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HomeMy WebLinkAboutCouncil - 2016-05-16Kell] I:N10khIIki Lei I *? MAY 16, 2016 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors J. Gazzola and P. Singh. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by the Williamsburg Public School Grade 6 Choir with leaders Kristie Stanzel and Anita Redwood. f=,hllk1l1h1l*M On motion by Councillor F. Etherington, the minutes of the regular meeting held April 25, 2016 and special meetings held April 25 and May 2 & 9, 2016, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL Kole] khIkh111ki 1I:Nevi 1150ki y:]:11a:11:1N:11 BIN ri11a111:11112 a. Flag Request under Policy 1 -442: • Tri -Pride Community Association — Tri -Pride Festival —May 29 —June 7, 2016 5. PRESENTATIONS — 5.a. Kitchener - Wilmot Hydro 2015 Annual Report Messrs. J. Van Ooteghem, President and CEO, and Mr. J. Phillips, Chair, Kitchener - Wilmot Hydro, were in attendance to present the 2015 annual report of Kitchener - Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation. Mr. Jackson presented the 2015 dividend cheque in the amount of $4,067,948. to Mr. D. Chapman, Deputy CAO - Finance & Corporate Services and City Treasurer, as well as a cheque of $70,000 for Reforestation representing a one -time increase of $25,000 over KWHI's standard commitment towards assisting with replenishing trees removed as a result of maintenance of its hydro lines. 6.a. Ever After Music Fest Council was in receipt of a memorandum from Ms. G. MacNeil, Interim Director of By -law Enforcement, dated May 16, 2016, containing a revised recommendation intended to replace the portion of Clause 6 of the Community and Infrastructure Services Committee report pertaining to the noise exemption request for the Ever After Music Festival being held at Bingemans on June 3 -5, 2016. Mr. Rob Mattacchione, Beyond Oz Productions, addressed Council on behalf of Mr. Tony Hyland, who had registered as a delegation for this matter. Mr. Mattacchione spoke in support of the revised recommendation proposed by Ms. MacNeil regarding the Ever After Music Fest. He expressed a desire to have a long -term relationship with the City of Kitchener in the hopes of organizing other events in this area. Responding to questions, he acknowledged that, if in the future the end time on Friday and Saturday nights could be extended, an earlier end time on Sunday night could be accommodated. On motion by Councillor K. Galloway- Sealock, seconded by Councillor D. Schnider, Clause 6 of the Community and Infrastructure Services Committee report was brought forward for consideration with the revisions contained in the memorandum from Ms. MacNeil, save and except for paragraph "e)" as it has been identified that no music would be played at the Midway. Additionally, the portion of Clause 6 pertaining to the Midway was amended to remove the reference to when the music needed to be turned off. COUNCIL MINUTES MAY 16, 2016 _811- CITY OF KITCHENER Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That Clause 6 of the Community and Infrastructure Services Committee report be adopted, as amended." A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Gal loway - Sealock, Y. Fernandes, F. Etherington and S. Marsh. Contra: Councillors B. loannidis and Z. Janecki. Absent: Councillor P. Singh and J. Gazzola. Motion Carried. 6.b. Tenders Ms. Michelle Palmer, 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 Tender T16 -042 (Tree Replacement Planting), Ms. C. Fletcher, Interim Executive Director — Infrastructure Services, agreed to follow up as to whether correspondence is sent to homeowners asking if they are willing to water the proposed replacement tree. In response to questions regarding Expression of Interest E16 -039 [Consultant Services - Alice Avenue (Karn St. to Victoria Street South) and Kam Street (Westmount Rd. W. to Lawrence Avenue) Reconstruction], Mr. J. Readman, Interim Executive Director — Infrastructure Services, agreed to provide information as to whether traffic calming measures would be included as part of the proposed reconstruction. Responding to further questions, Ms. Fletcher agreed to provide details on the costs related to outfitting the vehicles being purchased through Tender T16 -049 [Six (6) 4,082 kg (9,000 lb.) G.V.W. High Roof Cargo Vans]. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That Tender T16 -042 Tree Replacement Planting, be awarded to Mar - John's Nursery Ltd., Waterloo, Ontario, at their tendered price of $130,735., plus H.S.T. of $16,995.55, for a total of $147,730.55." -and - "That Expression of Interest E16 -039 Consultant Services — Alice Avenue (Kam St. to Victoria St. S.) and Kam Street (Westmount Rd. W. to Lawrence Ave.) Reconstruction, be awarded to IBI Group, Waterloo, Ontario, at their estimated fee of $343,316.60, including contingencies of $31,210.60 plus H.S.T. of $44,631.16, for a total of $387,947.76, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T16 -049 Six (6) 4,082 kg (9,000 lb.) G.V.W. High Roof Cargo Vans, be awarded to Parkway Ford Sales 1996 Ltd., Waterloo, Ontario, at their tendered price of $174,522., plus H.S.T. of $22,687.86, for a total of $197,209.86." -and - COUNCIL MINUTES MAY 16, 2016 -82- CITY OF KITCHENER "That Tender T16 -021 Open Cut Trenching, Directional Boring & Related Services, be awarded to G & B Cable Contracting Inc., Kitchener, Ontario, at their tendered price of $1,069,240., plus H.S.T. of $139,001.20, for a total of $1,208,241.20, 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 balance of 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." A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, to defer consideration of Clause 4 of the Committee report to the June 6, 2016 Council meeting to allow time to determine whether the proposed use of 44 Gaukel Street to create a shared tech start -up and arts and culture space would be in competition with services provided by other arts groups in the area. Councillor Fernandes' deferral motion was voted on and was LOST. The Committee report was then voted on clause by clause. Clause 4 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Gal loway - Sealock, B. loannidis, F. Etherington and S. Marsh. Contra: Councillors Z. Janecki and Y. Fernandes. Absent: Councillor P. Singh and J. Gazzola. Balance of report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That the report of the Planning & Strategic Initiatives Committee be adopted." Councillor Z. Janecki requested that Clause 2 of the Committee report be considered separately on a recorded vote. Clause 2 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway- COUNCIL MINUTES MAY 16, 2016 -83- CITY OF KITCHENER Sealock, Y. Fernandes, F. Etherington and S. Marsh. Contra: Councillors Z. Janecki, B. loannidis and S. Davey. Absent: Councillor P. Singh and J. Gazzola. Balance of report — Carried. El-All ki IaIki 16y:1:11Dj_- 11bylki l * *m Councillor Y. Fernandes advised the Municipal Summit on proposed reforms to the Ontario Municipal Board (OMB) was held in Markham on May 14, 2016. She indicated that approximately 80 municipalities were represented at the summit and she hoped to table a report regarding outcomes / actions at a future meeting. ANkiI47M_- 1lbylki l * &m Councillor S. Marsh agreed to bring forward the motion that Mayor B. Vrbanovic had given notice that he would introduce this date to donate $5,000 in support of disaster relief efforts being undertaken by the Canadian Red Cross in Fort McMurray, Alberta. A motion was brought forward by Councillor B. loannidis, seconded by Councillor Z. Janecki, to increase the donation from $5,000 to $10,000. Councillor loannidis' amendment was voted on and was Carried. Moved by Councillor S. Marsh Seconded by Councillor K. Galloway- Sealock "WHEREAS approximately 80,000 residents were displaced in Fort McMurray, Alberta as a result of the wildfire which covered 229,000 hectares; and, WHEREAS the fire destroyed over 2,400 homes and has been identified as the largest "insurance event" in Canadian history, estimated at up to $9 billion; and, WHEREAS the Federal Government has identified that they will match individual donations made to the Canadian Red Cross to assist with their efforts in Fort McMurray; THEREFORE BE IT RESOLVED that $10,000 be donated to the Canadian Red Cross in support of disaster relief for the thousands of people affected by the wildfire in Fort McMurray." Carried. 10. QUESTIONS AND ANSWERS — NIL 11. BY -LAWS (FIRST READING) — Moved by Councillor Z. Janecki 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. COUNCIL MINUTES MAY 16, 2016 -84- CITY OF KITCHENER 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 exempt certain lots from Part Lot Control — Blocks 3 and 4, Registered Plan 58M -372 — River Ridge Court. f. Being a by -law to assume certain lands within the City of Kitchener as a public highway. g. Being a by -law to exempt certain lots from Part Lot Control — Part Block20, Registered Plan 58M -370 — Watervale Drive. h. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. 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. On motion, 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, 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 B. loannidis Seconded by Councillor D. Schnider "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 -050) 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 -051) 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 -052) COUNCIL MINUTES MAY 16, 2016 _85- CITY OF KITCHENER d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2016 -053) e. Being a by -law to exempt certain lots from Part Lot Control — Blocks 3 and 4, Registered Plan 58M -372 — River Ridge Court. (By -law No. 2016 -054) f. Being a by -law to assume certain lands within the City of Kitchener as a public highway. (By -law No. 2016 -055) g. Being a by -law to exempt certain tots from Part Lot Control — Part Block20, Registered Plan 58M -370 — Watervale Drive. (By -law No. 2016 -056) h. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. i. To confirm all actions and proceedings of the Council. (By -law No. 2016 -057) (By-law No. 2016 -058) j. Being a by -law to amend Chapter 820 of the City of Kitchener Municipal Code with respect to Construction Vehicles. (By -law No. 2016 -059) be taken as read a third time, be finally passed and numbered serially by the Clerk," Carried. On motion, the meeting adjourned at 9:58 p.m. ............ /E( MAYOR RK 617 COUNCIL MINUTES MAY 16, 2016 -86- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Canadian Cancer Society, Waterloo Region Unit, for their Relay For Life Event at Resurrection High School between the hours of 7 a.m. on June 10, and 12 p.m. on June 11, 2016, as outlined in Community Services Department report CSD -16 -021. 2. That the Uniform Traffic By -law be amended to prohibit stopping anytime on both sides of Askin Place from Bradley Drive to a point 15 metres west thereof; and further, That stopping be prohibited from 8:00 a.m. to 9:30 a.m. and 2:30 p.m. to 4:30 p.m. Monday to Friday from September 1 to June 30 on the north side (odd- numbered side) of Askin Place from 15 metres west of Bradley Drive to a point 95 metres west thereof, as outlined in Infrastructure Services Department report INS -16 -043. That the 2015 Region of Waterloo Annual Water Quality Reports (Greenbrook Water Supply System, K34 Water Supply System, Mannheim Water Treatment Plant and Pumping Station, Parkway Water Supply System, Strange St. Water Supply System and the Woolners (K80's) Well Supply System) be received for information as required by O. Reg 170/03 Schedule 22 of the Safe Drinking Water Act; and further, That the 2015 City of Waterloo Drinking Water Summary Report be received for information as required by O. Reg 170/03 Schedule 22 of the Safe Drinking Water Act, as outlined in Infrastructure Services Department report INS -16 -040. That the Chicopee Ski Club Snow School and Racing Program be approved as an affiliated minor sport group with the City of Kitchener, as per the City's Minor Sport Affiliation policy; and further, That the Chicopee Ski Club Snow School and Racing Program be added as an insured group to the City of Kitchener's Minor Sports third party liability insurance program, as outlined in Community Services Department report CSD -16 -025. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Downtown Special Events as outlined in Schedule A', attached to Community Services Department report CSD -16 -018. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Ever After Music Fest, to be held at Bingemans Center on June 3, 4 and 5th, 2016, between the hours of 11 AM and 11:00 PM, each day; and, That this exemption is subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from this music festival, audible in any adjacent residential neighbourhood; and, b) The event organizers will ensure that there is an on -site contact person accessible to correspond with City staff at all times during the event; and, c) The event organizers agree to work with Bylaw staff and monitor complaints as they are received. Bylaw Officers will contact the event organizers if the impact of the noise is deemed excessive within adjacent residential zones and