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HomeMy WebLinkAboutCouncil - 2017-08-28COUNCIL MINUTES AUGUST 28, 2017 Id11WK910 A11 to] :1AkiIAV 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 Z. Janecki, the minutes of the regular meeting held June 26, 2017 and special meetings held June 26, August 11 & 21, 2017, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATIONS REFERRED TO FILE — a. Flag Request under Policy MUN-FAC-442: • Conseil Scolaire Viamonde — Franco-Ontarian Day —September 25, 2017 5. PRESENTATIONS — 5.a. Mayor B. Vrbanovic - Announcement regarding the CAO position. Mayor B. Vrbanovic acknowledged retiring Chief Administrative Officer, Mr. J. Willmer. On behalf of the City of Kitchener, he paid tribute to Mr. Willmer's 26 years of services to the organization and the City. He also announced that Mr. D. Chapman, Deputy CAO — Finance and Corporate Services Department, has been selected for appointment as the new Chief Administrative Officer effective September 1, 2017. Moved By: Councillor Y. Fernandes Seconded By: Councillor Z. Janecki "That in accordance with Section 27.7.14 of the City's Procedural By -Law, Council agreed to dispense with the requirements to provide notice to bring forward two By -Laws to ratify the selection of the new Chief Administrative Officer." Carried Unanimously. Moved By: Councillor K. Galloway -Sea lock Seconded By: Councillor S. Davey "That leave be given to the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first and second time: a) Being a by-law to amend Chapter 115 of the City of Kitchener Municipal code with respect to Corporate Leadership Team. b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. Carried Unanimously. 5.b. E.A. Danby Certificate of Merit Dylan McMahon, AMCTO Board of Directors (Zone 2), presented the E.A. Danby Certificate of Merit awarded by the Association of Municipal Managers, Clerks & Treasurers of Ontario (AMCTO) to the City of Kitchener for its Digital Kitchener strategy. 6. DELEGATIONS — 6.a. Cost Apportioning under the Line Fences Act Ms. Amanda Reed addressed Council requesting a By -Law be enacted prescribing a dispute resolution procedure and cost apportioning under the Line Fences Act. Ms. Reed presented Council COUNCIL MINUTES AUGUST 28, 2017 -132- CITY OF KITCHENER with a sample By -Law from the City of Mississauga which outlines a dispute resolution process for abutting land owners. Ms. L. MacDonald, City Solicitor, advised Council that pursuant to Section 11 of the Municipal Act, 2001, there is no legal obligations for the City to pass a By -Law apportioning costs under the Line Fences Act. A motion was brought forward by Councillor S. Marsh, seconded by Councillor Y. Fernandes, directing staff to refer a review of the City's fence legislation to the 2018 business planning process for further consideration. Moved By: Councillor S. Marsh Seconded By: Councillor Y. Fernandes "That staff refer a review of the City's fence legislation to the 2018 business planning process" Carried. 6.b. Signage at the Breithaupt Community Centre Ms. Brittany Zigmond of Giesbrecht, Griffin, Funk & Irvine LLP addressed Council with concerns relating to electronic signage at the Breithaupt Community Centre. Ms. Zigmond noted, contrary to the conditions of the Committee of Adjustment decision SG 2016-007, there have been several instances where the electronic sign has been left on after 12:00 a.m., causing disturbances to neighboring residents. A motion to reconsider the Committee of Adjustment decision was brought forward by Councillor Y. Fernandes; however, the motion was not seconded and therefore did not proceed. 6.c. Lighting of Breithaupt Park Ball Diamond Ms. Angela Larraguibel addressed Council in opposition to the recommendation as outlined in Infrastructure Services Department report INS -17-061 for the installation of lights at the baseball diamonds in Breithaupt Park. She expressed concerns with the under -utilization of the baseball diamonds, and noted additional data collection is necessary before a decision is made. She noted a desire for the surrounding residents and Kitchener Minor Baseball Association (KMBA) to work collaboratively on a creative solution to address everyone's needs. Mr. Shawn Carlisle addressed Council in opposition to the installation of lights at the baseball diamonds in Breithaupt Park. He spoke to concerns pertaining to the late notification of residents regarding the August 21, 2017, Community and Infrastructure Services Committee meeting. He further noted the negative health impacts of second hand noise such as sleep, cardiovascular and mental health disturbances. Ms. Jean McFarlane addressed Council in opposition to the installation of lights at the baseball diamonds. She advised Council that a petition circulated in the neighbourhood has received 63 signatures against the installation of the lights. She further recommended the By -Law Enforcement Division develop consistent parameters for noise assessment, which would remove the subjective nature of enforcing the current noise By -Law. Mr. Fred Regent addressed Council in opposition to the installation of lights at the baseball diamonds. He noted light pollution and excessive noise may have a negative affect on property values within the vicinity