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HomeMy WebLinkAbout2015-04-20 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE APRIL 20. 2015 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 3:01 p.m. Present: Councillor K. Galloway-Sealock-Acting Chair Councillors F. Etherington,Y. Fernandes, J. Gazzola, Z. Janecki, S. Marsh, D. Schnider and P. Singh. Staff: D. Chapman, Deputy CAO, Finance and Corporate Services D. Tyagi, Deputy CAO, Infrastructure Services S. Turner,Acting Deputy CAO, Community Services H. Gross, Director, Engineering Services G. Hummel,Acting Director, Operations L. Cooper, Manager, Development Engineering J.Young, Manager, Special Events J. Oosterveld, Manager, Site Development&Customer Service P. Harris, Manager, Licensing E. Riek, Project Manager, Development Engineering G. Stevenson, Senior Planner L. Paroski, Inclusion Coordinator D. Saunderson, Committee Administrator 1. INS-15-010 - REGION OF WATERLOO DRINKING WATER AND CITY OF WATERLOO DRINKING WATER—2014 SUMMARY REPORT The Committee considered Infrastructure Services Department report INS-15-010, dated March 12, 2015 regarding the receipt of the 2014 City of Waterloo Drinking Water Summary Report and the 2014 Region of Waterloo Annual Water Quality Reports, as required by the Safe Drinking Water Act. Mr. D. Tyagi was in attendance and responded to questions from the Committee. Questions were raised regarding receiving the report via hard copy and whether it could be circulated electronically in the future. Mr. Tyagi advised that the Safe Drinking Water Act places a personal liability on members of Council for the safety of the municipality's drinking water. As outlined in Schedule 22 of the Act, a summary of the report is required to be prepared and circulated to all members of Council. He noted if it is the will of Council to receive a condensed or electronic version of the report,direction to staff would be required. On motion by Councillor Y. Fernandes- it was resolved: "That the 2014 City of Waterloo Drinking Water Summary Report be received for information as required by O.Reg170/03 Schedule 22 of the Safe Drinking Water Act, as outlined in Infrastructure Services Department report INS-15-010, and further, That the six 2014 Region of Waterloo Annual Water Quality Reports, as attached to Report INS-15-010 (Strange St. Well Supply System, Well K34, Mannheim Water Treatment Plant and Pumping Station, Greenbrook Well Supply System, Woolners Well Supply-K80s and the Parkway Well Supply System) be received for information as required by O.Reg170/03 Schedule 22 of the Safe Drinking Water Act." 2. INS-15-033 - STRASBURG CREEK FLOOD CONTROL ENVIRONMENTAL ASSESSMENT (EA) ADDENDUM PEDESTRIAN CROSSING OF FISCHER HALLMAN ROAD The Committee considered Infrastructure Services Department report INS-15-033, dated April 1, 2015 recommending approval of the Strasburg Creek Flood Control Environmental Assessment (EA) Pedestrian Crossing Addendum, and for the EA to be filed with the Ministry of Environment for the mandatory 30-day review period. Ms. L. Cooper and Mr. Steve Brown, Stantec Consulting,were in attendance and responded to questions from the Committee. Councillor K. Galloway-Sealock questioned whether there would additional overhead signage installed alerting vehicles of the pedestrian crossing and whether it was included as part of the recommendation. Ms. Cooper advised that any additional features, including additional COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE APRIL 20. 2015 -20 - CITY OF KITCHENER 2. INS-15-033 - STRASBURG CREEK FLOOD CONTROL ENVIRONMENTAL ASSESSMENT (EA) ADDENDUM PEDESTRIAN CROSSING OF FISCHER HALLMAN ROAD (CONT'D) signage, would be reviewed through the Region of Waterloo's Environmental Assessment (EA). She stated that staff have noted the comment and will convey the request to the Region when they undertake their EA Study. On motion by Councillor Y. Fernandes- it was resolved: "That the Strasburg Creek Flood Control Environmental Assessment (EA) Pedestrian Crossing Addendum dated April 2015, as outlined in Infrastructure Services Department report INS-15-033, be received and approved; and further, That the Strasburg Creek Flood Control EA Pedestrian Crossing Addendum, dated April 2015, be filed with the Ministry of the Environment for the mandatory thirty (30) day review period." 