Loading...
HomeMy WebLinkAboutCouncil - 2014-08-25Kell] I:N10khIlki Lei I *? AUGUST 25, 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 "0 Canada ". On motion by Councillor D. Glenn- Graham, the minutes of the regular meeting held June 30, 3014 and special meetings held June 30 and August 11, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor P. Singh declared a pecuniary interest with respect to Clause 6 of the Finance and Corporate Services Committee report as members of his family own property within the vicinity of the subject lands. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. Update on Activities and Programming at THEMUSEUM Mr. David Marskell, THEMUSEUM, circulated a copy of a presentation outlining the events and exhibits that have taken place at THEMUSEUM over the past ten years. He thanked Council and the City for its continued support. 6. DELEGATIONS — 6.a. Notice of Partial Road Closures Mayor C. Zehr advised that notice had been given that Council would consider this date the adoption of by -laws to close portions of Bridgeport Road, Riverbend Drive, an Unnamed Public Lane adjacent to 62 Waterloo Street and an Unnamed Public Alley behind 320 Courtland Avenue, listed as Items 11 e., f., g., and h. and 14 e., f., g., and h. on the Council agenda. Mayor Zehr inquired if anyone in attendance wished to speak to this matter and no one came forward. 6.b. / 8.a. Out of the Cold Program Council considered Community Services Department report CSD -14 -086 (M. Hildebrand), listed as Item 8.a. under Unfinished Business, which outlines the progress made to find alternative shelter locations in relation to the closure of sites used for the Out of the Cold Program (OOTC). Ms. Sharon Feeney circulated copies of a report on a survey she conducted of 36 people in Kitchener's Downtown core who were asked questions in relation to OOTC services. She urged that something be done to fill the gap in the Region's mandate and asked that Council consider implementing the following: incentives for landlords to provide suitable alternative sites; an investment in City -owned properties that may be used as OOTC sites; and, a more effective avenue of communication to ensure the public is informed of any progress on this matter. In response to questions, Ms. Feeney indicated that due to timing she has not presented her concerns to the Region of Waterloo. She agreed to circulate copies of her report, with an extended version of the survey with comments from the participants. Additionally, she suggested the implementation of a taskforce, partly comprised of OOTC volunteers, could work with the Region on this matter. Mr. Garry Hauke provided an overview of the potential impact the closure of the OOTC sites may have on the community. He concurred with Ms. Feeney's comments that a certain demographic will not attend a formal shelter and suggested Regional resources should be used to ensure the continuation of the OOTC Program. COUNCIL MINUTES AUGUST 25, 2014 -175- CITY OF KITCHENER Ms. Birgit Lingenberg and Ms. Christian Lingenberg addressed Council to request the City's assistance to ensure the continuation of the OOTC Program. Mr. Robert Campbell was in attendance to request the City of Kitchener provide support to ensure the continuation of the OOTC Program. He stated outreach workers should be hired to support the OOTC volunteers, adding volunteers need to receive proper training around drug use and mental health issues. He suggested the City could help to mitigate some of the issues occurring at OOTC sites by lobbying for safe injection sites to be located in Kitchener. Mr. Charles Nichols, along with another delegate, addressed Council advising that a broad community discussion needs to be held on this issue, and should include the people who access these services. They requested the City's assistance with restoring the three OOTC sites that will not be operating this winter. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor F. Etherington, to invite the Region of Waterloo to attend the September 8, 2014 Community and Infrastructure Services Committee meeting to present on the issue of homelessness and the OOTC Program, and to direct staff to provide a report at that meeting regarding the establishment of a taskforce to bring forward recommendations to the November 10, 2014 Community and Infrastructure Services Committee meeting. At the request of Mr. M. May, Deputy CAO — Community Services, Council agreed that notwithstanding the guidelines set out in Municipal Code Chapter 25 (Procedure), the requested report would not need to be circulated until September 5, 2014. Councillor K. Galloway - Sealock requested that information be provided at the September 8, 2014 Committee meeting, regarding costs to assist the OOTC Program financially. Council agreed to amend Councillor Vrbanovic's motion to incorporate this request. Councillor S. Davey noted that the City's Safe and Healthy Community Advisory Committee is scheduled to meet on September 4, 2014, and suggested that if possible, the requested report be reviewed by that Committee. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington "That staff from the Region of Waterloo be invited to attend the September 8, 2014 Community and Infrastructure Services Committee meeting to present on the issue of homelessness and the Out of the Cold Program (OOTC), including what it would cost to assist the OOTC Program financially; and further, That staff be directed to bring forward a joint recommendation, in conjunction with Regional staff, to the September 8, 2014 Committee meeting on the establishment of a taskforce involving social agencies, government, private sector and other community partners, with the taskforce to bring forward recommendations for short -term solutions at the November 10, 2014 Community and Infrastructure Services Committee meeting and longer -term solutions sometime thereafter." Carried Unanimously on a recorded vote. 6.c. Natural Gas Rates Council considered Infrastructure Services Department report INS -14 -083 (W. Malcolm), concerning the potential impact of a $0.01, $0.02 and $0.03 reduction in the fixed daily charge for Natural Gas M1 customers from the proposed $0.73 fixed daily charge; listed as Clause 5 on the Finance and Corporate Services Committee report. Mr. Harald Drewitz and Ms. Trysha Warton addressed Council regarding the proposed 2014 natural gas rate increases and urged Council to lower the daily fixed rate below $0.73. Concerns were expressed regarding the use of the Gas Utility Stabilization Reserve to provide a dividend to the City's operating budgets. Additionally, questions were raised with respect to the financial reporting undertaken by the City regarding the Reserve. COUNCIL MINUTES AUGUST 25, 2014 -176- CITY OF KITCHENER In response to questions, Ms. P. Houston, Deputy CAO — Infrastructure Services, advised the information contained in Report INS -14 -083 reflects the balance that would be in the Gas Utility Stabilization Reserve at the end of 2015. She noted that a $0.03 reduction to the rate would result in a negative balance within that Reserve. She confirmed the minimum balance established for the Stabilization Reserve is approximately $3.7M. Mr. D. Chapman, Deputy CAO — Finance and Corporate Services, indicated the City is required, under law, to report under Public Sector Accounting Board standards issued by the Canadian Institute of Chartered Accountants. He added the City has historically received the government award for financial reporting, issued by the Government's Finance Officers Association for going above and beyond the standards for presenting financial results. On motion by Councillor S. Davey, seconded by Councillor P. Singh, Clause 5 on the Finance and Corporate Services Committee report was brought forward for consideration. At the request of Councillor Y. Fernandes, Council agreed to vote on each component of the motion separately. Paragraph 3 of Clause 5 pertaining to the daily fixed rate for M1 customers being set at $0.70 as opposed to $0.73 was voted on and was LOST on a recorded vote with Councillors Y. Fernandes, D. Glenn- Graham, Z. Janecki and J. Gazzola voting in favour; and, Mayor C. Zehr and Councillors K. Galloway - Sealock, B. Ioannidis, F. Etherington, B. Vrbanovic, S. Davey and P. Singh voting in opposition. A motion was brought forward by Councillor P. Singh, seconded by Councillor Y. Fernandes, to reduce the daily fixed rate for M1 customers from $0.73 down to $0.72. Councillor Singh's motion was then voted on and was LOST on a recorded vote with Councillors Y. Fernandes, D. Glenn- Graham, Z. Janecki, P. Singh and J. Gazzola voting in favour; and, Mayor C. Zehr and Councillors K. Galloway - Sealock, B. Ioannidis, F. Etherington, B. Vrbanovic and S. Davey voting in opposition. A motion was brought forward by Councillor S. Davey, seconded by Councillor K. Galloway - Sealock, to set the daily fixed rate for M1 customers at $0.73, as outlined in Appendix `A' of Infrastructure Services Department report INS -14 -083. Councillor Davey's motion was voted on and was Carried on a recorded vote with Mayor C. Zehr and Councillors K. Galloway- Sealock, B. Ioannidis, F. Etherington, B. Vrbanovic, S. Davey and P. Singh voting in favour; and, Councillors Y. Fernandes, D. Glenn- Graham, Z. Janecki and J. Gazzola voting in opposition. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That Clause 5 of the Finance and Corporate Services Committee report, be adopted, as amended." Clause 5 (Paragraph 1) - Carried Unanimously on a recorded vote. Clause 5 (Paragraph 2) - Carried Unanimously on a recorded vote. Clause 5 (Paragraph 3) - Carried, as Amended, on a recorded vote. 8.b. On- street Parking Regulations - Commonwealth Street Council considered Infrastructure Services Department report INS -14 -079 (J. Readman), listed as Item 8.b. under Unfinished Business, to prohibit stopping at any time on the north side of Commonwealth Street. COUNCIL MINUTES AUGUST 25, 2014 -177- CITY OF KITCHENER Ms. Trysha Warton addressed Council to express concern that the implementation of the proposed parking prohibition would only result in an increase in the number of vehicles parking on Isabella Street and Commonwealth Crescent. On motion by Councillor K. Galloway - Sealock, seconded by Councillor P. Singh, the recommendation contained