they will respond accordingly to requests from City staff, which will include turning down the volume if required; and, d) The event organizers and City staff will review any complaints that are received over Friday and Saturday and use those as an indicator for the Sunday; and, COUNCIL MINUTES MAY 16, 2016 -87- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) (Cont'd) e) The event organizer will be responsible for the cost of a paid -duty Noise Officer, to be assigned specifically to this event which shall be paid in full prior to the Council date of May 16, 2016; and further, f) The maximum decibel level (dba) audible from a residential zone shall not exceed 65db. Dealt with under Delegations and Carried, as amended, on a recorded vote. -and - That Ever After Music Festival be granted permission to operate a Midway at 425 Bingemans Centre Drive from June 3 to June 5, 2016 subject to the following: Date of Operation Hours of Operation Friday, June 3 6:00 p.m. — 11:00 p.m. Saturday, June 4 _.. _ 11:00 a.m. — 11:00 p.m. .................. ....... Sunday, June 5 11:00 a.m. — 11:00 p.m., and further, That the required licence with approvals from the City of Kitchener Planning Division and Region of Waterloo Public Health be obtained prior to operating the Midway for June 3 to June 5, 2016, as outlined in Finance and Corporate Services Department report FCS -16 -060. Carried, as Amended. That City of Kitchener endorse the Regional Sport Tourism Office's ongoing investigation of a regional bid for the 2021 Canada Summer Games and submission of a Letter of Intent to bid, as outlined in Community Services Department report CSD -16 -023. FINANCE AND CORPORATE SERVICES COMMITTEE — That the purchase order to the City's Vendor of Record for network hardware (Softchoice LP) be extended by $175,000 plus HST to provide Wi -Fi hardware components to enable provisioning of public Wi -Fi services at the Kitchener Memorial Auditorium as part of the Canada 150 grant program; and further, That staff be authorized to further extend the purchase order to the City's vendor of Record for network hardware (Softchoice LP) to a maximum of $150,000 plus HST to procure wireless network hardware for the remaining Canada 150 sites to be outfitted in the Canada 150 Public Wi -Fi Expansion project, as outlined in Finance and Corporate Services Department report FCS -16 -069. That permission be granted to extend the sale of fireworks at all licensed Fireworks Vendor locations in the City of Kitchener to July 2, 2016, as outlined in Finance and Corporate Services Department report FCS -16 -070. That the Light Rail Transit (LRT) Construction capital budget be increased by $2,299,958 ($1,416,014 City, $883,944 Region); and further, That funding of $1,416,014 for the City's share of costs be transferred from the Replacement Gas Mains capital account to the LRT Construction capital account, as outlined in Infrastructure Services Department report INS -16 -044. That the Mayor and Clerk be authorized to execute an agreement for the City of Kitchener to lease the 2nd floor of 44 Gaukel Street to the Accelerator Centre and ArtsBuild Ontario, to create a shared tech startup and arts and culture space, with the terms of the lease COUNCIL MINUTES MAY 16, 2016 _88- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 4. (Cont'd) satisfactory to the City Solicitor, as outlined in Chief Administrator's Office report CAO -16 -016; and further, That staff be directed to undertake a communication plan to make the community aware that this space is a short -term solution to add some art space immediately while the City looks at longer -term solutions. Carried on a recorded vote. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That the PARTS Central Plan, attached as Appendix C to Community Serviced Department report CSD -16 -015, be approved; and, That staff prepare the appropriate Official Plan Amendment, i.e. new Secondary Plan, the corresponding Zoning By -law amendment and related urban design guidelines, which will include additional public engagement and consultation with stakeholders and members of the development community, to implement the PARTS Central Plan; and, That staff pursue the creation of a new public urban space, in the Innovation District or surrounding area, within the next 10 years; and, That staff pursue the preparation of a detailed Streetscape Master Plan and cost estimate for