3. FCS-15-053 - LIQUOR LICENCE REVIEW APPLICATION - THE BERLIN—41 KING STREET WEST The Committee considered Finance and Corporate Services Department report FCS-15-053, dated March 30, 2015 concerning a liquor licence application for`The Berlin' located at 41 King Street West. Ms. P. Harris was in attendance and responded to questions from the Committee. In response to questions, Ms. Harris advised that the Conditions being proposed for the licence are standard conditions. She referenced Condition 2 regarding alcohol and food sale ratios, advising that the City does not enforce the alcohol and food sale ratios. She indicated that if there was a concern with the establishment's sales / operations it would be up to the Alcohol and Gaming Commission of Ontario (AGCO) to investigate. Mr. Chapman further advised that staff are currently undertaking a review of the City's liquor licensing process and will be reporting back at a future committee meeting with the results of that review. On motion by Councillor Y. Fernandes- it was resolved: "That subject to the Alcohol and Gaming Commission of Ontario (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 The Berlin at 41 King Street West, applied for by Gushue Inc. (herein referred to as the "Applicant") as outlined in Finance and Corporate Services Department report FCS-15-053; and, That should the AGCO decide to hold a hearing with respect to the application for liquor licence for The Berlin, located at 41 King Street West, 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 AGCO chooses to issue the licence: a) to participate as an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee if such a committee is established; b) to abide by a set 35% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 35%of gross refreshment sales; COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE APRIL 20. 2015 -21 - CITY OF KITCHENER 3. FCS-15-053 - LIQUOR LICENCE REVIEW APPLICATION - THE BERLIN—41 KING STREET WEST(CONT'D) c) to stop serving alcohol by 2:00 a.m. daily; d) 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; e) to comply with the Noise By-law and the Region of Waterloo Smoking By- law; and, f) these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 4. FCS-15-054 - REQUEST FOR MIDWAY—EVER AFTER MUSIC FESTIVAL - 425 BINGEMANS CENTRE DRIVE—MAY 30 AND MAY 31, 2015 The Committee considered Finance and Corporate Services Department report FCS-15-054, dated April 2, 2015 recommending approval for the Ever After Music Festival to operate a Midway at 425 Bingemans Centre Drive, on May 30 and May 31, 2015. On motion by Councillor Y. Fernandes- it was resolved: "That Ever After Music Festival be granted permission to operate a midway at 425 Bingemans Centre Drive during the Ever After Music Festival for May 30 and 31, 2015 subject to the following: Date of Operation Hours of Operation Saturday, May 30 11:00 a.m. to 11:00 p.m. Sunday, May 31 11:00 a.m. to 11:00 p.m. That the music at the Midway be turned down at 10:00 p.m.; and further, That the required licence be obtained prior to operating the Midway, as outlined in Finance and Corporate Services Department report FCS-15-054." 5. CSD-15-032 - TERMS OF REFERENCE UPDATES - GRAND RIVER ACCESSIBILITY ADVISORY COMMITTEE (GRAAC) The Committee considered Community Services Department report CSD-15-032, dated March 27, 2015 recommending revisions to the Terms of Reference and two appointments to the Grand River Accessibility Advisory Committee (GRAAC). Ms. L. Paroski was in attendance and responded to questions from the Committee. On motion by Councillor Y. Fernandes- it was resolved: "That the revised Grand River Accessibility Advisory Committee (GRAAC) Terms of Reference, as outlined in Appendix `A' of Community Services Department report CSD- 15-032, be approved; and further, That the appointment of Donna Hartzler and Rob Bender, to GRAAC, for a 4 year term ending December 31, 2018, be approved pending ratification by the partnering municipalities of the Region of Waterloo, City of Waterloo, Township of North Dumfries, Township of Wellesley and Township of Woolwich." 6. CSD-15-029 - DOWNTOWN SPECIAL EVENTS — NOISE EXEMPTION REQUEST The Committee considered Community Services Department report CSD-15-029, dated March 31, 2015 recommending approval of a noise exemption for several Downtown Special Events COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE APRIL 20. 2015 -22 - CITY OF KITCHENER 6. CSD-15-029 - DOWNTOWN SPECIAL EVENTS — NOISE EXEMPTION REQUEST (CONT'D) taking place from May to December 2015. In addition, the Committee was in receipt of a revised Appendix A', dated April 20, 2015 outlining the 2015 Special Events requiring noise exemptions. Mr. S. Turner presented the report, noting that a revised Appendix was circulated with two changes from what was initially included within the agenda. He stated that those changes included a revision to the KOI Music Festival which is now scheduled for September 25-27, 2015 and the Halls Lane Alley Party which is now scheduled for July 17, 2015. Mr. J. Young was also in attendance and responded to questions from the Committee. Councillor F. Etherington noted concerns with two events hosted in Victoria Park, specifically Link Picnic and K-W Humanist Peace Sign and questioned whether By-law Enforcement has ever monitored the noise levels at any of the events. Mr. Turner advised that Enforcement staff do not have equipment to monitor decibel levels. He indicated that when special events are taking place there are trail bike enforcement officers on duty that would respond