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HomeMy WebLinkAboutCouncil - 2016-08-29Kell] I:N10khIlki Lei I *? AUGUST 29, 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 "0 Canada ". 2. MINUTES — On motion by Councillor S. Marsh, the minutes of the regular meeting held June 27, 2016 and special meetings held June 27 & August 8, 2016, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - Councillor P. Singh disclosed a pecuniary interest with respect to the Region of Waterloo Transit and Waste Management Development Charges, as outlined in Chief Administrators' Office report CAO- 16 -023 (R. Regier) listed as Item 3 on the Committee of the Whole agenda of this date, as his family owns real estate in the downtown core exemption area; accordingly, he did not take part in any discussion or voting related to the impact of Regional Development Charges on Downtown Kitchener. 4. COMMUNICATIONS REFERRED TO FILE — a. Flag Request under Policy 1 -442: • Association des francophones de Kitchener - Waterloo — Franco - Ontarian Day — September 25, 2016 • Arthritis Society —Arthritis Awareness Month —September, 2016 b. Correspondence dated June 22, 2016 from the Hon. Yasir Naqvi, Attorney General, acknowledging Council's resolution supporting Bill 158 — Saving the Girl Next Door Act, 2016. 5. PRESENTATIONS — 5.a. Recognition — Mychel Hendricks Mayor B. Vrbanovic acknowledged the recent actions of Mr. Mychel Hendricks in saving the life of a choking child at a local restaurant. Mr. Alim Nathoo addressed Council in recognition of Mr. Hendricks actions in saving the life of a choking child and encouraged people to support random acts of kindness as well as being kind to one another. 6. DELEGATIONS — Heritage Permit Application — 10 Sims Estate Place Council was in receipt this date of email correspondence from Mr. L. Bensason, Coordinator of Cultural Heritage Planning, dated August 18, 2016, requesting that consideration of Heritage Permit Application HPA- 2016 -IV -006 be deferred to the September 26, 2016 Council meeting. It was indicated the owners of 10 Sims Estate Place will be submitting a revised proposal which will be considered by Heritage Kitchener on September 6, 2016, with any modified recommendation to be forwarded to Council. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Z. Janecki to defer consideration of Clause 1 of the Heritage Kitchener Committee report regarding Heritage Permit Application HPA- 2016 -IV -006 to the September 26, 2016 Council meeting. COUNCIL MINUTES AUGUST 29, 2016 -141- CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor Z. Janecki "That consideration of the following matter be deferred to the September 26, 2016 Council meetinq to allow time for a revised version of Heritage Permit Application HPA- 2016 -IV -006 to be considered at the September 6, 2016 Heritage Kitchener meeting: "That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2016 -IV -006 to permit construction of a new detached double car garage on the property municipally addressed as 10 Sims Estate Place, be refused." Carried. 6.a. Amendments to Municipal Code c.408 (Animals — Regulations) Ms. G. MacNeil, Director By -law Enforcement, provided an overview of the proposed changes to Municipal Code Chapter 408 (Animals — Regulation) related to the feeding of wildlife, listed as Clause 10 on the Community and Infrastructures Services Committee report. She clarified the amendments are not intended to regulate the feeding of feral cats or birds, but deal with the accumulation of seed and feces resulting from excessive feeding. She explained the intent of the amendments is to provide a tool to address extreme instances where feeding of wildlife is having an adverse impact on neighbouring property owners. Ms. Joanne Quirion addressed Council in opposition to the proposed amendments to Municipal Code Chapter 408 expressing concerns the by -law places a blanket ban on the feeding of all wildlife. She suggested a clause could be added to the City of Kitchener Nuisance By -law to provide recourse to deal with extreme situations while still supporting the ability to feed chipmunks or birds on occasion. Mr. Barry Kaufman addressed Council in opposition to the proposed amendments to Municipal Code Chapter 408 stating the reduction of natural space to support wildlife habitat is an issue that should be addressed, rather than a blanket ban on feeding. He expressed concerned as to whether having a garden would be in violation of the by -law as it would be a food source and whether fencing would be required. Ms. Cheryl Boes and Ms. Karen Johannes addressed Council on behalf of Waterloo Region Street Cats, in opposition to the proposed amendment to Municipal Code Chapter 408. Ms. Boes and Ms. Johannes expressed concerns the by -law prevents citizens from helping feral cats. Ms. Johannes referred to a document circulated to Council this date requesting the opportunity to participate in consultation when the City is developing a strategy on the issue of feral cats. Ms. Cheryl Simpson and Mr. Paul Simpson addressed Council on behalf of Feline Friends Network in opposition to