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HomeMy WebLinkAboutCouncil - 2014-09-15COUNCIL MINUTES SEPTEMBER 15, 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 ". 2. MINUTES — On motion by Councillor B. loannidis, the minutes of the regular meeting held August 25, 2014 and special meetings held August 25 & September 8, 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 2 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 — 5.a. Innovation in GIS Gold Medal Presentation Ms. D. Adams along with Messrs. D. Murray and D. van Riel were in attendance to accept the gold award for Innovation in GIS, which was presented to the City by the URISA- Ontario Chapter. Ms. Adams noted the award was won for staffs' work in fully automating the digital submission of engineering as -built drawing from consultants. She commented this new process saves approximately a days' worth of work and has improved the accuracy of the data. On behalf of Council, Mayor C. Zehr extended his congratulations to the City's GIS staff. 5.b. 2015 -2018 Strategic Plan — Community Priorities and Strategic Directions Council considered Chief Administrator's Office report CAO -14 -014, dated September 9, 2014, regarding the establishment of community priorities and strategic directions which facilitate the development of the City of Kitchener Strategic Plan for 2015 -2018. Ms. L. Majcher, Manager, Strategy & Business Planning, presented the report, advising that staff anticipate bringing forward the final version of the 2015 -2018 Strategic Plan by June of 2015. Mr. Theron Kramer, Compass Kitchener, gave a presentation on the consultation process undertaken as part of Phases 1 and 2 of the strategic planning process. He then reviewed the proposed community priorities for the next four years, which were summarized into the following six strategic directions: Government; Economy; Environment; Transportation; Development; and, Neighbourhoods. Moved by Councillor B. Vrbanovic Seconded by Councillor B. loannidis "That staff be authorized to proceed with Phase 3 (Strategic Options) and Phase 4 (Confirmation of Direction) of the strategic planning process, as outlined in Chief Administrator's Office report CAO -14 -014 (L. Majcher)." Carried. 5.c. Kitchener - Waterloo Art Gallery Update Ms. Shirley Madill, Executive Director, Kitchener - Waterloo Art Gallery gave a presentation updating Council on the activities of the Art Gallery. COUNCIL MINUTES SEPTEMBER 15, 2014 -198- CITY OF KITCHENER 6. DELEGATIONS — 6.a. Retaining Wall — 74 Boehmer Street Mr. Dave Lewis addressed Council regarding concerns over the condition of the retaining wall at 74 Boehmer Street. He stated the retaining wall, which is located on City property, is currently in a state of disrepair. He added that upon contacting the City, he was informed that since he is solely benefiting from the retaining wall, he is responsible for maintaining it. Mr. J. Willmer, Chief Administrative Officer, suggested this matter be referred to staff, who could report back at a later date with potential options for moving forward. Moved by Councillor D. Glenn- Graham Seconded by Councillor Y. Fernandes "That consideration of the requested repairs to the retaining wall at 74 Boehmer Street, be referred to the November 17, 2014 Council meeting to allow time for staff to meet with the proponent and investigate possible options for moving forward." Carried. 6.b. / 8.b. 100, 104 & 108 Walter Street — Vanguard Developments Council considered Community Services Department report CSD -14 -103, dated September 10, 2014 containing a revised recommendation regarding Official Plan Amendment OPA 14 /01/W /GS (Vanguard Developments Corporation) for 100, 104 and 108 Walter Street, which was deferred from the August 25, 2014 Council meeting; and, listed as Item 8.b. under Unfinished Business. Mr. G. Stevenson reviewed the report, advising that as a result of discussions held since August 25, 2014, the Applicant has requested the zone change application be amended to exclude any relief from the minimum off - street visitor parking rate. He stated the draft by -law attached to Report CSD - 14 -103 reflects the proposed revisions. Messrs. Greg Romanick, Stantec Consulting; Tom Rakic, Vanguard Developments; and, Matt Bolen, ABA Architects, addressed Council regarding the proposed development at 100, 104 and 108 Walter Street. Mr. Romanick indicated the subject application has been revised to include additional visitor parking in response to concerns raised by area residents. He stated the surrounding lands to the north along King Street are zoned High Intensity Mixed Use (MU -3), which permits much higher height and densities of potential future buildings than the subject proposal. Mr. Bolen added the massing of the proposed six storey building would provide for a transition between any future high density development and the existing residential neighbourhood. Messrs. Allan Kocher and David Harmes, area residents, appeared in opposition to the subject applications, expressing concerns regarding the building height, specifically that the proposed six - storey building would not be compatible with the existing community. On motion by Councillor B. Vrbanovic, seconded by Councillor K. Galloway - Sealock, the recommendation contained in Report CSD -14 -103 was brought forward for consideration. A motion was brought forward by Councillor Z. Janecki, seconded by Councillor B. Vrbanovic, to defer consideration of the subject Official Plan Amendment to the November 17, 2014 Council meeting to allow time for further dialogue on this matter. Moved by Councillor Z. Janecki Seconded by Councillor B. Vrbanovic "That consideration of the following recommendation contained in Community Services Department report CSD -14 -103 pertaining to an Official Plan Amendment and Zone Change applications for 100, 104 & 108 Walter Street (Vanguard Developments), be deferred to the November 17, 2014 Council meeting to allow time for additional dialogue on this matter: `That Official Plan