Loading...
HomeMy WebLinkAboutCouncil - 2017-04-24COUNCIL MINUTES APRIL 24, 2017 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 P. Singh, the minutes of the regular meeting held March 20, 2017 and special meetings held March 20 and April 3, 2017, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor P. Singh declared a pecuniary interest with respect to zone change application ZC17/001/V/JVW, listed as Clause 6 on the Community and Infrastructure Services Committee report as members of his family own property in close proximity to the subject lands; accordingly, he did not participate in any discussions or voting regarding that matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. National Poetry Month Ms. Laurie Graham was in attendance and read a poem from her book Settler Education (McClelland & Stewart, 2016) in recognition of National Poetry Month. 5.b. Awards of Merit On behalf of Council, Mayor B. Vrbanovic presented Awards of Merit to the following citizens who have completed volunteer service on boards / commissions for a period of 5 years or more: • Murray Gamble; • Shawn Mathers; • Adrian Conrad; • Grayson Zeilstra; and, • Mike Farwell. 5.c. Kitchener -Wilmot Hydro — 2016 Annual Report Mr. J. Van Ooteghem, President & CEO and Mr. J. Phillips, Board Chair, Kitchener -Wilmot Hydro, were in attendance to present the 2016 Annual Report as well as in support of the appointment of auditors for the ensuing fiscal year, as listed under Item 9.a. under New Business. Mr. Phillips presented the 2016 dividend cheque in the amount of $3,800,000. to Mr. D. Chapman, Deputy CAO - Finance & Corporate Services and City Treasurer, as well as a cheque of $45,000 for Reforestation which is to assist with replenishing trees removed as a result of maintenance of its hydro lines. Moved by Councillor B. loannidis Seconded by Councillor S. Davey "WHEREAS the Kitchener Power Corporation Shareholders' Agreement requires the annual circulation of audited financial statements and the appointment of auditors for the ensuing fiscal year; THEREFORE BE IT RESOLVED that the audited financial statements of Kitchener Power Corporation for the year ended December 31, 2016 as audited by KPMG LLP, as presented, be hereby received; and, COUNCIL MINUTES APRIL 24, 2017 -66- CITY OF KITCHENER BE IT FINALLY RESOLVED that KPMG LLP, be hereby appointed Auditors of Kitchener Power Corporation for the ensuing fiscal year and the Directors are authorized to set their remuneration." Carried. 6.a. 6 & 24 Morrison Road Mayor B. Vrbanovic advised the proposed development at 6 and 24 Morrison Road does not require any Council approvals, such as a zone change or Official Plan Amendment, to move forward as it is currently subject to the site plan process, for which staff have delegated authority. He added this authority was delegated to staff through the passage of By-law 86-137 and falls under Article 2 of Municipal Code Chapter 683 (Site Plan Control). He indicated that during the agenda setting process, the Mayor and Councillor Standing Committee Chairs agreed that, although there is no Council decision to be made on this application, delegations should be allowed to appear before Council on this matter to share their information and concerns. He noted those issues would then be referred back to staff as per the delegated authority. Messrs. Rick McElheran and Stephen Tisdall, area residents, addressed Council in opposition to the proposed construction of a 68 -unit townhouse development at 6 and 24 Morrison Road. The following concerns were identified by the delegation: • existing dangerous section of Morrison Road; • increased traffic from the Cook Homes development and changing traffic patterns related to future development in the area; • site is not suited for a safe high density low-cost housing neighbourhood; • removal of trees from the site prior to obtaining the necessary permits; • compatibility of the proposed design within the existing neighbourhood; and, • require a 30 meter setback from the railway/transit corridor. Messrs. McElheran and Tisdall asked the City to require the developer to provide a record of site condition and appropriate waste removal and disposal plan for the demolition of all structures on-site including septic systems. It was further suggested that a Transportation Impact Study be included for future developments. Ms. J. Oosterveld, Manager — Site Development and Customer Service, advised Council the Building Division has requested a record of site condition be submitted prior to issuance of any building permits, adding the developer is consulting with the Ministry of Environment and Climate Change to confirm the necessity of this requirement. She stated a demolition permit is being processed, noting a further permit will