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HomeMy WebLinkAboutCouncil Minutes - 2019-05-27COUNCIL MINUTES MAY 27, 2019 CITY OF KITCHENER The Council of the City of Kitchener met this date at 7:20 p.m. with all members present 1. COMMENCEMENT — The meeting began with the singing of "O Canada". 2. MINUTES — On motion by Councillor D. Schnider, the minutes of the regular meeting held April 29, 2019 and special meetings held April 29 & May 13, 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 8. a. on the Council agenda dated this date, as members of his family owns property within the proposed Urban Growth Centre (UGC) zone. 4. COMMUNICATIONS REFERRED TO FILE 4.a. Flag Request under Policy MUN-FAC-442: • Huntington Society of Canada — May 15 — 22, 2019. 5. PRESENTATIONS 5.a. JM Drama Mr. Sam Varteniuk, Executive Director, The Registry Theatre; and, Ms. Marian Boyer, President, JM Drama, were in attendance to provide an update on community theatre group JM Drama. Ms. Boyer advised The Registry Theatre is currently drafting a renewed lease with City staff. 6. DELEGATIONS 6.a. Winter Sidewalk Maintenance Program and the City's Age -Friendly Action Plan Council considered Infrastructure Services Department report INS -09-009, dated May 13, 2019, listed as Item 10 on the Community and Infrastructure Services Committee report. Mr. Aaron McCrimmon- Jones, Manager of Transportation Planning, and Mr. Eckhard Pastrik, Manager of Maintenance Operations, were in attendance to respond to questions from Council. Ms. Maggie Deveau was in attendance to address Council on behalf of the Mayor's Advisory Council for Kitchener Seniors and the City's Age -Friendly Action Plan in support of the staff recommendation. Ms. Dawn Clelland, Grand River Accessibility Advisory Committee, Ms. Melissa Bowman, and Ms. Tessa Starkey, area residents, were in attendance to address Council in support of the full winter maintenance service of all sidewalks. Mr. Phil Molto, area resident, was in attendance to address Council in support of the staff recommendation, noting the importance of prioritizing snow clearing along the City's major sidewalks, bike lanes, and bus stops. A motion was brought forward by Councillor K. Galloway-Sealock, seconded by Councillor D. Schnider, to approve the recommendation as outlined in Clause 10 of the Community and Infrastructure Services Committee report, dated May 13, 2019. Councillor D. Chapman brought forward an amendment, seconded by Councillor M. Johnston, to conduct a pilot program with full winter maintenance service of all sidewalks throughout winter 2019/2020. In response to questions, Mr. Dan Chapman, Chief Administrative Officer, clarified the initial clearing for 8cm snow events is $67,5000 for 40 km of sidewalk per winter season, and the full winter COUNCIL MINUTES MAY 27, 2019 _911- CITY OF KITCHENER maintenance service of all sidewalks is approximately an additional $200,000 for 40 km of sidewalk per winter season. In response to questions, Ms. Roslyn Lusk, Director of Operations - Roads and Traffic, advised the initial clearing for 8cm snow events would be contracted services and the full winter maintenance service of all sidewalks would be achieved with in-house resources. An amendment was brought forward by Councillor S. Davey, seconded by B. Ioannidis, that paragraphs 2 and 7 of the staff recommendation outlined in Clause 10 of the Community and Infrastructure Services Committee report, dated May 13, 2019, be deferred until May, 2020; and, that staff be directed to research and conduct a statistically significant survey in other municipalities that already offer sidewalk snow clearing in order to determine the value and level of service; and, the that Kitchener Municipal Innovation Lab directed to explore a pilot application connecting residents in need of snow clearing to residents willing to assist. Councillor P. Singh brought forward a further amendment, seconded by Councillor D. Schnider, to include maintenance support and suitable reimbursement to the participants of the neighbourhood shared snow blower pilot for the snow blower's operating fuel cost; and, to consider the feasibility of requiring the participants of the neighbourhood shared snow blower pilot to participate in the assisted services for sidewalk and windrow clearing pilot. A motion was brought forward by Councillor K. Galloway-Sealock, seconded by Councillor S. Davey, that the question now be put related to Clause 10 of the Community and Infrastructure Services Committee report. The motion was then voted on and Carried. Councillor J. Gazzola requested a recorded vote Clause 10 (Deferral — Paragraph's 2 and 7) — Lost on a recorded vote. In Favour: Councillor S. Davey. Contra: Mayor B. Vrbanovic and Councillors J. Gazzola, P. Singh, B. Ioannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. Clause 10 (Amendment — Councillor Chapman) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors J. Gazzola, M. Johnston, D. Schnider, D. Chapman, S. Marsh, and C. Michaud. Contra: Councillors P. Singh, S. Davey, B. Ioannidis, and