in report INS -14 -079 was brought forward for consideration. A motion was brought forward by Councillor Z. Janecki to defer consideration of Councillor Galloway - Sealock's motion to the November 10, 2014 Community and Infrastructure Services Committee meeting to allow time for staff to investigate the impact the proposed parking prohibition may have on area streets. Councillor Janecki's deferral motion was then voted Councillor Z. Janecki voting in favour; and, Mayor C. loannidis, F. Etherington, B. Vrbanovic, S. Davey, P. Gazzola voting in opposition. Moved by Councillor Galloway - Sealock Seconded by Councillor P. Singh on and was LOST on a recorded vote with Zehr and Councillors K. Galloway - Sealock, B. Singh, Y. Fernandes, D. Glenn- Graham and J. "That the existing no stopping any time 8:00 a.m. - 4:30 p.m. Monday - Friday on the north side of Commonwealth Street be extended easterly to Commonwealth Crescent; and, That stopping be prohibited at any time 8:00 a.m. - 4:30 p.m. Monday - Friday on the south side of Commonwealth Street from a point 108m east of the westerly leg of Commonwealth Crescent to a point 40m east thereof; and further, That the Uniform Traffic By -law be amended accordingly." Carried. 6.d - 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 that Expression of Interest E14 -067 (Consultant Services - Comprehensive Review of Off - Street Parking & Loading), listed as Item B.1.ii on the Committee of the Whole agenda be voted on separately. A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor B. Vrbanovic, to defer consideration of Expression of Interest E14 -064 [Consultant Services - Impact Analysis of the Economic Development Investment Fund (EDIF)], listed as Item B.1.viii on the Committee of the Whole agenda, to the September 15, 2014 Council meeting to allow time for staff to provide additional information regarding the scope of the work that is proposed to be undertaken. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. Vrbanovic "That consideration of the following recommendation as outlined in Finance and Corporate Services Department report FCS -14 -156, be deferred to the September 15, 2014 Council meeting, to allow time for staff to provide additional information regarding the scope of the work that is proposed to be undertaken: "That Expression of Interest E14 -064 — Consultant Services — Impact Analysis of the Economic Development Investment Fund (EDIF), be awarded to HDR Decision Economics, Toronto, Ontario at their estimated fee of $71,000., plus H.S.T. of $9,230., for a total of $80,230., based on a satisfactory contract being negotiated and an upset fee being established." In Favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn- Graham, B. loannidis, K. Gal loway - Sealock, B. Vrbanovic and P. Singh. COUNCIL MINUTES AUGUST 25, 2014 -178- CITY OF KITCHENER Contra: Councillors Z. Janecki, Y. Fernandes, S. Davey and F. Etherington Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor D. Glenn- Graham "That Expression of Interest E14 -067 — Consultant Services — Comprehensive Review of Off - Street Parking & Loading be awarded to Paradigm Transportation Solutions Ltd., Cambridge, Ontario at their estimated fee of $69,935., including contingencies of $3,500., plus H.S.T. of $9,091.55, for a total of $79,026.55, based on a satisfactory contract being negotiated and an upset fee being established." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor D. Glenn- Graham "That Expression of Interest E14 -065 — Consultant Services — Stahl Avenue (West End to Duke Street) & Wilhelm Street (Duke Street to Weber Street) Road Reconstruction, be awarded to MTE Consultants Inc., Kitchener, Ontario at their estimated fee of $212,992.13, including contingencies of $19,362.92, plus H.S.T. of $27,688.98, for a total of $240,681.11, based on a satisfactory contract being negotiated and an upset fee being established." 951ii eE "That Tender T14 -077- Three (3) Sand /Salt Spreader Bodies with Prewetting and Anti - Icing, be awarded to Joe Johnson Equipment Inc., Innisfil, Ontario, at their tendered price of $329,088., plus H.S.T. of $42,781.44, for a total of $371,869.44." -and - "That Proposal P14 -039 — Roland Street Bridge Replacement — Victoria Park, be awarded to Resource Industrial Group Inc., Ayr, Ontario, at their proposed price of $148,839.47 plus alternate items of $4,940.54, plus H.S.T. of $19,991.40, for a total of $173,771.41." -and — "That Proposal P14 -023 — SAP Corporate Customer Relationship & Billing Implementation, be awarded to Capgemini Canada Incorporated, Toronto, Ontario, at their estimated fee of $12,206,049., plus H.S.T. of $1,586,786.37, for a total of $13,792,835.37, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Expression of Interest E14 -071 — Consultant Services — 2014 Stormwater Management Facilities (SWMF) Sediment Testing Program, be awarded to CH2M HILL, Kitchener, Ontario at their estimated fee of $93,038., including contingencies of $8,458., plus H.S.T. of $12,094.94, for a total of $105,132.94, based on a satisfactory contract being negotiated and an upset fee being established." 