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HomeMy WebLinkAboutCouncil - 2015-06-29COUNCIL MINUTES JUNE 29, 2015 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors J. Gazzola and Z. Janecki. 1. COMMENCEMENT — The meeting began with the singing of "0 Canada" by Emily Hartman. 2. MINUTES — On motion by Councillor F. Etherington, the minutes of the regular meeting held June 1, 2015 and special meetings held May 25, June 1 & 15, 2015, 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 — a. Flag Request under Policy 1 -442: • Healing of the Seven Generations —June 18 -30, 2015. 5. PRESENTATIONS — 5.a. Staff Achievements Mayor B. Vrbanovic recognized Ms. D. Livingstone, Committee Administrator, for her achievement in completing the Association of Municipal Managers, Clerks and Treasurers of Ontario's (AMCTO) Diploma in Municipal Administration. Mayor Vrbanovic then recognized Mr. D. Chapman, Deputy CAO — Finance & Corporate Services, on celebrating 10 years of municipal service in a management capacity as recognized by the Canadian Association of Municipal Administrators (CAMA). 5.b. Certificates of Appreciation / Long Service Recognition Awards Mayor B. Vrbanovic and Ms. J. Ouellette, Facilitator of Volunteer Resources, presented Certificates of Appreciation and Long Service Recognition Awards to the following neighbourhood associations and minor sports groups: • K -W Special Olympics 15 years • Excelsior Fencing Club 30 years • K -W Synchronized Swimming 30 years • K -W Sidewinders Sledge Hockey 35 years • S.W. Optimists T -Ball 35 years • Forest Hill T -Ball 45 years Downtown Neighbourhood Alliance 10 years Cherry Park NA (formerly King - Belmont) 20 years Auditorium NA 25 years Forest Heights Community Association 40 years Victoria Park NA 40 years Pinegrove 55 years Ms. J. Ouellette then announced that Mike Schurter had received the annual Ontario Senior of the Year Award for his extensive volunteer work with such organizations as the Waterloo Region Food Bank, St. Vincent de Paul Society, Sunnyside Long -Term Care Facility, St. Daniels Church Social Committee and 35 years with the KW Softball Club. COUNCIL MINUTES JUNE 29, 2015 -128- CITY OF KITCHENER 6. DELEGATIONS — 6.a. Road Naming By -law Mayor Vrbanovic invited members of the public to come forward to speak for or against a by -law to name private roads in the residential development at 1 Adam Street (Victoria Common) listed as Items 11.d and 14.d under By -laws on the meeting agenda. No delegations came forward to speak to this matter. 6.b. Intersection Mural Painting Pilot Project Messrs. Lane Burman and John Jackson, Mount Hope - Breithaupt Park Neighbourhood Association, gave a presentation to unveil the picture to be painted at the intersection of Wilhelm / Ahrens Streets, as part of a pilot project previously approved by Council. Mr. Burman invited all members of Council to attend the intersection painting party on July 18, 2015. 6.c. Committee of Adjustment Submission No. SG 2015 -005 Mr. Shayne Chapman, Chap Signs, addressed Council in support of Committee of Adjustment Submission No. SG 2015 -005 (2959 King St E), listed as Item B.6 on the Committee of the Whole agenda. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That the application of the Mike Lan Investments Ltd. (SG 2015 -005 — 2959 King Street East) requesting permission to legalize an existing ground supported sign on the subject property located 12.06m (39.566') from a ground supported sign on an adjacent property rather than the required separation distance of 15m (49.212'), on Part Lot 14, Plan 958, 2959 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit from the Planning Division. 2. That the owner shall ensure that the sign is in compliance with all other regulations of the Sign By -law." Carried. 6.d. Demolition of Mayfair Hotel and 156 -158 King Street West Council was in receipt of 25 questions submitted by members of an advocacy group comprised of members from the Architectural Conservancy of Ontario (ACO) and citizens relating to the demolition of the Mayfair Hotel and 156 -158 King Street West. Ms. Lisa Harmey and Ms. Patty Clarke, ACO, were in attendance and reviewed the subject questions. Additionally, they requested Council pursue an independent inquiry into the two demolitions. Responding to questions, Ms. Harmey confirmed the questions she reviewed this evening were slightly revised from what was previously circulated to Council, noting she also added two more questions. She agreed to circulate the additional questions to Council. Responding further, she indicated members of the ACO could help facilitate the independent inquiry. In response to questions, Mr. M. May, Deputy