amendments to the Municipal Code that may prevent feeding of feral cats. Mr. and Ms. Simpson circulated information referencing the experience in the City of Stratford in dealing with feral cat colonies and indicated they would be able to assist the City of Kitchener should the need arise. Ms. Laurie Chandler addressed Council in opposition to the proposed amendments expressing concerns the by -law prevents the feeding of feral cats. She added that the issue of feeding feral cats and wildlife is interconnected. Ms. Vickie Janetos addressed Council in opposition to the amendments to Municipal Code Chapter 408. She indicated the staff report does not adequately reflect the situation of wildlife in the City and reviewed information from the Ministry of Natural Resources website related to reducing human and wildlife interaction. She explained that a comprehensive amendment to the by -law should include more than banning the feeding of wildlife, and should encourage the following: waste control measures such as securing and sorting garbage; not hand feeding or approaching wildlife; protecting and keeping property in good repair and free from debris and rotting bird seed; vaccinating pets, as well as not excessively feeding wildlife. Ms. Vivian Fuchs gave a presentation in support of the amendments to Municipal Code Chapter 408 stating she is opposed to frequent feeding of wildlife. She explained her neighbourhood has seen an increase in the population of various animals such as rats, mice, coyote, cats, squirrels, skunks, COUNCIL MINUTES AUGUST 29, 2016 -142- CITY OF KITCHENER crows and ducks resulting from a neighbour leaving out large sacks of feed for wildlife. Her presentation demonstrated the impact of excessive feeding with the accumulation of debris and animal waste. She described the damage to homes and yards which costs property owners hundreds of dollars in repair due to issues such as rat infestations. She stated a number of property owners have contacted various agencies for assistance and has received a sympathetic response; however, a by -law is necessary to prevent this kind of situation from occurring as a result of excessive feeding of wildlife. Mr. Greg Michalenko addressed Council in opposition to the amendments to Municipal Code Chapter 408 stating the by -law should be based on animal welfare rather than enforced on the basis of complaints. He suggested delaying consideration of the amendments to the by -law to allow University of Waterloo students to conduct independent research projects to investigate the wildlife situation in the City of Kitchener as a means of informing the changes to the by -law. Ms. MacNeil responded to questions advising the by -law provides a mechanism to prevent the impact to properties resulting from excessive and unreasonable feeding. She explained the experience of Enforcement staff when investigating complaints, noting they have seen knee -deep fecal matter and seed and at this time have had no recourse to assist the affected residents. Councillor S. Davey inquired if wording of the by -law could focus on egregious actions without affecting every person. Ms. J. Sheryer, Assistant City Solicitor, indicated the wording could reflect feeding in a manner that is a nuisance rather than prohibiting any feeding of a wild animal. A motion was brought forward by Councillor S. Marsh, seconded by Councillor S. Davey, to approve Clause 10 of the Community and Infrastructure Services Committee report with an amendment to the by -law for inclusion of additional wording at the end of section 408.6.1 to reference feeding in a manner that creates a nuisance to an owner or occupant of a property; adding the word "excessive" in section 408.6.5 (c); and, "unreasonably" to section 408.6.5 (d). The following motion was voted on clause by clause Moved by Councillor S. Marsh Seconded by Councillor S. Davey "That a By -law be enacted to amend Chapter 408 (Animals - Regulation) of the City of Kitchener's Municipal Code, to add a section to the By -law prohibiting the feeding of wildlife, as outlined in Community Services Department report CSD -16 -048, save and except for the following changes to the by -law: 408.6.1 — add the following to the end of the clause: "in a manner that creates a nuisance to an owner or occupant of any property "; • 408.6.5(c) — add the word "unreasonably" between the words "not" and "attract "; and, • 408.6.5(d) — add the word "excessive" between the words "of' and "spilled "." Amendment to Section 408.6.1 — Carried Unanimously on a recorded vote. Amendment to Section 408.6.5 (c) & (d) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, S. Davey, S. Marsh, K. Galloway - Sealock, P. Singh, B. loannidis, J. Gazzola, Y. Fernandes and F. Etherington. Contra: Councillor Z. Janecki. Balance — Carried Unanimously on a recorded vote. COUNCIL MINUTES AUGUST 29, 2016 -143- CITY OF KITCHENER 6.b. Committee of Adjustment Submission No. FN 2016 -004 — 23 Woodsmere Drive Mayor B. Vrbanovic advised the recommendation as printed contained a typographical error and should read 1.476' rather than 1.476" in reference to the distance of the fence from the lot line abutting Woodsmere Drive, listed as Item B.2.ii. on the Committee of the Whole agenda. Ms. Laurie Chandler addressed Council in support of the recommendation arising from the Committee of Adjustment to legalize a wooden fence having a height of 6' located 1.476' from the lot line abutting Woodsmere Drive at 23 Woodsmere Drive. Councillor Z. Janecki indicated the standardized phrasing of the conditions for approval should be expanded to require the landscape plan to include the location of the landscaping between the fence and lot line abutting Woodsmere Drive with the landscaping to be completed by December 31, 2016 and maintained in accordance with the approved Plan. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the application of Laurie, Robert and Lynn Chandler (FN 2016 -004 — 23 Woodsmere Drive) requesting permission to legalize a wood fence having a height of 1.828m (6') located 0.45m (1.476') from the lot line abutting Woodsmere Drive rather than the required 4.5m (14.763'), on Part Block 2, Registered Plan 58M -295, being Part 1 on Reference Plan 58R- 15333, 23 Woodsmere Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and obtain approval of a Landscape Plan from the City's Director of Planning. The Landscape Plan shall show landscaping to be installed between the fence and the site lot line abutting Forest Creek Drive. All landscaping shall be completed by December 31, 2016 and shall be maintained in accordance with the approved Landscape Plan." Carried. 6.c. Tenders Ms. M. 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 -025 (Supply and Delivery of Aggregates and Pickup and Disposal of Scrap Asphalt, Concrete and Mixed Loads), Ms. C. Fletcher, Interim Executive Director — Infrastructure Services, explained there has been a change in approach to processes related to aggregate recycling, storage and selling which has resulted in the request for approval of the tender for one year. She indicated a review of aggregate management is included in the Business Plan and will provide further details regarding operations and processes. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to defer the award of the pick -up and disposal portion of Tender T16 -025, as outlined in Finance and Corporate Services Department report FCS -16 -124, to allow time for staff to provide further information on the change in approach as well as the associated financial implications. Councillor Gazzola's motion was then voted on and was Carried. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That Tender T16 -025 Supply and Delivery of Aggregates and Pickup and Disposal of Scrap Asphalt, Concrete and Mixed Loads be awarded as follows: Supply and delivery of aggregates, Schedule "A ", be awarded to Summit Aggregates KW Inc., Ayr, Ontario, at their tendered price of $150,330., plus H.S.T. of $19,542.90, for a total of $169,872.90; and, COUNCIL MINUTES AUGUST 29, 2016 -144- CITY OF KITCHENER for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. That consideration of the following aspect of Tender T16 -025, as outlined in Finance and Corporate Services Department report FCS -16 -124, be deferred to allow time for staff to provide further information on the change in approach to the pick -up and disposal of aggregate material as well as the associated financial implications: Pickup and disposal of scrap asphalt, concrete and mixed loads, Schedule "B ", be awarded to Kieswetter Excavating Inc., St. Clements, Ontario, at their tendered price of $278,400., plus H.S.T. of $36,192., for a total of $314,592." -and - "That Tender T16 -066 Road Improvements, Road Surface Construction, Asphalt Community Trail Construction, Sidewalk Infill, Miscellaneous Asphalt and Concrete Work, be awarded to Ekum -Sekum Incorporated o/a Brantco Construction, Cambridge, Ontario, at their tendered price of $1,391,480., including provisional items and contingencies of $177,782., plus H.S.T. of $180,892.40, for a total of $1,572,372.40." err e "That Expression of Interest E16 -056 Consultant Services — Adelaide Street, Talbot Street and Patricia Avenue (North End to Victoria Street South) Reconstruction, be awarded to AECOM Canada Ltd., Kitchener, Ontario, at their estimated fee of $445,432.90, including contingencies of $40,494.90, plus H.S.T. of $57,906.28, for a total of $503,339.18, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Quotation Q16 -047 Gildner Green Playground and Park Rehabilitation be awarded to Greenspace Landscaping & Property Services Inc., Toronto, Ontario, at their corrected and adjusted price of $159,990.36, plus H.S.T. of $20,798.75, for a total of $180,789.11." err e "That Tender T16 -071 Six Wheel Street Sweeper with 3.3 Cubic Metre Variable High Side Dump Debris Hopper, be awarded to FST Canada Inc. O/A Joe Johnson Equipment, Innisfil, Ontario, at their tendered price of $317,910., plus H.S.T. of $41,328.30, for a total of $359,238.30." -and - "That Tender T16 -072 Various Watermain Extensions Contract: Ottawa Street South (Howland Drive to Elmsdale Drive) Walkway (Highland Road West to Newbury Drive), be awarded to 410754 Ontario