HomeMy WebLinkAboutCouncil Minutes - 2019-04-29COUNCIL MINUTES
APRIL 29, 2019 CITY OF KITCHENER
The Council of the City of Kitchener met this date at 7:05 p.m. with all members present
1. COMMENCEMENT —
The meeting began with the singing of "O Canada".
2. MINUTES —
On motion by Councillor M. Johnston, the minutes of the regular meeting held April 1, 2019 and special
meetings held April 1 & 15, 2019, 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 the New Zoning By-law (CRoZBy) —
Stage 1 — Non -Residential Zones as listed as Item 1 on the Planning and Strategic Initiatives Committee
report dated April 15, 2019, as members of his family owns property within the proposed Urban Growth
Centre (UGC) zone. Councillor S. Marsh declared a pecuniary interest with respect to the New Zoning
By-law (CRoZBy) — Stage 1 — Non -Residential Zones, as listed as Item 1 on the Planning and Strategic
Initiatives Committee report dated April 15, 2019, as she owns a unit within the property municipally
addressed 100 Victoria Street. Accordingly, they did not participate in any discussions or voting
regarding these matters.
4. COMMUNICATIONS REFERRED TO FILE
a. Flag Request under Policy MUN-FAC-442:
• Eritrean -Canadian Community of Kitchener -Waterloo and Area — May 23 -May 30, 2019.
5. PRESENTATIONS
5.a. Cultural Institutions — Recent Successes and Upcoming Initiatives
Denis Longchamp, Executive Director, Canadian Clay and Glass Gallery; Shirley Madill, Executive
Director, Kitchener -Waterloo Art Gallery; Andrew Bennett, Executive Director, Kitchener Waterloo
Symphony; and, David Marskell, Executive Director, THEMUSEUM, were in attendance to provide an
overview of recent successes and upcoming initiatives for each of their institutions.
6. DELEGATIONS
6.a. Downtown Kitchener BIA and Belmont BIA Budgets, Referenced in the 2019 Tax Rate By-
law
Council considered Financial Services Department report FIN -19-032 (S. Saleh) dated April 4, 2019 listed
as Item B.2. on the Committee of the Whole agenda dated this date.
Ms. Linda Jutzi, Executive Director, Downtown Kitchener BIA, was in attendance to address Council in
support of the motion. Ms. Jutzi spoke to various aspects of the 2018 Downtown Kitchener BIA budget
and its audited financial statements, and highlighted a waste diversion program scheduled for 2019.
Moved by Councillor S. Marsh
Seconded by Councillor B. loannidis
"That the 2019 Budgets for the Downtown Kitchener BIA and the Belmont BIA be approved
pursuant to Section 2015 (2) of the Municipal Act, 2001."
Carried.
6.b. Old Chicopee Drive
Mr. Alfonzo Roache, was not in attendance to speak to the motion. Dealt with under Reports of
Committees.
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APRIL 29, 2019 -71- CITY OF KITCHENER
6.c. Sustainable Urban Forest Strategy
Council considered Infrastructure Services Department report INS -19-008 (N. Lobley) listed as Item 8 on
the Community and Infrastructure Services Committee report dated April 15, 2019.
Ms. Kate Lawson, was in attendance to address Council in support of the motion. Ms. Lawson
highlighted municipal best practices related to urban forest protection by citing the programs of the
Cities of Toronto, Guelph and Vancouver.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor D. Schnider
"That Kitchener's Sustainable Urban Forest Strategy (2019-2028), attached as Appendix 'A' to
Infrastructure Services Department report INS -19-008, be approved as the City's guiding
document for planning, engaging, maintaining, protecting and planting Kitchener's urban forest;
and,
That the Implementation Plan, for the Sustainable Urban Forest Strategy, contained within this
report be received; and,
Consideration of the recommendations herein be referred to the departmental business planning
process and future budget processes; and,
That staff be directed to provide a grant of up to $40,000 a year as approved in the 2019 budget,
to REEP Green Solutions to deliver a subsidised tree planting program in 2019, 2020 and 2021;
and further,
That staff be directed to investigate providing stormwater credits for trees located on private
property through the development of the stormwater utility market incentive program, and a
report back to Council with possible options within the first quarter of 2020."
Carried.