Amendment Application OPA14 /01/W /GS for Vanguard Developments Corporation requesting a change in designation from Low Rise Multiple COUNCIL MINUTES SEPTEMBER 15, 2014 _199- CITY OF KITCHENER 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 Community Services Department report CSD -14 -103 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 September 15, 2014, attached to Report CSD -14 -103 as Appendix "B ". "' A recorded vote was requested. In Favour: Councillors B. loannidis, S. Davey, B. Vrbanovic, K. Gal loway - Sealock, F. Etherington, P. Singh, J. Gazzola, D. Glenn - Graham, Y. Fernandes and Z. Janecki. Contra: Mayor C. Zehr. Carried. Momentum Developments — 98, 100, 100 %, 110 Victoria Street South & 55 Bramm Street Council considered Community Services Department report CSD -14 -102, dated September 11, 2014, containing a revised recommendation for Official Plan Amendment Application OP14 /06 /V /JVW (Momentum Developments) for 98, 100, 100'/2, 110 Victoria Street South and 55 Bramm Street; listed as Clause 2 on the Planning & Strategic Initiatives Committee report. Mr. A. Pinard, Director of Planning, advised that since the September 8, 2014 Committee meeting, the Applicant has redesigned their development proposal to increase the distance between the adjacent Arthur Street properties and the closest tower from 3 meters to 6 meters; thereby providing a total distance separation of 12 to 15.2 metres from a potential future tower on Arthur Street. He added that if a greater separation distance is required it may preclude the possibility of a tower being developed on the Arthur Street properties. He noted staff is recommending approval of the revised application. Mr. Chris Pidgeon, GSP Group, addressed Council indicating the change to the tower separation distance required the Applicant to completely re- design the project. Subsequently, the amount of commercial floor space has been reduced and the number of residential units has increased from 276 to 306 units. Messrs. Rick Pennycook, Lakeshore Group, and Owen Allerton addressed Council in opposition to the proposed revised tower separation distance. Mr. Pennycook stated the revised setback is insufficient and maintained that the separation distances should be 25 to 30 metres as in the best practices of other municipalities. Mr. Allerton requested this matter be deferred to allow additional time to see if a compromise could be reached to further increase the tower separation distance. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor K. Galloway - Sealock, to defer consideration of this matter to the November 17, 2014 Council meeting to allow an opportunity for further dialogue. At the request of Councillor Gal loway - Sealock, Council agreed to amend Councillor Vrbanovic's motion to include a clause directing staff to endeavour to report back by November 10, 2014 with preliminary tower separation guidelines. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway - Sealock "That Clause 2 of the Planning and Strategic Initiatives Committee report, as amended, be adopted." COUNCIL MINUTES SEPTEMBER 15, 2014 -200- CITY OF KITCHENER Carried Unanimously, as Amended, on a recorded vote. Pecuniary Interest & Abstention: Councillor P. Singh as his parents own property in the vicinity of the subject area. Region of Waterloo Draft Decision — New Official Plan Council considered Community Services Department report CSD -14 -096 (A. Pinard), dated August 29, 2014 regarding modifications to the new Official Plan to facilitate its approval by the Region of Waterloo; listed as Item 4 on the Committee of the Whole agenda. Mayor C. Zehr advised that in the Region's draft decision on the new Official Plan there is an error on Maps 3, 6 and 8 regarding the extent of Deferral #9. He indicated City staff has identified this to the Region and provided updated maps. He noted the Region would make the necessary corrections when rendering its final decision. Moved by Councillor B. Vrbanovic Seconded by Councillor B. loannidis "That Council endorse the modifications and deferrals to the new Official Plan (Adopted June 2014) contained in the Region of Waterloo's Draft Decision, dated August 22, 2014, attached as Appendix `A' to Report CSD -14 -096; and, That the Region of Waterloo be requested to provide approval of all portions of the new Official Plan (Adopted June 2014), including policies, figures, schedules, and maps, which are not subject to deferral; and further, That the City Clerk provide the Region of Waterloo with City of Kitchener Council's resolution on the draft decision of the new Official Plan (Adopted June 2014)." Carried. Region of Waterloo Stakeholder Engagement — Out of the Cold Program. Mayor Zehr advised there were people in attendance with respect to the Region of Waterloo's stakeholder engagement process regarding the needs of `Out of the Cold' guests; listed as Clause 1 of the Planning & Strategic Initiatives Committee report. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway - Sealock "That Clause 1 of the Planning & Strategic Initiatives Committee report, be adopted." Carried. Expression of Interest — Reconstruction of Vista Crescent Council considered Finance and Corporate Services Department report FCS -14 -161, dated September 2, 2014, regarding Expression of Interest E14 -078 to engage a consultant to begin the process of investigating the replacement of infrastructure on Vista Crescent; listed as Item B.1.ii on the Committee of the Whole agenda. Ms. Loree Zimmermann addressed Council in opposition to the installation of a sidewalk as part of the proposed Vista Crescent Road Reconstruction project. She commented she was disappointed to learn about the road reconstruction project as it was not mentioned when she contacted the City in 2013 regarding her driveway widening. She expressed concern the proposed sidewalk would result in the loss of the additional parking spaces she recently had installed. On motion by Councillor K. Galloway - Sealock, seconded by Councillor B. loannidis, the