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HomeMy WebLinkAboutCouncil - 2018-06-25COUNCIL MINUTES JUNE 25, 2018 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT — The meeting began with the singing of "O Canada". 2. MINUTES — On motion by Councillor Y. Fernandes, the minutes of the regular meeting held June 11, 2018 and special meetings held June 11 & June 18, 2018, as mailed to the Mayor and Councillors, were accepted. It was moved by Councillor P. Singh, seconded by Councillor Z. Janecki to grant a one-hour extension of the meeting in accordance with Section 25.4.18 of the City's Procedural By -Law. Carried unanimously. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor S. Marsh declared a pecuniary interest with respect to Official Plan Amendment Application OP17/005/W/GS and Zone Change Application ZC17014/W/GS for Breithaupt Block Inc., listed as Item 8.a. — Unfinished Business as she owns property in close proximity to the subject lands; and, Tender T18-029 Water Heaters Preventative Maintenance Inspections & Deliming Services, listed as Item B.1.ii on the Committee of the Whole agenda this date, as a member of her family is employed by the business recommended for awarding of the contract; accordingly, she did not participate in any discussions or voting regarding these matters. Councillor P. Singh declared a pecuniary interest with respect to Official Plan Amendment Application OP17/006/K/BB and Zone Change Application ZC17/018/K/BB for Drewlo Holdings for the properties municipally addressed as 471, 457, 481 & 505 King Street East and 18 & 24 Cameron Street South, listed as Clause 1 on the Planning and Strategic Initiatives Committee report as a member of his family owns property in close proximity to the subject lands; accordingly, he did not participate in any discussions or voting regarding this matter. Councillor S. Davey declared a pecuniary interest with respect to stopping prohibitions on Montcalm Drive and Old York Crescent, listed as Clause 3 on the Community and Infrastructure Services Committee report, as he owns property in close proximity to the subject lands; accordingly, he did not participate in any discussions or voting regarding this matter. Kole] LVA ILVA 0]LlIINi'll9101Ll,y:l:11a:11NN:111jrilal4�11111LlIII 5. PRESENTATIONS — 5.a. Canadian Association of Municipal Administrators (CAMA) Ms. Brenda Orchard, CAO of Lennox and Addington County, and CAMA representative for Ontario, presented the 2018 Canadian Association of Municipal Administrators Willis Award for Innovation to the City of Kitchener for Love My Hood: Kitchener's Guide to Great Neighbourhoods. 5.b. 2018 Government Fleet Expo & Conference (GFX) Ms. Denise McGoldrick, General Manager, Infrastructure Services Department, presented two awards to the City of Kitchener from the 2018 Government Fleet Expo & Conference (GFX) for the number one fleet award in the mid-size fleet category, and fifth overall. 5.c. Bee City Ms. Denise McGoldrick, General Manager, Infrastructure Services Department, presented a plaque to the City of Kitchener for completing all of the necessary requirements to become a Bee City, including the commitment to develop, restore and preserve pollinator -friendly habitats across Kitchener. COUNCIL MINUTES JUNE 25, 2018 - 101 - CITY OF KITCHENER 6. DELEGATIONS — 6.a. Corporate Services Department report COR -18-006 — Montcalm Drive Mr. Jim Misasi was in attendance to speak in support of the Fence Variance request FN 2018-002 for 66 Inwood Drive as outlined in report COR -18-006 (D. Saunderson) listed as Item B.3 on the Committee of the Whole agenda dated this date. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the application of EUROPRO (KITCHENER) GP INC. (SG 2018-006 - 101 Frederick Street/40 Weber Street East) requesting permission to replace the existing sign with a ground - supported sign having 65% (12.67 sq.m.) of the sign area being changing copy rather than the permitted maximum sign area of 30% (5.83 sq. m.), on Part Lots 2 and 4 to 9, Part Lot 38, Streets and Lanes, Part Lot 169, Plan 364, 101-127 Frederick Street/40 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit the Planning Division by September 30, 2018. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. - and - That the application of ST JAMES ROSEMOUNT UNITED CHURCH (SG 2018-007 — 171 Sherwood Avenue) requesting permission to install a ground -supported sign with two adjoining sign faces having automatic changing copy to be located 52m from a residential zone rather than the required 100m; to have the civic address located on a decorative end piece connecting the two sign faces whereas the By-law requires the civic address to be on each sign face; to legalize a second existing ground -supported sign having a height of 1.55m to encroach into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit signs having a height over 0.9m to encroach into the DVT; a distance separation from another ground -supported sign of 32m rather than the required distance separation of 50m; and, to permit the sign identified in the application as "Sign 2" to not contain the civic address whereas the By-law requires the address to be identified on ground -supported signs, on Lots 77 to 82, Lots 92 to 96 and Part Lot 97, Plan 841, 171 Sherwood Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit for the proposed business 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 graphics shall remain static for a minimum of six (6) seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11 pm and 6 a.m. 4. That the owner shall fulfil the above noted Conditions 1 to 3 no later than October 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 the decision. Failure to fulfil these conditions will result in this approval becoming null and void; and, 5. That the owner shall acknowledge that, as there is a smaller ground -supported sign located in the Driveway Visibility Triangle (DVT), the City of Kitchener reserves the right to remove the sign at any time if required, at the owner's expense. STir! That the application of JULIE and JAMES MISASI (FN 2018-002 — 66 Inwood Drive) requesting permission to construct a wooden fence having a height of 1.82m in the northerly side yard COUNCIL MINUTES JUNE 25, 2018 -102- CITY OF KITCHENER located 0.6m from the lot line abutting Glasgow Street rather than the required 1.5m, on Part Lot 23, Plan 793, being Part 1 on Reference Plan 58R-17164, 66 Inwood Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and obtain approval of a landscape plan from the City's Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the site lot line abutting Glasgow Street. All landscaping shall be completed by October 31, 2018 and shall be maintained in accordance with the approved landscape plan." Carried. 