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HomeMy WebLinkAboutCouncil - 2014-06-16Kell] I:N10khIlki Lei I *? JUNE 16, 2014 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor B. Vrbanovic. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by Favia Gonzalez, King School of Vocal. 2. MINUTES — On motion by Councillor P. Singh, the minutes of the regular meeting held May 26, 2014 and special meetings held May 26 & June 9, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - Councillor F. Etherington declared a pecuniary interest with respect to Clause 5 on the Heritage Kitchener report as he owns property in the vicinity of 4 Theresa Street; and, accordingly, he abstained from all discussion and voting regarding that matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. - Certificates of Appreciation and Long Service Recognition Awards Councillor Z. Janecki entered the meeting at this time. Ms. J. Ouellette, Facilitator, Volunteer Resources, introduced long service awards to be presented to minor sports groups and neighbourhood associations who have made significant volunteer contributions to the City's recreation and leisure services. Mayor C. Zehr and respective Ward Councillors presented awards to the following: The following affiliated group received the Certificates of Appreciation: • K W Woodworking & Craft Centre 10 years The following minor sports groups received Certificates of Appreciation: • Waterloo Region Nordic Sports Club 30 years • Stanley Park T -Ball 40 years • Kitchener Boys Softball 45 years • Kitchener Ringette Association 50 years The following Neighbourhood Associations received the Certificates of Appreciation: • Cedar Hill Community Group 25 years • Central Frederick Neighbourhood Association 35 years • Centreville- Chicopee Community Association 35 years 5.b. - 2013 Citizen's Report Card Ms. Sarah Marsh, Ms. Tristan Wilkin and Mr. Chris Hyde, Compass Kitchener, presented the 2013 Citizen's Report Card, as outlined in Chief Administrator's Office report CAO -14 -033 (L. Majcher). It was noted that 80 different measures related to the strategic priorities and directions included in the City's 2011 -2014 Strategic Plan were reviewed to develop the Report Card. In addition, more comprehensive data was used compared to previous years, which will represent a baseline for future evaluations. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That the Compass Kitchener 2013 Citizens' Report Card, as outlined in Chief Administrator's Office report CAO -14 -033, be endorsed." Carried. COUNCIL MINUTES JUNE 16, 2014 -127- CITY OF KITCHENER 6. DELEGATIONS — 6.a. - OPA 13 /03 /D /JVW — Robert Ferrie Drive Mr. Paul Britton, MHBC Planning, addressed Council in support of Official Plan Amendment OPA 13 /03 /D /JVW and Schedule "C" Environmental Assessment (EA) for the westerly extension of Robert Ferrie Drive to Strasburg Road; listed as Clause 2 on the Planning and Strategic Initiatives Committee report. On motion by Councillor K. Galloway - Sealock, seconded by Councillor S. Davey, Clause 2 of the Planning and Strategic Initiatives Committee report was brought forward for consideration. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor D. Glenn- Graham, to amend Paragraph 7 of Clause 2 to set the timing for the Biehn Drive Extension EA in 2020 as provided for in the existing Capital Forecast. Mr. J. Willmer advised Council does not have the capacity to bind the actions of a future Council; and is therefore not able to affix a firm date beyond its current term as to when that EA would proceed. He suggested alternative wording to acknowledge that the current Capital Forecast has the project slated for 2020. Councillor Fernandes consented to revising her amendment to reflect the suggested wording. Councillor Fernandes' amendment was then voted on and was Carried Unanimously on a recorded vote by all members present. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor S. Davey "That Clause 2 on the Planning and Strategic Initiatives Committee report, be approved, as amended." Carried Unanimously on a recorded vote by all members present. Heritage Permit Application HPA 2014 -V -009 - 4 Theresa Street Ms. Heather Campbell appeared in opposition to the recommended refusal of Heritage Permit Application HPA 2014 -V -009 to permit alterations and additions to 4 Theresa Street; listed as Clause 5 on the Heritage Kitchener report. Ms. Campbell circulated copies of the design of the house that is proposed to be constructed on the subject property. She acknowledged that while the design was created by a former member of Heritage Kitchener, it does not comply with the conservation guidelines set out in Victoria Park Heritage Conservation District Plan. She indicated that 4 Theresa Street is not a key historic residence within the District, adding the proposal represents the restructuring of a historic home on the existing frame with a contemporary vision. She requested