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HomeMy WebLinkAboutCouncil - 2016-03-21Kell] I:N10khIlki Lei I *? MARCH 21, 2016 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 "O Canada" by the Trillium Public School Choir. 2. MINUTES — On motion by Councillor S. Davey, the minutes of the regular meeting held February 22, 2016 and special meetings held February 22 and March 7, 2016, 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. Municipal Law Enforcement Officer Certification — Presentation On behalf of Council, Mayor B. Vrbanovic recognized Ms. T. Daniels, Manager of Licensing, for obtaining the Municipal Law Enforcement Officer (MLEO) Certification from the MLEO Association (Ontario). 5.b. Certified Municipal Officer Designation — Presentation On behalf of Council, Mayor B. Vrbanovic recognized Ms. D. Livingstone, Committee Administrator, for obtaining the Certified Municipal Officer (CMO) designation from the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO). 6. DELEGATIONS — 6.a. Public Notice — 220 Apple Hill Crescent Mayor B. Vrbanovic advised that notice had been given for any member of the public to attend this meeting to speak for or against a by -law to name private roads in the residential development at 220 Apple Hill Crescent, listed as Items 11.f and 14.f on the Council agenda. Moved by Councillor B. loannidis Seconded by Councillor S. Marsh "That the by -law to name private roads in the residential development at 220 Apple Hill Crescent, listed as Items 11.f. and 14.f, be taken as read a second time and be recommended for enactment." Carried. CAO -16 -010 — Descendants Beer & Beverage Company Mr. Robin Molloy, Descendants Beer & Beverage Company, was in attendance in support of his company's Manufacturer's Limited Liquor Sales License application, as outlined in Chief Administrator's Office report FCS -16 -010 (B. Bennett / C. Bluhm) listed as Item B.2 on the Committee of the Whole agenda. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That the City of Kitchener supports the Manufacturer's Limited Liquor Sales License application from Descendants Beer & Beverage Co. to sell and serve beer for consumption by patrons at its manufacturing site located at 319 Victoria Street North, Kitchener, Ontario." Carried. COUNCIL MINUTES MARCH 21, 2016 -43- CITY OF KITCHENER 6.b. Tier 2 Grant Appeal — ACCKWA Ms. Ruth Cameron, AIDS Committee of Cambridge, Kitchener - Waterloo & Area (ACCKWA), addressed Council to request an increase to the proposed $100. in -kind 2016 Community Grant Tier 2, listed as Clause 12(d) on the Community and Infrastructure Services Committee report. Ms. Cameron reviewed the correspondence she sent to Council, dated March 15, 2016, listed as Item 6.b on the Council agenda, advising her organization has decreased its original grant request from $9,650. to $3,427.43. She indicated the revised request eliminated funds dedicated to staffing and materials. She stated the grant funding is necessary as they are not able to obtain increased funding for operational costs from any of their main funders. A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor J. Gazzola, to amend Clause 12(d) to increase the 2016 Tier 2 Community Grant from $100. (in -kind) to $3,527.43 ($1,100. cash and $2,427.43 in- kind). A recorded vote was requested. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor J. Gazzola "That Paragraph (d) of Clause 12 of the Community and Infrastructure Services Committee report, be approved, as amended." In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway - Sealock, P. Singh, B. loannidis, F. Etherington, Y. Fernandes, J. Gazzola and S. Marsh. Contra: Councillor Z. Janecki. Motion Carried. 6.c. Economic Development Reserve — Communitech Mayor B. Vrbanovic advised that Mr. Douglas Freure had withdrawn his request to appear as a delegation this date regarding funding from the Economic Development Reserve to expand Communitech space at 151 Charles Street, listed as Clause 1 on the Planning and Infrastructure Services report. 