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HomeMy WebLinkAboutCouncil - 2014-06-30COUNCIL MINUTES JUNE 30, 2014 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT — The meeting began with the singing of "0 Canada ". On motion by Councillor J. Gazzola, the minutes of the regular meeting held June 16, 2014 and special meetings held June 16 & 23, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a. New Official Plan Ms. Michelle DesRosier, D.G.F. Group of Companies, appeared in support of Item b — Option 2 as outlined in Community Services Department report CSD -14 -071 (T. Malone- Wright) to allow a Specific Policy Areas to add a new area for 491, 525, and 563 Highland Road West, and a Specific Policy Area to Part D — Section 15.D.12. Ms. DesRosier referred to circulated correspondence dated June 25, 2014, stating that Option 2 recognizes existing drive - throughs and would allow a future application for a freestanding single use drive - through on the property located at 563 Highland Road west. Mr. Eric Davis, Miller Thomson, appeared on behalf of Maple Leaf Foods, 321 -351 Courtland Avenue East requesting removal of the Ecological Restoration Area overlay and Stream - Ecological Restoration designation from the stream on the subject lands as outlined in correspondence submitted this date. Mr. Greg Shepherd, Christie Digital, addressed Council requesting a special provision in the New Official Plan to allow for free standing office space. Mr. Shepard referred to circulated correspondence dating June 26, 2014, stating that a special provision would enable Christie Digital to retain current flexible land use rights as the company evolves to meet challenges in a competitive business environment. Mr. Steven Zakem, Aird and Berlis, appeared on behalf of Broil King located at 6 Shirley Avenue. Mr. Zakem referred to circulated correspondence dated June 25, 2014 and June 6, 2014, and advised that he and his client are in support of Item F — Option 1 as outlined in Report CSD -14 -071 which proposes revisions to Map 2 — Urban Structure to identify the subject lands as `Urban Corridor' and Map 3 — Land Use to designate the same lands as `Commercial' as well as revise Special Policy 15.D.12.27. On motion by Councillor B. Vrbanovic, seconded by Councillor K. Galloway- Sealock, the report of the Planning and Strategic Initiatives Committee (June 9, 2014) was brought forward for consideration, which includes Item C, Item D — Option 2 for 1215 -1225 Courland Avenue East to permit existing automotive sales use and associated redevelopment opportunities, Item F, Item H, and Item I, as detailed in Report CSD -14 -071. An amendment was brought forward by Councillor Z. Janecki, seconded by Councillor B. loannidis, to add Item B — Option 2 to allow a Specific Policy Area to add a new area for 491, 525, and 563 Highland Road West, and a Specific Policy Area to Part D — Section 15.D.12. Councillor Janecki's amendment was then voted on and was Carried Unanimously on a recorded vote. A further amendment was brought forward by Councillor S. Davey, seconded by Councillor B. Vrbanovic, to include Item E — Option 2 for 809 Wellington Street North from Report CSD14 -071, COUNCIL MINUTES JUNE 30, 2014 -145- CITY OF KITCHENER while striking the following words "associated with the existing business, as of the date of the approval of this plan" from that option. Councillor Davey's amendment was then voted on and was Carried Unanimously on a recorded vote. A further amendment was brought forward by Councillor Z. Janecki, seconded by Councillor B. loannidis, to include Item G — Option 1 for 321 Courtland Avenue East requesting the Region of Waterloo to modify Map 6 to defer the Ecological Restoration Area overlay until such time as the Rockway Stations Study Area Plan, related studies, and amendment to the Mill - Courtland Woodside Park Secondary Plan are completed. Councillor Janecki's amendment was then voted on and was Carried Unanimously on a recorded vote. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway - Sealock "That the report of the Planning & Strategic Initiatives Committee (June 9, 2014), as amended, be adopted." Carried Unanimously, on a recorded vote. 6.b. and 6.c. Municipal Heritage Register Mr. Bill Reitzel appeared in opposition to part of Clause 4 and Clause 8 of the Heritage Kitchener report pertaining to 31 and 23 -27 Cedar Street respectively. Mr. Reitzel requested the subject properties not be listed on the Municipal Heritage Register and expressed concern that listing would impede redevelopment opportunities and would reduce property values. Ms. Kae Elgie, Architectural Conservancy of Ontario (North Waterloo Region), addressed Council in support of the proposed listing of properties on the Municipal Heritage Register as non - designated properties of cultural heritage value or interest, as listed on the Heritage Kitchener report. Moved by Councillor F. Etherington Seconded by Councillor J. Gazzola "That the first bullet of Clause 4 (31 Cedar Street) and Clause 8 (23 -27 Cedar Street) of the Heritage Kitchener report be adopted." A recorded vote was requested. Clause 4, Bullet 1 — LOST on a recorded vote. In Favour: Councillors F. Etherington, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn- Graham, K. Galloway - Sealock, P. Singh and S. Davey. Clause 8 — LOST on a recorded vote. In Favour: Councillors F. Etherington, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn- Graham, K. Galloway - Sealock, P. Singh and S. Davey. COUNCIL MINUTES JUNE 30, 2014 -146- CITY OF KITCHENER Mr. Ian Oh addressed Council in opposition to Clause 9 of the Heritage Kitchener report, requesting that 32 Duke Street not be listed on the Municipal Heritage Register. He expressed concern listing may affect the future resale and / or redevelopment potential of the property and noted the property is less than fifty years old. Moved by Councillor F. Etherington Seconded by Councillor S. Davey "That Clause 9 of the Heritage Kitchener report be approved." A recorded vote was requested. In Favour: Councillors F. Etherington, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn- Graham, K. Galloway - Sealock, P. Singh and S. Davey. Motion LOST. Mr. Ralph Neumann addressed Council in opposition to Clause 1 of the Heritage Kitchener report, requesting that 61 Madison Avenue not be listed on the Municipal Heritage Register. He expressed concern that listing may affect the future resale and / or redevelopment potential of the property. Moved by Councillor F. Etherington Seconded by Councillor S. Davey "That Clause 1 of the Heritage Kitchener report be approved." A recorded vote was requested. In Favour: Councillors F. Etherington, J. Gazzola, Y Fernandes and Z. Janecki. Contra: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn- Graham, K. Galloway - Sealock, P. Singh and S. Davey. Motion LOST. Mr. Rob Piombini addressed Council in opposition to Clause 6 of the Heritage Kitchener report, requesting that 914 King Street West not be listed on the Municipal Heritage Register. He expressed concern that he has owned the property for one year and was not aware of the potential for listing at the time of purchase. He expressed further concern that listing may affect the future resale and / or redevelopment potential of the property. Moved by Councillor F. Etherington Seconded by Councillor S. Davey "That Clause 6 of the Heritage Kitchener report be approved." A recorded vote was requested. In Favour: Councillors F. Etherington, J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn- Graham, K. Galloway - Sealock, P. Singh and S. Davey. 