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HomeMy WebLinkAboutCouncil - 2014-03-03 COUNCIL MINUTES MARCH 3, 2014 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors Z. Janecki and J. Gazzola. 1. COMMENCEMENT – The meeting began with the singing of “O Canada” by Hannah Tipping,King School of Vocal. 2. MINUTES – On motion by Councillor Y. Fernandes, the minutes of the regular meeting held February 10, 2014 and special meetings held February 10 & 24, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF – Councillor B. Ioannidis declared a pecuniary interest with respect to Clause 4 of the Finance and Corporate Services Committee and Clause 2 of the Planning and Strategic Initiatives Committee reports as both relate to property he owns in the subject areas; and accordingly, he did not take part in any discussion or voting regarding that matter. Councillor P. Singh declared a pecuniary interest with respect to Clause 4 of the Finance and Corporate Services Committee report as members of his family own property in the vicinity of the subject area; and accordingly, he did not take part in any discussion of voting regarding that matter. 4. COMMUNICATION REFERRED TO FILE – a. Letter from Premier Kathleen Wynne dated February 20, 2014 acknowledging Council’s resolution regarding joint and several liability. 5. PRESENTATIONS – 5.a. - Voter Turn-out Subcommittee Report Council considered Compass Kitchener Voter Turnout Sub-Committee report, dated February 10, 2014, listed as Item 5.a. on the Council agenda. Mr. Theron Kramer gave a presentation on behalf of Compass Kitchener on the research undertaken by that Committee into efforts that the City could employ to potentially increase voter turnout for the October 27, 2014 Municipal Election. He noted that these measures could include posting links to candidate information on the City’s Election Website as well as petitioning the Provincial Government in support of a request made by the City of Toronto to amend the Municipal Elections Act, 1996 to allow all permanent residents to vote in municipal elections. He further asked that Council accept the subject report as an update on the Compass Kitchener Work Plan. Councillor B. Vrbanovic advised that an in-camera meeting was held earlier this date at which time Council received advice that was subject to solicitor/client privilege. He requested that Council waive privilege to permit what was disclosed in-camera to be stated in open session. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey “That privilege be waived to permit Legal Services staff to disclose the advice given at an in- camera meeting held earlier this date with respect to the Municipal Elections Act.” Carried, Unanimously, by all members present. Mr. L. Tansley, Assistant City Solicitor, advised that Section 70(4) of the Municipal Elections Act prohibits municipalities from making a contribution to an election campaign, and Section 66(1) of that Act defines a contribution widely to include money, goods and services. He acknowledged that references to outside candidate websites do appear on the websites of some Ontario municipalities; however, it is generally accepted throughout Ontario and among the municipalities in the Region of Waterloo that publication of biographical information about candidates by a municipality falls within this prohibition. He stated that it is the position of Legal Services staff that the provision of biographical information about candidates, or the posting of links to biographical information, as COUNCIL MINUTES MARCH 3, 2014 41CITY OF KITCHENER - - suggested by Compass Kitchener, would contravene the requirements of the Act. He noted that this same opinion has been given to the City Clerk by staff from the Ministry of Municipal Affairs and Housing. He added that the Act invests the Clerk with a statutory responsibility to set the policies governing the provision of the municipal election, which cannot be overruled by Council. On motion by Councillor B. Vrbanovic, seconded by Councillor S. Davey, the recommendation contained in the Compass Kitchener report was brought forward for consideration with revisions to Clauses 2 and 3 to request that the Province consider amending the Municipal Elections Act to enable links to candidate websites and candidate biographical information to be posted on a municipality’s website and to permit permanent residents to vote in municipal elections. A motion was brought forward