Limited o/a Sousa Concrete, Branchton, Ontario, at their tendered price of $272,417., including provisional items and contingencies of $16,200., plus H.S.T. of $35,414.21, for a total of $307,831.21." -and - "That Tender T16 -074 Arena Refrigeration: Preventive Maintenance & Repair Services, be awarded to Cimco Refrigeration, London, Ontario, at their tendered price of $3,425.40, plus H.S.T. of $445.30, for a total of $3,870.70 for a twenty (20) month term, with an option to renew for two (2) additional twelve (12) month terms." and "That Tender T16 -085 South Strasburg Trunk Sanitary Sewer Construction Contract — Open Space Block 25 (Section C to D) (Rockcliffe Drive to Newcastle Drive), be awarded to Sierra Infrastructures Inc., Woodstock, Ontario, at their corrected tendered price of $486,586.66, including provisional items and contingencies of $52,300., plus H.S.T. of $63,256.27, for a total of $549,842.93." -and - COUNCIL MINUTES AUGUST 29, 2016 -145- CITY OF KITCHENER "That Expression of Interest E16 -079 Consultant Services - Trans - Canada Trail Courtland Avenue Underpass Improvements (Bedford Road to Hayward Avenue), be awarded to Parsons Corporation, Kitchener, Ontario, at their adjusted estimated fee of $116,380., including contingencies of $10,580., plus H.S.T. of $15,129.40, for a total of $131,509.40, 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 9 of the Committee report be dealt with separately on a recorded vote. Clause 9 — 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, F. Etherington and J. Gazzola. Contra: Councillor Z. Janecki. Balance of report — Carried. r4< 919 1khhh111a1:11:111111: J:11191: 4& ISaIki Fill ki I: yz1ve1ki UX919101i7:7e'llIA&1l:11:1,U[y *1 Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That the report of the Finance and Corporate Services Committee be adopted." 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." Carried. 7. COMMITTEE REPORTS — AUDIT COMMITTEE Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That the report of the Audit Committee be adopted." Carried. E: 11 <l1ki IaIki 16ya:11Dl:J,Wbylki 1 * *011111ki 11I COUNCIL MINUTES AUGUST 29, 2016 -146- CITY OF KITCHENER 9. NEW BUSINESS — 9.a. Pioneer Tower Road Sidewalk Councillor J. Gazzola had given notice that he would introduce the following motion for consideration this date. Moved by Councillor J. Gazzola Seconded by Councillor Y. Fernandes "WHEREAS in June 2015 Council approved a Sidewalk Infill Policy, which sets out a process and establishes a priority ranking system for undertaking sidewalk infill projects to facilitate the creation of a sustainable and accessible transportation network within the City of Kitchener; and, WHEREAS prior to the establishment of the Sidewalk Infill Policy, major road repairs were undertaken to Pioneer Tower Road, and due to several identified challenges (e.g. expropriation and impact on endangered species of tree), the portion of sidewalk in front of 88, 98 and 110 Pioneer Tower Road was not constructed; and, WHEREAS the subject portion of Pioneer Tower Road has since been identified as Priority Two and based on this ranking it is not within the existing 10 -year Capital Forecast; and, WHEREAS the number of families in this neighbourhood has increased, so to have concerns from area residents over pedestrian safety due to the lack of contiguous sidewalks; and, WHEREAS Section 1.1) of the Sidewalk Infill Policy states: "should sidewalks be requested by Council or citizens, staff will review the location individually, regardless of the overall priority ranking of the roadway, and the project may be scheduled into the overall capital program "; THEREFORE BE IT RESOLVED that in accordance with Section 1.1) of the Sidewalk Infill Policy, staff be directed to undertake an assessment and report back by September 26, 2016 with possible options to complete the sidewalk along 88, 98 and 110 Pioneer Tower Road." Carried. 9.b. Shopping Carts Councillor J. Gazzola had given notice that he would introduce a motion for consideration this date requesting staff to investigate and report back on measures to prevent the unlawful removal of shopping carts from the owner's premises. Councillor D. Schnider provided an overview of the information he had gathered while researching the issue of abandoned and stolen shopping carts. He explained the extent business owners had employed to have their carts returned and the financial repercussions associated with a program or plan related to deterring individuals from taking the carts away from store property. He indicated through his research it was determined there are a number of options available to store owners to deal with the issue. Responding to questions regarding the timing for completion of the proposed investigation, Ms. G. MacNeil, Director By -law Enforcement, indicated a report could be brought forward by March 31, 2017. Councillor J. Gazzola agreed to modify the last Clause of his motion to reflect a date of March 31, 2017 for staff to report back. Moved by Councillor J. Gazzola Seconded by Councillor Y. Fernandes "WHEREAS Section 127 of the Municipal Act, 