1, 41ne", *911111111 COUNCIL MINUTES JUNE 30, 2014 -147- CITY OF KITCHENER 6.d. and 9.a. Notice of Motion — Painted Intersections Mr. Lane Burman, Mt. Hope - Breithaupt Park Neighbourhood Association, appeared in support of painted intersections at Ahrens and Wilhelm Streets, listed as Item 9. a. under New Business. He gave a presentation stating painted intersections create a visual speed barrier and act as an effective traffic calming measure. In response to questions, Mr. Burman stated the cost for materials required for the pilot project would be borne by the Mt. Hope - Breithaupt Park Neighbourhood Association. He explained that since the paint is water -based and would need to be re- applied, it would be desirable to start the project in Spring 2015. Mr. J. Readman, Director of Transportation Services, responded to questions confirming the use of the proposed location at Ahrens Street and Wilhelm Street for the painted intersection pilot project. He indicated other municipalities have incorporated designs into visual speed barriers to effectively slow traffic. Members of Council expressed interest in community consultation and encouraged Mr. Burman to obtain the opinions of the citizens in the affected area. Moved by Councillor D. Glenn- Graham Seconded by Councillor Z. Janecki "WHEREAS given the interest in neighbourhoods to do traffic calming where the intersection may not otherwise qualify in the near future through the City's priority list; and, WHEREAS neighbourhoods are willing to take an active leadership role in designing and painting of an intersection with daily traffic flow less than 2000 vehicles; THEREFORE BE IT RESOLVED that staff be directed to report back to August 11, 2014 Community and Infrastructure Services Committee meeting on the feasibility of a policy that would allow for Painted Intersections in low traffic volume inner neighbourhood intersections, with a one -year pilot to be implemented at the intersection of Wilhelm and Ahrens Streets." Carried. 6.e. Zone Change 11/14M/GS - 250 Woolwich Street Council considered Community Services Department report CSD -14 -074 (B. Bateman), recommending the inclusion of two revised conditions as part of the zone change application and draft plan of subdivision for 250 Woolwich Street, listed as Clause 2, on the June 23, 2014 Planning and Strategic Initiatives Committee report. Ms. Luella Kains addressed Council and gave a presentation depicting the laneway and treed area that would be impacted by the proposed development and expressed concern the tree canopy would be lost. In addition, she requested consideration be given to a barrier and plantings at the rear of Lots 1 and 10; and, to require the developer to provide ground cover to all lots as a condition of approval. In response to questions, Ms. Kains stated the 70mm tree specimens suggested in Report CSD -14- 074 are insufficient to fully compensate for the loss of the 60 ft. trees on the subject lands. Mr. Hugh Handy, GSP Group, appeared in support of the proposed plan of subdivision and zone change for 250 Woolwich Street. He gave a presentation stating staff has worked with GSP Group, MTE and NRSI to review opportunities for tree retention for the development. He advised the Applicant has agreed to implement trenchbox construction for the required services to minimize impact to the trees. He explained the extension of services requires removal of trees on Lot 10 and indicated mitigation measures are an enhanced screening plan to replace tree removal on Lot 10 as well as a significant natural area protection (Block 11) with retention of trees. In response to questions regarding interim groundcover, Mr. Handy agreed to grading and applying groundcover to the subject lands. COUNCIL MINUTES JUNE 30, 2014 -148- CITY OF KITCHENER Questions were raised regarding engineering and servicing requirements for the proposed development. Mr. J. Willmer, Chief Administrator, suggested wording which could justify the capping of waterline laterals while limiting the potential for precedent on private property. Mr. Joe Sestan, Applicant, addressed Council in support of the proposed development advising he has acted proactively toward the neighbours in this area and referred to correspondence circulated this date advising he had sent a letter to adjacent residents prior to obtaining development approvals. He indicated that in order to reduce the impact of the tree loss due to servicing, he intends to try to relocate Scotch Pine trees displaced during the development. On motion by Councillor B. Vrbanovic, seconded by Councillor K. Galloway - Sealock, the motion contained within Addendum report CSD -14 -074 was brought forward for consideration with an additional clause to address capping of waterline laterals on Lot 10 if permitted by proper engineering practices. An amendment was brought forward by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, to include within the tree management plan the requirement to relocate the Scotch Pines impacted by development. Councillor Janecki's amendment was then voted on and was LOST on a recorded vote with Councillors D. Glenn- Graham, F. Etherington, J. Gazzola, Y Fernandes and Z. Janecki in favour; and, Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway - Sealock, P. Singh and S. Davey in opposition. Councillor S. Davey brought forward an amendment to Councillor Vrbanovic's motion to include Lot 1 in the additional clause to address capping of waterline laterals. Mr. Willmer addressed Council suggesting the motion could be modified to remove the word `fully' from the two revised conditions recommended for approval in Report CSD -14 -074 to address Ms. Kain's concerns related to the 70mm tree specimen being insufficient to fully compensate for tree removal. In addition, Mr. Willmer clarified that Lot 1 in its entirety will be the new public street and would require removal of all water services. Councillor S. Davey then withdrew his amendment and Councillor B. Vrbanovic agreed to modify his motion to remove "fully" from Conditions 2.16 and 2.2.12 as outlined in Addendum Report CSD -14- 074. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway - Sealock "That Clause 2 of the Planning and Strategic Initiatives Committee report, as amended, be adopted." A recorded vote was requested In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway - Sealock, P. Singh, S. Davey, D. Glenn- Graham, F. Etherington, J. Gazzola and Z. Janecki Contra: Councillor Y Fernandes Carried. Margaret Avenue Bridge Replacement Council considered Infrastructure Services Department report INS -14 -066 (S. Allen) dated June 24, 2014 listed as Item 5 on the Committee of the Whole agenda recommending Alternative 1, to pause the project and install a pedestrian bridge, as outlined in the Report. Mr. John Valenta addressed Council regarding the status of the Margaret Avenue Bridge replacement and inquired if a level crossing had been considered. COUNCIL MINUTES JUNE 30, 2014 -149- CITY OF KITCHENER Mr. S. Allen, Manager of Engineering Design and Approvals, responded advising steep slopes toward the railway tracks exceed engineering standards and would not meet standard railway requirements for approval. Messrs. Lane Burman and Ted Parkinson, Mt. Hope - Breithaupt Park Neighbourhood Association, addressed Council in support of Alternative 2 as outlined in report INS -14 -066, stating that building a bridge in anticipation of full growth capacity would ensure the City would not need to rebuild the bridge in the future. Mr. Parkinson stated residents are frustrated and, in his opinion, a pedestrian bridge would not be supported by the neighbourhood. He encouraged Council to consider an alternative which would lead to constructing a bridge to support future population and transportation needs. Moved by Councillor P. Singh Seconded by Councillor B. loannidis "That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda." Carried Unanimously. On motion by Councillor P. Singh, seconded by Councillor F. Etherington, the motion contained within Report INS -14 -066 recommending Alternative 1 was brought forward for consideration. In response to questions regarding possible funding through a Building Canada Grant, Mr. D. Chapman, Deputy CAO, Finance and Corporate Services Department, indicated the project could be submitted for consideration; however, a response would not likely be available for the August 11, 2014 Committee meeting. A commitment to the construction of three tracks under the Margaret Avenue Bridge was noted as not possible at this time as Metrolinx / Go Transit have indicated two tracks are sufficient to meet immediate transportation requirements. Councillor P. Singh then withdrew his motion. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. Vrbanovic "That staff be directed to proceed to the engineering design stage on Alternative 2 as outlined in Community and Infrastructure Services Department report INS -14 -066; and, That staff explore opportunities for funding from the Regional, Provincial and Federal levels of government and report back to the August 11, 2014 Committee meeting; and further, That the Purchase Order issued to Hatch Mott MacDonald for the design and contact administration of the Margaret Avenue Bridge replacement, be extended by $274,703 (incl. HST)." Carried Unanimously on a recorded vote. 6.f. - Tenders Mr. L. Gordon, Director of Supply Service, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That Proposal P14 -048 Wireless Device Services and Hardware (Co- operative), be awarded to Bell Mobility Inc., Mississauga, Ontario, for four (4) years, with an option to renew for two (2) additional two -year terms, subject to mutual agreement between the co- operative and Bell Mobility Inc." -and — COUNCIL MINUTES JUNE 30, 2014 -150- CITY OF KITCHENER "That Tender T14 -013 Elevator Services, be awarded to ThyssenKrupp Elevator (Canada) Ltd., Hamilton, Ontario, at their adjusted tendered price of $284,964., plus H.S.T. of $37,045.32, for a total of $322,009.32, for a five (5) year period, with an option to renew for one (1) further five (5) year term." -and - "That Tender T14 -038 Pick -Up of Construction Aggregates, be awarded to Tri City Materials Limited, Petersburg, Ontario, at their tendered price of $128,883.75, plus H.S.T. of $16,754.88, for a total of $145,638.63, with an option to renew for two (2) additional twelve (12) month terms." -and - "That Tender T14 -055 Two (2) Six Wheel Street Sweepers with a 3.3 Cubic Metre (4.5 Cubic Yard) Variable High Side Dump Debris Hopper, be awarded to Cubex Ltd., Brantford, Ontario, at their tendered price of $561,216., plus H.S.T. of $72,958.08, for a total of $634,174.08." -and - "That Expression of Interest E14 -053 — Consultant Services — Freeport Forcemains, be awarded to MTE Consultants Inc., Kitchener, Ontario at their estimated fee of $542,086.60, including contingencies of $49,280.60, plus H.S.T. of $70,471.26, for a total of $612,557.86, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Expression of Interest E14 -036 — Consultant Services — Union Street/Maple Avenue (Lancaster Street West to Sereda Road /Arnold Street to Union Street) Road Reconstruction, be awarded to Conestoga- Rovers & Associates, Waterloo, Ontario at their estimated fee of $351,987.90, including contingencies of $31,998.90 plus H.S.T. of $45,758.43, for a total of $397,746.33, based on a satisfactory contract being negotiated and an upset fee being established." 951ii eE "That Tender T14 -057 — Schneider Creek (CN Rail Line to Manitou Drive) Creek Remediation be awarded to 560789 Ontario Limited o/a R &M Construction, Acton, Ontario at their tendered price of $986,343.58, including provisional items and contingencies of $92,000., plus H.S.T. of $128,224.67, for a total of $1,114,568.25." Carried. Moved by Councillor B. loannidis Seconded by Councillor F. Etherington "That the report of the Community and Infrastructure Services Committee be adopted." Councillor J. Gazzola requested that Clauses 8 and 12 be voted on separately. Voted on clause by clause. Clause 8— Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, K. Galloway- Sealock, B. loannidis, D. Glenn- Graham, F. Etherington, P. Singh, S. Davey and Z. Janecki. Contra: Councillors J. Gazzola and Y. Fernandes. COUNCIL MINUTES JUNE 30, 2014 -151- CITY OF KITCHENER Clause 12 - Carried Balance of report - Carried. W9 191khIkhl11 a1:11:111111: J:11191: 4& ISaIki Fill ki I: yz1ve1ki UX919101i7:7e'llIA&1l:11:1►U[y *1 Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Finance and Corporate Services Committee be adopted." Councillor S. Davey requested that Clause 2 of the Committee report be voted on separately. Voted on clause by clause. Clause 2 — Carried, on a recorded vote In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway - Sealock, P. Singh, F. Etherington and S. Davey. Contra: Councillors J. Gazzola, D. Glenn - Graham, Z. Janecki and Y. Fernandes. Balance of report - Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES (Meeting of June 9, 2014) Dealt with under Delegations. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES (Meeting of June 23, 2014) Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway - Sealock "That the balance of the Planning & Strategic Initiatives Committee (meeting of June 23, 2014), be adopted." Councillor K. Galloway - Sealock requested that Clauses 3 and 4 be voted on separately. Clause 3 — Carried Unanimously, on a recorded vote. Clause 4 — Carried Unanimously, on a recorded vote. Balance of report - Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor F. Etherington Seconded by Councillor B. Vrbanovic "That the balance of the Heritage Kitchener report be adopted." Carried Unanimously, on a recorded vote. M111109191khhh111a1:11:111111: J:11li ]:4 &'Welt11D]11119191khhh111a1:110 Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor P. Singh COUNCIL MINUTES JUNE 30, 2014 -152- CITY OF KITCHENER "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notion of Motion with respect to a motion to introduce the report of the Audit Committee of June 30, 2014." Carried Unanimously. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Audit Committee be adopted." Carried. 8. UNFINISHED BUSINESS — 8.a. Policy 1 -442 (Flag Policy) Council considered Finance and Corporate Services Department report FCS -14 -127 (C. Goodeve) recommending that Council Policy 1 -442 (Flag Policy) be repealed and replaced with a revised Council Policy (Community Flags Raising and Flag Protocol). On motion by Councillor B. Vrbanovic, seconded by Councillor K. Gal loway - Sealock, the recommendation within Report FCS -14 -127 was brought forward for consideration. Councillor S. Davey requested the proposed locations for the community flag poles be voted on separately. A recorded vote was requested. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway - Sealock "That Council Policy 1 -442 (Flag Policy) be repealed and replaced with the revised draft Council Policy (Community Flags Raising and Flag Protocol), as attached to Finance and Corporate Services Department report FCS -14- 127." Carried on a recorded vote. Flag Pole - City Hall Location: In Favour: Mayor C. Zehr and Councillors P. Singh, B. loannidis, B. Vrbanovic, D. Glenn - Graham, K. Galloway - Sealock and F. Etherington. Contra: Councillors J. Gazzola, S. Davey, Y. Fernandes and Z. Janecki. Flag Pole - Speakers Corners Location: In Favour: Mayor C. Zehr and Councillors P. Singh, B. loannidis, B. Vrbanovic, D. Glenn - Graham, S. Davey, Y. Fernandes, K. Galloway - Sealock and F. Etherington. Contra: Councillors J. Gazzola and Z. Janecki. 