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HomeMy WebLinkAboutCouncil - 2014-05-26COUNCIL MINUTES MAY 26, 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 ". 2. MINUTES — On motion by Councillor F. Etherington, the minutes of the regular meeting held May 5, 2014 and special meetings held May 5 & 12, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor B. loannidis declared a pecuniary interest with respect to Clause 3 of the Planning and Strategic Initiatives Committee report as members of his family own property within the vicinity of the subject lands. Councillor P. Singh declared a pecuniary interest with respect to Clause 3 of the Planning and Strategic Initiatives Committee report as members of his family own property within the vicinity of the subject lands. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a. and 6.c. Municipal Heritage Register Mayor C. Zehr noted that while Neil Koebel, had registered as a delegation regarding the proposed listing of properties on the Municipal Heritage Register as non - designated properties of cultural heritage value or interest, listed on the Heritage Kitchener report; it has been indicated he no longer wished to address Council this date. Ms. Kae Elgie, Architectural Conservancy of Ontario (North Waterloo Region), addressed Council in support of the proposed listing of properties on the Municipal Heritage Register as non - designated properties of cultural heritage value or interest, listed on the Heritage Kitchener report. Mr. Ralph Newman, addressed Council to request that 61 Madison Avenue South not be listed on the Municipal Heritage Register at this time. He expressed concerns that listing may affect the future resale and / or redevelopment potential of the property. On motion by Councillor F. Etherington, seconded by Councillor Z. Janecki, Clause 2 of the Heritage Kitchener report was brought forward for consideration. An amendment was brought forward by Councillor F. Etherington, seconded by Councillor Z. Janecki, to refer consideration of listing 61 Madison Avenue South on the Municipal Heritage Register to the June 3, 2014 Heritage Kitchener meeting. Councillor Etherington's referral motion was then voted on and was Carried. Moved by Councillor F. Etherington Seconded by Councillor P. Singh "That Clause 2 of the Heritage Kitchener report, be approved, as amended." Carried Unanimously on a recorded vote. COUNCIL MINUTES MAY 26, 2014 _109- CITY OF KITCHENER 6.d. Council Policy 1-442 (Flag Policy) Mayor C. Zehr noted that while Terre Chartrand, had registered as a delegation regarding the Flag Policy, listed as Items 9 a. and b. under New Business on the meeting agenda; she has since informed staff she no longer wished to address Council this date. Mr. Gary Potter, expressed concerns with existing Council Policy 1 -442 (Flag Policy) which limits the use of municipal flag poles to the federal, provincial and municipal flags. He encouraged Council to consider the revised policy proposed by Councillor D. Glenn- Graham and Councillor B. Vrbanovic listed as 9 a. and 9 b. under New Business on the meeting agenda. Councillor D. Glenn- Graham withdrew his Notice of Motion listed as 9.a. on the Council Agenda. Councillor B. Vrbanovic withdrew his Notice of Motion listed as 9.b. on the Council Agenda. A motion was brought forward by Councillor D. Glenn- Graham, seconded by Councillor F. Etherington, to designate two community flag poles, one located at the Duke Street Gardens (Duke Street and Young Street) at Kitchener City Hall and the second to be installed at Speakers Corners, with the funds for installation to be allocated from the 2014 Facilities Management Division Capital budget. Questions were raised regarding the potential liability the City may face by permitting community groups to utilize municipal flag poles. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that any advice related to that matter would need to be conveyed in- camera. Councillor S. Davey requested that the proposed locations for the community flag poles be voted on separately. Moved by Councillor D. Glenn- Graham Seconded by Councillor F. Etherington "WHEREAS the City of Kitchener has in the past had a community flag pole at Rockway Gardens which in 1993 was replaced by a community flag pole at the edge of the Duke Street Garden at Kitchener City Hall; and, WHEREAS Kitchener's 20- year -old flag protocol prevents community groups from flying flags outside City Hall to mark special events or festivals; THEREFORE BE IT RESOLVED that two community flagpoles be designated for the City of Kitchener — one at the Duke Street Gardens (Duke Street and Young Street) at Kitchener City Hall and the second, at Speaker's Corner (King Street and Benton Street); and, BE IT FINALLY RESOLVED that funding for the new community flag pole at Speaker's Corners, and installation, of approximately $2,500., be funded out of the 2014 Capital budget from the Facilities Management Division." A recorded vote was requested. Clause 3 (Duke Street Gardens Flag Pole) — In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn- Graham, F. Etherington, K. Galloway - Sealock and P. Singh. Contra: Councillors J. Gazzola, S. Davey, Y. Fernandes and Z. Janecki. Carried. Clause 3 (Speakers Corner Flag Pole) — In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn- Graham, F. COUNCIL MINUTES MAY 26, 2014 _110- CITY OF KITCHENER Etherington, K. Galloway - Sealock, P. Singh, S. Davey and Y. Fernandes. Contra: Councillors J. Gazzola and Z. Janecki. Carried. Balance of Motion - Carried. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor F. Etherington, to repeal and replace Council Policy 1 -442 (Flag Policy), with the draft policy dated May 21, 2014, as circulated with the meeting agenda; subject to review by the City Solicitor, and with the final By -law to be brought forward for consideration at the June 30, 2014 Council meeting. A motion was brought forward by Councillor B. loannidis, seconded by Councillor K. Galloway - Sealock, to amend Clause 5 of Councillor Vrbanovic's motion to require the submission of a detailed application from each group requesting the use of the community flag pole. Councillor loannidis's amendment was then voted on and Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington "WHEREAS since stopping this practice in 1995, the City has heard from different community groups, organizations and communities desiring to see a community flag pole returned to the City of Kitchener; and, WHEREAS special flag raisings have been use to enhance public awareness of activities such as national / independence days, multicultural events, community festivals, fundraising drives, and historical commemorations important to residents of our community; THEREFORE BE IT RESOLVED that the draft Community Flag Raising & Flag Protocol Policy, dated May 21, 2014, be approved, in principle, to replace Council Policy I -442 (Flag Policy), subject to review by the City's Solicitor for final wording and the appropriate implementing By -law, coming forward to the June 30, 2014 Council meeting for final approval; BE IT FURTHER RESOLVED that implementation of the proposed policy reside with the City Clerk, or designate; BE IT FURTHER RESOLVED that community groups be permitted to raise a flag at no cost to them, through a key sign -out or other process, subject to an implementation of a detailed application and to conditions determined by the City Clerk; BE IT FURTHER RESOLVED that any groups requesting additional support including sound equipment, road closures, etc. arrange that through the City's Special Events, with the appropriate fee schedule, as determined by that division, and approved through Council's annual Budget deliberations process; and, BE IT FINALLY RESOLVED that in keeping with the intent of the above changes, notwithstanding the provisions within Council Policy 1 -441, community groups which meet the general provisions of the propose policy be permitted to request the use of the community flag pole in the Duke Street Gardens between now and the policy's final approval on June 30, 2014." A recorded vote was requested. In Favour: Mayor C. Zehr and P. Singh, B. loannidis, S. Davey, B. Vrbanovic, D. Glenn - Graham, K. Galloway - Sealock, Y. Fernandes and F. Etherington. Contra: Councillors J. Gazzola and Z. Janecki. Motion Carried, as Amended. MAY 26, 2014 COUNCIL MINUTES -111 - Road Reconstruction Tender - Kennedy and Palmer Avenues CITY OF KITCHENER Mr. Terry Ross addressed Council in opposition to awarding Tender T14 -029 — Road Reconstruction Kennedy and Palmer Avenues listed as Item 1.vi on the Committee of the Whole agenda this date. He circulated informational material summarizing potential impacts to off - street parking and landscaping if a sidewalk, meeting all standard City requirements, is installed on Kennedy and Palmer Avenues. He indicated he has proposed various options to Engineering staff, including reducing the width of the sidewalk and installing a curbside sidewalk, which could help to minimize the impacts on landscaping as well as off - street parking. He noted a meeting has been scheduled for June 10, 2014 between staff, area residents and the Ward Councillor to discuss the proposed options. He requested Council defer awarding the tender to allow an opportunity to discuss the proposed solutions with staff. Questions were raised regarding Council's ability to put forward a motion to reconsider the installation of a sidewalk on Kennedy and Palmer Avenues. Mr. C. Goodeve, Deputy City Clerk, advised that Council previously defeated a motion to reconsider this matter on March 31, 2014. He noted that under the Procedural By -law, Council is not permitted to reconsider a motion more than once in a term. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, to defer consideration of Finance and Corporate Services Department report FCS -14 -093 (Tender T14- 029 — Road Reconstruction Kennedy and Palmer Avenues) to the June 16, 2014 Council meeting to allow time for residents to meet with staff regarding the overall design of the proposed sidewalk. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki "That consideration of the following motion be deferred to June 16, 2014 Council meeting, to allow time for staff to dialogue with the residents regarding the overall design of the proposed sidewalk: `That Tender T14 -029 — Road Reconstruction Contract Kennedy Avenue and Palmer Avenue, be awarded to Terracon Underground Ltd., Brantford, Ontario at their corrected tendered price of $1,133,067.31., including provisional items and contingencies of $98,418.50, plus H.S.T. of $147,298.75, for a total of $1,280,366.06. "' In Favour: Councillors D. Glenn- Graham, F. Etherington, J. Gazzola, P. Singh, Y. Fernandes and Z. Janecki. Contra: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway - Sealock and S. Davey. Carried, on a recorded vote. 6.e - 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 S. Davey Seconded by Councillor J. Gazzola "That Tender T14 -026 Sewer Safety Cross Bore Inspection Program, be awarded to G -Tel Engineering, London, Ontario at their tendered price of $479,156.50, plus H.S.T. of $62,290.35, for a total of $541,446.85, with an option to renew for two (2) additional twelve (12) month terms." fir! "That Tender T14 -014 Polyethylene Pipe & Related Fittings for Natural Gas Distribution, be awarded as follows: • Schedule "A ": Natural Gas Fittings to C.R. Wall & Co. Inc., Cambridge, Ontario, at their tendered price of $18,992.85, plus H.S.T. of $2,469.07, for a total of $21,461.92; MAY 26, 2014 COUNCIL MINUTES -112- CITY OF KITCHENER • Schedule "B ": Natural Gas Polyethylene Pipe to Western National Gas Products Ltd., Surrey, British Columbia, at their tendered price of $175,107.04, plus H.S.T. of $22,763.92, for a total of $197,870.96; with an option to renew for two (2) additional twelve (12) month terms." - and - "That Tender T14 -044 — EAB Chemical Injection, be awarded to Greenlawn Ltd. o/a Trugreen, Cambridge, Ontario, at their tendered price of $96,682.56, plus H.S.T. of $12,568.73, for a total of $109,251.29, with an option to renew for two (2) additional injection seasons." - and - "That Tender T14 -039 Roof Rehabilitation — Kitchener Operations Facility (KOF) be awarded to Atlantic Roofers Ontario Ltd., Hamilton, Ontario at their tendered price of $314,500., plus H.S.T. of $40,885., for a total of $355,385." - and - "That Tender T14 -007 — Ontario Street (Charles Street to Joseph Street) and David Street (Joseph Street to Jubilee Drive) Road Reconstruction be awarded to 410754 Ontario Limited o/a Sousa Concrete, Branchton, Ontario at their tendered price of $1,335,525.60, including provisional items and contingencies of $105,235., plus H.S.T. of $173,618.33, for a total of $1,509,143.93." - and - "That Expression of Interest E14 -033 — Consultant Services — Upper Blair Creek, be awarded to Aquafor Beech Ltd., Guelph, Ontario at their estimated fee of $106,260., including contingencies of $9,660. plus H.S.T. of $13,813.80, for a total of $120,073.80, based on a satisfactory contract being negotiated and an upset fee being established." Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. loannidis Seconded by Councillor F. Etherington "That the report of the Community and Infrastructure Services Committee be adopted, as amended." Councillor P. Singh requested that the final 9 words of Paragraph 3 of Clause 8 of the Committee report pertaining to the planting of trees based on the principle of first removed -first replaced be voted on separately. Voted on clause by clause. Clause 8 (Paragraph 3, Final 9 words) — LOST on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, J. Gazzola and K. Galloway - Sealock. Contra: Councillors B. loannidis, D. Glenn - Graham, F. Etherington, P. Singh, Y. Fernandes, S. Davey and Z. Janecki. Balance of Clause 8 - Carried Balance of report - Carried. COUNCIL MINUTES MAY 26, 2014 -113- CITY 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 be adopted." Carried. 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." Mayor C. Zehr advised that in accordance with Councillor B. loannidis and Councillor P. Singh's previously declared pecuniary interests, Clause 3 of the Committee report would be voted on separately. Councillor Y. Fernandes requested that Clause 2 of the Committee report be voted on separately. Voted on clause by clause. Clause 1 - Carried. Clause 2 - Carried. Clause 3 - Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor F. Etherington Seconded by Councillor P. Singh "That the report of Heritage Kitchener be adopted, as amended." Mayor C. Zehr advised that in consultation with the owner of the subject property it was agreed Clause 3 of the Heritage Kitchener report be deferred to the September 15, 2014 Council meeting. A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor D. Glenn - Graham, to defer consideration of Clause 3 of the Heritage Kitchener report to September 15, 2014 Council meeting to allow time for staff to discuss the implications of listing the property on the City's Municipal Heritage Register. Councillor Galloway- Sealock's deferral motion was then voted on and was Carried. The balance of the Heritage Kitchener report was then voted on, and was Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — Dealt with under Delegations. 