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HomeMy WebLinkAboutCouncil - 2015-06-01COUNCIL MINUTES JUNE 1, 2015 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 ". On motion by Councillor B. loannidis, the minutes of the regular meeting held May 11, 2015, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor S. Davey declared a pecuniary interest regarding the listing of 1333 King Street East on the Municipal Heritage Register (MHR), Clause 5 of the Heritage Kitchener report, as he has retained the same planner as the owner of the subject property; accordingly, he did not take part in any discussion or voting regarding this matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a. 2015 Summer Lights Festival Ms. Charlene Le Duc, Festival Director, addressed Council regarding the 2015 Summer Lights Festival being held on June 20, 2015 from 8:00 p.m. to 1:00 a.m. in Downtown Kitchener. She noted over 15,000 people attended the 2014 Festival and encouraged members of Council to participate in the 2015 event. 6.b. Municipal Heritage Register Ms. M. Drake, Heritage Planner, gave a presentation reviewing the Municipal Heritage Register (MHR) listing process, advising to -date Council has listed 189 properties as non - designated properties of cultural heritage value or interest. She stated, as outlined in Clauses 2 -8 of the Heritage Kitchener report, an additional 28 properties are being recommended for listing on the MHR. Responding to questions, she acknowledged it may be appropriate to defer consideration of listing 101 Glasgow Street / 149 Strange Street, 2481 Kingsway Drive and 535 Park Street to provide additional time for staff to meet with the property owners. Speaking to 111 Ahrens Street West (Krug Furniture Factory), she indicated while staff has made several attempts, they have not had the opportunity to meet with the property owner. Accordingly, staff would also support a deferral for this property. She expressed a preference for an open -ended deferral to avoid placing any potential constraints on the discussions with the property owners. Mayor B. Vrbanovic advised Kirpal Kanwal withdrew his request to address Council as a delegation regarding the listing of 535 Park Street on the MHR. Mr. Slavko Miladinovic addressed Council in support of the owners who are in opposition to having their properties listed on the MHR. He acknowledged that while he values heritage properties, owners should have the right to determine what happens to their individual properties. He suggested if the City were to achieve a budget surplus, funds could be expended to purchase the identified heritage properties as a means of public preservation. Mr. Victor Labreche, Labreche Patterson and Associates Inc., appeared on behalf of the property owner of 1333 King Street East, who is opposed to having it listed on the MHR. He suggested that as the building was constructed in 1955 it is not unique, estimating that the majority of residential homes in the City are of a similar age or older. Ms. Kae Elgie, President, Architectural Conservancy Ontario -North Waterloo Region Branch, gave a presentation in support of the listing process and encouraged Council to add the 28 properties being recommended by Heritage Kitchener. COUNCIL MINUTES JUNE 1, 2015 -110- CITY OF KITCHENER Messrs. Ted Parkinson and Lane Burman, Mount Hope Breithaupt Park Neighbourhood Association, appeared in support of listing 111 Ahrens Street West on the MHR. They explained the historical significance of the furniture industry in the Region of Waterloo and stated the Krug Furniture Factory is an important landmark that has been in existence for over 100 years. Council was encouraged to list the subject property on the MHR to ensure its preservation for future generations. Mr. Rick Haldenby, Professor, Waterloo School of Architecture, addressed Council in support of listing 111 Ahrens Street West and 101 Glasgow Street / 149 Strange Street on the MHR. He commented that those buildings are some of the best examples of industrial architecture for their respective time periods and warrant conservation. A motion was brought forward by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, to list the 28 properties outlined in Clauses 2 to 8 of the Heritage Kitchener report on the MHR. Councillor D. Schnider suggested consideration of listing 825 King Street West should be deferred. Councillor S. Davey proposed consideration of listing 13 Bridge Street East should also