CAO — Community Services, advised the preferred way to review this matter is through the direction previously given by Council, which is an examination of current and best practices by City staff as well as Heritage Kitchener. He commented Heritage Kitchener has a proven track record of being independent. He indicated that some of the questions have already been answered. He added some questions are based on factual inaccuracies, or request information not within the City's purview to provide. He commented a portion of the questions would take a considerable amount of staff time to analyze the data in order to provide a response. He estimated the cost of an inquiry as ranging from $50,000 to $100,000. COUNCIL MINUTES JUNE 29, 2015 -129- CITY OF KITCHENER A motion was bought forward by Councillor F. Etherington, seconded by Councillor Y. Fernandes, to conduct an independent external review of the demolitions including consultation with the advocacy group who put forward the questions and the ACO. Councillor Etherington's motion was voted on and was LOST on a recorded vote, with Councillors Y. Fernandes and F. Etherington voting in favour; and, Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway - Sealock, P. Singh, B. loannidis, S. Marsh and S. Davey voting in opposition. Councillors J. Gazzola and Z. Janecki were absent from the meeting and accordingly did not vote. A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor S. Marsh, to direct staff to respond to the questions where possible and take no action at this time on those questions which will require additional work. Mayor Vrbanovic pointed out some of the questions pertain to matters which fall under the responsibility of the Provincial Government. It was agreed that responses should be provided only to those questions within the purview of the municipality. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor S. Marsh "That in regards to the questions put forward on the issues related to the demolition of the Mayfair Hotel, where possible, staff be directed to answer the questions and provide information that is within the scope of the municipality; and further, That staff be directed to forward to Council the questions that would require additional work and take no action on those questions at this time." A recorded vote was requested. Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, D. Schnider and Y. Fernandes. Contra: Councillors S. Davey, B. loannidis, P. Singh and F. Etherington. Absent: Councillors J. Gazzola, and Z. Janecki. Light Armoured Vehicle (LAV) III Monument Program Honorary Lt. Col. Brian Rainville, Royal Highland Fusiliers, was in attendance in support of the purchase, installation and maintenance of the Light Armoured Vehicle (LAV) III Monument in Kitchener, as outlined in Clause 2 of the Finance and Corporate Services Committee report. On motion by Councillor S. Davey, seconded by Councillor P. Singh, Clause 2 of the Finance and Corporate Services Committee report was brought forward for consideration. Responding to questions, Mr. D. Chapman, Deputy CAO — Finance & Corporate Services, spoke to Paragraph 2 of Clause 2 pertaining to the City's contribution toward the proposed monument, identifying it could be funded through Capital contingencies in 2015. In reference to the perpetual maintenance of the monument, he estimated it would cost approximately $10,000 every ten years and suggested Council should confirm the extent of its commitment to perpetual maintenance and identify an associated funding source. An amendment was brought forward by Councillor K. Gal loway - Sealock, seconded by Councillor S. Marsh, to add an additional paragraph to Clause 2 to cover 50% of the cost for perpetual maintenance. In response to questions, Lt. Col. Rainville advised the City of Waterloo is interested in having an LAV III Monument installed, but is unsure where it might be located. He confirmed there are no time constraints if Kitchener wanted to pursue negotiation with other area municipalities. COUNCIL MINUTES JUNE 29, 2015 -130- CITY OF KITCHENER A motion was brought forward by Councillor S. Davey, seconded by Councillor P. Singh, to defer consideration of Clause 2 of the Finance and Corporate Services Committee report to the August 24, 2015 Council meeting to allow time for an investigation into the interest of the Cities of Waterloo and Cambridge to possibly pursue a joint monument. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That consideration of Clause 2 of the Finance and Corporate Services Committee report be deferred to the August 24, 2015 Council meeting." Carried. 