K. Galloway-Sealock. Clause 10 (Amendment — Councillor Davey — Survey other municipalities) — Lost on a recorded vote. In Favour: Councillors S. Davey, B. Ioannidis, and D. Schnider. Contra: Mayor B. Vrbanovic and Councillors J. Gazzola, P. Singh, M. Johnston, D. Chapman, S. Marsh, K. Galloway-Sealock, and C. Michaud. Clause 10 (Amendment - Councillor Davey - Kitchener Innovation Lab) — Carried Unanimously on a recorded vote. COUNCIL MINUTES MAY 27, 2019 -92- CITY OF KITCHENER Clause 10 (Amendment — Councillor Singh - Maintenance and reimbursement support for neighbourhood shared snow blower pilot participants) — Lost on a recorded vote. In Favour: Councillors P. Singh, S. Davey, B. loannidis, D. Schnider, D. Chapman. Contra: Mayor B. Vrbanovic and Councillors J. Gazzola, M. Johnston, S. Marsh, K. Galloway- Sealock, and C. Michaud. Clause 10 (Amendment — Councillor Singh - Assisted services for sidewalk and windrow clearing pilot) — Carried on a recorded vote. In Favour: Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock, and C. Michaud. Contra: Mayor B. Vrbanovic and Councillor J. Gazzola. Clause 10 (Paragraph 2) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors J. Gazzola, P. Singh, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock, and C. Michaud. Contra: Councillors S. Davey and B. loannidis. Clause 10 (Paragraphs 1 and 3-7) — Carried Unanimously on a recorded vote. The meeting then recessed at 10:06 p.m. and reconvened at 10:17 p.m. chaired by Mayor B. Vrbanovic with all members present. 6.b. New Zoning By-law (Stage 1) — Deferred Items Council considered Development Services Department report DSD -19-130 (S. Coutu) dated May 22, 2019 listed as Item 8.a. under Unfinished Business this date. In addition, Council was in receipt this date of a written submission from GSP Group, dated May 27, 2019. Mr. Alain Pinard, Director of Planning, Mr. Brandon Sloan, Manager of Long Range & Policy Planning, and Ms. S. Coutu, Planner, were in attendance to speak to the report. Staff requested and Council agreed to consider the recommendation outlined in report DSD -19-130, dated May 22, 2019, in replacement of Clause 1 on the Planning and Strategic Initiatives Committee report dated, May 13, 2019. Ms. S. Coutu further proposed a staff amendment and Council agreed to include the following recommendation: "That pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 3, as amended, staff be directed to provide notice of a statutory public meeting for Amendment No. 1 to By-law 2019-051 to be held no sooner than June 24, 2019." Ms. Heather Price, GSP Group, addressed Council to provide an update on the land owner's request for deferral of the holding provision for 83 Elmsdale Drive and the status of the noise study for the subject property. COUNCIL MINUTES MAY 27, 2019 -93- CITY OF KITCHENER Mr. Vaughn Bender, Schlegel Urban Development Corporation, spoke to Council with respect to the following properties deferred at the April 29, 2019 Council meeting for additional review of the implications of the draft Zoning By-law on parking; electric vehicle parking; mixed use zoning; and the urban area deferral: • 1170-1178 Fischer -Hallman Road; • 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 and PLAN 58M528 BILK 111; • 628 New Dundee Road; and, • Survey's Beasley's New Survey PT LOT 1 RP 58R17216 PTS 2 and 3. Mr. Chris Pidgeon, GSP Group Inc., representing Schlegel Urban Development Corporation, was in attendance to request alternative recommendations to Rosenberg Properties (1384 and 1415 Huron Road, 1193, 1201-1205, 1255-1291, and 1940 Fischer Hallman Road); 236 Gehl Place and Survey's Beasley's New Survey PT Lot 1 RP 58R17216 PTS 2 and 3; and, the electric vehicle parking space provisions. In accordance with Section 25.4.18 of the City's Procedural By-law, a one-hour extension of the meeting was approved by unanimous vote. Mr. Martin Asling, area resident, appeared before Council to speak in support of increasing affordable housing options, specifically lodging housing. Mr. Hal Jaeger, area resident, addressed Council in support of proceeding with the proposed zoning for the properties municipally addressed as 149-151 Ontario Street North and 21 Weber Street West, noting these properties should be required to comply with the New Zoning By-law and not have the deferral of zoning extended. A motion was brought forward by Councillor S. Marsh, seconded by Councillor D. Chapman, to approve the recommendation as outlined in Report DSD -19-130. Councillor M. Johnston left the meeting at this time. Councillor K. Galloway-Sealock introduced an amendment, seconded by Councillor S. Davey, to apply a new site specific provision as outlined as Option 4-13 in Appendix 'A' of Report DSD -19-130, for the properties municipally addressed as 1893 Ottawa Street South and 1901 Ottawa Street South; and, an amendment related to electric vehicle parking for non-residential uses that are not located within a building, a minimum of 17.5% of the parking spaces shall be designed to permit future installation of electric vehicle