9. NEW BUSINESS — 9.a. Painted Intersections Dealt with under Delegations. COUNCIL MINUTES JUNE 30, 2014 -153- CITY OF KITCHENER 10. QUESTIONS AND ANSWERS — In response to questions, staff agreed to investigate and, where necessary, provide additional information on the following matters: • The status of the potential installation of a sidewalk on Vista Crescent; and, • How the City manages insect/pest infestations and how this compares to the practices of other municipalities. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add nine additional by -laws for three readings this date being two Part Lot Control By -laws and zoning amending by -laws and Official Plan amendments relating to Clause 1 (June 9, 2014) and Clauses 2, 3, 4 and 5 (June 23, 2014) of the Planning and Strategic Initiatives Committee reports. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By -law No. 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. e. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. f. Being a by -law to amend Chapter 115 of the City of Kitchener Municipal Code with respect to Corporate Leadership Team. g. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 43 to 72 inclusive, Registered Plan 58M -568 — Renfrew Street. h. To confirm all actions and proceedings of the Council. i) Being a by -law to adopt Amendment No. 103 to the Official Plan j) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Principia Development Ltd., Sestan Building Group and Joseph Dave Sestan — 250 Old Woolwich Street k) Being a by -law to adopt Amendment No. 105 to the Official Plan 1) Being a by -law to amend Zoning By -law No. 85 -1, as amended, known as the Zoning By -law of the City of Kitchener (South Estates Kitchener GP Inc. and South Estates (Kitchener) Limited Partnership) — 1531 Bleams Road) m) Being a by -law to amend Zoning By -law No. 85 -1, as amended, known as the Zoning By -law of the City of Kitchener Big Spring Farms Limited — 1255 — 1291 Fischer Hallman Road. n) Being a by -law to adopt Amendment No. 104 to the Official Plan COUNCIL MINUTES JUNE 30, 2014 -154- CITY OF KITCHENER o) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — City of Kitchener and NovaCore Communities Corporation — 83 Elmsdale Drive p) Being a by -law to exempt certain lots from Part Lot Control — Part Lots 83 to 87 inclusive, 90, 91, 93, 94, 97 and 98, Registered Plan 58M -570 — Greenwater Street and Greenwater Place q) Being a by -law to exempt certain lots from Part Lot Control — Part of Block 29, Registered Plan 58M -392 — Upper Mercer Street. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. 12. COMMITTEE OF THE WHOLE - On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn- Graham "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 B. Vrbanovic Seconded by Councillor F. Etherington "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. 2014 -078) 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. 2014 -079) 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. 2014 -080) d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2014 -081) COUNCIL MINUTES JUNE 30, 2014 -155- CITY OF KITCHENER e. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By -law No. 2014 -082) f. Being a by -law to amend Chapter 115 of the City of Kitchener Municipal Code with respect to Corporate Leadership Team. (By -law No. 2014 -083) g. Being a by -law to exempt certain lots from Part Lot Control — Part Lots 43 to 72 inclusive, Registered Plan 58M -568 — Renfrew Street. h. To confirm all actions and proceedings of the Council. i) Being a by -law to adopt Amendment No. 103 to the Official Plan (By -law No. 2014 -084) (By -law No. 2014 -085) (By -law No. 2014 -086) j) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Principia Development Ltd., Sestan Building Group and Joseph Dave Sestan — 250 Old Woolwich Street (By -law No. 2014 -087) k) Being a by -law to adopt Amendment No. 105 to the Official Plan (By -law No. 2014 -088) 1) Being a by -law to amend Zoning By -law No. 85 -1, as amended, known as the Zoning By -law of the City of Kitchener (South Estates Kitchener GP Inc. and South Estates (Kitchener) Limited Partnership) — 1531 Bleams Road) (By -law No. 2014 -089) m) Being a by -law to amend Zoning By -law No. 85 -1, as amended, known as the Zoning By -law of the City of Kitchener Big Spring Farms Limited — 1255 — 1291 Fischer Hallman Road. (By -law No. 2014 -090) n) Being a by -law to adopt Amendment No. 104 to the Official Plan (By -law No. 2014 -091) o) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — City of Kitchener and NovaCore Communities Corporation — 83 Elmsdale Drive (By -law No. 2014 -092) p) Being a by -law to exempt certain lots from Part Lot Control — Part Lots 83 to 87 inclusive, 90, 91, 93, 94, 97 and 98, Registered Plan 58M -570 — Greenwater Street and Greenwater Place (By -law No. 2014 -093) COUNCIL MINUTES JUNE 30, 2014 -156- CITY OF KITCHENER q) Being a by -law to exempt certain lots from Part Lot Control — Part of Block 29, Registered Plan 58M -392 — Upper Mercer Street. (By -law No. 2014 -094) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:54 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 30, 2014 -157- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K -W Oktoberfest Inc. for a series of events being held at various clubs between October 10 and October 18, 2014, as outlined in the letter from K -W Oktoberfest Inc., dated May 6, 2014, as attached to Community Services Department report CSD -14 -061. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Kimberly Cleveland for a wedding celebration at 19 Uxbridge Crescent on August 2, 2014, between the hours of 3:00 p.m. and 11:00 p.m., as outlined in Community Services Department report CSD -14 -064. 3. That the Ministry of Transportation, Ontario (MTO) and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work, between the hours of 7:00 p.m. to 7:00 a.m. for the period from July 2, 2014 to August 22, 2014, during the Geotechnical Investigation For Bridge Replacement and Road Rehabilitation project on the K -W Expressway at Victoria Street in the City of Kitchener, as outlined in Infrastructure Services Department report INS -14 -060. 4. That the Uniform Traffic By -law be amended so that the existing 15 minute loading zone on the south side of Duke Street East from a point 13 meters east of Frederick Street to a point 25 meters east of Frederick Street be relocated to the south side of Duke Street East from a point 20 metres east of Frederick Street to a point 12 metres east thereof; and further, That an on- street accessible parking space be installed on the south side of Duke Street from a point 13 metres east of Frederick Street to a point 7 metres east, as outlined in Infrastructure Services Department report INS -14 -059. 5. That the Mayor and Clerk be authorized to execute a lease agreement, subject to the satisfaction of the City Solicitor, with the current property owner at 75 Ardelt Place in the City of Kitchener for the use of the lands for the purpose of providing a snow dumping facility for the exclusive use of City staff and their contractors, as outlined in Infrastructure Services Department report INS -14 -065. 