Council's support for the proposed design and approval of the subject Heritage Permit Application. Mr. Stephen Litt addressed Council in support of the design proposal presented by Ms. Campbell and requested Council approve Heritage Permit Application HPA 2014 -V -009. In response to questions, Mr. M. May, Deputy CAO — Community Services, advised the delegation fully admits that the design of the new house at 4 Theresa Street does not comply with the Victoria Park Heritage Conservation District Plan. He commented that if Council decides to put aside the guidelines of the District Plan, this could set a significant precedent that may hinder the City's ability to apply those guidelines in the future. Moved by Councillor P. Singh Seconded by Councillor Y. Fernandes "That Clause 5 of the Heritage Kitchener report, be adopted." A recorded voted was requested. Clause 5 — Carried, on a recorded vote. COUNCIL MINUTES JUNE 16, 2014 -128- CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors K. Galloway - Sealock, D. Glenn- Graham, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Councillors S. Davey, B. loannidis and P. Singh. Absent: Councillor B. Vrbanovic Pecuniary Interest & Abstention: Councillor F. Etherington as he own property in the vicinity of the subject area. Tender T14 -029 — Road Reconstruction Contract Kennedy / Palmer Avenue Mr. Terry Ross addressed Council in opposition to awarding Tender T14 -029 for the reconstruction of Kennedy and Palmer Avenues, listed as Item 8.a. under Unfinished Business. He stated that while he participated in a site visit with staff and some members of Council on June 10, 2014, none of the alternative alignments proposed for the sidewalk would have allowed for the preservation of the existing street trees. Accordingly, he requested that Council reject the subject Tender and not move forward with the reconstruction Kennedy and Palmer Avenues at this time. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "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." A recorded voted was requested. LOST on a tie vote. In Favour: Mayor C. Zehr and Councillors K. Galloway - Sealock, S. Davey, B. loannidis and P. Singh. Contra: Councillors Z. Janecki, F. Etherington, D. Glenn- Graham, J. Gazzola and Y. Fernandes. Absent: Councillor B. Vrbanovic A motion was brought forward by Councillor S. Davey, seconded by Councillor K. Galloway - Sealock, to reconsider the vote taken on Tender T14 -029 - Road Reconstruction Contract Kennedy Avenue and Palmer Avenue. Councillor Davey's motion to reconsider was voted on and was Lost on a recorded vote as it failed to receive the required 2/3 majority of members present, with Councillors K. Galloway - Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh voting in favour; and, Mayor C. Zehr and Councillors Z. Janecki, J. Gazzola, D. Glenn- Graham and Y. Fernandes voting in opposition. Councillor B. Vrbanovic was absent from the meeting and accordingly did not vote. 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. Councillor Y. Fernandes requested a recorded vote on Expression of Interest E14 -043 for consultant services to undertake Hydrologic and Hydraulic Study of the Hidden Valley Creek Watershed, listed as Item B.1.vi on the Committee of the Whole agenda. COUNCIL MINUTES JUNE 16, 2014 -129- CITY OF KITCHENER Moved by Councillor B. loannidis Seconded by Councillor Y. Fernandes "That Tender T14 -054 Three (3) 29,936 kg (66,000 lb) G.V.W. Tandem Rear Axle Conventional Cab and Chassis, be awarded to Team Truck Centres Limited, Kitchener, Ontario, at their tendered price of $299,985., plus H.S.T. of $38,998.05, for a total of $338,983.05." 951ii eE "That Expression of Interest E14 -035 — Consultant Services — Siebert Avenue (Clark Avenue to Vanier Drive) Road Reconstruction, be awarded to IBI Group, Waterloo, Ontario at their estimated fee of $235,394.50, including contingencies of $21,399.50 plus H.S.T. of $30,601.29, for a total of $265,995.79, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T14 -059 Two (2) 59 kw (79 net hp) All -Wheel Drive Rubber Tired Industrial Tractor with Front -End Loader, be awarded to Strongco Limited Partnership, Kitchener, Ontario, at their tendered price of $165,800., plus H.S.T. of $21,554., for a total of $187,354." -and - "That Tender T14 -060 — Towing Services, be awarded to Becker Bros. Towing, Kitchener, Ontario, at their tendered price of $80,610. plus H.S.T. of $10,479.30, for a total of $91,089.30, with an option to renew for two (2) additional twelve (12) month terms." 951ii eE "That Tender T14 -061 — Desktop Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario, at their adjusted tendered price of $157,920. plus H.S.T. of $20,529.60 for a total of $178,449.60 with an option to renew for two (2) additional twelve (12) month terms." -and - "That Expression of Interest E14 -043 Consultant Services — Hydrologic and Hydraulic Study of the Hidden Valley Creek Watershed, be awarded to WalterFedy, Kitchener, Ontario at their estimated fee of $64,713., including contingencies of $5,883., plus H.S.T. of $8,412.69, for a total of $73,125.69, based on a satisfactory contract being negotiated and an upset fee being established." 