supply equipment and a minimum of 2.5% of the parking spaces shall be electric vehicle parking spaces. An amendment was brought forward by Councillor B. loannidis, seconded by Councillor S. Davey, to approve the proposed amendments outlined as items 'C' and 'D' in the GSP Group's submission received this date, regarding 236 Gehl Place and Survey's Beasley's New Survey PT Lot 1 RP 58R17216 PTS 2 and 3 and also the Rosenberg properties municipally addressed as 1384 and 1415 Huron Road, 1193, 1201-1205, 1255-1291, and 1940 Fischer Hallman Road. Councillor D. Chapman brought forward a further amendment, seconded by Councillor S. Marsh, to revise 4.3i) 'Affordable, special needs, assisted or subsidized housing' bonus value percentage metric as follows: 10% or greater if the dwelling units equal 2 FSR; 20% or greater of the dwelling units equal 2.25 FSR; 30% or greater of the dwelling units equal 2.5 FSR; and, greater than 50% of the dwelling units equal 1.5 FSR, rather than the bonusing provisions as outlined in Report DSD -19-106. In accordance with the declared pecuniary interest, the Urban Growth Centre Zoning before Council this date was then voted and was Carried. Councillor loannidis's amendment was then voted and was Carried. Councillor Chapman's amendment was then voted and was Carried. COUNCIL MINUTES MAY 27, 2019 -94- CITY OF KITCHENER Councillor Galloway-Sealock's amendment was then voted and was Carried. Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That staff be directed to prepare Amendment No. 1 to By-law 2019-051 to include the deferred portions of the new Zoning By-law (Stage 1) and associated mapping attached as Appendix 'B' to report DSD -19-130 to By-law No. 2019-051; and, That pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 3, as amended, staff be directed to provide notice of a statutory public meeting for Amendment No. 1 to By-law 2019- 051, to be held no sooner than June 24, 2019; and further, That consideration of the zoning of the following properties be referred to a future stage of the Zoning By-law or Neighbourhood Planning Review, whichever is appropriate: • 2-22 Duke Street East; • 49 Queen Street North; • 84 Frederick Street; • 628 New Dundee Road and PLAN 58M528 BLK 111; • 236 Gehl Place; and, • Survey's Beasley's New Survey PT Lot 1 RP 58R17216 PTS 2 and 3. That the proposed zoning for the Rosenberg Secondary Plan properties, in a future stage of the Zoning By, be less restrictive than the current zoning outlined in Zoning By-law 85-1." Carried. 7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE — MAY 13, 2019 An amendment was brought forward by Councillor S. Davey, seconded by Councillor P. Singh, to amend Claus 4, of the Finance and Corporate Services Committee report, dated May 13, 2019, to implement a parks improvement program in each ward for $625,000 ($62K per ward) and amend the allocation of the federal gas tax, as outlined in Financial Services Department report FIN -19- 039, dated April 5, 2019, to as follows: A $1,100,000 Woodside Park B $1,000,000 S ortsfields Infrastructure C $300,000 Vanier Park Splash Pad D $650,000 Park Bridge Replacements E $1,000,000 Roofing Replacement: The Aud F $600,000 Roofing Replacement: Recreation & Culture Facilities G $975,000 91 Moore Sustainable Building Improvements H $650,000 HVAC Replacement: Breithau t Centre 1 $625,000 Parks Improvement Program Councillor J. Gazzola requested Clause 2 be voted on separately. Councillor K. Galloway-Sealock requested a recorded vote. Clause 4 (Amendment — Councillor Davey) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors J. Gazzola, P. Singh, S. Davey, B. loannidis, D. Schnider, D. Chapman, and C. Michaud. Contra: Councillors S. Marsh and K. Galloway- Sealock. COUNCIL MINUTES MAY 27, 2019 _95- CITY OF KITCHENER Absent: Councillor M. Johnston. Clause 4 (as amended) — Carried. Clause 2 — Carried. Balance of the report — Carried. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the Finance and Corporate Services Committee report, dated May 13, 2019, be adopted." 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE —MAY 13, 2019 Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That Clauses 1-9 of the Community and Infrastructure Services Committee report, dated May 13, 2019, be adopted." Carried. 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE — APRIL 15, 2019 As indicated on the Agenda for the Council meeting this date, City staff requested and Council agreed to consider the recommendation outlined in Development Services Department Report DSD -19-130, dated May 22, 2019, in replacement of Clause 1 of the Planning and Strategic Initiatives Committee report, dated May 13, 2019. Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That Clauses 2-5 of the Planning and Strategic Initiatives Committee report, dated May 13, 2019, be adopted." Carried. 7. REPORTS OF COMMITTEES —HERITAGE KITCHENER COMMITTEE —MAY 7, 2019 Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That the Heritage Kitchener Committee report, dated May 7, 2019, be adopted." Carried. 