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HomeMy WebLinkAboutCouncil - 2015-10-05COUNCIL MINUTES OCTOBER 5, 2015 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 S. Marsh, the minutes of the regular meeting held September 14, 2015 and special meetings held September 14 & 21, 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 — NIL 5. PRESENTATIONS — 5.a. Staff Achievements Mayor B. Vrbanovic recognized Mr. C. Goodeve, Deputy City Clerk, on celebrating 10 years of municipal service as recognized by the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO). 5.b. Federation of Canadian Municipalities Mr. Clark Somerville, Federation of Canadian Municipalities (FCM) 1st Vice - President, was in attendance and presented a plaque acknowledging the City of Kitchener's involvement with the Municipal Partnership Program in Economic Development. Councillor K. Galloway - Sealock and Mr. R. Regier, Executive Director of Economic Development, accepted the plaque on behalf of the City. Mr. Somerville also presented Mayor B. Vrbanovic with a 15 -year service pin in recognition of his volunteer service with FCM on numerous boards and committees. 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. 5.d. Compass Kitchener Annual Work Plan Mr. Chris Hyde, Compass Kitchener, presented the 2015 -2016 Compass Kitchener Work Plan, as outlined in Chief Administrator's Office report CAO -15 -023 (L. Majcher), 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 Compass Kitchener Advisory Committee 2015 -2016 Work Plan be approved, as attached to Report CAO -15- 023." Carried. 6. DELEGATIONS — Committee of the Whole B.3 Together We're Bitter Co- operative Brewing Inc. Mr. Culum Canally was in attendance in support of the Manufacturer's Limited Liquor Sales License application from Together We're Bitter Co- operative Brewing Inc., as outlined in Chief Administrator's Office report CAO -15 -028 (R. Regier), listed as Item B.3 on the Committee of the Whole agenda. COUNCIL MINUTES OCTOBER 5, 2015 -185- CITY OF KITCHENER Moved by Councillor F. Etherington Seconded by Councillor B. loannidis "That the City of Kitchener supports the Manufacturer's Limited Liquor Sales License application from Together We're Bitter Co- operative Brewing Inc. to sell and serve beer for consumption by patrons at its manufacturing site located at 300 Mill Street, Unit 1, Kitchener, Ontario." Carried. 6.b. / 9.b. Kitchener Growth Management Plan Mr. Mark Nowak addressed Council regarding the lands owned by B &B Kieswetter Ltd, Kieswetter Holdings Inc. and Select Sand and Gravel, identified as parcels 133,134,135 and 136 in the Kitchener Growth Management Plan (KGMP), listed as Clause 3 on the Planning and Strategic Initiatives Committee report. He advised since September 21, 2015, meetings were held with Planning staff and Councillor K. Galloway - Sealock regarding the subject lands and expressed support for the compromise they were able to reach, as reflected in the Notice of Motion listed as Item 9.b under New Business. Moved by Councillor P. Singh Seconded by Councillor K. Galloway - Sealock "That Clause 3 of the Planning and Strategic Initiatives Committee report, as amended, be adopted." Carried. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That the City of Kitchener commit to the following items with respect to lands in the Kitchener Growth Management Plan (KGMP) 2015 -2017+ described as KGMP Plan ID #133, 134, 135, 136: 1. To work with the Region of Waterloo and the Ministry of Natural Resources to change the rehabilitation plan to recognize these lands as residential; 2. To working on the pre- submission plans which would include the ability to formally prepare technical studies including grading plans; 3. That the prioritization of these lands be strongly considered in the 2017 KGMP as a priority `B'; and, 4. That the KGMP summary map be revised to include a note for these lands that references the direction given in this recommendation." Carried. Prohibited Dog Designation Appeal — Pedican Ms. Heidi Pedican and Mr. David Pedican were in attendance in opposition to the recommendation to uphold the Prohibited Dog Designation applied to their dog `Bella' as outlined in Finance and Corporate Services Department report FCS -15 -144 (D. Livingstone), which is listed as Item B.5 on the Committee of the Whole agenda. Ms. Pedican expressed concerns that the designation was based solely on the dog's physical appearance and that its character was not