951ii eE "That software for the SAP Customer Relationship and Billing (SAP) Implementation Project, be awarded to SAP Canada Inc., Toronto, Ontario, at their price of $1,450,000., plus H.S.T. of $188,500., for a total of $1,638,500." Item B.1.vi — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors K. Galloway - Sealock, S. Davey, B. loannidis, P. Singh, Z. Janecki, F. Etherington, J. Gazzola and D. Glenn- Graham. Contra: Councillor Y. Fernandes. Absent: Councillor B. Vrbanovic Balance of Tenders — Carried. COUNCIL MINUTES JUNE 16, 2014 -130- CITY OF KITCHENER 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." A motion was brought forward by Councillor P. Singh, seconded by Councillor F. Etherington, to amend Clause 7 of the Committee report to include an additional paragraph directing staff to contact the municipality of Bobcaygeon regarding its experience in previously hosting Big Music Fest. Councillor Singh's amendment was voted on and was Carried. Councillor Singh requested that Paragraph 7 of Clause 7 be voted on separately. The Committee report was then voted on clause by clause. Clause 7 (Paragraph 7) — Carried Unanimously on a recorded vote. Balance of Clause 7 — Carried, as Amended, on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Gazzola, K. Galloway - Sealock, B. loannidis, D. Glenn- Graham, F. Etherington, Y. Fernandes, S. Davey and Z. Janecki. Contra: Councillor P. Singh. Absent: Councillor B. Vrbanovic Balance of report - Carried. 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 S. Davey requested that Clauses 5, 6 and 7 of the Committee report be voted on separately. In regards to Clause 5, Councillor D. Glenn- Graham requested that staff report back to a future meeting with information regarding the applicability of providing incentives to customers similar to those offered by Union Gas. A motion was brought forward by Councillor S. Davey, seconded by Councillor B. loannidis, to amend Paragraph 2 of Clause 7 to include the grandfathering of paper bills as part of the strategies being examined to address any budget shortfall related to postage costs. Councillor Davey's amendment was then voted on and was Carried. The Committee report was then voted on clause by clause. Clause 5 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors K. Galloway - Sealock, B. loannidis, D. Glenn - Graham, F. Etherington, Y. Fernandes and P. Singh. COUNCIL MINUTES JUNE 16, 2014 -131- CITY OF KITCHENER Contra: Councillors J. Gazzola, S. Davey and Z. Janecki. Absent: Councillor B. Vrbanovic Clause 6 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, D. Glenn- Graham, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Councillors S. Davey, K. Galloway - Sealock, F. Etherington and P. Singh. Absent: Councillor B. Vrbanovic Clause 7 — Carried, as amended. Balance of report - Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor S. Davey "That the report of the Planning & Strategic Initiatives Committee be adopted." A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor S. Davey, to amend the final Paragraph of Clause 1 of the Committee report to remove the reference to `feasibility' with respect to the installation of a gate with a fence separating Marisa Park from 137 Bridge Street East. Councillor Fernandes' amendment was then voted on and was Carried. Councillor Z. Janecki spoke in opposition to Clause 3 of the Committee report and asked that it be voted on separately. The Committee report was then voted on clause by clause. Clause 1 — Carried, as amended. Clause 3 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, D. Glenn- Graham, Y. Fernandes, S. Davey, K. Galloway - Sealock, F. Etherington and P. Singh. Contra: Councillors J. Gazzola and Z. Janecki. Absent: Councillor B. Vrbanovic 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor F. Etherington Seconded by Councillor P Singh "That the report of Heritage Kitchener be adopted." Councillor B. loannidis requested that Clause 6 of the Committee report be voted on separately. Voted on clause by clause. COUNCIL MINUTES JUNE 16, 2014 -132- CITY OF KITCHENER Clause 6 - Carried. Balance of report - Carried. 8. UNFINISHED BUSINESS — Dealt with under Delegations. 9. NEW BUSINESS — Councillor F. Etherington gave notice of his intention to introduce the following motion at the special Council meeting being held on June 23, 2014: "That a temporary exemption be granted to the 2014 Food Truck program to permit a single food truck to be allowed to operate near the location in Victoria Park where boats are rented or near the Boathouse and the lake, subject to the approval of the Boathouse operator; and, That the proposed temporary additional Victoria Park location be permitted from June 30, 2014 until the time the Boathouse reopens and subject to the operator(s) complying with the requirements of the Food Truck Licensing By -law; and further, That the Mayor and Clerk be authorized to execute an amendment to its lease agreement with Imbibe Entertainment, Inc. dated February 12, 2014 to allow a Food Truck to operate in close proximity to the Boathouse at Victoria Park until such time as the Boathouse opens for business." 