6. That consideration of the following motion contained in Infrastructure Services Department report INS -14 -056, be deferred to the August 11, 2014 Special Council meeting to allow staff time to survey the residents on whether they would prefer the recommended `no stopping' prohibition on the north or south side of Commonwealth Street: `That the Uniform Traffic By -law be amended to prohibit stopping any time 8:00 a.m. to 4:30 p.m. Monday to Friday on the south side of Commonwealth Street between Max Becker Drive and a point 125 meters east thereof, be extended easterly to Commonwealth Crescent, as outlined in Infrastructure Services Department report INS- 14-056.' That Bicycle Lanes be installed on Battler Road from Strasburg Road to Huron Road, on Eckert Street from Dixon Drive to First Avenue; and further, That the Uniform Traffic By -law be amended to prohibit parking at anytime on both sides of Battler Road from Strasburg Road to Huron Road, as outlined in Infrastructure Services Department report INS -14 -064. That the Kitchener Rangers be allocated $357,875. from the Kitchener Memorial Auditorium Complex (KMAC) Site Upgrading capital account by August 1, 2014 to replace the video score clock; and further, That the KMAC Site Upgrading capital account be adjusted in the 2015 Capital Budget, as outlined in Community Services Department report CSD -14 -066. COUNCIL MINUTES JUNE 30, 2014 -158- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the My Ideal City program be approved in its current form and the Youth Forum program be expanded as a pilot for the 2014/15 school year as stated in Chief Administrator's Office report CAO -14 -034; and further, That expansion of the Youth Forum program is conditional on a minimum participation rate of seven members of Council per forum and a continued partnership with the Rotary Club of Kitchener, as outlined Report CAO -14 -034. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 10. That the Neighbourhood Matching Funds Grant guidelines, attached to report Community Services Department report CSD -14 -018, be approved; and, That $10,000 per year, for three years, be budgeted for the grant program; and, That the Neighbourhood Matching Funds Grant be funded out of the Community Assistance Loan reserve fund; and further, That staff evaluate and report back to Council on the effectiveness of the grant program at the completion of year three. 11. That Council Policy 1 -114 (Kitchener Cycling Advisory Committee - Terms of Reference) be repealed and replaced with the draft Council Policy (Cycling and Trails Advisory Committee - Terms of Reference), attached as Appendix `A' to Infrastructure Services Department report INS -14 -021, save and except for the following amendments: • Section 3.2 - replace the word `may' with `shall'; • Section 3.2 - added `and shall include at least one member who is not a cyclist'; • Section 3.4 - reworded to `The Committee shall, from amongst its members, choose a Committee Chair who is not a member of Council and a Committee Vice -Chair who may be a member of Council'; • Section 3.5 - Quorum revised to 6 members from 5 members; and, • Section 5.2 - reworded to `The Committee shall report through the Community and Infrastructure Services Committee unless the Committee Chair, in consultation with staff, deems it expedient that a report be made directly to Council', and further, That the Cycling and Trails Advisory Committee begins its first term in January 2015. 12. That an east bound contra -flow bicycle lane be installed on Nyberg Street between Ottawa Street South and Sydney Street South, and sharrows be installed within the westbound travel lane of Nyberg Street between Ottawa Street South and Sydney Street South; and, That sharrows be installed on Nyberg Street between Borden Avenue South and Ottawa Street south; and, That the Uniform Traffic By -law be amended to prohibit parking at any time on the south side (odd number side) of Nyberg Street from Ottawa Street South to Sydney Street South; and further, That the Uniform Traffic By -law be amended to permit for a maximum period of three consecutive hours on the north side (even number side) of Nyberg Street from Sydney Street South to a point 22 metres east of Ottawa Street South, as outlined in Infrastructure Services Department report INS -14 -062. 13. That the existing bicycle lane on Queen Street between St. George Street and Courtland Avenue be removed; and, That Queen Street between Courtland Avenue and Lancaster Street, Courtland Avenue West/Jubilee Drive /Park Street between Queen Street and Victoria Street, Joseph Street between Victoria Street and Queen Street, and Gaukel Street between Joseph Street and King Street be added to the sharrow network; and, COUNCIL MINUTES JUNE 30, 2014 -159- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Henry Street between Victoria Street and Jubilee Drive, and College Street between Ahrens Street and King Street be added to the signed bike route network; and further, That the Uniform Traffic By -law be amended accordingly, to implement the cycling infrastructure improvements installation, as outlined in Appendix `A' of Infrastructure Services Department report INS -14 -061. FINANCE AND CORPORATE SERVICES COMMITTEE — That the Fees and Charges Schedule be amended to remove Leisure Guide Advertising Rates, as outlined in Chief Administrator's Office report CAO -14 -029. That the Brownfield Remediation Program Application for 83 Elmsdale Drive, received from Novacore Communities Corporation (the "Purchaser ") or a related corporation dated October 2013, be approved; and, That in exchange for a completed and filed Record of Site Condition for the subject property, the Purchaser upon becoming the owner will be provided a grant 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 2013 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 annual City property tax grant is estimated to be $429,509., payable for six years with $408,149., being paid on the seventh and final year following re- assessment by MPAC; 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, 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 Novacore Communities Corporation or a related company, to implement the provisions of the Brownfield Remediation Program Application for 83 Elmsdale Drive, as outlined in Chief Administrator's Office report CAO -14- 030. That the amendments to Council Policy 1 -517 (Collections - Utility and Miscellaneous Receivable) and Council Policy 1 -518 (Collections - Property Taxes), be approved, as outlined in Finance and Corporate Services Department report FCS -14 -096. PLANNING AND STRATEGIC INITIATIVES COMMITTEE (meeting of June 9, 2014) — 1. That the `Staff Response to Comments Received on the Final Draft of Proposed City of Kitchener Official Plan', attached as Appendix `B' to Community Services Department report CSD -14 -031, be acknowledged as forming part of the public record for the adoption of the City's new Official Plan; and, That City- initiated Official Plan Amendment OP14 /04 /COK/TMW, to remove those lands proposed to be included within the boundary of the new Urban Growth Centre in the City's new Official Plan, to remove one property from the North Ward Secondary Plan, and which includes the final version of the City's new Official Plan, be adopted, in the form shown in the proposed Official Plan Amendment attached to Report CSD -14 -031 as Appendix A', and accordingly forwarded to the Region of Waterloo for approval, with the following changes: • Revise Map 5 - Specific Policy Areas to add a new area for 491, 525 and 563 Highland Road West; and, • Add a Specific Policy Area to Part D - Section 15.D.12 to read as follows: COUNCIL MINUTES JUNE 30, 2014 -160- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 