by Councillor K. Galloway-Sealock, seconded by Councillor P. Singh, to add a further clause to Councillor Vrbanovic’s motion to direct staff to develop an ongoing work plan to increase voter turnout, outside of the work proposed by Compass Kitchener, which is to be undertaken on a regular basis between municipal elections. Carried. Councillor K. Galloway-Sealock’s amendment was then voted on and was Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey “That the Compass Kitchener Voter Turnout Sub-Committee report, dated February 10, 2014 be accepted as an update on the Compass Kitchener Work Plan; and, That the Ministry of Municipal Affairs and Housing be requested to amend the Municipal Elections Act, 1996 as well as Form 1 (Nomination Paper) to allow municipal candidates to include website and biographical information on the municipality’s website, with a copy of this motion to be circulated to the Association of Municipalities of Ontario (AMO); and, That staff be directed to further investigate the City of Toronto initiative, including public consultation, requesting the Province to enact further amendments to the Municipal Elections Act, 1996 to allow all permanent residents to vote in municipal elections; and, That endorsement be given, in principle, to having Compass Kitchener follow-up on models that may increase citizen engagement generally in municipal affairs leading to increased voter engagement; and further, That staff be directed to develop an ongoing work plan to increase voter turnout, outside of the work proposed by Compass Kitchener, which is to be undertaken on a regular basis between municipal elections.” Carried Unanimously, by all members present. 6. DELEGATIONS – 6.a. – Downtown Development Charges (DC) Exemption Incentive Program Mr. Paul Puopolo, Polocorp Inc., addressed Council regarding the Downtown Development Charge (DC) Exemption Incentive Program, listed as Clause 4 on the Finance and Corporate Services Committee report. He requested that consideration be given to extending the financial incentives program and the DC exemption to lands in the King Street East area up to Betzner Avenue South until 2020 following which a review of the program could be undertaken. Mr. Peter Benninger also addressed Council with regards to Clause 4 on the Finance and Corporate Services Committee report and requested that the boundaries of the City’s Downtown DC exemption program be extended past Ottawa Street; thereby, encompassing the Ray of Hope lands which comprise of 432 Charles Street East, 851 King Street East and 5 Stirling Avenue South. On motion by Councillor S. Davey, seconded by Councillor B. Vrbanovic, Clause 4 on the Finance and Corporate Services Committee report was brought forward for consideration. A motion was brought forward by Councillor S. Davey, seconded by Councillor B. Vrbanovic, to amend Paragraph 1 of Clause 4 to remove the words ‘in principle’ as well as a portion of the last COUNCIL MINUTES MARCH 3, 2014 42CITY OF KITCHENER - - sentence stating ‘subject to the 2014 Development Charges Background Study being received, and the 2014-2019 Development Charges By-law being approved.’. Carried Councillor Davey’s amendment was then voted on and was on a recorded vote with Councillors D. Glenn-Graham, F. Etherington, S. Davey, Y. Fernandes and B. Vrbanovic voting in favour; and Mayor C. Zehr and Councillor K. Galloway-Sealock voting in opposition. Due to their disclosed pecuniary interests, neither Councillors B. Ioannidis nor P. Singh participated in this vote. Councillors J. Gazzola and Z. Janecki were absent from this meeting. Another motion was brought forward by Councillor by Councillor S. Davey, seconded by Councillor B. Vrbanovic, to amend Paragraph 2 of Clause 4 to have the boundary extended to Betzner Avenue in 2016. Carried Councillor Davey’s further amendment was then voted on and was on a recorded vote with Mayor C. Zehr and Councillors D. Glenn-Graham, S. Davey, and B. Vrbanovic voting in favour; and Councillor F. Etherington, K. Galloway-Sealock and Y. Fernandes voting in opposition. Due to their disclosed pecuniary interests, neither Councillors B. Ioannidis nor P. Singh participated in this vote. Councillors J. Gazzola and Z. Janecki were absent from this meeting. Moved by Councillor S. Davey Seconded by Councillor P. Singh “That Clause 4 of the Finance and Corporate Services Committee report be adopted, as amended.” Carried, on a recorded vote. Paragraph 1 – In