10. QUESTIONS AND ANSWERS — In response to questions, staff agreed to investigate and, where necessary, provide additional information on the following matters: • The status of the potential installation of a sidewalk on Vista Crescent; • The installation of boulevard trees on Fallowfield Drive and any potential action that could be taken regarding the Letter of Credit provided by the developer; • The possible removal of the dead trees along King Street; • Consideration of an addendum to the City's scent in the workplace policy to ensure that firefighters are not wearing any scents that may offend members of the public when responding to an emergency; • The removal and replanting of street trees in the Activa Subdivision, which in some instances have been deceased for approximately eight years; and, • The status of the warranty provided by the contractor who installed the street trees along Huron Road. 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 related to Clauses 1, 2 and 3 of the Planning and Strategic Initiatives Committee report. Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway- Sealock "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 59 to 64 inclusive, Part Lots 67 to 73 inclusive and Part Lots 77 to 80 inclusive, Registered Plan 58M -570 — Renfrew Street. b. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 85 to 95, Registered Plan 58M -568 — Renfrew Street. Being a by -law to exempt certain lots from Part Lot Control — Part of Block 29, Registered Plan 58M -392 — Upper Mercer Street. COUNCIL MINUTES JUNE 16, 2014 -133- CITY OF KITCHENER d. To confirm all actions and proceedings of the Council. e. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law of the City of Kitchener — Aberdeen Corp. — Part of Lot 112, German Company Tract. f. Being a by -law to adopt Amendment No. 102 to the Official Plan. g. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 1869071 Ontario Limited, 1011 & 1111 Homer Watson Boulevard. 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 P. Singh as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor P. Singh 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 K. Galloway- Sealock "That the by -laws be given third reading, namely: a. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 59 to 64 inclusive, Part Lots 67 to 73 inclusive and Part Lots 77 to 80 inclusive, Registered Plan 58M -570 — Renfrew Street. (By -law No. 2014 -070) b. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 85 to 95, Registered Plan 58M -568 — Renfrew Street. (By -law No. 2014 -071) C. Being a by -law to exempt certain lots from Part Lot Control — Part of Block 29, Registered Plan 58M -392 — Upper Mercer Street. d. To confirm all actions and proceedings of the Council. (By -law No. 2014 -072) (By -law No. 2014 -073) e. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law of the City of Kitchener — Aberdeen Corp. — Part of Lot 112, German Company Tract. (By -law No. 2014 -074) COUNCIL MINUTES JUNE 16, 2014 -134- CITY OF KITCHENER Being a by -law to adopt Amendment No. 102 to the Official Plan. (By -law No. 2014 -075) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 1869071 Ontario Limited, 1011 & 1111 Homer Watson Boulevard. (By -law No. 2014 -076) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:43 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 16, 2014 -135- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Plan 657 Lot 68, Part Lots 56 — 57, Plan 58R4491 Part 4, known as 1440 King Street East, pursuant to Section 3.2.3.1.(11) of the Ontario Building Code, said agreement to permit the construction of new exterior windows with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent City open park space, Plan 657 Lot 59, Part Lot 58, Plan 58R1889 Parts 1- 4, Part Lot 16 Subdivision of Lot 1 German Company Tract, Plan 58R5751 Part 3, known as Edmund Green, as outlined in Community Services Department report CSD -14 -050. 2. That the Region of Waterloo and its contactor(s) be exempt from the provisions of the City of Kitchener Municipal Code Chapter 450 (Noise) Article 6 Construction Work, between the hours of 7:00 p.m. to 7:00 a.m. for the period from Friday, June 20, 2014 to Sunday, June 22, 2014, for the paving of surface asphalt of Westmount Road from Greenbrook Drive to Queens Boulevard, as outlined in Infrastructure Services Department report INS -14 -058. 3. That the Public Art and Industrial Artifact Conservation Planning for restoration and ongoing maintenance be approved, as outlined in Chief Administrator's Office report CAO -14 -022. 