boards for the enforcement of no-stopping zones would not be feasible due to the location of
the zones. He indicated that the no-stopping zones are located on public property and school board
staff only have jurisdiction to enforce infractions on private school property. In addition, he agreed to
investigate the potential for Operations staff to address infractions that occur within parks and/or on
City trails.
Several members of Council expressed concerns over the anticipated response times for certain
service calls, noting that a three-hour response time is inadequate for nuisance complaints. Mr.
Turner explained that there is a gap in service due to available staff resources which results in
delayed response times.
Councillor P. Singh encouraged By-Law Enforcement staff to consider reviewing current business
practices to determine whether a cost recovery model could be implemented in enforcement
processes. Mr. Turner responded that staff is examining a fee structure for repeat inspections
required to ensure outstanding actions have been corrected to remove the Order to Comply for
property standards violations.
Councillor Z. Janecki inquired whether staff had anticipated bringing forward a report as a part of the
2014 budget deliberations for an increase in staffing to accommodate the growth in service demands.
Mr. M. May, Deputy Chief Administrator Officer– Community Services, advised that additional work
would need to be undertaken as to the scope of any potential increase in resources. He
acknowledged that information on this matter could be brought forward as part of the 2014 Operating
Budget discussions.
4.b Second Draft of New Official Plan
Council considered Community Services Department report CSD-13-085 (T. Malone-Wright), dated
August 26, 2013, regarding the Second Draft of the New Official Plan. Ms. T. Malone-Wright, Senior
Planner, provided an overview of the report. She stated that the intent was to provide information and
facilitated discussion on topics including: Employment Areas; Special Policy Areas; Drive-throughs;
Sustainable Development; and, Kitchener’s Natural Heritage System.
Ms. Malone-Wright presented the updated policies respecting the City’s industrial employment areas
advising that policies within the Official Plan reflect Provincial Policy direction to plan for, protect and
preserve employment areas. She indicated that industrial employment land use designations have
been revised to include only those areas listed in the definition of an employment area and include
ancillary uses. She elaborated that conversions of employment areas to non-employment uses must
be justified by a municipal comprehensive review. She noted that the comprehensive review of
employment lands (CREL) was approved by Council in 2010. She added that the policies within the
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new draft of the Official Plan encompass the recommendations of the approved CREL, and pointed
out that the regulations within the Planning Act have been revised to preclude an appeal process to
the Ontario Municipal Board respecting refusal by Council to approve a re-designation or conversion
of lands designated as industrial employment lands.
In response to questions related to the agricultural land use designations proximate to the Grand
River and Hidden Valley, Mr. B. Sloan, Manager of Long Range Planning, advised that current Official
Plan policies regarding industrial employment areas have been carried forward in the new draft, and
remain consistent.
Ms. S. Coutu, Policy Analyst, presented an overview of Specific Policy Areas within the Official Plan,
stating that theyare intended to recognize sites or areas within the City where special conditions,
other than those specified in the land use designation, will apply. Accordingly, notwithstanding the
land use designation and associated policies, certain sites and areas may be subject to more detailed
policies and/or exemptions to some of the policies contained in the applicable land use designations.
She noted that three additional special policy areas have been designated within the new draft,
including:
Industrial Employment Lands
St. Leger Street (1 Adam Street)
Trussler Road/Highway 7 and Bleams Road
Ms. S. Coutu presented the background on the Official Plan policies relative to drive-throughs,
advising that policies have been revised to provide additional regulations. She indicated that the
City’s current Official Plan does not designate drive-throughs as a land use, and relies on the planned
policies for the Downtown, the Mixed Use Nodes and the Mixed Use Corridors to direct development
of drive-throughs to more auto-oriented areas of the City. She clarified that new policies support the
planned function of the Urban Growth Centre (Downtown) which does not permit the use of drive-
through facilities in new developments and redevelopments in the Downtown; however, in the mixed
use land use designation, the policy direction is to implement zoning regulations which may exclude
predominantly auto-exclusive uses such as drive-throughs. She added that applications for new drive-
throughs will require supporting studies and reports and only be considered for approval in
circumstances where certain criteria are satisfied within Commercial Campus and Commercial land
use designations.
In response to questions, Ms. Coutu advised that drive-throughs will be regulated through the Zoning
By-law and Urban Design Guidelines. She indicated that numerous studies, including traffic impact
studies and streetscape plans, will be required as part of the development application process. Mr. A.
Pinard, Director of Planning, stated that general policies within the Official Plan give authority to the
specific zoning regulations and provide stronger policy position if a zoning by-law appeal is submitted
to the Ontario Municipal Board.
Ms. Coutu led the discussion on the topic of Sustainable Development, indicating that the policies
within the existing Official Plan are enhanced in the new draft. She explained that the City of
Kitchener has taken significant strides towards reducing impact on the environment, including
encouraging environmentally-friendly design. She stated that direction is being sought on how strong
policies toward sustainable development should be; and, whether policies within the Official Plan
should mandate certain green-standards. Suggestions were made to include examining incentive
programs for developers utilizing green development for environmental performance rather than
prescriptive policies within the Official Plan.
Council generally agreed to the policy direction put forward by staff regarding Sustainable
Development, acknowledging that the Official Plan should indicate the City’s position on sustainable
development practices without implementation of prescriptive compliance requirements.
Ms. B. Steiner, Senior Environmental Planner, then led a discussion on the Kitchener Natural
Heritage System (KNHS), advising that the policies within the new draft seek to preserve and protect
natural infrastructure. She reviewed the current and proposed components of the policy section within
the new draft, indicating that the KNHS Technical Report provides criteria and maps for identifying
natural heritage features.
Council generally supported proposed approach in the new draft Official Plan for local level natural
heritage features and functions, as supported by the KNHS Technical Report; however, members
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encouraged staff to take a balanced approach to ensure that Official Plan policies both protect natural
heritage systems and provide for intensification to accommodate growth.
Ms. Malone-Wright further advised of the next steps in the process of the Second Draft Official Plan
Review. She indicated that comments would be received until October 11, 2013, with a Public Open
House proposed for September 23, and Industry Session on November 4, 2013. At the request of
Council, staff agreed to re-examine the proposed date for the Public Open House as it conflicts with
another event attended by Council.
On motion the meeting adjourned at 6:05 p.m.
MAYOR CLERK