need to be submitted to facilitate the removal of the septic system. She indicated staff would be happy to meet with the delegations to update them on the transportation and traffic issues. She confirmed the railroad tracks located adjacent to the site are considered to be a branch line and not a main line; therefore only require a 15 meter setback. She noted staff has provided regular responses to the questions raised by area residents and will continue this dialogue. Mayor Vrbanovic confirmed staff and Councillor D. Schnider have committed to respond to the questions raised by the delegations and those responses will be circulated to Council. The Council meeting recessed at 8:04 p.m. and reconvened at 8:07 p.m. chaired by Mayor B. Vrbanovic with all members present. 6.b. Zone Change -11 Pioneer Tower Road Ms. Alicia Monteith, Labreche Patterson & Associates Inc. addressed Council in support of Zone Change application ZC16/003/P/ATP to permit 11 Pioneer Tower Road to be used as a Natural Health Clinic, as listed under Clause 2 of the Planning and Strategic Initiatives Committee report. Ms. Natalie Stubbings, Ms. Karen Carter and Messrs. Adam Weaver, Monty Oakes, Ken Flood and Bob Seip, area residents, addressed Council in opposition to 11 Pioneer Tower Road being used as a Natural Health Clinic. Area residents expressed concerns with respect to: increased traffic; appropriateness of a 20 -vehicle parking lot in a residential neighbourhood; availability of vacant COUNCIL MINUTES APRIL 24, 2017 -67- CITY OF KITCHENER commercial units within close proximity to the subject property; and, the potential precedent this would set to enable further changes to the neighbourhood. Ms. Carter circulated a copy of a petition containing 178 signatures. She indicated of the 139 homes in the surrounding area, approximately 93.8% were in opposition to the proposed zone change. Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock "That Clause 2 of the Planning and Strategic Initiatives Committee report be adopted." A recorded vote was requested. Motion LOST on a recorded vote. In Favour: Councillors P. Singh and B. loannidis. Contra: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock Y. Fernandes, J. Gazzola, F. Etherington, S. Marsh and Z. Janecki. The Council meeting recessed at 9:26 p.m. and reconvened at 9:28 p.m. chaired by Mayor B. Vrbanovic with all members present. 6.c. Zone Change — 69 Amherst Drive Ms. Kristen Barisdale, GSP Group, addressed Council in opposition to the recommendation to refuse the official plan and zone change applications seeking permission to construct a 47 -unit stacked townhouse development at 69 Amherst Drive, as listed under Clause 3 of the Planning and Strategic Initiatives Committee report. Council was in receipt of correspondence from GSP Group, dated April 21, 2017, requesting approval of the subject applications. Responding to questions, she indicated the applicant had no desire to have this matter deferred to a later date as they had already proposed six previous designs for the subject property since 2009. Ms. Shona Scott and Messrs. Scott Murray and Daryl Howes -Jones addressed Council in support of refusing the subject official plan and zone change applications. They expressed concerns regarding the appropriateness of the proposed development in close proximity to the surrounding single detached dwellings. It was suggested a moratorium be placed on development in the Lower Doon area until such time as Master Planning studies outlined in the City's Business Plan, Lower Doon Land Use Review and Homer Watson/Conestoga College City Node Master Plan have been completed. Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock "That Clause 3 of the Planning and Strategic Initiatives Committee report be adopted." A recorded vote was requested. Motion Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, Y. Fernandes, J. Gazzola, F. Etherington, S. Marsh and Z. Janecki. Contra: Councillors K. Gal loway-Sealock P. Singh, S. Davey and B. loannidis. Mayor Vrbanovic indicated that, as a result of the vote being lost, Zone Change Application ZC 15/01/A/GS has effectively been refused; and accordingly, the existing zoning remains in place. COUNCIL MINUTES APRIL 24, 2017 -68- CITY OF KITCHENER Moved by Councillor P. Singh Seconded by Councillor S. Davey "That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of Kitchener City Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda." Carried Unanimously. 6.d. 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. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That C.R. Wall Limited, Cambridge, Ontario, be the sole source provider of Honeywell Electronic Gas Volume Correctors, Pressure Recorders & Related Equipment & Software, at a cost of $613,750., plus H.S.T. of $79,787.50 for a total of $693,537.50, for a five (5) year term." -and- "That Expression of Interest E17-012 Consultant Services - Hoffman Street (Ottawa Street South to East End) Reconstruction, be awarded to Meritech Engineering, Cambridge, Ontario, at their estimated fee of $151,615.41, including contingencies of $13,783.22, plus H.S.T. of $19,710., for a total of $171,325.41, based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Expression of Interest E17-030 Consulting Services - Road Reconstruction/ Rehabilitation Program Geotechnical Investigation and Design, be awarded to Englobe Corp, Kitchener, Ontario, at their estimated fee of $ $331,280.50, including contingencies, provisional in-situ infiltration testing and environment testing allowance of $221,025.50, plus H.S.T. of $43,066.47, for a total of $374,346.97, based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Tender T17-028 Folder and Inserter Machine, be awarded to Information Network Systems, Waterloo, Ontario, at their tendered price of $158,116., including a ten (10) year maintenance plan, plus H.S.T. of $20,555.08, for a total of $178,671.08, with an option to renew the maintenance plan for three (3) additional twelve (12) month terms." -and- "That Expression of Interest E17-044 Consultant Services — Supervisory Control and Data Acquisition (SCADA) Upgrade and Implementation, be awarded to Westin Engineering Inc., Markham, Ontario, at their corrected estimated fee of $1,467,867.36, including contingencies of $191,460.40, plus H.S.T. of $190,822.76, for a total of $1,658,690.12, based on a satisfactory contract being negotiated and an upset fee being established." 951ii eE "That Tender T17-063 Standard Cargo Vans, be awarded to Parkway Ford Sales (1996) Ltd., Waterloo, Ontario, at their corrected and adjusted tendered price of $160,494., plus H.S.T. of $20,864.22, for a total of $181,358.22." -and- "That Tender T17-064 Eight (8) 4,309 kg (9,500 Ib.) G.V.W. High Roof Extended Cargo Vans, be awarded to Parkway Ford Sales (1996) Ltd., Waterloo, Ontario, at their corrected tendered price of $263,120., plus H.S.T. of $34,205.60, for a total of $297,325.60." COUNCIL MINUTES APRIL 24, 2017 -69- CITY OF KITCHENER PFFWeE "That Tender T17-054 Closed Circuit T.V. Inspection of Gravity Sewers, be awarded to Nieltech Services Limited, Cambridge Ontario, at their tendered price of $447,441.58, including provisional items and contingencies of $13,000., plus H.S.T. of $58,167.40, for a total of $505,608.98." -and- "That the City of Kitchener's portion of the University of Waterloo Proposal #17-004 Garbage Bags, be awarded to Weber Supply Company Inc., Kitchener, Ontario, at an estimated spend of $103,962., based on their proposed unit prices for a three (3) year term, with an option to renew for two (2) additional twelve (12) month terms." -and- "That Tender T17-071 Removal Services - Hazardous Materials, be awarded to Envirosystems Incorporated, Hamilton, Ontario, at their tendered price of $46,894.33, plus H.S.T. of $6,096.26, for a total of $52,990.59, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." -and- "That Tender T17-059 Spring Tree Replacement Planting, be awarded to The Gordon Company, Caledonia, Ontario, at their tendered price of $189,360., plus H.S.T. of $24,616.80, for a total of $213,976.80." Moved by Councillor B. loannidis Seconded by Councillor S. Marsh Carried. "That the report of the Community and Infrastructure Services Committee be adopted." Clause 6 - Carried Pecuniary Interest & Abstention: Councillor P. Singh as members of his family own property in the subject area. Balance of report — Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That the report of the Finance and Corporate Services Committee be adopted." tK9191 kh Ikh111a1:11:111111:1:11li]:i&IS,Ae1kilkillki [evil ki1D339z7evd9xr] Los Iki1111ETA I1U:&l Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock "That the balance of the Planning & Strategic Initiatives Committee report be adopted." Carried. Carried. COUNCIL MINUTES APRIL 24, 2017 -70- CITY OF KITCHENER 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor P. Singh "That the report of Heritage Kitchener be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a. Kitchener Power Corporation Dealt with under Delegations. 10. QUESTIONS AND ANSWERS — Responding to questions, Mr. D. Chapman, Deputy CAO — Finance and Corporate Services, agreed that as part of the 2018 Budget deliberations process information could be provided comparing the costs of hiring consultants for road reconstruction project verses having the work undertaken in- house. In response to questions, Mr. M. May , Deputy CAO — Community Services, agreed to circulate an update to Council regarding the status of 11 Young Street (former Mayfair Hotel). 