4. That the Adult Crossing Guard Facility be installed, on a temporary basis for a period from September 1, 2014 to June 30, 2016 on Apple Ridge Drive at Pine Valley Drive, as outlined in Infrastructure Services Department report INS -14 -057. 5. That the Safe and Healthy Community Advisory Committee continue as an advisory committee of Council; and further, That existing Council Policy 1 -125 (Safe and Healthy Community Advisory Committee - Terms of Reference), be repealed and replaced with the revised Terms of Reference attached to Community Services Department report CSD -14 -065, save and except for Section 2.a)iv. whereby the representation from other suburban wards has been increased to two residents. That an additional $67,400 be allocated to fund the City's portion of the Forest Heights Col leg iate /Pool /Library /Sportsfields/Tennis Court parking lot renovations scheduled to be undertaken by the Waterloo Region District School Board (WRDSB); and further, That the additional funding required for the City's portion of this project be re- prioritized from existing City capital budgets, as outlined in Community Services Department report CSD -14- 053. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with Big Musicfest Inc. for an event to be held at McLennan Park from Friday, July 11, 2014 to Sunday, July 13, 2014, and to sign any further agreements with Hydro One Inc. and the Regional Municipality of Waterloo as may be required to obtain their consent for the Event, as outlined in Chief Administrator's Office report CAO -14 -031; and, That the Manager of Special Events be authorized to execute such further minor ancillary agreements on behalf of the City as are necessary to give effect to the foregoing, subject to the satisfaction of the City Solicitor; and, That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Big Music Fest on July 10, 2014, between the hours of 2:00 p.m. and 7:00 p.m., and on July 11, 2014, between the hours of 3:00 p.m. and 11:00 p.m. as well as on July 12 and 13, 2014, between the hours of 3:00 p.m. and 11:00 p.m.; and, That the approach to the on- street parking plan and enforcement in the residential areas adjacent to McLennan Park, be endorsed as outlined in Report CAO -14 -031; and, COUNCIL MINUTES JUNE 16, 2014 -136- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 7. (Cont'd) That Robertson Amusements be granted permission to operate a Midway in McLennan Park, during the Big Music Fest from July 11 -13, 2014 provided the required licence be obtained prior to operating the Midway; and, That staff be authorized to conduct a random drawing to distribute 46 of the 106 free tickets obtained by the City from Big Musicfest Inc. within the neighbourhood affected by the concert, subject to contest rules satisfactory to the City Solicitor, and that the remaining 60 free tickets be distributed by the Neighbourhood Associations to be sold for fundraising purposes or otherwise distributed at their discretion; and, That the letter of credit for event related expenses from Big Music Fest be increase from $50,000. to $70,000.; and further, That staff be directed to contact the municipality of Bobcaygeon regarding its experience previously hosting Big Music Fest. (Carried, As Amended) FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener - Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 10 to October 18, 2014 at Bingeman's KOOL Haus tent, 425 Bingemans Centre Drive, Kitchener, as outlined in Finance and Corporate Services Department report FCS -14 -098. 2. That the licence fee for the Heart and Hand Festival on September 27, 2014 taking place at the Joseph Schneider Haus be reduced to $51.10, as outlined in Finance and Corporate Services Department report FCS -14 -102. 3. That the Mayor and Clerk be authorized to execute the Municipal Funding Agreement, subject to the satisfaction of the City Solicitor, for the Transfer of Federal Gas Tax Funds, as outlined in Finance and Corporate Services Department report FCS -14 -101; and further, That the City Treasurer be delegated the authority to administer the provisions of the Municipal Funding Agreement. 4. That the lands located at the corner of Courtland Avenue East and Benton Street, described as Part 9, 58R- 16135, be declared surplus to the City's needs, and easements be granted to KW Hydro and the owner(s) of 145 Benton Street prior to the conveyance of the land and the land be conveyed to the owner(s) of 39 Courtland Avenue East at fair market value, as outlined in Chief Administrator's Office report CAO -14 -027; and further; That the Mayor and Clerk be authorized to execute any documentation required to create the easements and subsequently convey said lands; subject to the satisfaction of the City Solicitor. 