Loading...
HomeMy WebLinkAboutCouncil - 2014-03-31COUNCIL MINUTES MARCH 31, 2014 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by Emily Weir. 2. MINUTES — On motion by Councillor K. Gal loway-Sea lock, the minutes of the regular meeting held March 3, 2014 and special meetings held March 3 & 17, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATION REFERRED TO FILE — a. Letter dated February 25, 2014 from Premier Kathleen Wynne acknowledging Council's resolution regarding the proposed Great Lakes Protection Act. 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a - Sidewalk Installation Kennedy & Palmer Avenues Mr. Terry Ross addressed Council in objection to the addition of a sidewalk on the north side of Kennedy and Palmer Avenues, which was previously considered at the March 3, 2014 Council meeting. 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 to it forming part of the road reconstruction project. A motion was brought forward by Councillor F. Etherington, seconded by Councillor Y. Fernandes, to reconsider the March 3, 2014 decision regarding the installation of a sidewalk on Kennedy and Palmer Avenues. Councillor Etherington's motion was voted on and LOST on a recorded vote with Councillors D. Glenn- Graham, F. Etherington, Y. Fernandes, J. Gazzola and Z. Janecki voting in favour; and Mayor C. Zehr and Councillors B. loannidis, P. Singh, K. Galloway - Sealock, S. Davey and B. Vrbanovic voting in opposition. 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. Questions were raised regarding Tender T14 -016 (Stirling Avenue Bridge — GEXR Overpass), listed as Item B.1.iv on the Committee of the Whole Agenda. Ms. P. Houston, Deputy CAO — Infrastructure Services, agreed to investigate the potential for community input into the inclusion of an imprint or QR code stamp to mark the history of the bridge. In response to questions raised regarding Tender T14 -020 (Closed Circuit T.V. Inspection of Gravity Sewers), listed as Item B.1.v on the Committee of the Whole Agenda, Ms. Houston indicated consideration could be given to possibly awarding this tender in the future on a multi -year basis. Questions were raised regarding Tender T14 -022 (King Edward Neighbourhood Road Reconstruction), listed as Item B.1.ix on the Committee of the Whole Agenda. Ms. Houston agreed to provide additional details as to the process used to determine the streets that would be addressed in 2014, versus those that would be reconstructed in 2015. COUNCIL MINUTES MARCH 31, 2014 -57- CITY OF KITCHENER Moved by Councillor B. loannidis Seconded by Councillor S. Davey "That Tender T14 -003 — Trenchless Watermain Rehabilitation Contract, be awarded to Fer -Pal Construction Ltd., North York, Ontario at their tendered price of $908,865., including provisional items and contingencies of $120,475., plus H.S.T. of $118,152.45, for a total of $1,027,017.45." - and - "That Expression of Interest E14 -017 — Consultant Services — Geotechnical Investigation /Design & Material Testing, be awarded to AMEC Environmental & Infrastructure, Cambridge, Ontario at their estimated fee of $333,976., plus H.S.T. of $43,416.88, for a total of $377,392.88, based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Expression of Interest E13 -100 — Consultant Services — Class Environmental Assessment and Preliminary Design for Idlewood Creek (Fairway Road to Outlet at Grand River), be awarded to AMEC Environmental & Infrastructure, Burlington, Ontario at their estimated fee of $128,434.63, including contingencies of $11,675.88, plus H.S.T. of $16,696.50, for a total of $145,131.13, based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Tender T14 -016 — Stirling Avenue Bridge — GEXR Overpass (Bridge ID #821) Rehabilitation, be awarded to McLean Taylor Construction Limited, St. Marys, Ontario at their tendered price of $848,211.54, including provisional items and contingencies of $89,842., plus H.S.T. of $110,267.50, for a total of $958,479.04." fir! "That Tender T14 -020 — Closed Circuit T.V. Inspection of Gravity Sewers, be awarded to Badger Daylighting Ltd. (Division — Benko Sewer Service), London, Ontario, at their tendered price of $412,663.82, including contingencies of $14,000., plus H.S.T. of $53,646.30, for a total of $466,310.12." - and - "That Tender T14 -002 — Road and Surface Construction, be awarded to E. & E. Seegmiller Limited, Kitchener, Ontario at their tendered price of $1,628,274., including provisional items and contingencies of $81,829.45, plus H.S.T. of $211,675.62, for a total of $1,839,949.62." - and - "That Tender T14 -030 — Road Seal Resurfacing Contract, be awarded to Duncor Enterprises Inc., Barrie, Ontario at their tendered price of $132,260., plus H.S.T. of $17,193.80, for a total of $149,453.80." - and - "That Tender T14 -001 — Cured in Place Sanitary Sewer Lining Contract, be awarded to Insituform Technologies