factored into the decision - making process. She identified `Bella' as having a gentle demeanour and never displaying any aggressive tendencies. She indicated the dog provides therapeutic relief to her son who has special needs, noting it would be detrimental to his health if they were to lose `Bella'. She requested Council rescind the designation and allow her son to keep his dog. Responding to questions, Ms. Pedican advised they would be amenable to removing `Bella' from the Province if the designation was upheld. A motion was brought forward by Councillor S. Davey, seconded by Councillor B. loannidis, to rescind the Prohibited Dog Designation and provide direction that the Pedican's should endeavour to spay `Bella' within a timeframe deemed appropriate by the Poundkeeper. COUNCIL MINUTES OCTOBER 5, 2015 -186- CITY OF KITCHENER Councillor Davey's motion was voted on and LOST on a recorded vote, with Councillors P. Singh, B. loannidis, S. Marsh and S. Davey voting in favour; and, Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway - Sealock, Y. Fernandes, F. Etherington, J. Gazzola and Z. Janecki voting in opposition. Another motion was brought forward by Councillor S. Davey, seconded by Councillor B. loannidis, to provide an extension of two years for the Pedican's to remove `Bella' from the City of Kitchener /Province of Ontario. Councillor Davey's motion was voted on and LOST on a recorded vote, with, Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, P. Singh, B. loannidis and S. Davey voting in favour; and, Councillors D. Schnider, S. Marsh, Y. Fernandes, F. Etherington, J. Gazzola and Z. Janecki voting in opposition. Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Spencer Pedican, wherein the Committee confirms the Prohibited Dog Designation applied to his dog `Bella' by the Kitchener - Waterloo and North Waterloo Humane Society, be ratified with the following revision: • That the owner be given up to one (1) year from the date of the ratification of this decision (October 5, 2016) to remove `Bella' from the City of Kitchener or deliver the Dog to Kitchener - Waterloo Humane Society to have it relocated outside of the Province of Ontario; and further, • That should additional time be required to remove `Bella' from the City of Kitchener, prior to October 5, 2016 the owner shall make arrangements to re- appear before the Dog Designation Appeal Committee to seek an extension to the prescribed deadline." 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 Y. Fernandes. Contra: Councillors J. Gazzola, F. Etherington and Z. Janecki. 6.a. Union Street Bicycle Lane Implementation Mr. Gary Chard, Ms. Elke Anton, Mr. Albert Luft and Ms. Jennifer Werezak addressed Council in opposition to the installation of bicycle lanes on Union Street, as outlined in Clause 5 of the Community and Infrastructure Services Committee report. Concerns were expressed regarding the potential reduction of on- street parking, pedestrian and vehicular safety as well as the necessity of the bicycle lanes. Ms. Anton circulated a petition signed by 75 residents who are opposed to the proposed changes to Union Street. When called forward, Ms. Jeannette Jespersen declined the opportunity to address Council on this matter. Ms. Gwyneth Mitchell, Ms. Tessa Starkey and Messrs. Levi Oakey, Peter Dedes and Mike Boos spoke in support of the installation of bicycle lanes on Union Street. It was noted that Union Street forms an important link to other existing bicycle lanes across the city. Comments were put forward suggesting streets do not belong to just individual homeowners, but to all Citys taxpayers; and therefore, should be accessible to everyone regardless of their mode of transportation. Mr. Michael Purvis registered as a delegation, but was not in attendance when called forward to address Council. On motion by Councillor B. loannidis, seconded by Councillor F. Etherington, brought Clause 5 of the Community and Infrastructure Services Committee report forward for consideration. COUNCIL MINUTES OCTOBER 5, 2015 -187- CITY OF KITCHENER A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Z. Janecki, to defer consideration of Clause 5 of the Committee report until three weeks after the conclusion of the public consultation on the future location of parking on Union Street. Councillor Gazzola's motion was voted on and LOST on a recorded vote, with Councillors J. Gazzola and Z. Janecki voting in