15.D.12.XX. 491,525 and 563 Highland Road West Notwithstanding the Mixed Use land use designation: PLANNING AND STRATEGIC INITIATIVES COMMITTEE (meeting of June 9, 2014) — (Cont'd) a) On the lands legally described as Part of Lots 20 and 21, Registered Plan 1004, more particularly described as Parts 1 to 6 on Reference Plan 58R -5638, municipally known as 491, 525 and 563 Highland Road West, drive - throughs existing as of the date of approval of this plan will be permitted in any form of building; and, b) On the lands legally described as Registered Plan 1004, Part Lot 21, more particularly described as Parts 5 and 6 on Reference Plan 58R -5638, municipally known as 563 Highland Road West, clause 15.D.4.9 a) shall not apply; and, Revise Map 5 - Specific Policy Areas to add a new area for 1215 -1225 Courtland Avenue East; and, Add a Specific Policy Area to Part D - Section 15.D.12 to read as follows: 15.D.12.XX. 1215 -1225 Courtland Avenue East Notwithstanding the Natural Heritage Conservation land use designation of the lands legally described as Part Lot 7 Plan 757 Kitchener, Part 6 on Reference Plan 58R -6530, Save & Except Part 2 on Reference Plan 58R- 17465, municipally known as 1215 Courtland Avenue East, and the westerly portion of lands legally described as Part Lot 7 Plan 757 Kitchener; Part Lot 9 Plan 1029 Kitchener, Being Part 2 on Reference Plan 58R -6530, Save & Except Parts 4 To 15 Inclusive on Reference Plan 58R- 17465, municipally known as 1225 Courtland Avenue East, the automotive sales use existing as of the date of approval of this plan will be permitted along with redevelopment opportunities associated with the existing automotive sales use subject to the development approval process, the completion and acceptance of any necessary Environmental Impact Study (EIS), and any required permits; and, • Revise Map 5 - Specific Policy Areas to add a new area for 809 Wellington Street North; and, • Add a Specific Policy Area to Part D - Section 15.D.12 to read as follows: 15.D.12.XX. 809 Wellington Street North Notwithstanding the Business Park Employment land use designation of the lands legally described as Part of Lots 32, 33 and 34, Registered Plan 763, more particularly described as Parts 1 to 3 on Reference Plan 58R -3130 and Part 1 on Reference Plan 58R- 10424, municipally known as 809 Wellington Street North, office uses will be permitted up to a maximum of 100 percent of the gross floor area to a maximum Floor Space Ratio of 0.5; and, COUNCIL MINUTES JUNE 30, 2014 -161- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL • Revise Map 2 - Urban Structure to identify the lands legally described as Part of Lots 34, 35 and 36, Registered Plan 763 and municipally known as 6 Shirley Avenue as `Urban Corridor' instead of `Industrial Employment Area', and, • Revise Map 3 - Land Use to designate the same lands as `Commercial' instead of `Business Park Employment', and, • Revise Special Policy 15.D.12.27 to read as follows: 15.D.12.27 6 Shirley Avenue PLANNING AND STRATEGIC INITIATIVES COMMITTEE (meeting of June 9, 2014) — (Cont'd) Notwithstanding the Commercial land use designation of the lands legally described as Part of Lots 34, 35 and 36, Registered Plan 763, municipally known as 6 Shirley Avenue, office uses up to a maximum of 100 percent of the gross floor area and to a maximum Floor Space Ratio of 0.5 will also be permitted; and, That the Region of Waterloo modify Map 6 - Natural Heritage System to officially defer under the Ontario Planning Act the Ecological Restoration Area overlay as it applies to the property municipally known as 321 Courtland Avenue East and that the deferral be in effect until such time as the Rockway Stations Study Area Plan is completed along with any supporting studies and amendment to the Mill - Courtland Woodside Park Secondary Plan; and, That Council's adoption of the new Official Plan, attached as Schedule `H' to Appendix `A' to Report CSD -14 -031, meets the requirements of the Ontario Planning Act including Sections 2 and 26, that is conforms to the Growth Plan for the Greater Golden Horseshoe, has regard to matters of Provincial Interest, and is consistent with the Provincial Policy Statement and conforms to all applicable Provincial plans and the Regional Official Plan; and further, That Deferral No. 1, Deferral No. 3a and an unnumbered Deferral by City Council dated August 27, 2001 on Map 5 - Land Use Plan of the City's current Official Plan (1994) be recommended for removal and that this recommendation be forwarded to the Region of Waterloo for approval. (Carried, as Amended, on a recorded vote) PLANNING AND STRATEGIC INITIATIVES COMMITTEE (meeting of June 23, 2014) — 1. That the e- Services Roadmap as a component of the Corporate Customer Service Strategy Phase 2 be received, as outlined in Finance and Corporate Services report FCS -14 -080 and staff be directed to proceed with the following priority e- Services actions: • Internet website improvements to better promote and improve access to existing e- Services and mirror PingStreet "Report a Problem" categories to our website e- Service offerings; and, • Parking systems review to enable parking exemption capabilities and parking complaints e- Services; and further, • Examine additional e- Services through the existing AMANDA public portal product That Zone Change Application ZC /11/14/W/GS (J. Sestan) requesting a change in zoning from Agricultural Zone (A -1) with Special Regulation Provisions and Property Detail to Residential Three (R -3), Residential Six (R -6) and Open Space (P -2) with Special Regulations and Property Detail be approved in the form shown in the `Proposed By -law' dated, May 2014 attached to Community Services Department report CSD -14 -004 as Appendix `B'; and, COUNCIL MINUTES JUNE 30, 2014 -162- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the City of Kitchener grant an exemption to the City's Sidewalk Policy 1 -1120 to have no sidewalk on the east side of Old Cottage Place; no sidewalk on Old Cottage Close, and that no sidewalk be extended along on the west side of Old Cottage Place where it currently terminates at 18 Old Cottage Place; and, That the City of Kitchener grant an exemption to the City's Emergency Services Policy 1 -1035 to allow for one emergency access to serve two cul -de -sacs instead of the required one cul -de- sac; and further, PLANNING AND STRATEGIC INITIATIVES COMMITTEE (meeting of June 23, 2014) — (Cont'd) That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P13 as amended, and delegation by -law 2002 -64, grant draft approval to Plan of Subdivision Application 30T- 11205, in the City of Kitchener, for Sestan Building Group, subject to the conditions outlined in Report CSD -14 -004; and, That conditions 2.16 and 2.2.12 in CSD -14 -004 be deleted and be replaced with 2.16 "That prior to grading or registration (whichever shall come first), the SUBDIVIDER agrees to prepare a Tree Management and Compensation Planting Plan for Lot 10 to the satisfaction of the City's Director of Planning. This plan will include an assessment and valuation of all existing vegetation using standard International Society of Arborist's methods as well as a replanting scheme using a mix of trees with larger trees being a minimum sized caliper of 70mm specimens and designed to compensate for any required removals. The plans will also include detailed tree management schedules for the pre- construction, construction and post construction periods with the developer responsible to replace any trees that do not survive during this period. Any variation to this approved plan shall only be permitted if approved in writing by the City's Director of Planning. The SUBDIVIDER further agrees to provide written certification to the CITY's Director of Planning that all tree protection measures have been implemented and inspected, in accordance with the CITY's Tree Management Policy ". 