6.d. New Zoning By-law (CRoZBy) — Stage 1 — Non Residential Zones
Mr. Brandon Sloan, Manager of Long Range & Policy Planning, was in attendance to speak to the
report. Mr. Sloan proposed two staff amendments and Council agreed to include the following in the
recommendation:
• That consideration of the zoning of 108 Ahrens Street West be deferred to a future stage of the
new Zoning By -Law; and,
• That the new Zoning By -Law (Stage 1) be amended to add site-specific provision (158) to be
applied to 72 St. Leger Street.
Mr. Brandon Flewwelling, GSP Group Inc. addressed Council in support of the staff amendments
relating to 108 Ahrens Street West and 72 St. Leger Street, as presented.
Mr. Hal Jaeger, area resident, addressed Council to raise concerns with the proposed MIX -2 and MIX -
3 zoning transitions as they relate to properties that abut low-rise residential zones. He suggested site-
specific provisions or modifications to the zoning by-law through a consultative process, which could
occur through the review of specific neighbourhoods (e.g., current process of reviewing secondary plan
areas) and/or future stages of the new Zoning By -Law.
The following amendment was brought forward by Councillor S. Marsh, seconded by Councillor D.
Chapman:
"That to further address and ensure an appropriate transition of maximum building height between
adjacent and proximate zones, Planning staff prepare site-specific provisions or modifications to
the zoning by-law through a consultative process. This may occur through the review of specific
neighbourhoods (e.g., current process of reviewing secondary plan areas) and/or future states of
the new Zoning By -Law."
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APRIL 29, 2019 -72- CITY OF KITCHENER
Ms. Heather Price, GSP Group Inc.; Major Steven Cameron; and, Ms. Corrine Cameron addressed
Council with respect to 525 Erinbrook Drive. Ms. Price indicated there are currently development
applications related to 525 Erinbrook Drive, with the intent to develop the land into low-rise residential.
She specifically noted concerns with the proposed institutional zoning and suggested the proposed
zoning provisions in a legal non -conforming designation. She requested the zoning for this property be
designated in the Official Plan Amendment as low-rise residential.
Mr. Brandon Sloan, advised staff would prefer to move forward with the proposed institutional zoning.
He highlighted a proposed transitional period that would allow any existing development applications
to proceed for three years and would result in a legal non -conforming designation.
An amendment was brought forward by Councillor P. Singh, seconded by Councillor C. Michaud, that the
retained parcel at 525 Erinbrook Drive be deferred to a future stage of the residential zoning review to
allow additional time for current development applications to proceed.
Ms. Heather Price, GSP Group Inc., spoke to the proposed bonusing framework and the connection to
the urban growth centre zones. Ms. Price suggested section 6 of the urban growth centre zones and
associated official plan amendment should be deferred along with the proposed bonusing framework
to the May 13, 2019 Planning and Strategic Initiatives Committee meeting.
Mr. Brandon Sloan, advised staff would prefer to see the official plan amendment proceed as
recommended.
An amendment was brought forward by Councillor B. loannidis, seconded by Councillor D. Schnider, that
Section 6: Urban Growth Centre Zones (and all the properties to which it applies) of the Zoning By -Law
and related Oficial Plan Amendment be deferred to the May 13, 2019 Planning and Strategic Initiatives
Committee meeting to allow for further discussion in relation to the Section 4.3: Bonusing provisions.
Ms. Michelle DesRosiers, D.G.F. Group of Companies, spoke in support of the mix -used zoning for the
following property: 491 Highland Road. Ms. DesRosier requested that the zoning on 525 and 563
Highland Road West be deferred until the May 27, 2019 Council meeting to complete a review of the
economic impact of the following regulations:
• Section 15. D.5.17 (b) of the Official Plan:
o Dwelling units will be permitted provided they are located in the same building as
compatible commercial uses and are not located on the ground floor.
• Regulation 3 in table 9-1 in the COM -2 zoning:
o A dwelling unit shall be located within a mixed-use building containing at least 1 other
permitted use... and except for access, shall not be located on the ground floor.
An amendment was brought forward by Councillor M. Johnston, seconded by Councillor C. Michaud, that
the proposed zoning for 525 and 563 Highland Road West be deferred to the May 27, 2019 Council
meeting to allow additional consultation with staff.
Ms. Jane Pellar and Mr. Nicholas Spence, area residents, appeared before council to speak in support
of the amendment related to building transitions related to residential zones.