Favour: Mayor C. Zehr and Councillors D. Glenn-Graham, F. Etherington, B. Vrbanovic and S. Davey Contra: Councillors K. Galloway-Sealock and Y. Fernandes Absent: Councillors J. Gazzola and Z. Janecki Pecuniary Interest & Abstention: Councillor B. Ioannidis as he owns property in the subject area. Councillor P. Singh as his parents own property in the vicinity of the subject area. Carried, on a recorded vote. Paragraph 2 – In Favour: Councillors D. Glenn-Graham, F. Etherington, B. Vrbanovic and S. Davey Contra: Mayor C. Zehr and Councillors K. Galloway-Sealock and Y. Fernandes Absent: Councillors J. Gazzola and Z. Janecki Pecuniary Interest & Abstention: Councillor B. Ioannidis as he owns property in the subject area. Councillor P. Singh as his parents own property in the vicinity of the subject area. COUNCIL MINUTES MARCH 3, 2014 43CITY OF KITCHENER - - Carried, on a recorded vote. Paragraph 3 – In Favour: Mayor C. Zehr and Councillors D. Glenn-Graham, F. Etherington, B. Vrbanovic, Galloway-Sealock and S. Davey Contra: Councillor Y. Fernandes Absent: Councillors J. Gazzola and Z. Janecki Pecuniary Interest & Abstention: Councillor B. Ioannidis as he owns property in the subject area. Councillor P. Singh as his parents own property in the vicinity of the subject area. 6. Sidewalk Installation Kennedy & Palmer Avenues Council was in receipt this date of correspondence from the Grand River Accessibility Advisory Committee (GRAAC), with respect to the installation of a sidewalk as part of the Kennedy and Palmer Avenues Reconstruction project, listed as Clause 5 on the Community and Infrastructure Services Committee report. GRAAC indicated that it is their position that any time road infrastructure is being upgraded or created within the City limits, sidewalks or multiuse pathways should be installed on both sides of the road. Mr. Terry Ross addressed Council in objection to the addition of a sidewalk to the north side of Kennedy and Palmer Avenues, as listed in Clause 5 on the Community and Infrastructure Services Committee report. He expressed concerns with the impact the proposed sidewalk may have on the boulevard trees and noted that a majority of area residents are opposed this work forming part of the road reconstruction project. He circulated copies of photographs which depict the five trees that would be adversely impacted on Kennedy Avenue as a result of the proposed sidewalk installation. A motion was brought forward by Councillor F. Etherington, seconded by Councillor P. Singh, to exclude the installation of the sidewalks on the north side of Kennedy and Palmer Avenues from the road reconstruction project. LOST Councillor Etherington’s motion was then voted on and was on a recorded vote with Councillors D. Glenn-Graham, Y. Fernandes, F. Etherington and P. Singh voting in favour; and, Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, K. Galloway-Sealock, and B. Ioannidis voting in opposition. Councillors J. Gazzola and Z. Janecki were absent from this meeting and accordingly they did not vote. Mayor Zehr advised that in the absence of another motion coming forward on this matter, Clause 5 of the Community and Infrastructure Services Committee report was redundant and the Kennedy and Palmer Avenues Reconstruction project would move forward as planned with the inclusion of the sidewalks. 6.b. - 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 Moved by Councillor F. Etherington Seconded by Councillor K. Galloway-Sealock PPE Solutions Inc., Val “That Tender T14-010 – Firefighter Bunker Gear, be awarded to Caron, Ontario, at their tendered price of $73,350.00, plus H.S.T. of $9,535.50, for a total of $82,885.50, with an option to renew for five (5) additional twelve (12) month terms.” COUNCIL MINUTES MARCH 3, 2014 44CITY OF KITCHENER - - - and - “That Tender T14-018 – Water Street South (King Street West to Joseph Street) Road 410754 Ontario Limited o/a Sousa Concrete, Branchton, Reconstruction, be awarded to Ontario at their tendered price of $571,554., including provisional items and contingencies of $59,130., plus H.S.T. of $74,302.02, for a total of $645,856.02.” - and - Roberts Onsite “That Tender T14-009 Cooling Tower Replacement – City Hall, be awarded to Inc., Kitchener, Ontario at their tendered price of $178,750., including alternate items of $13,750., plus H.S.T. of $ 23,237.50, for a total of $201,987.50.” - and - G.K. “That Tender T14-015 Sports Lighting – Peter Hallman Ball Yards, be