2001, provides that the municipality may prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land and require the owner or occupant of land to clear refuse or debris from the land; and, COUNCIL MINUTES AUGUST 29, 2016 -147- CITY OF KITCHENER WHEREAS pursuant to Section 128 of the Municipal Act, 2001, a municipality has the power to prohibit and regulate matters that, in the opinion of Council, are, could become or cause public nuisances; and, WHEREAS municipalities such as Guelph, Mississauga, Ottawa and Markham, have enacted by -laws outlining that abandoned shopping carts constitute a public nuisance in that they may be a traffic hazard, impede sidewalks and street maintenance, and be a risk to public safety or become unsightly; and, WHEREAS some businesses have already implemented such measures as signage, coin deposits, wheel locks, or hired a third party to retrieve abandoned shopping carts as a means of addressing this issue; THEREFORE BE IT RESOLVED that staff be directed to investigate options to require any business that provides shopping carts to its customers to have a `Shopping Cart Management Plan', which would set out demonstrable measures to prevent the unauthorized removal of shopping carts from the owner's premises and /or the retrieval of abandoned carts; and, BE IT FINALLY RESOLVED that a report on this matter be provided prior to March 31, 2017." Carried. 10. QUESTIONS AND ANSWERS — NIL 11. BY -LAWS (FIRST READING) — Council agreed to the request of Mr. C. Goodeve, Deputy City Clerk, to add an additional by -law for three readings this date to amend Chapter 408 (Animals — Regulation) of the City of Kitchener Municipal Code with respect to prohibiting the feeding of wildlife, listed as Clause 10 of the Community Services Department Committee report. Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway- Sealock "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 exempt certain lots from Part Lot Control — Lot 37, Registered Plan 779 — Sherwood Avenue. e. Being a by -law to provide for the establishing and laying out of part of Templewood Drive as a public highway in the City of Kitchener. f. To confirm all actions and proceedings of the Council. g. Being a by -law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals — Regulation. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES AUGUST 29, 2016 -148- 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. Marsh as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor S. Marsh 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 Y. Fernandes Seconded by Councillor K. Galloway - Sealock "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 -079) 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 -080) 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 -081) d. Being a by -law to exempt certain lots from Part Lot Control — Lot 37, Registered Plan 779 — Sherwood Avenue. (By -law No. 2016 -082) e. Being a by -law to provide for the establishing and laying out of part of Templewood Drive as a public highway in the City of Kitchener. f. To confirm all actions and proceedings of the Council. (By -law No. 2016 -083) (By -law No. 2016 -084) g. Being a by -law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals — Regulation. (By -law No. 2016 -085) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. AUGUST 29, 2016 COUNCIL MINUTES -149- On motion, the meeting adjourned at 10:5,9 p.m. CITY OF KITCHENER L K MAYOR .;�'Z�C T COUNCIL MINUTES AUGUST 29, 2016 -150- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the Mayor and Clerk be authorized to execute the Travelwise Program Services Agreement, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Waterloo and other participating organizations for the provision of transportation demand management services for the year of 2016; and further, That the Director of Transportation be authorized to execute renewals and /or amendments to this Agreement as well as future new Agreements with respect to the Travelwise Program, subject to the satisfaction of the City Solicitor, provided that any associated costs are within the approved departmental budget, as outlined in Infrastructure Services Department report INS - 16 -041. 2. That the Uniform Traffic By -law be amended to prohibit stopping at any time on both sides of Market Lane, as outlined in Infrastructure Services Department report INS -16 -053. 3. That the Uniform Traffic By -law be amended to shift the `No Parking Anytime' from the north (even- numbered side) to the south (odd- numbered side) of Dumfries Avenue between Stirling Avenue North and Krug Street, as outlined in Infrastructure Services Department report INS - 16 -056. 4. That the Uniform Traffic By -law be amended to prohibit parking on the north side of Max Becker Drive from Copper Leaf Street to a point 62 metres west thereof, as outlined in Infrastructure Services Department report INS -16 -057. 5. That the Uniform Traffic By -law be amended to prohibit parking at any time on the east (odd - numbered side) of Periwinkle Street from a point 36 metres south of Sweet William Street, around the corner, to a point 45 metres east thereof, as outlined in Infrastructure Services Department report INS -16 -058. 