Breithaupt St (from King /Moore to Weber St) with the updated urban design guidelines for the PARTS Central Plan area, report back to Council for consideration of the project and that the prioritization of any resultant public works be considered within a subsequent Capital Budget Forecast; and, That the other streetscape, public realm and transportation network opportunities identified in the PARTS Central Plan be prioritized for consideration in a future work plans and Budget Forecast processes; and further, That staff consider submissions from the PARTS Central Plan regarding downtown density, FSR and bonusing in the CRoZBY consultation process on the Urban Growth Centre (Downtown) zones and bonus regulations. 2. That the City of Kitchener supports and advances the following recommendation for consideration by the Right Honourable Justin Trudeau and the Honourable Kathleen Wynne, Premier of Ontario: `Whereas there is evidence that combustion of petroleum products such as gas and diesel in vehicle engines contributes to greenhouse gas emissions that affect natural systems in ways that are injurious to human health and the environment; and, Whereas point -of -sale warning labels have been required for other consumables, such as tobacco products, which has effectively curbed use of harmful products; and, Therefore be it resolved that all vendors of retail petroleum products in Canada be legislated to provide warning labels on all pump handles (pump talkers) and /or pump panels, and that those companies who do not have this feature on their pump handle be obligated to fit them with the plastic sleeves which will allow warning labels to be displayed'. Carried on a recorded vote. COUNCIL MINUTES MAY 16, 2016 _89- 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 -16 -078 — Sign and Fence Variances Council considered Finance and Corporate Services Department report FCS -16 -078 (D. Saunderson), dated April 29, 2016. It was resolved: "That the application of Heidi and Ralph Labusch (FN 2016 -001 — 35 Bishop Court) requesting permission to legalize an existing wood fence located in the rear yard of a single detached dwelling on the southerly and south - easterly lot lines abutting Ottawa Street North, having a height of 3.048m (10') rather than the permitted maximum height of 2.4m (7.874'), as per the plans submitted with the application, on Lot 39, Plan 1202, 35 Bishop Court, Kitchener, Ontario, BE APPROVED." - and - "That the application of 707 Ottawa Street South Inc. (SG 2016 -002 — 707 Ottawa Street South) requesting permission to remove an existing ground - supported sign and re- install a ground - supported sign having a height of 7.887m (25.875') rather than the permitted maximum height of 7.5m (24.606'); to permit the ground - supported sign to have an area of 23.18 sq.m. (249.507 sq.ft) rather than the permitted maximum area of 20 sq.m. (215.278 sq.ft.); and, to locate the new ground - supported sign 31m (101.706') from another ground - supported sign rather than the required 50m (164.041') separation distance, on Part Lots 5 & 6, Plan 1022, Part Block L, Plan 1246, being Parts 1 to 3 on Reference Plan 58R -2192, 707 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit for the new ground - supported sign from the Planning Division, which shall include: structural engineered drawings; ensuring that the sign is setback 3.5 m (11.48 ft.) from the property line; and if required, updating or providing Landscape Plans for the sign. 2. That the owner shall obtain a permit from the Ministry of Transportation. 3. That the owner shall fulfil Conditions 1 and 2, as noted above, no later than August 1, 2016. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to fulfil these conditions will result in this approval becoming null and void. 4. That the owner shall ensure any incidental signs on the property that exceed the maximum height restriction of 0.9 metres (2.95 ft.) shall be brought into compliance with the Sign By -law or shall be removed. 5. That the owner shall install landscaping as shown in the approved Landscaping Plan as outlined in Sign Permit #16403, for the previously installed ground - supported signs; or, the Landscaping Plan /Installation may be updated to the satisfaction of the Urban Designer. COUNCIL MINUTES MAY 16, 2016 _90- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 2. FCS -16 -078 — Sign and Fence Variances (Cont'd) 6. That the owner shall ensure Conditions 4 and 5, as noted above, are completed in a timely manner. Failure to comply by August 1, 2016, will result in these items being forwarded to the City's Enforcement division." 