6.b. Community Services Department report CSD -18-090 — Noise Exemption Mr. Mark Bingeman was in attendance to speak in opposition to the staff recommendation as outlined in report CSD -18-090 (G. MacNeil) listed as Clause 4 on the Community and Infrastructure Services Committee report dated June 18, 2018. He requested Council reconsider the 55 maximum decibel level (dba) audible from a residential area listed as condition "d" of the recommendation. An amendment was brought forward by Councillor Y. Fernandes, seconded by Councillor J. Gazzola, to amend the decibel level from 55 dba to 65 dba. Councillor Fernandes' amendment was voted on and was LOST on a recorded voted with Mayor B. Vrbanovic, and Councillors J. Gazzola, Y. Fernandes, K. Galloway-Sealock, and F. Etherington voting in favour; and, Councillors S. Marsh, D. Schnider, Z. Janecki, S. Davey, B. loannidis, and P. Singh voting in opposition. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Marsh "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bingemans for confirmed event dates on July 20, July 21, August 19, September 7, 8 and 9 being held at 425 Bingemans Centre Drive, as outlined in the letter provided by Mark Bingeman, dated May 29, 2018, attached to Community Services Department report CSD -18-090, 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 the music events, 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(s); b) The event organizer will be responsible for the cost of a pay -duty Noise Officer, to be assigned specifically to these event(s); c) The event organizers agree to respond accordingly to requests from City staff, during the event(s), 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 55 dba; and further, That the Director of Enforcement or Designate be delegated the authority to grant exemptions to Chapter 450 (Noise) of the City of Kitchener Municipal Code to Bingemans for the proposed potential events dates being held at 425 Bingemans Centre Drive, as outlined in the letter provided by Mark Bingeman, dated May 29, 2018, attached to Community Services Department report CSD -18-090. In Favour: Councillors S. Marsh, D. Schnider, Z. Janecki, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh. JUNE 25, 2018 COUNCIL MINUTES -103- CITY OF KITCHENER Contra: Mayor B. Vrbanovic, and Councillors J. Gazzola and Y. Fernandes. Carried on a recorded vote. 6.c. Development Services Department report DSD -18-007 — Official Plan Amendment OP/17/006/K/BB Mr. Pierre Chauvin was in attendance to speak in support of the Official Plan Amendment (OPA) Application OP17/006/K/BB and Zone Change Application ZC17/018/K/BB for 471, 475, 481 & 505 King Street East and 18 & 24 Cameron Street South as outlined in report DSD -18-007 (A. Pinard) listed as Clause 1 on the Planning and Strategic Initiatives Committee report dated June 18, 2018. Mr. Peter Eglin was in attendance to speak in opposition of the proposed development suggesting the development does not include sufficient affordable housing allocation. Councillor P. Singh declared a pecuniary interest with respect to the proposed development as a member of his family owns property in the subject area. Accordingly, he did not participate in any discussion or voting regarding this matter. Moved by Councillor B. loannidis Seconded by Councillor S. Davey "That Official Plan Amendment Application OP17/006/K/BB for Drewlo Holdings Inc. requesting a change for the properties municipally addressed 471, 475, 481 & 505 King Street East and 18 & 24 Cameron Street South from Mixed Use Corridorwith Special Policy 1 to Mixed Use Corridor with Special Policy Area 6 of the King Street East Secondary Plan to permit a mixed use development with a Floor Space Ratio of 7.1 on the parcel of land specified and illustrated on Schedule'A', as outlined in Development Services Department report DSD -18-007, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -18-007 as Appendix 'A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC17/018/K/BB for Drewlo Holdings Inc. requesting a change for the properties municipally addressed 471, 475, 481 & 505 King Street East and 18 & 24 Cameron Street South from High Intensity Mixed Use Corridor zone (MU -3 with Special Regulation Provision 544R and Special Use Provision 410U) to High Intensity Mixed Use Corridor zone (MU -3 with Special Regulation Provision 719R) on the parcel of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated April 27, 2018 attached to Report DSD -18-007 as Appendix 'B' and that in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zone Change Application ZC1710181KIBB, and, That the Urban Design Brief Implementation Recommendations attached to Report DSD -18-007 as Appendix 'C', be adopted, and that staff be directed to apply the Recommendations through the Site Plan Approval process; and further, That staff be directed to work with the developer in consultation with the Ward 9 and 10 Councillors regarding the bonusing provision and the number of subsidized, affordable housing units in both multi -residential dwellings, being considered for the Drewlo Holdings Inc. application at the King Street East and Cameron Street South, rather than a cash -in -lieu contribution to the Region of Waterloo." Carried unanomously. 6.d. Official Plan Amendment Application OP17/005M/GS — Breithaupt Block 3 Council considered Community Services Department report CSD -18-051 (A. Pinard) listed as Item 8.a under Unfinished Business dated this date. Councillor S. Marsh declared a pecuniary interest with respect to the proposed development as she owns property in the subject area. Accordingly, she did not participate in any discussion or voting regarding this matter. COUNCIL MINUTES JUNE 25, 2018 -104- CITY OF KITCHENER Ms. Debbie Chapman; Ms. Dawn Parker; Ms. Michelle Buckner; Ms. Catherine Owen; and, Messrs. Peter Eglin; David Mesmer; John Ryrie; John MacDonald; and, Hal Jaeger were in attendance to speak in opposition of the proposed development. Specifically, those in opposition noted the following concerns: • Increased vehicular traffic exiting the development onto Breithaupt Street; • Setbacks from the exterior side yard and yard abutting the Janeway; • The proposed height of the development; • Insufficient public consultation and engagement; • Insufficient detailed plans for the parking garage, parking garage fapade, and parkette; and, • Lack of transition between residential neighbourhood and commercial development. Mr. Jason Martin and Mr. Craig Beattie