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HomeMy WebLinkAboutCouncil - 2014-05-05 COUNCIL MINUTES MAY 5, 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 Victoria Whiteman,King School of Vocal. 2. MINUTES – On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held April 14, 2014 and special meetings held April 14 & 28, 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 on the Planning & Strategic Initiatives Committee report as he owns property in the vicinity of the subject area; and accordingly, he did not take part in any discussion or voting regarding this matter. 4. COMMUNICATIONS REFERRED TO FILE – NIL 5. PRESENTATIONS – 5.a. Awards of Merit and Certificates of Service Mayor C. Zehr acknowledged the following individuals as recipients of the City’s Award of Merit and Certificates of Service, which recognize service on special Committees and Boards: Awards of Merit Ena de Jong accepting for her husband, Mark Peterson David Strucke Tim Jackson Certificates of Service Brian Bennett Jennifer Ball David Sterritt Aaron MacFarlane Steve Crossman James Howe 5.b. Kitchener-Wilmot Hydro Annual Report Messrs. Mark Jackson, Chair, and Jerry Van Ooteghem, President & CEO, Kitchener-Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation, were in attendance and reviewed highlights from their 2013 Annual Report. Mr. Van Ooteghem advised that despite the four major storms occurring in 2013, KWHI remains in a good financial position, continuing to re-invest in its capital infrastructure and providing excellent service to its customers with one of the lowest residential rates among the large utilities in the Province. Mr. Jackson presented a cheque for the 2013 Reforestation Grant of $40,000. to Mr. D. Chapman, Deputy CAO - Finance & Corporate Services and City Treasurer, representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines; as well as, a dividend cheque in the amount of $3,071,000. 6. DELEGATIONS – 6. Reinstallation of the Oktoberfest Glockenspiel Mayor C. Zehr noted that Messrs. Harry Vogt and Dave McNeil, K-W Oktoberfest, were in attendance with respect to the reinstallation of the Oktoberfest Glockenspiel at Speaker’s Corner, which is listed as Clause 5 on the Finance & Corporate Services Committee report. Moved by Councillor S. Davey Seconded by Councillor P. Singh COUNCIL MINUTES MAY 5, 2014 89CITY OF KITCHENER - - “That Clause 5 of the Finance and Corporate Services Committee report, be adopted.” Carried. 6.a. Parking Regulations for Turner Avenue Mayor C. Zehr noted that while Mirsad Kaplani, Muslim Association of Canada, had registered as a delegation regarding on-street parking regulations for Turner Avenue, listed as Clause 3 on the Community and Infrastructure Services Committee report; he was not in attendance at this meeting. 6.b. Food Truck Licensing Ms. Nadia Dragusanu, Food Truck Operator, addressed Council with regard to the licensing of food trucks listed as Clause 2 on the Finance and Corporate Services Committee report. She encouraged Council to adopt a licensing fee similar to the one recently approved by the City of Waterloo. She acknowledged she would prefer to pay a reduced licensing fee and have the option to participate at events of her choosing rather than paying an all-encompassing fee which included all of the City’s special events. Mr. C. Bluhm, Manager, Downtown Community Development, circulated copies of a chart outlining the City’s Special Event License fee as well as a comparison of the proposed vendor fees that would be applicable to food trucks if Council decided to implement an all-encompassing licensing fee, or one where the events are separate from the annual daily operations license. He noted the proposed vendor fees would only be applicable for City of Kitchener and / or Downtown Kitchener Business Improvement Area (BIA) organized events. Mr. Reuben Salonga, United Food Trucks Ltd., addressed Council in support of the implementation of a $350 annual daily operations license with an additional annual fee payable to the Downtown Kitchener BIA. He asked consideration be given to the enactment of a minimum setback distance from restaurants of 20 metres. He also acknowledged he would prefer to have the option to select the specific events he would attend rather than being subjected to an all-encompassing fee. He encouraged the City to pursue coordinating its 2015 Food Truck Program with the ones being implemented by the other area municipalities. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor B. Ioannidis, containing various revisions to Clause 2 of the Finance and Corporate Services Committee report, which included: the enactment of a $350 annual daily operations license; a $150 per event fee for participating in a City approved Food Truck Festival; and, a $150 annual fee payable to the Downtown Kitchener BIA for the Thursday night program. Councillor K. Galloway-Sealock expressed concern with permitting food trucks to operate in the vicinity of the Victoria Park Pavilion, noting this could negatively impact the hot dog cart operator the City has already licensed for that location. She requested the portion of Paragraph 2 of Councillor Vrbanovic’s motion pertaining to the operation of food trucks near the Victoria Park Pavilion be voted on separately. In response to questions regarding a comprehensive review of the 2014 Food Truck Program, Mr. D. Chapman, Deputy CAO - Finance & Corporate Services, advised it was staffs’ intention to examine the issue of full cost recovery for administration and enforcement as part of the review. He confirmed staff would report back with this information prior to the implementation of the 2015 Food Truck Program. Clarification was requested regarding the application of vendor fees for special events. Mr. Bluhm advised each event operator is required to pay the $244 Special Event License fee. He added the event operator could then try to recoup a portion of their costs by charging a vendor’s fee for each participating food truck. He noted those fees are separate from the annual daily operations license. Mr. Bluhm then cited examples of how those vendors fees would be applied for events such as Kidspark. A motion was brought forward by Councillor D. Glenn-Graham, seconded by Councillor J. Gazzola, to amend the proposed separation distance from 30 metres to 20 metres. COUNCIL MINUTES MAY 5, 2014 90CITY OF KITCHENER - - Carried Councillor Glenn-Graham’s amendment was then voted on and was on a recorded vote, with Councillors B. Ioannidis, D. Glenn-Graham, J. Gazzola, K. Galloway-Sealock, S. Davey, Y. Fernandes and Z. Janecki voting in favour; and, Mayor C. Zehr and Councillors F. Etherington, P. Singh and B. Vrbanovic voting in opposition. On motion by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, an amendment was brought forward to incorporate the vendor’s fee chart into Councillor Vrbanovic’s motion as a means of clarifying how those fees would be applied to food trucks. Carried Councillor Janecki’s amendment was then voted on and was on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis, D. Glenn-Graham, J. Gazzola, K. Galloway-Sealock, S. Davey, Y. Fernandes, P. Singh, B. Vrbanovic and Z. Janecki voting in favour; and, Councillor F. Etherington, voting in opposition. A motion was brought forward by Councillor K. Galloway-Sealock, seconded by Councillor D. Glenn- Graham, to reduce the proposed fee for participating at the City approved Food Truck Festival from $150 to $100. Carried Councillor Galloway-Sealock’s amendment was then voted on and was on a recorded vote, with Councillors B. Ioannidis, D. Glenn-Graham, J. Gazzola, K. Galloway-Sealock, F. Etherington and B. Vrbanovic voting in favour; and, Mayor C. Zehr and Councillors P. Singh, S. Davey, Y. Fernandes and Z. Janecki voting in opposition. Moved by Councillor B. Vrbanovic Seconded by Councillor B. Ioannidis “That Clause 2 of the Finance and Corporate Services Committee report, as amended, be adopted.” A recorded voted was requested. Paragraph 2 (Operation of food trucks near the Carried on a recorded vote. Victoria Park Pavilion) – In Favour: Mayor C. Zehr and Councillors Z. Janecki, S. Davey, B. Vrbanovic, D. Glenn- Graham, Y. Fernandes, P. Singh, F. Etherington, J. Gazzola and B. Ioannidis. Contra: Councillor K. Galloway-Sealock Carried Unanimously, as Balance of motion – amended, on a recorded vote. 6.c. 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 Z. Janecki Seconded by Councillor S. Davey “That Tender T14-032 – Stirling Avenue (East Avenue to Weber Street) Road Reconstruction, Regional Sewer and Watermain Ltd., Cambridge, Ontario be awarded to at their tendered price of $1,370,149.70, including provisional items and contingencies of $136,325., plus H.S.T. of $178,119.46, for a total of $1,548,269.16.” -and - Bomar “That Tender T14-031 Phase 2 Expansion of Williamsburg Cemetery , be awarded to Landscaping Inc., Guelph, Ontario at their tendered price of $389,885., plus provisional items of $31,516.80, plus H.S.T. of $54,782.23, for a total of $476,184.03.” Carried. COUNCIL MINUTES MAY 5, 2014 91CITY OF KITCHENER - - 