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HomeMy WebLinkAboutCouncil - 2014-12-15COUNCIL MINUTES DECEMBER 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 J. Gazzola, the minutes of the regular meeting held November 17, 2014, the Inaugural Meeting of Council held December 1, 2014 and special meetings held November 12, 13 & 14 and December 3 & 8, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a. INS -14 -091 — New Dundee Road Sanitary Sewer Financial Agreement Mr. Glen Scheels, GSP Group, addressed Council in support of the New Dundee Road Sanitary Sewer Financial Agreement, listed as Item B.3 on the Committee of the Whole agenda. Moved by Councilor Z. Janecki Seconded by Councillor S. Davey "That the Mayor and Clerk be authorized to execute an agreement with Monarch Corporation in respect of Monarch Corporation's payment of the costs of the Engineering fees and the construction of the New Dundee Sanitary Sewer." Carried. Sign Variances - 1017 Victoria Street North Mr. M. Kaplani, Muslim Association of Canada, was in attendance in support of the applications for variance to the Sign By -law for 1017 Victoria Street North, listed as Item B.5 (iii) on the Committee of the Whole agenda. Moved by Councilor S. Davey Seconded by Councillor Y. Fernandes "That the application of the Muslim Association of Canada (SG 2014 -011 - 1017 Victoria Street North) requesting permission to legalize an existing ground supported sign located Om from the front lot line rather than the required 0.4m (1.31'), on Lot 7 and Part Lots 4 and 5, Plan 971, 1017 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City's Planning Division by February 28, 2015 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. 3. That the owner shall ensure that an encroachment agreement is registered with the Region of Waterloo. 4. That the owner shall ensure that 4.57m (14.993') driveway visibility triangle is maintained." Carried. COUNCIL MINUTES DECEMBER 15, 2014 -250- CITY OF KITCHENER 6.b. Boulevard Parking Program Mr. Kurt Frey circulated copies of his speaking notes, which outlined his objections to the proposed Boulevard Parking Program listed as Clause 8 on the Community and Infrastructure Services Committee report. He suggested the Program encourages a vehicle - friendly environment and asked Council to reject the proposed exemption to the enforcement of the City's boulevard parking prohibition, save and except for Ward 5. In addition, he requested the City reinstate an active enforcement mechanism with respect to boulevard parking. Several members spoke in support of the continuation of the Boulevard Parking Program in Ward 5, noting the unique situation faced in that area with respect to lot sizes. However, questions were raised as to the applicability of the program across the rest of the City. At the request of Councillor Davey, Mr. M. May, Deputy CAO — Community Services, agreed to include boulevard parking as part of the report that staff anticipates bringing forward prior to next winter on the feasibility of a formalized parking exemption process. Moved by Councillor B. loannidis Seconded by Councillor F. Etherington "That Clause 8 on the Community and Infrastructure Services Committee report be approved." Voted on clause by clause Clause 8, Paragraph 1 — Carried Unanimously on a recorded vote. Clause 8, Paragraph 2 — LOST on a recorded vote. In Favour: Councillors B. loannidis, S. Davey, D. Schnider, K. Galloway - Sealock and Z. Janecki. Contra: Mayor B. Vrbanovic and Councillors J. Gazzola, P. Singh, S. Marsh, Y. Fernandes and F. Etherington. 6.c. Waterloo Regional Labour Council Mr. Marc Xuereb, President, Waterloo Regional Labour Council introduced himself as the new Council President and provided an overview of the Labour Council's activities. 6.d. Neighbourhood Issues Mayor B. Vrbanovic called Ms. Moira Magee forward to address Council regarding ongoing neighbourhood issues, as listed as Item 6.d on the Council agenda; however, Ms. Magee was not in attendance at the meeting. Petition for Drainage Ms. Jennifer Voss, Activa Holdings Inc., was in attendance in support of the Petition for Drainage Works to secure a legal outlet for stormwater management for Activa's Gravel Ridge Trail Lands, listed as Clause 9 on the Community & Infrastructure Services Committee Report. Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That Clause 9 on the Community and Infrastructure Services Committee report be approved." Carried. COUNCIL MINUTES DECEMBER 15, 2014 -251- CITY OF KITCHENER 8. UNFINISHED BUSINESS — 8.a. Heritage Permit Applications — Doon Village Road Mr. Ed Schnarr addressed Council regarding the application of the Upper Doon Heritage Conservation District (HCD) By -law, suggesting area residents should be notified of proposed new construction in the District. Mr. Bruno Piccinin addressed Council regarding the application of the Upper Doon HCD By -law, suggesting clarification on the metrics that should be applied to new construction in the District. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor F. Etherington, to direct staff, in cooperation with Heritage Kitchener, to review a variety of options to strengthen the City's ability to protect the Upper Doon Heritage Conservation District and to review the notification process for Heritage Permit Applications. Moved by Councillor S. Davey Seconded by Councillor K. Galloway - Sealock "That consideration of the following be deferred to the January 19, 2015 Planning and Strategic Initiatives Committee meeting to allow additional time for review: `That Heritage Planning staff, in cooperation with Heritage Kitchener, be directed to review a variety of options to strengthen the City's ability to protect the Upper Doon Heritage Conservation District (HCD), with the intent to ensure there are clear and understandable procedures for any future purchaser of property within the District; and, That consideration be given to policies that consider height, size, massing and design as well as all other heritage features that presently exist in the Upper Doon HCD; and, That staff be directed to review the notification process for Heritage Permit Applications to ensure that residents are made aware of possible demolitions and /or significant alterations proposed to be undertaken within a District; and further, That the review of the Upper Doon HCD policies and guidelines as well as the notification process be referred for inclusion as part of the Corporate Business Planning process. "' Carried. 6.e. Tenders Mr. Larry Gordon, Director of Supply Service, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor P. Singh, to defer consideration of Tender T14 -114 (Removal of Excess Granular Materials), listed as Item B.1 (i) on the Committee of the Whole agenda, to the January 19, 2015 special Council meeting to allow time for additional information to be provided as to whether it would be less expensive to have this work done by City staff. In response to questions, Mr. D. Tyagi, Deputy CAO — Infrastructure Services, advised that given the value of the tender, the cost per truckload is estimated at $140. Mr. L. Gordon, Director of Supply Service, added the City has only two to three tri -axle trucks and, therefore, it would take a considerable amount of time to move the proposed 1000 truckloads of material in- house. He indicated the City has no use for the excess granular materials, noting the onus would be on the contractor to identify the various re -use sites. COUNCIL MINUTES DECEMBER 15, 2014 -252- CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor P. Singh "That consideration of the recommendation contained in Finance and Corporate Services Department report FCS -14 -200, be deferred to the January 19, 2015 special Council meeting to allow time for additional information as to the potential to have this work undertaken by City staff: `That Tender T14 -114 — Removal of Excess Granular Materials, be awarded to Network Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $139,760., plus H.S.T. of $18,168.80, for a total of $157,928.80." Carried. Moved by Councillor J. Gazzola Seconded by Councillor S. Davey "That Expression of Interest E14 -094, Consultant Services — Detailed Design and Construction for Rothsay Avenue Overflow Sewer and Forfar Park Wetland Retrofit (Pond 6) be awarded to AECOM Canada Ltd. of Kitchener, Ontario, at their estimated fee of $387,540., plus contingencies of $38,754. and H.S.T. of $55,418.22 for a total of $481,712.22, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Proposal P14 -040 Emergency Service Providers, be awarded to Paul Davis Systems of Kitchener — Waterloo Inc., Kitchener, Ontario, at their proposed unit prices, for three(3) years, with an option to renew for two (2) additional one -year terms, subject to mutual agreement." -and - "That Expression of Interest E14 -095 — Consultant Services — Dane Street (King St. E. to Borden Ave.) and Crescent Street (Dane St. to Onward Ave.) Reconstruction, be awarded to AECOM Canada Ltd., Kitchener, Ontario at their estimated fee of $168,836., including contingencies of $15,349., plus H.S.T. of $21,948.68, for a total of $190,784.68, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T14 -093 New Dundee Road (Dodge Drive to Robert Ferrie Drive) Sanitary System, Sanitary Forcemain and Watermain Installation be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario at their tendered price of $4,166,626.90, including provisional items and contingencies of $126,200., plus H.S.T. of $541,661.50, for a total of $4,708,288.40." 