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HomeMy WebLinkAboutCouncil - 2016-06-06COUNCIL MINUTES JUNE 6, 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 WT Townshend Public School Kodaly Choir. 2. MINUTES — On motion by Councillor P. Singh, the minutes of the regular meeting held May 16, 2016 and special meetings held May 16 & 30, 2016, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor D. Schnider disclosed a pecuniary interest with respect to the fence variance application (Submission No. FN 2016 -002 - 357 Falling Green Crescent) as outlined in Finance and Corporate Services Department report FCS -16 -093 (D. Saunderson) listed as Item B.2 on the Committee of the Whole agenda of this date, as his niece owns the subject property; accordingly, he did not take part in any discussion or voting regarding that matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. Certificates of Service Mayor B. Vrbanovic and Ms. Janice Ouellette, Facilitator of Volunteer Resources, acknowledged the following as recipients of Certificates of Appreciation and Long Service Recognition Awards to volunteer groups and committees: Minor Sports Groups • TopSpin Table Tennis Club of K -W - 15 years; • Tsuruoka Kai Karate Do K -W - 20 years; • Twin Cities Football - 20 years; • Kitchener Waterloo Rowing Club - 30 years; • KW Water Polo Club - 40 years; and, • Kitchener Minor Girls Softball Association - 50 years. Citizen Committees • Kitchener Youth Action Council (KYAC) - 20 years. Neighbourhood Associations • Doon Pioneer Park Community Association (DPPCA) - 35 years; and, • Mill - Courtland Neighbourhood Association - 30 years. Individual • Ms. Ruth Tomlinson was recognized for over 40 years of volunteer service with the Mill Courtland Neighbourhood Association. 5.b. Healthy Kids Community Challenge Mr. Sanjay Govindaraj, Public Health Planner, Region of Waterloo, gave a presentation to provide an update on the status of the Region's Healthy Kids Community Challenge, which is being facilitated through funding received from the Ministry of Health and Long Term Care to address childhood obesity. He indicated that during Theme 1 (Run, Jump and Play) of the Challenge over 25 initiatives were funded throughout the Region. He noted the focus of Theme 2 is on water promotion, with approximately $300,000 being earmarked to help address childhood obesity by reducing sugar - sweetened beverage intake. COUNCIL MINUTES JUNE 6, 2016 -97- CITY OF KITCHENER 5.c. Compass Kitchener 2015 Report Card Mr. Chris Hyde, Compass Kitchener, presented the 2015 Citizen's Report Card, as outlined in Chief Administrator's Office report CAO -16 -014 (L. Majcher). He advised 40 key indicators with different measures related to the strategic priorities included in the City's 2015 -2018 Strategic Plan were reviewed to develop the Report Card. It was noted this represents an evaluation of the City's progress for the first year of the four year Strategic Plan. Responding to questions regarding the category of `Effective and Efficient City Services', Mr. Hyde indicated that Compass Kitchener could further review the data it collected to see if there were any specific issues which could be addressed. 6. DELEGATIONS — KOI Festival Noise Exemption Messrs. Rob Sonoda, Greg Henderson, Kris Ozolins, Centre in the Square (CITS), were in attendance in support of the noise exemption request for the KOI Festival being held in the parking lot of CITS on June 25, 2016, as listed in Clause 9 of the Community and Infrastructure Services Committee report. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That Clause 9 of the Community and Infrastructure Services Committee report be adopted." Carried. 6.a. Dog Designation Appeal Committee Recommendation - Jayatillake Ms. Donna Cybulskie addressed Council in opposition to the recommendation of the Dog Designation Appeal Committee to rescind the Prohibited Dog Designation and confirm the original Dangerous Dog Designation with modified conditions, as outlined in Finance and Corporate Services Department report FCS -16 -087 (D. Livingstone), listed as Item B.3 on the Committee of the Whole agenda. She expressed concerns with residing in close proximity to a dog that injured her hand, commenting it is unreasonable to expect her to continue to hear the dog barking and see it outside. She requested Council to uphold the Prohibited Dog Designation. Ms. Himali Jayatillake addressed Council on behalf of Mithra and Doreen Jayatillake, who own the subject dog and spoke in support of the Dog Designation Appeal Committee recommendation. She indicated the owners will have a fence constructed around their side yard by no later than June 21, 2016. She confirmed the dog will be taken for walks outside of the neighbourhood and acknowledged the owners' intention to abide by all of