recommendation contained in Report FCS -14 -161 was brought forward for consideration. COUNCIL MINUTES SEPTEMBER 15, 2014 -201- CITY OF KITCHENER A motion was brought forward by Councillor Z. Janecki, seconded by Councillor D. Glenn- Graham, to defer consideration of this matter until the November 17, 2014 Council meeting. Mayor C. Zehr clarified the intent of the subject Expression of Interest was to begin the process of examining the infrastructure needs on Vista Crescent; adding no decisions are being made this date as to whether or not a sidewalk should be installed as part of the reconstruction project. Councillor Janecki's deferral motion was then voted on and was LOST on a recorded vote with Councillors B. Vrbanovic, Y. Fernandes, D. Glenn- Graham, Z. Janecki, and J. Gazzola voting in favour; and, Mayor C. Zehr and Councillors K. Galloway - Sealock, P. Singh, B. loannidis, F. Etherington and S. Davey voting in opposition. Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That Expression of Interest E14 -078 — Consultant Services - Vista Crescent (Lakeside Drive to Lakeside Drive) & Lakeside Drive (Vista Crescent to Blueridge Drive) Road Reconstruction, be awarded to IBI Group, Toronto, Ontario at their estimated fee of $234,003.00, including contingencies of $21,273.00 plus H.S.T. of $30,420.39, for a total of $264,423.39, based on a satisfactory contract being negotiated and an upset fee being established." Carried. Moved by Councillor P. Singh Seconded by Councillor K. Galloway - Sealock "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. Termites Council considered Community Services Department report CSD -14 -104, dated September 10, 2014 containing a revised recommendation regarding the termite control and enforcement plan, listed as Clause 1 on the Community and Infrastructure Services Committee report. Mr. T. Benedict, Manager of Building, advised that an amended version of Paragraph 1 of Clause 1 is being put forward, which proposes the provision of in -kind services to the area bounded by Briargate Drive and Greenock Drive. He acknowledged the revised recommendation was based on the advice provided by Dr. Tim Myles at the September 8, 2014 Committee meeting. Mr. Stephen Dewar addressed Council to request the City provide financial assistance to residents affected by termites. On motion by Councillor P. Singh, seconded by Councillor Y. Fernandes, the recommendation contained in Report CSD -14 -104 was brought forward for consideration with additional clauses directing staff to develop guidelines for a grant program as well as investigate a process by which a loan could be provided for residents required to apply chemical treatment for termites. Several members spoke in opposition to the provision of a grant and requested those clauses be voted on separately. Clauses 4, 5 and 6 of Councillor Singh's motion relating to the development of guidelines for a grant program were then voted on and LOST on a recorded vote, with Councillors P. Singh and Y. Fernandes voting in favour; and, Mayor C. Zehr and Councillors B. Vrbanovic, D. Glenn- Graham, Z. Janecki, J. Gazzola, K. Galloway - Sealock, B. loannidis, F. Etherington and S. Davey voting in opposition. COUNCIL MINUTES SEPTEMBER 15, 2014 -202- CITY OF KITCHENER Moved by Councillor P. Singh Seconded by Councillor Y. Fernandes "That in -kind funding be provided to the area bound by Briargate Drive and Greenock Drive (23 properties) for the following; a. Application of Borate wood preservative treatments of existing sheds; b. Borate rod treatment of existing wooden posts; c. Application of Entomopathogenic Nematodes in Spring and Fall starting 2015; d. Annual Spring and Fall yard clean -up weekends; e. Monitoring of termite activity by installing in ground traps including staff to monitor traps; and, That staff be directed to undertake a review of the existing by -law Chapter 689 of the City of Kitchener Municipal Code; and, That staff be directed to implement a Public Education Program about termites for the entire `red' and `blue' zones as identified by the Chief Building Official in the map attached to Community Services Department report CSD -14 -104; and further, That for residents required to apply chemical treatment for termites, staff be directed to investigate a process for a loan application / agreement and for an ability to charge back to taxes in the event of a default loan payment." Voted on clause by clause. Clause 1 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. loannidis, S. Davey, B. Vrbanovic, K. Galloway - Sealock, F. Etherington, D. Glenn - Graham, P. Singh and Y. Fernandes. Contra: Councillors J. Gazzola and Z. Janecki. Clauses 2 & 3 — Carried Unanimously on a recorded vote. Balance of Motion — Carried on a recorded vote. In Favour: Councillors B. loannidis, S. Davey, B. Vrbanovic, F. Etherington, D. Glenn - Graham, P. Singh and Y. Fernandes. Contra: Mayor C. Zehr Councillors K. Galloway - Sealock, Z. Janecki and J. Gazzola. 6.c - Tenders Mr. Larry Gordon, Director of Supply Service, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Moved by Councillor B. loannidis Seconded by Councillor K. Galloway- Sealock "That Tender T14 -076 Gymnasium Partition Replacement - Stanley Park Community Centre be awarded to Solness Inc., Mississauga, Ontario, at their tendered price of $208,000., plus H.S.T. of $27,040., for a total of $235,040." fir! COUNCIL MINUTES SEPTEMBER 15, 2014 -203- CITY OF KITCHENER "That Expression of Interest E14 -073 — Consultant Services — Fischer Park Skatepark, be awarded to van der Zalm + associates inc., Langley, British Columbia at their estimated fee of $48,480., plus H.S.T. of $6,302.40, for a total of $54,782.40, based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Expression of Interest E14 -072 - Consultant Services — Balzer Creek Class Environmental Assessment and Preliminary Design be awarded to Ecosystem Recovery Inc., Cambridge, Ontario, at their estimated fee of $153,560., including contingencies of $13,960., plus H.S.T. of $19,962.80, for a total