951ii eE "That Tender T14 -113 — Filsinger Park Reach 1 Stream Naturalization Project — Henry Sturm Greenway (From Monarch Woods to Victoria Street) be awarded to Cambridge Landscaping Inc., Cambridge, Ontario at their corrected tendered price of $1,224,580.20, including provisional items and contingencies of $265,965., plus H.S.T. of $159,195.43, for a total of $1,383,775.63." -and - "That Tender T14 -092 — Doon South Sewage Pumping Station be awarded to Stone Town Construction Limited, St. Mary's, Ontario at their tendered price of $5,707,964.60, including provisional items and contingencies of $657,002., plus H.S.T. of $742,035.40, for a total of $6,450,000." Carried. COUNCIL MINUTES DECEMBER 15, 2014 -253- CITY OF KITCHENER 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor J. Gazzola "That the report of the Finance and Corporate Services Committee be adopted." Councillor S. Davey noted that Clause 1 of the Committee report has been revised to include an additional paragraph concerning an adjustment to the Grand River Recreation Centre (GRRC) Meeting Room Rental Fee, which was incorrectly categorized. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor S. Marsh, to apply only a 2% rate increase for all of the 2015 User Fees. Councillor P. Singh brought forward an amendment to Councillor Gazzola's motion to change the rate increase to 2.3 %; however, it failed to receive a seconder and was not considered. Councillor Gazzola's amendment was then voted on and was LOST on a recorded vote, with Councillors J. Gazzola, S. Marsh, Y. Fernandes and Z. Janecki voting in favour; and Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway - Sealock, B. loannidis, P. Singh and F. Etherington voting in opposition. The Committee report was then voted on clause by clause Clause 1 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors B. loannidis, S. Davey, D. Schnider, P. Singh, K. Galloway - Sealock Y. Fernandes and F. Etherington. Contra: Councillors J. Gazzola, S. Marsh and Z. Janecki. Balance of report — 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." With regard to Clause 4, Councillor K. Galloway - Sealock requested staff endeavour to expedite the installation of the all -way stop at the intersection of Bridlewreath Street and Mount Laurel Crescent/Donnenwerth Drive. Councillor P. Singh requested staff also endeavour to expedite the installation of the all -way stop at the intersection of Country Hill Drive and Century Hill Drive, as outlined in Clause 5 of the Committee re po rt. The Committee report was then voted on and was Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor K. Galloway - Sealock "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. COUNCIL MINUTES DECEMBER 15, 2014 -254- CITY OF KITCHENER 9. NEW BUSINESS — 9.a. Improvements to Election Process Councillor Y. Fernandes gave notice that she would introduce a motion for consideration this date to request the Ontario Legislature to investigate possible alternatives to Municipal Property Assessment Corporation (MPAC) being solely responsible for the compilation of the Voters' List for Municipal Elections and to establish a province -wide Professional Development (PD) Day or, a Professional Activity (PA) Day on October 29, 2018; being the date of the next Municipal Election. Several members expressed a desire to have this matter considered in conjunction with the report on the 2014 Municipal Election, which is anticipated to come forward during the first quarter of 2015. Moved by Councillor F. Etherington Seconded by Councillor B. loannidis "That consideration of the following motion, be referred to the review of the 2014 Election process, a report on which is anticipated to come forward during the first quarter of 2015: `WHEREAS, in the spirt of continuous improvement, a review is currently being undertaken by Legislated Services staff focusing on areas within the City's purview related to the Municipal Election, which is anticipated to be finalized in the first quarter of 2015; and, WHEREAS, it has already been identified that certain improvement opportunities are within the purview of the Province of Ontario; namely the production of the Voters' List and direction to Ontario schools with respect to the scheduling of school holidays; and, WHEREAS the Municipal Elections Act invests the Municipal Property Assessment Corporation (MPAC) with the responsibility of preparing the Voters' List for Municipal Elections; and, WHEREAS there is an identified systemic issue experienced by Ontario municipalities every election with regards to the quality and accuracy of the Voters' List compiled by MPAC; and, WHEREAS there are other provincial organizations, such as Elections Ontario, who may be able to assist in the creation of the Voters' List for Municipal Elections; and, WHEREAS the use of schools as voting places is necessary to ensure an adequate number of accessible polling locations, which are centrally