of the lit baseball diamonds. Ms. Deborah Strauss addressed Council in opposition to the installation of lights at the baseball diamonds. She expressed concerns with the data collected by the City and requested that additional studies be considered before a decision is made. Mr. Ron Mooibroek, President, KMBA, gave a presentation in support of the installation of the lights at Breithaupt Park. He stated that registration continues to grow, noting the lights will facilitate an opportunity to accept more players and provide additional practice times. He indicated KMBA will continue to review ways to enforce their Association's Code of Conduct to address inappropriate behaviours of both players and fans. COUNCIL MINUTES AUGUST 28, 2017 -133- CITY OF KITCHENER Mr. Bill Pegg, President, Kitchener Panthers, and President, Kitchener Sports Association (KSA), addressed the Committee in support of the recommendation outlined in Report INS -17-061. He highlighted the importance of involving youth in organized sports as a means to foster better citizenship. Mr. Bob McKillop addressed Council in support of the installation of lights at the baseball diamonds. He explained minor baseball helps build "good corporate citizens," noting the KMBA is working diligently to address negative behaviour. Ms. G. MacNeil, Director of By -Law Enforcement explained there are no defined standards for measuring acceptable baseball game decibel levels. She noted in -game noise is regulated by the City's noise By -Law, and each situation is at the discretion of the responding By -Law Enforcement Officer. She explained no previous decibel reading conducted by By -Law Enforcement was found to be higher than the City's standards of an acceptable level of noise. Ms. K. Kugler, Director of Sports and Cemeteries, informed Council during peak season (May -July), there is a high demand for City -owned baseball diamonds. She indicated the City has requested user groups to place a hold on any expansions of their programs until additional scheduling time can be made available. She noted the proposed lights would assist the City in meeting the current demands of various user groups. Moved By: Councillor B. loannidis Seconded By: Councillor K. Galloway-Sealock "That Clause 13 of the Community and Infrastructure Services Committee report dated August 21, 2017 be adopted." A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillors J. Gazzola, S. Marsh and Z. Janecki. Carried on a recorded vote. 6.e. 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 this date. Ms. Palmer advised she would email Council an update on the Emerald Ash Borer removal program. Moved by Councillor K. Galloway-Sealock Seconded by Councillor Y. Fernandes "That Tender T17-050 Hydrovac Excavation Services be awarded to Badger Daylighting Ltd, Calgary, Alberta, at their tendered price of $455,400., plus H.S.T. of $59,202., for a total of $514,602., for a one (1) year term, with an option to renew for four (4) additional twelve (12) month terms." -and- "That Expression of Interest E17-102 Consultant Services Cap and Trade be awarded to Clear Blue Markets, Toronto, Ontario, at their fee of $46,800., plus H.S.T. of $6,084., for a total of $52,884., based on a satisfactory contract being negotiated and an upset fee being established, for a one (1) year term, with an option to renew for two (2) additional, twelve (12) month periods." -and- COUNCIL MINUTES AUGUST 28, 2017 -134- CITY OF KITCHENER "That Tender T17-094 Tree Stumping and Turf Restoration — Area 1, be awarded to Pinnacle Tree & Shrub Care, Kitchener, Ontario, at their tendered price of $167,300., plus H.S.T. of $21,749., for a total of $189,049., for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms, and; That Tender T17-094 Tree Stumping and Turf Restoration — Area 2, be awarded to Ontario Line Clearing & Tree Experts Inc., Cobourg, Ontario, at their tendered price of $172,584., plus H.S.T. of $22,435.92., for a total of $195,019.92., for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." erre "That Tender T17-116 Palo Alto Firewall, be awarded to Teramach Technologies Inc., Ottawa, Ontario, at their tendered price of $332,074.90, plus H.S.T. of $43,169.74, for a total of $375,244.64, for a five (5) year term. -and- That Expression of Interest E17-066 Consulting Services for Permit, Tender Preparation and Construction Administration SWMF 21, be awarded to Aquafor Beech Limited, Guelph, Ontario, at their estimated fee of $99,430., including contingencies of $10,000., plus H.S.T. of $12,925.90, for a total of $112,355.90, based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Tender T17-098 Sediment Removal and Disposal from SWM Block 61, be awarded to Ground Force Environmental Inc., Kitchener, Ontario, at their corrected tendered price of $238,358.36, including provisional items and contingencies of $89,521.36, plus H.S.T. of $30,986.59, for a total of $269,344.95 for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. -and- That Tender T17-115 Cured in Place Sanitary Sewer Lining, be awarded to Insituform Technologies Limited, Hamilton, Ontario, at their corrected tendered price of $287,763.90, including provisional items and contingencies of $36,293.60, plus H.S.T. of $37,409.31, for a total of $325,173.21, for a