favour; and, Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, P. Singh, B. loannidis, S. Davey, D. Schnider, S. Marsh, Y. Fernandes and F. Etherington voting in opposition. At the request of Councillor S. Marsh, Council agreed to remove the word "meeting" from Paragraph 2 of Clause 5 as a means of providing flexibility to the public consultation process. Moved by Councillor B. loannidis, Seconded by Councillor F. Etherington "That Clause 5 of the Community and Infrastructure Services Committee report be adopted as amended." Carried, as amended, on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, D. Schnider, S. Davey, B. loannidis, P. Singh, F. Etherington and Y. Fernandes. Contra: Councillors J. Gazzola and Z. Janecki. 6.c. 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. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That Tender T15 -074 Snow and Ice Removal Equipment - Three (3) 8.8 Cubic Metre (11.5 Cubic Yard) Side Tilt Dump Body, Two -Way Front Plow and High Levelling Cable Wing to be Mounted on Three (3) 29,937 kg (66,000 lb) G.V.W. Tandem Rear Axle Conventional Cab and Chassis, be awarded to Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $326,610., plus H.S.T. of $42,459.30, for a total of $369,069.30." -and - "That Tender T15 -073 One (1) Loader Mounted Quick Disconnect 181 kW (250 hp) Snow Blower, be awarded to J.A. Larue Inc., Quebec, Quebec, at their tendered price of $104,924., plus H.S.T. of $13,640.12, for a total of $118,564.12." EFFI E "That the City of Kitchener's portion of the City of Guelph Cooperative Tender 15 -088 Supply and Delivery of Coarse Highway Salt, be awarded to Compass Minerals Canada Corp., Mississauga, Ontario, at their tendered unit prices for the 2015/2016 winter season with options to renew for three (3) additional seasons." Carried. COUNCIL MINUTES OCTOBER 5, 2015 -188- CITY OF KITCHENER 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." At the request of Councillor J. Gazzola, it was agreed that Clause 6 of the Committee report would be voted on separately. At the request of Councillor Y. Fernandes, it was agreed that Clause 7 of the Committee report would be considered separately on a recorded vote. A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor Y. Fernandes, to defer consideration of Clause 8 to the October 19, 2015, Community and Infrastructure Services Committee meeting, with any subsequent recommendation to be considered at the special Council meeting being held later that same day. Councillor Galloway- Sealock's motion was voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, Y. Fernandes, D. Schnider, J. Gazzola and Z. Janecki voting in favour; and, Councillors P. Singh, B. loannidis and S. Davey S. Marsh and F. Etherington voting in opposition. Clause 6 — Carried. Clause 7 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, D. Schnider, F. Etherington and P. Singh. Contra: Councillors J. Gazzola, Y. Fernandes and Z. Janecki, Balance of report — Carried. Moved by Councillor Y. Fernandes Seconded by Councillor F. Etherington "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. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICE Moved by Councillor S. Davey Seconded by Councillor J. Gazzola "That the report of the Finance and Corporate Services Committee be adopted." A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to defer consideration of Clause 3 of the Committee report to October 19, 2015, special Council meeting to allow time for the circulation of the Small Business Centre's budget. Councillor Gazzola's deferral motion was then voted on and was Carried. The balance of the Committee report was voted on and was Carried, as amended. COUNCIL MINUTES OCTOBER 5, 2015 -189- CITY OF KITCHENER 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. 8. UNFINISHED BUSINESS — 8.a. Municipal Heritage Register Mayor B. Vrbanovic advised staff received a request from representatives of the owner to further defer this matter to the December 14, 2015 Council meeting. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That consideration of listing 101 Glasgow Street / 149 Strange Street on the Municipal Heritage Register as a non - designated property of cultural heritage value or interest be deferred to the December 14, 2015 Council meeting." Carried. 8.b. Tax Application Deferral Mayor B. Vrbanovic advised staff have requested that Council take no action with respect to the deferred motion due to the withdrawal of the two subject applications. Moved by Councillor Z. Janecki Seconded by Councillor S. Davey "That no action be taken on tax applications #87 and #88 which were deferred to the meeting this date." Carried. 