Limited, Hamilton, Ontario at their tendered price of $245,850., including provisional items and contingencies of $60,350., plus H.S.T. of $31,960.50, for a total of $277,810.50." - and - "That Tender T14 -022 - King Edward Neighbourhood (Glasgow St. (Walter St. to Park St.), Gruhn St. (Agnes St. to Glasgow St.), Wellington St. South (Walter St. to King St. West), Walter St. (Glasgow St. to Wellington St. South), Dominion St. (Strange St. to Agnes St.), Agnes St. (King St. West to Dominion St.) Road Reconstruction, be awarded to J. Weber Contracting Limited, Breslau, Ontario at their corrected tendered price of $5,085,756.45, including provisional items and contingencies of $920,560., plus H.S.T. of $661,148.34, for a total of $5,746,904.79." Carried. COUNCIL MINUTES MARCH 31, 2014 -58- CITY OF KITCHENER 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Council was in receipt of Infrastructure Services Department report INS -14 -047 (J. Readman) regarding the on- street parking regulations for Pandora Crescent, listed as Clause 5 of the Community and Infrastructure Services Committee report. Council was also in receipt of Chief Administrator's Office report CAO -14 -020 (R. Regier) containing revised recommendations pertaining to the Tier 2 Community Grants for 12 Angry Filmmakers, G33K Art Show and Neruda Arts; listed as e, f and g in Clause 8 of the Community and Infrastructure Services Committee report. Moved by Councillor B. loannidis Seconded by Councillor F. Etherington "That the report of the Community and Infrastructure Services Committee be adopted, as amended." Mayor C. Zehr advised that Clause 5 as well as Clause 8e, 8f and 8g would be voted on separately as consideration of those Clauses was deferred to this meeting. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor J. Gazzola, to amend Clause 8g to award a 2014 Tier 2 Community Grant to Neruda Art in the amount of $15,000. ($11,000. cash; $4,000. in- kind), as opposed to the $8,000. Tier 2 Community Grant outlined in Report CAO -14 -020. Questions were raised as to the funding source that would be utilized to accommodate this proposed over expenditure. Mr. M. May, Deputy CAO — Community Services, advised there is no additional funding available within the Tier 2 Community Grant budget. He stated that unless a specific funding source was identified by Council, the proposed amendment would be shown as an over expenditure within that budget. He added that Neruda Arts is eligible to move into Tier 1 next year, and there would be an expectation on behalf of Neruda Arts that this funding would be maintained at this elevated amount. He noted that if Neruda was to move into Tier 1 at this elevated amount it would mean there would be less funding within the Tier 2 budget for other groups in the future. Additional questions were raised as to whether funding could be provided through the Special Events budget to accommodate the grant increase. Mr. R. Regier, Execute Director, Economic Development, advised that following March 17, 2014 Committee meeting, staff undertook a further review of that budget and determined no funding is available that could be applied to the Tier 2 Grants. Councillor Vrbanovic revised his proposed amendment to indicate the additional funding proposed for Neruda Arts would be reflected as an Operating Budget over expenditure. Councillor Vrbanovic's amendment was then voted on and was Carried on a recorded vote with Councillors B. Vrbanovic, J. Gazzola, Y. Fernandes, B. loannidis, F. Etherington, and D. Glenn - Graham voting in favour; and, Mayor C. Zehr and Councillors S. Davey, P. Singh, K. Galloway - Sealock and Z. Janecki voting in opposition. Community and Infrastructure Services Committee report was then voted on clause by clause. Clause 5 — Carried. Clause 8e — Carried. Clause 8f — Carried. Clause 8g — Carried, as amended. Balance of Report — Carried. COUNCIL MINUTES MARCH 31, 2014 _59- CITY OF KITCHENER 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor B. Vrbanovic Seconded by Councillor K. Gal loway - Sealock "That the report of the Planning & Strategic Initiatives Committee be adopted." Councillor Z. Janecki requested that Clause 2 of the Committee report be voted on separately. Voted on clause by clause. Clause 2 — 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, J. Gazzola, P. Singh and D. Glenn- Graham. Contra: Councillor Z. Janecki. Balance of Report — Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor F. Etherington Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9. a. Special Events Planning On motion by Councillor P. Singh, seconded by Councillor F. Etherington, the special events planning motion listed as Item 9.a on the Council agenda was brought forward for consideration, with revised wording for Clauses 6 and 7 as well as an additional clause to provide for the development of a mechanism to address any concerns