6.d. Zone Change Application 15 /010/W /AP — 42 West Acres Crescent Council was in receipt of Community Services Department report CSD -16 -020 (A. Pinnell), dated March 16, 2016, providing additional information regarding the potential to locate access to the proposed stacked townhouse development at 42 West Acres Crescent onto Highland Road instead of West Acres Crescent as outlined in Zone Change Application ZC 15 /010 /W /AP listed as Clause 2 on the Planning and Strategic initiatives Committee report. Mr. Pierre Chauvin, MHBC Planning, spoke in support of the findings in Report CSD -16 -020, which concludes that locating a regular access point off of Highland Road is not safe, practical or advisable, adding it is also not supported by Planning staff at the Region of Waterloo. He noted the applicant has already revised the proposal by reducing the number of units from 42 to 27. He expressed concerns that it would not be financially viable to further reduce the number of units to accommodate significant changes to the site's configuration. Ms. Jen Dol and Ms. Sharon Harding addressed Council in opposition to the proposed development of 42 West Acres Crescent, citing concerns regarding density and a desire to have access via Highland Road only. Ms. Harding indicated that historically the subject property was accessed from Highland Road on the west side of the site. She encouraged Council to consider this option prior to rendering a decision. COUNCIL MINUTES MARCH 21, 2016 -44- CITY OF KITCHENER Mr. Kurt Schneider addressed Council in opposition to the subject Zone Change Application, suggesting that consideration of this matter should be deferred until after the policy pertaining to intensification in established neighbourhoods had been completed. Mayor Vrbanovic clarified the Residential Intensification Policy is not anticipated to be completed for approximately one year and the City has an obligation to process zone change applications with 120 days. Responding to questions, Mr. A. Pinnell, Planner, advised Planning staff and the applicant seriously considered the request for the sole access to be located on Highland Road. However, based on a number of challenges, including both safety and technical, a Highland Road access is not supportable. He acknowledged consideration could be given to locating access to Highland Road on the west side of the site similar to where the historic access was to the property; but, estimated moving the access point to this location could create a number of other issues for the development. Responding to questions regarding this matter being deferred, Mr. Chauvin indicated the applicant would not be in favour of this project being delayed any further. He noted there would still be significant grading issues associated with locating access to Highland Road on the west side of the property. On motion by Councillor P. Singh, seconded by Councillor S. Davey, Clause 2 of the Planning and Strategic Initiatives Committee report was brought forward for consideration. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor S. Marsh, to defer consideration of Clause 2 to the April 11, 2016 special Council meeting to allow time for an examination of the viability of providing access to the proposed development from Highland Road similar to where the historic entrance was located on the west side of the property. A recorded vote was requested. Moved by Councillor Y. Fernandes Seconded by Councillor S. Marsh "That consideration of Clause 2 of the Planning and Strategic Initiatives Committee report, be deferred to the April 11, 2016 special Council meeting." In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Gal loway- Sealock, B. loannidis, F. Etherington, Y. Fernandes, J. Gazzola and S. Marsh. Contra: Councillors P. Singh and Z. Janecki Motion Carried. 6.e. Water Supply Lines Mr. Les Holdway, Developer / Broker & Noah's Ark Wetlands Foundation, addressed Council to present concerns regarding the dangers of lead in the City's water pipes. He suggested the establishment of a committee comprised of citizens and Water Utility staff to examine this matter. Mr. W. Malcom, Director of Utilities, advised the water provided by the City and Region of Waterloo is safe to drink. He confirmed it is tested regularly, with the results being well below the thresholds established by the Province of Ontario. He indicated a plan is in place to remove the approximately 1,500 lead pipes known to exist in the City by 2020. He stated where lead pipes are identified on private properties, homeowners are notified and encouraged to have them replaced at the same time the City is undertaking work on the utility connections. He agreed to review the points raised by Mr. Holdway and provide clarification to Council regarding the City's existing practices. COUNCIL MINUTES MARCH 21, 2016 -45- CITY OF KITCHENER 6.f. 