one (1) year term, with an option to renew for three (3) additional twelve (12) month terms." erre "That Tender T17-106 Grenville Avenue (West End to Courtland Avenue) Watermain Replacement Contract, be awarded to G. Melo Excavating Limited, Cambridge, Ontario, at their tendered price of $422,594., including provisional items and contingencies of $44,800., plus H.S.T. of $54,937.22, for a total of $477,531.22." erre "That Tender T17-113 Landscape Site Works (Playground Construction), be awarded to Greenspace Landscaping & Property Services Inc., Toronto, Ontario, at their tendered price of $169,554.90, plus H.S.T. of $22,042.14, for a total of $191,597.04." -and- "That Proposal P17-114 Playground Design, Supply and Installation - Resurrection Park Playground be awarded to New World Park Solutions Inc., Brantford, Ontario, at their proposed price of $59,201.88, plus HST of $7,696.24 for a total of $66,898.12; and, That Proposal P17-114 Playground Design, Supply and Installation - Upper Canada Neighbourhood Park Playground be awarded to Openspace Solutions Inc., Wellesley, Ontario, at their proposed price of $58,206.70, plus HST of $7,566.87 for a total of $65,773.57; and, COUNCIL MINUTES AUGUST 28, 2017 -135- CITY OF KITCHENER That Proposal P17-114 Playground Design, Supply and Installation - Traynor Park Playground be awarded to Henderson Recreation Equipment Limited, Simcoe, Ontario, at their proposed price of $44,993.37, plus HST of $5,849.14 for a total of $50,842.51." Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES In accordance with Section 25.4.18 of the City's Procedural By -Law, a one hour extension of the meeting was approved by unanimous vote. Moved by Councillor B. loannidis Seconded by Councillor S. Marsh "That the report of the Community and Infrastructure Services Committee be adopted." Councillor Z. Janecki brought forward a motion, seconded by Councillor Y. Fernandes, to amend the recommendation for Clause 1 of the Community and Infrastructure Services Committee report regarding an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code for a music event being held in Belmont Village to limit the music level to no louder than 60 decibels between 10:00 a.m. to 7:00 p.m.; and 50 decibels between 7:00 p.m. to 10:00 p.m. Councillor J. Gazzola requested that Clause 14 of the Community and Infrastructure Services Committee report be voted on separately. Clause 1 (Z. Janecki Amendment) — Lost, on a recorded vote In Favour: Councillors Z. Janecki and J. Gazzola. Contra: Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh. Clause 14 — Carried, on a recorded vote In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider, Y. Fernandes, K. Gal loway-Sea lock, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillors J. Gazzola and Z. Janecki. Balance of Report — Carried. r4<9191khhh111a1:11:111111:1191:4&ISaIki Fill ki[yre1kiIDmel:11i1:7evdIA&I:11:1►U[y*1 Moved by Councillor S. Davey Seconded by Councillor D. Schnider "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 K. Galloway-Sealock "That the report of the Planning & Strategic Initiatives Committee be adopted." COUNCIL MINUTES AUGUST 28, 2017 -136- CITY OF KITCHENER Councillor Y. Fernandes requested to have paragraphs 1 and 2 of Clause 1 of the Committee report voted on together and paragraph 3 voted on separately. Clause 1 (Paragraphs 1 and 2) — Carried, on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillors J. Gazzola, Z. Janecki and Y. Fernandes. Clause 1 (Paragraph 3) — Carried Unanimously, on a recorded vote. Carried. 7. COMMITTEE REPORTS — AUDIT COMMITTEE Moved by Councillor S. Davey Seconded by Councillor F. Etherington "That the report of the Audit Committee be adopted." Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor P. Singh "That the report of the Heritage Kitchener be adopted." Carried. El -All ki I a I ki I P1101 1:11D11:11,&IIki1**011111kiIII 9. NEW BUSINESS — 9.a 2018 Community Grant Approvals (Tier 1 and 2) Councillor B. loannidis gave notice that he would introduce a motion for consideration this date to delegate authority to the CAO, Deputy CAO — Community Services, and the Executive Director of the Office of the CAO to consider appeals for the 2018 Community Grant (Tier 1 and 2) program. Moved by Councillor B. loannidis Seconded by Councillor P. Singh "WHEREAS City Council has approved a Community Grants policy, review process and assessment framework that is used to evaluate grant applications received by the City; and, WHEREAS the City's standard process of allowing grant applications to appeal decisions made on their submissions to City Council has the potential (real or perceived) to politicize grant applications; THEREFORE BE IT RESOLVED that no Community Grant (Tier 1 and Tier 2) appeals will be heard by City Council in 2018 and that for 2018, any appeals be delegated for consideration by the CAO, Deputy CAO - Community Services, and the Executive Director, Office of the CAO, as an appeals mechanism; COUNCIL MINUTES AUGUST 28, 2017 -137- CITY OF KITCHENER AND FURTHER THAT staff report back in late 2018 on the effectiveness of this delegation for possible permanent consideration." A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis and P. Singh. Contra: Councillors J. Gazzola, Z. Janecki, Y. Fernandes and F. Etherington Carried on a recorded vote. 10. QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add two additional by-laws for three readings this date relating to the City of Kitchener Municipal Code respecting Chapter 115 - Corporate Leadership Team and Chapter 101 -Appointment of Staff. Moved by Councillor K. Galloway-Sealock Seconded by Councillor P. Singh "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. (Amends By-law 88-171 to add or delete areas of jurisdiction) 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. (Amends By-law 2008-117 to add or delete areas of jurisdiction) C. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (Amends By-law 2010-190 to add or delete areas of jurisdiction) d. Being a by-law to exempt certain lots from Part Lot Control — Blocks 12, 13 and 14, Registered Plan 58M-504 — Forest Creek Court. (Exempts lands to allow the creation of 9 lots to accommodate single detached dwellings) e. Being a by-law to exempt certain lots from Part Lot Control — Block 1, Registered Plan 58M-504 and Block 1, Registered Plan 58M-505 — Forest Creek Drive. (Exempts lands to allow the creation of 8 lots from two blocks for single detached dwelling purposes) f. Being a by-law to exempt certain lots from Part Lot Control — Block 2 and Part of Block 3, Registered Plan 58M-505 — Forest Creek Drive. (Exempts lands to allow the creation of 12 lots to accommodate single detached dwellings) g. Being a by-law to exempt certain lots from Part Lot Control — Blocks 4, 5, 6 and Part of Block 3, Registered Plan 58M-505 and Block 37, Registered Plan 58M-504 — Forest Creek Drive. (Exempts lands to allow the creation of 16 lots to accommodate single detached dwellings.) h. Being a by-law exempt certain lots from Part Lot Control - Blocks 2, 3, 4, 29, 44 and 45, Registered Plan 58M-504 and Blocks 7 and 8, Registered Plan 58M-505 — Hollybrook Trail and Forest Creek Drive. (Exempts lands to allow the creation of 40 residential lots to accommodate 40 single detached dwellings.) COUNCIL MINUTES AUGUST 28, 2017 -138- CITY OF KITCHENER Being a by-law to exempt certain lots from Part Lot Control — Blocks 10, 11, 15, 16, 17 and 18, Registered Plan 58M-504 — Hollybrook Trail and Pondcliffe Court. (Exempts lands to allow the creation of 26 residential lots and two (2) utility easements to accommodate 26 single detached dwellings) Being a by-law to exempt certain lots from Part Lot Control — Blocks 7, 8, 25 and 26, Registered Plan 58M-504 — Pondcliffe Drive and Hollybrook Trail. (Exempts lands to allow the creation of 33 lots and two (2) utility easements to accommodate single detached dwellings) k. Being a by-law to exempt certain lots from Part Lot Control — Blocks 19 and 20, Registered Plan 58M-504 — Pondcliffe Court. (Exempts lands to allow the creation of 12 residential lots to accommodate 12 single detached dwellings) I. Being a by-law to exempt certain lots from Part Lot Control — Blocks 24, 27 and 28, Registered Plan 58M-504 — Pondcliffe Drive. (Exempts lands to allow the creation of 44 lots to accommodate single detached dwellings) M. Being a by-law to exempt certain lots from Part Lot Control — Block 21 and Part of Blocks 22 and 23, Registered Plan 58M-504 — Pondcliffe Drive and Doon Creek Street. (Exempts lands to allow the creation of 24 residential lots to accommodate 24 single detached dwellings) n. Being a by-law to exempt certain lots from Part Lot Control — Blocks 1, 4, 5 and 6, Registered Plan 58M-424 — Shirley Avenue and Hesh Crescent. (Exempts lands to allow the re-creation of 28 industrial lots. This is a re-application of expired PLC Exemption By- law 2008-068) o. Being a by-law to provide for the establishing and laying out of part of Redtail Court, Falconridge Drive and Redtail Street as public highway in the city of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision 30T-98205 and 30T- 04210) p. Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (Amends chapter for removal of fees into new chapter) q. Being a by-law to regulate the Adult Entertainment Parlour Fees r. 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. 12. COMMITTEE OF THE WHOLE - On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor Z. Janecki as Chair. 13. REPORT OF THE COMMITTEE OF THE WHOLE - On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. COUNCIL MINUTES AUGUST 28, 2017 -139- CITY OF KITCHENER Moved by Councillor Z. Janecki 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 K. Galloway-Sealock Seconded by Councillor P. Singh "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. 2017-075) 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. 2017-076) 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. 