6. That stopping be prohibited at any time on the north (even- numbered) side of Joseph Street from Victoria Street South to the west limit of Joseph Street; and, That stopping be prohibited at any time on the south (odd- numbered) side of Joseph Street from Victoria Street South to a point 30 metres west thereof; and, That a '15 Minute Loading Zone' be implemented on the south (odd- numbered) side of Joseph Street from a point 30 metres west of Victoria Street South to a point 30 metres west thereof; and, That a `One (1) Hour Parking' area be implemented on the south (odd- numbered) side of Joseph Street from a point 60 metres west of Victoria Street South to a point 57 metres west thereof; and, That parking be prohibited at any time on the south (odd- numbered) side of Joseph Street from a point 117 metres west of Victoria Street South to a point 17 metres west thereof; and, That a `One (1) Hour Parking' area be implemented on the south (odd- numbered) side of Joseph Street from a point 134 metres west of Victoria Street South to a point 86 metres west thereof; and, That parking be prohibited at any time on the south (odd- numbered) side of Joseph Street from a point 220 metres west of Victoria Street South to the west limit of Joseph Street; and further, That the Uniform Traffic By -law be amended accordingly, as outlined in Infrastructure Services Department report INS -16 -059. That the Uniform Traffic By -law be amended to permit parking for three (3) consecutive hours, as per the General Provisions of the Uniform Traffic By -law, on the north side of Westforest Trail from a point 50 metres west of Victoria Street South to a point 100 metres west thereof, as outlined in Infrastructure Services Department report INS -16 -060. COUNCIL MINUTES AUGUST 29, 2016 -151- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 8. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K -W Oktoberfest Inc. for a series of events being held at various clubs between October 7 and October 15, 2016, as outlined in the letter from K -W Oktoberfest Inc., dated March 29, 2016, as attached to Community Services Department report CSD -16 -056. 9. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the organizers of the Frosh Circus event to be held at Bingeman's, on Friday September 9, 2016, between the hours of 2:30 p.m. and 11:00 p.m., as outlined in Community Services Department report CSD -16 -055; and further, That the 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; d) The maximum decibel level (dba) audible from a residential area shall not exceed 65 dba; and, e) If in the opinion of the investigating Officer, the bass is deemed to be excessive, the event organizer agrees to respond accordingly and adjust the level of bass output to a level where it is no longer a nuisance. (Carried, on a recorded vote) 10. That a By -law be enacted to amend Chapter 408 (Animals - Regulation) of the City of Kitchener's Municipal Code, to add a section to the By -law prohibiting the feeding of wildlife, as outlined in Community Services Department report CSD -16 -048, save and except for the following changes to the by -law: 408.6.1 — add the following to the end of the clause: "in a manner that creates a nuisance to an owner or occupant of any property "; 408.6.5(c) — add the word "unreasonably" between the words "not" and "attract "; and, 408.6.5(d) — add the word "excessive" between the words "of' and "spilled ". (Dealt with under Delegations and Carried, as Amended) 11. That the Adult Crossing Guard assisted School Crossings on Frederick Street at East Avenue be relocated to Frederick Street & Lancaster Street; and, That the Adult Crossing Guard assisted School Crossing on Victoria Street South at Oprington Drive be relocated to Ottawa Street South and Wilderness Drive; and, That a School Bus Loading Zone be established on Hoffman Street from a point 21 metres north of Southdale Drive to a point 13 metres north thereof; and further, That the Uniform Traffic By -law be amended accordingly, as outlined in Infrastructure Services Department report INS -16 -062. COUNCIL MINUTES AUGUST 29, 2016 -152- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That the Mayor and Clerk be authorized to execute an amendment to the licensing agreement with 1725194 Ontario Limited (o /a Dallas located at 312 King Street West, Kitchener, ON) to replace Condition 4 of the Agreement with the following: "4. To obtain the services of at least one paid off -duty Police Officer: (a) on Friday nights; (b) on Saturday nights if the threshold of 500 attendees has been reached for three consecutive Saturday nights until such time as the threshold of 500 attendees on a Saturday night has not been met for three consecutive Saturdays; and, (c) at any other time as deemed appropriate by the owner /management of the facility "; and further, That staff be directed to notify the AGCO that the City's licensing agreement with 1725194 Ontario Limited (o /a Dallas located at 312 King Street West, Kitchener, ON) has been amended and that the City has no objection to the AGCO modifying the conditions of the corresponding liquor licence accordingly, as outlined in Finance and Corporate Services Department report FCS -16 -119. 