the conditions set out in the Designation. Responding to questions, she agreed to confine the dog within the premises in a location where it is less likely for anyone to hear it barking. Moved by Councillor S. Davey Seconded by Councillor Y. Fernandes "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Mithra Jayatillake and Ms. Doreen Jayatillake, wherein the Committee rescinds the Prohibited Dog Designation applied to their dog `Dozer' by the Kitchener - Waterloo and North Waterloo Humane Society and confirms the original Dangerous Dog Designation applied on July 14, 2016 with modified conditions, be ratified and confirmed." A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Gal loway - Sealock, Y. Fernandes, B. loannidis, S. Marsh, P. Singh and J. Gazzola. COUNCIL MINUTES JUNE 6, 2016 _98- CITY OF KITCHENER Contra: Councillors F. Etherington and Z. Janecki. Motion Carried. Community Engagement - Use of 48 Ontario Street North Mr. Dan Graham addressed Council in support of Option 2 (develop criteria for an RFP to lease 48 Ontario Street North primarily as an Arts Hub), as listed in Clause 2 of the Planning and Strategic Initiatives Committee report. He suggested a portion of the subject building should also be leased to a `for - profit' company with the rental revenues being used to cover the costs of the Arts Hub. He added the subject property was the birth place of Blues music in Kitchener and its utilization as an Arts Hub would provide for the preservation of this heritage building. He noted that if the City were to provide the space, perhaps the artists could provide the equipment. Mr. James Howe addressed Council expressing concern with the proposed consultation process and stating that by seeking feedback on two separate issues, the City may not receive a clear response. He suggested the City should first investigate what would be involved in establishing an Arts Hub and then determine if 48 Ontario Street North is a suitable location. He indicated if the subject property is not used as an Arts Hub, the City should designate it under Part IV of the Ontario Heritage Act and then sell the building. He noted primarily he would like to see the building being occupied as that would be the best means to ensure its long -term preservation. Mr. Matt White, Green Lights Arts, addressed Council in support of utilizing 48 Ontario Street North as an Arts Hub. He acknowledged that a financial investment would be needed to improve the building before for it could be used. He suggested it would be in the City's best interest to allow artists and the general public into the space to provide feedback as to whether it could functionally accommodate the needs of the arts community. He encouraged Council to proceed with the proposed community engagement to explore the potential for the space. Concerns were expressed that more details were needed regarding the definition and associated costs of an Arts Hub prior to undertaking community engagement as to whether 48 Ontario Street North should be used for this purpose. Mr. R. Regier, Executive Director — Economic Development, advised that, as part of the public consultation process for 48 Ontario Street North, staff intend to define what constitutes an Arts Hub and identify its functions as part of the first phase of the community engagement process. Moved by Councillor P. Singh Seconded by Councillor B. loannidis "That Clause 2 of the Planning and Strategic Initiatives Committee report, be approved." A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway- Sealock, Y. Fernandes, B. loannidis, S. Marsh, P. Singh, J. Gazzola, F. Etherington and Z. Janecki. Contra: Councillor S. Davey. 6.b. Tenders Motion Carried. 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 -044 (Roof Rehabilitation Queensmount Arena), Mr. M. May, Deputy CAO — Community Services, agreed to re- circulate to Council a copy of the email correspondence outlining the long -term plans for the arena. COUNCIL MINUTES JUNE 6, 2016 -99- CITY OF KITCHENER Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That Tender T16 -044 Roof Rehabilitation Queensmount Arena, be awarded to Atlantic Roofers Ontario Ltd, Hamilton, Ontario, at their tendered price of $120,500., plus an optional fully tapered roof overlay at $11,000., plus H.S.T. of $17,095., for a total of $148,595." PF.Ti eE "That Expression of Interest E16 -016 Consultant Services — South Strasburg Trunk Sanitary Sewer Design, Contract Administration and Inspection (Section C to D), be awarded to Stantec Consulting Ltd., Waterloo, Ontario, at their estimated fee of $94,344.80, including contingencies of $8,576.80 plus H.S.T. of $12,264.82, for a total of $106,609.62, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Expression of Interest E16 -050 Consultant Services — Hill Street (West End to Lancaster Street), Hillview Street (Edwin Street to Lancaster Street) and St. Vincent Street (Guelph Street to Louisa Street) Reconstruction, be awarded to MTE Consultants Inc., Kitchener, Ontario, at their estimated fee of $411,091.82, including contingencies of $37,371.99 plus H.S.T. of $53,441.94, for a total of $464,533.76, based on a satisfactory contract being negotiated and an upset fee being established." 