located within neighbourhoods; and, WHEREAS issues continue to arise every Election Day concerning available parking and access into schools pursuant to the provisions of the Safe Schools Act; and, WHEREAS scheduling a Professional Development (PD) Day or, a Professional Activity (PA) Day to correspond with Election Day would serve to mitigate those issues by having both the students as well as school staff off site; THEREFORE BE IT RESOLVED that the Ontario Legislature be requested to investigate and identify possible alternatives to MPAC being solely responsible for the compilation of the Voters' List for Municipal Elections; BE IT FURTHER RESOLVED that Hon. Kathleen Wynne, Premier of Ontario, and Hon. Liz Sandals, Minister of Education, be requested to establish October 29, 2018, being the date of the next Municipal Election, as a province -wide PD Day or PA Day; BE IT FURTHER RESOLVED that the Association of Municipalities of Ontario (AMO) and the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) be encouraged to lobby the Provincial Government on behalf of municipalities to address these election related matters; and, COUNCIL MINUTES DECEMBER 15, 2014 -255- CITY OF KITCHENER BE IT FINALLY RESOLVED that copies of this motion be circulated to the Waterloo Region District School Board (WRDSB), the Waterloo Catholic District School Board (WCDSB), the Conseil scolaire Viamonde, the Conseil scolaire de district catholique Centre -Sud, local Members of Provincial Parliament (MPPs) and local area municipalities. "' Carried. 10. QUESTIONS AND ANSWERS — At the request of Councillor J. Gazzola, Mr. J. Willmer, Chief Administrative Officer, advised that staff intend to bring forward a report at a future meeting regarding the issue of garbage containers along King Street. At the request of Councillor P. Singh, Mr. D. Tyagi, Deputy CAO — Infrastructure Services, agreed to examine the issue of no winter maintenance on trails leading to schools, including the possibility of providing maintenance for the remainder of this school year. A motion was brought forward by Councillor K. Gal loway- Sealock, seconded by Councillor B. loannidis, regarding the potential for a crossing guard to be provided at the intersection of Featherstone Street and Huron Road during Spring and Fall months. In response to questions, Mr. Willmer agreed that staff would provide background information as to the process that is currently utilized to allocate crossing guards. Councillor J. Gazzola requested that information also come forward regarding any previous commitment to have a crossing guard at the intersection of Featherstone Street and Huron Road. Moved by Councillor F. Etherington Seconded by Councillor B. loannidis "That staff be directed to provide a report examining the possibility of locating a crossing guard during Spring and Fall months at the intersection of Featherstone Street and Huron Road." Carried. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add seven additional by -laws for three readings this date to amend various chapters of the City of Kitchener Municipal Code with respect to fees listed as Clause 1 of the Finance and Corporate Services Committee report, to amend Chapter 101 of the City of Kitchener Municipal Code with respect to appointment of staff and to establish and lay out certain streets. Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. Being a by -law with respect to prevention and control of termites. b. Being a by -law with respect to designation of potentially dangerous, dangerous, prohibited or restricted dogs. C. To confirm all actions and proceedings of the Council. d. Being a by -law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees — Committee of Adjustment. e. Being a by -law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees — Planning Matters. COUNCIL MINUTES DECEMBER 15, 2014 -256- CITY OF KITCHENER f. Being a by -law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. g. Being a by -law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. h. Being a by -law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. Being a by -law to provide for the establishment and laying out of part of Blair Creek Drive, Wetland Way, Robert Ferrie Drive and Pieter Vos Drive as public highways in the City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor S. Marsh "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." 