awarded to Sullivan’s Electric Inc., Kitchener, Ontario at their tendered price of $176,767., including a contingency of $10,000., plus H.S.T. of $22,979.71, for a total of $199,746.71.” - and - “That Tender T14-004 – Filbert Street (Victoria Street North to Frederick Street) Road Terracon Underground Ltd., Brantford, Ontario Reconstruction, be awarded to at their tendered price of $1,088,435.47, including provisional items and contingencies of $77,480., plus H.S.T. of $141,496.61, for a total of $1,229,932.08.” - and - “That Expression of Interest E14-005 – Consultant Services – Doon South Sanitary Pumping MMM Group Limited, Thornhill, Ontario Station, be awarded to at their estimated fee of $671,112.20, including contingencies of $61,010.20, plus H.S.T. of $87,244.59, for a total of $758,356.79, based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Expression of Interest E14-008 – Consultant Services – Centre in the Square and Webb Kitchener Waterloo Symphony Strategic and Operational Review, be awarded to Management Services Inc., New York, New York at their estimated fee of $59,500., plus H.S.T. of $7,735., for a total of $67,235., based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Tender T13-098 – Roof Rehabilitation – Kitchener Memorial Auditorium, be awarded to Viana Roofing & Sheet Metal Limited, Toronto, Ontario at their reduced scope tendered price of $471,500.00, plus H.S.T. of $61,295.00, for a total of $532,795.” Carried. 7. COMMITTEE REPORTS – COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. Ioannidis Seconded by Councillor F. Etherington “That the report of the Community and Infrastructure Services Committee be adopted.” Councillor Y. Fernandes requested that Clause 6 of the Committee report be voted on separately. Voted on clause by clause. Carried Clause 6 – Carried. Balance of Report – COUNCIL MINUTES MARCH 3, 2014 45CITY OF KITCHENER - - 7. COMMITTEE REPORTS – FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor P. Singh “That the report of the Finance and Corporate Services Committee report be adopted.” Carried. 7. COMMITTEE REPORTS – PLANNING AND STRATEGIC INITIATIVES Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway-Sealock “That the report of the Planning & Strategic Initiatives Committee be adopted.” On motion by Councillor K. Galloway-Sealock, seconded by Councillor S. Davey, an amendment was brought forward to Clause 1 of the Committee report to include a provision to not permit any political advertising. Carried. Councillor Galloway-Sealock’s amendment was then voted on and was Carried The balance of the Planning & Strategic Initiatives Committee report was voted on and was , as amended. Moved by Councillor B. Ioannidis Seconded by Councillor F. Etherington “That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda.” Carried Unanimously. 8. UNFINISHED BUSINESS – 8.a. – Victoria Park Statue Project Council considered Councillor F. Etherington’s motion proposing that no further action be taken with respect to the use of City funding or City-owned land for the proposed statue project, which was deferred to this date from the February 24, 2014 special Council meeting and listed as item 8.a under Unfinished Business on the Council agenda. Mr. Harald Drewitz addressed Council in support of not pursuing the sesquicentennial proposal to erect 22 bronze statues of former Canadian Prime Ministers around the Commons Area in Victoria Park. Moved by Councillor F. Etherington Seconded by Councillor P. Singh “WHEREAS Kitchener residents were invited to respond via an online survey to indicate their support for a sesquicentennial proposal to erect 22 bronze statues of former Canadian Prime Ministers around the Commons Area in Victoria Park; and, WHEREAS 1,920 out of 2441 respondents (79 per cent) expressed opposition to the statue proposal, while only 521 (21 per cent) conveyed support; and, WHEREAS 78 per cent (1786 of 2294 respondents) expressed opposition to the City of Kitchener spending $300,000 over three years to construct the bases for the statues, while only 271 respondents (12 per cent) indicated support for this expenditure; THEREFORE BE IT RESOLVED that the City of Kitchener offer its sincere thanks to the promoters and supporters of the proposed statue project; and, COUNCIL MINUTES MARCH 3, 2014 46CITY OF KITCHENER - - BE IT FINALLY RESOLVED that no further action be taken with respect to the use of City funding or City owned land for the proposed statue project.” A recorded vote was requested. In Favour: Councillors D. Glenn-Graham, B. Vrbanovic, Y. Fernandes, K. Galloway-Sealock, B. Ioannidis, P. Singh, S. Davey and F. Etherington Contra: Mayor C. Zehr Absent: Councillors J. Gazzola and Z. Janecki Motion Carried. 