951ii eE "That Tender T16 -058 Two (2) 29,936 kg (66,000 lb.) G.V.W Tandem Rear Axle Conventional Cab and Chassis, be awarded to Team Truck Centres, Kitchener, Ontario, at their tendered price of $233,888., plus H.S.T. of $30,405.44, for a total of $264,293.44." -and - "That Expression of Interest E16 -037 Consultant Services — The AUD Twin Pad Rink Floor Replacement, be awarded to Barry Bryan Associates, Whitby, Ontario, at their estimated fee of $98,137.05, including contingencies of $8,921.55 plus H.S.T. of $12,757.82, for a total of $110,894.87, based on a satisfactory contract being negotiated and an upset fee being established." 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." Councillor Z. Janecki requested that Clause 8 of the Committee report be dealt with separately on a recorded vote. Clause 8 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway - Sealock, Y. Fernandes, B. loannidis, S. Marsh, P. Singh and J. Gazzola. Contra: Councillors Z. Janecki and F. Etherington. Balance of report — Carried. COUNCIL MINUTES JUNE 6, 2016 -100- CITY OF KITCHENER rAII59191khIkh111 a14:111: 1419]: i& ISalki Fill ki [yre1ki UX91910li7:7e'llIAlizi:11:IU[y *? 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 2 of the Committee report related to the Municipal Sponsorship Policy and Asset Inventory be dealt with separately on a recorded vote. A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor B. loannidis, to include revisions to Municipal Sponsorship Asset Inventory with regard to all trails, Huron Natural Area amenities, Community Centers, South District Park amenities, and neighbourhood parks. A motion was brought forward by Councillor D. Schnider, seconded by Councillor Y. Fernandes, to further amend Clause 2 to remove the current Kitchener Memorial Auditorium Complex, in its entirety, from the Municipal Sponsorship Asset Inventory. In response to questions, Mr. J. Willmer, Chief Administrator, clarified the complex includes the Dom Cardillo Arena, the Kinsmen Arena and Kiwanis Arena, the Jack Couch Stadium baseball park, Centennial Stadium (track and field, soccer / football) and a skatepark. Mr. M. May confirmed the proposed amendment would apply with respect to naming rights for the overall complex. Councillor Schnider's amendment was then voted on and was Carried Unanimously on a recorded vote. Councillor Galloway- Sealock's amendment was voted on and was Carried on a recorded vote with Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, P. Singh, B. loannidis, S. Davey, F. Etherington, D. Schnider, S. Marsh, Z. Janecki and Y. Fernandes voting in favour; and, Councillor J. Gazzola voting in opposition. The Committee report was then voted on clause by clause Clause 2, as amended — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway - Sealock, Y. Fernandes, B. loannidis, S. Marsh, P. Singh, Z. Janecki and F. Etherington. Contra: Councillor J. Gazzola Balance of report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor B. loannidis "That the balance of the Planning & Strategic Initiatives Committee report be adopted." Carried. 8. UNFINISHED BUSINESS — NIL COUNCIL MINUTES JUNE 6, 2016 -101- CITY OF KITCHENER 9. NEW BUSINESS — 9.a. Electric Vehicles Councillor B. loannidis had given notice that he would introduce the following motion for consideration this date. Moved by Councillor B. loannidis Seconded by Councillor P. Singh "WHEREAS an increasing number of motorists are planning to opt for electric vehicles, and many communities are committing to a carbon neutral future; and, WHEREAS the province of Quebec is amending their Building Code to incorporate 220V outputs in all new buildings and major renovations to accommodate charging stations; and, WHEREAS the City of Kitchener is committed to reducing greenhouse emissions; THEREFORE BE IT RESOLVED that the City of Kitchener request the Province of Ontario to adopt a similar Building Code Amendment; BE IT FINALLY RESOLVED that a copy of this motion be circulated to the Ontario Premiers Office, the Ontario Opposition Party Leaders, the Ministry of the Environment & Climate Change, the Association of Municipalities Ontario (AMO), local Members of Provincial Parliament and local area municipalities." Carried. PROCEEDINGS BEYOND 11:00 P.M. Moved by Councillor S. Davey Seconded by Councillor Y. Fernandes "That pursuant to Section 25.4.18 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. 