Mr. Chris Pigeon, GSP Group Inc., representing Schlegel Urban Developments Corp, was in
attendance to request council defer consideration of the following properties for additional review of the
implications of the draft Zoning By -Law on parking; electric vehicle parking; mixed use zoning; and
urban area deferral, to the May 27, 2019 Council meeting:
• 1170-1178 Fischer -Hallman Road and 1111 Westmount Road East;
• 1191, 1193, 1188, 1255-1291, 1187, 1201-1205 and 1940 Fischer -Hallman Road;
• 1415 and 1384 Huron Road;
• 315-325 Max Becker Drive;
• 236 Gehl Place;
• 628 New Dundee Road (PLAN 58M528 BLK 111); and,
• Robert Ferrie Drive corner KITCHENER BEASLEY'S NEW SURVEY PT LOT 1 RP
58R17216 PTS 2 AND 3.
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APRIL 29, 2019 -73- CITY OF KITCHENER
An amendment was brought forward by Councillor C. Michaud, seconded by Councillor K. Galloway-
Sealock, that the following properties (Schlegel Urban Developments Corp) be deferred to the May 27,
2019 Council meeting to allow for additional review of the implications of the draft Zoning By -Law on
parking; electric vehicle parking; mixed use zoning; and urban area deferral:
• 1170-1178 Fischer -Hallman Road and 1111 Westmount Road East;
• 1191, 1193, 1188, 1255-1291, 1187, 1201-1205 and 1940 Fischer -Hallman Road;
• 1415 and 1384 Huron Road;
• 315-325 Max Becker Drive;
• 236 Gehl Place;
• 628 New Dundee Road (PLAN 58M528 BLK 111);
• Robert Ferrie Drive corner KITCHENER BEASLEY'S NEW SURVEY PT LOT 1 RP
58R17216 PTS 2 AND 3;
• 41 Ardelt Place (known as "LOT 42"); and,
• 353 Manitou Drive.
An amendment was brought forward by Councillor M. Johnston, seconded by Councillor S. Marsh, that
save and except for 525 Erinbrook Drive, and Section 4.3: Bonusing which have been deferred to the May
13, 2019 Planning and Strategic Initiatives Committee meeting, all properties left for consideration be
deferred to the May 27, 2019 Council meeting.
Moved by Councillor S. Marsh
Seconded by Councillor D. Chapman
"That the City -initiated Official Plan Amendment attached to Development Services Department
report DSD -19-049 as Appendix 'C', which is associated with the new Zoning By-law (Stage 1),
be adopted and accordingly forwarded to the Region of Waterloo for approval; and,
That a new Zoning By-law (Stage 1) and associated mapping attached to Report DSD -19-049
as Appendix 'D', be approved, as amended; and,
That Stage 1 of the new Zoning By-law does not represent a comprehensive, full replacement
of the existing Zoning By-laws and therefore the "moratorium" clause of Section 34 of the
Planning Act does not apply; thereby permitting amendments and minor variance applications;
and,
That to further address and ensure an appropriate transition of maximum building height between
adjacent and proximate zones, Planning staff prepare site-specific provisions or modifications to
the Zoning By-law through a consultative process; and,
That consideration of the zoning of 108 Ahrens Street West be deferred to a future stage of the
new Zoning By -Law; and,
That the new Zoning By -Law (Stage 1) be amended to add site-specific provision (158) be
applied to 72 St. Leger Street; and,
That the retained parcel at 525 Erinbrook Drive be deferred to a future residential stage of the
residential zoning review to allow additional time for current development applications to proceed;
and,
That consideration of the following properties be deferred to the May 27, 2019 Council
meeting to allow additional time for consultation with City of Kitchener and/or Region of Waterloo
staff and property owners:
• 83 Elmsdale Drive, the 7H holding provision only;
• 32 Duke Street East;
• 2-22 Duke Street East;
• 49 Queen Street North;
• 84 Frederick Street;
• 1893 Ottawa Street South;
• 1901 Ottawa Street South;
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APRIL 29, 2019 -74- CITY OF KITCHENER
• 525 and 563 Highland Road West;
• 1170-1178 Fischer -Hallman Road and 1111 Westmount Road East;
• 1191, 1193, 1188, 1255-1291, 1187, 1201-1205 and 1940 Fischer -Hallman Road;
• 1415 and 1384 Huron Road;
• 315-325 Max Becker Drive;
• 236 Gehl Place;
• 628 New Dundee Road (PLAN 58M528 BILK 111);
• Robert Ferrie Drive corner KITCHENER BEASLEY'S NEW SURVEY PT LOT 1
RP 58R17216 PTS 2 AND 31-
0
;• 41 Ardelt Place (known as "LOT 42"); and,
• 353 Manitou Drive.