9. NEW BUSINESS — 9.a. Bicycle Infrastructure / Consultation Councillor D. Schnider had given notice he would introduce the following motion for consideration this date regarding the development of a comprehensive process to inform and engage the public regarding the implementation of future bicycle infrastructure. At the request of Councillor S. Marsh, Council agreed to amend the last Paragraph of the proposed motion to direct staff to report back prior to the end of 2015. Moved by Councillor D. Schnider Seconded by Councillor S. Marsh "WHEREAS the Government of Ontario has set out guidelines through the Ontario Traffic Manual (OTM) Book 18, which governs the installation of bicycle infrastructure across the Province; and, WHEREAS the Cycling Master Plan was approved in 2010, providing for the strategic implementation of bicycle lanes and other dedicated bicycle infrastructure throughout the City to create a more `bike - friendly' environment; and, WHEREAS the Cycling Master Plan identifies an on -road bikeway (bicycle lanes) priority network, which was recommended for completion within seven years; and, COUNCIL MINUTES OCTOBER 5, 2015 -190- CITY OF KITCHENER WHEREAS Transportation Services staff recognizes the importance of public engagement as a key aspect in successfully implementing the City's cycling network; and, WHEREAS based on the experienced gained through recent attempts to implement sections of the priority network, Transportation Services staff have implemented a working group to review its approach to public consultation and have initiated changes to enhance the process; THEREFORE BE IT RESOLVED that staff be directed to develop a comprehensive process to inform and engage the public regarding the implementation of future bicycle infrastructure addressing identified issues with respect to messaging, format of consultation meetings and the means by which feedback can be provided; and, BE IT FINALLY RESOLVED that staff be directed to report back with the proposed engagement process prior to the end of 2015." Carried Unanimously, on a recorded vote, as amended. 10. QUESTIONS AND ANSWERS — In response to questions, staff agreed to provide additional information to Council regarding the following matters: • A possible reduction in evening and weekend parking rates to support Downtown businesses during Light Rail Transit (LRT) construction; and, • Status of the woodchips on the `great lawn' at McLennan Park. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add an additional by -law for three readings this date to provide for drainage works. Moved by Councillor P. Singh Seconded by Councillor S. Davey "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By -law No 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. e. Being a by -law to provide for the widening of part of Goodrich Drive as a public highway in the City of Kitchener. f. Being a by -law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. g. To confirm all actions and proceedings of the Council. h. A by -law to provide for a drainage works in the City of Kitchener in the Region of Waterloo. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES OCTOBER 5, 2015 -191- CITY OF KITCHENER Moved by Councillor S. Davey Seconded by Councillor F. Etherington "That an in- camera meeting of City Council be held this date to consider a personal matter." Carried. The meeting then recessed at 11:16 p.m. and re- convened at 11:23 p.m., chaired by Mayor B. Vrbanovic and with all members present. 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 S. Marsh as Chair. On motion, the Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor S. Marsh 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 P. Singh Seconded by Councillor S. Davey "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 -101) 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 -102) 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 -103) d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2015 -104) e. Being a by -law to provide for the widening of part of Goodrich Drive as a public highway in the City of Kitchener. (By -law No. 2015 -105) COUNCIL MINUTES OCTOBER 5, 2015 -192- CITY OF KITCHENER f. Being a by -law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. (By -law No. 2015 -106) g. To confirm all actions and proceedings of the Council. (By -law No. 2015 -107) h. A by -law to provide for a drainage works in the City of Kitchener in the Region of Waterloo. (By -law No. 2015 -108) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:50 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 5, 2015 -193- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the Safe and Healthy Community Advisory Committee Work Plan 2015 -2016, be approved, as attached to Community Services Department report CSD -15 -080. 