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 S. Davey advised that at the Committee meeting, it was indicated approximately $170,000 was available as of 2015 which was originally intended for the City’s anticipated share of the Statue Project in Victoria Park. He added that given Council’s decision not to proceed with the Statue Project, those funds could go toward the Community Climate Action Plan, listed as Clause 1 on the Committee report. A motion was brought forward by Councillor D. Glenn-Graham, seconded by Councillor J. Gazzola, to amend Paragraph 1 of Clause 1 of the Committee report to approve $25,000 per year towards the Community Climate Action Plan implementation from 2014-2021, to be funded from the remainder of the City’s anticipated share of the Statue Project in Victoria Park. Carried Councillor Glenn-Graham’s amendment was then voted on and was on a recorded vote, with Mayor C. Zehr and Councillors D. Glenn-Graham, J. Gazzola, K. Galloway-Sealock, F. Etherington, Y. Fernandes, B. Vrbanovic and Z. Janecki voting in favour; and, Councillors B. Ioannidis, S. Davey and P. Singh voting in opposition. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor P. Singh, to amend Clause 2 of the Committee report to reallocate $200,000 of the estimated $596,572 balance within the Federal Gas-Tax Reserve toward mitigating the impacts of the Emerald Ash Borer (EAB). Councillor B. Vrbanovic advised an update report on the EAB is listed as Item 8 on the May 12, 2014 Community and Infrastructure Services Committee agenda. He suggested it would be preferable to have Clause 2 of the Committee report considered in conjunction with that matter. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor Y. Fernandes, to refer consideration of Clause 2 of the Committee report to the May 12, 2014 Community and Infrastructure Services Committee meeting. Carried. Councillor Vrbanovic’s referral motion was then voted on and was The Committee report was then voted on clause by clause. Carried, as amended, on a recorded Clause 1 – vote. In Favour: Mayor C. Zehr and Councillors K. Galloway-Sealock, S. Davey, B. Vrbanovic, D. Glenn-Graham, Y. Fernandes, F. Etherington, Z. Janecki and J. Gazzola. Contra: Councillors B. Ioannidis and P. Singh. Carried, as amended. Clause 2 – Carried. Balance of report – 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 be adopted.” Councillor P. Singh declared a pecuniary interest with respect to Clause 4 on the Committee report as his family owns property in the vicinity of the subject area; and accordingly, he did not take part in any discussion or voting regarding that matter. COUNCIL MINUTES MAY 5, 2014 92CITY OF KITCHENER - - Councillor S. Davey referred to correspondence circulated by Ms. P. Houston, Deputy CAO – Infrastructure Services, dated April 30, 2014, indicating the date currently outlined in Clause 3 of the Committee report needed to be changed from May 12, 2014 to June 9, 2014. Council agreed to amend Clause 3 accordingly. Councillor J. Gazzola requested that Clause 3 of the Committee report be voted on separately. The Committee report was then voted on clause by clause. Carried, as amended, on a recorded Clause 3 – vote. In Favour: Mayor C. Zehr and Councillors K. Galloway-Sealock, B. Vrbanovic, F. Etherington, B. Ioannidis and P. Singh. Contra: Councillors D. Glenn-Graham, J. Gazzola, S. Davey, Y. Fernandes and Z. Janecki. Carried. Clause 4 – Pecuniary Interest & Abstention: Councillor P. Singh as his parents own property in the vicinity of the subject area. Carried. Balance of report – 7. COMMITTEE REPORTS – PLANNING AND STRATEGIC INITIATIVES (STATUTORY PUBLIC HEARING – DEVELOPMENT CHARGES) Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway-Sealock “That the report of the Planning & Strategic Initiatives Committee (Statutory Public Hearing – Development Charges) be adopted.” Councillor K. Galloway-Sealock requested that Paragraph 2 of Clause 1 on the Committee report be voted on separately. Carried on a recorded Clause 1, Paragraph 2 – vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, F. Etherington, B. Ioannidis and P. Singh, D. Glenn-Graham, J. Gazzola, S. Davey, Y. Fernandes and Z. Janecki. Contra: Councillor K. Galloway-Sealock Carried Unanimously, on a Balance of report – recorded vote. 7. COMMITTEE REPORTS – PLANNING AND STRATEGIC INITIATIVES Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway-Sealock “That the report of the Planning and Strategic Initiatives Committee be adopted.” COUNCIL MINUTES MAY 5, 2014 93CITY OF KITCHENER - - Councillor B. Ioannidis had previously