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. Responding to questions regarding Expression of Interest E16 -007 (Consultant Services — Doon Pioneer Park Community Centre Business Case), she confirmed the $274.04 on Line D should have been identified as a surplus and not a deficit. Moved by Councillor B. loannidis Seconded by Councillor S. Marsh "That Tender T16 -019 Bridge Maintenance Program 2016 Contract, be awarded to Engineered Concrete Limited, Kitchener, Ontario at their adjusted tendered price of $411,447., including provisional items and contingencies of $55,322.50, plus H.S.T. of $53,488.11, for a total of $464,935.11." -and - "That Tender T16 -011 Breithaupt Street (St. Leger Street to Lancaster Street West) and Major Street Road Reconstruction, be awarded to Sierra Infrastructure Inc., Woodstock, Ontario at their tendered price of $1,638,938.05, including provisional items and contingencies of $92,794., plus H.S.T. of $213,061.95, for a total of $1,852,000." -and - "That Tender T16 -020 Closed Circuit T.V. Inspection of Gravity Sewers, be awarded to WESSUC Inc., Brantford, Ontario, at their adjusted tendered price of $447,335.63 including provisional items and contingencies of $13,000., plus H.S.T. of $59,843.63 for a total of $520,179.26." -and - "That Tender T16 -023 Geotab GPS Equipment and Related Items, be awarded to PinPoint GPS Solutions Inc., Mississauga, Ontario, at their tendered price of $121,316., plus H.S.T. of $15,771.08, for a total of $137,087.08, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." -and - "That Expression of Interest E16 -009 Consultant Services — Sanitary Sewer System Model Update, be awarded to AECOM Canada Ltd., Markham, Ontario, at their estimated fee of $186,391.48, including contingencies of $16,944.68 plus H.S.T. of $24,230.89, for a total of $210,622.37, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Expression of Interest E16 -007 Consultant Services — Doon Pioneer Park Community Centre Business Case, be awarded to MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC), Kitchener, Ontario, at their estimated fee of $44,491., including contingencies of $2,071. plus H.S.T. of $5,783.83, for a total of $50,274.83, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T16 -017 Forfar Park Wetland Retrofit and Kolb Creek Trail Construction (Pond 6 to Rothsay Avenue), be awarded to TDI International Ag Inc. dba Eco Blue Systems, Mono, Ontario at their adjusted tendered price of $634,368.96, including provisional items and contingencies of $130,200.80, plus H.S.T. of $82,467.97, for a total of $716,836.94." -and - COUNCIL MINUTES MARCH 21, 2016 -46- CITY OF KITCHENER "That Tender T16 -014 Blair Creek Drive Bridge Construction, be awarded to McLean Taylor Construction Limited, St. Mary's, Ontario at their tendered price of $3,154,083.56, including provisional items and contingencies of $543,434., plus H.S.T. of $410,030.86, for a total of $3,564,114.42." -and - "That Expression of Interest E16 -010 Consultant Services — Old Huron Road Reconstruction (Battler Road to Maxwell Drive), be awarded to MTE Consultants Inc., Kitchener, Ontario, at their estimated fee of $257,038.10, including contingencies of $23,367.10 plus H.S.T. of $33,414.95, for a total of $290,453.05, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T16 -002 Road Improvement, Road Surface Construction, Miscellaneous Asphalt and Concrete Work, be awarded to Ekum -Sekum Incorporated o/a Brantco Construction, Cambridge, Ontario at their adjusted tendered price of $3,050,544.60, including provisional items and contingencies of $290,337.50, plus H.S.T. of $396,570.80, for a total of $3,447,115.40." -and - "That Tender T16 -028 Thermostatic Mixing Valves, be awarded to Marks Supply Inc., Kitchener, Ontario, at their tendered price of $292,125., plus H.S.T. of $37,976.25, for a total of $330,101.25, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "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 S. Marsh "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola requested that Clause 8 and paragraph 5 of Clause 10 be dealt with separately on a recorded vote. A motion was brought forward by Councillor P. Singh, seconded by Councillor B. loannidis, to amend Clause 10 by including an additional paragraph where if the potential exists, staff be directed to utilize the tech start -up community through a Smart City hack -a -thon to explore opportunities and solutions towards the Smart City pilot initiatives. Councillor Singh's amendment was voted on and was Carried. Clause 8 - Carried Unanimously on a recorded vote. Paragraph 5, Clause 10 - Carried on a recorded vote. COUNCIL MINUTES MARCH 21, 2016 -47- CITY OF KITCHENER In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Gal loway - Sealock, B. loannidis, P. Singh, F. Etherington and