2. That Steed and Evans Limited be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code Article 6 (Construction Work), between the hours of 7:00 p.m. and 7:00 a.m. for the period from September 28, 2015 to October 19, 2015, during the Stahl Avenue and Wilhelm Street reconstruction project, as outlined in Infrastructure Services Department report INS -15 -078. 3. That the Uniform Traffic By -law be amended to prohibit parking at any time on the on both sides of the westerly leg of Windflower Crescent from a point 105 meters west of Windflower Drive to a point 35 meters west thereof, as outlined in Infrastructure Services Department report INS -15 -079 4. "That consideration of the following recommendation, be deferred to a meeting on or before November 2, 2015 to allow for the completion of public consultation with residents located within less than 0.5 kilometers informing them of the scope and impacts of the proposed snow disposal site: "That funding of $1,900,000. be allocated from the Development Charge Recovery reserve fund through the 2016 budget process to provide for the design and implementation of a snow disposal site at 1585 Battler Road, as outlined in Infrastructure Services Department report INS -15 -044; and further," That staff be directed to investigate and provide additional information prior to the 2016 Capital Budget deliberations regarding the following: • Decreasing the size of the proposed melting pad at the Battler Road site, along with a contingency plan for harsh winters to use other sites for overflow storage; • The potential use of a Region of Waterloo landfill facility as a potential snow disposal site; and, • Implementing a possible two -site solution, with a cost benefit analysis of both options. That on- street bicycle lanes be installed on both sides of Union Street from Breithaupt Park to Lancaster Street and sharrows be installed on both sides of Union Street between Breithaupt Park and Margaret Avenue, as outlined in Report INS -15 -065; and, That consideration of the parking prohibition on Union Street be deferred, pending the completion of the public consultation with the residents on the preferred side of the street for parking; and further, That the Uniform Traffic Bylaw be amended accordingly. (Dealt with under Delegations and Carried, as Amended) That the Upper Canada Park Master Plan, including the project priorities, be approved, as outlined in Infrastructure Services Department report INS -15 -014; and further, That the location of the proposed 2016/2017 skatepark within Upper Canada Park (Southwest Optimist Sportsfields), be approved, as outlined in Report INS -15 -014. That the 2015 District Park Development capital funding of $1,423,000., held in abeyance, be applied to the Upper Canada Park project Priority 1 in the amount of $523,000. and $900,000. Remain in the District Park account to be applied to Grand River Parks project, Kiwanis Park and /or South District Park projects as outlined in `Funding Scenario A' of Infrastructure Services report INS -15 -057, and considered in the 2016 or beyond Capital Budget; and, COUNCIL MINUTES OCTOBER 5, 2015 -194- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) (Cont'd) That funds for the Upper Canada Park project Priority 2(A), as defined in the Upper Canada Park Master Plan, be referred to the 2016 -2025 capital budget and forecast; and, That Upper Canada Park project Priority 2(B) and 3, currently unfunded, be referred to future capital budget processes, Leisure Facilities Master Plan updates, and Development Charges bylaw reviews; and further, That funding for the Grand River Park project be referred to the 2016 -2025 capital budget process and upcoming Development Charges bylaw reviews for the design and development of a future Riverside Park location, as outlined in Report INS -15 -057. (Carried on a recorded vote) That consideration of the following recommendation is deferred to October 19, 2015, Community and Infrastructure Services Committee meeting with