declared a pecuniary interest with regard to Clause 4 of the Committee report; and accordingly, he did not take part in any discussion or voting regarding this matter. Councillor P. Singh declared a pecuniary interest with regards to Clause 4 of the 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 or voting regarding this matter. The Committee report was then voted on clause by clause. Carried on a recorded vote. Clause 4 – In Favour: Mayor C. Zehr and Councillors D. Glenn-Graham, F. Etherington, B. Vrbanovic, J. Gazzola and K. Galloway-Sealock. Contra: Councillors S. Davey, Y. Fernandes 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. Balance of report – 8. UNFINISHED BUSINESS – NIL 9. NEW BUSINESS – NIL 10. QUESTIONS AND ANSWERS – NIL 11. BY-LAWS (FIRST READING) – Council agreed to the request of Ms. C. Tarling, City Clerk, to add three additional by-law for three readings this date being two zoning amending by-laws relating to Clauses 1 & 2 of the Planning and Strategic Initiatives Committee report and a Part Lot Control exemption by-law for Max Becker Drive. Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn-Graham “That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by-law to set and levy the rates of taxation for City purposes for the year 2014 and to provide for the payment of taxes after interim taxes. e. Being a by-law to provide for the establishing and laying out of part of Landgren Court as a public highway in the City of Kitchener. COUNCIL MINUTES MAY 5, 2014 94CITY OF KITCHENER - - f. Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. . gBeing a by-law to provide for the widening of part of Strasburg Road as a public highway in the City of Kitchener. h. To confirm all actions and proceedings of the Council. i. Being a by-law to exempt certain lots from Part Lot Control – Part of Block 8, Registered Plan 58M-171 – Max Becker Drive. j. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Deerfield Homes Ltd. – 1652-1696 Fischer Hallman Road, 20-25 & 28-31 Sienna Street, 201-243 Rachel Crescent, and 200-235 Jessica Crescent. k. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Tatiana and Calin Duca – 245 and 251 Highland Road West. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic 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 J. Gazzola Seconded by Councillor D. Glenn-Graham “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. 2014-044) 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. 2014-045) c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2014-046) COUNCIL MINUTES MAY 5, 2014 95CITY OF KITCHENER - - d. Being a by-law to set and levy the rates of taxation for City purposes for the year 2014 and to provide for the payment of taxes after interim taxes. (By-law No. 2014-047) e. Being a by-law to provide for the establishing and laying out of part of Landgren Court as a public highway in the City of Kitchener. (By-law No. 2014-048) f. Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (By-law No. 2014-049) . gBeing a by-law to provide for the widening of part of Strasburg Road as a public highway in the City of Kitchener. (By-law No. 2014-050) h. To confirm all actions and proceedings of the Council. (By-law No. 20140-051) i. Being a by-law to exempt certain lots from Part Lot Control – Part of Block 8, Registered Plan 58M-171 – Max Becker Drive. (By-law No. 2014-052) j. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Deerfield Homes Ltd. – 1652-1696 Fischer Hallman Road, 20-25 & 28-31 Sienna Street, 201-243 Rachel Crescent, and 200-235 Jessica Crescent. (By-law No. 2014-053) k. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Tatiana and Calin Duca – 245 and 251 Highland Road West. (By-law No. 2014-054) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 10:35 p.m. MAYOR CLERK COUNCIL MINUTES MAY 5, 2014 96CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That funding of $25,000 per year towards a collaborative approach for facilitation of the Community Climate Action Plan implementation from 2014-2021 be approved as a potential strategic addition, to be funded from the remainder of the City’s anticipated share of the Statue Project in Victoria Park; and, That a collaborative service agreement for facilitation of the Climate Action Plan implementation be entered into between the Cities of Kitchener, Waterloo, Cambridge and the Region of Waterloo, subject to the satisfaction of the City Solicitor, as outlined in Community Services Department report CSD-14-028; and; and further, That staff be directed to report back by August 2014, or