5. That Council Policy 1 -560 (Gas Purchase Policy) be modified to implement the Market Responsive Portfolio Policy, which includes a reduction in the purchasing timeframe from five years to three years and reduces the current minimum and maximum "rails" as set out in the revised policy criteria, as outlined in Appendix `B' the Infrastructure Services Department report INS -14 -014. 6. That $350,000. be approved to the Centre in the Square from the General Capital Contingency account to fund the costs of deferred capital maintenance, as outlined in Finance and Corporate Services Department report FCS -14 -103. COUNCIL MINUTES JUNE 16, 2014 -137- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) That staff be directed to promote e -post, and implement alternative ways for customers to view and print their bills as part of the SAP billing system implementation (option #3 in FCS -14 -095) to reduce future postage costs, as outlined in Finance and Corporate Services Department report FCS -14 -095; and further, That staff be directed to develop strategies, including the grandfathering of paper bills, to address any current postage budget shortfall as part of the 2015 budget planning process. (Carried, As Amended) PLANNING AND STRATEGIC INITIATIVES COMMITTEE — That Zone Change Application ZC13 /12 /B /AP (137 Bridge Street East; Aberdeen Corp.) for the purpose of changing the zoning from Residential Three Zone (R -3) to Residential Six Zone (R -6) on the lands specified on Map No.1, in the form shown in the "Proposed By -law" dated April 30, 2014, attached to Community Services Department report CSD -14 -038 as Appendix A', be approved; and, That the Bridgeport East Secondary (Community) Plan be amended as follows: That Policy 5.4 Multiple Residential Low Density be amended by adding Policy 5.4.3 as follows: "5.4.3 Notwithstanding the Multiple Residential Low Density designation outlined in Policy 5.4.1, which recognizes existing residential structures containing three or more units, new residential structures containing three or more units shall also be permitted on the lands specified as Special Policy #1 on `Bridgeport East Secondary Plan: Land Use — Map A% That Policy 5.11.4 be deleted in its entirety; iii) That `Bridgeport East Secondary Plan: Land Use — Map A' be amended as shown in Appendix C, to change the Community Plan designation of the lands described as Part of Lot 112, German Company Tract from Residential Low Density to Multiple Residential Low Density with Special Policy #1; and, That staff be directed to include a 2.44 metre (8 foot) high visual barrier along the lot line separating the proposed parking area from the rear yards of adjacent residential properties as part of the approval of Site Plan Application SP14 /036 /B /AP, to the satisfaction of the City's Manager of Site Development and Customer Service; and further, That staff be directed to consider the installation of a gate within the fence that separates Marisa Park from the subject property to allow park access, as part of the approval of Site Plan Application SP14 /036 /B /AP, to the satisfaction of the City's Manager of Site Development and Customer Service. (Carried, As Amended) That the Preferred Alignment Modified 2(4) for the Robert Ferrie Drive Extension from Evens Pond Court westerly to Strasburg Road be approved; and, That the Preliminary Design for the Preferred Alignment as modified and the Environmental Study Report (ESR) be endorsed, and that staff be directed to submit the document to the Ministry of the Environment (MOE) for filing in the Public Record for the mandatory 45 -day public review period; and, COUNCIL MINUTES JUNE 16, 2014 -138- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) 2. (Cont'd) That Official Plan Amendment OPA13 /03 /D /JVW to show the preferred alignment for the westerly extension of Robert Ferrie Drive from its current terminus to Strasburg Road on Maps 4 and 5 of the Official Plan, be adopted, in the form shown in the proposed Official Plan Amendment, as attached to Community Services Department report CSD -14 -037 as Appendix A', and, That staff be directed to forward the Official Plan Amendment to the Region of Waterloo for approval once the 45 -day public viewing period for the ESR is released from the Ministry of the Environment; and, That staff be directed to amend the Transportation and Land Use Maps in the Doon South and Brigadoon Community Plans to reflect the preferred Alignment for the westerly extension of Robert Ferrie Drive from Evens Pond Court to Strasburg Road once the Official Plan is approved by the Region and past the appeal period; and, That the Region be requested to amend Map 5 of the New Kitchener Official Plan to reflect this Official Plan Amendment; and, That staff be directed to proceed with the Biehn Drive Extension EA following the approval of the Official Plan Amendment and that it be coordinated with the EA for the Sanitary Sewer Extension along Biehn Drive, which is currently stated as 2020 in the existing Capital Forecast; and further; That the Doon South- Brigadoon Transportation