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HomeMy WebLinkAboutCouncil - 2013-11-25COUNCIL MINUTES NOVEMBER 25, 2013 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. Councillor P. Singh was in attendance for part of the meeting. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by Hannah Tipping, King School of Vocal. 2. MINUTES — On motion by Councillor P. Singh, the minutes of the regular meeting held October 28, 2013 and special meetings held October 28 & November 18, 2013, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - Councillor B. loannidis declared a pecuniary interest with respect to Items 8.a under Unfinished Business and Clause 6 of the Finance and Corporate Services Committee report as he owns property within the vicinity of the subject lands; and accordingly, he did not participate in any discussion or voting regarding those matters. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. Sarah Marsh — Compass Kitchener Ms. Sarah Marsh and Mr. Chris Hyde addressed Council on behalf of Compass Kitchener and presented an overview of the draft indicators proposed to be used to develop the Compass Kitchener Annual Report Card to Citizens. Ms. Marsh advised the indicators are used to measure the activities and outputs for each of the 27 strategic directions related to the six community priorities in the City's Strategic Plan. Mr. Hyde confirmed that Compass Kitchener will begin the process of collecting and reviewing data with the intent of presenting a report card on this past year in Spring 2014. Council then considered Chief Administrator's Office report CAO -13 -038 (L. Majcher), dated November 18, 2013, recommending the appointment of four new members to Compass Kitchener; listed as Item B.7 on the Committee of the Whole agenda. Moved by Councillor K. Galloway- Sealock Seconded by Councillor B. loannidis "That Bojana Savic, Sharon Hartigan, Scott Harris, and Krishna Khetani be appointed to Compass Kitchener for a term expiring November 30, 2014." Carried Unanimously. 6. DELEGATIONS / 8.a. UNFINISHED BUSINESS — Council then considered Community Services Department report CSD -13 -111 (A. Pinard) recommending approval of a City- initiated Zone Change Application ZC12 /008 /B /GS (Phase 2: Interim Update) to amend general provisions related to site plan agreements and approvals, building height as well as small -unit parking rate; listed as Item 8.a. under Unfinished Business. Mr. Stephen Litt, Revel Development Corporation, addressed Council in opposition to the subject Zone Change Application, which proposes changes to the small residential parking rate for multiple dwellings with four or more units. He commented that the existing provisions in the City's Zoning By- law are adequate and do not warrant any revisions. He expressed concerns that the proposed change could adversely impact infill development. Ms. Sharon Wade was in attendance and expressed concern regarding the potential lack of affordable housing as a result of restricting the duplexing of semi - detached dwellings to Residential Six (R -6) and Residential Seven (R -7) zones. She noted that for persons with accessibility issues, a duplexed semi - detached dwelling might be the only feasible form of affordable housing that is COUNCIL MINUTES NOVEMBER 25, 2013 -253- CITY OF KITCHENER available to them. She added that the proposed changes could further perpetuate the difficulty persons with accessibility issues have in finding suitable housing. On motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, the recommendation in Report CSD -13 -111 was brought forward for consideration. In response to questions, Mr. A. Pinard, Director of Planning, confirmed that the proposed zoning amendments were intended to act as interim measures to allow time for staff to undertake more substantial changes as part of the Comprehensive Zoning By -law Review following the adoption of the City's new Official Plan. He estimated that the Comprehensive Review would commence in 2014 and would take approximately two years to complete. Councillor B. Vrbanovic indicated that subject to the approval of the proposed Zone Change Application, he would bring forward a recommendation to set out a definitive timeframe for when the Comprehensive Review could be brought forward for Council's consideration. In response to further questions, Mr. Pinard agreed to provide an update on the status of the Comprehensive Review after one year; but, stressed it would not be possible to complete a holistic review of the City's Zoning By -law in a compressed timeframe. At the suggestion of Mr. J. Willmer, Chief Administrative Officer, Council agreed to separate the `Proposed By -law' attached to Report CSD -13 -111 into four separate and distinct by -laws based on the following: Section 1 (Site Plan Agreements and Site Plan Approvals); Section 2 (Building Height); Section 7 (Small Unit Parking Rate); and, the balance of the `Proposed By -law'. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That City- initiated zone change amendment ZC12 /008 /B /GS (Phase 2: Interim Update) to amend general provisions, be approved, with the `Proposed By -law' dated November 18, 2013, attached as Appendix `A', to Community Services Department report CSD 13 -111, which shall be separated into four distinct by -laws based on the following: 1. Section 1 (Site Plan Agreements and Site Plan Approvals); 2. Section 2 (Building Height); 3. Section 7 (Small Unit Parking Rate); and, 4. Balance of `Proposed By -law." Voted on Clause by Clause. Carried, Unanimously on recorded votes. Recorded Pecuniary Interest & Abstention: Councillor B. loannidis as he owns property within the vicinity of the subject lands. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That staff be directed to complete the comprehensive review of the City of Kitchener's Zoning By -law by December 2015, with a status report to be provided on the update by January 2015." Carried, Unanimously on recorded vote. Recorded Pecuniary Interest & Abstention: Councillor B. loannidis as he owns property within the vicinity of the subject lands. COUNCIL MINUTES NOVEMBER 25, 2013 -254- CITY OF KITCHENER 6. DELEGATIONS / 9.a NEW BUSINESS — Councillor Y. Fernandes gave notice that she would introduce a Motion to Reconsider Council's resolution of May 13, 2013 to authorize an Encroachment Agreement for 201 Doon South Drive. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn- Graham "That Council re- consider its decision of May 13, 2013 in which it authorized the execution of an Encroachment Agreement relating to a fence located at 201 Doon South Drive." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, J. Gazzola, Y. Fernandes, P. Singh, F. Etherington, D. Glenn- Graham, Z. Janecki and K. Galloway - Sealock Contra: Councillor B. loannidis Motion Carried with required 2/3 majority of members present. Mr. Doug Fisher was in attendance and spoke in support of revising the Encroachment Agreement relating to a fence located at 201 Doon South Drive. He stated that when originally considered in May 2013, a 12 -year timeframe was placed on relocating the fence to conform to the existing legal boundary for the property. He presented photographs of the subject property depicting the boundary as almost intersecting the current in- ground pool. He indicated the exact location of the property line was unknown when this matter was first considered; adding that relocating the fence to comply with the previous Encroachment Agreement would adversely impact the structural integrity of the pool. Accordingly, he requested that the Agreement be revised to remove the 12 -year timeframe and allow the encroachment to continue in perpetuity. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor D. Glenn - Graham, to revise the Encroachment Agreement for 201 Doon South Drive to remove the 12 -year timeframe. An amendment was put forward by Councillor J. Gazzola, which was accepted as friendly, stipulating that should the existing pool be removed, the owner will be required to comply with the original legal boundary of the property. Councillor K. Galloway - Sealock requested that the Clause related to the removal of the existing pool be voted on separately, commenting that even if the pool was removed, the owners may still wish to utilize the portion of the property which encroaches onto City parkland. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn- Graham "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 201 Doon South Drive (PIN 22734 -0496) to permit the rear fence to be located on City parkland provided the rear fence is relocated so that it encroaches less than 2.06 metres, onto City parkland for a length of approximately 18.84m and to legalize the existing fence which encroaches approximately 1.15 m at the side of the property for a length of approximately 22.8m, more or less, on City parkland; and further, That upon the existing pool at 201 Doon South Drive being removed, the owner shall be required to relocate the fence to comply with the original legal boundary for that property." A recorded vote was requested. Clause 2 — Carried on a recorded vote. COUNCIL MINUTES NOVEMBER 25, 2013 -255- CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors S. Davey, P. Singh, J. Gazzola, D. Glenn - Graham, F. Etherington, B. loannidis, B. Vrbanovic and Z. Janecki. Contra: Councillors Y. Fernandes and K. Galloway - Sealock. Balance of Motion — Carried Unanimously on a recorded vote. 6. DELEGATIONS — PSIC CLAUSE #3 Mr. Paul Britton, MHBC Planning, attended on behalf of Stonefield Properties, Activa Holdings and Hallman Construction Ltd. and confirmed support for the recommended refined Technically Preferred Alignment of Strasburg Road south of New Dundee Road, as outlined in Clause 3 of the Planning and Strategic Initiatives Committee report. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That Clause 3 of the Planning & Strategic Initiatives Committee report be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, J. Gazzola, K. Galloway - Sealock, P. Singh, Z. Janecki, D. Glenn - Graham, F. Etherington and B. loannidis. Contra: Councillor Y. Fernandes. Motion Carried. 6. DELEGATIONS - Tenders Mr. Larry Gordon, Director of Supply Service, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Councillor Y. Fernandes requested that a report be provided to a future Finance and Corporate Services Committee meeting as to the feasibility of grouping the consulting services for similar road reconstruction projects. She commented that this work could be kept on file for when those projects are ready to move forward. Moved by Councillor K. Galloway- Sealock Seconded by Councillor S. Davey "That Expression of Interest E13 -075 Consultant Services — Lang Crescent (Lancaster St W to Bridgeport Rd) and a portion of Springdale Drive — Road Reconstruction, be awarded to AECOM, Kitchener, Ontario at their estimated fee of $152,895., including contingencies of $13,900., plus H.S.T. of $19,876.35, for a total of $172,771.35, based on a satisfactory contract being negotiated and an upset fee being established." fir! "That Expression of Interest E13 -058 — Consultant Services — Shirk Place Bridge Rehabilitation (City Bridge #827), be awarded to MuirTec Inc., Waterloo, Ontario at their estimated fee of $72,886., including contingencies of $6,626., plus H.S.T. of $9,475.18, for a total of $82,361.18, based on a satisfactory contract being negotiated and an upset fee being established." Carried. COUNCIL MINUTES NOVEMBER 25, 2013 -256- CITY OF KITCHENER 6. DELEGATIONS — Committee of the Whole #6 Mayor C. Zehr advised that the owners of 864 Thomas Slee Drive were in attendance with respect to a requested Encroachment Agreement to legalize an existing concrete garden border which encroaches onto an adjacent stormwater management pond; listed as Item B.6 on the Committee of the Whole agenda. Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 864 Thomas Slee Dr. (PIN 22734 -0423) to legalize an existing concrete garden border which encroaches approximately 0.91 m in width at the side of the property for a length of approximately 55.155m, more or less, onto adjacent City stormwater management pond." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, Y. Fernandes, K. Galloway - Sealock, B. loannidis, F. Etherington, P. Singh and D. Glenn- Graham. Contra: Councillors J. Gazzola and Z. Janecki. Motion Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That the report of the Community and Infrastructure Services Committee be adopted." Councillor Z. Janecki requested that Clause 5 of the Committee report be voted on separately. Voted on clause by clause. Clause 5 — Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, Y. Fernandes, K. Galloway - Sealock, B. loannidis, F. Etherington, P. Singh and D. Glenn- Graham. Contra: Councillors J. Gazzola and Z. Janecki. Balance of Report — Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor B. Vrbanovic "That the report of the Finance and Corporate Services Committee be adopted." Mayor C. Zehr advised that in accordance with Councillor loannidis' previously declared pecuniary interest, Clause 6 of the Committee report would be voted on separately. He added that Clause 7 of the Committee report relating to the 2014 User Fees and Charges would also be considered separately. Councillor P. Singh left the meeting at this time. COUNCIL MINUTES NOVEMBER 25, 2013 -257- CITY OF KITCHENER On motion by Councillor S. Davey, seconded by Councillor K. Galloway - Sealock, an amendment was brought forward to Clause 7 of the Committee report to implement a fee of $10 for the Premium Theatre Rate and $8 for the Standard Theatre Rate, which would result in a 5.220% increase on the monthly parking rate. Councillor B. Vrbanovic pointed out that the closest available accessible parking spots for persons attending a performance at the Centre in the Square are located in the lot that would be subject to the Premium Theatre Rate. He spoke to the equity of requiring persons with mobility needs to pay a premium rate to utilize accessible parking spots, suggesting that the Premium Theatre Rate should not be applied to those persons with a valid Accessible Parking Permit issued by the Government of Ontario. Councillor D. Glenn- Graham commented that he had intended to bring forward a similar motion to the one proposed by Councillor Davey, with the Standard Theatre Rate being set at $7.50. Councillor Davey agreed to amend his motion to incorporate both changes proposed by Councillors Vrbanovic and Glenn- Graham. Councillor J. Gazzola spoke to accommodating seniors who have mobility issues, but do not possess an Accessible Parking Permit. He questioned if a similar type of card could be issued to seniors to allow them to park in the Premium lot, but at a reduced rate. Ms. P. Houston, Deputy CAO — Infrastructure Services, indicated that staff would need to investigate the potential impacts of offering such a service. She suggested that the proposed 2014 User Fees could still be approved and that staff would report back at a later date regarding the feasibility of this proposal. Mr. D. Chapman, Deputy CAO — Finance and Corporate Services, advised that implementing a rate of $7.50 - $8 across the board for all lots would result in a few cents increase to the monthly parking rate. He added that given the attendance statistics for the Centre in the Square, when the report comes back it will most likely indicate that the administrative burden of providing several thousand special permits for seniors would be overly onerous. He encouraged Council to consider the implications of enacting such a proposal verses the minor impact to the monthly rate if a rate of $7.50 or $8 was applied to all parking lots. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor D. Glenn- Graham, to amend Councillor Davey's motion to set a fee of $8 for the Premium Theatre Rate and $8 for the Standard Theatre Rate. Mayor C. Zehr ruled that Councillor J. Gazzola's amendment was out of order as it would negate the intent of the original motion, which was to provide for separate Premium and Standard Theatre rates. Councillor J. Gazzola challenged the Mayor's ruling. Mayor C. Zehr put the following question to Council: "Will the ruling of the Mayor be sustained ?" The ruling of the Mayor was then voted on and was Sustained. Councillor Davey's motion was then voted on and LOST on a tied recorded vote with Mayor C. Zehr and Councillors B. loannidis, K. Galloway - Sealock, S. Davey and B. Vrbanovic voting in favour; and, Councillors D. Glenn- Graham, F. Etherington, J. Gazzola, Y. Fernandes and Z. Janecki voting in opposition. Councillor P. Singh was not in attendance and accordingly did not vote. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor D. Glenn- Graham, to set a fee of $8 for the Premium Theatre Rate and $8 for the Standard Theatre Rate, which would result in a 5.530% increase on the monthly parking rate. Councillor Gazzola's motion was then voted on and LOST on a tied recorded vote with Councillors D. Glenn- Graham, F. Etherington, J. Gazzola, Y. Fernandes and Z. Janecki voting in favour; and, Mayor C. Zehr and Councillors B. loannidis, K. Galloway - Sealock, S. Davey and B. Vrbanovic voting in opposition. Councillor P. Singh was not in attendance and accordingly did not vote. A motion was brought forward by Councillor S. Davey, seconded by Councillor Y. Fernandes, to set a fee of $9 for the Premium Theatre Rate and $7.50 for the Standard Theatre Rate, which would result in a 5.425% increase on the monthly parking rate. COUNCIL MINUTES NOVEMBER 25, 2013 -258- CITY OF KITCHENER Councillor Davey's motion was then voted on and was Carried Unanimously on a recorded vote by all members present. A motion was brought forward by Councillor S. Davey, seconded by Councillor J. Gazzola, to amend Paragraph 2 of Clause 7 of the Committee report to approve an average increase of 2.5% for the fees and charges related to the recreational programs identified in Issue Paper AR 05 [Increase User Fees by an Additional 1 %, While Providing Additional Funding for the Leisure Access Card (LAC)]. Councillor Davey's motion was then voted on and was Carried on a recorded vote with Councillors D. Glenn- Graham, J. Gazzola, Y. Fernandes, B. loannidis, K. Galloway - Sealock, S. Davey and B. Vrbanovic voting in favour; and Mayor C. Zehr and Councillors F. Etherington and Z. Janecki voting in opposition. Councillor P. Singh was not in attendance and accordingly did not vote. The balance of Clause 7 of the Committee report was then voted on and was Carried on a recorded vote with Mayor C. Zehr and Councillors B. loannidis, K. Galloway - Sealock, D. Glenn- Graham, F. Etherington, J. Gazzola, Y. Fernandes, S. Davey and B. Vrbanovic voting in favour; and Councillor Z. Janecki voting in opposition. Councillor P. Singh was not in attendance and accordingly did not vote. The Finance and Corporate Services Committee was then voted on clause by clause. Clause 6 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, Y. Fernandes, K. Galloway - Sealock, F. Etherington, D. Glenn - Graham and Z. Janecki Contra: Councillor J. Gazzola Recorded Pecuniary Interest & Abstention: Councillor B. loannidis as he owns property within the vicinity of the subject lands. Clause 7 — Carried, as Amended, on recorded votes. Balance of Report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor F. Etherington Seconded by Councillor Z. Janecki "That the report of Heritage Kitchener be adopted." Carried. 9. NEW BUSINESS — 9.b. — Emergency Relief — COUNCIL MINUTES NOVEMBER 25, 2013 -259- CITY OF KITCHENER Councillor B. Vrbanovic advised that he wished to introduce a motion to assist with emergency relief efforts in response to the typhoon that struck the Philippines earlier this month, and requested that the requirements for giving Notice of Motion be waived. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey "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 a donation toward emergency relief in the Philippines." Carried, with the required 2/3 vote of the whole of Council. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor S. Davey to approve a donation in the amount of $5,000 to the Mennonite Central Committee (MCC) to assist with their efforts to provide emergency relief to the Philippines. Councillor J. Gazzola spoke to the City of Kitchener's previous municipal partnership with the City of Cebu in the Philippines, and at his request it was agreed to amend the motion to increase the donation to $10,000. Councillor Z. Janecki left the meeting at this time. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey "WHEREAS the City of Kitchener previously had a municipal partnership with Cebu in the Philippines, and recently Cebu and other communities were subject to a devastating typhoon that has resulted in the need of aid assistance from around the world; THEREFORE BE IT RESOLVED that a donation in the amount of $10,000 be made to the Mennonite Central Committee (MCC) to assist with their efforts to provide emergency relief in the Philippines; and, BE IT FINALLY RESOLVED THAT that the $10,000. donation be funded through the City's miscellaneous expenses." Carried, as Amended. Councillor Z. Janecki re- entered the meeting at this time. 10. QUESTIONS AND ANSWERS — At the request of Councillor Y. Fernandes, Ms. L. MacDonald, Director of Legal Services & City Solicitor, agreed to notify the Ward Councillor at the onset of the encroachment agreement process. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add five additional by -laws for three readings this date with respect to a Part Lot Control exemption for Watervale Drive and Eden Oak Trail and four zoning amending by -laws related to interim updates (site plan agreements and approvals, building height, small unit parking rate, and balance of proposed by -law), listed as Item 8.a under Unfinished Business. Moved by Councillor D. Glenn- Graham Seconded by Councillor Y. Fernandes "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. COUNCIL MINUTES NOVEMBER 25, 2013 -260- CITY OF KITCHENER 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. To confirm all actions and proceedings of the Council. e. Being a by -law to exempt certain lots from Part Lot Control — Part Blocks 9, 20 and 23, Registered Plan 58M -370 — Watervale Drive and Eden Oak Trail. f. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - City of Kitchener Interim Update Amendment. g. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - City of Kitchener Interim Update Amendment. h. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - City of Kitchener Interim Update Amendment. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - City of Kitchener Interim Update Amendment. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. 12. 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 D. Glenn- Graham as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor D. Glenn- Graham Seconded by Councillor J. Gazzola "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. 14. BY -LAWS (THIRD READING) - Moved by Councillor D. Glenn- Graham Seconded by Councillor Y. Fernandes "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 -141) 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 -142) COUNCIL MINUTES NOVEMBER 25, 2013 -261- CITY OF KITCHENER C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. d. To confirm all actions and proceedings of the Council. (By -law No. 2013 -143) (By -law No. 2013 -144) e. Being a by -law to exempt certain lots from Part Lot Control — Part Blocks 9, 20 and 23, Registered Plan 58M -370 — Watervale Drive and Eden Oak Trail. (By -law No. 2013 -145) f. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - City of Kitchener Interim Update Amendment. (By -law No. 2013 -146) g. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - City of Kitchener Interim Update Amendment. (By -law No. 2013 -147) h. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - City of Kitchener Interim Update Amendment. (By -law No. 2013 -148) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - City of Kitchener Interim Update Amendment. (By -law No. 2013 -149) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:25 p.m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 25, 2013 -262- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the Uniform Traffic By -law be amended to install an all -way stop at the intersection of Guelph Street and Waterloo Street, as outlined in Infrastructure Services Department report INS -13 -107. 2. That "Schedule 25 - Bicycle Lanes" of the Uniform Traffic By -law be amended, as outlined in Appendix `A' of Infrastructure Services Department report INS -13 -101, to reflect the current on- street bicycle lanes on Block Line Road between Westmount Road East and Courtland Avenue East as well as on Lennox Lewis Way from Homer Watson Boulevard to Block Line Road; and, That "Schedule 26 - Roundabouts" of the Uniform Traffic By -law be amended, as outlined in Appendix `A' of Report INS -13 -101, to reflect the roundabout at Block Line Road and Fallowfield Drive / Hanover Street; and, That "Schedule 12 - Through Highways" of the Uniform Traffic By -law be amended, as outlined in Appendix `A' of Report INS -13 -101, to reflect the construction of the Block Line Road extension from Lennox Lewis Way to Courtland Avenue East; and, That "Schedule 24 - School Bus Loading Zones" of the Uniform Traffic By -law be amended, as outlined in Appendix `A' of Report INS -13 -101, to reflect the school bus loading zones on Lennox Lewis Way and Block Line Road; and further, That "Schedule 1 - No Parking" of the Uniform Traffic By -law be amended, as outlined in Appendix `A' of Report INS -13 -101, to reflect the on- street parking regulations on Block Line Road from Westmount Road East to Homer Watson Boulevard. 3. That the Kitchener Waterloo Badminton Club be approved as an affiliated minor sport group with the City of Kitchener, as per Council Policy 1 -471 (MINOR SPORT AFFILIATION); and further, That the Kitchener Waterloo Badminton Club be added as an insured group to the City of Kitchener's Minor Sports third party liability insurance program, as outlined in Community Services Department report CSD -13 -107. 4. WHEREAS the Federation of Canadian Municipalities (FCM), indicate that municipalities directly and indirectly affect 44% of Canada's total greenhouse gas emissions and therefore have an important role to play in mitigating this impact on the climate; and, WHEREAS the Cities of Cambridge, Kitchener, Waterloo, and Region of Waterloo have committed to the Federation of Canadian Municipalities Partners for Climate Protection program (FCM - PCP) both at the Corporate and Community level; and, WHEREAS the Cities of Cambridge, Kitchener, Waterloo and Region of Waterloo, completed Community Milestone 1, Greenhouse Gas Inventory and Forecast, as approved by FCM - PCP in 2012; and, WHEREAS the Cities of Cambridge, Kitchener, Waterloo and Region of Waterloo, in collaboration with community and business groups, utilities, schools, universities and residents, wish to deliver Community Milestone 2 (Setting an Emissions Reduction Target) and Community Milestone 3 (Developing a Local Action Plan) in fulfillment of FCM Green Municipal Fund requirements; and, WHEREAS the Cities of Cambridge, Kitchener, Waterloo and Region of Waterloo are undertaking Corporate Greenhouse Gas (GHG) mitigation inventories and plans and wish to also address climate change mitigation across the entire community; COUNCIL MINUTES NOVEMBER 25, 2013 -263- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 4. (Cont'd) THEREFORE BE IT RESOLVED that the community -wide GHG reduction target of 6% below 2010 emission levels by 2020 be endorsed, and staff be directed to submit it for consideration by the FCM as fulfillment of Community