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HomeMy WebLinkAboutCouncil Minutes - 2022-03-21Council Meeting Minutes March 21, 2022, 7:00 p.m. Electronic Meeting Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Gazzola Councillor C. Michaud Councillor K. Galloway-Sealock Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Marsh Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator V. Raab, General Manager, Corporate Services J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services L. MacDonald, City Solicitor B. Rowland, Director, Corporate Communications and Marketing R. Bustamante, Director, Planning N. Lobley, Director, Parks and Cemeteries A. Fusco, Director Legislated Services/City Clerk G. Stevenson, Manager, Development Planning D. Saunderson, Deputy Clerk 1. COMMENCEMENT The electronic meeting began with a Land Acknowledgement given by the Mayor. 1 1.1 Commemoration of the 2nd anniversary of the Covid-19 pandemic. Mayor B. Vrbanovic acknowledged and commemorated and the second year anniversary of the COVID-19 Global Pandemic. Council conducted a moment of silence to honour those that were impacted. 2. MINUTES FOR APPROVAL On motion by Councillor D. Schnider the minutes of the regular meeting held February 28, 2022, and special meetings held February 28 and March 9, 2022, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.1 Councillor P. Singh - 30 Francis Street South Official Plan Amendment OPA/21/001/R/DE and Zoning By-law Amendment ZBA21/002/F/DE - DSD - 2022 -062 Councillor P. Singh declared a pecuniary interest with 30 Francis Street South Official Plan Amendment OPA/21/001/R/DE and Zoning By-law Amendment ZBA21/002/F/DE - DSD -2022-062 on the Planning and Strategic Initiatives Committee report listed on the agenda this date as members of his family own property in the vicinity of the subject project. Accordingly, he did not participate in any discussion or voting regarding these matters. 4. COMMUNICATIONS REFERRED TO FILE 5. PRESENTATIONS 5.1 International Day for the Elimination of Racial Discrimination Mayor B. Vrbanovic addressed Council on behalf of the International Day for the Elimination of Racial Discrimination. 5.1.a Sharon Van Manen and Saba Oji, Equity and Anti -racism Advisory Committee Sharon Van Manen and Saba Oji, Equity and Anti -racism Advisory Committee, addressed Council on behalf of International Day for the Elimination of Racial Discrimination. S. Oji presented overview on the work, purpose and responsibilities of the Equity and Anti -racism Advisory Committee. S. Oji further presented the mission, vision and values that have been established by the Committee. S. Van Manen spoke to the International Day of Racial Discrimination. S. Van Manen and S. Oji then responded to questions from Council. E Councillor C. Michaud provided notice this date that she would be bringing forward a Notice of Motion at the April 4, 2022, Special Council meeting related to the intention to direct staff to establish an Access without Fear Policy. 5.1.b Jasmine Mwangi, Ayesha Munir and Chiharu Sanada Williams, Grand River Collegiate Institute Jasmine Mwangi, Ayesha Munir and Chiharu Sanada Williams, Grand River Collegiate Institute students addressed Council on behalf of the International Day of Racial Discrimination and responded to questions from Council. 6. DELEGATIONS 6.1 The Grand Watershed Trails Network 6.1.a Anne Crowe A. Crowe, The Grand Trails Network, addressed Council related to a multi -use section trail and specifically the potential connections within the Region that would improve the connection through the City between West Montrose and Cambridge. A. Crowe stated they she has approached City Staff related to opportunities within the City and stated she was in attendance this date to address the trail connection and note the importance of linkages across the province and responded to questions from Council. 