S. Marsh. Contra: Councillors Y. Fernandes, J. Gazzola and Z. Janecki. Balance of Clause 10, as amended - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Gal loway - Sealock, B. loannidis, Y. Fernandes, J. Gazzola, P. Singh, F. Etherington and S. Marsh. Contra: Councillor Z. Janecki. Balance of report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor B. loannidis "That the report of the Planning & Strategic Initiatives Committee be adopted." A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor K. Galloway - Sealock, to amend Clause 1 of the Committee report to include a request that Communitech consider setting space aside as part of its proposed expansion to support a Green /Eco Hub. A motion was brought forward by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, that the question regarding the proposed amendment be now put; which was voted on and was LOST. Several members expressed concern with requesting that Communitech provide space for something that may /may not be contrary to its mandate, given Green /Eco Hubs could include for - profit organizations that are not part of the tech industry. It was noted providing space for a Green /Eco Hub could be considered as duplicating the efforts of Sustainable Waterloo Region. Councillor Fernandes' amendment was voted on and was LOST on a recorded vote, with Councillors S. Marsh and Y. Fernandes voting in favour; and Mayor B. Vrbanovic and Councillors B. loannidis, K. Galloway - Sealock, D. Schnider, J. Gazzola, P. Singh, S. Davey, F. Etherington and Z. Janecki voting in opposition. A recorded vote was requested Clause 1 - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Gal loway - Sealock, B. loannidis, P. Singh, F. Etherington and S. Marsh. Contra: Councillors Y. Fernandes, J. Gazzola and Z. Janecki. E: 11 <l1ki IaIki 16ya:11Dl:J,Wbylki 1 * *011111ki 11I COUNCIL MINUTES MARCH 21, 2016 -48- CITY OF KITCHENER ANkiIAhvill!:11bylki l * &m 9.a. Appointment to the Region of Waterloo International Airport 2016 Master Plan / Business Plan Council was in receipt of correspondence from Ms. Kris Fletcher, Region of Waterloo, dated March 3, 2016, requesting a representative from Kitchener City Council for the Region of Waterloo International Airport Master Plan Steering Committee. Councillor B. loannidis nominated Councillor D. Schnider, who agreed to stand for appointment Moved by Councillor B. loannidis Seconded by Councillor S. Marsh "That Councillor D. Schnider, be appointed as the City of Kitchener's representative on the Region of Waterloo International Airport Master Plan Steering Committee." Carried. 10. QUESTIONS AND ANSWERS — NIL 11. BY -LAWS (FIRST READING) — Moved by Councillor B. loannidis Seconded by Councillor S. Marsh "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. 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. f. Being a by -law to name private roads as Apple Hill Lane, Daylily Lane and Goldenrod Lane in the City of Kitchener. g. Being a by -law to exempt certain lots from Part Lot control — Part of Block 5, Registered Plan 58M -365 — Deer Creek Street. h. Being a by -law to exempt certain lots from Part Lot control — Part of Block 5, Registered Plan 58M -365 — Deer Creek Street. To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES MARCH 21, 2016 -49- CITY OF KITCHENER li PX9191ihIihl11114:9i 109V4h9:[9711:11111! On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor S. Davey as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor S. Davey Seconded by Councillor K. Galloway- Sealock "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 B. loannidis Seconded by Councillor S. Marsh "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. 2016 -026) 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. 2016 -027) 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. 2016 -028) d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2016 -029) e. 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. 2016 -030) f. Being a by -law to name private roads as Apple Hill Lane, Daylily Lane and Goldenrod Lane in the City of Kitchener. (By -law No. 2016 -031) g. Being a by -law to exempt certain lots from Part Lot control — Part of Block 5, Registered Plan 58M -365 — Deer Creek Street. (By -law No. 2016 -032) COUNCIL MINUTES MARCH 21, 2016 - so - CITY OF KITCHENER h. Being a by-law to exempt certain, lots from Part Lot control — Part of Block 5, Registered Plan 58M-365 — Deer Creek Street. To confirm all actions and proceedings of the Council, (By-law No. 2016-033) (By-law No. 2016-034) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:50 p.m, .... ....... MAYOR .... .. . .... C K COUNCIL MINUTES MARCH 21, 2016 -51- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the northbound inner travel lane on Stirling Avenue South at King Street East be designated as a left turn only lane, as outlined in Infrastructure Services Department report INS -16 -019; and, That the northbound curb travel lane on Stirling Avenue South at King Street East be designated as a through and right turn only lane; and further, That the Uniform Traffic By -law be amended accordingly. 