That consideration of Section 4.3: Bonusing and Section 6: Urban Grown Centre Zones (and all
the properties to which it applies) outlined in Appendix 'D', be deferred to the May 13, 2019
Planning and Strategic Initiatives Committee meetinq to allow additional discussions and
clarifications related to the proposed bonusing provisions; and further,
That consideration of the following properties be deferred to the May 27, 2019 Council
meeting to allow for development applications currently in process to be completed prior to
consideration:
• 149-151 Ontario Street North;
• 21 Weber Street West."
Clause 1 (Urban Growth Centre (UGC) Zone & 100
Victoria Street South) — Carried Unanimously on a
recorded vote.
Pecuniary Interest and Abstention:
Councillor P. Singh because his family owns
property in the vicinity of the subject lands;
Councillor S. Marsh because she owns a unit at
100 Victoria Street South.
Clause 1 (Amendment —Transition of maximum
building height) — Carried Unanimously on a
recorded vote.
Clause 1 (Deferral — 525 Erinbrook Drive) — Carried
Unanimously on a recorded vote.
Clause 1 (Deferral — Section 6: Urban Growth Centre
Zones of the Zoning By -Law and related Official Plan
Amendment) — Carried on a recorded vote.
In Favour: Mayor B. Vrbanovic, and Councillors
J. Gazzola, P. Singh, S. Davey, B. loannidis, D.
Schnider, and D. Chapman.
Contra: Councillors M. Johnston, S. Marsh, K.
Galloway-Sealock, and C. Michaud.
Clause 1 (Deferral — 525 and 563 Highland Road
West) — Carried Unanimously on a recorded vote.
Clause 1 (Deferral — Schlegel Urban Developments
Corp Properties) — Carried Unanimously on a
recorded vote.
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APRIL 29, 2019 -75- CITY OF KITCHENER
Clause 1 (Deferral — all properties previously deferred
to May 13, 2019 Planning and Strategic Initiatives
Committee meeting) — Carried Unanimously on a
recorded vote.
Balance of Clause 1 (as amended) — Carried
Unanimously on a recorded vote.
7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE — APRIL
15, 2019
Moved by Councillor S. Davey
Seconded by Councillor P. Singh
"That the Finance and Corporate Services Committee report, dated April 15, 2019, be
adopted."
Councillor J. Gazzola requested Clause 1 of the Finance and Corporate Services Committee report
be voted on separately.
An amendment to Item 1 was brought forward by Councillor J. Gazzola, seconded by Councillor D.
Chapman, that 10% of the total revenue received via the Municipal Accommodation Tax be used to
reduce the annual tax levy.
Councillor D. Chapman requested a recorded vote.
Clause 1 (amendment) — Lost on a recorded vote.
In Favour: Councillor J. Gazzola.
Contra: Mayor B. Vrbanovic, and Councillors
P. Singh, S. Davey, B. loannidis, M. Johnston,
D. Schnider, D. Chapman, S. Marsh, K.
Galloway-Sealock, and C. Michaud.
Clause 1 — Carried unanimously on a recorded vote.
Balance of the report — Carried.
7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES
COMMITTEE —APRIL 15, 2019
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor D. Schnider
"That the balance of the Community and Infrastructure Services Committee report, dated
April 15, 2019, be adopted."
Councillor J. Gazzola requested Clause 7 of the Community and Infrastructure Services Committee
report be voted on separately with a recorded voted.
A motion was brought forward by Councillor B. loannidis, seconded by Councillor P. Singh that the
question now be put related to Clause 7 of the Community and Infrastructure Services Committee
report. The motion was then voted on and LOST.
An amendment to Item 7 was brought forward by Councillor K. Galloway-Sealock, seconded by
Councillor B. loannidis, that staff be directed to work with Sustainable Waterloo Region to explore the
merit and feasibility of undertaking a full review of the City's ecological footprint and report back to
Council within the next year.
Clause 7 (amendment) — Carried.
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APRIL 29, 2019 -76- CITY OF KITCHENER
Clause 7 (Paragraph 3 and 4) — Carried on a recorded
vote.
In Favour: Mayor B. Vrbanovic, and Councillors
P. Singh, S. Davey, B. loannidis, M. Johnston,
D. Schnider, D. Chapman, S. Marsh, K.
Galloway-Sealock, and C. Michaud.