6.2 890-900 King Street West Official Plan Amendment OPA21/005/K/BB and Zoning By-law Amendment ZBA21/008/K/BB - DSD -2022-089 Council considered Development Services Department report DSD -2021-089 - related to Official Plan Amendment OPA21 /005/K/BB and Zoning By-law Amendment ZBA21/008/K/BB for the property municipally addressed as 890-900 King Street West listed as item 7.3.b under the Planning and Strategic Initiatives Committee report dated March 9, 2022. Andrea Sinclair, MHBC Planning and Jodie Wacko, Cantiro King General Partner Ltd. were in attendance in support of the subject application. In response to questions, A. Sinclair stated in discussions with Planning staff it has been acknowledged Site Plan Approval would not be granted unless the concerns related to Dodd's lane and its accessibility were addressed. In response to further questions, G. Stevenson stated staff would continue to work with the applicant related to their proposed 5% affordable housing commitment, noting Council could be kept apprised of the work surrounding that agreement. Moved by Councillor D. Chapman Seconded by Councillor P. Singh 3 "That Official Plan Amendment Application OPA21/005/K/BB for Cantiro King General Partner Ltd. requesting Special Policy Area 20 to permit a mixed-use development with a Floor Space Ratio of 10.1 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 -2022-089 as Appendix "A", and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA21/008/K/BB for Cantiro King General Partner Ltd. be approved in the form shown in the "Proposed By-law" and "Map No. 1"; 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 this Zoning By-law Amendment ZBA21/008/K/BB; and further, Pursuant to the Planning Act, section 34(17), Council changes the proposed by-law, attached as Appendix B to DSD -2022-089, as amended by Council, and where Council has determined that no further notice is to be given in respect of the changes to the proposed zoning by-law amendment." Carried 6.3 30 Francis Street South Official Plan Amendment OPA/21/001/R/DE and Zoning By-law Amendment ZBA21/002/F/DE - DSD -2022-062 Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a pecuniary interest with 30 Francis Street South Official Plan Amendment OPA/21/001/R/DE and Zoning By-law Amendment ZBA21/002/F/DE - DSD - 2022 -062 on the Planning and Strategic Initiatives Committee report listed on the agenda this date as members of his family own property in the vicinity of the subject project. Accordingly, he did not participate in any discussion or voting regarding these matters.) Council considered Development Services Department report DSD -2021-062 - related to Official Plan Amendment OPA/21/001/R/DE and Zoning By-law Amendment ZBA21 /002/F/DE for the property municipally addressed as 30 Francis Street South listed as item 7.2.a under the Planning and Strategic Initiatives Committee report dated March 9, 2022. In addition, Council was also in receipt of written submissions from Chris Pidgeon, GSP Group, Evy & Milo Mazan, John MacDonald and IN8 Development and Ridgewood Holdings Inc. related to the subject applications. M J. MacDonald addressed Council in opposition to the subject application for 30 Francis Street, stating in his opinion, the proposed development will not help to assist with addressing affordable housing. J. MacDonald further advised the proposed community benefits from the applicant should not allow for the bonusing proposed and responded to questions from Council. In response to questions, J. MacDonald advised the information he provided to Council on March 18, 2022, via. email, noting it would be up to Council to determine whether public disclosure of the information is necessary to assist Council in the evaluation of the subject applications. In response to questions, J. Readman and L. MacDonald stated they were not in receipt of the information provided by the delegation and would not be able to speak to whether the information could be evaluated or disclosed. G. Stevenson stated in response to the matters raised at the Planning and Strategic initiatives Committee, staff has spoken with the applicant and have agreed to further amendments related to the Zoning By-law, as follows: • Paragraph 3 - Section 776 ii) has been amended to add "accessory amenity uses" as a prohibited use on the ground floor; • Paragraph 3 - Section 776 iii) has been amended to add a regulation to have a minimum of 250 square metres of non-residential commercial floor area; and, • Paragraph 3 - Section 776 vi) g) has been amended to add a regulation to require 28 parking spaces which are designed for the future installation of electrical vehicle supply equipment. A motion was brought forward by Councillor D. Chapman, which was seconded by Councillor B. loannidis to approve the recommendation arising from the March 7, 2022, Planning and Strategic Initiative Committee meeting, including the proposed By-law amendments as recommended by G. Stevenson this date. Councillor J. Gazzola requested a recorded vote. Moved by Councillor D. Chapman Seconded by Councillor B. loannidis "That Official Plan Amendment Application OPA/21/001/F/DE for 30 Francis Kitchener Incorporated requesting a Specific Policy Area be