of $173,522.80, based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Tender T14 -062 Bridge Rehabilitation — Shirk Place Bridge (West of Lancaster Street over Laurel Creek) be awarded to Clearwater Structures Inc., Ajax, Ontario at their corrected tendered price of $557,863.25, including provisional items and contingencies of $35,000., plus H.S.T. of $72,522.22, for a total of $630,385.47." WTr! "That the Demolition of 123 Duke Street East, be awarded to Kieswetter Demolition Inc., Waterloo, Ontario, at their quoted price of $24,356.75, plus H.S.T. of $3,166.38, for a total of $27,523.13." - and - "That Expression of Interest E14 -085 — Consultant Services — Project Management Services, be awarded to SJH Consulting Inc., Oshawa, Ontario at their estimated fee of $584,510.08, plus H.S.T. of $75,986.31, for a total of $660,496.39, 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 balance of the Community and Infrastructure Services Committee report be adopted." Mayor Zehr referred to correspondence from Ms. P. Houston, Deputy CAO — Infrastructure Services, requesting that consideration of Clause 10 of the Committee report be deferred until after the October 14, 2014 Cycling Advisory Committee meeting. Council agreed to amend Clause 10 accordingly. Councillor Z. Janecki requested that Clause 3 be voted on separately. Councillor J. Gazzola requested that Clause 7 be voted on separately. Voted on clause by clause. Clause 3 — Carried. Clause 7 — Carried. Clause 10 — Carried, as amended. Balance of report — Carried. COUNCIL MINUTES SEPTEMBER 15, 2014 -204- CITY OF KITCHENER 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the balance 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. Galloway- Sealock "That the balance of the Planning & Strategic Initiatives Committee report be adopted." Carried. 8. UNFINISHED BUSINESS — 8.a. Expression of Interest E14 -064 — Consultant Services — Impact Analysis of the Economic Development Investment Fund (EDIF) Council considered Finance and Corporate Services Department report FCS -14 -168 (L Gordon), dated September 5, 2014 regarding Expression of Interest E14 -064 [Consultant Services — Impact Analysis of the Economic Development Investment Fund (EDIF)], which was deferred from the August 25, 2014 Council meeting; and, listed as Item 8.a. under Unfinished Business. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That no action be taken with respect to Expression of Interest E14 -064 [Consultant Services — Impact Analysis of the Economic Development Investment Fund (EDIF)], and staff be directed to report back to the November 17, 2014 Council meeting regarding the possibility of having Wilfrid Laurier University and /or the University of Waterloo assist with determining the impact of EDIF." Carried. 9. NEW BUSINESS — 9.a. Buy American Provisions Councillor B. Vrbanovic gave notice that he would introduce a motion for consideration this date to request the Federation of Canadian Municipalities (FCM) to work with the Government of Canada to oppose the use of a `Buy American' provision by the United States Congress and state governments. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh "WHEREAS cities and communities across Canada support free and fair trade between Canada and the United States; and, WHEREAS bilateral trade between Canada and the United States amounts to over $600 billion per year in economic activity, significantly contributing to Canada's long -term economic competitiveness; and, WHEREAS many of the most important supply chains and industry linkages that fuel our respective economies are inexorably linked; and, WHEREAS provisions, such as `Buy American' requirements, which serve to inhibit this important economic partnership directly effects the economic prosperity of our country, our businesses and our communities; and, SEPTEMBER 15, 2014 COUNCIL MINUTES -205- CITY OF KITCHENER WHEREAS the City of Kitchener showed leadership in 2009 by passing resolutions initiated by Halton Hills and others calling on the Federal, Provincial and Municipal Governments of Canada to push back against unfair US legislation; and, WHEREAS organizations like Canadian Manufacturers and Exporters estimate that thousands of manufacturing jobs are continuously at risk from continued Buy American provisions being proposed across the US; and, WHEREAS Kitchener and Waterloo region companies were directly impacted as jobs were lost here due to the Buy American provisions being inserted into projects receiving Federal and Municipal funding; and, WHEREAS Canadian cities and communities are committed to open and fair trade with American governments and businesses; and, WHEREAS recent agreements between Canada and the United States have recognized the critical economic linkages between our two countries, fostering secure, predictable trade and investment environments; THEREFORE BE IT RESOLVED that municipalities express support for free, fair and reciprocal trade between the United States and Canada and that any restrictive `Buy American' provisions in U.S. legislation are contrary to that spirit of free trade; BE IT FURTHER RESOLVED that the City of Kitchener calls on the Federation of Canadian Municipalities (FCM) to support and work with the Government of Canada and the Canadian Manufacturers and Exporters and other stakeholders in their efforts to urge the United States Congress and state governments to abstain from the use of `Buy American' provisions; BE IT FURTHER RESOLVED that FCM be requested to write to the US National League of Cities and the US Conference of Mayors to also support the spirit of this resolution and the spirit of free trade, so that businesses and industries on both sides of the border can compete for contracts in the fairest and most efficient manner; BE IT FURTHER RESOLVED that the Mayor be requested to write a letter and forward this resolution to the Prime Minister, the leaders of the Federal Parties, Waterloo Region area MP's and MPP's for information; BE IT FINALLY RESOLVED that this resolution be forwarded to FCM and AMO for support and the Canadian Manufacturers and Exporters for information." 