Contra: Councillor J. Gazzola.
Clause 7 (balance as amended) — Carried
unanimously on a recorded vote.
Clause 8 — Dealt with under Delegations.
Balance of the report — Carried.
7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE —
APRIL 15, 2019
Dealt with under Delegations.
8. UNFINISHED BUSINESS — NIL
9. NEW BUSINESS
9.a. Regional Council Update — Mayor B. Vrbanovic
Mayor B. Vrbanovic noted Regional Council has ratified 150 Duke Street as the location of the
Consumption and Treatment Service (CTS) site. The next step is for the Region to send an application
the Province for approval and funding. Mayor Vrbanovic also indicated a report would be coming forward
to Regional Council regarding the development of a temporary CTS location until the Duke Street location
is operational.
10.QUESTIONS AND ANSWERS — NIL
11. BY-LAWS (FIRST READING) —
Council agreed to the request of Ms. Christine Tarling, City Clerk, to add two additional by-laws for
three readings this date regarding an Official Plan Amendment and a Zone Change for the new
Comprehensive City Wide Zoning By-law, listed as Clause 1 on the Planning and Strategic Initiatives
Committee report dated April 15, 2019.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Marsh
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.
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APRIL 29, 2019 -77- CITY OF KITCHENER
d) Being a by-law to set and levy the rates of taxation for City purposes for the year 2019
and to provide for the payment of taxes after interim taxes.
e) Being a by-law to provide for the establishing and laying out of part of Blair Creek Drive as
public highway in the City of Kitchener.
f) Being a by-law to provide for the establishing and laying out of part of Robert Ferrie Drive
as public highway in the City of Kitchener.
g) To confirm all actions and proceedings of the Council
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 M. Johnston as Chair.
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
It was resolved:
"That Proposal P19-034 Fire Records Management System, be awarded to ERS
International, LLC, Bellingham, Washington, at their estimated fee of $131,585.76, plus
H.S.T. of $17,106.15, for a total of $148,691.91 CAD, subject to an agreement
satisfactory to the City Solicitor being negotiated and executed."
- and -
"That Tender T19-055 Road Seal Resurfacing, be awarded to MSO Construction Limited,
Etobicoke, Ontario, at an adjusted tendered price of $166,082.35, plus H.S.T. of
$21,590.71 for a total of $187,673.06."
- and -
"That Tender T19-058 Polyethylene Pipe for Natural Gas Distribution, be awarded to
C.R.Wall & Cc Inc., Cambridge, Ontario, at their tendered price of $331,020., plus H.S.T.
of $43,032.60, for a total of $374,052.60, for a one (1) year term, with an option to renew
for two (2) additional twelve (12) month terms."
- and -
"That Proposal P19-023 Kiwanis Park Playground Construction, be awarded to New
World Park Solutions Inc., Brantford, Ontario, at their proposed price of $165,000., plus
H.S.T. of $21,450., for a total of $186,450."
2. COR -19-018 — Downtown Kitchener BIA and Belmont BIA 2019 Budgets,
Referenced in the 2019 Tax Rate By-law
Dealt with under Delegations.
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3. COR -19-022 — Sign Variance — 72 Wilson Avenue
It was resolved:
"That the application of CITY OF KITCHENER (SG 2019-008 — 72 Wilson Avenue)
requesting permission to replace the existing sign with a ground -supported sign having
automatic changing copy that is 51% of the sign area rather than the 30% permitted
maximum, on Blocks B, D, E & Part Block A, Plan 1007, Part Lot 26, Plan 765, 72 Wilson
Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a sign permit from the Planning Division.
2. That the owner shall ensure the automatic changing copy portion of the sign is
turned off between the hours of 12:00 a.m. and 6:00 a.m.
3. That the owner shall ensure the sign is located outside the Driveway Visibility
Triangle (DVT), to the satisfaction of the Director of Transportation Planning.
4. That the owner shall ensure the sign is generally as per the drawings submitted
with the application.
5. That the owner shall complete Condition 1 prior to August 16, 2019. 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."
4. COR -19-023 — Appointments to Centre in the Square Board of Directors
It was resolved:
"That Mary Dever be appointed to the Board of Directors for Centre in the Square for
the term starting May 1, 2019 and ending December 31, 2021; and,
That Dawne Taylor-Gilders be appointed to the Board of Directors for Centre in the
Square for the term starting May 1, 2019 and ending December 31, 2021."