951ii eE "That Tender T14 -069 Trail Construction — Walter Bean / Bingemans Trail, be awarded to I.M. Benjamins Inc. o/a Hardscape Concrete & Interlock, Paris, Ontario, at their tendered price of $177,453., plus H.S.T. of $23,068.89, for a total of $200,521.89." -and - "That Tender T14 -086 - Three (3) Units of Snow and Ice Removal Equipment, which consists of a dump box, wing and front plow, to be mounted on a 29,937 kg (66,000 lb.) G.V.W. Tandem Rear Axle Conventional Cab and Chassis, be awarded to Viking Cives Ltd., Mount COUNCIL MINUTES AUGUST 25, 2014 -179- CITY OF KITCHENER Forest, Ontario, at their tendered price of $212,460., plus H.S.T. of $27,619.80, for a total of $240,079.80." 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." Carried. M11110919 1khhh111a1:11:111111: 1:111i]: i& ISaIki Fill ki I: yz1ve1ki UX91910li7:7e'llIA&1l:11:1►U[y *1 Moved by Councillor S. Davey Seconded by Councillor K. Galloway - Sealock "That the balance of the Finance and Corporate Services Committee report be adopted." Mayor C. Zehr advised that in accordance with Councillor P. Singh's previously declared pecuniary interest, Clause 6 of the Committee report would be voted on separately. Councillor Y. Fernandes requested that Clause 4 of the Committee report be voted on separately. Voted on clause by clause. Clause 4 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, S. Davey, B. Vrbanovic, K. Galloway - Sealock, F. Etherington and P. Singh. Contra: Councillors J. Gazzola, D. Glenn - Graham, Y. Fernandes and Z. Janecki. Clause 6 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, S. Davey, B. Vrbanovic, K. Galloway - Sealock and F. Etherington. Contra: Councillors J. Gazzola, D. Glenn - Graham, Y. Fernandes and Z. Janecki. Pecuniary Interest & Abstention: Councillor P. Singh as his parents own property in the vicinity of the subject area. Balance of report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway - Sealock "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. COUNCIL MINUTES AUGUST 25, 2014 -180- CITY OF KITCHENER 8. UNFINISHED BUSINESS — Dealt with under Delegations. 9. NEW BUSINESS — A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor B. loannidis, to direct staff to report back to the November 10, 2014 Community and Infrastructure Services Committee meeting with information regarding the provision of notification to property owners in new subdivisions with respect to school boundaries. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That staff be directed to provide a report to the November 10, 2014 Community and Infrastructure Services Committee meeting regarding the possibility of having a school(s) designated prior to submitting building permits in a new subdivision; and further, That the report also include information as to the possibility of requiring developers and the school boards to work together to notify residents who have purchased homes in new subdivisions but may not live there yet, regarding any school boundary meetings affecting their area." Carried. At the request of Councillor F. Etherington, staff agreed to provide an update to Council via email regarding the installation of the community flag pole at Speaker's Corner. At the request of Councillor B. Vrbanovic, Mr. M. May agreed to provide an information report to September 8, 2014 Community and Infrastructure Services Committee meeting regarding the installation of Little Libraries in neighbourhood parks. Council further agreed that notwithstanding the guidelines set out in Municipal Code Chapter 25 (Procedure), the requested report would not need to be circulated until September 5, 2014. 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 to amend Municipal Code Chapter 103 as listed in Clause 1 of the Finance and Corporate Services Committee report as well as an Official Plan amendment and zoning by -law for 150 Amand Drive, as listed in Clause 1 of the Planning and Strategic Initiatives Committee report. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "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 amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. e. Being a by -law to close part of the public highway known as Bridgeport Road, in the City of Kitchener. COUNCIL MINUTES AUGUST 25, 2014 -181- CITY OF KITCHENER f. Being a by -law to close part of the public highway known as Riverbend Drive, in the City of Kitchener. g. Being a by -law to close a portion of the public highway known as an Unnamed Public Lane, lying between Lots 29 and 47, Registered Plan 376, being Parts 1 and 2, Plan 58R- 18288, in the City of Kitchener. h. Being a by -law to close and convey part of the public highway known as an Alley lying between Lots 15 and 16, Plan 239, more particularly described as Part 1, Reference Plan 58R- 18303, Plan 239, in the City of Kitchener. To confirm all actions and proceedings of the Council. Being a by -law to amend Chapter 103 of The City of Kitchener Municipal Code with respect to Auditor. k. Being a by -law to adopt Amendment No. 106 to the Official Plan. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener— Mattamy (Westmount) Limited and Tru -Villa Inc. —Amand Drive. 