8.b. – Council Policy I-442 (Flag Policy) Council considered Councillor F. Etherington’s motion to direct staff to undertake a review of Council Policy I-442 (Flag Policy) and to report back with a possible framework to govern requests received from the community for flag raisings on the outside poles in Civic Square, which was deferred to this date from the February 24, 2014 special Council meeting and listed as item 8.b under Unfinished Business on the Council agenda. Mr. Jim Parrott addressed Council in support of the motion put forward by Councillor Etherington. He commented that flying the Rainbow Flag is a gesture that could be undertaken during future pride celebrations to demonstrate the City’s support for the lesbian, gay, bisexual, transgender and queer (LGTBQ) community. On motion by Councillor Etherington, seconded by Councillor D. Glenn-Graham, Item 8.b under Unfinished Business was brought forward for consideration with a revision directing that staff report back to the May 12, 2014 Finance and Corporate Services Committee meeting. An amendment was put forward by Councillor B. Vrbanovic, seconded by Councillor K. Galloway- Sealock, to insert the word “possible” before the word “framework” and to include the phrase “or other appropriately located, highly visible community flag pole” to the end of Clause 5 of Councillor Etherington’s motion. Carried Councillor Vrbanovic’s motion was then voted on and was on a recorded vote with Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, K. Galloway-Sealock, Y. Fernandes, D. Glenn-Graham, and P. Singh in favour; and Councillors B. Ioannidis and F. Etherington voting in opposition. Councillors J. Gazzola and Z. Janecki were absent from this meeting and accordingly they did not vote. Moved by Councillor F. Etherington Seconded by Councillor D. Glenn-Graham “WHEREAS tri-Pride Community Association sought to have the rainbow flag flown at Kitchener City Hall to raise awareness about human and civil rights issues facing lesbian, gay, bisexual, transgender and queer (LGTBQ) athletes in Russia during the 2014 Sochi Olympic Games; and, WHEREAS Council Policy I-442 (Flag Policy) only permits the flying of the Canadian, provincial and City flags on the outside poles in Civic Square at Kitchener City Hall; and, WHEREAS tri-Pride and/or other community groups and associations may in the future wish to fly an appropriate flag outside Kitchener City Hall to indicate support for a festival, event or activity; and, WHEREAS numerous other Canadian Cities including Guelph, Toronto, Ottawa, Vancouver and St. John’s have successfully found ways to fly the rainbow flag outside their city halls during the 2014 Sochi Olympic Games; THEREFORE BE IT RESOLVED that staff be directed to undertake a review of Council Policy I-442 (Flag Policy) and report back to the May 12, 2014 Finance and Corporate Services COUNCIL MINUTES MARCH 3, 2014 47CITY OF KITCHENER - - Committee meeting with a possible framework to govern requests received from the community for flag raisings on the outside poles in Civic Square, or other appropriately located, highly visible community flag pole.” Carried, as Amended. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, B. Vrbanovic, K. Galloway-Sealock, Y. Fernandes, B. Ioannidis and P. Singh Contra: Councillors S. Davey and F. Etherington Absent: Councillors J. Gazzola and Z. Janecki 9. NEW BUSINESS – NIL 10. QUESTIONS AND ANSWERS – Questions were raised with respect to the status of road re-surfacing that would be undertaken in 2014, as it was previously indicated that the re-surfacing budget was needed to be redirected to assist with financing the Margaret Avenue Bridge Reconstruction project. Ms. P. Houston, Deputy CAO – Infrastructure Services, confirmed that staff had anticipated bringing forward a report on that matter in conjunction with providing a future status update on the Margaret Avenue Bridge. She agreed to provide a separate report on road resurfacing, which could include possible alternatives to enable some resurfacing to take place in 2014. 11. 