2. That the Uniform Traffic Bylaw be amended to permit parking for a maximum period of three (3) consecutive hours on the east side (odd number side) of Betzner Avenue North between King Street East and Duke Street East, as outlined in Infrastructure Services Department report INS -16 -021. 3. That the Uniform Traffic Bylaw be amended to prohibit parking at any time on the south side (odd numbered side) of Kehl Street from a point 159 metres east of Hoffman Street to a point 55 metres east thereof, as outlined in Infrastructure Services Department report INS -16 -022. 4. That the Uniform Traffic Bylaw be amended to prohibit parking at any time on the south side (odd numbered side) of York Street between Wood Street and Gildner Street, as outlined in Infrastructure Services Department report INS -16 -025. 5. That the Uniform Traffic Bylaw be amended to prohibit parking at any time on the south side (even numbered side) of Fallowfield Drive between Block Line Road and Britton Place, as outlined in Infrastructure Services Department report INS -16 -028. 6. That the Uniform Traffic Bylaw be amended to implement taxicab stands on the north side of Joseph Street from a point 63 metres west of David Street to a point 14 metres east thereof, as outlined in Infrastructure Services Department report INS -16 -026. 7. That taxi cab stands be implemented between 11:00 p.m. and 3:00 a.m. Friday to Sunday on the west side of Water Street North from a point 12 metres north of King Street West to a point 25 metres north thereof, as outlined in Infrastructure Services Department report INS -16 -029; and, That taxi cab stands be implemented between 11:00 p.m. and 3:00 a.m. Friday to Sunday on the east side of Water Street North from a point 13 metres north of King Street West to a point 29 metres north thereof; and further, That the Uniform Traffic Bylaw be amended accordingly. 8. That the Ministry of Transportation, Ontario (MTO) and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the widening and replacement of the Victoria Street Bridge and the widening and extension of Shirley Avenue in the City of Kitchener, between the hours of 7:00 p.m. and 7:00 a.m. for the period April 1, 2016 to December 31, 2018, as outlined in Infrastructure Services Department report INS -16 -027. 9. That the 2015 Stormwater Audit Technical Memorandum, as outlined in Infrastructure Services Department report INS -16 -023, be endorsed. 10. That the 2015 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg.170 /03 Schedule 22 of the Safe Drinking Water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water report to the Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg.170 /03, as outlined in Infrastructure Services Department report INS -16 -017. COUNCIL MINUTES MARCH 21, 2016 -52- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 11. That the commissioning of art work by the City's 2015 Artist -in- Residence, Janice Lee be approved; and further, That the Mayor and Clerk be authorized to execute the Artist -in- Residence 2015 Commission Agreement with Janice Lee in a form satisfactory to the City Solicitor, such agreement encompassing the terms, outlined in Chief Administrator's Office report CAO -16 -005. 12. That 2016 Community Grants Tier 2 be approved, as outlined in Appendix `B' of Community Services Department report CSD -16 -014, save and except for the following: a. That the 2016 Community Grant Tier 2 to Inter Arts Matrix be increased from $5,000. (cash) to $7,000. (cash); and b. That the 2016 Community Grant Tier 2 to Summer Lights Festival be increased from $7,000 ($2,000 cash; $5,000 in -kind) to $8,000. ($3,000. cash and $5,000 in- kind); and, c. That the 2016 Community Grant Tier 2 to Altekrea / festival of alternative creation be increased from $2,000 (in -kind) to $4,000. (in- kind), and that staff be directed to work with the festival organizers to look for ways to reduce the City's in kind fees related to the festival; and, d. That the 2016 Community Grant Tier 2 for The AIDS Committee of Cambridge, Kitchener - Waterloo & Area, be increased from $100. (in -kind) to $3,527.43 ($1,100. cash and $2,427.43 in- kind). That the following organizations be approved to move to the Tier 1 grant process effective the 2017 grant year: • 80 KW Spitfire Royal Canadian Air Cadet Squadron; • African Women's Alliance; • Pakistan Canada Association; • Pat the Dog Theatre Creation; • Queen Street Commons Studio at The Working Centre; • Schneider Male Chorus; and, • Steckle Heritage Farm. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) 13. That traffic calming reviews, as outlined in Infrastructure Services Department report INS -16- 020, be initiated in 2016 for the following streets: • David Bergey Drive — between Ottawa Street and Activa Avenue; • Doon Mills Drive — between Tilt Drive and Doon South Drive; and, • Sims Estate Drive — between Fairway Road North and Tremaine Drive; and further, That when traffic data is updated in spring 2016 for David Bergey Drive, if its rating falls below #7 on the traffic calming priority list, than staff shall proceed with a traffic calming review of Kam Street (between Westmount Road West and Belmont Avenue West), in place of David Bergey Drive. 14. That the annual Management Review Summary for 2015 be received for information in accordance with the requirements of the Drinking Water Quality Management Standard (DWQMS) under the Safe Drinking Water Act, 2002, as outlined in Infrastructure Services Department report INS -16 -018. COUNCIL MINUTES MARCH 21, 2016 -53- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That uncollectable Utility Accounts amounting to $41,673. be written off against the Allowance for Doubtful Utility Receivables, as outlined in Finance and Corporate Services Department report FCS -16 -033. 2. That uncollectable Miscellaneous Receivable Accounts amounting to $64,188. be written off against the Allowance for Doubtful Receivables, as outlined in Finance and Corporate Services Department report FCS -16 -034. 3. That the annual Street Vendors By -law with the addition of a renewal application deadline of May 31, 2016 for vendors with currently- assigned locations, be prepared for Council's consideration on March 21, 2016, as outlined in Finance and Corporate Services Department report FCS -16 -023. 4. That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400 Ottawa Street South, from April 28 to May 8 subject to the following: Date of Operation Hours of Operation Music Off At Thursday, April 28 3:30 p.m. 10:00 P.M. 8:00 p.m. Friday, April 29 3:30 p.m. — 11:00 p.m. 10:00 P.M. Saturday, April 30 10 00 a.m 11:00 p.m. 10:00 P.M. Sunday, May 11:00 a.m — 10:00 p.m. 8:00 p.m. Monday, May 2 — Thursday, May 5 3:30 p.m 10:00 p.m. 8:00 p.m. Friday, May 6 3:30 p.m. — 11:00 p.m. 10:00 P.M. Saturday, May 7 10:00 a.m. ....11 — 11:00 p.m. 10:00 P.M. Sunday. Mav 8 00 a.m 8:00 D m...... 8:00 D.m.: and That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400 Ottawa Street South, from August 18 to 21, 2016, subject to the following: Date of Operation Hours of Operation Music Off At 1 Thursday, August 18 3:30 p.m. — 10:00 p.m. 8:00 p.m. Friday, August 19 3:30 p.m. — 11:00 p.m. 10:00 P.M. Saturday, August 20 10:00 a.m. — 11:00 p.m. 10:00 P.M. Sunday, August 21 11:00 a.m. — 10:00 p.m. 8:00 p.m.; and further, That the required licences with approvals from the City of Kitchener Planning and Operations Divisions, and Region of Waterloo Public Health be obtained prior to operating the Midway for April 28 to May 8, 2016 and August 18 to 21, 2016, as outlined in Finance and Corporate Services Department report FCS -16 -029. That for fiscal 2016, donations received by the City of Kitchener on behalf of City - related organizations, namely Minor Sports Groups, Neighbourhood Associations, KW Golf Committee and the KW Chamber of Commerce Physicians Recruitment and Advocacy Group, be redistributed to those organizations as intended by the donor, as outlined in Finance and Corporate Services Department report FCS -16 -031. That an extension of the purchase order issued to Cima+ for Engineering Consultant services related to the rehabilitation of the Pioneer Drive Bridge in the amount of $3,500.00. be approved, as outlined in Infrastructure Services Department report INS -16 -015. That an extension of the purchase order issued to Meritech Services Inc. for Engineering Consultant services related to the reconstruction of Moore Avenue between Emma Avenue and the City of Waterloo in the amount of $1,208.95. be approved, as outlined in Infrastructure Services Department report INS -16 -016. COUNCIL