were in attendance to speak in support of the proposed development. Mr. Beattie answered questions from members of Council relating to the public consultation and amendments to the proposed development resulting from those consultations. A motion was brought forward by Councillor Z. Janecki, seconded by Councillor Y. Fernandes to defer consideration of this matter to the August 27, 2018 Council meeting to allow time for further discussion with the neighbourhood residents, City Planners, and the developers to find a suitable solution to address the concerns raised this date. Councillor Janecki's deferral motion was voted on and was LOST on a recorded voted with Councillors J. Gazzola, Z. Janecki, Y. Fernandes, and F. Etherington voting in favour; and Mayor B. Vrbanovic, and Councillors D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh voting in opposition. In accordance with her declared pecuniary interest in this matter, Councillor S. Marsh abstained from voting. An amendment was brought forward by Councillor F. Etherington, seconded by Councillor Z. Janecki, recommending the following: that Planning staff meet with residents and the developer to consider options to the proposed height and setback of the garage from nearby homes in order to achieve a better transition between the project and the nearby neighbourhood; that a review of the building fapade treatments for the parking garage walls take place; and, that Planning staff report back to Council with the results of the site plan review. A motion that the question now be put was brought forward by Councillor B. loannidis, seconded by Councillor P. Singh. Councillor loannidis' motion was voted on and was Carried on a recorded voted with Councillors D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis and P. Singh voting in favour; and, Mayor B. Vrbanovic, and Councillors J. Gazzola, Z. Janecki, and F. Etherington voting in opposition. In accordance with her declared pecuniary interest in this matter, Councillor S. Marsh abstained from voting. Councillor Etherington's amendment was voted on and was LOST on a recorded voted with Councillors J. Gazzola, Z. Janecki, Y. Fernandes, and F. Etherington voting in favour; and, Mayor B. Vrbanovic, and Councillors D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh voting in opposition. In accordance with her declared pecuniary interest in this matter, Councillor S. Marsh abstained from voting. An amendment was brought forward by Councillor Y. Fernandes, seconded by Councillor J. Gazzola, recommending the Breithaupt Block 3 application be required to revise the design to include an appropriate transition in height to achieve better compatibility with the adjacent low rise residential zones. Councillor Fernandes' amendment was voted on and was LOST on a recorded voted with Councillors J. Gazzola, Z. Janecki, Y. Fernandes, and F. Etherington voting in favour; and, Mayor B. Vrbanovic, and Councillors D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh voting in opposition. In accordance with her declared pecuniary interest in this matter, Councillor S. Marsh abstained from voting. Moved by Councillor B. loannidis Seconded by Councillor S. Davey COUNCIL MINUTES JUNE 25, 2018 -105- CITY OF KITCHENER "That Official Plan Amendment Application OP17/005/W/GS for Breithaupt Block Inc., 2184647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, & Daniel Paul Taylor requesting a change in designation from General Industrial Employment and Low Rise Residential to Mixed Use with Specific Policy Area 39 to permit a mixed use development on the parcel of land specified and illustrated on Schedule W, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -18-055 as Appendix W, and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC17/014/W/GS for Breithaupt Block Inc., 2184647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, & Daniel Paul Taylor requesting a change from Residential Five (R-5) with Special Use Provision 129U & 411 U and Industrial Residential Zone (M-1) to High Intensity Mixed Use Corridor (MU -3) with Special Regulation Provisions 716R, 717R, & 718R and Special Use Provisions 465U and 468U on the parcel of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated March 7, 2018, attached to Report DSD -18-055 as Appendix "B"; and, That the Urban Design Brief dated February 2018, and attached to Report CSD -18-051 as Appendix "C", be adopted, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process; and, That Kitchener City Council declare as surplus to City needs and sell at fair market value to Breithaupt Block Inc. and/or 2184647 Ontario Limited, a portion of the laneway between Moore Avenue and Waterloo Street illustrated on the Map of Proposed Lane Closure, attached to Report CSD 18-051 as Appendix "D"; and, That Planning staff be directed to involve a number of interested residents who reside or own property immediately adjacent to the proposed parking garage, in the review of the building fapade treatments (elevation plan review), at the site planning stage: and further, That Planning staff be directed to involve a number of representatives from the community in the review of the design of the privately owned and maintained publically accessible parkette (amenity area) plans at the corner of Moore Avenue and Wellington Street North, at the site planning stage." Paragraph 1 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh. Contra: Councillors J. Gazzola, Z. Janecki, Y. Fernandes, and F. Etherington. Pecuniary Interest and Abstention: Councillor S. Marsh because she owns property in the vicinity of the subject lands. Paragraph 2 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh. Contra: Councillors J. Gazzola, Z. Janecki, Y. Fernandes, and F. Etherington. Pecuniary Interest and Abstention: Councillor S. Marsh because she owns property in the vicinity of the subject lands. COUNCIL MINUTES JUNE 25, 2018 -106- CITY OF KITCHENER Paragraph 3 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh. Contra: Councillors Z. Janecki, and F. Etherington. Pecuniary Interest and Abstention: Councillor S. Marsh because she owns property in the vicinity of the subject lands. Paragraph 4 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors J. Gazzola, D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh. Contra: Councillors Z. Janecki, Y. Fernandes, and F. Etherington. Pecuniary Interest and Abstention: Councillor S. Marsh because she owns property in the vicinity of the subject lands. Paragraph 5 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington, and P. Singh. Contra: Councillor Z. Janecki Pecuniary Interest and Abstention: Councillor S. Marsh because she owns property in the vicinity of the subject lands. Paragraph 6 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington, and P. Singh. Contra: Councillor Z. Janecki Pecuniary Interest and Abstention: Councillor S. Marsh because she owns property in the vicinity of the subject lands. 