2017-077) d. Being a by-law to exempt certain lots from Part Lot Control — Blocks 12, 13 and 14, Registered Plan 58M-504 — Forest Creek Court. (By-law No. 2017-078) e. Being a by-law to exempt certain lots from Part Lot Control — Block 1, Registered Plan 58M-504 and Block 1, Registered Plan 58M-505 — Forest Creek Drive. (By-law No. 2017-079) f. Being a by-law to exempt certain lots from Part Lot Control — Block 2 and Part of Block 3, Registered Plan 58M-505 — Forest Creek Drive. (By-law No. 2017-080) g. Being a by-law to exempt certain lots from Part Lot Control — Blocks 4, 5, 6 and Part of Block 3, Registered Plan 58M-505 and Block 37, Registered Plan 58M-504 — Forest Creek Drive. (By-law No. 2017-081) h. Being a by-law exempt certain lots from Part Lot Control - Blocks 2, 3, 4, 29, 44 and 45, Registered Plan 58M-504 and Blocks 7 and 8, Registered Plan 58M-505 — Hollybrook Trail and Forest Creek Drive. (By-law No. 2017-082) Being a by-law to exempt certain lots from Part Lot Control — Blocks 10, 11, 15, 16, 17 and 18, Registered Plan 58M-504 — Hollybrook Trail and Pondcliffe Court. (By-law No. 2017-083) AUGUST 28, 2017 COUNCIL MINUTES -140- CITY OF KITCHENER j. Being a by-law to exempt certain lots from Part Lot Control — Blocks 7, 8, 25 and 26, Registered Plan 58M-504 — Pondcliffe Drive and Hollybrook Trail, (By-law No, 2017-084) k. Being a by-law to exempt certain lots from Part Lot Control — Blocks 19 and 20, Registered Plan 68M-504 — Pondcliffe Court. (By-law No. 2017-085) I. Being a by-law to exempt certain lots from Part Lot Control — Blocks 24, 27 and 28, Registered Plan 58M-504 — Pondcliffe Drive. (By-law No, 2017-086) M, Being a by-law to exempt certain lots from Part Lot Control — Block 21 and Part of Blocks 22 and 23, Registered Plan 58M-504 — Pondcliffe Drive and Doan Creek Street, (By-law No. 2017-087) n. Being a by-law to exempt certain lots from Part Lot Control — Blocks 1, 4, 5 and 6, Registered Plan 58M-424 — Shirley Avenue and Flesh Crescent. (By-law No. 2017-088) 0. Being a by-law to provide for the establishing and laying out of part of Redtail Court, Fal!conridge Drive and Redtail Street as public highway in the city of Kitchener. (By-law No. 2017-089) P Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2017-090) q, Being a by-law to regulate the Adult Entertainment Parlour Fees (By-law No. 2017-091) r. To confirm all actions and proceedings of the Council, (By-law No, 2017-092) S. Being a by-law to amend Chapter 115 of The City of Kitchener Municipal Code with respect to Corporate Leadership Team. (By-law No. 2017-093) t. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2017-094) be taken as read a third time, be finally passed and numbered serially by the Clerk," Carried. On motion, the meeting adjourned at 12:00 a.m. MAYOR CLERK COUNCIL MINUTES AUGUST 28, 2017 -141- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — August 21, 2017 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Tim Moher for a free music event being held in Belmont Village on September 16, 2017, between the hours of 10:00 a.m. and 10:00 p.m., as outlined in Community Services Department report CSD -17-064. 2. That an exemption to Chapter 450 (Noise) and 270 (Parks) of the City of Kitchener Municipal Code be granted to the Mt. Hope Neighbourhood Association for their Camping Event being held at Breithaupt Park on September 9th and 10th, 2017, between the hours of 3:00 p.m. and 12:00 p.m., as outlined in Community Services Department report CSD -17-065. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Downtown Special Events for an additional Night Shift Event in Goudies Lane being held on September 14, 2017, between the hours of 6:00 p.m. and 10:00 p.m., as outlined in Community Services Department report CSD -17-071. 4. That Zone Change Application ZC17/008/W/CL (19 Wellington Street North) for the purpose of removing Holding Provision 6H from the lands specified on the attached Map No.1, be approved in the form shown in the "Proposed By-law" dated July 19, 2017, attached to Community Services Department report CSD -17-068 as Appendix A. 5. That KW Habilitation be exempt from paying the building permit fees of $23,063.39 for their affordable housing development at 108 Sydney Street South, as per Council Policy FIN -GRA - 2007 (Development Application Fees & Building Permit Fees for Affordable Rental Housing), as outlined in Community Services Department report CSD -17-072. 6. That the Uniform Traffic By-law be amended to prohibit parking at any time on the outside curve (odd -numbered side) of Vista Crescent from Lakeside Drive to Lakeside Drive, as outlined in Infrastructure Services Department report INS -17-052. 7. That the Uniform Traffic By-law be amended to permit parking at any time for three (3) consecutive hours on the south (odd -numbered) side of Huber Street from Kinzie Avenue to Jansen Avenue, as outlined in Infrastructure Services Department report INS -17-053. 8. That the Uniform Traffic By-law be amended to prohibit parking at any time on the south (odd - numbered) side of Howland Drive from Ottawa Street South to Cartier Drive, as outlined in Infrastructure Services Department report INS -17-054. 9. That the Uniform Traffic By-law be amended to prohibit parking at any time on the west (even - numbered) side of Mansion Street between Edna Street to a point approximately 49 metres south thereof, as outlined in Infrastructure Services Department report INS -17-058. 10. That the Uniform Traffic By-law be amended to install an all -way control stop at the intersection of Pebblecreek Drive and Zeller Drive, as outlined in Infrastructure Services Department report INS -17-056. 