10. QUESTIONS AND ANSWERS — In response to questions, staff agreed to undertake the following actions: • examine the possibility of providing a list of trail improvements that still require curb cuts to be completed; • investigate when staff anticipate reporting back on the opening of the remaining trail gates; COUNCIL MINUTES MAY 26, 2014 -114- CITY OF KITCHENER • provide additional information on the rental agreement between the City and the tenant at the Victoria Park Boathouse; and, • investigate when staff anticipate having all the parks and trails cleared of debris from the winter ice storm. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Mr. C. Goodeve, Deputy City Clerk, to add four additional by -laws for three readings this date being two by -laws outlining dates and times for the 2014 Municipal Election, a zoning amending by -law and an Official Plan Amendment related to Clause 2 of the Planning and Strategic Initiatives Committee report. 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. 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. d. To further amend By -law No. 2007 -138, being a by -law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. e. Being a by -law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. f. To confirm all actions and proceedings of the Council. g. Being a by -law to provide for Advance Votes to be held prior to Voting Day h. Being a by -law to provide for reduced opening hours on Voting Day for Institutions and Retirement Homes. Being a by -law to amend Zoning By -law No. 85 -1, as amended, known as the Zoning By -law of the City of Kitchener Tru -Villa Inc. and 2040796 Ontario Limited — Northwest quadrant of Fischer - Hallman Road and Huron Road. Being a by -law to adopt Amendment No. 101 to the Official Plan. 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 F. Etherington as Chair. Moved by Mayor C. Zehr Seconded by Councillor B. loannidis "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. MAY 26, 2014 COUNCIL MINUTES _115- CITY OF KITCHENER On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor F. Etherington Seconded by Councillor B. loannidis "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 -058) 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 -059) 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 -060) d. To further amend By -law No. 2007 -138, being a by -law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By -law No. 2014 -061) e. Being a by -law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. (By -law No. 2014 -062) f. To confirm all actions and proceedings of the Council. (By -law No. 2014 -063) g. Being a by -law to provide for Advance Votes to be held prior to Voting Day (By -law No. 2014 -064) h. Being a by -law to provide for reduced opening hours on Voting Day for Institutions and Retirement Homes. (By -law No. 2014 -065) Being a by -law to amend Zoning By -law No. 85 -1, as amended, known as the Zoning By -law of the City of Kitchener Tru -Villa Inc. and 2040796 Ontario Limited — Northwest quadrant of Fischer - Hallman Road and Huron Road. (By -law No. 2014 -066) Being a by -law to adopt Amendment No. 101 to the Official Plan. MAY 26, 2014 COUNCIL MINUTES -116- CITY OF KITCHENER (By -law No. 2014 -067) k. Being a by -law to establish development charges for the City of Kitchener and to repeal Development Charge By -law No. 2009 -091 as amended by By -law No. 2010 -086 and By -law No. 2010 -106. (By -law No. 2014 -068) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:05 p.m. MAYOR CLERK COUNCIL MINUTES MAY 26, 2014 -117- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Downtown Special Events, as outlined on "Schedule A" of Community Services Department report CSD -14 -042. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Community Services Department for the Cinema Under The Stars event to be held at McLennan Park on June 28, 2014, between the hours of 2:00 p.m. and 11:00 p.m., as outlined in Community Services Department report CSD -14 -043. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bobby O'Brien's, 125 King Street West, for each Wednesday evening between the hours of 8:00 p.m. and 11:00 p.m., from May 28 to October 8, 2014, for a Blues band, playing on their patio area, as outlined in Community Services Department report CSD -14 -044. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Victoria Park Neighbourhood Association for The Henry Sturm Green Festival on Sunday, June 8, 2014, between the hours of 1:00 p.m. and 5:00 p.m., as outlined in Community Services Department report CSD -14 -045. 5. That the Grand River Watershed Water Management Plan be endorsed, as outlined in Infrastructure Services Department report INS -14 -035; and further, That staff continue to work collaboratively with other Plan partners to implement the best value solutions for water management issues in the Grand River Watershed. 