earlier, on the potential development of a formal climate change mitigation and adaptation strategy, including consideration of scope, process, costs and other relevant considerations. (Carried, as Amended, on a recorded vote) be referred to the May 12, 2014 Community and Infrastructure 2. That the following motion Services Committee meeting to be considered in conjunction with Item 8 (INS-14-054 - Emerald Ash Borer Update) on that meeting agenda: ‘That the balance of the Federal Gas-Tax Reserve funding of $596,572. be allocated to complete additional pavement rehabilitation work under the annual Road Resurfacing Program; and further, That the existing purchase order for the annual Road Resurfacing Program (T14-002) be extended by $596,572. to enable completion of this work in 2014, as outlined in Infrastructure Services Department report INS-14-048.’ (Carried, as Amended, on a recorded vote) 3. That the Uniform Traffic By-law be amended to prohibit parking at anytime on the north side (even number side) of Turner Avenue from Victoria Street North to Frederick Street, as outlined in Infrastructure Services Department report INS-14-050. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Canadian Cancer Society, Waterloo Region Unit, for their Relay For Life Event at Resurrection High School between the hours of 7:00 a.m. on June 13, and 12:00 p.m. on June 14, 2014, as outlined in Community Services Department report CSD-14-034. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Pat Griggs, for a wedding ceremony to be held at their property at 364 Glasgow Street, between the hours of 4:00 p.m. and 11:00 p.m. on July 12, 2014, as outlined in Community Services Department report CSD-14-035. 6 That the Mayor and Clerk be authorized to execute an agreement(s) with Azteca Systems Inc. and ESRI Canada Ltd., for an expanded CityWorks Enterprise Licence capability and for updates and maintenance on the software with the following fixed yearly cost for the next three (3) years starting in 2015: • $95,000 – year 1; • $105,000 – year 2; and, • $110,000 – year 3; and further, That the Deputy CAO Infrastructure Services be delegated authority to execute future agreement(s) for updates, maintenance, and technical support respecting the CityWorks Enterprise software, provided such agreement(s) are satisfactory to the City Solicitor, as outlined in Infrastructure Services Department report INS-14-040. COUNCIL MINUTES MAY 5, 2014 97CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale, satisfactory to the City Solicitor, with Activa Holdings Inc., for the purpose of acquiring a portion of the residential building lot on Huron Road known as Part of Lot 4, RCP No. 1382 being Part 7 & 8, 58R-18138 and municipally known as 571 Huron Road, Kitchener, for the purpose of improving community access by creating a continuous trail corridor to link Huron Natural Area trail to Huron Road as identified by the City’s Multi-Use Pathway Master Plan, to an upset purchase price of $10,000 plus HST, associated real estate fees, land transfer tax, and transaction costs, as outlined in Infrastructure Services Department report INS-14-051; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete the conveyance, subject to the satisfaction of the City Solicitor. 2. That the following Food Truck Program be implemented in 2014 to enable food truck owners to operate within the City of Kitchener throughout the week, in a manner that allows the entire community to experience food trucks, while simultaneously fostering positive relationships between food truck operators and exiting restaurant operators: Parks - permit food trucks in McLennan Park, Huron Natural Area, Budd Park, Southwest Optimist Park, Victoria Park in the vicinity of the Victoria Park Pavilion, and any other parks which may be approved by the City’s Licensing staff, subject to restrictions where park permit holders are providing their own food services and subject to any limits to the number of food trucks, as outlined in Finance and Corporate Services Department report FCS-14-071, or as determined by the City’s Licensing staff; and, Huron Business Park - permit food trucks on any private property within Huron Business park provided they have obtained the property owner’s permission; and, Minimum distance setbacks - establish a 20 metre setback from restaurants unless permission received from restaurant owners within the distance separation; and establish a 90 metre setback from schools unless permission granted by the school; and, Downtown Kitchener Business Improvement Area (BIA) Boundary - permit food trucks within the BIA boundary only during the following times: Monday lunch hours on Civic Square as programmed by the City of Kitchener; o and, as part of City-approved festivals and events (City and community); and, o as one-off promotional events between a restaurant(s) and a food truck(s), for a o maximum period of 4 hours, provided all neighbouring restaurants do not object; and, Thursday between 4:00 p.m. and 10:00 p.m. on locations agreed upon between o the City, Food Truck Operators and the Downtown Kitchener BIA (no limit on the number of trucks); and, Civic District - permit 1-3 food trucks to operate on a daily basis, in conjunction with the Centre in the Square; and, Fees - that the following licensing fee structure be approved: $350 annually daily operations license, which would include private property, o park locations, Huron Business Park and any Thursday night special events that the food trucks wished to participate in; and, COUNCIL MINUTES MAY 5, 2014 98CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 2. (Cont’d) $100 per event for participating in a City approved Food Truck Festival if an o operator has obtained a daily operations license, or $250 per event if an operator has not obtained such a license; and, $150 annual fee payable to the Downtown Kitchener BIA to cover expenses such o as marketing, music, etc. for the Thursday night program, which would be waived if an operator is already paying a fee to the Downtown Kitchener BIA; and, That the above be a pilot program in 2014 with a report to come back in January 2015 with recommendations for the 2015 Food Truck Program; and, That in bringing back a report for 2015, staff attempt to coordinate a joint program with neighbouring municipalities for 2015, so as to have a coordinated approach for the operation of food trucks; and, That all refreshment vehicle fees be reviewed before 2015 license fees are approved; and further, That the following clarify the application of vendor fees for food trucks with respect to City / Downtown Kitchener BIA organized events: Proposed Vendor Fees for Food Truck Operators in City / Downtown Kitchener BIA Organized Events Special Event License Fee City Event Type Vendor Fee (Paid by Event Operator and not the Food Truck) Major Festival $244 TBD (Kidspark, Rock n Rumble, etc.) Minor Event $244TBD (Discovery Square, Cinco De Mayo, Art Market) $100 - if truck is licensed City approved Food Truck $244 $250 - if truck is not Festival licensed Downtown Live $244TBD (Monday’s @ Civic Square) Thursday Night $150/truck Partnership Program with $244 (Reflects the annual fee BIA paid to the BIA) (Dealt with under Delegations and Carried, as Amended, on a recorded vote) 3. That staff be directed to update the natural gas purchasing policy to reflect the Modify Current Hedging Approach option, outlined in Infrastructure Services Department report INS-14-013, for a timeframe of 1 year, 3 years and 5 years, with specific policy details and recommendations be provided at the June 9, 2014 Finance & Corporate Services Committee meeting. (Carried, as Amended, on a recorded vote) COUNCIL MINUTES MAY 5, 2014 99CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 4. The .30 acre portion of land forming part of 55 Bramm Street, owned by the City of Kitchener located at 55 Bramm Street depicted on the map (Schedule A) attached to Chief Administrator’s Office report CAO-12-024, to be further described on a Reference Plan, be declared surplus, and the City enter into a conditional Agreement of Purchase and Sale with 2373074 Ontario Inc. (Momentum Developments) for fair market value, said transaction, to close on or before construction commences; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to effect this transaction with 2373074 Ontario Inc., subject to the satisfaction of the City Solicitor. 5. That the reinstallation of the Oktoberfest Glockenspiel at Speaker’s Corner be approved, subject to the negotiation of a satisfactory agreement between the City of Kitchener and Kitchener-Waterloo Oktoberfest Inc.; and, That the City of Kitchener commit to funding 50% of the project cost, to a maximum of $196,000; and further, That the Mayor and Clerk be authorized to execute an agreement with Kitchener-Waterloo Oktoberfest Inc., to confirm respective responsibilities for the costs of refurbishing, installation, and ongoing maintenance of the Oktoberfest Glockenspiel, subject to satisfaction of the City Solicitor. (Dealt with under Delegations and Carried) PLANNING AND STRATEGIC INITIATIVES (STATUTORY PUBLIC HEARING – DEVELOPMENT CHARGES) – 1. Thatthe increase in the need for services attributable to anticipated development in the City of Kitchener be met, subject to sufficient development charge revenues being generated and other City affordability criteria being met; and, That the Development Charge Background Study dated April 2014 and the capital forecasts prepared in conjunction with the Study in accordance with Section 10 of the Development Charges Act, 1997 be adopted; and, That future excess capacity identified in the Development Charge Background Study, dated April 2014, be paid for by development charges or other similar charges; and, That where grant funding is provided for a growth related project, to the extent possible, it be used to fund the non-growth portion of the project; and further, That the proposed Development Charge By-law in the form attached to Finance and Corporate Services report FCS-14-054 be approved. (Carried Unanimously) PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That Zone Change Application ZC14/01/F/MV (Deerfield Homes Ltd.) at 1652-1696 Fischer Hallman Road, 20-25 & 28-31 Sienna Street, 201-243 Rachel Crescent, and 200-235 Jessica Crescent for the purpose of changing the zoning from R-1, R-4 and R-8 with and without site specific provisions to R-4 and R-8 with Special Use Provision 418U and Special Regulation Provisions 592R, 593R, 594R, 595R and 647R in the form shown in the “Proposed By-law” dated March 28, 2014 attached to Community Services Department report CSD-14-021 as Appendix “A”, be approved. COUNCIL MINUTES MAY 5, 2014 100CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – (CONT’D) 2. That Zone Change Application ZC13/17/H/ATP (Tatiana and Calin Duca) at 245 and 251 Highland Road West requesting a change from Residential Five Zone (R-5) and Residential Five Zone (R-5) with Special Use Provision 326U to Residential Five Zone (R-5) with amended Special Use Provision 326U on the parcels of land specified and illustrated as the ‘Subject Areas’ on Map No. 1, be approved in the form shown in the “Proposed By-law” dated March 31, 2014, attached to Community Services Department report CSD-14-022 as Appendix “A”. 3. That the Municipal Asset Advertising Inventory be approved for future advertising opportunities on the identified municipal assets attached as to Community Services Department report CSD- 14-029 as Appendix A, save and except the use of indoor pool deck walls; and further, That authority for approving other City assets for future advertising opportunities be assigned to the City’s Corporate Partnership Program Steering Committee. 4. That staff proceed with Approach #3 for communication and stakeholder engagement of the Planning Around Rapid Transit Stations (PARTS) Station Plans, as described in Community Services Department report CSD-14-025, subject to purchasing processes as well as undertaking the following: That staff report back by September 2014 at the latest on the feasibility, scope and resources required to develop an infill communications and citizen engagement guide similar to other municipalities as part of this process; and, That the cost of Approach #3 be capped at $30,000. per station, and that partnerships with Conestoga College and the University of Waterloo planning programs using students/co-ops be considered as part of the implementation plan; and further, That staff be directed to report back following the completion of the first communication and stakeholder engagement process outlining lessons learned as well as possible modifications to the approach. COUNCIL MINUTES MAY 5, 2014 101CITY 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-14-055 – Nominating Committee – Terms of Reference Council considered Finance and Corporate Services Department report FCS-14-055 (C. Tarling), dated April 10, 2014. It was resolved: “That for the 2014 appointment cycle, Clause 2 (c) [inability to serve on Advisory Committees while on the Nominating Committee] of the Terms of Reference for the Nominating Committee be temporarily suspended; and, That Clause 2 [eligibility requirement to either reside, work or own property in the City of Kitchener] of Policy I-63 (Appointment to Boards and Committees) be suspended only for appointment to the Nominating Committee; and further, That representatives from the K-W Community Foundation (Director of Philanthropic Services), K-W Multicultural Centre (Executive Director), and K-W United Way (Chief Executive Officer), Capacity Waterloo Region (Executive Director), and Greater K-W Chamber of Commerce (President/Chief Executive Officer) or designates, be appointed to the Nominating Committee for a two-year term.” 3.INS-14-055 – Watermain Break Repairs – Contractor Payment Council considered Infrastructure Services Department report INS-14-055 (P. Houston), dated April 28, 2014. It was resolved: “That the Purchasing Policy provision for informal/formal written quotations be waived and the following contractor payments for emergency watermain break repairs/restoration be authorized: J. Weber Contracting Ltd. $21,915.26 + $2,848.99 HST = $24,764.25; Sousa Concrete $98,875 + $12,853.75 HST = $111,728.75.” 