10. QUESTIONS AND ANSWERS — At the request of Councillor J. Gazzola, Mr. R. agreed to investigate the Provincial reporting promoter of the 2014 Big Music Fest event. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes Carried. Regier, Executive Director — Economic Development, requirements related to the grant provided to the That staff be directed to investigate and report back to the November 17, 2014 Council meeting as to the planned maintenance and /or future clean -up of the Voisin Greenway from Greenbrook Drive to Fischer Hallman Road. Carried. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add three additional by -laws for three readings this date being a Part Lot Control by -law as well as an Official Plan amendment and a zoning amending by -law for 16 Centennial Road. COUNCIL MINUTES SEPTEMBER 15, 2014 -206- CITY OF KITCHENER Moved by Councillor Y. Fernandes Seconded by Councillor F. Etherington "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. Being a by -law to amend Chapter 170 of the City of Kitchener Municipal code which establishes purchasing and materials management policies and procedures and defines the authority and the responsibility of the Director of Supply Services. b. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 99 to 103 inclusive and 104 to 113 inclusive, Registered Plan 58M -570 — Elmbank Trail and Greenwater Place. C. Being a by -law to provide for the widening of part of Gage Avenue as a public highway in the City of Kitchener. d. Being a by -law to assume certain lands within the City of Kitchener as a public highway. e. To confirm all actions and proceedings of the Council. f. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 121 to 148 inclusive, Registered Plan 58M -575 — Rivertrail Avenue and Grand Flats Trail. g. Being a by -law to adopt Amendment No. 107 to the Official Plan. h. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener— GFL Environmental Inc. — 16 Centennial Road. 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 by Mayor C. Zehr — it was resolved: "That pursuant to Section 25.2.2 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond 12:00 a.m. to conclude matters as listed on the agenda." Carried Unanimously. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. loannidis as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. loannidis Seconded by Councillor D. Glenn- Graham "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 F. Etherington "That the by -laws be given third reading, namely: COUNCIL MINUTES SEPTEMBER 15, 2014 -207- CITY OF KITCHENER a. Being a by -law to amend Chapter 170 of the City of Kitchener Municipal code which establishes purchasing and materials management policies and procedures and defines the authority and the responsibility of the Director of Supply Services. (By -law No. 2014 -109) b. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 99 to 103 inclusive and 104 to 113 inclusive, Registered Plan 58M -570 — Elmbank Trail and Greenwater Place. (By -law No. 2014 -110) C. Being a by -law to provide for the widening of part of Gage Avenue as a public highway in the City of Kitchener. (By -law No. 2014 -111) d. Being a by -law to assume certain lands within the City of Kitchener as a public highway. e. To confirm all actions and proceedings of the Council. (By -law No. 2014 -112) (By -law No. 2014 -113) f. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 121 to 148 inclusive, Registered Plan 58M -575 — Rivertrail Avenue and Grand Flats Trail. g. Being a by -law to adopt Amendment No. 107 to the Official Plan. (By -law No. 2014 -114) (By -law No. 2014 -115) h. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener— GFL Environmental Inc. — 16 Centennial Road. (By -law No. 2014 -116) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 12:02 a.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 15, 2014 -208- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That in -kind funding be provided to the area bound by Briargate Drive and Greenock Drive (23 properties) for the following; a. Application of Borate wood preservative treatments of existing sheds; b. Borate rod treatment of existing wooden posts; c. Application of Entomopathogenic Nematodes in Spring and Fall starting 2015; d. Annual Spring and Fall yard clean -up weekends; e. Monitoring of termite activity by installing in ground traps including staff to monitor traps; and, That staff be directed to undertake a review of the existing by -law Chapter 689 of the City of Kitchener Municipal Code; and, That staff be directed to implement a Public Education Program about termites for the entire `red' and `blue' zones as identified by the Chief Building Official in the map attached to Community Services Department report CSD -14 -104; and further, That for residents required to apply chemical treatment for termites, staff be directed to investigate a process for a loan application / agreement and for an ability to charge back to taxes in the event of a default loan payment. (Dealt with under Delegations and Carried, As Amended) 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sherry Landry for a wedding celebration at 46 Gravel Ridge Trail on October 5, 2014, between the hours of 4:00 p.m. to 11:00 p.m., as outlined Community Services Department report CSD -14- 093. 3. That the Mayor and Clerk be authorized to execute a limiting distance agreement, subject to the satisfaction of the City Solicitor, with the registered owner(s) of Pt Lot 47, municipally addressed as 58 Howe Drive, pursuant to Section 9.10.14.2.(4) of the Building Code; said agreement to permit a stacked townhouse with the limiting distance for the construction of the exposing building face being measured to a point beyond the property line on the adjacent property, Block 44 Registered Plan 58M -442, known as Park ID 2305 (City of Kitchener Windale Park), as outlined in Community Services Department report CSD -14 -094. 