be deferred. A motion was brought forward by Councillor B. loannidis, seconded by Councillor D. Schnider, to defer consideration of 13 Bridge Street East, 2481 Kingsway Drive, 825 King Street West, 1333 King Street East and 535 Park Street indefinitely as well as deferring consideration of listing 111 Ahrens Street West and 101 Glasgow Street / 149 Strange Street to the October 5, 2015 Council meeting. The deferral of 111 Ahrens Street West was voted on and was LOST on a recorded vote, with Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway - Sealock, P. Singh and B. loannidis voting in favour; and, Councillors J. Gazzola, S. Marsh, Y. Fernandes, S. Davey, F. Etherington and Z. Janecki voting in opposition. The deferral of 1333 King Street East was voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway - Sealock, P. Singh, Z. Janecki, Y. Fernandes and B. loannidis voting in favour; and, Councillors J. Gazzola, S. Marsh and F. Etherington and voting in opposition. As per his previously declared pecuniary interest, Councillor S. Davey abstained from all discussion and voting regarding the subject property. The deferral of 101 Glasgow Street / 149 Strange Street was voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors D. Schnider, S. Davey, K. Galloway - Sealock, P. Singh and B. loannidis voting in favour; and, Councillors J. Gazzola, Z. Janecki, Y. Fernandes, S. Marsh and F. Etherington and voting in opposition. The balance of the proposed deferrals was then voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors D. Schnider, S. Davey, K. Galloway - Sealock, P. Singh and B. loannidis voting in favour; and, Councillors J. Gazzola, Z. Janecki, Y. Fernandes, S. Marsh and F. Etherington and voting in opposition. Councillor S. Marsh proposed a motion to extend the period for processing a demolition permit application to 60 days for those properties on the MHR which were deferred. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that Council does not have the authority to modify provincial legislation; and therefore, lacks the capacity to enact such a provision. Councillor S. Davey proposed that 9 Tyson Drive / 7 Bridge Street East should not be listed on the MHR and requested that it be voted on separately. The listing of 9 Tyson Drive / 7 Bridge Street East on the MHR was voted on and was LOST on a recorded vote, with Mayor B. Vrbanovic and Councillors J. Gazzola, S. Marsh, F. Etherington and Z. Janecki voting in favour; and, Councillors D. Schnider, K. Galloway - Sealock, P. Singh, S. Davey, Y. Fernandes and B. loannidis voting in opposition. Mayor Vrbanovic confirmed as a result of the preceding vote, no action would be taken at this time to list 9 Tyson Drive / 7 Bridge Street East on the MHR. COUNCIL MINUTES JUNE 1, 2015 - 111 - CITY OF KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the balance of the properties recommended for listing on the Municipal Heritage Register, be approved." Carried Unanimously on a recorded vote. Sidewalk Infill Policy Council considered Infrastructure Services Department report INS -15 -051, dated May 29, 2015, recommending a revised Sidewalk Infill Policy to replace the one outlined in Clause 4 of the Planning and Strategic Initiatives Committee report. Mr. J. Readman, Director of Transportation Services, gave an overview of the changes contained in the revised Policy, noting the staff report also recommends the sidewalk infill process be immediately initiated for York Street. Questions were raised regarding the priority list of streets lacking sidewalks. Mr. Readman indicated staff endeavours to install sidewalks along at least one side of every street. He pointed out that under the new Policy, a recommendation concerning sidewalk infill would be brought forward for consideration one year in advance of the proposed installation. He confirmed that aside from the estimated 9 kilometres which attained a score of 90 points, thereby qualifying for pre - approval, Council would continue to have discretion over whether a sidewalk is installed. Mr. Terry Ross spoke in opposition to the installation of sidewalks which might negatively impact street trees. He suggested similar to traffic calming projects, pedestrian traffic should be monitored to determine if a street warrants sidewalks. Mr. James Howe addressed Council advising sidewalks should be considered critical infrastructure, which support the tenets of the Accessibility for Ontarians with Disabilities Act (AODA). He