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 regarding a zoning by-law amendment for 98, 100, 100'/2 , 110 Victoria Street South and 55 Bramm Street listed as Clause 6 on the Community and Infrastructure Services Committee report. Moved by Councillor S. Marsh Seconded by Councillor Y. Fernandes "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 provide for the establishment and laying out of Old Cottage Place as a public highway in the City of Kitchener. f. Being a by-law to set and levy the rates of taxation for City purposes for the year 2017 and to provide for the payment of taxes after interim taxes. g. Being a by-law to exempt certain lots from Part Lot Control — Part of Blocks 2 and 3, Registered Plan 58M-561 — 1 Adam Street. COUNCIL MINUTES APRIL 24, 2017 -71- CITY OF KITCHENER h. Being a by-law to exempt certain lots from Part Lot Control — Part of Block 4, Registered Plan 58M-561 — 1 Adam Street. To confirm all actions and proceedings of the Council. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — 2373074 Ontario Inc. - Momentum Development - 98, 100, 100 '/z and 110 Victoria Street South and part of 55 Bramm Street. 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 P. Singh as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor P. Singh Seconded by Councillor 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 S. Marsh Seconded by Councillor Y. Fernandes "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. 2017-036) 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. 2017-037) 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. 2017-038) d. Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2017-039) e. Being a by-law to provide for the establishment and laying out of Old Cottage Place as a public highway in the City of Kitchener. (By-law No. 2017-040) COUNCIL MINUTES APRIL 24, 2017 -72- CITY OF KITCHENER f. Being a by-law to set and levy the rates of taxation for City purposes for the year 2017 and to provide for the payment of taxes after interim taxes. (By-law No, 2017-041) g. Being a by-law to exempt certain lots from Part Lot Control — Part of Blocks 2 and 3, Registered Plan 58M-561 —1 Adam Street. (By-law No. 2017-042) h. Being a by-law to exempt certain lots from Part Lot Control — Part of Block 4, Registered Plan 58M-561 —1 Adam Street. (By-law No. 2017-043) i. To confirm all actions and proceedings of the Council. (By-law No. 2017-044) j. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — 2373074 Ontario Inc. - Momentum Development - 98, 100, 100 '/2 and 110 Victoria Street South and part of 55 Bramm Street. (By-law No. 2017-045) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at10:55 . m. MAYOR .. ... ... ... .. ... ... ... .... ... ...... .... .. .... .. . .. .... .. .... KK Carried. COUNCIL MINUTES APRIL 24, 2017 -73- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — That on -street bicycle lanes be installed on both sides of Wilson Avenue from Kingsdale Community Centre to Traynor Avenue; and, That on -street parking be prohibited on the north side of Wilson Avenue between Kingsdale Community Centre and Traynor Avenue; and further, That the Uniform Traffic Bylaw be amended, as outlined in Infrastructure Services Department report INS -17-003. 2. That the City of Kitchener acknowledge that Mattamy Homes Limited proposes to name private streets within the proposed multiple residential development located at 900 Orr Court, as outlined in Community Services Department report CSD -17-023; and further, That the City's Legal Services be directed to proceed with the required advertising, preparation and registration of the necessary Bylaw(s) for the naming of the private streets. 3. That the Uniform Traffic Bylaw be amended to prohibit stopping from 8:00 a.m. to 9:30 a.m. and, 2:30 p.m. to 4:00 p.m. from Monday to Friday between September 1 and June 30 on the east (odd -numbered) side of Inlet Avenue between Owen Avenue and Hickson Drive, as outlined in Infrastructure Services Department report INS -17-024. 4. That the Ministry of Transportation of Ontario (MTO) and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code Article 6 Construction Work during the Utility Relocations for the bridge replacement and road rehabilitation project on Highway 85 at Victoria Street North in the City of Kitchener between the hours of 7:00 p.m. and 7:00 a.m., and extended for the period of April 30, 2017 to October 20, 2017, as outlined in Infrastructure Services Department report INS -17-025. 5. That the neighbourhood park located at 11 Gordon Avenue, be named Gordon Green; and further, That staff be directed to install the standard park identification sign, as outlined in Infrastructure Services Department report INS -17-028. 