any subsequent recommendation to be considered at the special Council meeting being held for later that same day: "That a pilot project be implemented to asphalt and provide winter maintenance on the City's trails around Glencairn Public School and staff be directed to monitor the use of those trails through two winter seasons; and, That staff continue to meet with neighbourhood associations on school access routes, and further; That staff report back on the finding of the pilot project and future direction, as outlined in Infrastructure Services Department report INS -15- 074." (Carried, as Amended) IaIki Fill ki [yWe1ki UZK97: 119 1MiNIZ&yA:tUIy *YKe]khIkhl11 a1:11:11112 That uncollectable Utility Accounts amounting to $73,543. be written off against the Allowance for Doubtful Utility Receivables, as outlined in Finance and Corporate Services Department report FCS -15 -133. That uncollectable Miscellaneous Receivable Accounts amounting to $13,107. be written off against the Allowance for Doubtful Receivables, as outlined in Finance and Corporate Services Department report FCS -15 -134. That consideration of the following recommendation is deferred to October 19, 2015, special Council meeting to allow time for the circulation of the Small Business Centre's budget: "That the Chief Administrative Officer and Clerk be authorized to execute a three year funding agreement, subject to the satisfaction of the City Solicitor, between the City of Kitchener, City of Cambridge and City of Waterloo to collaborate on delivery of the Waterloo Region Small Business Centre services and programs funded in part by the Province of Ontario, as outlined in Chief Administrator's Office report CAO -15- 027." (Carried, as Amended) That staff be directed to explore the feasibility of the key aspects of the Registry Theatre `Strategic Refresh' 2015 -2018 process being undertaken by J.M. Drama, as outlined in Chief Administrator's Office report CAO -15 -021. COUNCIL MINUTES OCTOBER 5, 2015 -195- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By -law 2002 -164 of the City of Kitchener, as amended, hereby grants draft approval to Condominium Application 30CDM -14207 for Block 95 of Plan 58M -588 in the City of Kitchener, subject to the conditions as shown in Community Services Department report CSD -15 -019, Appendix `A'. That the Engineering Report for the Gravel Ridge Drain (Activa Drainage Petition), prepared by K. Smart Associates Ltd., dated August 31, 2015, as outlined in Infrastructure Services Department report INS -15 -077, be received and approved; and further, That the Engineering Report for the Gravel Ridge Drain be adopted by by -law, in the prescribed form specified by the Drainage Act, to formally establish the Gravel Ridge Drain as a municipal drain. That the Kitchener Growth Management Plan Fall 2015 to Fall 2017 +, as attached to Community Services Department report CSD -15 -070, be approved, save and except the following: • Revisions to the `General Comments' and `Future Plan' section related to Parcel 66 within the Grand River South area, that subject to the approval of the GRCA, the portion of the parcel immediately south of the Woolner Heritage Farm be extended to the Grand River to be conserved for floodplain /open space purposes. (Carried, as Amended) COUNCIL MINUTES OCTOBER 5, 2015 -196- 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 -15 -141 — Committee of Adjustment Sign Variance Council considered Finance and Corporate Services Department report FCS -15 -141 (D. Saunderson), dated September 16, 2015. It was resolved: "That the application of Waterloo Region District School Board (SG 2015 -008 — 329 Glasgow Street) requesting permission to install a ground supported sign having automatic changing copy located 23m (75.459') from a residential zone whereas the By -law requires a separation distance of 100m (328.083') from a residential zone, on Part Lots 7 & 8, Plan 402, 329 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a Sign Permit from the Planning Division by December 1, 2015. That the owner shall ensure that there are no scrolling or flashing characters and that characters are displayed for a minimum of six seconds. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 6:00 a.m." 3. CAO -15 -028 —Together We're Bitter Co- operative Brewing Inc. Dealt with under Delegations. 