Milestone 2 of the PCP program; BE IT FURTHER RESOLVED that the Community Climate Action Plan dated October, 2013 as attached to Community Services Department report CSD -13 -108 be endorsed in principle, subject to budget deliberations and other business planning approvals required for individual projects under the authority of the municipality, in order to achieve the GHG reduction target, and that staff be directed to submit it for review by FCM as fulfillment of Community Milestone 3 of the PCP program; BE IT FURTHER RESOLVED that the continuation of a ClimateActionWR collaborative approach between the Cities of Cambridge, Kitchener, Waterloo and Region of Waterloo along with community and business groups, utilities, schools, universities and residents be explored to achieve a community -wide GHG reduction target, and at minimum should include: • A Terms of Reference for an Implementation Group with any such terms and associated agreements being prepared to the satisfaction of Legal Services and Purchasing, and any associated costs being to the approval of Council; • Implementation strategies for moving forward with specific actions; • Prioritization, cost and resource requirements for actions; • Monitoring and an interim reporting of results before 2020; • Consideration of a Greenhouse Gas reduction target beyond 2020; • Submission to FCM as fulfillment of Community Milestones 4 (Implementation) and 5 (Monitoring); and, BE IT FINALLY RESOLVED that further to FCM's acknowledgment of Kitchener's fulfillment of Corporate Milestone 1 (Greenhouse Gas Inventory) of the PCP Program, staff be directed to undertake a new project within the Corporate Business Planning process to establish additional Corporate GHG reduction actions and target along with implementation and monitoring in order to fulfill Corporate Milestones 2 -5 of the PCP Program. 5. That the South Kitchener District Park Master Plan, as attached to Infrastructure Services Department report INS -13 -043, including the principles and project priorities contained within the document be approved; and, That the South Kitchener District Park Master Plan be referred to departmental business planning and capital budget processes; and further, That the timelines outlined in the Master Plan be guidelines, and where possible through the Development Charges Review, consideration be given to decreasing the length of the timelines. (Carried, on a recorded vote) 6. That Infrastructure Services Department report INS -13 -078 (Natural Gas Inspection - Laurentian West Community Follow -up), dated November 3, 2013 be received. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That subject to the Alcohol and Gaming Commission of Ontario (AGCO) deciding not to hold a hearing with respect to this application for a liquor licence and subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action at this time to oppose the application for a liquor license for Poak FC Social Club, located at 50 Ontario Street South, Unit D applied for by John Papazotos (herein referred to as the "Applicant "); and, COUNCIL MINUTES NOVEMBER 25, 2013 -264- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 1. (Cont'd) That should the AGCO decide to hold a hearing with respect to the application for a liquor license for Poak FC Social Club, located at 50 Ontario Street South, Unit D and applied for by the Applicant, the City request party status at the hearing and notwithstanding any agreement entered into with the Applicant may change its position stated in this recommendation in response to evidence presented or heard at that hearing; and further, That the Mayor and Clerk be authorized to execute an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to participate as an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee if such a committee is established; 2. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 3. to stop serving alcohol by 2:00 a.m. daily; 4. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; and, 5. to comply with the Noise By -law and the Region of Waterloo Smoking By -law; and these conditions shall bind all successors, assigns and subsequent licence holders (if any). 2. That subject to the Alcohol and Gaming Commission of Ontario (AGCO) deciding not to hold a hearing with respect to this application for a liquor licence and subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action at this time to oppose the application for a liquor license for Bread Heads Inc. located at 16 Duke Street East, applied for by Bread Heads Inc. (herein referred to as the "Applicant); and, That should the AGCO decide to hold a hearing with respect to the application for a liquor license for Bread Heads Inc., located at 16 Duke Street East and applied for by the Applicant, the City request party status at the hearing and notwithstanding any agreement entered into with the Applicant may change its position stated in this recommendation in response to evidence presented or heard at that hearing; and further, That the Mayor and Clerk be authorized to execute an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to participate as an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee if such a committee is established; 2. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; COUNCIL MINUTES NOVEMBER 25, 2013 -265- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 2. (Cont'd) 3. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a.m. daily; 4. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission and not expand the establishment without the consent of the City Council; 5. to comply with the Noise By -law and the Region of Waterloo Smoking By -law; and, 6. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 3. That the Mayor and Clerk be authorized to execute a lease agreement, subject to the satisfaction of the City Solicitor, with R'chyees Frozen Yogurt Shoppe for the Retail Unit #1, located at 4 Charles Street East (future address will be 26 Benton Street), as outlined in Infrastructure Services Department report INS -13 -110. 4. That the City of Kitchener elects to share the cost of purchasing credited service for reservist leaves for its OMERS members, as outlined in Finance and Corporate Services Department report FCS -13 -178. 5. That staff be directed to report back to a future in- camera meeting with information on potential enforcement options that might be considered to address the issue of illegal massage parlours. 6. That staff commence implementation of the following activities in support of a refreshed Downtown Financial Incentive Program, as outlined in Chief Administrator's Office report CAO- 13 -036; and, That the following be referred to a Strategic Planning Session to be held in early 2014 to allow time for staff to review and bring forward recommendations regarding possible changes to the Downtown Urban Boundary and incentive models: That through the development of the 2014 Development Charges Background Study and By -law, staff propose to exclude Downtown Kitchener from the By -law, resulting in no growth - related capital costs or development charges being applied Downtown, and, That through the development of the 2014 Development Charges By -law, staff establish the clear intention to discontinue the Downtown exemption immediately prior to the subsequent Development Charges Background Study and By -law, currently anticipated for 2019, and, That the Mayor and City staff work with the Region of Waterloo to encourage the Region to maintain their Downtown Kitchener development charge exemption through the development of their 2014 Development Charges Background Study and By -law; and, That staff prepare amendments to Council Policy 1 -540 (Downtown Financial Incentives), for Council consideration, which scale back the Planning & Building Permit Fee Rebates, but continue to provide incentive for minor enhancements, subject to a phasing -out process with input from stakeholders and immediately eliminate the 3 -year Tax Exemption; and, That staff initiate the process to modify the Parkland Dedication policies and by -law to discontinue the Downtown waiver and establish a maximum rate of 0.15 hectares per 300 units for residential development in the Downtown and Central Neighbourhoods; and, COUNCIL MINUTES NOVEMBER 25, 2013 -266- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 6. (Cont'd) That staff prepare amendments to Council Policy 1 -535 (Combined Facade /Interior Loan /Upper Storey Renovation Program and the Downtown Kitchener Community Improvement Plan) to extend the Facade Grant Program beyond 2013, to introduce ongoing funding within the Capital Budget, by reassigning a portion of the budget allocation for the Planning & Building Permit Fee Rebates, starting in 2014, and to allow more than $30,000 per building, to a specified maximum, where the building has more than 3 separate storefronts; and, That staff prepare amendments to the Downtown Kitchener Community Improvement Plan to establish a grant program for Landing Pads geared towards start -up businesses, similar to the Facade Grant Program, using the remaining funds from the Upper- Storey Renovation Program; and, That, through the development of the new Official Plan, the City establish clear Official Plan policies that allow the City to hold recipients of any Downtown financial incentive to a very high standard in terms of urban design; and further, That, through ongoing discussions with the development industry and Downtown businesses, City staff communicate that there are no guarantees that any of the existing financial incentives will exist beyond the current timelines and budget allocations of each individual program. (Carried, on a recorded vote) 7. That the proposed fees and charges contained in the 2014 Comprehensive Fee Review be approved with an average increase of 3% for those items identified in Issue Paper AR 05 [Increase User Fees by an Additional 1 %, While Providing Additional Funding for the Leisure Access Card (LAC)], as attached to Financial Services Department report FCS -13 -160, save and except for the following: • That a 2.5% increase shall be applied for the fees and charges related to the recreational programs identified in Issue Paper AR 05; and, • That a fee of $9 be set for the Premium Theatre Rate and $7.50 be set for the Standard Theatre Rate, which results in a 5.425% increase on the monthly parking rate; and, • That the Premium Theatre Rate shall not be applied to those persons with a valid Accessible Parking Permit issued by the Government of Ontario; and, That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and Charges to the Ministry of Government Services - Cemeteries Regulation Unit for filing; and further, That Legal Services staff be directed to prepare the necessary by -laws to amend the City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications. (Carried, as Amended, on a recorded vote) PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That the Mayor and Clerk be authorized to execute a development charges credit/refund agreement with Monarch Corporation, subject to the satisfaction of the City Solicitor, in respect of Monarch Corporation's payment of the costs of the Engineering fees and the construction of Doon South Sewage Facility project, as outlined in Infrastructure Services Department Report INS -13 -102. COUNCIL MINUTES NOVEMBER 25, 2013 -267- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) 2. That the Mayor and Clerk be authorized to execute a development charges credit/refund agreement with Activa Holdings Inc., subject to the satisfaction of the City Solicitor, in respect of Activa Holdings Inc.'s payment of the costs of the Engineering fees and the construction of Blair Creek Drive Bridge project, as outlined in Infrastructure Services Department Report INS - 13 -103. 