6.e. Development Services Department report DSD -18-018 — Fallowfield Drive Zone Change Application Council considered Development Services Department report DSD -18-018 (A. Pinard) listed as Clause 2 on the Planning and Strategic Initiatives Committee report dated June 18, 2018. COUNCIL MINUTES JUNE 25, 2018 -107- CITY OF KITCHENER Moved by Councillor B. loannidis Seconded by Councillor S. Davey "That Zone Change Application ZC17/006/F/AP for Drewlo Holdings Inc. requesting a change to the properties municipally addressed 25 & 75 Fallowfield Drive from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provision 720R and Residential Eight (R- 8) with Special Regulation Provision 721 R on the parcel of land specified and illustrated on Map No. 1 as outlined in Development Services report DSD -18-018, be approved in the form shown in the "Proposed By-law" dated April 25, 2018, attached to Report DSD -18-018 as Appendix 'A'; and that in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zone Change Application ZC17/006/F/AP; and further, That the Planning Justification Report and Urban Design Brief for 25 and 75 Fallowfield Drive, attached to Report DSD -18-018 as Appendix 'C', be adopted and provide the basis for future site development. Carried unanomously. It was moved by Councillor S. Davey, seconded by Councillor Y. Fernandes to suspend the rules of procedure to continue the meeting beyond 12:OOa.m. in accordance with Section 25.2.2 of the City's Procedural By -Law. Carried unanimously. 6.f. Infrastructure Services Department report INS -18-023 — Winter Sidewalk Maintenance Ms. Tessa Starkey, and Messrs. Daniel Brotherston and Aaron Thorpe were in attendance to speak in support of the proposed winter sidewalk maintenance plan as outlined in Infrastructure Services Department report INS -18-023 (R. Lusk) listed as Clause 1 on the Community and Infrastructure Services Committee report dated June 18, 2018. Ms. Jehan Sabry was in attendance to speak in opposition to the proposed development suggesting the City should not use by-laws to force residents to clear snow, and recommending Council find a funding source for sidewalk snow removal without increasing the tax levy. A motion was brought forward by Councillor S. Marsh, seconded by Councillor J. Gazzola to defer consideration of this matter to the August 27, 2018 Council meeting to allow time for members of Council to consider this matter more closely. Councillor Marsh's deferral motion was voted on and was LOST on a recorded voted with Councillors S. Marsh and Y. Fernandes voting in favour; and Mayor B. Vrbanovic, and Councillors J. Gazzola, D. Schnider, Z. Janecki, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh voting in opposition. A motion was brought forward by Councillor K. Galloway-Sealock, seconded by Councillor S. Davey, that components B, C, and D of the staff recommendation be deferred to May 2019; that, component A (Proactive By-law) be implemented across the City as a 1 -year pilot, with a report back to Council in May 2019; and, that component E (Partnership Grant) be implemented as outlined in report INS -18- 023. Paragraph 1 (component B, C, D — Deferral) — Carried on a recorded vote. In Favour: Councillors D. Schnider, Z. Janecki, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington, and P. Singh. Contra: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Marsh, and Y. Fernandes. COUNCIL MINUTES JUNE 25, 2018 -108- CITY OF KITCHENER Paragraph 2 (component A — 1 -year pilot program implementation) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors S. Marsh, D. Schnider, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington, and P. Singh. Contra: Councillor J. Gazzola. Paragraph 3 (component E — Partnership Grant) — Carried unanimously on a recorded vote. 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — June 18, 2018 Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Marsh "That Clauses 2, 3 and 5-11 of the report of the Community and Infrastructure Services Committee dated June 18, 2018 be adopted." Councillor J. Gazzola requested Clauses 2, 8, 10, and 11 of the Community and Infrastructure Services Committee report be voted on separately on a recorded vote. Clause 2 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors S. Marsh, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh. Contra: Councillors J. Gazzola, Z. Janecki, and F. Etherington. Clause 3 — Carried. Pecuniary Interest and Abstention: Councillor S. Davey because he owns property in the vicinity of the subject lands. Clause 8 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors S. Marsh, D. Schnider, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillor J. Gazzola. Clause 10 — Carried unanimously on a recorded vote. Clause 11 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Marsh, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh. COUNCIL MINUTES JUNE 25, 2018 _109- CITY OF KITCHENER Contra: Councillor Z. Janecki. Balance of report — Carried. 7. REPORTS OF COMMITTEES — PLANNING AND STRATETGIC INITIATIVES COMMITTEE — June 18, 2018 Moved by Councillor B. loannidis Seconded by Councillor S. Davey "Thatthe balance of the Planning and Strategic Initiatives Committee report dated June 18, 2018 be adopted." Councillor J. Gazzola requested Paragraph 4 of Clause 3 of the Planning and Strategic Initiatives Committee report be voted on separately on a recorded vote. Clause 3 (Paragraph 4) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, and P. Singh. Contra: Councillors J. Gazzola, S. Marsh, Z. Janecki, Y. Fernandes, and F. Etherington. Balance of Clause 3 — Carried. 7. REPORTS OF COMMITTEES — HERITAGE KITCHENER COMMITTEE — June 5, 2018 Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That the report of the Heritage Kitchener Committee dated June 5, 2018 be adopted." 7. REPORTS OF COMMITTEES —AUDIT COMMITTEE — June 11, 2018 Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That the report of the Audit Committee dated June 11, 2018 be adopted." Carried. Carried. 8. UNFINISHED BUSINESS 8.a. Official Plan Amendment Application OP17/005/W/GS Dealt with under Delegations. 