6.e. Council Policy 1 -517 (Collections — Utility and Miscellaneous Receivables) Mayor B. Vrbanovic advised the delegation registered for this matter was not able to attend today's meeting; and, this issue would be rescheduled to a later date. 6.f. Zone Change 13/13/N/KA — 508 New Dundee Road Mr. Paul Britton, MHBC Planning Inc., addressed Council in support the draft Plan of Subdivision and Zone Change application for 508 New Dundee Road, as outlined in Clause 2 of the Planning and Strategic Initiatives Committee report. Moved by Councillor P. Singh Seconded by Councillor K. Galloway- Sealock "That Clause 2 of the Planning and Strategic Initiatives Committee report, be adopted." Carried. Proposed Privatization of Hydro One Moved by Councillor Y. Fernandes Seconded by Councillor S. Marsh "That pursuant to Section 25.5.5(b) of Chapter 25 of the Municipal Code (Council Procedure), Ms. Eleanor Grant be permitted to address Council this date regarding the proposed privatization of Hydro One, which was not listed on the Council agenda." Carried. Ms. Eleanor Grant addressed Council in opposition to the proposed sale of Hydro One. She requested the City ask the Province to keep Hydro One in public ownership. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor F. Etherington, to waive the notice requirements outlined in Section 25.4.5(f) of Municipal Code Chapter 25 (Council Procedure) to allow a motion to come forward to express opposition to the privatization of Hydro One. Councillor Fernandes' motion was voted on and was LOST as it failed to receive the required two - thirds support. Dangerous Dog Designation Appeal - Bonsi Councillor Y. Fernandes advised the appellants for the Dangerous Dog Appeal, listed as Item B.3 on the Committee of the Whole agenda, were in attendance, and suggested the matter be brought forward at this time. Moved by Councillor Y. Fernandes Seconded by Councillor S. Marsh "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Claudio Bonsi and Ms. Crystal Bonsi, wherein the Committee rescinds the Potentially COUNCIL MINUTES JUNE 29, 2015 -131- CITY OF KITCHENER Dangerous Dog Designation applied to their dog `Thor' by the Kitchener - Waterloo and North Waterloo Humane Society, be ratified and confirmed." Carried. 6.g. Tenders Ms. Michelle Palmer - Novakovic, Director of Supply Services, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. A recorded vote was requested on Expression of Interest E15 -037 (Consultant Services - Development of Master Plan - City Hall Outdoor Spaces), listed as Item 13.1(ii) on the Committee of the Whole agenda. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That Expression of Interest E15 -037 Consultant Services — Development of a Comprehensive Master Plan (Kitchener City Hall Outdoor Spaces), be awarded to GSP Group, Kitchener, Ontario at their estimated fee of $73,500., plus H.S.T. of $9,555., for a total of $83,055., based on a satisfactory contract being negotiated and an upset fee being established." Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, D. Schnider, S. Davey, B. loannidis, P. Singh and F. Etherington. Contra: Councillor Y. Fernandes. Absent: Councillors J. Gazzola, and Z. Janecki. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That Tender T15 -053 One 80 kW (107 net peak power to ISO 9249) Standard All -Wheel Drive, Rubber Tired Industrial Tractor with Front End Loader and an extendable Backhoe be awarded to Toromont, Cambridge, Ontario, at their tendered price of $171,600., plus H.S.T. of $22,308., for a total of $193,908." PF.Ti eE "That Expression of Interest E15 -054 Consultant Services — Preliminary Noise Analysis and Transportation Assessment Analysis for the Planning Around Rapid Transit Stations (PARTS): Central Plan, be awarded to Dillon Consulting Limited, Kitchener, Ontario at their estimated fee of $59,124. (including contingencies of $3,346.) plus H.S.T. of $7,686.12, for a total of $66,810.12, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T15 -049 Storm Sewer Installation Contract: Rothsay Avenue (Kolb Creek to Matthew Street), be awarded to In4structure Ltd, Cambridge, Ontario at their corrected tender price of $2,911,871.75, including provisional items and contingencies of $228,231., plus H.S.T. of $378,543.33 for a total of $3,290,415.08." -and - "That Tender T15 -050 Sportsworld Arena: Change Room Ventilation be awarded to Velocity Mechanical, Kitchener, Ontario, at their tendered price of $233,000., plus H.S.T. of $30,290., for a total of $263,290." COUNCIL MINUTES JUNE 29, 2015 -132- CITY OF KITCHENER - and — "That the Corporation of the City of Kitchener enter into an agreement with Aecon Utilities, A division of Aecon Construction, Toronto, Ontario, for the Gas Pipeline Reconstruction, Ottawa Street LRT in the amount of $1,428,078., plus H.S.T. of $185,650.14, for a total of $1,613,728.14; and further, That the Mayor and Clerk be authorized to execute a cost sharing agreement with the Regional Municipality of Waterloo in the amount of $636,819.; said agreement to be to the satisfaction of the City Solicitor." 