6. That Zone Change Application ZC17/001/V/JVW for 98, 100, 100'/2, 110 Victoria Street South and 55 Bramm Street 2373074 Ontario Limited (Momentum Developments) for the purpose of changing the zoning by removing Holding Provision 73H from the lands specified in the attached Map No.1, as outlined in Community Services Department report CSD -17-029 as "Appendix A', be approved in the form circulated at the April 3, 2017 Community and Infrastructure Services Committee meeting. 7. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Downtown Special Events, as contained in "Schedule A", to Community Services Department report CSD -17-028, with the addition of the following: July 6, Goudies Block Party #2 from 6:00 p.m. to 10:00 p.m., and July 12 and August 16, Apollo Cinema Under the Stars from 8:00 p.m. to 11:00 p.m. 8. That consideration of the following motion be deferred to the May 1, 2017 Community and Infrastructure Services Committee meeting: "That the Kitchener Fire Department Master Plan (KFDMP) attached as Appendix A to Community Services Department report CSD -17-017, be approved as the guiding document for the Kitchener Fire Department; and that staff be directed to refer implementation of the strategic and operational actions to the departmental business planning process as applicable." COUNCIL MINUTES APRIL 24, 2017 -74- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) That Bylaw Enforcement staff be delegated the authority to provide noise exemptions for small private events or public neighbourhood events, as outlined in Community Services Department report CSD -17-014. 10. That consideration of the following motion be deferred to a meeting prior to August 31, 2017; to allow time for the implementation of measures to mitigate concerns raised by area residents in advance of the lighting installation being considered by Council: `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, as outlined in Infrastructure Services Department report INS -17- 008.' 11. That the Uniform Traffic Bylaw be amended to prohibit parking at any time on the east (odd numbered) side of Forfar Avenue from Rothsay Avenue to a point 230 metres south of Rothsay Avenue, as outlined in Infrastructure Services Department report INS -17-023. 12. That the commissioning of art work by the City's 2016 Artist -in -Residence, Sarah Granskou, be approved, as outlined in Chief Administrator's Office report CAO -17-014; and further, That the Mayor and Clerk be authorized to execute the Artist -in -Residence 2016 Commission Agreement with Sarah Granskou, in a form satisfactory to the City Solicitor, such agreement encompassing the terms set out in Report CAO -17-014. 13. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Ever After Music Festival, to be held at Bingemans Centre on June 2, 3 and 4th, 2017, between the hours of 11:00 a.m. and 11:00 p.m., each day, subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from this music festival, audible in any adjacent residential neighbourhood; b) The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event; c) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas; d) The maximum decibel level (dba) audible from a residential area shall not exceed 65 dba; and, e) The event organizer will be responsible for the cost of a paid -duty Noise Officer, to be assigned specifically to this event which shall be paid in full prior to the Council date of April 24, 2017. 14. That the draft Age -Friendly Kitchener Action Plan, attached as "Appendix A" to Community Services Department report CSD -17-030, be endorsed as the City of Kitchener's guiding document for age -friendly planning, decision making and program/service delivery for older adults; and further, That the implementation of the draft Action Plan be referred to the corporate business planning process. 15. That the draft "Cycling in Kitchener - The 2016 Experience" report, as outlined in Infrastructure Services Department report INS -17-026, be endorsed; and further, That a similar report be prepared every two (2) years, to coincide with the BikeKitchener Cycling Survey. COUNCIL MINUTES APRIL 24, 2017 -75- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — That a purchase order issued to the Grand River Conservation Area (GRCA) to carry out the 5 -year Long Term Annual Monitoring Program in the amount of $500,000 in accordance with the approved Upper Blair Creek Functional Drainage Study (2009) and the Upper Blair Creek State of the Watershed (2016) recommendations, be approved, as outlined in Infrastructure Services Department report INS -17-030. That the Mayor and Clerk be authorized to execute a lease agreement, subject to the satisfaction of the City Solicitor, with Sustainable Waterloo Region for ground floor office space at City Hall municipally known as 200 King Street