refused; and, That Zoning By-law Amendment Application ZBA21/002/F/DE for 30 Francis Kitchener Incorporated be approved in the form shown in the G� `Proposed By-law', as amended by Council this date, and `Map No. 1', attached to Report DSD -2022-062 as Appendix `A'; and, 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 ZBA21/002/F/DE; and further, Pursuant to the Planning Act, section 34(17), Council changes the proposed bylaw, attached as Appendix B to DSD -2022-089, as amended by Council, and where Council has determined that no further notice is to be given in respect of the changes to the proposed zoning by-law amendment." In Favour (8): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor K. Galloway-Sealock, Councillor B. loannidis, Councillor M. Johnston, Councillor S. Marsh Contra (2): Councillor J. Gazzola, and Councillor D. Chapman Carried (8 to 2) 6.4 Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b - Applying New Residential Zones on Properties - DSD -2022-088 and Information Report DSD -2022-157 Council considered Development Services Department report DSD -2021-088 - City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b — Applying Residential Zones), listed as item 7.3.a under the Planning and Strategic Initiatives Committee report dated March 9, 2022. In addition, Council was also in receipt of written submissions from Alina and loan Solomes and Larry Kotseff and Ron Giesler related to CRoZBy. Amanda Stellings, GSP Group, addressed Council related to the property municipally addressed as 658 Stirling Avenue South and requested the property retain its current Zoning rather being amended through CRoZBY. Councillor D. Chapman brought forward a motion to approve the recommendation arising from the March 9, 2022, Planning and Strategic Initiative Committee meeting, which was seconded by Councillor P. Singh. n. Councillor B. loannidis brought forward an amendment, which was seconded by Councillor C. Michaud to repeal and replace Clause 1 of the recommendation with the following: That City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By- law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b - Applying Residential Zones), be approved in the form shown in the "Proposed By-law" attached to Development Services Department report DSD -2022-088 as Appendix A, with the following modifications: 1. That the Natural Heritage Conservation (NHC-1) zone be deleted and replaced with the Low Rise Residential One (RES -1) zone for 80, 86, 92, 96, 100 & 110 Trussler Road, and; 2. That the Natural Heritage Conservation (NHC-1) zone be deleted and replaced with the Low Rise Residential Two (RES -2) zone for 106 Robertson Crescent; 9, 15, 19, 25, 27, 29, 33, 37, 41, 45, 49, 53, 57, 61 & 65 Yellow Birch Drive; 98, 102, 106, 110, 114, 118, 122, 126, 130, 134, 138, 142, 146, 150 & 154 Stonehenge Place; and 206, 210, 214, 218, 222, 226, 230, 234, 242, 246, 250, 254, 258, 262, 266, 270, 274, 278 & 282 Driftwood Drive, and; 3. That the Natural Heritage Conservation (NHC-1) zone and Low Rise Residential One (RES -1) zone be deferred to a future stage of CRoZBy for 27 Sunbridge Crescent, and; 4. That the Prime Agriculture (AGR -1) zone be deferred for the lands outside of the Dundee North Secondary Plan area known as the "Southwest Kitchener Planning Area (SKPA) Activa lands" and the "Schlegel Bayer" lands pending the conclusion of the ongoing Regional Official Plan review process, and; 5. That the RES -4 zone for 225, 231, 237, 241, 245, 249, 253, 257, 261, 265, 269, 273, 277, 281, 285, 289 & 293 Weber Street West be deleted and replaced with RES -5 and site specific provision (340). 6. That the zone for 1388 Highland Road West be changed to RES -7 with site specific provision (339), holding provision (27H), and holding provision (35H), and; 7. That the zone for 15-105 Moorgate Crescent be changed to RES -7 with site specific provision (339) and holding provision (35H). 