3. FCS -16 -086 — Amendments to Chapter 820 of the Municipal Code (Construction Vehicles) Council considered Finance and Corporate Services Department report FCS -16 -086 (J. Sheryer), dated May 2, 2016. It was resolved: "That a by -law be enacted to amend Chapter 820 (Construction Vehicles) of The City of Kitchener Municipal Code to ensure that owners and occupants of property, and owners and drivers of vehicles are responsible for ensuring that soil or other landscaping material is not spilled or tracked onto highways in the City, and to allow the City to clean up such materials at the expense of the owner of the property from which the material is tracked; and, That the by -law be taken as having received first and second reading and referred for third reading this date; and further, That the Council approved fees for Street Sweeping (Infrastructure Services, Operations) be applied effective immediately, for road clean -ups when soil or other landscaping material is spilled or tracked onto highways in the City, as outlined in Finance and Corporate Services Department report FCS -16- 086." 4. CAO -16 -017 — 11 Young Street Council considered Chief Administrator's Office report CAO -16 -017 (R. Regier), dated May 10, 2016 recommending the implementation of Option 3 to use 11 Young Street (former Mayfair Hotel site) as temporary public space at a projected cost of $70,000. Mr. Ken Lippert and Ms. Helen Lippert addressed Council in opposition to the City expending approximately $70,000 to utilize the former Mayfair Hotel site, in the absence of any apparent contributions from the property owner. Mr. Lippert indicated that when the Mayfair Hotel was demolished in 2015 the property owner had agreed to pursue sodding or seeding on the site. In response to questions, Mr. C. Bluhm advised the City's Parks and Horticulture staff have indicated it would be difficult to grow grass on the site, especially if it was going to be used by the public. He confirmed that no redevelopment is anticipated to occur on 11 Young Street within the next two years and in the meantime, the property could serve as a venue to host special event programing. A motion was brought forward by Councillor B. loannidis to defer consideration of this matter to a Council meeting on June 6, 2016 to allow time for public input, investigation of alternative options and provide additional information on the proposed options, such as a breakdown of costs. It was resolved: "That consideration of the following recommendation contained in Chief Administrator's Office report CAO -16 -017, be deferred to a Council meeting scheduled for June 6, 2016 to allow time for public input, investigation of alternative options and provide additional information on the proposed options, such as a breakdown of costs: COUNCIL MINUTES MAY 16, 2016 _911- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 4. CAO -16 -017 —11 Young Street (Cont'd) `That the Mayor and Clerk be authorized to enter into an agreement for the use of 11 Young Street as a temporary City operated public space, with said agreement to be to the satisfaction of the City Solicitor; and further, That the City implement a temporary public space on 11 Young Street, as per Option 3 of Report CAO -16- 017. "' A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, B. loannidis, F. Etherington and S. Marsh. Contra: Councillors K. Galloway - Sealock, S. Davey, Y. Fernandes and Z. Janecki. Absent: Councillor P. Singh and J. Gazzola. Motion Carried. A motion was brought forward by Councillor K. Galloway - Sealock proposing an additional option for consideration as well as direction to staff to investigate whether the property owner would be willing to cover some of the costs related to improving the appearance of 11 Young Street. It was resolved: "That as an additional option for consideration to improve the appearance of 11 Young Street, staff be directed to investigate the development of a public art solution to be installed along the existing fencing at a minimal cost; and further, That staff be directed to engage the property owner to assist with covering any costs related to the various options due to previous commitments around landscaping the site." Carried.