8. UNFINISHED BUSINESS Dealt with under Delegations. 9. NEW BUSINESS 9.a. Grand River Hospital Board Councillor Appointment — Mayor B. Vrbanovic Councillor C. Michaud was nominated to the Grand River Hospital Board of Directors. Councillor Michaud was appointed to the Grand River Hospital Board of Directors. COUNCIL MINUTES MAY 27, 2019 -96- CITY OF KITCHENER 9.b. Regional Council Update— Mayor B. Vrbanovic Mayor B. Vrbanovic advised the ION light rail service is scheduled to begin on June 21, 2019, noting the service will be free until July 1, 2019. 10.QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Council agreed to the request of Mr. J. Bunn, Manager of Council and Committee Services/Deputy City Clerk, to add four additional by-laws for three readings this date regarding a Zone Change and Official Plan Amendment for the property municipally addressed as 100 Seabrook Drive, listed as Clause 2 on the Planning and Strategic Initiatives Committee report dated May 13, 2019; Zone Change Amendment for the property municipally addressed as 450 Bridgeport Road, listed as Clause 3 on the Planning and Strategic Initiatives Committee report dated May 13, 2019; and, Zone Change Amendment for the property municipally addressed as 730 New Dundee Road, listed as Clause 4 on the Planning and Strategic Initiatives Committee report dated May 13, 2019. Moved by Councillor J. Gazzola 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. (Amends By-law 88-171 to add ordelete areas of jurisdiction.) b) To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (Amends By-law 2008-117 to add or delete areas of jurisdiction.) c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (Amends By-law 2010-190 to add or delete areas of jurisdiction.) d) Being a by-law to provide for the establishing and laying out of part of Rivertrail Avenue, Grand Flats Trail, Valleybrook Drive and Crosswinds Drive as public highways in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision agreement.) e) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (Amends the Uniform Traffic By-law.) f) (Being a by-law to amend By-law 2017-078 to extend the time period for exemption from Part Lot Control — Block 12, and Part of Blocks 13 and 14, Registered Plan 58M-504 — Forest Creek Court). (Exempts lands shown on Forest Creek Court from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-078 for a further two year period.) g) (Being a by-law to amend By-law 2017-080 to extend the time period for exemption from Part Lot Control — Part of Blocks 2 and 3, Registered Plan 58M-505 — Forest Creek Drive). (Exempts lands shown on Forest Creek Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-080 for a further two year period.) h) (Being a by-law to amend By-law 2017-081 to extend the time period for exemption from Part Lot Control — Part of Blocks 3, 4 and 6 and Block 5, Registered Plan 58M-505 and Block 37, Registered Plan 58M-504 — Forest Creek Drive. (Exempts lands shown on Forest Creek Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-081 for a further two year period.) COUNCIL MINUTES MAY 27, 2019 -97- CITY OF KITCHENER i) (Being a by-law to amend By-law 2017-085 to extend the time period for exemption from Part Lot Control — Blocks 19 and 20, Registered Plan 58M-504 — Pondcliffe Court). (Exempts lands shown on Pondcliffe Court from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-085 for a further two year period.) j) To confirm all actions and proceedings of the Council. k) Being a by-law to adopt Amendment No. 7 to the Official Plan. 1) Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Activa Holdings Inc. — 100 Seabrok Drive. m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener, Will -O -Homes (C.S.) Inc. —450 Bridgeport Road. n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Vladimir Sestan — 730 New Dundee Road. 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 D. Schnider 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 GE Intelligent Platforms Canada Company, Mississauga, Ontario, be the sole source provider for the purchase of Supervisory Control and Data Acquisition (SCADA) software at a cost of $99,977.46 plus H.S.T. of $12,997.07 for a total of $112,974.53, plus ongoing licensing and support of the software for five (5) additional years, provided a satisfactory contract is executed." PANTIE "That eSolutions Group Limited, Waterloo, Ontario, be the sole source provider of the website upgrade to www.kitchener.ca, including the development and implementation of the enhanced online customer service portal, at a cost of $273,520., plus H.S.T. of $35,557.60 for a total of $309,077.60, provided a satisfactory contract is executed." BETit e "That Tender T19-082 One (1) All -Wheel Drive 17.8 kw (23.9 hp) Diesel Turf Tractor with Cut and Line Self -Propelled Athletic Field Painter, be awarded to Simplistic Lines Inc., Stratford, Ontario, at their tendered price of $109,975., plus H.S.T. of $14,296.75, for a total of $124,271.75." - and - COUNCIL MINUTES MAY 27, 2019 _98- CITY OF KITCHENER "That Tender T19-054 Iron Horse Trail North and South Section Improvements, be awarded to Coco Paving Inc., Petersburg, Ontario, at their adjusted tendered price of $2,144,696.50, including provisional item and contingencies of $458,646.15, plus H.S.T. of $278,810.54, for a total of $2,423,507." - and - "That Tender T19-042 Queen Street Lighting, be awarded as follows Tender item for Poles (including accessories) to Gerrie Electric Wholesale Limited, Burlington, Ontario, at their tendered price of $113,760.64, plus H.S.T. of $14,788.89, for a total of $128,549.53; and Tender item for Luminaires to King Luminaire Co Inc. o/a StressCrete Ltd, Burlington, Ontario, at their tendered price of $50,820., plus H.S.T. of $6,606.60, for a total of $57,426.60." 