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 D. Glenn- Graham as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor D. Glenn- Graham Seconded by Councillor J. Gazzola "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 B. loannidis "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 -096) 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 -097) 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 -098) COUNCIL MINUTES AUGUST 25, 2014 -182- CITY OF KITCHENER d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2014 -099) e. Being a by -law to close part of the public highway known as Bridgeport Road, in the City of Kitchener. (By -law No. 2014 -100) f. Being a by -law to close part of the public highway known as Riverbend Drive, in the City of Kitchener. (By -law No. 2014 -101) g. Being a by -law to close a portion of the public highway known as an Unnamed Public Lane, lying between Lots 29 and 47, Registered Plan 376, being Parts 1 and 2, Plan 58R- 18288, in the City of Kitchener. (By -law No. 2014 -102) h. Being a by -law to close and convey part of the public highway known as an Alley lying between Lots 15 and 16, Plan 239, more particularly described as Part 1, Reference Plan 58R- 18303, Plan 239, in the City of Kitchener. i. To confirm all actions and proceedings of the Council. (By -law No. 2014 -103) (By -law No. 2014 -104) j. Being a by -law to amend Chapter 103 of The City of Kitchener Municipal Code with respect to Auditor. k. Being a by -law to adopt Amendment No. 106 to the Official Plan. (By -law No. 2014 -105) (By -law No. 2014 -106) I. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener— Mattamy (Westmount) Limited and Tru -Villa Inc. —Amand Drive. (By -law No. 2014 -107) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:48 p.m. MAYOR CLERK COUNCIL MINUTES AUGUST 25, 2014 -183- 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 to the Bethany Evangelical Missionary Church for its annual Block Party on September 7, 2014, between the hours of 3:00 p.m. and 7:30 p.m., as outlined in Community Services Department report CSD -14 -076. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sherry Landry for a special event to be held at 423 Lawrence Avenue on August 30, 2014, from 2:00 p.m. to 11:00 p.m., as outlined in Community Services Department report CSD -14- 077. 3. That the Huron Community Association be approved as an affiliated group, as per Council Policy 1 -324 (Affiliation - Neighbourhood Associations) and added as an insured group under the City of Kitchener's third party liability insurance program, as outlined in Community Services Department report CSD -14 -079. 4. That the Uniform Traffic By -law be amended to prohibit parking at any time along the south /east side (even numbered houses) of Westmeadow Drive between Michelle Court and the Westmeadow Park Natural Area trail entrance, as outlined in Infrastructure Services Department report INS -14 -068. 5. That the Uniform Traffic By -law be amended to prohibit stopping from Monday to Friday, 8:00 a.m. to 4:30 p.m. on the west side of Caryndale Drive from Biehn Drive to a point 136 metres south of Biehn Drive; and further, That the current "No Stopping Anytime" regulation on the west side of Caryndale Drive in front of Brigadoon Public School be extended northerly to a point 136 metres south of Biehn Drive, as outlined in Infrastructure Services Department report INS -14 -069. 6. That the Uniform Traffic By -law be amended to prohibit parking at anytime on the south /west side (odd number) of Old Zeller Drive from Valebrook Street to a point 137 metres south /east thereof, as outlined in Infrastructure Services Department report INS -14 -072. 7. That the Uniform Traffic By -law be amended for the existing 15 minute loading zone on the south side of Duke Street East from a point 20 metres east of Frederick Street to a point 12 metres east thereof be revised to the south side of Duke Street East from a point 20 metres east of Frederick Street to a point 15 metres east thereof, as outlined in Infrastructure Services Department report INS -14 -075. 8. That the Uniform Traffic By -law be amended to establish School Bus Loading Zones on Parkland Crescent, on Autumn Hill Crescent, on Morgan Avenue, on Upper Canada Drive, on Lennox Lewis Way and on Hickson Drive, as outlined in Infrastructure Services Department report INS -14 -076. 9. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the Kitchener - Waterloo and North Waterloo Humane Society, for the provision of animal control, pound, dog licensing, and animal by -law enforcement services, as well as the animal spay- neuter program; and further, That staff be authorized to provide an annual honorarium to the Human Animal Vulnerability Coalition of Waterloo Region, subject to budget availability and not to exceed $5,000 in any year, as outlined in Community Services Department report CSD -14 -040. 