14. BY -LAWS (THIRD READING) - Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey "That the by -laws be given third reading, namely: a. Being a by -law with respect to prevention and control of termites. Carried. (By -law No. 2014 -141) b. Being a by -law with respect to designation of potentially dangerous, dangerous, prohibited or restricted dogs. C. To confirm all actions and proceedings of the Council. (By -law No. 2014 -142) (By -law No. 2014 -143) d. Being a by -law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees — Committee of Adjustment. (By -law No. 2014 -144) COUNCIL MINUTES DECEMBER 15, 2014 -257- CITY OF KITCHENER e. Being a by -law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees — Planning Matters. (By -law No. 2014 -145) f. Being a by -law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (By -law No. 2014 -146) g. Being a by -law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By -law No. 2014 -147) h. Being a by -law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (By -law No. 2014 -148) i. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By -law No. 2014 -149) j. Being a by -law to provide for the establishment and laying out of part of Blair Creek Drive, Wetland Way, Robert Ferrie Drive and Pieter Vos Drive as public highways in the City of Kitchener. (By -law No. 2014 -150) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:30 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 15, 2014 -258- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That consideration of the following recommendation be deferred to the February 2, 2015 Community and Infrastructure Services Committee meeting, to allow time for additional public consultation, which should include an option to adjust the parking in the area to improve sightlines leading to the intersection: "That the Uniform Traffic By -law be amended to prohibit parking at anytime on the south side of Waterloo Street from Shanley Street to a point 65 metres west thereof, as outlined in Infrastructure Services Department report INS -14- 090." 2. That the Uniform Traffic By -law be amended permit parking for a maximum of 15 consecutive minutes on the south side of Ahrens Street East from a point 13 metres east of Queen Street North to a point 31 metres east thereof, as outlined in Infrastructure Services Department report INS -14 -087. 3. That the Uniform Traffic By -law be amended to prohibit parking at anytime on the south /west side of Newbury Drive from a point 65 metres east of Burnaby Crescent to a point 25 metres east thereof, as outlined in Infrastructure Services Department report INS -14 -089. 4. That the Uniform Traffic By -law be amended to permit an all -way stop to be installed at the intersection of Bridlewreath Street and Mount Laurel Crescent/Donnenwerth Drive, as outlined in Infrastructure Services Department report INS -14 -093. 5. That the Uniform Traffic By -law be amended to permit an all -way stop to be installed at the intersection of Country Hill Drive and Century Hill Drive, as outlined in Infrastructure Services Department report INS -14 -094. 6. That the Uniform Traffic By -law be amended to prohibit parking from Monday to Friday, 8:00 a.m. to 4:00 p.m., on both sides of Amherst Drive between Pinnacle Drive and Durham Street, as outlined in Infrastructure Services Department report INS -14 -095. 7. That the Ministry of Transportation, Ontario (MTO) and its contractor(s) be exempt from the provisions of Article 6 (Construction Work) of the City of Kitchener Municipal Code Chapter 450 (Noise) for the Highway 401 reconstruction and widening project, reference WP 4- 00 -00, between the hours of 7:00 p.m. and 7:00 a.m. from April 1, 2015 to April 1, 2016. 8. That parking on the boulevard (paved area of a driveway between the sidewalk and the curb /road edge), be permitted in Ward 5 from December 1st to March 31st, annually, subject to the conditions, as outlined in Community Services Department report CSD -14 -108. (Dealt with under Delegations and Carried, on a recorded vote) 9. That the Petition for Drainage to secure a legal outlet for stormwater management for Activa's Gravel Ridge Trail Lands, Part Lot 130, Part 6 of Ref. Plan 58R -3628, German Company Tract, be approved to proceed and be processed, as outlined in Infrastructure Services Department report INS -14 -086; and, That a copy of the subject Petition for Drainage as well as the City's decision regarding this matter, be circulated to the Grand River Conservation Authority (GRCA); and further, That an Engineering Consultant be retained to complete the third party engineer's report for a legal outlet for stormwater per the requirements of the Ontario Drainage Act." (Dealt with under Delegations) COUNCIL MINUTES DECEMBER 15, 2014 -259- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That the 3% increase proposed in the 2015 User Fee Schedule attached to Financial Services Department Report FCS -14 -133 for fees and charges related to recreational programs shall be decreased to 2.3 %; and, That the Grand River Recreation Centre (GRRC) Meeting Room Rental Fee, as outlined in Line 225 of the 2015 User Fee Schedule attached to Report FCS -14 -133, be decreased from the proposed $41.85 to $17.65, as it was incorrectly categorized; and, That