7 8. That the Natural Heritage Conservation (NHC-1) zone be deferred to a future stage of CRoZBy for 658 Stirling Avenue South, PLAN 230 LOT 171 & PLAN 230 LOT 172. Councillor S. Marsh brought forward a further amendment which was seconded by Councillor D. Schnider to amend the "Natural Heritage Conservation Zone (NHC-1)" within Zoning By-law 2019-051 be deleted and replaced with "Natural Conservation Zone (NHC-1). It was further suggested and agreed due to the proposed amendment that the following clauses be included in the resolution this date, to waive any further notice requirements as outlined in the Planning Act: "That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b — Applying Residential Zones).; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances and zoning by-law amendments shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/003/COK/RK." Councillor J. Gazzola requested Councillor Marsh's amendment to be voted on separately on a recorded vote and that the balance of the motion once amended this date also be voted on, on a recorded vote. Councillor Marsh's amendment was then voted on and was Carried on a recorded vote with Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, C. Michaud, P. Singh, B. loannidis, M. Johnston and S. Marsh voting in favour; and, Councillors J. Gazzola, K. Galloway-Sealock and D. Chapman voting in opposition. Councillor loannidis's amendment was then voted on and was Carried. The following motion was then voted on, on a recorded vote. Moved by Councillor D. Chapman Seconded by Councillor P. Singh "That City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By- law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b — Applying Residential Zones), be approved in the form shown in the "Proposed By-law" attached to Development Services Department report DSD -2022-088 as Appendix A, with the following modifications: 1. That the Natural Heritage Conservation (NHC-1) zone be deleted and replaced with the Low Rise Residential One (RES -1) zone for 80, 86, 92, 96, 100 & 110 Trussler Road, and; 2. That the Natural Heritage Conservation (NHC-1) zone be deleted and replaced with the Low Rise Residential Two (RES -2) zone for 106 Robertson Crescent; 9, 15, 19, 25, 27, 29, 33, 37, 41, 45, 49, 53, 57, 61 & 65 Yellow Birch Drive; 98, 102, 106, 110, 114, 118, 122, 126, 130, 134, 138, 142, 146, 150 & 154 Stonehenge Place; and 206, 210, 214, 218, 222, 226, 230, 234, 242, 246, 250, 254, 258, 262, 266, 270, 274, 278 & 282 Driftwood Drive, and; 3. That the Natural Heritage Conservation (NHC-1) zone and Low Rise Residential One (RES -1) zone be deferred to a future stage of CRoZBy for 27 Sunbridge Crescent, and; 4. That the Prime Agriculture (AGR -1) zone be deferred for the lands outside of the Dundee North Secondary Plan area known as the "Southwest Kitchener Planning Area (SKPA) Activa lands" and the "Schlegel Bayer" lands pending the conclusion of the ongoing Regional Official Plan review process, and; 5. That the RES -4 zone for 225, 231, 237, 241, 245, 249, 253, 257, 261, 265, 269, 273, 277, 281, 285, 289 & 293 Weber Street West be deleted and replaced with RES -5 and site specific provision (340); and, 6. That the zone for 1388 Highland Road West be changed to RES -7 with site specific provision (339), holding provision (27H), and holding provision (35H), and; 7. That the zone for 15-105 Moorgate Crescent be changed to RES -7 with site specific provision (339) and holding provision (35H); and, 8. That the Natural Heritage Conservation (NHC-1) zone be deferred to a future stage of CRoZBy for 658 Stirling Avenue South, PLAN 230 LOT 171 & PLAN 230 LOT 172; and, 9. That all references to "Natural Heritage Conservation Zone (NHC- 1)" within Zoning By-law 2019-051 be deleted and replaced with "Natural Conservation Zone (NHC-1); and, 9 That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b - Applying Residential Zones); and further, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances and zoning by-law amendments shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/003/COK/RK." In Favour (11): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor J. Gazzola, Councillor C. Michaud, Councillor K. Galloway- Sealock, Councillor P. Singh, Councillor B. loannidis, Councillor M. Johnston, Councillor D. Chapman, Councillor S. Marsh Carried, unanimously on a recorded vote (11 to 0) 7. REPORTS OF COMMITTEES 7.1 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - MARCH 7, 2022 Moved by Councillor S. Marsh Seconded by Councillor D. Schnider "That the report of the Community and Infrastructure Services Committee, dated March 7, 2022, listed as items 7.1.a. to 7.1.g. on the agenda this date, be adopted." 