MINUTES MARCH 21, 2016 -54- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 8. That, notwithstanding the requirement for a 200 -metre distance separation from any residential zone, as outlined in Finance and Corporate Services Department report FCS -16 -035, the issuance of a Doggie Daycare Class II licence for `Wag N Train' located at 386 Maple Avenue, Kitchener, be approved, subject to the following conditions: • Comply with revised site plan once it has been approved; • Implementation of both indoor and outdoor permanent noise mitigation measures; • Comply with the City's Sign By -law, including obtaining any permits or variance if required, for all outdoor signage; and, • Ceasing of overnight boarding of dogs in accordance with Municipal Code Chapter 531 (Dog - Kennels - Breeding - Boarding - Doggie Daycare); and further, That staff be directed to approach the business owner to arrange for members of Council to tour the `Wag N Train' in advance of the April 25, 2016 Council meeting. (Carried Unanimously, on a recorded vote) 9. That in -kind funding continue for the area bound by Briargate Drive and Greenock Drive (23 properties) for the following in 2016: a) Application of Entomopathogenic Nematodes in the Spring and Fall of 2016; b) Continue the weekly monitoring of 177 + /- traps within the `red' zone; c) Organize annual spring and fall yard clean -up weekends; and, That funding for 2016 come from the General Capital Contingency account, and that future funding requirements be referred to the 2017 budget process; and further, That staff be directed to: a) Remove 138 +/- monitoring traps in the "outer" `blue' zone; and, b) Continue the monthly monitoring of 145 + /- traps in the "inner" `blue' zone on 49 properties, as outlined in Community Services Department report CSD -16 -010. 10. That a Light Emitting Diode (LED) street light replacement program be undertaken to replace the existing High Pressure Sodium (HPS) street light fixtures, as outlined in Infrastructure Services Department report INS -16 -024; and, That a narrowband adaptive control network be installed; and, That, in accordance with the capital investment philosophy, the capital costs of the project be funded by future operating budget savings; and, That an LED replacement reserve fund be created to fund the future replacement costs of LED streetlights as outlined in Appendix B of Report INS -16 -024; and, That $300,000. from anticipated operating savings be set aside to fund Smart City pilot initiatives in 2017/2018; and, That a Request for Information be prepared and circulated for the investigation of a City -wide broadband communication platform; and further, That if the potential exists, staff be directed to utilize the tech start -up community through a Smart City hack -a -thon to explore opportunities and solutions towards the Smart City pilot initiatives. (Carried, as Amended, on a recorded vote) COUNCIL MINUTES MARCH 21, 2016 -55- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — That a grant to Communitech, of $300,000. from the Economic Development Reserve, to fund interior leasehold improvements to an expanded Communitech space at 151 Charles, be approved; and further, That the remainder of Communitech's request be considered as part of the 2017 budget process, subject to demonstration of other partnerships, progress on implementation, and receipt of audited financial statements, as outlined in Chief Administrator's Office report CAO- 16 -008. (Carried, on a recorded vote) 2, That consideration of the following recommendation, as outlined in Community Services Department report CSD -16 -012, be deferred to the April 11, 2016 special Council meeting to allow time for an examination of the viability of providing access to the proposed development from Highland Road similar to where the historic entrance was located on the west side of the property: "That Zone Change Application ZC15 /010 /W /AP (42 West Acres Crescent; 2297868 Ontario Inc.) for the purpose of changing the zoning from Residential Four Zone (R -4) to Residential Six Zone (R -6) with Special Regulation Provision 676R, and Special Use Provision 455U, and Property Detail Schedule No. 40, on the lands specified on the attached Map No. 1 and Map No. 2, in the form shown in the `Proposed By -law' dated February 8, 2016, attached to Community Services Department report CSD -16 -012 as Appendix A, be approved; and further, That the Urban Design Brief for 42 West Acres Crescent, dated January 2016, attached to Report CSD -16 -012 as Appendix C, be adopted and provide the basis for future site development." (Dealt with under Delegations and Carried, on a recorded vote) COUNCIL MINUTES MARCH 21, 2016 -56- 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. CAO -16 -010 — Descendants Beer & Beverage Company Dealt with under Delegations. 