during and after a new event. Councillor Etherington brought forward an amendment to the last clause of Councillor Singh's motion to require a public information session in instances where there are changes affecting the time length, content, location or noise level. Concerns were expressed with the revised wording of Clause 6, which would require a public information session for events held at private facilities. Mr. J. Willmer, Chief Administrative Officer, advised the City would probably not have the capacity to enforce such a provision, except possibly through some form of licensing approval. Additional concerns were raised with having this provision apply to all City facilities such as the Kitchener Memorial Auditorium Complex, which regularly hosts different types of events and which would be impacted by this proposal. Councillor Singh advised he would be willing to revise his motion to have it apply only to City -owned outdoor facilities. Further concerns were expressed with the provision to require a public information session when content changes have been made to an event. It was suggested this would be overly constraining on event planners that may need to adjust their list of performers or some other matter as part of the event planning process. Councillor Etherington advised he would be amenable to removing the word "content" from his amendment. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor D. Glenn- Graham, to defer consideration of Councillor Singh's motion, as amended, to the June 9, 2014 Community and Infrastructure Services Committee meeting. COUNCIL MINUTES MARCH 31, 2014 -60- CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn- Graham "That consideration of the following motion be deferred to the June 9, 2014 Community and Infrastructure Services Committee meeting to allow time for staff to investigate and provide further information on the development of guidelines for large scale events at City -owned outdoor facilities: `WHEREAS the Special Events section of Economic Development works to attract and facilitate events to the City of Kitchener; and, WHEREAS numerous City recreational parks and facilities may be leased for various types of events; and, WHEREAS large events attracting high attendance of economic benefit to the community but may also be disruptive to surrounding neighbourhoods; and, WHEREAS the City of Kitchener and its residents place high priority on their quality of life, requiring consideration be given to resident concerns; and, WHEREAS in planning of the Big Music Festival, neighbourhood consultation was not a required process resulting in numerous concerns being expressed by area resident; THEREFORE BE IT RESOLVED that staff develop guidelines for large scale community events which may take place at City -owned outdoor facilities; BE IT FURTHER RESOLVED that a public information session be required for informing residents when new events are being introduced into a neighbourhood, outlining only the general nature of the event, expected impact and projected attendance; BE IT FURTHER RESOLVED that there also be a mechanism to address any concerns both during and after such new event; and, BE IT FINALLY RESOLVED that unless there are changes affecting the time length, location or noise level, the public information session shall not be required if the City park or facility has previously been used for a similar event. "' A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Gazzola, K. Galloway - Sealock, D. Glenn - Graham, S. Davey and Y. Fernandes. Contra: Councillors B. loannidis, Z. Janecki, B. Vrbanovic, P. Singh and F. Etherington. Motion Carried. 9.b. Canada Post Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey "WHEREAS Canada Post, this past December announced significant changes to mail delivery in Canada as part of its Five Point Action Plan (FPAP); and, WHEREAS under the plan, it is proposed that there be a new tiered pricing model for letter - mail that will significantly increase the costs of municipal mail -outs; and, WHEREAS Canada Post is also proposing the introduction of community mailboxes (CMB's) and the elimination of door -to -door mail delivery, thus impacting especially seniors and persons with disabilities; and, COUNCIL MINUTES MARCH 31, 2014 -61- CITY OF KITCHENER WHEREAS the residents of the City of Kitchener have issues of concern related to the placement of the new community mailboxes which may include, but not be limited to: access for seniors and persons with disabilities, the location of the boxes, traffic, parking, land use policy, street lighting, littering, snow and ice clearance, theft and vandalism; and, WHEREAS municipalities were not consulted on the proposed changes of the FPAP including the above listed concerns and their potential budgetary implications resulting from a possible downloading of costs from the federal