2. COR -19-026 — Sign Variances — 760 Commonwealth Crescent and 524 Belmont Avenue West It was resolved: "That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2019- 009 760 Commonwealth Crescent) requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 18.7m from a residential zone rather than the required 100m, on Block 53, Registered Plan 58M-416, 760 Commonwealth Crescent, 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 in accordance with the Sign By-law. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 11 p.m. and 6 a.m. 4. That the owner shall complete the above noted Conditions 1 to 3 prior to September 1, 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 the decision. Failure to fulfill these conditions will result in this approval becoming null and void" - and - "That the application of ROYAL CANADIAN LEGION requesting permission to replace the existing sign with a ground -supported sign having a height of 3.65m rather than the maximum permitted height of 2m, on Part Lot 15, Plan 402, being Part 2 on Reference Plan 58R-1135, 524 Belmont Avenue West, 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. COUNCIL MINUTES MAY 27, 2019 _99- CITY OF KITCHENER 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 in accordance with the Sign By- law. That the owner shall complete the above noted Condition 1 prior to September 21, 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." 3. COR -19-029 — Appointment to Heritage Kitchener It was resolved: "That Jordan Baker be appointed to Heritage Kitchener as the Museum Special ist/Conservator representative for the period ending November 30, 2020." 4. COR -19-030 — Encroachment Request: 156-158 King Street West/1-11 Young Street — Canopy and Door Swing It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 156-158 King Street West/1-11 Young Street to authorize the installation of a canopy and doors which will encroach over the City's King Street and Young Street road allowances." 5. DSD -19-135 — Bill 108, More Homes, More Choice Act, 2019 It was resolved: "WHEREAS the Province of Ontario has introduced Bill 108, More Homes, More Choice Act, 2019 in an effort to increase housing supply; THEREFORE BE IT RESOLVED that the City of Kitchener express its support for aspects to the bill including proposed changes to: • Schedule 6, Environmental Assessment Act, which increases environmental assessment exemptions from low risk municipal undertakings; and, • Excess Soil Regulatory Proposal and Amendments to Record of Site Condition (Brownfields) (Proposed Regulation), which would allow more excess soil to be reused locally; and, BE IT FURTHER RESOLVED that the City of Kitchener request the Province to reconsider proposed changes to: • Schedule 3, Development Charges Act, which may reduce the ability for soft services to be continue to be funded by new growth; • Schedule 9, Local Planning Appeal Tribunal Act, which would shorten municipal decision-making timelines and reduce community engagement and increase decisions made by a tribunal rather than locally; and, • Schedule 12, the Planning Act, Section 37, to continue to permit density bonusing where the bonusing provisions are clearly articulated in a municipality's zoning by- law; and, BE IT FURTHER RESOLVED that the Province be requested to extend consultation on Bill 108 to 120 days as key implementation measures have not been released; and further, COUNCIL MINUTES MAY 27, 2019 _100- CITY OF KITCHENER BE IT FINALLY RESOLVED that Report DSD -19-135 be submitted to the Ministry of Municipal Affairs and Housing, Regional Members of Provincial Parliament, and the Association of Municipalities of Ontario, as the City of Kitchener's comments on Bill 108. DSD -19-138 — Parking Agreement — Bramm Street Yard It was resolved: "That the Mayor and Clerk be authorized to execute a parking agreement satisfactory to the City Solicitor to lease an area of the Bramm Street Yards parking lot comprising 45 parking spaces and a landscaped area to 100VIC GP Inc., and That the Manager, Parking Enterprise be authorized to execute temporary parking agreements on City Lands having a term of not greater than three years, provided that any such agreements shall have been approved by the City Solicitor and provided further that any such agreements having a term in excess of one year shall include provision for cancellation by the City on not greater than 60 days notice and/or a provision to relocate parking to other parking facilities." DSD -19-031 — Encroachment Request: Rogers Communication Installation at Morrison Park It was resolved: "Subject to staff approval, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with Rogers Communications Inc. for the installation of approximately 200 metres of conduit containing fibre optic cable running under Morrison Park." 