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 licence street vendors in various locations until December 31, 2014, and listed as Clause 1 of the Finance and Corporate Services Committee report. Moved by Councillor B. Ioannidis Seconded by Councillor P. Singh “That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to amend Chapter 101 to the City of Kitchener Municipal Code with respect to Appointment of Staff. b. Being a by-law to provide for the establishing and laying out of part of River Ridge Street, Stillwater Street and Spring Creek Street as public highways in the City of Kitchener. c. Being a by-law to provide for the establishing and laying out of part of Rockcliffe Drive, Newcastle Drive and Newcastle Court as public highways in the City of Kitchener. d. To confirm all actions and proceedings of the Council. e. Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2014. 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 Y. Fernandes as Chair. COUNCIL MINUTES MARCH 3, 2014 48CITY OF KITCHENER - - On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Y. Fernandes Seconded by Councillor B. Ioannidis “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 B. Ioannidis Seconded by Councillor P. Singh “That the by-laws be given third reading, namely: a. Being a by-law to amend Chapter 101 to the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2014-020) b. Being a by-law to provide for the establishing and laying out of part of River Ridge Street, Stillwater Street and Spring Creek Street as public highways in the City of Kitchener. (By-law No. 2014-021) c. Being a by-law to provide for the establishing and laying out of part of Rockcliffe Drive, Newcastle Drive and Newcastle Court as public highways in the City of Kitchener. (By-law No. 2014-022) d. To confirm all actions and proceedings of the Council. (By-law No. 2014-023) e. Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2014. (By-law No. 2014-024) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 11:10 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 3, 2014 49CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That the Uniform Traffic By-law be amended to repeal the existing January 1 to March 31 parking prohibition on the outside (odd numbered houses) of Roberts Crescent between Kingswood Drive and Kingswood Drive and replace it with a three (3) hour parking time limit, as outlined in Infrastructure Services Department report INS-14-024. 2. That the Uniform Traffic By-law be amended to implement a 30 minute parking time limit on the east side of the southbound one-way section of Queens Boulevard from a point 44 meters north of North Drive to a point 25 meters north thereof, as outlined in Infrastructure Services Department report INS-14-027. 3. That the 2013 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg.170/03 Schedule 22 of the Safe Drinking Water Act; and further, That a copy of the City of Kitchener’s Summary Drinking Water report be provided to the Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg.170/03, as outlined in Infrastructure Services Department report INS-14-007. 4. That the ‘Financial Plan - Kitchener Water Distribution System’ be approved, as attached to the correspondence from S. Brisbane, dated February 19, 2014 which demonstrates the financial viability of the Kitchener drinking water system in accordance with Ontario Regulation 453/07 (Financial Plans) under Subsection 30 of the Safe Drinking Water Act. 5. That the selection procedures for Consulting and Professional Services outlined in Article 6 of Kitchener Municipal Code Chapter 170 (Purchasing and Materials Management) be waived to allow the Engineering Services for the Design and Contract Administration for the construction of the new Blair Creek Bridge to be awarded to MTE Consultants Inc. at the quoted price of $491,714.30 (HST excl.), as outlined in Infrastructure Services Department report INS-14-023; and further, That the proposed waiver be subject to confirmation being provided prior to the March 3, 2014 Council meeting that the Blair Creek Bridge is required before the Waterloo Regional District School Board can proceed with opening a new school located in the Doon South area of Kitchener. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That a new by-law to licence Street Vendors in the City of Kitchener be prepared for consideration at the March 3, 2014 Council meeting, as outlined in Finance and Corporate Services Department report FCS-14-024. 