government to municipalities; THEREFORE BE IT RESOLVED that the City of Kitchener, through the Federation of Canadian Municipalities request that Canada Post commit to having meaningful consultations with Canada's cities and communities before implementation of the plan; BE IT FURTHER RESOLVED that the above consultations lead to a set of agreed upon principles nationally, as well as a mechanism to accommodate area - specific requirements with any local implementation, if this part of the FPAP proceeds; BE IT FURTHER RESOLVED that Canada Post commit that the proposed changes in the FPAP will not download the costs and maintenance of the community mailboxes onto municipalities without proper consultation and compensation; and, BE IT FINALLY RESOLVED that this resolution be shared with the Federation of Canadian Municipalities, local MP's and the Minister responsible for Canada Post." Carried Unanimously on a recorded vote. 9.c. Emerald Ash Borer Councillor P. Singh advised he wished to introduce a motion and requested the requirements for giving Notice of Motion be waived. Moved by Councillor P. Singh Seconded by Councillor Y. Fernandes "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 the Emerald Ash Borer (EAB). Carried, with the required 2/3 vote of the whole of Council. Moved by Councillor P. Singh Seconded by Councillor Y. Fernandes "That Council re- consider its decision of January 30, 2014 regarding Item 117 on the 2014- 2016 Business Plan to reprioritize the Operations Division's activities relative to the Emerald Ash Borer (EAB) as well as reconsidering its January 17, 2013 decision to clarify that the remaining balance of the $320,000 Local Environmental Action Fund (LEAF) allocation to deal with the EAB be divided between Ward 6 and Ward 4." A recorded vote was requested. In Favour: Councillors S. Davey, B. Vrbanovic, Y. Fernandes, P. Singh, F. Etherington, D. Glenn - Graham, Z. Janecki and B. loannidis Contra: Mayor C. Zehr and Councillors J. Gazzola and K. Galloway- Sealock Motion Carried with required 2/3 majority of members present. COUNCIL MINUTES MARCH 31, 2014 -62- CITY OF KITCHENER A motion was brought forward by Councillor P. Singh, seconded by Councillor Y. Fernandes, to amend Item 117 (Operations - Emerald Ash Borer) on the 2014 -2016 Business Plan to give priority in 2014 to the completion of tree stumping and replanting in areas where boulevard trees have already been cut as well as amending Clause 17 of the January 17, 2013 Finance & Corporate Services Committee report to indicate that the remaining balance of the $320,000 LEAF allocation to deal with the EAB be divided between Ward 6 and Ward 4. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor D. Glenn- Graham, to defer consideration of Councillor Singh's motion to the May 12, 2014 Community and Infrastructure Services Committee meeting to allow time for additional information to be provided with regards to the impact the proposal would have on the overall tree removal program as well as the City -wide efforts to mitigate the effects of the EAB. Councillor Singh requested the deferral pertaining to each operative clause be voted on separately. Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn- Graham "That consideration of the following motion be deferred to the May 12, 2014 Community and Infrastructure Services Committee meeting to allow time for staff to report back with additional information on this matter: `WHEREAS the efforts to mitigate the effects of the Emerald Ash Borer (EAB) infestation has had considerable impact to both Ward 6 and Ward 4; and, WHEREAS the impact of the EAB on the City's trees has created numerous concerns from residents especially considering the ongoing incomplete removal and absent of any hard timeline for stumping and replanting; and, WHEREAS the reprioritization of funding from the Local Environmental Action Fund (LEAF) was nowhere near the required funding to both stump and replant boulevard trees in both Ward 6 and Ward 4; and, WHEREAS to mitigate the City wide effects of EAB infestation is an extensive multiyear work plan; THEREFORE BE IT RESOLVED that Item 117 (Operations - Emerald Ash Borer) on the 2014 -2016 Business Plan approved at the January 30, 2014 special Council meeting (Final Budget Day), be amended to give priority in 2014 to the completion of tree stumping and replanting in areas where boulevard trees have already been cut; and, BE IT FINALLY RESOLVED that Clause 17 of the Finance & Corporate Services Committee report approved at the January 17, 2013 special Council meeting (Final Budget Day), be amended to indicate that the remaining balance of the $320,000 LEAF allocation to deal with the EAB be divided between Ward 6 and Ward 4. "' Deferral of Clause 5 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Gazzola, K. Galloway - Sealock, S. Davey, B. Vrbanovic, D. Glenn- Graham, Z. Janecki and B. loannidis. Contra: Councillors Y. Fernandes, P. Singh and F. Etherington. Deferral of Clause 6 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Gazzola, K. Galloway - Sealock, D. Glenn - Graham, Z. Janecki and B. loannidis. COUNCIL MINUTES MARCH 31, 2014 -63- CITY OF KITCHENER Contra: Councillors Y. Fernandes, S. Davey, B. Vrbanovic, P. Singh and F. Etherington. Balance of motion — Carried. 