4.CSD-14-039 – Noise Exemption Request – 48 Mary Street Council considered Community Services Department report CSD-14-039 (M. May), dated April 24, 2014. It was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Lucinda Gravelle for a birthday celebration at her house at 48 Mary Street, on May 10, 2014, between the hours of 4 PM to 10 PM.” COUNCIL MINUTES MAY 5, 2014 102CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 5.FCS-14-072 – Sign Variance – 1080 Victoria Street North Council considered Finance and Corporate Services Department report FCS-14-072 (D. Saunderson), dated April 22, 2014. It was resolved: “That the application of Canadian Tire Real Estate Limited (SG 2014-002 – 1080 Victoria Street North) requesting permission to legalize a ground supported sign for Canadian Tire Petroleum located within the driveway visibility triangle to have a clearance from grade to the bottom of the sign of 2.1m (6.89’) whereas the By-Law requires signs located within the driveway visibility triangle to have a clearance of 2.44m (8.01’), on Lots 2 and 3, Plan BE 971 and Lots 3 and 4, Plan 972, 1080 Victoria Street North, Kitchener, Ontario, APPROVED , subject to the following condition: 1. That the owner shall obtain a sign permit from the City’s Planning Division for the existing ground supported sign.” 6.FCS-14-076 – Dangerous Dog Designation Appeal – Ruge Council considered Finance and Corporate Services Department report FCS-14-076 (D. Livingstone), dated April 16, 2014. It was resolved: “That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Alex Ruge, wherein the Committee substitutes the Dangerous Dog Designation applied to his dog ‘Nessa’ by the Kitchener-Waterloo and North Waterloo Humane Society and assigns the Designation of Potentially Dangerous Dog along with conditions for keeping of said dog, be ratified and confirmed as amended.” 7.FCS-14-083 – Liquor Licence Review Application – Kinkaku Izakaya – 217 King St W Council considered Finance and Corporate Services Department report FCS-14-083 (P. Harris), dated April 29, 2014. A motion was brought forward by Councillor D. Glenn-Graham to amend the recommendation contained in Report FCS-14-083 to change the cessation time for the service of alcohol during the first year of operation from 12:01 a.m. daily to 2:00 a.m. daily. Carried Councillor D. Glenn-Graham’s amendment was voted on and was . It was resolved: “That subject to the 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 Kinkaku Izakaya at 217 King Street West applied for by Kinkaku Food and Beverage Inc. (herein referred to as the “Applicant”); That should the AGCO decide to hold a hearing with respect to the application for liquor licence for Kinkaku Izakaya, located at 217 King Street 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 enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions COUNCIL MINUTES MAY 5, 2014 103CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 7.FCS-14-083 – Liquor Licence Review Application – Kinkaku Izakaya – 217 King St W (Cont’d) 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; 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; 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).” 8.CAO-14-026 – Modifications to Restrictive Covenant – 290 King St E Council considered Chief Administrator’s Office report CAO-14-026 (R. Regier), dated April 30, 2014. It was resolved: “That the Mayor and Clerk be authorized to amend the restrictive covenant for 290 King Street East, upon such time as the City’s Chief Building Official has issued an occupancy permit for the proposed use, to the satisfaction of the City Solicitor, in accordance with staff report CAO-14-026.” 9. 9000 Series Wage Schedule and Instructor Grid The following arises from an in-camera meeting held earlier this date. It was resolved: “That the 9000 Series Wage Schedule and Instructor Grid be approved to be in compliance with the change in minimum wage legislation and obligations under pay equity.”