2. That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400 Ottawa Street South, from May 1 to 11 and October 1 to 5, 2014, subject to the following: Date of Operation Hours of Operation Thursday, May 1 3:30 p.m. - 10:00 p.m. Friday, May 2 3:30 p.m. - 11:00 p.m. Saturday, May 3 10:00 a.m. - 11:00 p.m. Sunday, May 4 11:00 a.m. - 10:00 p.m. Monday-Thursday, May 5-8 3:30 p.m. - 10:00 p.m. Friday, May 9 3:30 p.m. - 11:00 p.m. Saturday, May 10 10:00 a.m. - 11:00 p.m. Sunday, May 11 11:00 a.m. - 08:00 p.m. Wednesday & Thursday, October 1 & 2 3:30 p.m. - 10:00 p.m. COUNCIL MINUTES MARCH 3, 2014 50CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 2. (Cont’d) Friday, October 3 3:30 p.m. - 11:00 p.m. Saturday, October 4 10:00 a.m. - 11:00 p.m. Sunday, October 5 11:00 a.m. - 10:00 p.m. 3. That food trucks continue to be licenced as special events under Kitchener Municipal Code Chapter 586 (Refreshment Vehicles); and, That staff be directed to consult with the industry and other affected parties and report back to the April 28, 2014 Finance and Corporate Services Committee meeting, or earlier, with appropriate regulations and license fees, which would consider the following: possible food truck zones at McLellan Park, Huron Natural Area / Huron Industrial Park area, Budd Park (subject to discussions with Kitchener Soccer), Southwest Optimist Park, Victoria Park and others locations that may identify for possible licensing in the 2014 calendar year; and, possible food truck zone in the former Bramm Street yards / Innovation District area, as well as the Kitchener Operations Facility, for possible commencement to license in the 2014 calendar year; and, begin a formal discussion process with the City’s Business Improvement Areas about the enhanced role, beyond special events, that food trucks could play in those areas, for a report and possible licensing later in 2014 or in 2015; and, a possible reduction to the existing 200 meter and 400 meter distance separations listed in Kitchener Municipal Code Chapter 586 (Refreshment Vehicles), which would apply to food trucks, based on best practices in place or being considered in other cities; and further, That subject to the final resolution on this matter, staff be directed to undertake an annual review to the approach taken to licence food trucks. 4. That approval be given to exclude Downtown Kitchener from the development charge calculations and application of the by-law, resulting in no growth-related capital costs associated with Downtown Kitchener being included in the Background Study and no development charges being levied on development in the Downtown; and, That in 2016 the Downtown boundary be extended to Betzner Avenue, as outlined in Chief Administrator’s Office report CAO-14-006, for the purpose of providing Development Charges exemptions to include this area; and further, That through the development of the 2014 Development Charges By-law, a clear intention be established to discontinue the Downtown exemption prior to the subsequent Development Charges Background Study and By-law, currently anticipated for 2019. (Dealt with under Delegations and Carried, as Amended) 5. That Council Policy I-1205 (Outdoor Patio Encroachment), be amended in the form shown in the appendix attached to Chief Administrator’s Office report CAO-14-012, making minor modifications to the Downtown Patio Encroachment Policy; and further, That the Fees and Charges Schedule be amended to establish a two-tiered Patio Encroachment Fee, whereby patios with an occupancy of 10 or fewer be charged $100 and patios with an occupancy of 11 seats or more be charged $319. COUNCIL MINUTES MARCH 3, 2014 51CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 6. That Council Policy I-15 (Corporate Accountability and Transparency) be repealed and replaced with the updated Policy attached as Appendix B to Finance and Corporate Services Department report FCS-14-005; and further, That the Open Government Action Plan for 2014-2017 be approved, attached as Appendix E to Report FCS-14-005, be approved and staff be directed to proceed with the following priority actions in 2014: • Participation: Community Engagement Policy and e-Participation initiatives; • Transparency: Open Data Launch; and, • Accountability: Strategic Plan Community Assessment, City Website and Accessible Reporting initiatives. PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That the Municipal Advertising Policy, attached to Community Services Department report CSD-14-012, be approved with the inclusion of a provision to