7.1.a Summary Water Report - 2021, INS -2022-039 "That the 2021 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg. 170/03 Schedule 22 of the Safe Drinking water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water Report to the Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg. 170/03." Carried 10 7.1.b Environmental Assessment (EA) Addendum to the Integrated Stormwater Management Master Plan, INS -2022-102 "That Staff be directed to post the Revised Notice of Study Completion Addendum to the Integrated Stormwater Management Master Plan Schedule `B' Environmental Assessment Project File for the mandatory 30 -day review period, as outlined in Infrastructure Services Department report INS -2022-102." Carried 7.1.c Naming of a Private Street- 630 and 690 Benninger Drive - Activa Holding Inc., DSD -2022-064 "That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of "Urbane Boulevard", "Ardor Avenue", "Reverie Way", "Musing Street", "Moxie Lane", and "Mettle Way", as outlined in Development Services Department report DSD -2022-064." Carried 7.1.d Level 2 Type D Pedestrian Crossover- Stirling Avenue North at Lydia Street, DSD -2022-044 "That a Level 2 Type D Pedestrian Crossover (PXO) be implemented on Stirling Avenue North at Lydia Street, across the north approach of the intersection, as outlined in Development Services Department report DSD - 2022 -044; and further, That the Uniform Traffic Bylaw be amended accordingly." Carried 7.1.e Uniform Traffic and Parking By-law Changes -ASE and Rates of Speed, DSD - 2022 -092 "That the draft by-law attached to report DSD -2022-092 be enacted to repeal and replace the definition of a School Zone in Part II of By-law 2019-113; and, 11 That the draft by-law attached to report DSD -2022-092 be enacted to add the definition of a Neighbourhood Bikeway in Part II of By-law 2019-113; and, That the draft by-law attached to report DSD -2022-092 be enacted to repeal and replace Section 11 No Stopping in School Zones in Part V of By-law 2019-113; and, That the draft by-law attached to report DSD -2022-092 be enacted to repeal and replace Part XIV — Rates of Speed (km/h) of By-law 2019-113; and, That a new Schedule 28, which is the designated School Zones, be added to the By-law listing the name and address of each school and which roadways are covered by the By-law; and, That Schedule 19, which is the Rates of Speed schedule, be removed from the By-law; and further, That the Uniform Traffic Bylaw be amended accordingly." Carried 7.1.f Provincial Funding Agreement 2022-2024, DSD -2022-099 "That the Mayor and Clerk be authorized to sign a two-year funding agreement with the Province of Ontario for the Small Business Centre to deliver the core business information services, summer company and starter company programs, as outlined in Development Services Department report DSD -2022-099. Said agreement to be to the satisfaction of the City Solicitor; and That the General Manager, Development Services be authorized to execute on behalf of the City of Kitchener any amendments to the two- year funding agreement provided such amendments are to the satisfaction of the City Solicitor; and further, That the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute recipient grant agreements to the satisfaction of the City Solicitor for the Starter Company Plus and Summer Company programs." Carried 12 7.1.g Corporate Climate Action Plan — 2022 Progress Update, Next Steps and Close out - DSD -2022-072 "That Development Services Department report DSD -2022-072 concludes milestone 4 and 5 for the Federation of Canadian Municipalities Partners for Climate Protection Program (FCM PCP); and further, That staff be directed to develop the next generation City of Kitchener Corporate Climate Action Plan (CorCAP) utilizing the Council endorsed TransformWR framework and report back to Council on the development of the next generation Corporate Climate Action Plan in 2023." Carried 7.1.h Housing for All Program Update — 2022 Year in Review, COR -2022-104 "That Council receive Corporate Services Department report COR -2022- 104 (Housing for All Program Update — 2022 Year in Review) for information." Carried 7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 7, 2022. (Dealt with under delegations) 7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 9, 2022. (Dealt with under delegations) 8. UNFINISHED BUSINESS - NIL 9. NEW BUSINESS 9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC Mayor B. Vrbanovic stated the Region of Waterloo municipalities are lifting the state of emergency on March 25, 2022, related to the COVID-19 pandemic. 10. QUESTIONS AND ANSWERS 11. BY-LAWS 11.1 1ST AND 2ND READING At the request of A. Fusco, Director, Legislated Services/City Clerk, Council agreed to four additional By-laws related to matters listed on the Planning and 13 Strategic Initiatives Committee report including - Zoning by-law amendment - 30 Francis Street South; Zoning By-law and Official Plan amendment - 890-900 King Street West and CRoZBy - Stage 2b - Applying Residential Zones. Moved by Councillor D. Schnider Seconded by Councillor K. Gall oway-Sealock "That leave be given the Mover and Seconder to introduce the following by-laws, namely: 11.1.a Being a by law to provide for the establishing and laying out of part of Otterbein Road as public highway in the City of Kitchener. 