10. QUESTIONS AND ANSWERS — Questions were raised by Councillor B. Vrbanovic regarding new infrastructure funding is being offered by the Federal Government. Mr. D. Chapman, Deputy CAO — Finance and Corporate Services, advised staff are in the process of reviewing all of the information that has been released to date with respect to the Building Canada Fund, noting a report is anticipated to be brought forward on this matter in the near future. Additional questions were raised as to whether any budgetary corrective measures needed to be made concerning the snow budget as well as an update on the plan to address potholes and tree clean -up. Ms. P. Houston agreed to provide a report to a future Community & Infrastructure Services Committee meeting on this matter. Councillor Y. Fernandes sought clarification regarding the rationale for the 2013 consulting costs between $25,000. and $100,000. by vendor as well as information on the costs associated with items under $25,000., which do not require approval by Kitchener City Council. At the direction of Mayor C. Zehr, it was agreed Councillor Fernandes would draft a resolution regarding this matter to be considered at the April 7, 2014 Finance and Corporate Services Committee meeting. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add two additional by -laws for three readings this date relating to a Zoning By -law and an Official Plan Amendment for 820 Victoria Street North. Moved by Councillor Y. Fernandes Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. C. 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. d. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. e. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. f. Being a by -law to provide for the widening of part of Goodrich Drive as a public highway in the City of Kitchener. g. Being a by -law to exempt certain lots from Part Lot Control — Part of Lots 74 to 84 inclusive, Registered Plan 58M -568 — Renfrew Street. h. Being a by -law to assume certain lands within the City of Kitchener as a public highway. Being a by -law to amend the Downtown Kitchener Community Improvement Plan Project Area. Being a by -law to amend the Downtown Kitchener Community Improvement Plan. COUNCIL MINUTES MARCH 31, 2014 -64- CITY OF KITCHENER k. To confirm all actions and proceedings of the Council. Being a by -law to adopt Amendment No. 100 to the Official Plan. M. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Victoria Trio Inc. — 820 Victoria Street North. 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 K. Galloway - Sealock as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor K. Galloway- Sealock Seconded by Councillor S. Davey "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. 14. BY -LAWS (THIRD READING) - Moved by Councillor Y. Fernandes Seconded by Councillor B. Vrbanovic "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. 2014 -026) b. 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. 2014 -027) C. 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. 2014 -028) d. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. (By -law No. 2014 -029) e. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2014 -030) COUNCIL MINUTES MARCH 31, 2014 -65- CITY OF KITCHENER f. Being a by -law to provide for the widening of part of Goodrich Drive as a public highway in the City of Kitchener. (By -law No. 2014 -031) g. Being a by -law to exempt certain lots from Part Lot Control — Part of Lots 74 to 84 inclusive, Registered Plan 58M -568 — Renfrew Street. (By -law No. 2014 -032) h. Being a by -law to assume certain lands within the City of Kitchener as a public highway. (By -law No. 2014 -033) Being a by -law to amend the Downtown Kitchener Community Improvement Plan Project Area. (By -law No. 2014 -034) j. Being a by -law to amend the Downtown Kitchener Community Improvement Plan. k. To confirm all actions and proceedings of the Council. Being a by -law to adopt Amendment No. 100 to the Official Plan. (By -law No. 2014 -035) (By -law No. 2014 -036) (By -law No. 2014 -037) M. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Victoria Trio Inc. — 820 Victoria Street North. (By -law No. 2014 -038) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:17 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 31, 2014 -66- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the Uniform Traffic By -law be amended to prohibited parking at anytime on the north side (odd number side) of Sims Estate Place from Sims Estate Drive to its easterly limit, as outlined in Infrastructure Services Department report INS -14 -017. 