2. That the Mayor and Clerk be authorized to execute an amendment to the Animal and Dog Control and Pound Services Agreement dated January 1, 2014 with the Kitchener - Waterloo and North Waterloo Humane Society providing for a one -time payment of $137,400 be made by the City in August 2016, as additional compensation for animal control, dog licensing, and by -law services in the City of Kitchener, as outlined in Finance and Corporate Services Department report FCS -16 -122. 3. That subject to consideration as part of the 2017 Council budget deliberations, the 2017 Business Licensing fees be increased by 2% over the 2016 rate, save and except those that were previously held pending the completion of the Comprehensive Business Licensing Review. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That staff investigate and report to the Environmental Committee on the benefits and feasibility of Kitchener becoming a Bee City Canada affiliate and how such an affiliation coordinates with any current and planned City Initiatives to support pollination and pollinators in Kitchener, as outlined in Finance and Corporate Services Department report FCS -16 -112; and further, That the Bee City Canada initiative be referred to the 2017 Business Plan process. 2. That the Region of Waterloo's Draft Decision dated May 31, 2016 regarding the further approval of Amendment No. 103 to the City of Kitchener Official Plan to resolve Deferral Nos. 1 -7 and 10 under Section 17 (34) of the Planning Act, attached as Appendix `A' to Report CSD -16 -052 be endorsed; and, That the Region of Waterloo be requested to provide further approval of Amendment No. 103 to the City of Kitchener Official Plan in order to resolve Deferral Nos. 1 -7 and 10; and further, That the City Clerk provide the Region of Waterloo with the Council resolution on the Draft Decision regarding the further approval of Amendment No. 103 to the City of Kitchener Official Plan to resolve Deferral Nos. 1 -7 and 10 under Section 17 (34) of the Planning Act, as outline in Community Services Department report CSD -16 -052. COUNCIL MINUTES AUGUST 29, 2016 -153- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL AUDIT COMMITTEE — That the 2015 Audited Consolidated Financial Statements of the City of Kitchener be approved, as outlined in Finance and Corporate Services Department report FCS -16 -062. HERITAGE KITCHENER — That consideration of the following matter be deferred to the September 26, 2016 Council meeting to allow time for a revised version of Heritage Permit Application HPA- 2016 -IV -006 to be considered at the September 6, 2016 Heritage Kitchener meeting: "That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2016 -IV -006 to permit construction of a new detached double car garage on the property municipally addressed as 10 Sims Estate Place, be refused." (Dealt with under Delegations) COUNCIL MINUTES AUGUST 29, 2016 -154- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by -laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. FCS -16 -127 — Committee of Adjustment Council considered Finance and Corporate Services Department report FCS -16 -127 (D Saunderson), dated August 18, 2016. It was resolved: "That the application of Vladimir and Olga Pajic (FN 2016 -003 — 2 Creek Ridge Street) requesting permission to install a wood fence having a height of 1.82m (6') located 0.62m (2.034') from the lot line abutting Forest Creek Drive rather than the required 1.5m (4.921') setback, on Lot 62, Registered Plan 58M -502, 2 Creek Ridge Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and obtain approval of a Landscape Plan from the City's Director of Planning. The Landscape Plan shall show landscaping to be installed between the fence and the site lot line abutting Forest Creek Drive. All landscaping shall be completed by December 31st, 2016 and shall be maintained in accordance with the approved Landscape Plan." - and - "That the application of Conestoga College Institute of Technology and Advanced Learning (SG 2016 -004 — 299 Doon Valley Drive) requesting permission to install a sign on a radio communication tower having a height of 50m (164.041') rather than the permitted maximum height of 7.5m (24.606'), on Part Lots 9 & 10 Beasley's Old Survey and Part of Biehn's Unnumbered Tract, 299 Doon Valley Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That approval of Sign Application SG 2016 -004 is generally as per the plans submitted with the application. 2. That the owner shall obtain a Sign Permit from the Planning Division. 3. That the owner shall obtain a Sign Permit from the Ministry of Transportation (MTO)." 