4. That the Uniform Traffic By -law be amended so that the existing no parking 4:00 p.m. - 8:00 p.m. April 1 - July 31 parking regulation on the north /east/south side of Old Park lane between Highview Drive (north intersection) and a point 323m east thereof, be removed, and be reinstated with a three (3) hour parking time limit, as outlined in Infrastructure Services Department report INS-14-080. 5. That stopping be prohibited at any time on both sides of the traffic island on Woodhurst Court from Westforest Trail to a point 9 metres south thereof; and, That stopping be prohibited 8:00 a.m. - 4:30 p.m. Monday - Friday on both sides of the traffic island on Woodhurst Court from a point 9 metres south of Westforest Trail to a point 11 metres south thereof; and, That stopping be prohibited on the traffic island on Woodhurst Court from a point 20 metres south of Westforest Trail to a point 18 metres south thereof; and further, That the Uniform Traffic By -law be amended accordingly, as outlined in Infrastructure Services Department report INS -14 -081. 6. That parking be prohibited at anytime on the south side of Battler Road from Huron Road to Old Huron Road; and, COUNCIL MINUTES SEPTEMBER 15, 2014 -209- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT) 6. (Cont'd) That parking be prohibited at anytime on the north side of Battler Road from Huron Road to a point 50 metres east thereof; and further, That the Uniform Traffic By -law be amended accordingly, as outlined in Infrastructure Services Department report INS -14 -053. 7. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Waterloo, for the City of Kitchener to provide summer and winter maintenance services on selected Regional Roads within the City of Kitchener for the contract period of 2015 -2019, as outlined in Infrastructure Services Department report INS -14 -019. 8. That the City- initiated amendment to Part B of the Urban Design Manual for the purpose of establishing design guidelines for the Central Transit Corridor and rapid transit Station Study Areas in Kitchener, be approved, in the form shown in the attached "Planning Around Rapid Transit Stations (PARTS) Design Brief' attached as Appendix A to Community Services Department report CSD -14 -088. 9. That the "Planning Around Rapid Transit Stations (PARTS) Phase 2 Transportation Demand Management (TDM) Strategy ", attached as Appendix A to Community Services Department report CSD -14 -089, be approved to establish TDM strategies for the Central Transit Corridor and rapid transit Station Study Areas in Kitchener. 10. That consideration of the following motion contained in Community Services Department report CSD -14 -095, be deferred until after the October 14, 2014 Kitchener Cycling Advisory Committee meeting to allow time for the Committee to provide feedback on the recommendation to review the report and provide feedback on the recommendation: "That the Primary Trail entrances and road crossings be referred to the 2015 - 2024 capital budget process; and further, That the Cycling and Trails Advisory Committee be consulted to develop a hierarchy of trail entrances and crossings within the Priority `A' - Primary Trail Networks, and be consulted in the implementation of all Primary Trail entrances and road crossings, as outlined in Infrastructure Services Department report INS -14- 022." (Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That uncollectable Utility Accounts amounting to $59,520. be written off against the Allowance for Doubtful Utility Receivables, as outlined in Finance and Corporate Services Department report FCS -14 -145. 2. That uncollectable Miscellaneous Receivable Accounts amounting to $20,066. be written off against the Allowance for Doubtful Receivables, as outlined in Finance and Corporate Services Department report FCS -14 -146. 3. That the Mayor and Clerk be authorized to execute a three year funding agreement, subject to the satisfaction of the City Solicitor, with the Province of Ontario to deliver Small Business Enterprise Centre services through the City of Kitchener Waterloo Region Small Business Centre, as outlined in Chief Administrator's Office report CAO -14 -038. COUNCIL MINUTES SEPTEMBER 15, 2014 -210- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 4. That the request of Rumen Yankov to operate a refreshment vehicle at 1080 Victoria Street North be approved, as outlined in Finance and Corporate Services Department report FCS -14- 159. 5. That the recommendations of the Kitchener e- Participation Executive Summary Report, as outlined in Appendix `A' of Finance and Corporate Services Department report FCS -14 -122, be approved in principle and staff be directed to bring forward the associated funding recommendations through the 2015 budget process as potential strategic additions. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That City of Kitchener staff actively support, and participate in, the stakeholder engagement process being undertaken by the Region of Waterloo regarding the needs of `Out of the Cold' guests, which is to work towards outcomes and actions, as outlined in Community Services Department report CSD -14 -099; and further, That the Region be requested to incorporate the following measures as part of their Stakeholder Consultations as outlined in Report CSD -14 -099: • Self -Help Alliance and Poverty Free K -W; • To set up a program for community stakeholders to fully understand the required government steps to implement both short -term and long -term solutions and to participate more effectively; and, • Ensure there are at least two points in the consultation process that bring all stakeholder groups together. (Dealt with under Delegations) 2. That consideration of the following recommendation contained in Community Services Department report CSD -14 -102 pertaining to an Official Plan Amendment and Zone Change applications for 98, 100, 100 '/2, 110 Victoria Street South and 55 Bramm Street (Momentum Developments), be deferred to the November 17, 2014 Council meeting to allow time