951ii eE "That the Corporation of the City of Kitchener enter into an agreement with Det Norske Veritas (Canada) Ltd., Calgary, Alberta, for their natural gas modelling software system in the amount of $246,831., plus H.S.T. of $32,088., for a total of $278,919., for an initial six (6) year period, with an option to renew for five (5) additional twelve (12) month terms, subject to the satisfaction of the City Solicitor." Carried. Moved by Councillor B. loannidis Seconded by Councillor F. Etherington "That the report of the Community and Infrastructure Services Committee be adopted." Carried. 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 report be adopted." 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor K. Galloway- Sealock "That the balance of the Planning & Strategic Initiatives Committee report be adopted." Carried. Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — Councillor Y. Fernandes assumed the chair. 9.a. Federal Election Issue Mayor B. Vrbanovic gave notice that he would like to introduce the following motion for consideration this date to endorse a campaign launched by the Federation of Canadian Municipalities (FCM) calling on the federal party leaders to participate in a national debate on municipal issues before the next federal election. COUNCIL MINUTES JUNE 29, 2015 -133- CITY OF KITCHENER Moved by Mayor B. Vrbanovic Seconded by Councillor P. Singh "WHEREAS municipalities continue to work with all orders of government as equal partners to solve some of our country's biggest challenges; jobs, economic growth and better quality of life; and, WHEREAS with greater cooperation with the federal government, Canada will prosper from modern infrastructure, ensure our communities remain affordable and family - friendly, attract talent and investment, improve public safety and ensure environmental sustainability for all Canadians; and, WHEREAS the Federation of Canadian Municipalities (FCM) has launched a campaign calling on the federal party leaders to participate in a national debate on municipal issues before the next federal election and asks its member municipalities to pass a Council resolution supporting the campaign; THEREFORE BE IT RESOLVED that Council endorses the FCM campaign and urges all federal party leaders to participate in a debate on municipal issues such as infrastructure, transit and transportation, housing, clean water, the environment and public safety; and, BE IT FINALLY RESOLVED that a copy of this resolution shall be sent to the four main party leaders and to the Federation of Canadian Municipalities and to the Association of Municipalities of Ontario." Carried. 10. QUESTIONS AND ANSWERS — Questions were raised regarding the number of noise complaints received concerning the Ever After Music Festival held on May 30 and 31, 2015 at Bingemans. Mr. M. May, Deputy CAO — Community Services, confirmed staff is undertaking an examination of best practices employed by other municipalities to determine possible means of strengthening the City's Noise Enforcement By -laws. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add six additional by -laws for three readings this date being a zoning amending by -law respecting Clause 2 of the Planning & Strategic Initiatives Committee report, a zoning amending by -law, a by -law designating a special events parking area and a by -law amending Municipal Code Chapter 680 (Signs) relating to Clauses 8, 13 & 14 of the Community & Infrastructure Services Committee report, a Part Lot Control by -law and a by -law regulating traffic. Moved by Councillor D. Schnider Seconded by Councillor B. loannidis "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By -law No 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by -law to name private roads as Robert Peel Road, Prince Albert Boulevard, Victoria Marie Court, Oxfordshire Lane, John Russell Lane, Beatrice Lane, Whitehaven Lane, Cheltenham Mews and Hyde Park Mews, in the City of Kitchener. COUNCIL MINUTES JUNE 29, 2015 -134- CITY OF KITCHENER e. Being a by -law to exempt certain lands from Part Lot Control — Block 93, Registered Plan 58M -580, Block 13, Registered Plan 58M -581, Block 32, Registered Plan 58M -583 and Block 33, Registered Plan 58M -583 — George Ayres Drive.) f. Being a by -law to change the name of Georges Ayres Drive to George Ayres Drive on Registered Plan 58M -581 in the City of Kitchener. g. To confirm all actions and proceedings of the Council. h. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 1841362 Ontario Inc. — Northwest corner of Louisa Street and St. Leger Street. Being a by -law to designate a Special Event in the City of Kitchener. Being a by -law to amend Chapter 680 of the City of Kitchener Municipal Code with respect to Signs. k. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — C. Ormston — 508 New Dundee Road. Being a by -law to exempt certain lands from Part Lot Control — Block 4 and Part of Block 7, Registered Plan 58M -488 — Netherwood Road and Netherwood Crescent. M. To further amend By -law No. 2007 -138, being a by -law to regulate traffic and parking on highways under the jurisdiction of the Corporation of 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. 12. COMMITTEE OF THE WHOLE - On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor F. Etherington as Chair. On motion, the Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor F. Etherington Seconded by Councillor B. loannidis "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 D. Schnider Seconded by Councillor B. loannidis "That the by -laws be given third reading, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. (By -law No. 2015 -070) COUNCIL MINUTES JUNE 29, 2015 -135- CITY OF KITCHENER b. To further amend By -law No 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By -law No. 2015 -071) C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. (By -law No. 2015 -072) d. Being a by -law to name private roads as Robert Peel Road, Prince Albert Boulevard, Victoria Marie Court, Oxfordshire Lane, John Russell Lane, Beatrice Lane, Whitehaven Lane, Cheltenham Mews and Hyde Park Mews, in the City of Kitchener. (By -law No. 2015 -073) e. Being a by -law to exempt certain lands from Part Lot Control — Block 93, Registered Plan 58M -580, Block 13, Registered Plan 58M -581, Block 32, Registered Plan 58M -583 and Block 33, Registered Plan 58M -583 — George Ayres Drive.) (By -law No. 2015 -074) f. Being a by -law to change the name of Georges Ayres Drive to George Ayres Drive on Registered Plan 58M -581 in the City of Kitchener. g. To confirm all actions and proceedings of the Council. (By -law No. 2015 -075) (By -law No. 2015 -076) h. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 1841362 Ontario Inc. — Northwest corner of Louisa Street and St. Leger Street. (By -law No. 2015 -077) Being a by -law to designate a Special Event in the City of Kitchener. (By -law No. 2015 -078) Being a by -law to amend Chapter 680 of the City of Kitchener Municipal Code with respect to Signs. (By -law No. 2015 -079) k. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — C. Ormston — 508 New Dundee Road. (By -law No. 2015 -080) Being a by -law to exempt certain lands from Part Lot Control — Block 4 and Part of Block 7, Registered Plan 58M -488 — Netherwood Road and Netherwood Crescent. (By -law No. 2015 -081) M. To further amend By -law No. 2007 -138, being a by -law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By -law No. 2015 -082) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES JUNE 29, 2015 -136- CITY OF KITCHENER On motion, the meeting adjourned at 10:10 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 29, 2015 -137- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the Uniform Traffic By -law be amended to permit parking for a maximum period of three consecutive hours, between 10:00 p.m. and 6:00 p.m., and for a maximum period of one hour, between 6:00 p.m. and 10:00 p.m., on the south -west side of East Avenue from Borden Avenue North to Weber Street East; and further, That the City -wide winter overnight parking prohibition, 2:30 a.m. to 6:00 a.m., December 1 to March 31, remain in effect, as outlined in Infrastructure Services Department report INS -15- 047. 2. That the Uniform Traffic By -law be amended to prohibit parking at any time on the both sides of Peltz Avenue from Dekay Street to Waterloo Street, as outlined in Infrastructure Services Department report INS -15 -048. 3. That the Uniform Traffic By -law be amended to prohibit stopping from 8:00 a.m. to 4:30 p.m., Monday to Friday, September 1 to June 30, on the east (odd- numbered) side of Commonwealth Crescent from the east intersection with Commonwealth Street to the east intersection with Isabella Street, as outlined in Infrastructure Services Department report INS - 15 -049. 4. That the existing seasonal (spring /summer /fall) rubberized speed hump, in the area of 25 Upper Canada Drive, be replaced with a permanent, year -round asphalt speed hump, as outlined in Infrastructure Services Department report INS -15 -050. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Kitchener Harley- Davidson, at 2255 Kingsway Drive, between the hours of 12:00 p.m. and 5:00 p.m., on August 15, 2015, as outlined in Community Services Department report CSD - 15 -028. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The School of Rock, at 78 Francis Street North, for six outdoor performances taking place on July 17, 20, 31, August 14 and 28, between the hours of 2:30 p.m. and 4:00 p.m., and on August 6, 2015, between the hours of 6:30 p.m. and 8:00 p.m., as outlined in Community Services Department report CSD -15 -053. 7. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Lisa Miller, for an outdoor party being held at 134 Shantz Lane, between the hours of 6:00 p.m. and 10:00 p.m., on July 25, 2015, as outlined in Community Services Department report CSD -15 -054. 8. That Zone Change Application ZC15 /012 /L /AP for 1841362 Ontario Inc. (northwest corner of Louisa Street and St. Leger Street) for the purpose of changing the Zoning by removing Holding Provision 21H from the lands specified in the attached Map No.1, be approved in the form shown in the "Proposed By -law" dated May 1, 2015, attached as Appendix `A' of Community Services Department report CSD -15 -056. 9. That the Mayor and Clerk be authorized to execute a lease agreement extension, subject to the satisfaction of the City Solicitor, with the property owner at 75 Ardelt Place in the City of Kitchener, for the use of the lands for the purpose of continuing to provide a snow dumping facility for the exclusive use of City staff and their contractors, as outlined in Infrastructure Services Department report INS -15 -043. 10. That traffic calming measures not be implemented on Heiman Street, as outlined in Infrastructure Services Department report INS -15 -046. 11. That Schedule 1 - No Parking of the Uniform Traffic By -law, be amended to reflect the proposed on- street parking changes for specified sections of East Avenue, as outlined in Appendix `A' of Infrastructure Services Department report INS -15 -045; and, COUNCIL MINUTES JUNE 29, 2015 -138- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 11. (Cont'd) That on- street bicycle lanes be installed on both sides of East Avenue from Frederick Street to Stirling Avenue and sharrows be installed on both sides of East Avenue between Stirling Avenue and Borden Avenue; and, That on- street parking areas be defined through on -road pavement markings, and further, That the Uniform Traffic By -law be amended accordingly. 12. That staff proceed with the action items relating to the neighbourhood property standards compliance strategy, as outlined in Community Services Department report CSD -15 -031. 13. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Big Music Fest, to be held at McLennan Park on July 10 and 11, 2015, between the hours of 10:00 a.m. and 11:00 p.m., each day; and further, That a by -law be enacted to designate the area around McLennan Park as a special events parking area, pursuant to the City of Kitchener Traffic and Parking By -law 2007 -138, during the event, as outlined in Community Services Department report CSD -15 -044. 14. That Chapter 680 (Sign By -law) of the City of Kitchener Municipal Code be amended by adding a paragraph to section 680.3.4, recognizing the relocation of signs resulting from a road widening, as outlined in Community Services Department report CSD -15 -058 and in the revised Appendix `A' circulated June 15, 2015. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. WHEREAS the Province's FIT Program encourages the construction and operation of rooftop solar generation projects (the "Projects "); and, WHEREAS one or more Projects may be constructed and operated in the City of Kitchener; and, WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in these Applicants being offered a FIT Contract prior to other Organizations applying for FIT Contracts; THEREFORE BE IT RESOLVED that Council of the Council of The Corporation of the City of Kitchener supports without reservation the construction and operation of the Projects anywhere in the City of Kitchener; BE IT FURTHER RESOLVED that this resolution's sole purpose is to enable the participants in the FIT Program to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects or any other purpose; and, BE IT FINALLY RESOLVED that this resolution shall expire twelve (12) months after its adoption by Council, as outlined in Chief Administrator's Office report CAO -15 -019. 