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 D. Schnider Seconded by Councillor B. loannidis "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. 14. BY-LAWS (THIRD READING) — Moved by Councillor J. Gazzola 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. 2019-057) 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. 2019-058) 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. 2019-059) COUNCIL MINUTES MAY 27, 2019 -101- CITY OF KITCHENER d) Being a by-law to provide for the establishing and laying out of part of Rivertrail Avenue, Grand Flats Trail, Valleybrook Drive and Crosswinds Drive as public highways in the City of Kitchener. (By-law No. 2019-060) e) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2019-061) f) (Being a by-law to amend By-law 2017-078 to extend the time period for exemption from Part Lot Control — Block 12, and Part of Blocks 13 and 14, Registered Plan 58M-504 — Forest Creek Court). (By-law No. 2019-062) g) (Being a by-law to amend By-law 2017-080 to extend the time period for exemption from Part Lot Control — Part of Blocks 2 and 3, Registered Plan 58M-505 — Forest Creek Drive). (By-law No. 2019-063) h) (Being a by-law to amend By-law 2017-081 to extend the time period for exemption from Part Lot Control — Part of Blocks 3, 4 and 6 and Block 5, Registered Plan 58M-505 and Block 37, Registered Plan 58M-504 — Forest Creek Drive). (By-law No. 2019-064) (Being a by-law to amend By-law 2017-085 to extend the time period for exemption from Part Lot Control — Blocks 19 and 20, Registered Plan 58M-504 — Pondcliffe Court). j) To confirm all actions and proceedings of the Council. k) Being a by-law to adopt Amendment No. 7 to the Official Plan. (By-law No. 2019-065) (By-law No. 2019-066) (By-law No. 2019-067) Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Activa Holdings Inc. — 100 Seabrook Drive. (By-law No. 2019-068) m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Will -O -Homes (C.S.) Inc. — 450 Bridgeport Road. (By-law No. 2019-069) n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Vladimir Sestan — 730 New Dundee Road. (By-law No. 2019-070) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES MAY 27, 2019 -102- CITY OF KITCHENER On motion, the meeting adjourned at 11:51 p.m. .._... _._....... MAYOR CLERK COUNCIL MINUTES MAY 27, 2019 -103- CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE — MAY 13, 2019 1. That the City's parcel of land having an area of approximately 0.65 acres, legally described as Part 1 on Plan 58R- 18133, as outlined in Development Services Department report DSD -19-097, be declared surplus to the City's needs; and, That the closure of the unimproved Right of Way described as Waterloo Street Plan 577 be approved in principle; and further, That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale, to the satisfaction of the City Solicitor, with 528 Lancaster Street West Inc. for their acquisition of two City - owned parcels of land, as follows: i) The City's parcel of land legally described as Part 1 on Plan 58R-18133 at a purchase price of $585,000.; and further, ii) The City's unimproved Right of Way described as Waterloo Street Plan 577 at a purchase price of $184,050. That the Agreement of Purchase and Sale be conditional on the following: i) The purchaser obtaining a Record of Site Condition, at their cost, for both parcels of land prior to closing; and, ii) The purchaser paying the City's expenses to complete this transaction; and, iii) The City retains the right to re -purchase the subject lands at 90% of the purchase price in the event that the purchaser has not commenced construction with two years of Council approval; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction. 2. That the eight thousand dollars ($8,000) available through the Community Environmental Improvement Grant this year, as outlined in Development Services Department report DSD -19-105 be allocated as follows: • Six hundred dollars ($600) to Kitchener Master Gardeners specifically for room rentals; and, • Eight hundred dollars ($800) to Sunshine Montessori School to purchase terra -cycle boxes for the school; and, • One thousand and five hundred dollars ($1,500) to Transition Kitchener -Waterloo for room rentals and workshop supplies associated with Neighbourhood Climate Change Adaptation/Mitigation Workshops; and, • Two thousand and seven hundred and twenty dollars ($2,720) to Divest Waterloo for a Resiliency and Regeneration Climate Conversations for Faith Communities Event that would be inclusive to all and marketed to the broadest audience; and further, • Two thousand and three hundred