the remaining proposed fees and charges contained in the 2015 User Fee Schedule, attached to Report FCS -14 -144, be approved; and, That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and Charges to the Ministry of Government Services - Cemeteries Regulation Unit for filing; and further, That Legal Services staff be directed to prepare the necessary by -laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications. (Carried, as amended, on a recorded vote) That the ideas listed in Part A of Appendix A, as attached to Chief Administrator's Office report CAO -14 -046, be confirmed and included as `in progress' projects in the 2015 business plan, with the appropriate adjustments in scope; and, That that ideas listed in Part B of Appendix A, as attached to Report CAO -14 -046, be endorsed and managed as core services; and, That staff be directed to include projects in the 2015 business plan that address Council ideas listed in Part C of Appendix A, as attached to Report CAO -14 -046; and, That ideas listed in Part D of Appendix A, as attached to Report CAO -14 -046, be referred to the Strategy Session on April 27, 2014 as part of the Strategic Planning process for 2015- 2018; and further, That if it is deemed that #8 (traffic calming design features in the development of new neighbourhoods) should be removed from the list of Top 12 Priorities, then staff be directed to report back to the December 15, 2014 Council meeting on the feasibility of a proposed alternative action item in 2015. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That in lieu of updating the Air Quality in Kitchener report and selecting Best Bets in 2015 the following actions be taken: • the remaining Recommended Actions as outlined in Table 2 of Community Services Department Report CSD -14 -114, be referred to Environmental Committee sub- committees and staff for investigation into their feasibility and usefulness in promoting air quality improvements with a status report to be provided at the May 2015 Environmental Committee meeting; • future progress on the theme of Air Quality be referred to the annual report card for the Strategic Plan for the Environment as the appropriate mechanism to monitor, celebrate and communicate Kitchener's progress in air quality improvement; and, • this modified approach be reflected in the Work Plan to be prepared for the new 2015- 16 term of the Environmental Committee. COUNCIL MINUTES DECEMBER 15, 2014 -260- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) That pursuant to Section 51(31) of the Planning Act R.S.O. 1990 c.P.13, as amended, and By- law 2002 -64 as amended, draft approval be granted for Common Elements Condominium Application 30CDM -14203 for 1 Adam Street (Victoria Common) Block 2 in the City of Kitchener, subject to the conditions as outlined in Appendix `A' of Community Services Department Report CSD -14 -115. That the oral and written submissions received before and at the Statutory Public Meeting regarding the proposed Zone Change ZC14 /04 /L /AP and related Grand River South Community Plan Amendment, for lands at the northeast corner of Fairway Road North at Lackner Boulevard, be considered in the preparation of the final report and recommendation on the applications; and further, That following the December 8, 2014 Statutory Public Meeting on the proposed Zone Change ZC14 /04 /L /AP and related Community Plan Amendment, and following the review of final technical and supporting information, staff bring forward a final report and recommendation for consideration by Committee and Council. COUNCIL MINUTES DECEMBER 15, 2014 -261- 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 -198 — Prohibited Dog Designation Appeal - Esbaugh Council considered Finance and Corporate Services Department report FCS -14 -198 (D. Livingstone), dated November 18, 2014. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Carrie Esbaugh, wherein the Committee substitutes the Prohibited Dog Designation applied to her dog `Jackson' by the Kitchener - Waterloo and North Waterloo Humane Society and assigns the designation of Dangerous Dog along with conditions for keeping of said dog, be ratified and confirmed." 3. INS -14 -091 — New Dundee Road Sanitary Sewer Financial Agreement Dealt with under Delegations. 