2. That consideration of the following motion be deferred to the August 24, 2015 Council meeting, to allow time for an investigation into the interest of the Cities of Cambridge and Waterloo as to the possibility of a joint monument: "That a letter of support be provided for the Light Armoured Vehicle (LA V) 111 Monument program application being submitted by the Royal Highland Fusiliers for its installation in front of the Kitchener Armoury located at 350 East Avenue; and further, COUNCIL MINUTES JUNE 29, 2015 -139- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) (Cont'd) That $10,000 be approved as the City of Kitchener's contribution toward the installation of the LA 111 Monument." (Carried, as Amended) That the Mayor and Clerk be authorized to execute a contract, subject to the satisfaction of the City Solicitor, with Greg Levine to renew and extend his role as the City's Integrity Commissioner to June 2016; and further, That staff report back to Council before June 2016 regarding how extended Integrity Commissioner services to Council(lors); including formal advice, consultation, and education and training could be accessed with potential guidelines and amendments to the Code of Conduct, as outlined in Finance and Corporate Services Department report FCS -15 -078. , Will ki lki llki [evil ki U1 X39:7e'll9xr] Los Iki 1111/eVA I1U *K9191k I kh 111 a 14:11112 That the Environmental Committee Work Plan (2015/2016), as outlined in Finance and Corporate Services Department report FCS -15 -087, be approved. 2. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by -law 2002 -64, grant draft approval to Plan of Subdivision Application 30T -13203 in the City of Kitchener, for C. Ormston, subject to the conditions attached to Community Services Department report CSD -15 -050 as Appendix A'; and, That the Zone Change Application ZC 13/13/N/KA for C. Ormston for the purpose of changing the zoning from Agricultural Zone (A -1) to Residential One Zone (R -1), Residential Four Zone (R -4), Residential Six Zone (R -6), Neighbourhood Institutional Zone (1 -1), Public Park Zone (P- 1), Open Space Zone (P -2), and Hazard Land Zone (P -3) with site specific special provisions be approved in the form shown in the "Proposed By -law" dated May 14, 2015 attached to Report CSD -15 -050, as Appendix `B'; and further, That the proposed Neighbourhood Park be named the Ian C. Ormston Park. (Dealt with under Delegations) COUNCIL MINUTES JUNE 29, 2015 -140- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by -laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. INS -15 -052 — Surrendering 40 -year Licence — 25 Joseph Street Council considered Infrastructure Services Department report INS -15 -052 (J. Readman), dated May 25, 2015. It was resolved: "That the Mayor and Clerk be authorized to execute the following: 1. a surrender of the City's 40 year licence in favour of Kitchener Housing Inc. at 25 Joseph Street effective August 31, 2015; and, 2. a lease agreement effective September 1, 2015 in favour of the Centre for Family Medicine for a ten year term for parking at 2 David Street, in a form and upon terms satisfactory to the City Solicitor." 3. FCS -15 -100 — Dangerous Dog Designation Appeal — Bonsi Dealt with under Delegations. 4. CSD -15 -062 — Noise Exemption — Centreville- Chicopee Community Centre Council considered Community Services Department report CSD -15 -062 (S. Turner), dated June 23, 2015. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Kenneth Bongomin for a community basketball tournament at the Chicopee Centerville Community Center, 141 Morgan Avenue, on August 9, 2015, between the hours of 1 1A and 9PM." 5. CSD -15 -063 — Noise Exemption — Holy Trinity Serbian Church Council considered Community Services Department report CSD -15 -063 (S. Turner), dated June 23, 2015. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Holy Trinity Serbian Orthodox Church at 700 Fischer Hallman Road, for two (2) festivals to be held on July 25 and July 26, 2015, between the hours of 12 noon and 11 PM and August 30, 2015, between the hours of 12:00 noon and 11:00 PM." 6. FCS -15 -098 — Sign Variance — 2959 King Street East Dealt with under Delegations. COUNCIL MINUTES JUNE 29, 2015 -141- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 7. FCS -15 -103 — Encroachment Agreement — King Street East / Cedar Street South Council considered Finance and Corporate Services Department report FCS -15 -103 (E. Mogck), dated June 23, 2015. It was resolved: "That subject to obtaining all necessary approvals, 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 357 King Street East and 1 -7 Cedar St. S. (PIN 225020079) to authorize the installation of light fixtures, cornice, stone sill, and signage which will encroach 2 feet 2 inches or 70cm, more or less, over the City's King St. E. and Cedar St. S. road allowances."