not permit any political advertising; and further, That the Municipal Website Policy, attached to Report CSD-14-012, be approved with the inclusion of a provision to not post links to any candidates’ material on the City’s website. (As Amended) 2. That approval of the Startup Landing Pad Program, as shown in the attached appendices of Chief Administrator’s Office report CAO-14-011, be referred to a subsequent Council meeting after such time as the Ministry of Municipal Affairs and Housing has completed their pre-consultation review; and further, That staff be directed to provide an update on the Startup Landing Pad Program in 2017. COUNCIL MINUTES MARCH 3, 2014 52CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – 1.Various Tenders Dealt with under Delegations. 2.FCS-14-027 – Uncollectable Utility Accounts Write-off Council considered Finance and Corporate Services Department report FCS-14-027 (J. Evans), dated February 3, 2014. It was resolved: “That uncollectable Utility Accounts amounting to $38,429 be written off against the Allowance for Doubtful Utility Receivables.” 3.FCS-14-028 – Uncollectable Miscellaneous Receivable Accounts Write-off Council considered Finance and Corporate Services Department report FCS-14-028 (J. Evans), dated February 3, 2014. It was resolved: “That uncollectable Miscellaneous Receivable Accounts amounting to $18,017 be written off against the Allowance for Doubtful Receivables.” 4.INS-14-018 – School Pedestrian Safety – Jean Steckle Public School Council considered Infrastructure Services Department report INS-14-018 (J. Readman), dated February 19, 2014. It was resolved: “That the Adult Crossing Guard Facility located on Huron Road at Featherstone Street be relocated to Woodbine Avenue at Seabrook Drive.” 5.FCS-14-038 – Committee of Adjustment Sign and Fence Variances Council considered Finance and Corporate Services Department report FCS-14-038 (D. Saunderson), dated February 19, 2014. It was resolved: “That the application of Vista Waterloo Limited Partner (SG 2014-001 – 105 King Street East) requesting permission to legalize a ground sign in a D-1 Zone whereas the By-law does not permit ground signs in a D-1 Zone; to be located in the driveway visibility triangle with a clearance of 1.45m (4.76‘) from the ground rather than the required 2.44m (8.005’); and, to permit the ground supported sign to be installed without a municipal address whereas the By-law requires all ground supported signs to contain a municipal address, on Part Lot 4 and Lot 5, South Side of King Street, Plan 364, being Part 1 on Reference Plan BE APPROVED 58R-2957, 105 King Street East, Kitchener, Ontario, , subject to the following condition: COUNCIL MINUTES MARCH 3, 2014 53CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 5.FCS-14-038 – Committee of Adjustment Sign and Fence Variances (Cont’d) 1. That the owner shall obtain a sign permit from the City’s Planning Division for the proposed ground supported sign no later than April 30, 2014.” - and - “That the application of Zdravko & Momirka Mutlak (FN 2014-001 – 3 Sandwell Court) requesting permission to legalize an existing wrought iron fence located 0.62m (2.034’) from the side lot line abutting Briarmeadow Drive rather than the required 1.5m (4.92’); to be setback 0m from the driveway rather than outside the required 4.57m (15') driveway visibility triangle; to be setback 0m from the corner of the property at Sandwell Court and Briarmeadow Drive rather than outside the required 7.5m (24.606’) corner visibility triangle; and, located within the front yard having a height of 1.01m (3.13’) whereas the By-law does not permit fences within the front yard exceeding 0.9m (2.95’), on Lot 52, Registered BE APPROVED Plan 58M-275, 3 Sandwell Court, Kitchener, Ontario, , subject to the following condition: 1. That the owner shall remove the existing tree located within the 7.5m corner visibility triangle by May 30, 2014.” 6.FCS-14-035 – Dog Designation Appeal Committee – Daly Council considered Finance and Corporate Services Department report FCS-14-035 (D. Livingstone), dated February 18, 2014. It was resolved: “That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Catherine Daly, wherein the Committee substitutes the Prohibited Dog Designation applied to her dog ‘Budweiser’ by the Kitchener-Waterloo and North Waterloo Humane Society and assigns the Designation of Dangerous Dog with conditions for the keeping of said dog, be ratified and confirmed.”