3. FCS -16 -041 — Dangerous Dog Designation Appeal — Ruge Council considered Finance and Corporate Services Department report FCS -16 -041 (D. Livingstone) dated March 1, 2016. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Alex Ruge, wherein the Committee confirms the Dangerous Dog Designation and modifies the conditions for keeping of `Nessa' by the Kitchener - Waterloo and North Waterloo Humane Society, be ratified and confirmed." 4. FCS -16 -050 — 2015 — Statement of Remuneration and Expenses Council received Finance and Corporate Services Department report FCS -16 -050 (D. Chapman) dated March 4, 2016 as information. 5. FCS -16 -052 — SAP Corporate Customer Relationship & Billing Implementation — Purchase Order Extension Council considered Finance and Corporate Services Department report FCS -16 -052 (D. Chapman) dated March 11, 2016. It was resolved: "That the purchase order issued to Capgemini Canada Incorporated for the SAP Corporate Customer Relationship & Billing Implementation project be extended to an upset limit of $472,213 plus HST for consultant services (SAP application management services); and further, That the Director, Supply Services be authorized to execute contracts for SAP application management services as required, provided the associated costs are within the upset limit identified above and said contracts are to the satisfaction of the City Solicitor." COUNCIL MINUTES MARCH 21, 2016 -57- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 6. FCS -16 -056 — Encroachment Agreement Request — Bus Shelters on City Land at Various Locations Council considered Finance and Corporate Services Department report FCS -16 -056 (E. Mogck, dated March 16, 2016. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with The Regional Municipality of Waterloo to authorize the installation of three bus shelters requiring a surface area of 2m x 6m, more or less, over City of Kitchener land at the following locations: Duke Street West and Young Street, Charles Street East and Pandora Avenue South, Courtland Avenue East and Borden Avenue South, said agreement to be to the satisfaction of the City Solicitor." 7. FCS -16 -057 — Encroachment Agreement Request — Rogers Vault Encroachment on City Lands at King Street East and Benton Street Council considered Finance and Corporate Services Department report FCS -16 -056 (E. Mogck, dated March 16, 2016. It was resolved: "That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement with Rogers Communications Inc. for a flush -to- grade vault located on City land at 69 King Street East near the corner of Benton Street and King Street East, said agreement to be to the satisfactory of the City Solicitor." 8. FCS -16 -059 — Appointments to Centre in the Square Board (2016 -2018) Council considered Finance and Corporate Services Department report (FCS -06 -159) C. Tarling), dated March 17, 2016. The following were nominated for the Centre in the Square Board of Directors: Councillors J. Gazzola, B. loannidis, S. Davey, P. Singh and Z. Janecki. The approved voting procedure was then utilized which resulted in Councillors loannidis, Singh and Davey being appointed to the Centre in the Square. Board of Directors. It was resolved: "That effective immediately Jana Gordon, Brock Holt, Emmanuel Patterson, and Elizabeth Sproule be appointed to the Centre in the Square Board for a three -year term ending December 31, 2018; and, That the term for Shawn Mathers on the Centre in the Square Board be extended until December 31, 2016; and further, That the following members of Kitchener City Council Scott Davey, Bil loannidis and Paul Singh be appointed to the Centre in the Square Board for a term ending November 30, 2018. COUNCIL MINUTES MARCH 21, 2016 -58- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 9. Land Transfer - Compensation Council considered the following recommendation arising from in- camera discussion this date. It was resolved: "That as part of the implementation of the approval of the transfer of a portion of the Grand River Hospital lands to the Region which occurred on June 10, 2013, the Mayor and Clerk be authorized to execute any documents necessary to grant, transfer and assign any entitlement of the City to compensation in respect of the expropriation of the said lands to the Grand River Hospital."