9. NEW BUSINESS — NIL 10. QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add 8 additional by-laws forthree readings this date relating to various zoning by-law amendments listed as Item 8.a — Unfinished Business, and Clauses 1, 2 and 3 on the Planning and Strategic Initiatives Committee report as well as by-laws regarding Ontario's Main Streets Revitalization Fund Initiative, and a transfer agreement, Ontario Government's COUNCIL MINUTES JUNE 25, 2018 _110- CITY OF KITCHENER Development Charges Rebate Program, listed respectively as Items B.2 and B.7 on Committee of the Whole agenda. Moved by Councillor Y. Fernandes Seconded by Councillor P. Singh a. Tofu rther 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. 2018-061) b. To further amend By-law No. 2008-117, being a by-law to authorize certain on - street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2018-062) C. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2018-063) d. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2018-064) e. Being a by-law with respect to special events on city roads — temporary closing of City roads. (By-law No. 2018-065) Being a by-law with respect to boulevard beautification and maintenance. (By-law No. 2018-066) g. Being a by-law to amend By-law 73-90, as amended, to authorize participation in the Ontario Municipal Employees Retirement System. (By-law No. 2018-067) h. To confirm all actions and proceedings of the Council. (By-law No. 2018-068) i. Being a by-law to authorize The Regional Municipality of Waterloo to execute a Transfer Payment Agreement and to administer the Ontario Government's Development Charges Rebate Program on behalf of the City of Kitchener. (By-law No. 2018-069) j. Being a by-law to adopt Amendment No. 2 to the Official Plan. (By-law No. 2018-070) k. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener— Breithaupt Block Inc. 2814647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, Daniel Paul Taylor — Breithaupt Block Phase 3. (By-law No. 2018-071) I. Being a by-law to adopt Amendment No. 111 to the Official Plan. (By-law No. 2018-072) M. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Drewlo Holdings Inc., 471, 475, 481 & 505 King Street East, 18 to 24 Cameron Street South. (By-law No. 2018-073) COUNCIL MINUTES JUNE 25, 2018 -111 - CITY OF KITCHENER n. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Drewlo Holdings Inc., - 25 and 75 Fallowfield Drive. (By-law No. 2018-074) o. Being a by-law to adopt Amendment No. 3 to the Official Plan. (By-law No. 2018-075) P. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Schlegel Urban Development Corp. — 1940 Fischer Hallman Road. (By-law No. 2018-076) q. Being a by-law of the Corporation of the City of Kitchener to enter into an agreement with the Association of Municipalities of Ontario to participate in Ontario's Main Street Revitalization Initiative. (By-law No. 2018-077) be taken as read a third time, be finally passed and numbered serially by the Clerk." 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 Y. Fernandes as Chair. Council agreed to the request of Ms. C. Tarling, City Clerk, to add 2 additional items for consideration emanating from the In -camera meeting dated this date with respect to a Labour Relations (Kitchener Professional Fire Fighters Association) matter and a Land Acquisition/Disposition / Solicitor -Client Privilege (Centre Block) matter. 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 — Tenders In accordance with Councillor Marsh's previously declared pecuniary interest, Tender T18-029 listed as Committee of the Whole Item B.1.ii, was voted on separately; and accordingly she did not take part in any discussion or voting regarding that matter. Moved by Councillor S. Davey Seconded by Mayor B. Vrbanovic "That Tender T18-003 Doon Pioneer Park Community Centre — Alterations and Expansion, be awarded to Gateman-Milloy Inc., Kitchener, Ontario, at their tendered price of $3,973,542., less negotiated items of $496,000. plus H.S.T. of $452,080.46, for a total of $3,929,622.46." 95STe.e "That Tender T18-029 Water Heaters Preventive Maintenance Inspections & De -Liming Services, be awarded to Steadfast Gas Services, Kitchener, Ontario, at their tendered price of COUNCIL MINUTES JUNE 25, 2018 -112- CITY OF KITCHENER $346,250. plus H.S.T. of $45,012.50, for a total of $391,262.50, for a one (1) year term, with an option to renew for four (4) additional twelve (12) month terms." 95STee "That Tender T18-005 RBJ Schlegel Park — Park and Sportsfield Construction, be awarded to Gateman-Milloy Inc., Kitchener, Ontario, at their tendered price of $8,516,517.12, plus provisional items of $182,905., plus H.S.T. of $1,130,924.88, for a total of $9,830,347." - and - "That Tender T18-068 Sale of Industrial Lot on Strasburg Road, be awarded to 2140221 Ontario Inc., Kitchener, Ontario, and; That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with 2140221 Ontario Inc., for their acquisition of the City's parcel of land, legally described as PART LOT 17, RCP 1471, BEING PARTS 1 & 2 ON, 58R-6642, S/T 1004437; S/T 1487182 [being all of PIN 22607-0040 (LT)]; AND PART LOT 1, RCP 1382, BEING PART 8 ON 58R-12866, SAVE & EXCEPT PART 1 ON 58R-15153 [being all of PIN 22607-1238 (LT)]; City of Kitchener, Regional Municipality of Waterloo, consisting of approximately 37.6 acres, at a total purchase price of $3,915,000. plus H.S.T.; said agreement to be to the satisfaction of the City Solicitor; and further; That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, said documentation to be satisfactory to the City Solicitor." - and - "That Tender T18-073 Kolb Creek Culvert Replacement, be awarded to Sierra Infrastructure Inc., Woodstock, Ontario at their tendered price of $547,614.50 including provisional items and contingencies of $35,000., plus H.S.T. of $71,189.90, for a total of $618,804.40." Carried. 2. DSD -18-033 — Ontario's Main Streets Revitalization Fund Initiative It was resolved: "WHEREAS the Municipality wishes to enter into an Agreement in order to participate in Ontario's Main Streets Revitalization Initiative; AND WHEREAS the Municipality acknowledges that Funds received through the Agreement must be invested in interest bearing reserve account until the earliest of expenditure or March 31, 2020; Now THEREFORE, the Council of the CITY OF KITCHENER, a municipal corporation pursuant to the Municipal Act, 2001; ENACTS AS FOLLOWS That the Mayor and Clerk are hereby authorized to execute the Municipal Funding Agreement for the transfer of Main Streets Revitalization Initiatives Funds between the Association of Municipalities of Ontario and the CITY OF KITCHENER as in Schedule A attached hereto. Schedule A shall form part of this by-law." 3. COR -18-006 — Sign Variances — 101-127 Frederick Street/40 Weber Street East and 171 Sherwood Avenue & Fence Variance — 66 Inwood Drive Dealt with under Delegations 4. COR -18-007 — Encroachment Request — Street Lighting in Belmont Village COUNCIL MINUTES JUNE 25, 2018 -113- CITY OF KITCHENER It was resolved: "Subject to staff comments, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the Belmont BIA for electrical wiring and conduit encroaching over/under the City's road allowance in Belmont Village." 