3. That the Strasburg Road Extension from North of Stauffer Drive to New Dundee Road Environmental Study Report (ESR) prepared by SNC Lavalin Inc., dated October, 2013, be received and endorsed; and further, That the Strasburg Road Extension from North of Stauffer Drive to New Dundee Road Environmental Study Report (ESR) be filed with the Ministry of the Environment for a forty -five (45) day review period thereby exceeding the requirements of the Environmental Assessment (EA) Act. (Dealt with under Delegations and Carried, on a recorded vote) HERITAGE KITCHENER — 1. That Councillor Frank Etherington and Ms. Amanda Hooykaas be appointed to represent Heritage Kitchener on the Cultural Heritage Landscape Study Team. 2. That the Heritage Kitchener 2013 -2014 Work Plan, as required by the 2008 Advisory Committee Review, be approved. COUNCIL MINUTES NOVEMBER 25, 2013 -268- 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. FCS -13 -185 — Applications for Cancellation, Refund or Reduction of Taxes Council considered Finance and Corporate Services Department report FCS -13 -185 (F. Abdulhadi), dated November 18, 2013. Councillor F. Etherington declared a pecuniary interest as he resides in the vicinity of one of the subject properties and accordingly did not participate in any discussion or voting on this matter. At the request of Mr. D. Chapman, Council agreed to amend the total amount of cancellation, reduction and refund of taxes as two applications have been withdrawn to allow for further investigation. It was resolved: "That the applications for cancellation, reduction, refund of taxes totaling $68,997.21 as attached to Finance and Corporate Services Department report FCS -13 -185, be approved, pursuant to Section 357 of the Municipal Act." 3. INS -13 -108 — Subcontracting Services to Gas Pipeline Contractor Council considered Infrastructure Services Department report INS -13 -108 (P. Houston), dated October 23, 2013. It was resolved: "That the Director of Utilities be authorized to execute on behalf of the Corporation of the City of Kitchener subcontractor safety documentation pertaining to Kitchener Utilities gas main replacement projects; said documentation to be to the satisfaction of the City Solicitor." 4. FCS -13 -180 — Delegation of Authority re MTO Agreements Council considered Finance and Corporate Services Department report FCS -13 -180 (L. MacDonald), dated November 13, 2013. It was resolved: "That the Director of Human Resources, and in his absence, the Manager of Corporate Health and Safety, be delegated the authority to execute Ministry of Transportation (MTO) Driver Certification Program (DCP) agreements prepared by the MTO pertaining to the securement of authority to provide classified licensing training programs and testing for the City; said agreements to be to the satisfaction of the City Solicitor; and further, That if changes are sought to any of the substantive portions, the changes must be reviewed and approved by the Legal Services Division prior to execution." COUNCIL MINUTES NOVEMBER 25, 2013 -269- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 5. INS -13 -111- Close and Declare Surplus Portion of Unnamed Laneway — Waterloo Street Council considered Infrastructure Services Department report INS -13 -111 (J. Readman), dated November 19, 2013. It was resolved: "That the closure of a portion of an unnamed lane between Waterloo Street and Duke Street, located between Wellington Street and Louisa Street, running a distance of 27 metres north of Waterloo Street be approved in principle, and that those lands being closed be declared surplus to the City's needs and that Legal Services be instructed to proceed with the preparation of an Agreement of Purchase and Sale with the Owner of 62 Waterloo Street at the purchase price of $1.00, preparation of a by -law and for the necessary advertising in the local newspaper for the closing of the aforementioned lane. The lane closure is subject to the following conditions: 1. That a reference plan be completed and deposited prior to the passing of the lane closure by -law. 2. That all required easements be granted prior to the conveyance of the closed portion of the lane; including an easement in favour of Rogers for underground and aerial plant. 3. That the purchaser (62 Waterloo Street) be responsible for all of the costs related to the closure, including but not limited to the reference plan, City legal fees, registration and advertising associated with the closure of the laneway; and, 4. Road closing by -law enacted by Council; and further, That the Mayor and Clerk be authorized to execute all necessary documentation to effect these transactions, said documentation to be to the satisfaction of the City Solicitor." 6. FCS -13 -186 — Encroachment Agreement — 864 Thomas Slee Drive Dealt with under Delegations. 7. CAO -13 -038 —Appointments to Compass Kitchener Dealt with under Delegations.