4. Right of First Refusal — 8 Queen Street North Council considered the following recommendation arising from in- camera discussion on December 8, 2014. It was resolved: "That the Corporation of the City of Kitchener elects not to exercise its Right of First Refusal as set out in the Right of First Refusal Agreement, registered on title as Instrument No. 1452021, to acquire the Property owned by Matcorp Inc., (formerly 1373515 Ontario Inc.) known municipally as 8 Queen Street North and consents to the removal of said instrument from title at such time as the transaction which triggered this request (Agreement of Purchase and Sale accepted December 1, 2014 subject to City's Right of First Refusal) is completed provided that: the new Purchaser and the City of Kitchener enter into a new reciprocal First Right of Refusal Agreement at the time the transaction is completed, to be registered on title; and, the new Purchaser executing an Acknowledgement pertaining to the responsibility for maintaining the property as documented through the registered easement provisions and acknowledging that the registered easements will remain intact; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to release the First Right of Refusal Agreement registered as Instrument No. 1452021 and execute a new reciprocal First Right of Refusal Agreement with respect to 8 Queen Street North and 10 -22 King Street West, said documentation to be satisfactory to the City Solicitor." COUNCIL MINUTES DECEMBER 15, 2014 -262- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 5. FCS -14 -208 — Sian Variances — 150 Pioneer. 248 Westmount E & 1017 Victoria N Council considered Finance and Corporate Services Department report FCS -14 -208 (D. Saunderson), dated December 9, 2014. It is noted that Submission No. SG 201 -011 (1017 Victoria Street North) was dealt with under Delegations. It was resolved: "That the application of the City of Kitchener (SG 2014 -009 - 150 Pioneer Drive) requesting permission to install a ground supported changing copy sign located 58m (190.29') from a residential zone rather than the required 100m (328.08'), on Part Block L, Plan 1318, 150 Pioneer Drive, 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. That the owner shall ensure that the sign complies with all other regulations of the Sign By -law." - and - "That the application of the Calvin Presbyterian Church (SG 2014 -010 - 248 Westmount Road East) requesting permission to install a ground supported sign having automatic changing copy located 61.8m (202.76') from a residential rather than the required 100m (328.08'), on Lot 195 to 199, 201 to 204 and Part Lot 200, Plan 883, 248 Westmount Road East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City's Planning Division by February 28, 2015 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. 3. That the owner shall ensure that 4.57m (14.993') driveway visibility triangle is maintained." 6. FCS -14 -201 — CAO Approved Tenders — Election Recess Council received Finance and Corporate Services Department report FCS -14 -201 (L. Gordon), dated November 25, 2014 as information. 7. FCS -14 -209 — Mortgage Renewal —102 -104 King St W — KW Multicultural Centre Council considered Finance and Corporate Services Department report FCS -14 -209 (L MacDonald), dated December 10, 2014. It was resolved: "That the City renew the mortgage it holds for the property at 102 -104 King Street West owned by the Kitchener - Waterloo Multicultural Centre Inc., in an amount not to exceed $120,000, on the terms and conditions set out in FSC Report 14 -209; and further, That the Mayor and Clerk be directed to execute the necessary documentation pertaining to the City's renewal of the mortgage it holds for the property at 102 -104 King Street West; said documentation to be to the satisfaction of the City Solicitor." COUNCIL MINUTES DECEMBER 15, 2014 -263- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 8. FCS -14 -199 — Applications for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS -14 -199 (J. Evans), dated December 3, 2014. It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totaling $368,342.88 as attached to Finance and Corporate Services Department report FCS - 14 -199, be approved, pursuant to Section 357 of the Municipal Act." 9. FCS -14 -210 — Memorandum of Settlement — IBEW 636 Council considered Finance and Corporate Services Department report FCS -14 -210 (B Soye), dated December 10, 2014. It was resolved: "That the terms and conditions contained in the Memorandum of Settlement dated November 18, 2014 to establish the 2014 -2017 Collective Agreement with IBEW Local 636 be approved; and further, That the Mayor and the Clerk be authorized to execute documentation arising therefrom." 10. INS -14 -099 - Delegated Authority — Metrolinx Documents re Railway Corridor Council considered Infrastructure Services Department report INS -14 -099 (H. Gross), dated December 11, 2014. It was resolved: "That Council delegate signing authority to the Deputy Chief Administrative Officer, Infrastructure Services, to sign any documentation required to secure permission to undertake work within the rail corridor, including Grade Separation Agreements, Release of Liability documents, and /or Work Permit Agreements between the City of Kitchener and Metrolinx, on behalf of the City; said documentation to be to the satisfaction of the City Solicitor."