5. COR -18-008 — Encroachment Request — Canopies Projecting Over Sidewalk at 51 David Street It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner and any mortgagee(s) of the property municipally known as 51 David Street to permit canopies that will project over the City's sidewalk." 6. COR -18-009 — Encroachment Request — Williamsburg Public School — Structure Over Commonwealth Park It was resolved: "Subject to staff comments, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the Waterloo Region District School Board for play structures and features encroaching over Commonwealth Park near Williamsburg Public School." 7. DSD -18-056 — Development Charges Rebate Program Implementation It was resolved: "That the Region of Waterloo, as the Service Manager for Housing, be authorized by by- law to execute the transfer agreement and to administer the Ontario Government's Development Charges Rebate Program on behalf of the City of Kitchener; and, That City of Kitchener participates in the administration of the program as outlined in a Report DSD -18-056; and, That the Mayor and Clerk be authorized to execute an agreement with the Region of Waterloo that outlines the roles and responsibilities in the administration of the program; and further, That rebates be allocated in accordance with the process and selection criteria outlined in this report." 8. COR -18-003 — Delegated Authority — "Lame Duck" Council It was resolved: "That, in the event the provisions of Section 275 of the Municipal Act, as amended, come into force and effect between Nomination Day and the end of the outgoing Council's term, the Chief Administrative Officer is granted authority to approve expenditures or other liabilities which are currently unbudgeted and with a value in excess of $50,000.00; and, That the Mayor and Clerk be authorized to execute Agreements that have been approved by the Chief Administrative Officer during this period, subject to the satisfaction of the City Solicitor; and further, That any approvals granted by the Chief Administrative Officer during this period be reported to Council for information at the earliest opportunity following the Inaugural Meeting of the new Council." COUNCIL MINUTES JUNE 25, 2018 -114- CITY OF KITCHENER 9. COR -18-004 — Municipal Election Compliance Audit Committee (MECAC) It was resolved: "That participation on the Municipal Election Compliance Audit Committee and the Terms of Reference attached as Appendix " A" to Corporate Services Department report COR - 18 -004, be approved; and, That the City Clerk shall appoint members of the Municipal Election Compliance Audit Committee, in consultation with the Clerks of the other participating municipalities; and further, That remuneration of $175 per diem plus the applicable mileage rate be approved for members of the Municipal Election Compliance Audit Committee." 10. Labour Relations (Kitchener Professional Fire Fighters Association) It was resolved: "That the terms and conditions contained in the Memorandum of Settlement dated June 21, 2018 to establish the 2018-2020 Collective Agreement with Kitchener Professional Fire Fighters Association (KPFFA) be approved subject to confirmation that the KPFFA membership ratifies the Memorandum of Settlement; and further, That the Mayor and Clerk be authorized to execute documentation arising there from." 11. Land Acquisition/Disposition / Solicitor -Client Privilege (Centre Block) It was resolved: "That the Mayor and Council be authorized to execute any amendments required to any of the agreements entered into with Andrin City Centre One Limited, now Andrin Next Limited, pertaining to the Centre Block Development to release the City's ownership interest in all or any portion of Parts 1 and 5 on Reference Plan 58R-17981 retained originally for the purpose of parking, as well as any other changes which, as a result of change in circumstances, require adjustments; said amendments to be satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to convey to Andrin Next Limited all or any portion of Parts 1, 4 and 5 on Reference Plan 58R-17981; said documentation to be to the satisfaction of the City Solicitor. 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. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. 14. BY-LAWS (THIRD READING) - Moved by Councillor Y. Fernandes Seconded by Councillor P. Singh COUNCIL MINUTES JUNE 25, 2018 -115- CITY OF KITCHENER "That the by-laws be given third reading, namely: a. Tofu rther 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. 2018-061) b. To further amend By-law No. 2008-117, being a by-law to authorize certain on - street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2018-062) C. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2018-063) d. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2018-064) e. Being a by-law with respect to special events on city roads — temporary closing of City roads. (By-law No. 2018-065) f. Being a by-law with respect to boulevard beautification and maintenance. (By-law No. 2018-066) g. Being a by-law to amend By-law 73-90, as amended, to authorize participation in the Ontario Municipal Employees Retirement System. h. To confirm all actions and proceedings of the Council. (By-law No. 2018-067) (By-law No. 2018-068) i. Being a by-law to authorize The Regional Municipality of Waterloo to execute a Transfer Payment Agreement and to administer the Ontario Government's Development Charges Rebate Program on behalf of the City of Kitchener. (By-law No. 2018-069) j. Being a by-law to adopt Amendment No. 2 to the Official Plan. (By-law No. 2018-070) k. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener— Breithaupt Block Inc. 2814647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, Daniel Paul Taylor — Breithaupt Block Phase 3. (By-law No. 2018-071) I. Being a by-law to adopt Amendment No. 111 to the Official Plan. (By-law No. 2018-072) COUNCIL MINUTES JUNE 25, 2018 -116- CITY OF KITCHENER M. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Drewlo Holdings Inc., 471, 475, 481 & 505 King Street East, 18 to 24 Cameron Street South. (By-law No. 2018-073) n. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Drewlo Holdings Inc., - 25 and 75 Fallowfield Drive. (By-law No. 2018-074) 1). Being a by-law to adopt Amendment No. 3 to the Official Plan. (By-law No. 2018-075) p. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Schlegel Urban Development Corp. — 1940 Fischer Hallman Road. (By-law No. 2018-076) �. Being a by-law of the Corporation of the City of Kitchener to enter into an agreement with the Association of Municipalities of Ontario to participate in Ontario's Main Street Revitalization Initiative. (By-law No. 2018-077) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 1:27 a.m. AYOR ERK COUNCIL MINUTES JUNE 25, 2018 -117- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — JUNE 18, 2018 1. That components B, C, and D, of the proposed winter sidewalk maintenance program as outlined in Infrastructure Services Department report INS -18-023 be deferred to May 2019; and, That component A be implemented across the City as a one year pilot project with staff reporting back to Council in May 2019; and further, That component E be implemented as outlined in the report. (Dealt with under Delegations) That a grant in the amount of $10,000. to be funded from the Capital Contingency Reserve, to establish a fund for up to ten community shared snow blowers at the contribution limit of $500. each, including costs to administer, communicate, monitor and evaluate a shared snow blower pilot initiative to provide residents with a resident -led, city -supported opportunity to help one another to clear snow from sidewalks and driveways. (Carried on a recorded vote) That the stopping prohibition on Monday to Friday from 8:00 a.m. to 4:30 p.m. on the north (even -numbered) side of Montcalm Drive be extended an additional 50 metres westerly to Tecumseh Crescent, as outlined in Development Services Department report DSD -18-042; and, That stopping be prohibited on Monday to Friday from 8:00 a.m. to 4:30 p.m. on the south (odd - numbered) side of Montcalm Drive from Old York Crescent to a point 70 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bingemans for confirmed event dates on July 20, July 21, August 19, September 7, 8 and 9 being held at 425 Bingemans Centre Drive, as outlined in the letter provided by Mark Bingeman, dated May 29, 2018, attached to Community Services Department report CSD -18-090, 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 the music events, 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(s); b) The event organizer will be responsible for the cost of a pay -duty Noise Officer, to be assigned specifically to these event(s); c) The event organizers agree to respond accordingly to requests from City staff, during the event(s), 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 55 dba; and further, That the Director of Enforcement or Designate be delegated the authority to grant exemptions to Chapter 450 (Noise) of the City of Kitchener Municipal Code to Bingemans for the proposed potential events dates being held at 425 Bingemans Centre Drive, as outlined in the letter provided by Mark Bingeman, dated May 29, 2018, attached to Community Services Department report CSD -18-090. (Dealt with under Delegations) That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, as outlined in Community Services Department report CSD -18-092, with the Kitchener -Waterloo Gymnastics Club (an affiliated minor sport group) to provide a 5 -year interest free loan of up to $75,000. to install an air conditioning system for the organization's COUNCIL MINUTES JUNE 25, 2018 -118- CITY OF KITCHENER training space located at the Twin Cities Gymnastics/Judo Training Centre, municipally addressed as 805 Victoria Street South, Kitchener. That the 'Financial Plan — Kitchener Water Distribution System', as outlined in Infrastructure Services Department report INS -18-029, be approved as it demonstrates the financial viability of the Kitchener drinking water system in accordance with Ontario Regulation 453/07 (Financial Plans) under Subsection 30 of the Safe Drinking Water Act. That the Brownfield Remediation Program Application for 1 Adam Street, received from 1841362 Ontario Ltd., as outlined in Development Services Department report DSD -18-031, be approved; and, That in exchange for a completed and filed Record of Site Condition for the subject property, the owner will be provided a phased tax incremental grant on the phased redevelopment of the property in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment applied on the basis of the six redevelopment phases; and, That the City Tax Increment be defined as the difference between the City portion of real property taxes for the 2011 taxation year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) determined for each phase following completion of the redevelopment of each phase, as compensation for the remediation of the above subject property; and, That the total maximum City Tax Incremental Grant for all phases combined is not to exceed $2,025,687. payable in phases over a 10 -year period; and, That the Region of Waterloo be circulated a copy of any decision made by Kitchener City Council regarding this application; and further, That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Waterloo and 1841362 Ontario Inc., to implement the provisions of the Brownfield Remediation Program for 1 Adam Street, as outlined in Report DSD -18-031. That a By-law, as outlined in Community Services Department report CSD -18-016, be enacted to allow residents flexibility in using different materials, ground cover and plantings as an alternative to sod on city boulevards. (Carried on a recorded vote) That the By-law (Special Event Permit), attached to Development Services Department report DSD -18-043, be adopted; and, That Council Policy #MUN-STR-1230, formerly Policy #1-1230 'Temporary Closure — City Streets', be repealed and replaced by Chapter Special Event By-law; and, That an updated Love My Hood Street Party Events Program be approved, as outlined in Report DSD -18-043; and further, That consideration of a Special Event permit fee be referred to the fees and charges review of the 2019 budget process. 