9.b. Bill 158 Councillor S. Marsh had given notice that she would introduce the following motion for consideration this date. Moved by Councillor S. Marsh Seconded by Councillor K. Galloway - Sealock "WHEREAS human trafficking is a heinous crime that has been referred to as modern day slavery; and, WHEREAS traffickers recruit, transport, harbor and control children and young adults for sexual exploitation or forced labour; and, WHEREAS it is one of the fastest growing crimes that starts and stays in Canada, targeting victims - 90 percent of which are Canadian -born, averaging the age of 14; and, WHEREAS Ontario is a major hub of human trafficking in Canada, and victims are lured, manipulated and coerced, often over the internet from every part of Ontario; and, COUNCIL MINUTES JUNE 6, 2016 -102- CITY OF KITCHENER WHEREAS on February 17, 2016 the Legislative Assembly of Ontario unanimously supported the second reading of Private Member's Bill 158 put forward by Laurie Scott, MPP (Haliburton Kawartha Lakes Brock) entitled "Saving the Girl Next Door ", which is aimed at taking immediate steps against human trafficking in Ontario; THEREFORE BE IT RESOLVED that the City of Kitchener supports Bill 158, Saving the Girl Next Door Act, 2016, an Act to enact the Human Trafficking Awareness Day Act, 2016 and the Child Sexual Exploitation and Human Trafficking Act, 2016 and to amend Christopher's Law (Sex Offender Registry); BE IT FURTHER RESOLVED that the City of Kitchener endorses the Report of the Select Committee on Sexual Violence and Harassment dated December 10, 2015, which called for the development of a coordinated approach to help victims of human trafficking, allowing providers of support services and the criminal justice system to share information and work collaboratively; and, BE IT FINALLY RESOLVED that a copy of this motion be circulated to Hon. Kathleen Wynne, Premier, Hon. Madeleine Meilleur, Attorney General, Laurie Scott, MPP, Waterloo Regional Police Chief Bryan Larkin, the Association of Municipalities Ontario (AMO), local MPPs and local area municipalities." Carried. 10. QUESTIONS AND ANSWERS — In response to questions, Mr. M. May agreed to meet with Councillor F. Etherington to discuss the issue of jurisdiction regarding recreational drones. 11. BY -LAWS (FIRST READING) — Moved by Councillor S. Davey Seconded by Councillor J. Gazzola "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 provide for the widening of part of Kingsway Drive as a public highway in the City of Kitchener. 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 exempt certain lots from Part Lot Control — Block 1 and Part of Block 2, Registered Plan 58M -585 — 1 Adam Street. g. Being a by -law to provide for the establishing and laying out of part of Strasburg Road as a public highway in the City of Kitchener. h. 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 JUNE 6, 2016 -103- CITY OF KITCHENER tPX9191ihIihl11114:9i 109V4h9:[9711:11111! On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor P. Singh as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor P. Singh Seconded by Councillor F. Etherington "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 S. Davey Seconded by Councillor J. Gazzola "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 -061) 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 -062) 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 -063) d. Being a by -law to provide for the widening of part of Kingsway Drive as a public highway in the City of Kitchener. (By -law No. 2016 -064) 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 -065) f. Being a by -law to exempt certain lots from Part Lot Control — Block 1 and Part of Block 2, Registered Plan 58M -585 — 1 Adam Street. (By -law No. 2016 -066) g. Being a by -law to provide for the establishing and laying out of part of Strasburg Road as a public highway in the City of Kitchener. h. To confirm all actions and proceedings of the Council. (By -law No. 2016 -067) (By -law No. 2016 -068) JUNE 6, 2016 COUNCIL MINUTES -104- CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:59 p.m. .. .. .... . ... 4.-- . . ..... .... .. .... ...... ....... ....... .. ........... AYOR C RK COUNCIL MINUTES JUNE 6, 2016 -105- 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 School of Rock at 78 Francis Street North for ten outdoor performances taking place on June 21, 2016 from 6:30 p.m. to 9:00 p.m., July 15, 22, 29, 2016 and August 19, 2016 from 2:30 p.m. to 4:00 p.m., August 4, 2016 and September 14, 15, 21 and 22, 2016 from 6:30 p.m. to 8:30 p.m., as outlined in Community Services Department report CSD -16 -036. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Lisa Miller for an outdoor wedding at 134 Shantz Lane between the hours of 7:00 p.m. and 11:00 p.m. on August 6, 2016, as outlined in Community Services Department report CSD -16- 027. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Holy Trinity Serbian Orthodox Church at 700 Fischer Hallman Road, for two (2) festivals to be held on July 30 and July 31, 2016, between the hours of 11:00 a.m. and 11:00 p.m. and August 28, 2016, between the hours of 11:00 a.m. and 11:00 p.m., as outlined in Community Services Department report CSD -16 -041. 4. That the Region of Waterloo 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 Strasburg Creek Concrete Box Culvert Construction project, in the City of Kitchener, between the hours of 7:00 p.m. and 7:00 a.m. for the period June 13 to September 30, 2016, as outlined in Infrastructure Services Department report INS -16 -048. 5. That the previously approved noise exemption, through Infrastructure Services Department report INS -14 -098, exempting the Ministry of Transportation, Ontario (MTO) and its contractor(s) from the provisions of Chapter 450 of the Municipal Code Article 6 Construction Work for the widening of Highways 401 and 8 (MTO Contract Number 2014 - 3014), be extended until July 31, 2018, between the hours of 7:00 p.m. and 7:00 a.m. for the period April 1, 2016 to July 31, 2018, outlined in Infrastructure Services Department report INS -16 -049. 6. That the Uniform Traffic By -law be amended to implement a speed limit of 40km /h on Lancaster Street East from Victoria Street North to Krug Street, as outlined in Infrastructure Services Department report INS -16 -050; and further, That staff be directed to work with the residents in the Lancaster Street neighbourhood to increase the level of safety for pedestrians and cyclists on Lancaster Street with the following actions: 1. Confirm the feasibility of the placement of planter boxes on the boulevard on Lancaster Street between Victoria Street and Krug Street, and provide guidance and support as needed for the installation of the planter boxes; 2. Finalize a design and reapply the existing crosswalk at Lancaster Street and Chapel Street, and install it by September 2016; 3. Consider Lancaster Street as a priority roadway for implementation of pedestrian activated crossovers at both Chapel Street and Mansion Street by June 2017; and, 4. Arrange for residents of the Lancaster Street neighbourhood to present at the Cycling and Trails Advisory Committee regarding their recommendations for making it safer for cyclists and vehicles to share the road. That the City of Kitchener Integrated Stormwater Management Master Plan (ISWM -MP) Schedule `B' Municipal Class Environmental Assessment Report prepared by Aquafor Beech Ltd. and dated May 19, 2016 be approved, together with the recommended approaches; and, That staff be directed to file the report for the 30 day public review period as required by the Environmental Assessment Act; and further, COUNCIL MINUTES JUNE 6, 2016 -106- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 7. (Cont'd) That staff be directed to develop an Implementation Plan, with an operations and maintenance strategy, resource requirements, and supporting policies and by -laws, as outlined in Infrastructure Services Department report INS -16 -047. 8. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the CMT- Country Music Fest, to be held at Bingemans Center on July 8 and 9th, 2016, between the hours of 11:00 a.m. and 11:00 p.m., each day, as outlined in Community Services Department report CSD -16 -033; and further, 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; 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; c) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas; d) 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 June 13th, 2016, and e) The maximum decibel level (dba) audible from a residential area shall not exceed 65 dba. (Carried, on a recorded vote) That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for KOI Festival at the Parking Lot, to be held at the Centre in the Square on June 25, 2016, between the hours of 8:00 a.m. and 10:30 p.m., as outlined in Community Services Department report CSD -16 -019; and further, 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. 