Network and Corridor Study Report be superseded by the ESR document and Amendment with respect to the preferred alignment for the westerly extension of Robert Ferrie Drive to Strasburg Road, as outlined in Community Services Department report CSD -14 -037. (Dealt with under Delegations and Carried Unanimously on a recorded vote by all members present) 3. That Zone Change Application ZC 13/11/H/KA (1869071 Ontario Ltd.) for the purpose of changing the zoning from General Industrial Zone (M -2) and General Industrial Zone (M -2) with Special Use Provision 22U to General Industrial Zone (M -2) with Special Use Provision 432U and Special Regulation Provision 643R and Hazard Land Zone (P -3) be approved in the form shown in the "Proposed By -law" dated April 9, 2014 attached to Report CSD 14 -014 as Appendix `B', provided that `commercial recreation' is not removed as a permitted use from Block 2 of Draft Plan of Subdivision 30T -13202 at this time; and, That the City of Kitchener grant an exemption to Council Policy 1 -1035, `Emergency Access Policy', in regards to the future development proposed on the lands municipally addressed as 1011 and 1111 Homer Watson Boulevard, to allow a temporary cul -de -sac having a length of 250 metres, provided that any building located farther than 60 metres from the intersection of Bullock Street and Pearson Street, shall be provided with a Fire Route, secured in by a right -of -way, leading to a public right -of -way in order to provide a secondary means of access to any such building; and, That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by -law 2002 -64, grant draft approval to Plan of Subdivision Application 30T -13202 in the City of Kitchener, for 1869071 Ontario Ltd., subject to the conditions outlined in Report CSD -14 -014 including the revised conditions from the Regional Municipality of Waterloo identified as Section 3 of Recommendation C; and further, That Staff be directed to report to Committee and Council by December 31, 2015, on the potential processing of another Zoning By -law amendment to remove Commercial Recreation from the list of permitted uses for the lands identified as Block 2 on Draft Plan of Subdivision 30T- 13202, as attached to Report CSD -14 -014 as Appendix A'. COUNCIL MINUTES JUNE 16, 2014 -139- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER — That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -IV -010 be approved to permit the replacement of existing wood windows with new wood windows, at the property municipally addressed as 41 -45 King Street West in accordance with the supporting information submitted with the application. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -IV -014 be approved to permit the removal and installation of exterior steps to an enclosed porch at the property municipally addressed as 35 Gordon Avenue, in accordance with the supporting information submitted with the application and subject to the following conditions: i) That the final building permit drawings be reviewed and heritage clearance provided by heritage planning staff prior to the issuance of a building permit. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -IV -013 be approved to permit the installation of cedar or asphalt shingles at the property municipally addressed as 39 Doon Valley Drive in accordance with the supporting information submitted with the application. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -006 be approved to permit the demolition of an existing single detached dwelling and accessory structures, and the construction of a new single detached dwelling on the property municipally addressed as 1122 Doon Village Road, in accordance with the supporting information submitted with the application and subject to the following condition: i) That the final building permit drawings be reviewed and heritage clearance provided by heritage planning staff prior to the issuance of a building permit. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -008, to permit alterations and additions to the property municipally addressed as 4 Theresa Street in accordance with the supporting information submitted with the application, be refused. (Dealt with under Delegations) That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -009 be approved to permit the demolition of all buildings at the property municipally addressed as 51 -53 David Street. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -012, to permit alterations to the front porch, including the previously installed aluminum and glass railing along with the installation of a second railing in behind designed of wood pickets, for cosmetic purposes only, at the property municipally addressed as 64 -66 Weber Street West in accordance with the supporting information submitted with the application, be refused; and further, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -015, to permit alterations to the front porch, including the previously installed aluminum and glass railing along with the installation of a second railing in behind designed of wood pickets, for cosmetic purposes only, at the property municipally addressed as 96 Young Street in accordance with the supporting information submitted with the application, be refused. COUNCIL MINUTES JUNE 16, 2014 -140- 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 — Various Tenders Dealt with under Delegations. 