10. That $550,000. be added to the Doon Pioneer Park expansion budget to address the project over -expenditure, as outlined in Community Services Department report CSD -18-086; and, That funding for the over -expenditure be considered and referred to the 2019 Development Charges Background Study, and the 2019 Capital Budget & Forecast. (Carried unanimously on a recorded vote) 11. That the Mayor and Clerk be authorized to execute agreements, subject to the satisfaction of the City Solicitor, with the Waterloo Region District School Board for the construction and ownership arrangements of a joint facility to include at least a school and a community centre COUNCIL MINUTES JUNE 25, 2018 -119- CITY OF KITCHENER on their Tartan Avenue property, as outlined in Community Services Department report CSD - 18 -089; and, That the Mayor and Clerk be authorized to execute any agreements, subject to the satisfaction of the City Solicitor, necessary to operate the joint facility including common facilities and operating agreements; and further, That funding for the City's share of the project be included in the 2019 Development Charges Background Study, and the 2019 Capital Budget & Forecast. (Carried on a recorded vote) PLANNING AND STRATEGIC INITIATIVES COMMITTEE —JUNE 18, 2018 That Official Plan Amendment Application OP17/006/K/BB for Drewlo Holdings Inc. requesting a change for the properties municipally addressed 471, 475, 481 & 505 King Street East and 18 & 24 Cameron Street South from Mixed Use Corridorwith Special Policy 1 to Mixed Use Corridor with Special Policy Area 6 of the King Street East Secondary Plan to permit a mixed use development with a Floor Space Ratio of 7.1 on the parcel of land specified and illustrated on Schedule'A', as outlined in Development Services Department report DSD -18-007, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -18-007 as Appendix 'A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC17/018/K/BB for Drewlo Holdings Inc. requesting a change for the properties municipally addressed 471, 475, 481 & 505 King Street East and 18 & 24 Cameron Street South from High Intensity Mixed Use Corridor zone (MU -3 with Special Regulation Provision 544R and Special Use Provision 410U) to High Intensity Mixed Use Corridor zone (MU -3 with Special Regulation Provision 719R) on the parcel of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated April 27, 2018 attached to Report DSD -18-007 as Appendix 'B' and that in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zone Change Application ZC1710181KIBBI and, That the Urban Design Brief Implementation Recommendations attached to Report DSD -18-007 as Appendix 'C', be adopted, and that staff be directed to apply the Recommendations through the Site Plan Approval process; and further, That staff be directed to work with the developer in consultation with the Ward 9 and 10 Councillors regarding the bonusing provision and the number of subsidized, affordable housing units in both multi -residential dwellings, being considered for the Drewlo Holdings Inc. application at the King Street East and Cameron Street South, rather than a cash -in -lieu contribution to the Region of Waterloo. That Zone Change Application ZC17/006/F/AP for Drewlo Holdings Inc. requesting a change to the properties municipally addressed 25 & 75 Fallowfield Drive from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provision 720R and Residential Eight (R- 8) with Special Regulation Provision 721 R on the parcel of land specified and illustrated on Map No. 1 as outlined in Development Services report DSD -18-018, be approved in the form shown in the "Proposed By-law" dated April 25, 2018, attached to Report DSD -18-018 as Appendix 'A'; and that in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zone Change Application ZC17/006/F/AP; and further, That the Planning Justification Report and Urban Design Brief for 25 and 75 Fallowfield Drive, attached to Report DSD -18-018 as Appendix 'C', be adopted and provide the basis for future site development. (Dealt with under Delegations) That Official Plan Amendment Application OP17/007/H/KA for Schlegel Urban Developments Corp. requesting a change to the properties municipally addressed 1940 Fischer Hallman Road, 163 Plains Road & 780 Huron Road to the Urban Structure Identification and Land Use Designations as outlined in Development Services Department report DSD -18-021, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -18-021 as Appendix COUNCIL MINUTES JUNE 25, 2018 -120- CITY OF KITCHENER 'A', for the lands specified and illustrated as the "Area of Amendment" on Schedules A and B thereto, and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC17/019/H/KA for Schlegel Urban Development Corp., be approved, as amended, in the "Proposed By-law", as circulated at the June 18, 2018 Planning and Strategic Initiatives Committee meeting, and "Map No. 1" attached to Report DSD 18-021 as Appendix 'B'; and that in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zone Change Application ZC17/019/H/KA; and, That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990, Chapter P 13, as amended, and Delegation By-law 2002-64, hereby modifies the conditions of draft approval for Plan of Subdivision Application 30T-07205, in the City of Kitchener, for Schlegel Urban Developments Corp., as attached to Report DSD 18-021 as Appendix 'C'; and further, That staff be directed to proceed with the Privately Owned and Maintained Publically Accessible (POMPA) Parks concept, in accordance with the discussion contained in Report DSD 18-021, and subject to Conditions of Draft Plan Approval as attached to Report DSD 18-021 as Appendix 'C'; that the Mayor and Clerk be authorized to execute agreements which may be necessary to implement the POMPA Parks concept; and that Council deem the deferred dedication of parkland, as contemplated in the POMPA Park concept, to comply with Parkland Dedication Policy (1-1074). (Carried on a recorded vote) HERITAGE KITCHENER COMMITTEE —JUNE 5, 2018 That pursuant to Sections 30(2), 33 and 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2018-IV-010 be approved to permit the demolition of all additions on the 19th century stone farmhouse located on the property municipally addressed as 710 Huron Road, known as the Grant House; the repair and reinforcement of the original stone walls of the Grant House; and the relocation of the original Grant House to the property to be municipally addressed as 68 Saddlebrook Court, as outlined in Development Services Department report DSD -18-037, and in accordance with the supporting information submitted with the application and subject to the following conditions: a. That the owner fulfill their obligations with regard to the relocation of the Grant House, in accordance with the heritage covenant agreement registered on title of 710 Huron Road; and, b. That the final details of the method of moving the stone farmhouse be reviewed and heritage clearance be provided by heritage planning staff prior to the issuance of a building permit. AUDIT COMMITTEE—JUNE 11, 2018 That the 2017 Audited Consolidated Financial Statements of the City of Kitchener be approved.