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; b) The event organizer will be responsible for the cost of a pay -duty Noise Officer, to be assigned specifically to this event; c) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas; and d) The maximum decibel level (dba) audible from a residential area shall not exceed 65 dba. (Dealt with under Delegations and Carried) COUNCIL MINUTES JUNE 6, 2016 -107- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — That the Mayor and Clerk be authorized to execute a five year funding agreement with the Kitchener - Waterloo Woodworking and Craft Centre Inc. and The Corporation of the City of Waterloo, to provide funding for operating a woodworking and craft centre, said agreement to be subject to the satisfaction of the City Solicitor, as outlined in Community Services Department report CSD -16 -032. That the Municipal Sponsorship Policy attached to Community Services Department report CSD -16 -024, be approved; and, That the Municipal Sponsorship Asset Inventory attached to Report CSD -16 -024 be approved for future sponsorship opportunities, save and except for the following additions / changes to the identified priorities: Naming Rights High Priority • Splashpad - South Kitchener District Park; • Playground - South Kitchener District Park; • Sports Courts - South Kitchener District Park; Medium Priority • Rooms & Amenities - Community Centres; • Main Building - Shelter /Picnic Area - Huron Natural Area *; • Entire Complex - Queensmount Arena; • Entire Complex - Grand River Area; • Picnic Shelter - McLennan Park; • Great Lawn - McLennan Park; Low Priority • Entire Park - Huron Natural Area *; • Children's Natural Playscape - Huron Natural Area *; • Community Trails; • Entire Complex - Community Centres; • Neighborhood Parks; Events Medium Priority • Earth Day - Huron Natural Area; and, That the current Kitchener Memorial Auditorium Complex, in its entirety, be removed from the Municipal Sponsorship Asset Inventory; and further, That staff be directed to provide a status report on the Municipal Sponsorship Policy in the spring of 2017, with an opportunity to reassess the list of identified priorities in the Asset Inventory. (Carried, as amended, on a recorded vote) , Ae1 ki lki llki [evil ki U1 X39:7evd Ixr] Los Iki 1111/eVA I1U *K9191k Ikh111aIAan That staff consult on the new Zoning By -law: Component B — First Draft in accordance with the requirements of the Planning Act and as outlined in Community Services Department report CSD -16 -022. COUNCIL MINUTES JUNE 6, 2016 -108- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) That staff be directed to proceed with community and stakeholder engagement on a range of options for a catalyst location for arts and creative industries (i.e., an arts hub) and the potential of 48 Ontario Street North as its home, as discussed in Chief Administrator's Office report CAO -16 -015, including, but not limited to: • Option #1 — development of criteria for a Request for Proposal (RFP) to sell the property "as is" or with minimal improvements, with consideration during public consultation as to whether the proceeds of said sale should be held in reserve for an Arts Hub at an alternative location; and, • Option #2 — development of criteria for an RFP to lease the property primarily as an Arts Hub; and, • Option #3 — development of criteria for an RFP to sell the property with a portion to be reserved or leased back to the City for use primarily as an Arts Hub; and further; That the results of community and stakeholder engagement inform a future report or reports to Council recommending a suitable site for an arts hub and the potential use or sale of 48 Ontario Street North. COUNCIL MINUTES JUNE 6, 2016 -109- 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 -093 — Sign and Fence Variances Attached is Finance and Corporate Services Department report FCS -16 -093 (D. Saunderson), dated May 19, 2016. Councillor D. Schnider requested that the items be voted on separately It was resolved: "That the application of David and Cindy Baker (FN 2016 -002 - 357 Falling Green Crescent) requesting permission to construct a wrought iron fence having a height of 1.8m (5.906') located 0.6m (1.969') from the side lot line abutting Falling Green Crescent, as per the Plan submitted with the application, rather than the required 1.5m (4.921') setback, on Lot 71, Registered Plan 58M -563, 357 Falling Green Crescent, Kitchener, Ontario, BE APPROVED." Pecuniary Interest & Abstention: Councillor D. Schnider as a family member is the applicant. It was resolved: "That the application of 2378007 Ontario Inc. (SG 2016 -003 - 400 Maple Avenue) requesting permission to install a ground - supported non - accessory third party sign advertising tenants located at 386 Maple Avenue; whereas the By -law does not permit non - accessory third party signs, on Part Lot 117, Plan 666, being Parts 1 and 5 on Reference Plan 58R- 13605, 400 Maple Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit from the Planning Division." 3. FCS -16 -087 — Prohibited Dog Designation Appeal — Jayatillake Dealt with under Delegations. 4. FCS -16 -088 — Dangerous Dog Designation Appeal — Pham Attached is Finance and Corporate Services Department report FCS -16 -088 (D. Livingstone), dated May 11, 2016. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ngan Pham, wherein the Committee affirms the Dangerous Dog Designation and modifies the conditions for the keeping of said dog, be ratified and confirmed."