and eighty dollars ($2,380) be prorated toward the 2020 Community Environmental Improvement Grant program. Carried on a recorded vote. That the Finance and Corporate Services meeting dated May 13, 2019 be deemed as the statutory public meeting for the 2019 Development Charges By-law update and it is determined that no further public meetings will be held in respect to the passage of the by-law, as outlined in Financial Services Department report FIN -19-038. COUNCIL MINUTES MAY 27, 2019 -104- CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE — MAY 13, 2019 (CONT'D) That a total of $6,900,000 of the federal gas tax, as outlined in Financial Services Department report FIN -19-039, be allocated as follows: A. $1,100,000 Woodside Park B. $1,000,000 Sportsfields Infrastructure C. $300,000 Vanier Park Splash Pad D. $650,000 Park Bridge Replacements E. $1,000,000 Roofing Replacement: The Aud F. $600,000 Roofing Replacement: Recreation & Culture Facilities G. $975,000 91 Moore Sustainable Building Improvements H. $650,000 HVAC Replacement: Breithaupt Centre I. $625,000 Parks Improvement Program Carried. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MAY 13, 2019 That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Greek Orthodox Community of Saints Peter and Paul Kitchener -Waterloo & District for their Annual Greek Food Festival at 527 Bridgeport Road, to be held on June 8th, 2019 from 12:00 p.m. to 11:00 p.m. and June 9th, 2019 from 12:00 p.m. to 10:00 p.m., as outlined in Community Services Department report CSD -19-012. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Polocorp Inc. for the development of the Barra Condos at 399 Queen Street South and 168-180 Benton Street, on various dates from May 2019 through September 2019 between the hours of 7:00 p.m. and 7:00 a.m., as outlined in Community Services Department report CSD -19-013. That Council approve the attached policies which support the implementation of the Administrative Monetary Penalty System (AMPS) as set out in Community Services Department report CSD -19- 010; A. Policy to Prevent Political Interference B. Conflict of Interest and Code of Conduct Policy C. Policy Regarding Financial Management and Reporting D. Public Complaints Policy E. Undue Hardship Policy F. Policy for the Appointment of Screening and Hearing Officers. That the City of Kitchener acknowledge that Cook Homes proposes to name a private street 'Gleason Crescent' within a vacant land condominium development located at 155 Westwood Drive, as outlined in Development Services Department report DSD -19-093; and further, That the City's Legal Services be directed to proceed with the required advertising, preparation and registration of the necessary By-law for the naming of the 'Gleason Crescent'. That the Uniform Traffic By-law be amended for the installation of an all -way stop control at the intersection of Glen Road and Pleasant Avenue, as outlined in Development Services Department report DSD -19-103. That the Uniform Traffic By-law be amended for the installation of an all -way stop control at the intersection of Rittenhouse Road and Erinbrook Drive / McCabe Court, as outlined in Development Services Department report DSD -19-104. COUNCIL MINUTES MAY 27, 2019 _105- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MAY 13, 2019 (CONT'D) 7. That the Kitchener Utilities Natural Gas Distribution Policy be approved and that the Gas Distribution System Integrity Management Program outline, be presented for information in accordance with the Technical Standards and Safety Act, 2000 and Regulation 210/01: Oil and Gas Pipeline Systems, as outlined in Infrastructure Services Department report INS -19-006. 8. That the Drinking Water Quality Management Standards (DWQMS) Operational Plan attached to Infrastructure Services Department report INS -19-007, be re -endorsed in accordance with the Safe Drinking Water Act, 2002 and Regulation 188/07. 9. That staff be directed to work with Scott Barker and Gateman Milloy to develop a Survivor Garden concept for Victoria Park, as outlined in Infrastructure Services Department report INS -19-011; and, That staff be directed to undertake stakeholder engagement to inform the garden design; and, That the General Manager, Infrastructure Services be authorized to enter into the necessary agreements with Scott Barker and/or Gateman Milloy, and any other partner for the creation of a Survivor Garden, subject to the satisfaction of the City Solicitor; and further, That the Survivor Garden be included on the list of assets not to be sold for naming rights. 