expressed support for the new Policy, commenting it promotes a dialogue with residents and provides a scoring system that should help to facilitate decision making. He proposed revising the Policy to allocate additional points towards measures to promote walkability. Mr. David Kuhn addressed Council on behalf of the Grand River Accessibility Advisory Committee (GRAAC), expressing that Committee's support for the installation of sidewalks on both sides of a street. He stated the installation of sidewalks ensures access for all people, noting the importance of enacting policies that enable safe travel to anywhere in the community. He cited examples as a person who utilizes a mobility device as to when his travel has been impeded due to a lack of sidewalks. It was noted that a street with minimal or non - contiguous sidewalks are essentially closed to persons with mobility challenges. A motion was brought forward by Councillor K. Gal loway - Sealock, seconded by Councillor B. loannidis, to approve the recommendation contained in Report INS -15 -051, along with the provisions of Clause 4 of the Planning and Strategic Initiatives Committee report pertaining to delegating authority to the Chief Administrative Officer (CAO) and for the Sidewalk Infill Policy to be reviewed in 2019. A motion was brought forward by Councillor S. Marsh, seconded by Councillor Y. Fernandes, to amend the timeframe for the Policy review from 2019 to 2018. Concerns were expressed regarding the proposed change to the timeframe and Councillor S. Marsh withdrew her previous amendment and replaced it with one directing staff to bring forward updates and changes to the Policy as required in the future. A motion was brought forward by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, to defer consideration of this matter to the fall of 2015. Councillor Janecki's deferral motion was then voted on and was LOST on a recorded vote, with Councillors Z. Janecki and Y. Fernandes voting in favour; and, Mayor B. Vrbanovic and Councillors J. Gazzola, S. Marsh, F. Etherington, D. Schnider, K. Galloway - Sealock, P. Singh, S. Davey and B. loannidis voting in opposition. Councillor Marsh's amendment was voted on and was LOST on a recorded vote, with Councillors J. Gazzola, S. Marsh and Y. Fernandes voting in favour; and, Mayor B. Vrbanovic and Councillors Z. COUNCIL MINUTES JUNE 1, 2015 -112- CITY OF KITCHENER Janecki, F. Etherington, D. Schnider, K. Galloway - Sealock, P. Singh, S. Davey and B. loannidis voting in opposition. Councillor J. Gazzola requested a separate vote be taken on the provision to delegate authority to the CAO to approve tenders for road reconstruction projects with Council- approved sidewalk infill, as outlined in Paragraph 2 of Clause 4. Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That the revised Clause 4 of the Planning and Strategic Initiatives Committee report, be approved." Voted on clause by clause. Paragraph 2 of Clause 4 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors B. loannidis, K. Galloway - Sealock, S. Marsh, P. Singh, F. Etherington, D. Schnider and S. Davey. Contra: Councillors J. Gazzola, Y. Fernandes and Z. Janecki. Balance of Clause 4 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors B. loannidis, K. Galloway - Sealock, S. Marsh, P. Singh, F. Etherington, D. Schnider, J. Gazzola, Y. Fernandes and S. Davey. Contra: Councillor Z. Janecki Moved by Councillor Y. Fernandes Seconded by Councillor S. Marsh "That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda." Carried Unanimously. Kennedy and Palmer Road Reconstruction Mr. Terry Ross addressed Council in opposition to the installation of sidewalks as part of the Kennedy and Palmer Road Reconstruction project, listed as Item B.1.iii on the Committee of the Whole agenda. He suggested consideration be given to deferring this matter to allow time to study the amount of pedestrian traffic on the subject streets. In response to questions, Mr. S. Allen, Manager, Engineering Design & Approvals, advised the subject tender is $162,000. more than the one cancelled for this project in 2014. He clarified the tender that has been put forward for consideration this date currently includes the installation of sidewalks. He stated it would not be possible to delay the project long enough to enable a pedestrian traffic study to be undertaken. He confirmed that under the new Sidewalk Infill Policy, the subject streets would be classified as Priority 1. Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That Tender T15 -036 Kennedy Avenue and Palmer Avenue Road Reconstruction be awarded to Terracon Underground Ltd., Brantford, Ontario at their tendered price of COUNCIL MINUTES JUNE 1, 2015 -113- CITY OF KITCHENER $1,295,722.32,including provisional items and contingencies of $100,018.50, plus H.S.T. of $168,443.90 for a total of $1,464,166.22." Carried. Samuel Street & Simeon Street Road Reconstruction A motion was brought forward by Councillor S. Marsh, seconded by Councillor D. Schnider, not to include sidewalks as part of the Samuel Street and Simeon Street Road Reconstruction project, as outlined in Item B.1.ii on the Committee of the Whole agenda. Additionally, to have the streets flagged for sidewalk infill once the mature trees have completed their lifecycle and in the interim, to have any new tree planting in the City right -of -way to be located closer to the property line. In response to questions, Mr. J. Readman advised that while the subject streets would not have been allocated 90 points, and therefore qualify for pre - approval, they would still be classified as Priority 1 under the new Sidewalk Infill Policy. Mr. S. Allen indicated approximately 3 -4 trees would be removed if sidewalks were installed. He added, where possible, staff have deviated the alignment of the sidewalks away from mature trees; however, it would still be partially located within drip zones. He agreed staff would explore options to further mitigate the impact of a potential sidewalk on area trees. Councillor P. Singh proposed an amendment to keep Simeon Street as a Priority 1, but shift it to the bottom of the list; thereby having the same effect as not revisiting the installation of sidewalks for at least ten years as outlined in Councillor Marsh's motion. His amendment failed to receive a seconder and was not considered. Moved by Councillor S. Marsh Seconded by Councillor D. Schnider "WHEREAS there are 14 mature trees on the stretch of Simeon Street from Weber Street East to Pandora Crescent that would either be cut down or at risk of serious damage; and, WHEREAS an overwhelming majority of local residents have expressed opposition including a petition signed by 158 residents on or near Simeon Street and within the surrounding neighbourhood opposing sidewalk infill on Simeon Street; THEREFORE BE IT RESOLVED that the 2015 Simeon Street road reconstruction project not include sidewalk infill at this time, and not be revisited for at least 10 years; BE IT FURTHER RESOLVED that Simeon Street from Weber Street East to Pandora Crescent be flagged for consideration of sidewalk infill at a later date once the mature trees complete their lifecycle; and, BE IT FINALLY RESOLVED that in the interim, where possible, any new tree plantings on the City right -of -way shall be located closer to the property line, away from the path of a future sidewalk." Voted on clause by clause Clause 3 — Carried on a recorded vote. In Favour: Councillors S. Marsh, P. Singh, D. Schnider, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Mayor B. Vrbanovic and Councillors B. loannidis, K. Galloway- Sealock, F. Etherington and S. Davey. Clauses 4 and 5 — Carried on a recorded vote. COUNCIL MINUTES JUNE 1, 2015 -114- CITY OF KITCHENER In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Councillors B. loannidis, K. Galloway - Sealock, P. Singh, F. Etherington and S. Davey. Moved by Councillor S. Marsh Seconded by Councillor D. Schnider "That Tender T15 -033 Samuel Street (Cameron Street North to Stirling Avenue North) and Simeon Street (Cameron Street North to Weber Street East) Reconstruction be awarded to Terracon Underground Ltd., Brantford, Ontario at their tendered price of $2,440,956.93, including provisional items and contingencies of $236,674., plus H.S.T. of $317,324.40, for a total of $2,758,281.33." Carried. 6.c. Tenders Ms. Michelle Palmer - Novakovic, Director of Supply Services, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor S. Davey "That Tender T15 -038 Forest Heights Pool Renovation, be awarded to Hollandia Gardens Limited, London, Ontario at their tendered price of $672,000., plus H.S.T. of $87,360., for a total of $759,360." -and - "That Tender T15 -041 Cured in Place Sanitary Sewer Lining, be awarded to Insituform Technologies Limited, Hamilton, Ontario at their tendered price of $201,100., including provisional items and contingencies of $25,000., plus H.S.T. of $26,143., for a total of $227,243.» - and - "That Tender T15 -048 One (1) 39,009 kg (86,000 lb) G.V.W. Tri Rear Axle Conventional Cab and Chassis with Dump Body, be awarded to Team Truck Centres Limited, Kitchener, Ontario, at their tendered price of $161,000., plus H.S.T. of $20,930., for a total of $181,930." Councillors J. Gazzola and F. Etherington left the meeting at this time. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. loannidis Seconded by Councillor K. Galloway - Sealock "That the report of the Community and Infrastructure Services Committee be adopted." 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." Carried. Carried. Carried. COUNCIL MINUTES JUNE 1, 2015 -115- CITY OF KITCHENER Councillors J. Gazzola and F. Etherington re- entered the meeting at this time. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the balance of the Heritage Kitchener report be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — NIL 10. QUESTIONS AND ANSWERS — Questions were raised regarding the number of noise complaints received concerning the Ever After Music Festival held on May 30 and 31, 2015 at Bingemans. Mayor B. Vrbanovic advised staff were in the process of reviewing this matter. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add an additional by -law for three readings this date being a zoning amending bylaw listed as Clause 3 on the Planning and Strategic Initiatives Committee report. Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By -law No 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. e. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. f. Being a by -law to amend By -law 2014 -056 of the Corporation of the City of Kitchener, being a by -law to licence Food Trucks. g. Being a by -law to designate Part of Lot 8 Richard Beasley's Old Survey, being Part 1 of Reference Plan 58R -18524 and municipally known as a portion of 508 New Dundee Road in the City of Kitchener as being of cultural heritage value or interest. h. Being a by -law to designate the property municipally known as 189 Joseph Street (Lang Site B) in the City of Kitchener as being of historic and cultural heritage value or interest. i To confirm all actions and proceedings of the Council. j. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — City of Kitchener Annual Zoning By -law Update. COUNCIL MINUTES JUNE 1, 2015 -116- CITY OF KITCHENER 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, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor B. loannidis as Chair. On motion, the Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor B. loannidis 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 Z. Janecki Seconded by Councillor J. Gazzola "That the by -laws be given third reading, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. (By -law No. 2015 -059) 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. 2015 -060) 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. 2015 -061) d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2015 -062) e. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By -law No. 2015 -063) f. Being a by -law to amend By -law 2014 -056 of the Corporation of the City of Kitchener, being a by -law to licence Food Trucks. (By -law No. 2015 -064) COUNCIL MINUTES JUNE 1, 2015 -117- CITY OF KITCHENER g. Being a by -law to designate Part of Lot 8 Richard Beasley's Old Survey, being Part 1 of Reference Plan 58R -18524 and municipally known as a portion of 508 New Dundee Road in the City of Kitchener as being of cultural heritage value or interest. (By -law No. 2015 -065) h. Being a by -law to designate the property municipally known as 189 Joseph Street (Lang Site B) in the City of Kitchener as being of historic and cultural heritage value or interest. i To confirm all actions and proceedings of the Council. (By -law No. 2015 -066) (By -law No. 2015 -067) j. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — City of Kitchener Annual Zoning By -law Update. (By -law No. 2015 -068) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:56 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 1, 2015 -118- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Canadian Cancer Society, Waterloo Region Unit, for their Relay For Life Event at Resurrection High School, between the hours of 7:00 a.m., June 12 and 12:00 p.m., June 13, 2015, as outlined in Community Services Department report CSD -15 -042 2. That the Drinking Water Quality Management Standards Operational Plan, be re- endorsed in accordance with the Safe Drinking Water Act, 2002 and Regulation 188/07, as attached to Infrastructure Services Department report INS -15 -023. 