C. FOR INFORMATION
5. FIN -19-033 — Summary of Bid Solicitations Approved by the Director of
Procurement (January 1, 2019 — March 31, 2019)
Staff were requested to include a column in future summary reports indicating the
budgeted amount for the solicitations.
Financial Services Department report FIN -19-033 (M. Fisher), dated April 10, 2019,
was received as information.
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 M. Johnston
Seconded by Councillor D. Schnider
"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.
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APRIL 29, 2019 -79- CITY OF KITCHENER
14. BY-LAWS (THIRD READING) —
Moved by Councillor P. Singh
Seconded by Councillor S. Marsh
"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. 2019-043)
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. 2019-044)
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. 2019-045)
d) Being a by-law to set and levy the rates of taxation for City purposes for the year 2019
and to provide for the payment of taxes after interim taxes.
(By-law No. 2019-046)
e) Being a by-law to provide for the establishing and laying out of part of Blair Creek Drive
as public highway in the City of Kitchener.
(By-law No. 2019-047)
f) Being a by-law to provide for the establishing and laying out of part of Robert Ferrie Drive
as public highway in the City of Kitchener.
(By-law No. 2019-048)
g) To confirm all actions and proceedings of the Council.
(By-law No. 2019-049)
h) Being a by-law to adopt Amendment No. 6 to the Official Plan.
(By-law No. 2019-050)
i) To be known as the Zoning By-law of the Corporation of the City of Kitchener.
(By-law No. 2019-051)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 10:41 p.m.
v
MAYOR CLERK
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FINANCE AND CORPORATE SERVICES COMMITTEE —APRIL 15, 2019
1. That a by-law be established for implementation of a mandatory 4% Municipal Accommodation Tax
for hotels in the City of Kitchener effective July 1, 2019, subject to equivalent approvals by the other
lower tier municipalities in Waterloo Region, as outlined in Chief Administrator's Office report CAO -
19 -007; and,
That the 50% (Waterloo Regional Tourism Marketing Corporation - WRTMC) / 40% (City) / 10%
(Region of Waterloo) revenue sharing model as outlined within this report be approved; and,
That staff be directed to establish a Municipal Accommodation Tax Reserve Fund to segregate the
City's portion of the Municipal Accommodation Tax revenue for uses outlined in Appendix'B' of the
Report; and,
That the Chief Administrative Officer (CAO) and Clerk be delegated authority to enter into an
agreement with the Waterloo Regional Tourism Marketing Corporation to collect the revenues on
behalf of the City of Kitchener and for the use of 50% of the Municipal Accommodation Tax funds
by WRTMC. (Note: Administration costs to be deducted prior to distribution of funds); and,
That the CAO and Clerk be delegated authority to enter into other agreements as may be required
to administer and govern work to be funded from the MAT; and,
That staff/WRTMC report back in 2020 to Council on the progress of the new Municipal
Accommodation Tax; and further,
That a joint study be undertaken by WRTMC and the Municipal partners in 2022 with respect to the
effectiveness of the program to inform potential program refinements at that time.
Carried unanimously on a recorded vote.
That the Mayor and Clerk be authorized to execute a development charges credit/refund
agreement, subject to the satisfaction of the City Solicitor, as outlined in Development Services
Department report DSD -19-063, with the developers (Kitchener Green Developments Inc.,
Kitchener Green 3 Developments Inc., 2079546 Ontario Limited, Cook (South Estates) Limited,
Max Becker Enterprises (II) Limited) in respect to the developers' payment for the costs of the
engineering fees and construction of the Middle Strasburg Trunk Sanitary Sewer (MSTSS). In
addition, the agreement will contain provisions authorizing the acceptance of lands from the
developers by the municipality on which the project will be constructed.
That the Brownfield Remediation Program Application for 98-100 Victoria Street South, received
from 2373074 Ontario Inc. dated January 29, 2017, be approved subject to the Region of
Waterloo's approval; and,
That in exchange for a completed and filed Record of Site Condition for the subject property, the
owner will be provided a tax incremental grant on the 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; and,
That the City Tax Increment be defined as the difference between the City portion of real property
taxes for the 2017 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) following
completion of the project as compensation for the remediation of the above subject lands; and,
That the City property tax grant is estimated to be $327,815.00, payable in one year following re-
assessment by MPAC which represents the City's total property tax grant; and,
That the Region of Waterloo Brownfield Coordinator be circulated a copy of any decision made by
Kitchener City Council regarding this Application; and further,
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APRIL 29, 2019 - 81 - CITY OF KITCHENER
FINANCE AND CORPORATE SERVICES COMMITTEE (CONT'D) — APRIL 15, 2019
That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the
City Solicitor, with the Region of Waterloo and 2373074 Ontario Inc., to implement the provisions
of the Brownfield Remediation Program Application for 98-100 Victoria Street South, as outlined in
Development Services Department report DSD -19-065.