2. FCS -14 -100 — Sign Variance — 107 Victoria Street South Council considered Finance and Corporate Services Department report FCS -14 -100 (D. Saunderson), dated May 21, 2014. It was resolved: "That the application of Jaspal Virk and Manpreet Kaur (SG 2014 -003 — 107 Victoria Street South) requesting permission to install a ground supported sign on a lot having a frontage of 10.4m (34.120') rather than the required 15m (49.212'), on Part Lot 21, Plan 418, 107 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a sign permit shall from the City's Planning Division for the proposed ground supported sign." 3. FCS -14 -104 — Dangerous Dog Designation Appeal Council considered Finance and Corporate Services Department report FCS -14 -104 (D. Livingstone), dated May 28, 2014. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Christine Mackay and Bradley Schmuck, wherein the Committee affirms the Dangerous Dog Designation applied to their dog `Ruben' by the Kitchener - Waterloo and North Waterloo Humane Society and assigns conditions for keeping of said dog, be ratified and confirmed." 4. FCS -14 -115 — Statement of Objection — Delegated Authority Council considered Finance and Corporate Services Department report FCS -14 -115 (L MacDonald), dated June 9, 2014. It was resolved: "That Council authorize the CAO or the DCAO to execute a Consent and Waiver of Notice pertaining to the Application for Absolute Title by Activa Holdings Inc. for the lands located at 571 Huron Road; and further, That Council delegate authorization to the CAO or the DCAO to sign all future Consents and Waivers of Notice, or Statements of Objection, as the case may be, said documents to be to the satisfaction of the City Solicitor." COUNCIL MINUTES JUNE 16, 2014 -141- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 5. FCS -14 -114 — Portion of Unnamed Lane Closure, Declaration as Surplus and Conveyance — 320 Courtland Avenue East Council considered Finance and Corporate Services Department report FCS -14 -114 (L MacDonald), dated June 9, 2014. A motion was brought forward by Councillor J. Gazzola to direct staff to bring forward a report to a future in- camera meeting regarding an assessment of the number of lanes across the City that could be potentially closed and conveyed to adjacent property owners. Councillor Gazzola's motion was voted on and was LOST on a recorded vote, with Councillors Z. Janecki, F. Etherington, J. Gazzola, D. Glenn- Graham and Y. Fernandes voting in favour; and, Mayor C. Zehr and Councillors K. Galloway - Sealock, S. Davey, B. loannidis and P. Singh voting in opposition. It was resolved: "That the closure of a portion of an unnamed lane behind 320 Courtland Avenue E., to be further described by a reference plan to be prepared, be approved in principle, and that the lands being closed be declared surplus to the City's needs and that Legal Services be instructed to proceed with the following: i) obtaining a reference plan; ii) the preparation of an Agreement of Purchase and Sale, with the purchase price calculated at $127.19 /square metre, iii) the preparation of a by -law to close that portion of the lane; and, iv) the necessary advertising in the local newspaper for the closing of the portion of lane; and, That the closure of a portion of the lane and conveyance will be subject to the following conditions: 1. That the reference plan will be completed and deposited prior to the passing of the lane closure by -law; 2. That any necessary easements be granted prior to the conveyance of the closed portion of the lane; 3. That the purchaser (owner of 320 Courtland Ave. E.) be responsible for all of the costs related to the lane closure, including but not limited to the reference plan, City legal fees, advertising and registration associated with the closure of the portion of lane; and, 4. Road closing by -law enacted by Council; and further, That the Mayor and Clerk be authorized to execute all necessary documentation to effect these transactions; said documentation to be to the satisfaction of the City Solicitor." 6. CSD -14 -068 — Williamsburg Community Centre Lease Renewal Council was in receipt this date of Community Services Department report CSD -14 -068 (M. Hildebrand), dated June 16, 2014. It was resolved: "That the Mayor and Clerk be authorized to execute a lease renewal agreement and related documents for the Williamsburg Community Centre in accordance with the direction received in camera on May 26, 2014, such documents to be satisfactory to the City Solicitor."