10. That Kitchener Growth Management Strategy - 2014 Annual Monitoring Report be received for information, as outlined in Community Services Department report CSD -14 -072; and further, That Report CSD -14 -072 be submitted to the Regional Municipality of Waterloo in fulfilment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Regional Municipality of Waterloo regarding delegated authority. COUNCIL MINUTES AUGUST 25, 2014 -184- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 11. That the Uniform Traffic Control By -Law be amended to permit a series of three (3) pedestrian refuge islands, bike lane buffers and painted bike lane conflict zones to be installed on Pioneer Drive between Homer Watson Boulevard and Doon Village Road; and further, That bike lanes be established on both sides of Pioneer Drive from Homer Watson Boulevard to Green Valley Drive, as outlined in Infrastructure Services Department report INS -14 -077. 12. That an intersection mural painting pilot project be initiated at the intersection Wilhelm and Ahrens Street subject to the conditions outlined in the Terms of Reference, attached to Infrastructure Services Department report INS -14 -078; and further, That staff report back approximately one year after the installation of the mural with recommendations and a policy, if applicable, for subsequent installations. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That Proposal P14 -042, Audit Services, be awarded to KPMG LLP, Waterloo, Ontario, at their proposed price of $733,400 plus H.S.T. of $95,342 for a total of $828,742, for a five (5) year term beginning with the fiscal year ending December 31, 2014 for the Corporation of the City of Kitchener, its boards and enterprises, Kitchener Housing Inc. and Kitchener Non - Profit Property Management Inc. and for a five (5) year term beginning with the fiscal year ending May 31, 2015 for Waterloo Region Municipalities Insurance Pool; and further, That section 1.1 of Chapter 103 (Auditor) of Kitchener's Municipal Code be amended to effect the appointment of KPMG LLP as the City's Auditor, as outlined in Finance and Corporate Services Department report FCS -14 -049. 2. That, notwithstanding Chapter 115 (Corporate Leadership Team) of Kitchener's Municipal Code, the Chief Administrative Officer shall approve any tenders which otherwise cannot be brought before Council in a timely manner between the period of September 16 through November 30, 2014, provided that the total costs are within the approved budgets contained in the relevant departmental budgets and that a report regarding these tenders is brought to Council at its next regular meeting; and further, That notwithstanding Chapter 170 (Purchasing and Materials Management) of Kitchener's Municipal Code, the Director of Supply Services be authorized to execute any agreements pertaining to tenders approved by the Chief Administrative Officer between the period of September 16 through November 30, 2014, as outlined in Finance and Corporate Services Department report FCS -14 -137. 3. That, in the event the provisions of Section 275 of the Municipal Act, as amended, come into force and effect between Nomination Day and the end of the outgoing Council's term, the Chief Administrative Officer is granted authority to approve expenditures or other liabilities which are currently unbudgeted and with a value in excess of $50,000.00; and, That the Mayor and Clerk be authorized to execute agreements that have been approved by the Chief Administrative Officer during this period, subject to the satisfaction of the City Solicitor; and further, That any approvals granted by the Chief Administrative Officer during this period be reported to Council for information at the earliest opportunity following the Inaugural Meeting of the new Council, as outlined in Finance and Corporate Services Department report FCS -14 -139. 4. That, the Chief Administrative Officer be authorized to execute encroachment agreements satisfactory to the City Solicitor to legalize any encroachments which have been reviewed and supported by the appropriate staff, provided the agreement is consistent with Council's past practice and contains a provisions which would allow the termination of the agreement; and, COUNCIL MINUTES AUGUST 25, 2014 -185- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 4. (Cont'd) That, the CAO be authorized to execute agreements with Hydro One Networks Inc., satisfactory to the City Solicitor, for the purpose of the City accessing Hydro One lands to carry out various works on Hydro One lands or on adjacent City lands and /or to encroach on Hydro One Networks Inc.'s lands as required, provided that any associated costs are within the approved budgets contained in the relevant departmental budgets; and, That, the CAO be authorized to approve the disposition and acquisition of interests in land (fee simple, easement, or right -of -way) including executing any documentation, satisfactory to the City Solicitor, to facilitate municipal requirements, needs or purposes in support of approved programs or projects on the following conditions: • the total value of the land is $125,000 or less, excluding transactional costs such as applicable taxes, due diligence costs, real estate, legal, surveying and other conveyancing costs; and, • the total costs for the acquisition of the land (value of land and transactional costs) are within the approved budgets contained in the relevant departmental budgets; and, • the land on its own is not developable (save and except this caveat does not apply should the lands be required for the Region's LRT project); and, • the CAO, a DCAO or the City Solicitor has not otherwise referred the specific acquisition or disposition to City Council for approval despite this resolution; and, • staff in the relevant division(s) has confirmed the appropriateness of acquisition or disposition of the land; and further, • in respect of the disposition of any lands, that the requirements of Chapter 177 of the City of Kitchener Municipal Code are complied with, save and except for any requirement to declare the lands surplus, which declaration shall not be required when disposing of land in accordance with the foregoing, as outlined in Finance and Corporate Services Department report FCS -14 -140. 