for additional dialogue on this matter: `That Official Plan Amendment Application OP14 /06 /V /JVW for 98, 100, 100 '/2 , 110 Victoria Street South and 55 Bramm Street requesting to add Special Policy 55 to permit a high rise residential development with ground floor commercial uses that is subject to the site - specific provisions on the subject lands illustrated as the `Subject Area' on Schedule A be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD -14 -102 as Appendix "A ", and accordingly forwarded to the Region of Waterloo for approval; and That the Regional Municipality of Waterloo be requested to amend Section 15.D.2 of the New Official Plan (adopted June 2014) to add a new Site Specific Policy 15.D.2.68 as shown on Appendix "B "; for the parcel of land specified and illustrated as the "Area of Amendment" on Schedule "I" and to amend Map 4 to add a new Site Specific Special Policy to the lands to permit a mixed use development on the parcel of land specified and illustrated as the "Area of Amendment" on Schedule "I" , as attached to Report CSD 14 -102 as Appendix `B'; and, That Zone Change Application ZC14 /06 /V /JVW for 98, 100, 100 '/2 , 110 Victoria Street South and 55 Bramm Street for the purpose of changing the zoning from Warehouse District Zone (D -6) to Warehouse District Zone (D -6) with Special Use Provision 439U, Special Regulations 656R,657R,658R,659R,660R and Holding Provision 72H and 73H be approved in the form shown in the "Proposed By -law" dated September 15, 2014 attached to Report CSD -14 -102 as Appendix "C "; and, COUNCIL MINUTES SEPTEMBER 15, 2014 -211- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) 2. (Cont'd) That the Urban Design Brief for 98, 100, 100 '/2 , 110 Victoria Street South and 65 Bramm Street, dated September 2014 and attached to Report CSD -14 -102 as Appendix "D ", be adopted; and further, That staff endeavour to have a report come forward to the November 10, 2014 Planning and Strategic Initiatives Committee meeting with preliminary tower separation guidelines.' (Dealt with under Delegations and Carried, as Amended) 3. That Official Plan Amendment Application OP14 /07 /C /MV (GFL Environmental Inc.) requesting to add Special Policy 56 to permit an 'Outdoor Recycling Facility' use on the lands municipally known as 16 Centennial Road, shown as the 'Subject Area' on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department Report CSD -14 -081 as Appendix 'A' and accordingly forwarded to the Region of Waterloo for approval; and, That the Regional Municipality of Waterloo be requested to modify Map 5 and Section 15.D.12 of the New Official Plan (adopted June 2014) to add a new Site Specific Policy (to be numbered accordingly), to permit an 'Outdoor Recycling Facility' use on the lands municipally known as 16 Centennial Road, as shown as the "Area of Modification" on Schedule `I' in the form shown in the 'Modification to the New Official Plan (adopted June 2014)', all as attached to Report CSD -14 -081 as Appendix 'B'; and further, That Zone Change Application ZC14 /07 /C /MV (GFL Environmental Inc.) at 16 Centennial Road, be approved for the purpose of changing the zoning from M -2, with site specific provisions to M -2 with Special Use Provisions 41 U and 441 U and Special Regulation Provision 31R in the form shown in the "Proposed By -law" dated August 6, 2014 attached to Report CSD -14 -081 as Appendix 'C'. COUNCIL MINUTES SEPTEMBER 15, 2014 -212- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by -laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. FCS -14 -136 — Sign Variances — Various Council considered Finance and Corporate Services Department report FCS -14 -136 (D. Saunderson), dated August 22, 2014. It was resolved: "That the application of JDJ Management Inc. (SG 2014 -004 — 4391 King Street East) requesting permission to legalize an existing sign painted on the fagade of a building whereas the By -law does not permit signs to be painted on a building, on Lots 17 to 19, Plan 850, 4391 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a sign permit from the City's Planning Division for the proposed ground supported sign." WITI R! "That the application of Perimeter Development Corp. (SG 2014 -005 - 305 King Street West) requesting permission to install a ground supported sign on a property Zoned D1, whereas the By -law does not permit ground supported signs in a D1 Zone; permission for a sign to be located Om from the lot line rather than the required 0.4m (612'); and, for a sign to be located within the 7.5m (24.606') Corner Visibility Triangle (CVT) with a Om clearance, whereas the By -law does not permit signs within the CVT unless they have a 2.44m (8') clearance from grade, on Part Lots 8 and 9, Plan 375, 305 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a sign permit from the City's Planning Division for the proposed ground supported sign." - and - "That the application of FC Domaine Holdings (Ontario) Corporation (SG 2014 -006 — 569 & 589 Fairway Road South) requesting permission to install a new ground supported sign with a separation distance of 32.965m (108.15') to another ground supported sign on the same property rather than the required 50m (164.04'), on Part Lots 4 and 6, Plan 1525, being Part 2 on Reference Plan 58R -1384, 569 and 589 Fairway Road South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the City's Planning Division for the proposed ground supported sign. 2. That the owner shall ensure that the sign complies with all other regulations of the Sign By -law." COUNCIL MINUTES SEPTEMBER 15, 2014 -213- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 3. INS -14 -085 — Intersection Pedestrian Signal (IPS) — Huron Road /Templewood Drive Council considered Infrastructure Services Department report INS -14 -085 (J. Readman), dated August 14, 2014. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the Regional Municipality of Waterloo for the installation and operation of intersection pedestrian signals at the intersection of Huron Road and Templewood Drive; and further, That the agreement be satisfactory to the City Solicitor." 