11.1.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. 11.1.c To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.e To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 11.1.f To further amend By-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. 11.1.g Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 11.1.h Being a by law to provide for the establishing and laying out of part of South Creek Drive as public highway in the City of Kitchener. 11.1.i To confirm all actions and proceedings of the Council. 11.1.j By-law to adopt Amendment No. 117 to the Official Plan. 11.1.k Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — 890-900 King Street West. 14 11.1.1 Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — 30 Francis Street South. 11.1.m Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of Kitchener CRoZBy Stage 2b — Applying Residential Zones. Carried. 12. COMMITTEE OF THE WHOLE On motion, Council resolved itself into the Committee of the Whole to consider its agenda and was Chaired by Councillor Schnider. 12.1 TENDERS D. McGoldrick, General Manager, Infrastructure Services, J. Lautenbach, Chief Financial Officer and J. Readman, General Manager, Development Services, were in attendance to respond to questions from Council related to the tenders. 12.1.a Q22-027 Gas Pipeline Construction - FIN -2022-110 it was resolved: "That Quote Q22-027 Gas Pipeline Construction, be awarded to NPL Canada Limited, Vaughn, Ontario, at their quoted price of $5,599,817, plus H.S.T. of $836,754.30, for a total of $6,436,571.77 for the first year of a three (3) year contract, with the option to renew for one (1) additional two (2) year period." Carried 12.1.b Q22-057 Montgomery Creek (Wilson Park between Wilson Avenue and Vanier Drive) Restoration - FIN -2022-145 it was resolved: "That Quotation Q22-057 Montgomery Creek (Wilson Park between Wilson Avenue and Vanier Drive) Restoration, be awarded to 560789 Ontario Limited o/a R&M Construction, Acton, Ontario, at their adjusted quoted price of $3,100,760.72, including provisional items and contingencies of $149,425., plus H.S.T. of $403,098.89, for a total of $3,503,859.61." Carried 15 12.1.c T22-005 Greenfield Avenue and Traynor Avenue (Carrol Street to Connaught Street) RR - FIN -2022-146 it was resolved: "That T22-005 Greenfield Avenue and Traynor Avenue (Carrol Street to Connaught Street) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $3,387,196.39, including provisional items and contingencies of $221,517.50, plus H.S.T. of $440,335.53, for a total of $3,827,531.92." Carried 12.1.d Q22-058 Three (3) Hybrid Police Interceptor SUVs and One (1) Standard Hybrid SUV - FIN -2022-148 it was resolved: "That Quotation Q22-058 Three (3) Hybrid Police Interceptor SUVs and One (1) Standard Hybrid SUV, be awarded to Parkway Ford Sales (1996) Ltd., Waterloo, Ontario, at their quoted price of $214,202., plus H.S.T. of $ 27,846.26, for a total of $242,048.26." Carried 12.1.e Q22-018 Roof Replacement — KMA - Cooling Tower - FI N-2022-152 it was resolved: "That Quotation Q22-018 Roof Replacement - Kitchener Memorial Auditorium - Cooling Tower be awarded to Atlantic Roofers Ontario Ltd., Hamilton, Ontario, at their quoted price of $133,900., plus H.S.T. of $17,602., for a total of $153,002.00." Carried 12.2 ADMINISTRATIVE REPORTS 12.2.a Funding Support for THEMUSEUM Grant - INS -2022-141 In response to questions, J. Lautenbach agreed to provide an information report at a future Council meeting regarding grant opportunities provided by the City and the funding associated with those grants. it was resolved: "That $162,251 be allocated from the Facilities Management State of Good Repair (SOGR) capital account to complete THEMUSEUM roof replacement in 2022; and, That, subject to the satisfaction of the City Solicitor and Chief Financial Officer, Council approve entering into a legal agreement with THEMUSEUM outlining the financial and reporting terms to manage the Investing in Canada Infrastructure Program (ICIP) grant." Carried 12.2.b Streamline Development Approval Fund (SDAF) - FIN -2022-155 it was resolved: "That a total budget of $1,625,000 be established for Streamline Development Approval Fund (SDAF) projects; and, That funding for $625,000 be budgeted and