10. That staff be directed to conduct a review of the required level of service stated in By-law chapter 687 (Snow and Ice) as outlined in program component 1 of Infrastructure Services Department report INS -19-009, throughout summer 2019 and report back in fall 2019 with results and recommendations; and, That staff be directed to conduct a pilot to evaluate the initial clearing for 8cm snow events program as outlined in program component 2 of Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and, That staff be directed to conduct a pilot to evaluate the full winter maintenance service of 40 km of sidewalks as outlined in Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and, That staff be directed to develop priority route options as outlined in program component 3 of Report INS -19-009 and report back by May 2020 with results and recommendations; and, That staff be directed to extend the proactive inspection pilot as outlined in program component 4 of Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and, That staff be directed to extend the assisted services for sidewalk and windrow clearing pilot outlined in program component 5, as amended, of Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and, That staff be directed to monitor and further evaluate the neighbourhood shared snow blower pilot as outlined in program component 6 of Report INS -19-009 throughout winter 2019/2020 and report back by May 2020 with results and recommendations; and, That staff be directed to consider the feasibility of requiring the participants of the neighbourhood share snow blower pilot to participate in the assist services for sidewalk and windrow clearing pilot; and, That staff be directed to conduct a representative valid survey as outlined in program component 7 of Report INS -19-009 and report back by May 2020 with results and recommendations; and further, That the Kitchener Municipal Innovation Lab be directed to explore a pilot application to connect residents in need of snow clearing with residents willing to assist. Carried on a Recorded Vote. COUNCIL MINUTES MAY 27, 2019 -106- CITY OF KITCHENER PLANNING AND STRATEGIC INITIATIVES COMMITTEE — MAY 13, 2019 1. As indicated on the Agenda for the Council meeting this date, City staff requested and Council agreed to consider the recommendation outlined in Development Services Department Report DSD -19-130, dated May 22, 2019, in replacement of Clause 1 of the Planning and Strategic Initiatives Committee report, dated May 13, 2019. 2. That Official Plan Amendment Application OP18/003/F/JVW for Activa Holdings, for the property municipally addressed as 100 Seabrook Drive, requesting a change in designation from "Low Rise Residential" to "Mixed Use One" to permit a mixed use development on the parcel of land specified and illustrated on Schedule 'A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -19-079 as Appendix'A', and accordingly forwarded to the Region of Waterloo for approval; and, That Maps 3 and 5 of the Official Plan and Maps 22 a, b, c, d, e, f of the Rosenberg Secondary Plan, be amended, to incorporate lands shown on Schedule 'A' as Phase 2; attached to Report DSD -19-079; and, That the Huron Community Plan, be amended, to remove the Area 2 portion of the subject lands from the Huron Community Plan as shown on Appendix 'C'; and, That Zoning By-law Amendment Application ZC18/003/F/JVW for Activa Holdings requesting a change from Business Park Service Centre Zone (B-3), with Special Use Regulation 330 U to Low Intensity Mixed Use Corridor (MU -1) with Special Regulation Provision 750R and from Residential Six (R-6) to Low Intensity Mixed Use Corridor (MU -1) with Special Regulation Provision 750R and Special Use Provision 476U on the parcel of land specified and illustrated on Map No. 1, be approved, in the form shown in the 'Proposed By-law' dated May 13th, 2019, attached to Report DSD -19-079 as Appendix 'B'; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC18/003/F/JVW. 3. That Zoning By-law Amendment Application ZC17/015/B/AP for WILL -O -HOMES (C.S.) INC., for the property municipally addressed as 450 Bridgeport Road, be approved, in the form shown in the 'Proposed By-law' and 'Map No. 1' attached to Development Services Department Report DSD -19-064 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 Zoning By-law Amendment Application ZC17/015/B/AP; and further, That the Urban Design Brief for 450 Bridgeport Road, attached to Report DSD -19-064 as Appendix 'B', be endorsed and provide the basis for future development. 4. That Zoning By-law Amendment application ZC18/008/N/CD for Principia Development Ltd., for the property municipally addressed as 730 New Dundee Road, requesting to change the zoning from Agriculture Zone (A-1) to Convenience Commercial Zone (C-1) with Special Use Provision 477U, Special Regulation Provision 751 R and Holding Provisions 87H and 25HSR 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 9, 2019, attached to Report DSD -19-095 as Appendix'A'; and further, That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC 18/008/N/CD. 5. That the proposed shared vision for the Development Services Review be approved; and further, That the site plan and public engagement processes be prioritized for review, as outlined in Development Services Department report DSD -19-096. Carried. COUNCIL MINUTES MAY 27, 2019 -107- CITY OF KITCHENER HERITAGE KITCHENER COMMITTEE — MAY 7, 2019 That the Heritage Kitchener 2019-2020 Work Plan, as circulated with the May 7, 2019 Heritage Kitchener Agenda, be approved. Carried.