2.2.12. "That prior to grading or registration (whichever shall come first), the SUBDIVIDER agrees to prepare a Tree Management and Compensation Planting Plan for Lot 10 to the satisfaction of the City's Director of Planning. This plan will include an assessment and valuation of all existing vegetation using standard International Society of Arborist's methods as well as a replanting scheme using a mix of trees with larger trees being a minimum sized caliper of 70mm specimens and designed to compensate for any required removals. The plans will also include detailed tree management schedules for the pre- construction, construction and post construction periods with the developer responsible to replace any trees that do not survive during this period. Any variation to this approved plan shall only be permitted if approved in writing by the City's Director of Planning. The SUBDIVIDER further agrees to provide written certification to the CITY's Director of Planning that all tree protection measures have been implemented and inspected, in accordance with the CITY's Tree Management Policy "; and further, That if proper engineering practices permit, the City Engineer allow the three existing water laterals to be capped and remain in place on Lot 10. (Dealt with under Delegations and Carried, as Amended) That Official Plan Amendment Application OP /14HB /JVW (South Estates G.P. Kitchener INC. and South Estates Kitchener Limited Partnership) requesting a change in the land use designation from Low Density Residential One to Neighbourhood Park, in the form shown in the proposed Official Plan Amendment attached to Community Services report CSD -14 -051 as Appendix `A' be adopted and forwarded to the Region of Waterloo for approval; and, COUNCIL MINUTES JUNE 30, 2014 -163- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Zone Change Application ZC/08/35/B /JVW (South Estates G.P. Kitchener INC. and South Estates Kitchener Limited Partnership) requesting a change in zoning from Agricultural Zone (A -1) to Residential Six Zone (R -6), Community Institutional Zone (1 -2), Public Park Zone (P- 1), Open Space Zone (P -2), Hazard Zone (P -3) in the form shown in the `Proposed By -law' dated June 4th, 2014, attached to Community Services Department Report CSD -14 -051 as Appendix `B' be approved; and further, PLANNING AND STRATEGIC INITIATIVES COMMITTEE (meeting of June 23, 2014) — 3. (Cont'd) That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P13 as amended, and delegation by -law 2002 -64, grant draft approval to Plan of Subdivision Application 30T- 08206, in the City of Kitchener, (South Estates G.P. Kitchener INC. and South Estates Kitchener Limited Partnership) subject to the conditions outlined in Report CSD -14 -051. 4. That Zone Change Application ZC /09/04/F /JVW (Big Springs Farms Limited) requesting a change in zoning from Agricultural Zone (A -1) to Residential Six Zone(R -6), Residential Eight Zone (R -8), Residential Nine Zone (R -9), Mixed Use One Zone, Community Institutional Zone (1 -2), Public Park Zone (P -1), Open Space Zone (P -2), Hazard Lands (P -3) in the form shown in the revised `Proposed By -law' distributed June 23, 2014 be approved; and further, That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P13 as amended, and delegation by -law 2002 -64, grant draft approval to Plan of Subdivision Application 30T- 09201, in the City of Kitchener, for Big Springs Farms Limited, subject to the conditions outlined in Community Services Department report CSD -14 -052. 5. That Official Plan Amendment Application OP13 /04 /E /KA for City of Kitchener (83 Elmsdale Drive) requesting a change in designation from Municipal Services and Public Utilities District to Neighbourhood Mixed Use Centre with Special Policy 54 to permit a mixed use development on the parcel of land specified and illustrated as the `Area of Amendment' on Schedules `A' and Al', in the form shown in the Official Plan Amendment attached to Community Services Department report CSD -14 -049 as Appendix `A' be adopted, and accordingly forwarded to the Region of Waterloo for approval; and, That Council request that the Regional Municipality of Waterloo amend section 15.D.12 of the Final New Official Plan to add a new Site Specific Policy (to be numbered accordingly) and in the form shown on the `Amendment to Final New Official Plan', to amend Map 2 to identify as Neighbourhood Node the parcel of land specified an illustrated as the `Area of Amendment' on Schedule I; to amend Map 3 to change the designation from Major Infrastructure and Utilities to Mixed Use for the parcel of land specified an illustrated as the `Area of Amendment' on Schedule 11; and to amend Map 5 to add a new Site Specific Special Policy to the lands to permit a mixed use development on the parcel of land specified an illustrated as the `Area of Amendment' on Schedule III, all as attached to Community Services Department report CSD - 14 -049 as Appendix `B'; and, That Zone Change Application ZC13 /15 /E /KA for the City of Kitchener (83 Elmsdale Drive) requesting a change from General Industrial Zone (M -2) to Neighbourhood Shopping Centre Zone (C -2) with Special Regulation Provision 649R, Special Use Provision 436U and Holding Provision 71H on the parcel of land specified and illustrated as the `Subject Area' on Map No. 1, in the form shown in the `Proposed By -law' dated May 20, 2014, attached to Report CSD - 14 -049 as Appendix `C' be approved; and, That the Urban Design Guidelines for 83 Elmsdale Drive, dated May 8, 2014, and attached to Report CSD -14 -049 as Appendix `E', be adopted, and that staff be directed to apply the Urban Design Guidelines through the Site Plan Approval process; and further, COUNCIL MINUTES JUNE 30, 2014 -164- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That staff be directed to give consideration to a more comprehensive review of the vehicle and pedestrian movement at the Elmsdale and Ottawa Street intersection and the mid -block intersection with Ottawa Street, through the Site Plan Approval process. HERITAGE KITCHENER — 1. That pursuant to Section 27 of the Ontario Heritage Act the property municipally addressed as 61 Madison Avenue South be listed on the Municipal Heritage Register as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -036. (Dealt with under Delegations and LOST on a recorded vote) 2. That pursuant to Section 27 of the Ontario Heritage Act the property municipally addressed as 85 Queen Street North be listed on the Municipal Heritage Register as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -036. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -048: • 69 Agnes Street. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -048: • 33 Cedar Street North; • 35 Cedar Street North; • 37 Cedar Street North; • 39 Cedar Street North; • 41 Cedar Street North; • 43 Cedar Street North; • 187 Duke Street East; and, • 189 Duke Street East. (Carried, as Amended) That pursuant to Section 27 of the Ontario Heritage Act, the following property be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -048: • 283 Duke Street West. That pursuant to Section 27 of the Ontario Heritage Act, the following property be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -048: • 914 King Street West. COUNCIL MINUTES JUNE 30, 2014 -165- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (Dealt with under Delegations and LOST, on a recorded vote) 7. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -060: • 51 Benton Street; • 79 Benton Street; • 83 Benton Street, • 30 Cherry Street; HERITAGE KITCHENER — (CONT'D) 7. (Cont'd) • 40 Cherry Street; • 101 Church Street; • 30 -32 Duke Street West; • 42 Francis Street North; • 40 Gage Avenue; • 38 -41 Irvin Street; • 3571 King Street East; • 201 Lancaster Street East; • 304 Louisa Street; • 87 Margaret Avenue; • 100 Margaret Avenue; • 104 -106 Margaret Avenue; • 112 Margaret Avenue; • 136 Margaret Avenue; • 148 Margaret Avenue; • 41 Pandora Avenue North; • 79 -81 St. George Street; • 82 -84 Waterloo Street; and, • 130 Weber Street West. 8. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -060: • 23 -27 Cedar Street North. (Dealt with under Delegations and LOST on a recorded vote) 9. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register each as a non - designated property of cultural heritage value or interest, in accordance with the respective Statement of Significance attached as Appendix 'A' to Community Services Department report CSD -14 -060: • 32 Duke Street East/ 58 -60 Frederick. (Dealt with under Delegations and LOST on a recorded vote) 1. That the 2013 Audited Consolidated Financial Statements of the City of Kitchener be approved. COUNCIL MINUTES JUNE 30, 2014 -166- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JUNE 30, 2014 -167- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by -laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. FCS -14 -121 — Declaration and Conveyance of Surplus Lands Council considered Finance and Corporate Services Department report FCS -14 -121 (L. MacDonald), dated June 18, 2014. It was resolved: "That the closure of a portion of the Bridgeport Road Extension, namely, the lands described as Part Lot 59, G.C.T. more particularly, Part 4, Plan 58R -18133 and the closure of a portion of Riverbend Drive, namely, the lands described as Part Lot 59, G.C.T. more particularly, Part 3, Plan 58R- 18133, be approved in principle, and that those lands being closed be declared surplus to the City's needs and that Legal Services be instructed to proceed with the preparation of a by -law and for the necessary advertising in the local newspaper for the closing of the aforementioned roads. The road closures are subject to the following conditions: 1. That all required easements be granted prior to the conveyance of the closed portions of the roads; 2. That the purchaser (Owner of 526 Lancaster St) be responsible for all of the costs related to the road closures, including but not limited to City Legal Fees, registrations, and advertising associated with the closure of the roads; and, 3. A Road Closing by -law be enacted by Council; and further, That the Mayor and Clerk be authorized to execute all necessary documentation to effect these transactions, said documentation to be to the satisfaction of the City Solicitor." 3. FCS -14 -124 — Dog Designation Appeal Committee Council considered Finance and Corporate Services Department report FCS -14 -124 (D. Livingstone), dated June 18, 2014. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Thomas Glutting, wherein the Committee affirms the Dangerous Dog Designation applied to his dog `Foxy Lady' by the Kitchener - Waterloo and North Waterloo Humane Society and assigns conditions for keeping of said dog, be ratified and confirmed." 4. CSD -14 -069 — Noise Exemption Request — Centreville- Chicopee CC Council considered Community Services Department report CSD -14 -069 (S. Turner), dated June 23, 2014. It was resolved: COUNCIL MINUTES JUNE 30, 2014 -168- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Kenneth Bongomin for a community basketball tournament at the Centreville Chicopee Community Centre, 141 Morgan Avenue, on August 10, 2014, between the hours of 11AM and 9PM." 5. INS -14 -066 — Margaret Avenue Bridge Replacement Dealt with under Delegations. 6. INS -14 -070 — Partial Property Acquisition — David Street - 290 Queen Street South & 51 -53 David Street Council considered Infrastructure Services Department report INS -14 -070 (S. Allen), dated June 19, 2014. Mr. S. Allen, Manager of Engineering Design and Approvals, addressed Council advising that Clause 1 of the recommendation as printed in Report INS -14 -070 should be revised to replace the word "the" on the last line with the word "each ". Council agreed to the proposed amendment to Clause 1 of the staff recommendation. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale, satisfactory to the City Solicitor, with the owners of 290 Queen Street South and 51 -53 David Street, for the purpose of acquiring a portion of two lots on David Street municipally known as 290 Queen Street South and 51 -53 David Street, Kitchener, for the purpose improving the roadway cross section, at a purchase price not to exceed $11,000 plus the cost of a reference plan and all incidental costs associated with each transaction; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete the conveyance; said documentation to be to the satisfaction of the City Solicitor." 7. CAO -14 -034 — Guidelines for New Large -Scale Events at City Facilities Council considered Chief Administrator's Office report CAO -14 -034 (R. Regier), dated May 29, 2014. It was resolved: "That the proposed Guidelines for New Large Scale Outdoor Events at City Owned Facilities as attached to Chief Administrator's Office report CAO -14 -034, be approved." 8. INS -14 -071 — Memorandum of Understanding — Charles / Benton Electric Vehicle Charging Station Council considered Infrastructure Services Department report INS -14 -071 (J. Readman), dated June 23, 2014. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the Regional Municipality of Waterloo for the installation and operation of an electric vehicle charging station at the Charles and Benton garage, said agreement to be satisfactory to the City Solicitor; and, COUNCIL MINUTES JUNE 30, 2014 -169- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) That Council approves the collection of pay - per -use fees for accessing electric vehicle charging equipment owned by the City; and further, 8. INS -14 -071 — Memorandum of Understanding — Charles / Benton Electric Vehicle Charging Station (Cont'd) That Council approves a user fee of $1.00 per hour for use of the public charging equipment for 2014, after which time the user fee will be established through the comprehensive fee review as part of the annual budget process." 9. CSD -14 -073 — Noise Exemption — Market Square Garage Rehabilitation Project Council considered Community Services Department report CSD -14 -073 (S. Turner), dated June 25, 2014. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Albatech Construction for construction work on the Market Square parking garage, on various evenings, between the hours of 7PM and 7AM, from July 2 to August 25, 2014." 10. FCS -14 -128 — Authorization to Execute Amendment to Conditional Permit Agreements Council considered Finance and Corporate Services Department report FCS -14 -128 (L. MacDonald), circulated this date. On motion by Councillor K. Galloway- Sealock, seconded by Councillor P. Singh, Council agreed to add Finance and Corporate Services Department report FCS -14 -128 to the Committee of the Whole Agenda. It was resolved: "That Council- delegated approval authority to the Chief Building Official for the approval of conditional permit agreements be amended to delete in subsection a) the words "registered on title" and replace with the word "executed" as outlined in Finance and Corporate Services Department report FCS -14- 128."