West, as outlined in Chief Administrator's Office report CAO -17-016. That staff continue in collaborative review of funding to Key Cultural Institutions as described in Chief Administrator's Office report CAO -17-015; and further, That the funding for the Key Cultural Institutions in Kitchener (THEMUSEUM, Kitchener - Waterloo Symphony, Kitchener -Waterloo Art Gallery) be moved from Tier 1 grants to Economic Development grants for the 2018 budget and thereafter. That staff consult on the new Zoning By-law: Component D — First Draft (Commercial and Agriculture Zones) in accordance with the requirements of the Planning Act and as further outlined in report Community Services Department report CSD -17-024. That Zoning By-law Amendment ZC16/003/P/ATP (Marisol Teijeiro) for the purpose of changing the zoning from Residential Two Zone (R-2) with Special Regulation Provision 233R to Residential Two Zone (R-2) with Special Regulation Provision 233R and Special Use Provision 459U, as outlined in Community Services Department report CSD -17-002 and in the form shown in "Site Layout — Option A3" presented at the April 3, 2017 Planning and Strategic Initiatives Committee meeting, be refused. (Dealt with under Delegations) That Official Plan Amendment Application OP15/01/A/GS for Owl Properties Inc. and the City of Kitchener requesting a change in designation from Low Rise Residential with Specific Policy Area 16 to Low Rise Residential with Specific Policy Area 36 to permit a 47 unit stacked townhouse development comprising of 40 individual lodging houses (four bedroom units), 6 two bedroom dwelling units, as well as 1 three-bedroom supervisor dwelling unit on the parcel of land specified and illustrated on Schedule `A' of Community Services Department report CSD -17-026, be refused; and further, That Zone Change Application ZC15/01A/GS for Owl Properties Inc. and the City of Kitchener requesting a change from Residential Three (R-3) with Special Use Provision 319U to Residential Six (R-6) with Special Use Provision 460U and Special Regulation provision 694R on the parcel of land specified and illustrated on Map No. 1, be refused. (Dealt with under Delegations) I:I:11011IE C14:/111191:1:11ki1:11:1e That the Heritage Kitchener 2017-2018 Work Plan, as circulated with the April 4, 2017 Heritage Kitchener Agenda, be approved. COUNCIL MINUTES APRIL 24, 2017 -76- 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 -17-071 — Dangerous Dog Designation Appeal - Kelly Council considered Finance and Corporate Services Department report FCS -17-071 (D. Saunderson), dated March 30, 2017. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Chris Kelly, wherein the Committee substitutes the Dangerous Dog Designation applied to their dog `Mack' by the Kitchener -Waterloo and North Waterloo Humane Society and assigns the Designation of Potentially Dangerous along with conditions for keeping of said dog, be ratified and confirmed." 3. FCS -17-073 —Applications for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS -17-073 (J. Evans) dated April 10, 2017. It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totaling $98,503.32 as attached to Finance and Corporate Services Department report FCS -17- 073, be approved, pursuant to Section 357 of the Municipal Act." 4. FCS -17-084 — Encroachment Agreement — Urban Design Installations — Regional Lands Council considered Finance and Corporate Services Department report FCS -17-084 (E. Mogck), dated April 18, 2017. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the Regional Municipality of Waterloo to allow urban design installations over Regional land." COUNCIL MINUTES APRIL 24, 2017 -77- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 5. FCS -17-085 — Sign Variance — 225 Thomas Slee Drive Council considered Finance and Corporate Services Committee report FCS -17-085 (D. Saunderson), dated April 18, 2017. It was resolved: "That the application of the Waterloo Region District School Board (SG 2017-001 — 225 Thomas Slee Drive) requesting permission to install a ground -supported automatic changing copy sign having a sign area of 3.1 sq.m. rather than the permitted maximum 3 sq.m.; to be located 21.8m from a residential zone rather than the required 100m. and, to be located 4.2m from the nearest intersection rather than the required 23m setback, on Block 52, Registered Plan 58M-584, 225 Thomas Slee Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit for the new ground supported sign from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the copy shall be static for a minimum of six seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11 p.m. and 6 a.m. 4. That the owner shall fulfill the above noted Condition 1 no later than September 1, 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."