if noise complaints were received. He stated that he could provide Council with a direct contact number for Enforcement staff so they could be reached, and respond if necessary if complaints were being received. He further advised that the two events of concern were noted and he would follow up with Special Events planning staff prior to them taking place. Questions were raised regarding the use of the calendar on the City's website and whether the events as outlined in Appendix `A' could be included on the calendar to help promote activities within the City. Mr. J. Young advised that this comment was initially raised at a previous Community and Infrastructure Services Committee meeting when considering a report on Tier 2 Community Grants. He noted that staff have followed up with those grant recipients inviting them to post their events on the City's website event calendar. He indicated that staff will also follow up with the Event Planners for the events requesting noise exemptions, offering them the opportunity to post their events on the calendar as well. On motion by Councillor S. Marsh - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Downtown Special Events, as outlined in the revised Schedule A', dated April 20, 2015, outlined in Community Services Department report CSD-15-023." 7. CSD-15-033 - BINGEMANS—EVER AFTER MUSIC FEST - NOISE EXEMPTION REQUEST The Committee considered Community Services Department report CSD-15-033, dated April 8, 2015 recommending approval of a noise exemption for the Ever After Music Fest being held on May 30 and May 31, 2015 at 425 Bingemans Centre Drive. Mr. S. Turner presented the report and responded to questions from the Committee. Mr. Tony Hyland, Ever After Music Fest,was also in attendance and responded to questions from the Committee. On motion by Councillor Y. Fernandes- it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Ever After Music Fest, to be held at Bingemans Center, between the hours of 12:00 p.m. and 11:00 p.m., for the period of May 30 and May 31, 2015, as outlined in Community Services Department report CSD-15-033, subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from this music festival, audible in any adjacent residential neighbourhood; and, b) The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event; and further, COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE APRIL 20. 2015 -23 - CITY OF KITCHENER 7. CSD-15-033 - BINGEMANS—EVER AFTER MUSIC FEST - NOISE EXEMPTION REQUEST(CONT'D) c) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas." 8. CSD-15-039 - URBAN DESIGN BRIEF AND SITE MASTER PLAN - 1415 HURON ROAD, BROMBERG PROPERTY The Committee considered Community Services Department report CSD-15-039, dated March 31, 2015 recommending adoption of the Urban Design Brief and Master Plan for the Bromberg Property located at 1415 Huron Road. Mr. G. Stevenson and Ms. J. Oosterveld presented the report and responded to questions from the Committee. Ms. Chris Pidgeon, GSP Group Inc., and Mr. Vaughan Bender, RBJ Schlegel Holdings Inc., circulated a presentation and were in attendance to respond to questions from the Committee. Mr. Pidgeon advised that they are in attendance in support of the staff recommendation as outlined within the Report. He stated that they have been working with staff on a proposed development which will be located at the southeast portion of the property for the future tenant Tupperman's Furniture. On motion by Councillor Z. Janecki - it was resolved: "That the Urban Design Brief, dated June 2013, prepared by GSP Group for the Bromberg Property, be adopted, as outlined in Appendix `A' of Community Services Department report CSD-15-039." 9. INS-15-032 - PROPOSED TRAIL/RAIL CROSSING - VICTORIA PARK NEAR VICTORIA STREET SOUTH AND WEST AVENUE Pursuant to Chapter 25.10.9(J) (Procedure) of the Municipal Code, a motion was brought forward by Councillor Y. Fernandes to discuss the two items listed as Information Items on the Agenda. Councillor Fernandes's motion was then voted on and was Carried. The Committee considered Infrastructure Services Department report INS-15-032, dated April 9, 2015 regarding a written acknowledgement to Goderich Exeter Railway for the use of train whistling that may occur at the trail-railway crossing proposed from the Iron Horse Trail to the Victoria Park forebay pedestrian bridge. Mr. G. Hummel was in attendance and responded to questions from the Committee. 10. FCS-15-058 - PROPOSED CHANGES TO THE DEVELOPMENT CHARGES ACT—BILL 73 The Committee considered Finance and Corporate Services Department report FCS-15-058, dated April 8, 2015 regarding Bill 73—Smart Growth for Our Communities Act, 2015, proposed by the Minister of Municipal Affairs and Housing which proposed changes to the Development Charges Act. Mr. D. Chapman was in attendance and responded to questions from the Committee. 11. ADJOURNMENT On motion, this meeting adjourned at 4:29 p.m. D. Saunderson Committee Administrator