4. That staff be directed to begin work on the proposed opportunities for Digital Kitchener in 2019, as
outlined in Corporate Services Department report COR -19-017.
5. That staff be directed to develop a Long -Term Financial Plan based on the proposed scope and
timeline, as outlined in Financial Services Department report FIN -19-030.
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — APRIL 15, 2019
That the Uniform Traffic By-law be amended to implement a 60 km/h speed limit on Huron Road
from Fischer Hallman Road to Amand Drive, as outlined in Development Services Department
report DSD -19-071.
That the Ministry of Transportation, Ontario (MTO) and its contractors be exempt from the
provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work
during the pavement rehabilitation of the Highway 401 and Homer Watson Boulevard Interchange
in the City of Kitchener. The request for the noise By-law exemption is between the hours of 7:00
p.m. and 7:00 a.m. for the period of August 1 to December 31, 2019, as outlined in Development
Services Department report DSD -19-072.
That the Deputy Chief Administrative Officer (CAO) or designate be delegated authority to execute
a licence agreement with Unifor and Union Building Corporation of Canada, subject to the
satisfaction of the City Solicitor, for the use of two (2) baseball diamonds located at 600 Wabanaki
Drive, Kitchener, as outlined in Community Services Department report CSD -19-009; and,
That the Deputy CAO or designate be delegated authority to execute two (2) one (1) year renewals
for the licence agreement.
That a speed hump be installed on Patricia Avenue between Sandra Avenue and Jack Avenue, as
outlined in Development Services Department report DSD -19-069; and,
That a raised pedestrian crossing be installed on Patricia Avenue at the Henry Strum Greenway
trail crossing, between Metzloff Avenue and Highland Road West; and,
That a Level 2 — Type D pedestrian crossover be incorporated into the raised trail crossing; and
further,
That the Uniform Traffic By -Law be amended accordingly.
That a roadway narrowing be installed on Caryndale Drive between Robertson Crescent and
Chapel Hill Drive, as outlined in Development Services Department report DSD -19-070; and,
That a roadway narrowing be installed on Caryndale Drive at Chapel Hill Drive; and,
That the roadway narrowing at Chapel Hill Drive be raised once the extensions of Robert Ferrie
Drive and Strasburg Drive are fully complete; and,
That a traffic circle be installed at the intersection of Caryndale Drive and Hearthway Street /
Evenstone Avenue, and further;
That the Uniform Traffic By -Law be amended accordingly.
That an intersection narrowing be installed at the eastern leg of the intersection of Conway Drive
and Old Chicopee Drive, as outlined in Development Services Department report DSD -19-073;
and,
COUNCIL MINUTES
APRIL 29, 2019 -82- CITY OF KITCHENER
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE (CONT'D) — APRIL 15, 2019
That a roadway narrowing be installed to the immediate east of the intersection of Boundbrook
Court and Old Chicopee Drive, and further; that the sidewalk on the south side of Old Chicopee
Drive be extended by 10m, to provide a safer crossing area for pedestrians; and,
That a roadway narrowing be installed at the eastern leg of the intersection of Huntingdale Drive
and Old Chicopee Drive; and,
That a speed hump be installed at the Dom Cardillo trail crossing, between Bancroft Street and
Daimler Drive; and further,
That the Uniform Traffic By -Law be amended accordingly.
7. That the Corporate Climate Action Plan be endorsed, in principle, subject to action items being
approved through future budget deliberations and business plans, as outlined in Development
Services Department report DSD -19-094; and,
That staff be directed to complete a 3 -year monitoring program on the Corporate Climate Action
Plan, to assess the 8% absolute greenhouse gas emission (GHG) target, with possible
consideration for establishing a greater GHG reduction target; and,
That the City of Kitchener update the corporate green building design from LEED-Gold for new City
buildings greater than 500m2 to an energy intensity -based target of 25% energy improvement
above Ontario Building Code Regulation 388/18 or Net Zero Ready/Net Zero energy, where site
conditions allow; and,
That a permanent full-time equivalent (FTE) position be approved to support the Corporate
Sustainability Office; and further,
That staff be directed to work with Sustainable Waterloo Region to explore the merit and feasibility
of undertaking a full review of the City's ecological footprint and report back to Council with the next
year.