3. That an extension of the purchase order issued to Ahydtech Geomorphic for engineering services including detailed design, permitting, tendering and construction administration all related to restoration work along eroded sections of Melitzer Creek and repair work for Melitzer Creek Trail Bridge in the amount of $15,000., be approved, as outlined in Infrastructure Services Department report INS -15 -039. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Fred Fraser, for an annual Lobster Boil and Barbecue at 49 Wake Robin Drive, between the hours of 3:00 p.m. and 11:00 p.m., on June 6, 2015, as outlined in Community Services Department report CSD -15 -045 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Young Presidents' Organization Chapter, for an event being held at Bingemans, between the hours of 5:00 p.m. and 11:00 p.m., on June 5, 2015, as outlined in Community Services Department report CSD -15 -051 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Grand River Amazing Race at Kiwanis Park, between the hours of 9:00 a.m. and 6:00 p.m., on June 20, 2015, as outlined in Community Services Department report CSD -15 -052. 7. That traffic calming reviews be initiated in 2015, as outlined in Infrastructure Services Department report INS -15 -040, for the following streets: • Zeller Drive — between Lackner Boulevard and Pebblecreek Drive. • Parkvale Drive — between Woodbine Avenue and Huron Road; and, • Rittenhouse Road — between Blockline Road and Erinbrook Drive. 8. That the Mayor and Clerk be authorized to enter into a Cross Border Agreement, subject to the satisfaction of the City Solicitor, with the Township of Wilmot to address the operational, maintenance and other requirements, as outlined in Infrastructure Services report INS -15 -018. 9. That the 2014 Stormwater Management Audit Technical Memorandum be endorsed, as outlined in Infrastructure Services Department report INS -15 -038. 10. That painted roadway edge lines be installed along Trussler Road, as outlined in Infrastructure Services Department report INS -15 -041; and, That a centreline be installed along Trussler Road; and, That three (3) "50 km /h" speed limit signs be installed at: • 99 metres west of Ira Needles Boulevard facing northbound traffic; • Waldau Crescent facing northbound traffic; • Waldau Crescent facing southbound traffic; and further, COUNCIL MINUTES JUNE 1, 2015 -119- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 10. (Cont'd) That three (3) over -sized "No Heavy Trucks" signs with "$110. fine" tabs be installed at: • 59 metres west of Ira Needles Boulevard facing northbound traffic; and, • On both sides of Trussler Road immediately south of Highland Road West facing south bound traffic. 11. That the closure of portions of Agnes Street, from Park Street to Dominion Street, as outlined in Appendix "A" of Infrastructure Services Department report INS -15 -042, be approved in principle; and, That the Mayor and Clerk be authorized to enter into a lease agreement with the K -W Badminton Club Inc., subject to the satisfaction of the City Solicitor; and further, That the portion of Agnes Street to be closed, to be further described on a Reference Plan to be prepared, be declared surplus to the City's needs for the purpose of conveying possible easements for the affected agencies. WHEREAS the City of Kitchener ( "City ") has striven for many years within its jurisdiction to maintain a healthy environment for all our citizens through its many plans, policies, programs and practices supported by the Kitchener Strategic Plan and Kitchener's Strategic Plan for the Environment; and, WHEREAS the City endeavours to respect and promote the rights and quality of life of its citizens and pursues the public interest in all its actions, the identification and establishment of new basic human rights is best achieved at the Provincial, Federal, and even international, levels of government; and, WHEREAS the City understands that people are part of the environment, and that a healthy environment is inextricably linked to human health and the social and economic well -being of our community; and, WHEREAS the City believes that the Federal and Provincial governments should enshrine, within appropriate legislation, the right of all Canadians to live in a healthy environment, including: (a) the right to breathe clean air; (b) the right to