transferred from the Building Stabilization reserve fund with the balance coming from the SDAF grant; and That the Chief Financial Officer and General Manager of Development Services be delegated authority, subject to the satisfaction of the City Solicitor, to sign any relevant documentation and/or agreements pertaining to the Streamline Development Approval Fund; and further, That Council Approval Authority be waived, in accordance with the Purchasing By-law, for the Procurement of Consulting Services greater than $100,000, for any project that is partially or fully funded from the SDAF." Carried 12.2.c Temporary Supply Chain Measures, FIN -2022-149 it was resolved: "That Council approve the following temporary measures for the remainder of 2022 in response to current supply chain and inflation related trends: • Staff be delegated authority to award Solicitations that are within the Council Approved Budget, thereby reducing the overall timing of awards and increasing cost certainty for vendors; and, 17 • Staff be directed to prioritize capital projects where needed, and defer projects where appropriate to address anticipated capital project shortfalls; and, • Staff be authorized to transfer funds of up to 20% between projects or from appropriate capital reserves to allow high priority projects to still proceed; and, • Staff be delegated authority to extend existing agreements by one year to maintain continuity of operations and ensure a continuous supply of goods or services." In Favour (10): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor K. Galloway-Sealock, Councillor P. Singh, Councillor B. loannidis, Councillor M. Johnston, Councillor D. Chapman, and Councillor S. Marsh Contra (1): Councillor J. Gazzola Carried (10 to 1) 12.2.d Applications for Cancellation, Refund, Reduction of Taxes - FIN -2022-147 J. Lautenbach was in attendance and responded to questions from Council. it was resolved: "That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $217,173.11 as attached to Financial Services Department report FIN -2022-147, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act)." Carried 12.2.e 91 Moore Lease Agreement - Extend -a -family Council considered a matter arising from an electronic in -camera meeting held earlier this date. it was resolved: "That the General Manager, Infrastructure Services be authorized to execute a two-year lease renewal with Extend -a -family at 91 Moore, with In terms and conditions generally consistent with the current lease agreement, said agreement to be satisfactory to the City Solicitor." Carried 12.3 FOR INFORMATION 12.3.a 2021 Statement of Remuneration and Expenses - FIN -2022-113 12.3.b 2021 Year End Variance - FIN -2022-130 13. REPORT OF THE COMMITTEE OF THE WHOLE On motion, Council rose from the Committee of the Whole. Moved by Councillor D. Schnider Seconded by Councillor C. Michaud "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 14.1 3RD READING Moved by Councillor B. loannidis Seconded by Councillor K. Gall oway-Sealock "That the by-laws be given third reading, namely: 14.1.a Being a by law to provide for the establishing and laying out of part of Otterbein Road as public highway in the City of Kitchener. (By Law No. 2022-028) 14.1.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. 2022-029) 19 14.1.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. 2022-030) 14.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By Law No. 2022-031) 14.1.e 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. 2022-032) 14.1.f To further amend By-law No. 2019-113, 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. 2022-033) 14.1.g Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (By Law No. 2022-034) 14.1.h Being a by law to provide for the establishing and laying out of part of South Creek Drive as public highway in the City of Kitchener. (By Law No. 2022-035) 14.1.1 To confirm all actions and proceedings of the Council. (By Law No. 2022-036) 14.1.j By-law to adopt Amendment No. 117 to the Official Plan. (By Law No. 2022-037) 14.1.k Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — 890-900 King Street West. (By Law No. 2022-038) 14.1.1 Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — 30 Francis Street South. (By Law No. 2022-039) 20 14.1.m Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of Kitchener — CRoZBy Stage 2b — Applying Residential Zones. (By Law No. 2022-040) be taken as read a third time, be finally passed and numbered serially by Clerk." 15. ADJOURNMENT On motion, the meeting adjourned at 10:08 p.m. ` Clerk Carried 21