11. That a 40 km/h School Zone Speed Limit on: Thomas Slee Drive from Blair Creek Drive to Mistywood Street; and, Blair Creek Drive from Thomas Slee Drive to Mistywood Street, and, That stopping be prohibited anytime on the south side (odd -numbered) of Thomas Slee Drive from Mistywood Street to a point 365m west thereof; and, That stopping be prohibited from 8:00 a.m. - 9:30 a.m. and 2:30 p.m. - 4:00 p.m. from Monday to Friday between September 1 and June 30, 2017, on the north side (even -numbered) of Thomas Slee Drive from Mistywood Street to a point 365m west thereof; and, COUNCIL MINUTES AUGUST 28, 2017 -142- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — August 21, 2017 - (Cont'd) That a School Bus Loading Zone be established on the south side (odd -numbered) of Thomas Slee Drive 112m west of Mistywood Street to a point 86m west thereof; and further, That the Uniform Traffic By-law be amended accordingly, as outlined in Infrastructure Services Department report INS -17-065. 12. That the Director of Transportation Services be authorized to execute an agreement satisfactory to the City Solicitor, with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province to operate, repair, maintain and use the illumination within the highway on the Guelph Street Underpass; and further, That the Director of Transportation Services be authorized to execute future agreements with respect to operation, repair, maintenance, and use of illumination on highways, as outlined in Infrastructure Services Department report INS -17-060. 13. That consideration of the following motion be referred to the August 28, 2017 Council meeting, to allow an opportunity to receive additional feedback from the community regarding the proposed lights at Breithaupt Park: "That lights be installed at two ball diamonds in Breithaupt Park to address the immediate need for ball diamond inventory, and to begin to close the gap between demand and availability of diamond inventory as part of a longer-term, city-wide ball diamond inventory management strategy; and further, That the improvements to on-site parking facilities at Breithaupt Park including pedestrian access to all parking facilities, be referred to the 2017-2026 Capital Budget process for consideration, as outlined in Infrastructure Services Department report INS - 17 -061." (Dealt with under Delegations and Carried on a recorded vote) 14. That consideration of the following motion be referred to the August 28, 2017 Council meeting, to allow staff an opportunity to provide additional information on the collisions, traffic volumes and speeds, as well as possible education/implementation strategies with regards to the proposed 40 km/h speed limits on roadways that are designated primarily with sharrows: "That the Uniform Traffic By-law be amended to establish 40 km/h speed limits on roadways that are designated primarily with sharrows (shared -use) for a minimum of 75 meters at the following locations: Cedar Street North from Weber Street East to King Street East; Courtland Avenue South from David Street to Queen Street South., Duke Street East from Frederick Street to Cedar Street North; East Avenue from Stirling Avenue North to Borden Avenue North. Heritage Drive from Ottawa Street North to Ottawa Street North; Joseph Street from Victoria Street South to Queen Street South; King Street East from Madison Avenue to Queen Street North; King Street West from Queen Street North to Francis Street South; Nyberg Street from Sydney Street South to Borden Avenue South; Park Street from Victoria Street South to Jubilee Drive; Queen Street South from Courtland Avenue to King Street; Queen Street North from King Street to Lancaster Street East; Water Street from Jubilee Drive to Joseph Street; Zeller Drive from Lackner Boulevard to Wild Meadow Street; and further, That 40 km/h speed limits be established on any new roadways designated primarily with sharrow bicycle markings (shared -use) for a minimum of 75 meters." COUNCIL MINUTES AUGUST 28, 2017 -143- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — August 21, 2017 - (Cont'd) 15. That an Adult Crossing Guard assisted School Crossing be established for the east and south leg crosswalk locations of the signalized intersection for Fairway Road North at Lackner Boulevard; and, That an Adult Crossing Guard assisted School Crossing be established at the proposed pedestrian crossover for Lackner Boulevard at Corfield Drive; and, That funding for the two new crossing guard locations identified in Infrastructure Services Department report INS -17-064 be referred to the 2018 budget process; and, That stopping be prohibited anytime on the east and west side of Corfield Drive from Lackner Boulevard to a point 35m south thereof; and, That a School Bus Loading Zone be established on the west side (even -numbered) of Burlington Drive from a point 17m north of Rosemount Drive to a point 80m north thereof; and, That a School Bus Loading Zone be established on the west side of Confederation Drive (even -numbered) from a point 30m south of Halifax Drive to a point 40m south thereof; and further, That the Uniform Traffic By-law be amended accordingly, as outlined in Report INS -17-064. 