drink clean water, (c) the right to consume safe food; (d) the right to access nature; (e) the right to know about pollutants and contaminants released into the local environment; and, (f) the right to participate in decision - making that will affect the environment; THEREFORE BE IT RESOLVED that on behalf of City Council, be directed to forward this resolution to the Right Honourable Stephen Harper, Prime Minister of Canada, with the request that the right of all citizens to live in a healthy environment be enshrined in appropriate federal legislation including the Canadian Charter of Rights and Freedoms; and, THEREFORE BE IT RESOLVED that the Mayor on behalf of City Council, be directed to forward this resolution to the Honourable Kathleen Wynne, Premier of Ontario, with the request that the right of all citizens to live in a healthy environment be enshrined in appropriate provincial legislation including Ontario's Environmental Bill of Rights; and, COUNCIL MINUTES JUNE 1, 2015 -120- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) (Cont'd) THEREFORE BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to all local Members of the Parliament of Canada and the Legislative Assembly of Ontario; and, THEREFORE BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Federation of Canadian Municipalities (FCM) and the Association of Municipalities of Ontario (AMO). That Community Services Department report CSD -15 -043 be adopted as the City of Kitchener's formal comments with respect to Stage 1 of the Provincial consultation for "Our Region /Our Home /Our Community: A Discussion Document for the 2015 Co- ordinated Review" and that the Province of Ontario be requested to consider the comments, contained in this report as they move forward with Stage 2 in recommending potential amendments to the various Plans. That City- initiated amendment ZC 15 /06 /COK /SRM (Annual Zoning By -law Update) to Zoning By -law 85 -1, be approved in the form shown in the `Proposed By -law' dated April 21, 2015, attached to Community Services Department Report CSD -15 -036. That the revised Sidewalk Infill Policy, as attached to Infrastructure Services Department report INS -15 -051, be approved; and, That the Chief Administrative Officer be delegated authority to approve tenders for road reconstruction projects with Council- approved sidewalk infill, provided the total costs are within the approved budgets contained in the relevant departmental budgets and that a report regarding those tenders are provided to Council at its next regularly scheduled meeting; and, That staff be directed to complete a review of the Sidewalk Infill Policy following three full years of implementation, with a report to be provided in 2019; and further, That staff be authorized to initiate the sidewalk infill process on York Street immediately, with installation to occur as soon as practical. HERITAGE KITCHENER — That consideration of listing 101 Glasgow Street / 149 Strange Street on the Municipal Heritage Register as a non - designated property of cultural heritage value or interest, in accordance Section 27 of the Ontario Heritage Act, be deferred to October 5, 2015 to allow time for staff to undertake discussions with the property owner. That consideration of listing the following the following properties on the Municipal Heritage Register as non - designated properties of cultural heritage value or interest, in accordance Section 27 of the Ontario Heritage Act, be deferred to allow time for staff to undertake discussions with the property owners: • 13 Bridge Street East; • 1333 King Street East; • 825 King Street West; • 2481 Kingsway Drive; and, • 535 Park Street. That no action be taken at this time to list 9 Tyson Drive / 7 Bridge Street East on the Municipal Heritage Register as a non - designated property of cultural heritage value or interest, in accordance Section 27 of the Ontario Heritage Act. COUNCIL MINUTES JUNE 1, 2015 -121- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER — (CONT'D) That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance, as outlined in Appendix 'A' of Community Services Department report CSD -15 -040: • 55 Aberdeen Road; • 111 Ahrens Street West; • 112 Benton Street; • 50 Brookside Crescent; • 500 Doon Valley Drive; • 92 Edgehilll Drive; • 200 Fairway Road South; • 1541 Fischer Hallman Road; • 36 Francis Street South; • 314 Glasgow Street; • 418 Glasgow Street; • 600 Heritage Drive; • 4336 King Street East; • 160 Margaret Avenue; • 398 New Dundee Road; • 1478 New Dundee Road; • 350 Park Street; • 35 Roos Street; • 15 Tyson Drive; • 80 -86 Union Boulevard / 571 York Street; and, • 1254 Union Street. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2015 -V -006 be approved to permit repair to the brickwork and replacement of the two steeples at the property municipally addressed as 137 Queen Street South, in accordance with the supporting information submitted with the application, as outlined in Community Services Department report CSD -15 -047, and subject to the following condition: i) 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 JUNE 1, 2015 -122- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by -laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — Various Tenders Dealt with under Delegations. 2. FCS -15 -075 — Committee of Adjustment — Fence and Sign Variance Council considered Finance and Corporate Services Department report FCS -15 -075 (D. Saunderson), dated May 21, 2015. It was resolved: "That the application of Richard and Danielle Wagner (FN 2015 -001 — 255 Briarmeadow Drive) requesting permission to install a wood fence having a height of 1.82m (6') located 0.23m (0.754') from the exterior side lot line abutting Tisdale Court rather than the required setback of 1.5m (4.921'), on Block 47, Registered Plan 58M -190, 255 Briarmeadow Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a landscape plan to the satisfaction of the Manager of Site Development and Customer Service by August 1, 2015. 2. That the 1.82 metre high wooden fence shall not be built within the 4.5 metre Driveway Visibility Triangle (DVT) for the neighbouring property municipally address as 7 Tisdale Court." 95li eE "That the application of the 2184647 Ontario Ltd. & Breithaupt Block Inc. (SG 2015 -004 — 51 Breithaupt Street) requesting permission to install a roof -top sign on a building exceeding 6m, having a sign area of 26.09 sq.m. (280.83 sq.ft.) rather than the maximum sign area of 10 sq.m. (107.639 sq.tt.); a sign height of 3.003m (9.852') rather than the permitted maximum height requirement of 3m (9.842'); and, for the roof sign to extend beyond the perimeter of the building having visible supports, whereas the By -law does not permit signs to extend beyond the perimeter of the building or for visible sign support structures without screening, on Lots 205 to 212, Part Lot 204, Plan 376, Part Lot 33, Streets and Lanes, 51 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Sign Permit from the Planning Division." 3. FCS -15 -076 —Appointments to Aeronautical Noise Advisory Committee (2014 -18) Council considered Finance and Corporate Services Department report FCS -15 -076 (C. Tarling), dated May 14, 2015. It was resolved: "That the recommended candidates for three (3) citizen vacancies on the 2014 -2018 Aeronautical Noise Advisory Committee be approved, as attached to staff report FCS - 15 -076 in Appendix `A'." COUNCIL MINUTES JUNE 1, 2015 -123- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 4. FCS -15 -077 — Appointment to Property Standards Committee (2014 -16) Council considered Finance and Corporate Services Department report FCS -15 -077 (C Tarling), dated May 15, 2015. A recorded vote was requested. A motion was brought forward by Councillor Y. Fernandes not to appoint Margaret Johnston to allow time for further applications to be submitted for this position in order to then be considered by the Nominating Committee. Councillor B. loannidis deemed Councillor Fernandes' motion as being contrary to the motion on the floor; and therefore would only be considered if the motion on the floor was lost. Councillor P. Singh requested the question be called and Council agreed to immediately consider the subject motion. It was resolved: "That Margaret Johnston be approved to fill the one (1) current citizen vacancy on the 2014 -2016 Property Standards Committee." In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, B. loannidis, K. Galloway - Sealock, S. Marsh, P. Singh and F. Etherington Contra: Councillors J. Gazzola, Y. Fernandes and J. Janecki 5. FCS -15 -081 — Dangerous Dog Designation Appeal — Schnarr Council considered Finance and Corporate Services Department report FCS -15 -081 (D. Livingstone) dated May 12, 2015. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Jesse Schnarr, wherein the Committee confirms the Dangerous Dog Designation and modifies the conditions for keeping of said dog, be ratified and confirmed."