5. That the supply component of the natural gas rates be increased to 19.0 cents per cubic meter from 16.5 cents per cubic meter for system gas customers of the City of Kitchener effective September 1, 2014; and, That the transportation component of the natural gas rate be decreased to 3.0 cents per cubic meter from 4.0 cents per cubic meter for system gas customers of the City of Kitchener effective September 1, 2014; and further, That the delivery components of the natural gas rates be changed as proposed in Infrastructure Services Department report INS -14 -015 - Appendix A for all Kitchener delivery customers effective September 1, 2014. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) That the Brownfield Remediation Program Application for 445 King Street West, received from 2335945 Ontario Inc. dated July 2, 2013, be approved; and, That in exchange for a completed and filed Record of Site Condition for the subject property, the owner will be provided a grant in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment; and, That the City Tax Increment be defined as the difference between the City portion of real property taxes for the 2013 Taxation Year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project, as compensation for the remediation of the above subject lands; and, COUNCIL MINUTES AUGUST 25, 2014 -186- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 6. (Cont'd) That the annual City property tax grant is estimated to be $245,547, payable for 4 years with $148,135, being paid on the fifth and final year following re- assessment by MPAC provided that the City's total property tax grant shall not exceed $1,130,323.00 for this project; and, That the Region of Waterloo Brownfield Coordinator be circulated a copy of any decision made by Kitchener City Council regarding this Application; and further, That the Mayor and Clerk be authorized to execute an Agreement, subject to the satisfaction of the City Solicitor, with the Region of Waterloo and 2335945 Ontario Inc., to implement the provisions of the Brownfield Remediation Program Application for 445 King Street West, as outlined in Chief Administrator's Office report CAO -14 -035. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That Official Plan Amendment Application OP14 /03 /A/KA for Mattamy (Westmount) Limited at 150 Amand Drive requesting a change to the Rosenberg Secondary Plan to reorient the school block on the parcel of land specified and illustrated as the "Area of Amendment" on Schedules A and B, be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD -14 -070 as Appendix A', and accordingly forwarded to the Region of Waterloo for approval; 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 -08202 in the City of Kitchener, for Mattamy (Westmount) Limited, subject to the conditions attached to Report CSD -14 -070 as Appendix `13% and, That Zone Change Application ZC08 /10 /A/JVW for Mattamy (Westmount) Limited for the purpose of changing the zoning from Agricultural Zone (A -1) to Residential Four Zone (R -4), Residential Six Zone (R -6), Public Park Zone (P -1), Open Space Zone (P -2), Hazard Land Zone (P -3) and Neighbourhood Institutional Zone (1 -1) with site specific special provisions be approved in the form shown in the `Proposed By -law' dated July 18, 2014 attached to Report CSD -14 -070 as Appendix `C', and further, That the closure of the redundant portion of Amand Drive be approved in principle, and that Legal Services be instructed to proceed with the preparation of a By -law and advertising in the local newspaper for the closing of the road. The road closure shall be subject to the following conditions: a. That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to close that portion of Amand Drive and convey a licence to the owners of 1905 Huron Road to cross over the lands to access the rear of their property; and, b. That the subdivider be responsible for all costs related to the road closure, including but not limited to City legal fees, registration, and advertising associated with the closure of the road, including preparation of the required reference plan; and further, c. That a road closing By -law be enacted by Council That consideration of the recommendation contained in Community Services Department report CSD -14 -075 pertaining to 100, 104, 108 Walter Street, be referred to the September 15, 2014 Council meeting, to allow time for the Owner and their Agents