16. That a pedestrian refuge island be installed on Rittenhouse Road approximately 40 metres east of Brookfield Crescent at the trail crossing; and, That a raised crosswalk be installed at the trail crossing approximately 50 metres south of Rosebank Crescent; and, That parking be prohibited at any time in the immediate area of the pedestrian refuge island and the raised crosswalk; and further, That the Uniform Traffic By-law be amended accordingly, as outlined in Infrastructure Services Department report INS -17-059. FINANCE AND CORPORATE SERVICES COMMITTEE —August 21, 2017 1. That the Director of Facilities Management be authorized to execute an agreement satisfactory to the City Solicitor with the Waterloo Catholic District School Board and the Young Women's Christian Association of Kitchener -Waterloo to provide temporary refuge space at City Hall in the event of an emergency evacuation, as outlined in Infrastructure Services Department report INS -17-057; and, That the Director of Facilities Management be authorized to extend or terminate such agreements in accordance with provisions set out in the agreement; and further, That Council delegate authority to the Director of Facilities Management to execute future or renewal agreements with respect to temporary evacuation shelter at any appropriate city facility, subject to the satisfaction of the City solicitor. 2. That the Mayor and Clerk be authorized to sign a two year fee for services agreement with the Regional Municipality of Waterloo for the City of Kitchener's Waterloo Region Small Business Centre to provide training and advisory services for Ontario Works Self -Employment Placement participants to start a business, as outlined in Chief Administrator's Office report CAO -17-023; and further, That the Mayor and Clerk be authorized to execute said agreement to the satisfaction of the City Solicitor. COUNCIL MINUTES AUGUST 28, 2017 -144- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — August 21, 2017 - (Cont'd) That Council adopt the by-law attached as Appendix B and to amend Chapter 502 (Adult Entertainment Parlours) of The City of Kitchener Municipal Code, as outlined in Finance & Corporate Services Department report FCS -17-121; and further; That Council adopt the by-law attached as Appendix C to report FCS -17-121 to provide for fees for adult entertainment parlours as Chapter 503 of The City of Kitchener Municipal Code. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — August 21, 2017 1. That the Queen Street Placemaking Plan be endorsed and added to the City's Urban Design Manual; and, That any unfunded operating and capital costs in support of the Queen Street Placemaking Plan be referred to the 2018 budget process; and further, That the Mayor and Clerk be authorized to execute a new agreement and any future amendments, prepared to the satisfaction of the City Solicitor, with the owner of 15 Duke Street to continue to provide the City a license to occupy, maintain, and allow public access to Vogelsang Green and Cenotaph Green, as outlined in Community Services Department report CSD -17-070. AUDIT COMMITTEE —June 26, 2017 That the 2016 Audited Consolidated Financial Statements of the City of Kitchener be approved. HERITAGE KITCHENER— August 1, 2017 That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2017-V-021 be approved, as outlined in Community Services Department report CSD -17-067, to permit the construction of an addition to the garage on the property municipally addressed as 4 Park Street, in accordance with the plans and supplementary information submitted with the application and subject to the following conditions: 1. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit; and further, 2. That changes to the addition consistent with the original location and design as outlined in HPA-2017-V-021 be permitted subject to the submission of revised site plan and building elevation drawings to be reviewed, in conjunction with the Victoria Park Neighbourhood Heritage Conservation District representative, and approved by Heritage Planning staff prior to issuance of a building permit. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2017-IV-022 be approved, as outlined in Community Services Department report CSD -17-066, to permit the removal of the rear summer kitchen annex and two storey verandah; the restoration of the existing front entry stoop; the replacement of the front entry door; the replacement of the existing windows and sills; and the construction of an addition with two car garage on the property municipally addressed as 330 Joseph Schoerg Crescent, in accordance with the plans and supplementary information submitted with the plans and supplementary information submitted with the application, and subject to the following condition: 1. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. COUNCIL MINUTES AUGUST 28, 2017 -145- 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." �e1 DI kh I I ki I P1I:7e'll I kVJ:8 N :1011:4 &M Various Tenders Dealt with under Delegations. 2. CSD -17-080 — Noise Exemption Request — Frosh Circus — Bingemans — September 8, 2017 Council considered Community Services Department report CSD -17-80 (G. MacNeil), dated August 21, 2017. It was resolved: "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 8, 2017, between the hours of 2:30pm and 11PM. 