Carried unanimously, as amended, on a recorded vote.
8. That Kitchener's Sustainable Urban Forest Strategy (2019-2028), attached as Appendix 'A' to
Infrastructure Services Department report INS -19-008, be approved as the City's guiding
document for planning, engaging, maintaining, protecting and planting Kitchener's urban forest;
and,
That the Implementation Plan, for the Sustainable Urban Forest Strategy, contained within this
report be received; and,
Consideration of the recommendations herein be referred to the departmental business planning
process and future budget processes; and,
That staff be directed to provide a grant of up to $40,000 a year as approved in the 2019 budget,
to REEP Green Solutions to deliver a subsidised tree planting program in 2019, 2020 and 2021;
and further,
That staff be directed to investigate providing stormwater credits for trees located on private
property through the development of the stormwater utility market incentive program, and a
report back to Council with possible options within the first quarter of 2020.
PLANNING AND STRATEGIC INITIATIVES COMMITTEE —APRIL 15, 2019
1. That the City -initiated Official Plan Amendment attached to Development Services Department
report DSD -19-049 as Appendix 'C', which is associated with the new Zoning By-law (Stage 1),
be adopted and accordingly forwarded to the Region of Waterloo for approval; and,
COUNCIL MINUTES
APRIL 29, 2019 -83- CITY OF KITCHENER
PLANNING AND STRATEGIC INITIATIVES COMMITTEE (CONT'D) — APRIL 15, 2019
That a new Zoning By-law (Stage 1) and associated mapping attached to Report DSD -19-049
as Appendix 'D', be approved, as amended; and,
That Stage 1 of the new Zoning By-law does not represent a comprehensive, full replacement
of the existing Zoning By-laws and therefore the "moratorium" clause of Section 34 of the
Planning Act does not apply; thereby permitting amendments and minor variance applications;
and,
That to further address and ensue an appropriate transition of maximum building height between
adjacent and proximate zones, Planning staff prepare site specific provisions or modifications to
the Zoning By-law through a consultative process; and,
That consideration of the zoning of 108 Ahrens Street West be deferred to a future stage of the
new Zoning By -Law; and,
That the new Zoning By -Law (Stage 1) be amended to add site specific provision (158) be
applied to 72 St. Leger Street; and,
That the retained parcel at 525 Erinbrook Drive be deferred to a future residential stage of the
residential zoning review to allow additional time for current development applications to proceed;
and,
That consideration of the following properties be deferred to the May 27, 2019 Council
meeting to allow additional time for consultation with City of Kitchener and/or Region of Waterloo
staff and property owners:
• 83 Elmsdale Drive, the 7H holding provision only;
• 32 Duke Street East;
• 2-22 Duke Street East;
• 49 Queen Street North;
• 84 Frederick Street;
• 1893 Ottawa Street South;
• 1901 Ottawa Street South;
• 525 and 563 Highland Road West;
• 1170-1178 Fischer -Hallman Road and 1111 Westmount Road East;
• 1191, 1193, 1188, 1255-1291, 1187, 1201-1205 and 1940 Fischer -Hallman Road;
• 1415 and 1384 Huron Road;
• 315-325 Max Becker Drive;
• 236 Gehl Place;
• 628 New Dundee Road (PLAN 58M528 BILK 111);
• Robert Ferrie Drive corner KITCHENER BEASLEY'S NEW SURVEY PT LOT 1
RP 58R17216 PTS 2 AND 31-
0
;• 41 Ardelt Place (known as "LOT 42"); and,
• 353 Manitou Drive.
That consideration of Section 4.3: Bonusing and Section 6: Urban Grown Centre Zones (and all
the properties to which it applies) outlined in Appendix 'D', be deferred to the May 13, 2019
Planning and Strategic Initiatives Committee meetinq to allow additional discussions and
clarifications related to the proposed bonusing provisions; and further,
That consideration of the following properties be deferred to the May 27, 2019 Council
meeting to allow for development applications currently in process to be completed prior to
consideration:
• 149-151 Ontario Street North;
• 21 Weber Street West."
Dealt with under Delegations.