3. CAO -16 -023 — Region of Waterloo Transit and Waste Management Development Charges Council considered Chief Administrator's Office report CAO -16 -023 (R. Regier), dated August 23, 2016. In accordance with Councillor P. Singh's previously declared pecuniary interest, Council voted on Clause 13 of the recommendation pertaining to the Regional Development Charges rate for industrial related investment separately. COUNCIL MINUTES AUGUST 29, 2016 -155- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 3. CAO -16 -023 — Region of Waterloo Transit and Waste Management Development Charaes (Cont'd) It was resolved: "WHEREAS on June 27, 2014, the Regional Municipality of Waterloo enacted By -law 14 -046 respecting Regional Development Charges effective August 1, 2014, which was synchronized with the City of Kitchener Development Charges By -law to provide for a downtown core exemption and reduced manufacturing rate until 2019; and, WHEREAS the downtown core exemption was deemed necessary to incentivize development in this area while construction was proceeding on the Regional Light Rail Transit (LRT) and continues to be relevant given the challenges this construction has had on the current economic climate of the downtown; and, WHEREAS both the Region of Waterloo and City of Kitchener development charges for industrial development were discounted to encourage investment and employment in this sector; and, WHEREAS on August 9, 2016 the Region of Waterloo released a background study on a proposed Transit and Waste Diversion Development Charges, which outlines concerns with maintaining the existing downtown exemptions and sets out three options for applying the new charges; and, WHEREAS several developments are planned or underway in the downtown based on the established exemption and while in time the LRT is expected to result in premium pricing for station area projects, this has yet to come to fruition; and, WHEREAS changing the process by adding the unexpected fees related to transit and solid waste diversion could affect the financial viability of some of those projects and subsequently hinder growth; and, WHEREAS the proposed Transit and Waste Diversion Development Charges would result in a 17% increase to the rates applied to industrial investment, which would adversely impact the creation of new manufacturing jobs across Waterloo Region; and, WHEREAS Section 1(g) of Regional By -law 14 -046 defines `Core Area' as meaning an area designated as a downtown core area in Schedule D of said By -law, provided that a similar exemption for the downtown core area is applicable in the current development charge by -law of the applicable lower -tier municipality; and, WHEREAS notice was previously given that the downtown exemptions contained in the City of Kitchener's current Development Charges By -law would end as of February 28, 2019; and, WHEREAS the Region of Waterloo will be holding a statutory public meeting regarding the proposed Transit and Waste Diversion Development Charges on September 13, 2016; THEREFORE BE IT RESOLVED that the City of Kitchener encourages the Region of Waterloo to adopt Option 2 - "Differentiated" transit development charge, in which the larger public interest in improved transit is acknowledged and reflected in the development charge framework; BE IT FURTHER RESOLVED that the Region of Waterloo be requested to maintain the current Kitchener downtown exemption until February 28, 2019 as determined under By -law 14 -046; and, COUNCIL MINUTES AUGUST 29, 2016 -156- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 3. CAO -16 -023 — Region of Waterloo Transit and Waste Management Development Charges (Cont'd) BE IT FURTHER RESOLVED that the Region of Waterloo be requested to maintain the current Regional Development Charges rate for industrial related investment; and, BE IT FINALLY RESOLVED that a copy of this motion be circulated to the Region of Waterloo as well as local area municipalities." Clause 13 — Carried. Pecuniary Interest & Abstention: Councillor P. Singh as family members own property in the area subject to the downtown development charges exemptions. Balance of motion - Carried. 4. FCS -16 -140 — Encroachment Agreement —15 -25 Hugo Crescent Council considered Finance and Corporate Services Department report FCS -16 -140 (E. Mogck), dated August 24, 2016. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the owner of the property, Centurion Property Associates Inc., for a storm sewer and headwall structure, complete with rip rap at the storm outlet onto Shoemaker Greenway and Creek, said agreement to be to the satisfaction of the City Solicitor." 5. FCS -16- 130 — Q16 -054 — WiFi Cable Installation - The AUD Complex Council considered Finance and Corporate Services Department report FCS -16 -130 (M. Palmer), dated August 16, 2016. 6. FCS -16 -139 — Summary of Tenders Approved by the Chief Administrative Officer Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by Councillor K. Galloway- Sealock to discuss Item 6, which was voted on and was Carried. Council considered Finance and Corporate Services Department report FCS -16 -139 (M. Palmer), dated August 14, 2016, regarding Tender T16 -024 (Supply and Delivery of Gasoline and Diesel Products). In response to questions, Mr. D. Chapman, DCAO, Finance and Corporate Services, agreed to identify the surplus as a possible transfer to the tax stabilization reserve as part of the 2017 budget process.