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. " A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors J. Gazzola, S. Marsh, D. Schnider, Y. Fernandes, K. Gal loway-Sea lock, S. Davey, B. loannidis, F. Etherington and P. Singh.' Contra: Councillor Z. Janecki. Carried on a recorded vote. 3. FCS -17-154 — Committee of Adjustment — Various Council considered Finance and Corporate Services Department report FCS -17-154 (D. Saunderson), dated August 17, 2017. It was resolved: "That the application of Michelle Jennings and Andrew Vicek (FN 2017-003 - 410 Louisa Street) requesting permission to replace an existing wooden fence having a height of COUNCIL MINUTES AUGUST 28, 2017 -146- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 1.82m located 0.m from the side lot line abutting Edwin Street rather than the required 1.5m; and, to have a 0.2m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Lot 52, Registered Plan 671, 410 Louisa Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a landscape plan to the satisfaction of the Planning Division, and, install the approved plantings. 2. That the owner shall complete Condition 1 above no later than October 1, 2017. Any request to a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date noted above. Failure to fulfill these conditions will result in this approval becoming null and void. - and - That the application of City of Kitchener (SG 2017-008 - 10 Chopin Drive) requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy to be located 9m from an intersection rather than the required 23m; located 33m from a residential zone rather than the required 100m; and, having 51 % of the sign area being changing copy rather than the permitted maximum area of 30%, on, Block A, Plan 1295, Part Lots 4, 5 & 13 to 15, Plan 793 & Part Lot 27, Plan 404, 10 Chopin Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. 4. That the owner shall complete Condition 1 above prior to December 31, 2017. 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 fulfill these conditions will result in this approval becoming null and void. - and - That the application of J.T. Risty Enterprises Inc. (SG 2017-009 - 401 New Dundee Road) requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy to be located 41.057m from a residential zone rather than the required 100m; and, to allow non -accessory third party advertising whereas the By-law does not permit non -accessory third party advertising, on Part Lot 8, Beasley's Old Survey, 401 New Dundee Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. 4. That the owner shall complete Condition 1 above prior to December 31, 2017. 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 COUNCIL MINUTES AUGUST 28, 2017 -147- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) decision. Failure to fulfill these conditions will result in this approval becoming null and void. - and - That the application of City of Kitchener (SG 2017-010 - 100 Rittenhouse Road) requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy to be located 29m from a residential zone rather than the required 100m; and, having a sign area of 4.16 sq.m. rather than the permitted 3 sq.m., on Block D & Part Block C, Plan 1416, 100 Rittenhouse Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure automatic changing copy portion of the sign be turned off between the hours of 10:00 p.s. and 6:00 a.m. 4. That the owner shall complete Condition 1 above prior to December 31, 2017. 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 fulfill these conditions will result in this approval becoming null and void. - and - That the application of 970781 Ontario Inc. (SG 2017-011 - 305 Frederick Street) requesting permission to replace the existing sign with a ground -supported sign on a lot having a width of 12.7m rather than the required 15m, and; a distance separation of 12.7m from another ground -supported sign rather than the required distance separation of 15m, on Lot 3, Plan 197, 305 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the maximum sign height is no greater than 1.8 metres (6 ft -)- 3. t). 3. That the owner shall complete Conditions 1 and 2 above prior to February 1, 2018. 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 fulfill these conditions will result in this approval becoming null and void. - and - That the application of Church of St. John the Evangelist (SG 2017-012 - 19-23 Water Street North) requesting permission to replace an existing ground -supported sign on the subject property, currently Zoned D1, whereas the By-law does not permit ground - supported signs to be located within a D1 Zone, on Lots 153 & 154 and Part Lot 155, Plan 374, 19-23 Water Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a sign permit from the Planning Division. " COUNCIL MINUTES AUGUST 28, 2017 -148- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 4. INS -17-055 — Centre in the Square 2018 Capital Funding Advance Attached is Infrastructure Services Department report INS -17-055 (L. Stewart) dated August 15, 2017. That Council approve the advance of $300,000 of 2018 capital funding to the Centre In The Square in 2017. 5. FCS -17-140 — Q17-065 — Standard Cargo Van Council received Finance and Corporate Services Department report FCS -17-140 (M. Palmer), dated July 27, 2017 as information. 6. FCS -17-146 — Summary of Tenders Approved by the Chief Administrative Officer Council received Finance and Corporate Services Department report FCS -17-146 (M. Palmer), dated July 17, 2017 as information.