2. That the Uniform Traffic By -law be amended to repeal the existing January 1 to March 31 parking prohibition on the inside (even numbered houses) of Hillbrook Crescent between Elm Ridge Drive and Elm Ridge Drive and replace it with a three (3) hour parking time limit, as outlined in Infrastructure Services Department report INS -14 -025. 3. That the Uniform Traffic By -law be amended to repeal the existing January 1 to March 31 parking prohibition on the west side of Inverness Drive between Aberdeen Road and Huntley Crescent and replace it with a three (3) hour parking time limit, as outlined in Infrastructure Services Department report INS -14 -026. 4. That the Uniform Traffic By -law be amended to prohibited parking on the west side of Mount Hope Street from King Street to a point 35 meters south thereof, as outlined in Infrastructure Services Department report INS -14 -032. 5. That parking be prohibited at anytime from January 1 to March 31 on the west side of Pandora Avenue North from Lydia Street to Pandora Crescent; and, That parking be prohibited at anytime from January 1 to March 31 on both sides of the northbound one -way section of Pandora Crescent from a point 45 metres north of Pandora Avenue North to East Avenue; and, That parking be prohibited at anytime from January 1 to March 31 on both sides of the southbound one -way section of Pandora Crescent from Pandora Avenue North to East Avenue; and further, That the Uniform Traffic By -law be amended accordingly, as outlined in Infrastructure Services Department report INS -14 -033. 6. That the existing five (5) speed humps and two (2) raised crosswalks be maintained permanently on Morgan Avenue between River Road and Fairway Road, as outlined in Infrastructure Services Department report INS -14 -028. 7. That the Director of Supply Services be authorized to increase Purchase Order 204384 for MMM Group by $20,349. plus applicable taxes, as outlined in Community Services Department report CSD -14 -020. 8. That the 2014 Community Grants Tier 2, be approved as outlined in Appendix `B' of Community Services Department report CSD -14 -016, save and except the following: a) That a 2014 Community Grant Tier 2 in the amount of $200. be approved to the World Religions Conference; and, b) That a 2014 Community Grant Tier 2 to Pakistan Canada Association be increased from $1,000. (in -kind) to $2000. ($1,000. cash; $1,000. in kind); and, c) That a 2014 Community Grant Tier 2 to Community Coalition on Refugee and Immigrant Concerns be amended from $2,000. (in -kind) to $2,000. (cash); and, d) That a 2014 Community Grant Tier 2 to Alternatives Journal for NIGHT \SHIFT 2014 be amended from $5,000. (in -kind) to $5,000. ($2,500. in -kind; $2,500. cash); and, e) That a 2014 Community Grant Tier 2 not be approved for 12 Angry Filmmakers, but that Economic Development staff work with the organization to better define the project and seek opportunities to support the film cluster through collaboration, networking events and the Kitchener Studio Project; and, COUNCIL MINUTES MARCH 31, 2014 -67- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 8. (Cont'd) f) That a 2014 Community Grant Tier 2 in the amount of $1,000. be approved as a cash grant to The G33K Art Show, and that Economic Development staff work with the G33K Art Show to explore alternative venues, and additional exhibition opportunities in City of Kitchener facilities; and further, g) That a 2014 Community Grants Tier 2 in the amount of $15,000. ($11,000. cash; $4,000. in -kind) be approved for Neruda Arts as an operating budget over - expenditure, and Economic Development staff will evaluate and consider additional requests for in- kind support as Kitchener based programming is developed. (Carried, as Amended) 9. That the 2013 City of Waterloo Drinking Water Summary Report be received for information as required by O.Reg 170/03 Schedule 22 of the Safe Drinking Water Act, as outlined in Infrastructure Services Department report INS -14 -009; and further, That the six 2013 Region of Waterloo Annual Water Quality Reports, as attached to Report INS -14 -009 (Strange St. Well Supply System, Well K34, Mannheim Water Treatment Plant and Pumping Station, Greenbrook Well Supply System, Woolners Well Supply -K80s and the Parkway Well Supply System) be received for information as required by O.Reg 170/03 Schedule 22 of the Safe Drinking Water Act. 10. That the Rock Revival & Variety Show Committee be approved as an affiliated group with the City of Kitchener as outlined in Community Services Department report CSD -14 -019; and further, That the Rock Revival & Variety Show Committee, be approved as an insured group with the City of Kitchener's third party liability insurance program. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That staff be directed to publish a Development Charge Background Study and hold a statutory public meeting prior to passing a by -law to authorize the collection of development charges as required under Section 12 of the Development Charges Act; and further, That to facilitate the DC Background Study, confirmation be given as to the future intent to conduct the following capital projects as outlined in Finance and Corporate Services Department report FCS -14 -042: 2. That Official Plan Amendment Application OP13/05/V /ATP for 820 Victoria Street North (Victoria Trio Inc.) requesting to introduce Special Policy 53 to permit a `Religious Institution' use on the parcel of land illustrated as the `Subject Area' on Schedule A be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department Development Charge Project Service Area Master Plan Identified Rockway Centre Indoor Recreation Leisure Facilities Master Plan South End Indoor Turf Field Indoor Recreation Leisure Facilities Master Plan Grand River Park Outdoor Recreation Leisure Facilities Master Plan Provision for Additional Tanker Fire Fire Master Plan New Fire Technology Arising from Master Plan Fire Fire Master Plan 2. That Official Plan Amendment Application OP13/05/V /ATP for 820 Victoria Street North (Victoria Trio Inc.) requesting to introduce Special Policy 53 to permit a `Religious Institution' use on the parcel of land illustrated as the `Subject Area' on Schedule A be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department COUNCIL MINUTES MARCH 31, 2014 -68- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) 2. (Cont'd) report CSD -14 -010 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC13/13/V /ATP for 820 Victoria Street North (Victoria Trio Inc.) for the purpose of changing the zoning from Service Industrial Zone (M -3) to Service Industrial Zone (M -3) with Special Use Provision 433U and Holding Provision 69H to permit a `Religious Institution' use on the parcel of land illustrated as the `Subject Area' on Map No. 1 be approved in the form shown in the `Proposed By -law' dated February 4, 2014 attached to Report CSD - 14 -010 as Appendix `B'. (Carried, on a recorded vote) 3. That the oral and written submissions received by the Statutory Public Meeting on the proposed new Official Plan, dated February 21, 2014, and related Official Plan Amendment, attached as Appendix `B' to Community Services Department report CSD -14 -011, be considered in the preparation of the final version of the City's new Official Plan and related Official Plan Amendment; and further, That following the March 17, 2014 Statutory Public Meeting on the proposed new Official Plan and related Official Plan Amendment, staff be directed to bring forward a final version of the new Official Plan and related Official Plan Amendment for consideration. HERITAGE KITCHENER — 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -001 be approved to permit the demolition and construction of a front porch and rear yard addition at the property municipally addressed as 68 Schneider Avenue in accordance with the supporting information submitted with the application. COUNCIL MINUTES MARCH 31, 2014 -69- 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 -14 -057 — Applications for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS -14 -057 (J. Evans), dated March 17, 2014. It was resolved: "That the applications for cancellation, reduction, refund of taxes totaling $211,597.40 as attached to Finance and Corporate Services Department report FCS -14 -057, be approved, pursuant to Section 357 of the Municipal Act." 3. FCS -14 -066 — Encroachment Agreement — 83 King Street West Council considered Finance and Corporate Services Department report FCS -14 -066 (E. Mogck), dated March 5, 2014. It was resolved: "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 83 King Street West (PIN 22427 -0054) to legalize an existing sign which will encroach approximately 1.2m, more or less, on the City's King St. W. road allowance." 4. FCS -14 -067 — Licence Agreement — Regional Electrical Conduits — 85 Queen St N Council considered Finance and Corporate Services Department report FCS -14 -067 (L. MacDonald), dated March 26, 2014. It was resolved: "That the Mayor and Clerk be authorized to execute a License Agreement with The Regional Municipality of Waterloo to permit the construction, operation and maintenance of electrical conduit and appurtenances thereto through the City owned Civic District Parking Garage located at 85 Queen Street North so that the Region may provide electrical service between its adjacent properties; said agreement is to be to the satisfaction of the City Solicitor." 5. FCS -14 -052 — 2013 Statement of Remuneration and Expenses Council considered Finance and Corporate Services Department report FCS -14 -052 (L. Dueck), dated March 11, 2014.