6. That an expression of interest be submitted to the Province of Ontario under the Ontario Ice Storm Assistance Program to claim financial assistance for costs incurred for damage from the ice storm of December 2013, as outlined in Finance and Corporate Services Department report FCS -14 -077; and further, That the Deputy CAO Finance and Corporate Services and City Treasurer be delegated authority to submit claims on behalf of the City of Kitchener. 7. That no action be taken in dividing the remaining balance of the $320,000. Local Environmental Action Fund (LEAF) funding between Ward 6 and Ward 4, and that staff be directed to continue with stumping and replanting based on the current practice of trees first removed - first replanted, as outlined in Infrastructure Services Department report INS -14 -054; and, That staff be directed to bring forward an issue paper during the 2015 -2024 Capital budget process outlining an Emerald Ash Borer replanting and stumping program for remaining ash trees; and further, That staff be directed to report back as soon as it is feasible regarding the implementation of a Tree Donation Program to provide supporting funding for the reforestation of the City of Kitchener's urban forest canopy based on the principles identified in the Report INS -14 -054. 8. 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, 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; and further, MAY 26, 2014 COUNCIL MINUTES -118- REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 8. (Cont'd) CITY OF KITCHENER That the $40,000. tree planting grant received from Kitchener - Wilmot Hydro Inc. be used towards the costs of replanting in 2014, of street boulevard trees that have not been replanted due to lack of funding. (Carried as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That pursuant to Section 43 (1) of the Municipal Elections Act, advance voting, as outlined in Finance and Corporate Services Department report FCS -14 -056, be held on the following dates and times: Wednesday, October 15, 2014 Thursday, October 16, 2014 Friday, October 17, 2014 Saturday, October 18, 2014 2:00 p.m. - 8:00 p.m.; 2:00 p.m. - 8:00 p.m.; 2:00 p.m. - 8:00 p.m.; and, 9:00 a.m. - 3:00 p.m.; and further, That pursuant to Section 46 (3) of the Municipal Elections Act, the hours for voting on Election Day at Institutions - Retirement Homes (shown in Appendix "A ") be set at a minimum of four hours. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That staff be directed to conduct a review of the City's Zoning By -law 85 -1 generally in accordance with the process outlined in Community Services Department report CSD -14 -027. 2. That Zone Change Application ZC13 /014 /H /JVW (Tru —Villa Inc. and 2040796 Ontario Limited (Mattamy Homes)) requesting a change in zoning from Agriculture (A -1) Open Space (P -2), Residential Four (R -4) with Special Regulations and Residential Six with Special Regulations and Holding Provision 66H to Open Space (P -2), Residential Six (R -6) with Special Regulations 604R, 606R and 612R, and Public Park (P -1) Zone and Removal of Holding Provision 66H be approved in the form shown in the `Proposed By -law' dated April 28, 2014, attached to Community Services Department report CSD -14 -008 as Appendix `B'. 3. That City- initiated Official Plan Amendment OP14 /02 /COK /GS to implement interim policy direction for the Central Transit Corridor and Rapid Transit Station Study Areas in Kitchener by adding Special Policy Area 52 in Part 3, Section 12 and on proposed Map 23 of the Official Plan, be adopted, in the form shown in the proposed Official Plan Amendment attached to Community Services Department report CSD -14 -032 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval. HERITAGE KITCHENER — 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2014 -IV -005 be approved to permit the construction of a new single detached dwelling with breezeway and attached garage at the severed lot of the property currently municipally addressed as 1165 Doon Village Road and proposed to be addressed as 1175 Doon Village Road in accordance with the supporting information submitted with the application subject to the following conditions: 1. That tree protection fencing be in place and certified by a landscape architect (or equivalent qualified consultant) prior to issuance of a building permit; and, COUNCIL MINUTES MAY 26, 2014 _119- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER — (CONT'D) (Cont'd) 2. That the final building permit drawings be reviewed and heritage clearance provided by heritage planning staff prior to the issuance of a building permit. The future heritage permit applications for the severed lot of the property currently municipally addressed as 1165 Doon Village Road and proposed to be addressed as 1175 Doon Village Road that comply with the policies and guidelines of the Upper Doon Heritage Conservation District Plan be processed in accordance with the City's by -law that delegates certain authority of Council to consent to permits for the alteration of property under Parts IV and V of the Ontario Heritage Act. 2. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significant, attached as Appendix `A', to Community Services Department report CSD -14 -036: 19 Benton Street; 234 Cameron Street North; 53 Church Street; 16 Clarence Place; 240 Frederick Street; 265 Frederick Street; 11 Irvin Street; 14 Irvin Street; 18 Irvin Street; 160 Lancaster Street East; 20 Linden Avenue 58 Louisa Street; 86 Louisa Street 91 Madison Avenue South; 49 Mary Street; 29 Shanley Street; 57 -61 Stirling Avenue North; 25 Strange Street; 85 Strange Street; 97 Victoria Street North; 257 Weber Street East; 126 Weber Street West; and, 136 Weber Street West; and further, That consideration of the addition of 61 Madison Avenue South to the Municipal Heritage Register as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significant, be referred to the June 3, 2014 Heritage Kitchener meeting to allow time for further discussion with the property owner regarding the implications of listing the property. (Dealt with under Delegations and Carried Unanimously, as Amended, on a recorded vote) 3. That the following recommendation be deferred to the September 15, 2014 Council meeting to allow staff to report back on the implications of listing the property: `That pursuant to Section 27 of the Ontario Heritage Act, the following property be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significant, attached as Appendix `A', to Community Services Department report CSD -14 -036: • 82 Weber Street East.' (Carried, as Amended) COUNCIL MINUTES MAY 26, 2014 -120- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER — (CONT'D) 4. That consideration of listing 85 Queen Street North on the City's Municipal Heritage Register be deferred to the June 3, 2014 Heritage Kitchener meeting to allow time for the property owner to submit additional comments. MAY 26, 2014 El 3 COUNCIL MINUTES -121- COMMITTEE OF THE WHOLE BY -LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: CITY OF KITCHENER "That the by -laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. FCS -14 -085 — Municipal Election Compliance Audit Committee (MECAC) Council considered Finance and Corporate Services Department report FCS -14 -085 (C. Tarling), dated May 9, 2014. It was resolved: "That participation on the Municipal Election Compliance Audit Committee and the Terms of Reference attached as Appendix "A" to Finance and Corporate Services Department report FCS -14 -085, be approved; and, That the City Clerk be delegated the authority to appoint members of the Municipal Election Compliance Audit Committee, in consultation with the Clerks of the other participating municipalities; and further, That remuneration of $150 per diem plus the applicable mileage rate be approved for members of the Municipal Election Compliance Audit Committee." 3. FCS -14 -097 — Banking Services — Contract Extension Council considered Finance and Corporate Services Department report FCS -14 -097 (B. Johnson), dated May 20, 2014. It was resolved: "That the City of Kitchener's current banking agreement with CIBC be extended by up to one year to expire no later than August 31, 2016." 4. FCS -14 -088 — Development Charges By -law Council considered Finance and Corporate Services Department report FCS -14 -088 (R. Hagey), dated May 21, 2014. At the request of Mr. C. Goodeve, Council agreed to amend the recommendation outlined in Report FCS -14 -088 to include an additional clause that would give the Development Charges By -law first and second reading. Councillor K. Galloway- Sealock requested that Clauses 3 and 4 be voted on separately. It was resolved: "That the proposed Development Charges Bylaw in the form attached to report FCS -14- 088 be amended as outlined in Appendix B; and, That the amended Development Charges Bylaw be approved; and, MAY 26, 2014 A COUNCIL MINUTES -122- COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS — (CONT'D) 4. FCS -14 -088 — Development Charges By -law (Cont'd) CITY OF KITCHENER That the industrial development charge rate be reduced by 50% as shown in Table 2 for the period of July 1, 2014 to March 1, 2019, provided the Region of Waterloo reduces their industrial development charge rate by 50 %; and, That an industrial development charge exemption reserve fund be created to fund the 50% reduction in the industrial development charge rate; and, That staff be directed to hold no additional public meetings regarding the passage of the Development Charges Bylaw; and further, That the By -law be given first and second reading." Clauses 3 & 4 — Carried on a recorded vote In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis D. Glenn- Graham, F. Etherington, P. Singh and S. Davey. Contra: Councillor J. Gazzola, K. Galloway - Sealock, Y. Fernandes and Z. Janecki. Balance of Motion - Carried on a recorded vote In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn- Graham, F. Etherington, K. Galloway- Sealock, P. Singh and S. Davey. Contra: Councillors Z. Janecki and J. Gazzola.