4. CSD -14 -096 — Region of Waterloo Draft Decision — New Official Plan Dealt with under Delegations. 5. FCS -14 -171 — Encroachment Agreement — 105 -131 King Street East Council considered Finance and Corporate Services Department report FCS -14 -171 (E. Mogck), dated September 15, 2014. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 105 -131 King Street East (PIN 22501 -0081) to legalize existing awnings, two stucco canopies, signage and facade lighting, and in addition to authorize a new projecting light fixture which will encroach approximately 1.52m, more or less, on the City's King St. E. road allowance; and further, That upon execution of the Encroachment Agreement referenced above, the agreement dated July 10, 1972 between The Corporation of the City of Kitchener and Edmund Peachey Limited legalizing the encroachment of a canopy over King Street East is no longer in force and effect and will be removed from title." 6. FCS -14 -170 — 2015 Council and Standing Committee Schedule Council considered Finance and Corporate Services Department report FCS -14 -170 (C. Tarling), dated September 2, 2014. It was resolved: "That the 2015 Meeting Schedule attached to report FCS -14 -170, be approved as the 2015 schedule of Council and Standing Committee meetings." 7. CAO -14 -040 — Small / Medium Sized Events / Festival Agreements Council considered Chief Administrator's Office report CAO -14 -040 (R. Regier), dated September 15, 2014. It was resolved: "That the Executive Director, Economic Development, be authorized to execute agreements for one -time events /festivals or annual events /festivals with a cost to the City of $20,000 or less on terms agreeable to the CAO and to the satisfaction of the City Solicitor." COUNCIL MINUTES SEPTEMBER 15, 2014 -214- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 8. CAO -14 -041 — 2015 Pam Am Games Torch Relay and Celebration Council considered Chief Administrator's Office report CAO -14 -041 (R. Regier), dated September 9, 2014. It was resolved: "That the City of Kitchener be endorsed as a host community for the 2015 Pan Am Games Torch Relay & End of Day Celebration; and further, That the Mayor and Clerk be authorized to execute on behalf of the City an agreement with Toronto Organizing Committee for the 2015 Pan American and Parapan American Games confirming the City of Kitchener as a host for the 2015 Pan Am Games Torch Relay & Celebration, said agreement to be satisfactory to the City Solicitor." 9. FCS -14 -169 — Liquor Licence Review Application — Gilt Restaurant, Bar & Lounge — 305 King Street West Council considered Finance and Corporate Services Department report FCS -14 -169 (C. Tarling), dated September 8, 2014. It was resolved: "That subject to the AGCO deciding not to hold a hearing with respect to this application for a liquor licence and subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action at this time to oppose the application for a liquor license for Gilt Restaurant, Bar and Lounge at 305 King Street West, Unit 102 applied for by Gilt Taps and Wine Bar Inc. (herein referred to as the "Applicant ") ;and, That should the AGCO decide to hold a hearing with respect to the application for liquor licence for Gilt Restaurant, Bar and Lounge, located at 305 King Street West, Unit 102 and applied for by the Applicant, the City request party status at the hearing and notwithstanding any agreement entered into with the Applicant may change its position stated in this recommendation in response to evidence presented or heard at that hearing; and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: to participate as an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee if such a committee is established; 2. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 3. to stop serving alcohol by 2:00 a.m. daily; 4. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 5. to comply with the Noise By -law and the Region of Waterloo Smoking By -law; and, COUNCIL MINUTES SEPTEMBER 15, 2014 -215- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 9. FCS -14 -169 — Liquor Licence Review Application — Gilt Restaurant, Bar & Lounge — 305 King Street West (Cont'd) 6. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 10. FCS -14 -158 — Appointment to Joint Municipal Election Compliance Audit Committee Council received Finance and Corporate Services Department report FCS -14 -158 (C. Tarling) dated August 21, 2014. 11. CAO -14 -039 — Declaration of Surplus Lands — 40 Ontario Street South Council considered Chief Administrator's Office report CAO -14 -039 (B. Bennett), dated September 3, 2014. It was resolved: "That the lands located at 40 Ontario Street South, in the City of Kitchener, owned by the Corporation of the City of Kitchener, as shown on the attached map, be declared surplus to the City's needs for the purposes of the sale of the land." 12. FCS -14 -172 — Memorandum of Settlement — CUPE 791 Council considered Finance and Corporate Services Department report FCS -14 -172 (B. Soye), dated September 10, 2014. It was Unanimously resolved: "That Council approve the terms and conditions contained in the Memorandum of Settlement dated September 5, 2014 to establish the 2014 -2017 Collective Agreement with CUPE Local 791; and, That the wage and fringe benefit adjustments negotiated with CUPE 791 be applied to non - union /management positions consistent with the City's approach to joint job evaluation; and, That the wage settlements for 2015 and 2016 be applied to 9000 series positions; and further, That the Mayor and the Clerk be authorized to execute documentation arising there from." 13. Execution of Documents — Damage to City Property Council considered a matter arising from the in- camera meeting held earlier this date. It was resolved: "That the Mayor and Clerk execute the necessary documents relating to property damage on Courtland Avenue East, Kitchener, in accordance with the direction received in- camera on September 15, 2014."