to consult with the Ward 9 Councillor, Planning staff, and interested residents on the development proposal with consideration to be given to residents' concerns regarding compatibility, including the height of size of the proposed building; the total number of dwelling units; the fapade and building materials, off - street parking; building stepbacks, and front yard setback from Walter street: COUNCIL MINUTES AUGUST 25, 2014 -187- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (Cont'd) "That Official Plan Amendment Application OPA14 /01 /W /GS for Vanguard Developments Corporation requesting a change in designation from Low Rise Multiple Residential with Special Policy 3 to Medium Density Multiple Residential with Special Policy 3 and Special Policy 19 to permit a multiple residential dwelling building on the parcels of land specified and illustrated as the `Area 1' and `Area 2' on Schedule A', be adopted, in the form shown in the Official Plan Amendment attached to Report CSD 14- 075 as Appendix A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC14 /03 /W /GS for Vanguard Developments Corporation requesting a change from Residential Six (R -6) to Residential Eight (R -8) with Special Regulation Provision 655R on the parcels of land specified and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown in the `Proposed By -law' dated July 8, 2014, attached to Report CSD 14 -075 as Appendix `B'." That the Waterloo Region Economic Development Strategy, as appended to Chief Administrator's Office Report CAO -14 -037, be approved in principle with a final document and detailed implementation plan to be developed for future consideration; and, That the creation of the Waterloo Region Economic Development Corporation, as described in Report CAO -14 -037, be approved in principle subject to approval of a future implementation and transition process; and further, That staff be directed to continue to work with local and regional municipal partners to develop associated implementation and transition plans with a target date of January 2016 for the Waterloo Region Economic Development Corporation to be fully operational. COUNCIL MINUTES AUGUST 25, 2014 -188- 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 -141 — Dangerous Dog Designation Appeal - Hotten Council considered Finance and Corporate Services Department report FCS -14 -141 (D. Livingstone), dated July 15, 2014. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Cheryl Hotten and Earl Benjamin, wherein the Committee substitutes the Dangerous Dog Designation applied to their dog `Kelly /Zara' 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." 3. FCS -14 -151 — Applications for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS -14 -151 (J. Evans), dated August 12, 2014. It was resolved: "That the applications for cancellation, reduction, refund of taxes totaling $569,401.60 as attached to Finance and Corporate Services Department report FCS -14 -151, be approved, pursuant to Section 357 of the Municipal Act." 4. CSD -14 -083 — Noise Exemption Request — Conestoga Students Inc. Council considered Community Services Department report CSD -14 -083 (S. Turner), dated August 19, 2014. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Conestoga Students Inc. for an outdoor event to be held at Conestoga College on September 4, 2014, between the hours of 9 AM and 1 AM." 5. CSD -14 -092 — Noise Exemption Request — Frosh Circus — Bingemans Council considered Community Services Department report CSD -14 -092 (S. Turner), dated August 19, 2014. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Frosh Circus to be held at Bingemans, 425 Bingemans Center Drive, on September 6, 2014, between the hours of 4PM and 12 midnight." COUNCIL MINUTES AUGUST 25, 2014 -189- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 6. FCS -14 -143 — CAO Approved Tenders Council was in receipt of Finance and Corporate Services Department report FCS -14- 143 (L. Gordon), dated August 6, 2014. 7. Navy League of Canada — Tag Day Request Council considered correspondence from J. Soehner, Fundraising Chair, Navy League of Canada (K -W Branch), requesting permission for the Royal Canadian Sea Cadet Corps WARSPITE to conduct Tag Days on October 18 -19, 2014. It was resolved: "That the request of the Navy League of Canada, K -W Branch on behalf of the Royal Canadian Sea Cadet Corps WARSPITE to conduct Tag Days on October 18 -19, 2014 at various malls, grocery stores and restaurant entrances, as outlined in correspondence from J. Soehner, be approved." 8. FCS -14 -157 — Encroachment Agreement — 105 King Street East Councillor D. Glenn- Graham advised that at the request of the applicant the subject encroachment agreement has been withdrawn from consideration this date. 9. CSD -14 -098 — Noise Exemption — Market Square Garage Rehabilitation Project Council considered this date Community Services Department report CSD -14 -098 (S. Turner), dated August 25, 2014. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Albatech Construction for construction work on the Market Square parking garage, on various evenings, between the hours of 7PM and 7AM, from August 25, 2014, to August 29, 2014."