4. FCS -15 -143 — Appointments to the Committee / Court of Revision Council consider Finance and Corporate Services Department report FCS -15 -143 (C. Tarling), dated September 24, 2015. The following members were nominated and agreed to stand for appointment to the Committee / Court of Revision: Councillors J. Gazzola, Z. Janecki, D. Schnider and Y. Fernandes. It was resolved: "That Councillors J. Gazzola, Z. Janecki, D. Schnider and Y. Fernandes be appointed to the Committee of Revision / Court of Revision for a one year term ending on November 30, 2016." 5. FCS -15 -144 — Prohibited Dog Designation Appeal — Pedican Dealt with under Delegations. COUNCIL MINUTES OCTOBER 5, 2015 -197- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 6. CAO -15 -023 — Compass Kitchener Advisory Committee 2015 -2016 Work Plan Dealt with under Delegations. 7. CAO -15 -032 — Offer to Purchase — 35 Trillium Drive Council considered Chief Administrator's Office report CAO -15 -032 (B. Bennett), dated September 28, 2015. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with Ferj Investments Inc. for their acquisition of the City's parcel of land located at 35 Trillium Drive, having an area of approximately 2.0 acres (.80 hectares), legally described as Part 1 58R- 16845, Plan 1478 Part lot 5 at a total purchase price of $475,000.00; said agreement to be to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, said documentation to be satisfactory to the City Solicitor." 8. CAO -15 -033 — City Hall Lease — Open Sesame: Art, Books and Objects Council considered Chief Administrator's Office report CAO -15 -033 (C. Bluhm), dated September 29, 2015. It was resolved: "That the Mayor and Clerk be authorized to execute a one year lease with the owner of Open Sesame: Art, Books and Objects, for space at City Hall municipally known as 220 King Street W., said agreement to be satisfactory to the City Solicitor." 9. FCS -15 -148 - 2016 Council and Standing Committee Schedule Council considered Finance and Corporate Services Department report FCS -15 -148 (C. Tarling), dated September 30, 2015. A motion was brought forward by Councillor Y. Fernandes to incorporate an additional meeting cycle into April 2016, was voted on and was LOST. At the request of Councillor K. Galloway - Sealock, Council agreed to amend the 2016 meeting Schedule to change to November 21, 2016 to be used for a Council meeting and November 28, 2016 to be used for the Capital Budget meeting. It was resolved: "That the 2016 Meeting Schedule attached to report FCS -15 -148, be approved as the 2016 schedule of Council and Standing Committee meetings, with a change to November 21, 2016 to be used for a Council meeting and November 28, 2016 to be used for the Capital Budget meeting." COUNCIL MINUTES OCTOBER 5, 2015 -198- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 10. FCS -15 -149 — Encroachment Agreement Request — Signage on King Street West Road Allowance Council considered Finance and Corporate Services Department report FCS -15 -149 (E. Mogck), dated September 30, 2015. It was resolved: "That the Corporation of the City of Kitchener as owner of the building at 10 King Street West in which The Museum is located, hereby consents to The Museum's subtenant, Cambridge Hotel and Conference Centre Limited, installing a sign on the building fapade; and, 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 tenant/subtenant of the property municipally known as 10 King Street West to authorize the installation of the signage which will encroach 3.5 feet, more or less, over the City's King St. W. road allowance." 11. INS -15 -186 — Consultant Fees — Snow Dump — Battler Yard Council considered Infrastructure Services Department report INS -15 -186 (G. Hummel), dated September 30, 2015. A recorded vote was requested. It was resolved: "That Council approve the cost for consulting fees of $24,089.00 plus HST of $3,241.17 for a total of $28,173.29 to address the Council motion regarding the Infrastructure Services Department report INS -15 -044 snow disposal site selection." In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider, F. Etherington, B. loannidis, Z. Janecki, P. Singh, J. Gazzola and Y. Fernandes. Contra: Councillors K. Galloway - Sealock and S. Davey 12. Road Renaminq Council considered a recommendation arising from in- camera discussion this date. It was resolved: "That in recognition of Eugene George's contribution to local hockey as the founding president of the Kitchener Rangers Hockey Club, staff be directed to prepare the necessary by -law to change the name of Sherbourne Avenue to Eugene George Way."