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HomeMy WebLinkAboutCouncil - 2014-11-17COUNCIL MINUTES NOVEMBER 17, 2014 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor Z. Janecki. Councillor P. Singh was in attendance for part of the meeting. 1. COMMENCEMENT — The meeting began with the singing of "0 Canada ". 2. MINUTES — On motion by Councillor Y. Fernandes, the minutes of the regular meeting held September 15, 2014 and special meetings held September 15, November 4 & 10, 2014, as mailed to the Mayor and Councillors, were accepted. At the request of Mr. J. Willmer, Chief Administrative Officer, it was agreed the September 15, 2014 special Council minutes be amended to include a reference to the third Caucus item pertaining to a `personal matter' as per the notice that was circulated to members on September 12, 2014. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - 4. COMMUNICATIONS REFERRED TO FILE — 4a. Certificate of Election Results — Council was circulated with a copy of the October 27, 2014 Municipal Election Results certified by C. Tarling, City Clerk. 5. PRESENTATIONS — Mayor C. Zehr presented a Certificate of Service to Councillor D. Glenn- Graham acknowledging his service to the City of Kitchener as a member of Council from 2010 to 2014. Councillor B. Vrbanovic presented a Certificate of Service to Mayor C. Zehr recognizing his 26 years of service to the City of Kitchener as a Councillor from 1985 to 1994 and as Kitchener's longest serving Mayor from 1997 to 2014. 6. DELEGATIONS — 6.a. Committee of Adjustment Submission No. SG 2014 -008 Mr. Ryan Matthews, Priority Permits, addressed Council in support of Committee of Adjustment Submission No. SG 2014 -008 (2385 Shirley Avenue), listed as Item 1.ii) on the Committee of the Whole agenda. Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That the application of Schlueter Holdings Int. (SG 2014 -008 — 2385 Shirley Drive) requesting permission to install a ground supported sign within the 4.5m (14.763') Lot line Visibility Triangle having a Om clearance from grade whereas the By -law requires signs located in the Lot line Visibility Triangle to have a clearance of 2.44m (8.005'), on Part Lot 41, Plan 1677, being Part 2 on Reference Plan 58R- 17204, 2385 Shirley Drive, Kitchener, Ontario, BE REFUSED; and further, That the application of Schlueter Holdings Int. (SG 2014 -008 — 2385 Shirley Drive) requesting permission to install a ground supported sign having a height of 8.74m (28.674') rather than the permitted maximum height of 7.5m (24.6'), on Part Lot 41, Plan 1677, being Part 2 on Reference Plan 58R- 17204, 2385 Shirley Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City's Planning Division for the proposed ground supported sign. COUNCIL MINUTES NOVEMBER 17, 2014 -222- CITY OF KITCHENER 2. That the sign comply with all other regulations of the By -law, including approved Professional Engineer drawings." Carried. 6.b. `Light the Night' Event Ms. Elizabeth Clarke gave a presentation requesting the City's participation in the `Light the Night' event marking the 25th anniversary of the Ecole Polytechnic massacres. She stated that on December 6, 2014 numerous municipalities across the country will be lighting buildings and landmarks in red to draw attention to the need for action to end violence against women. Mr. J. Witmer, Interim DCAO — Infrastructure Services, advised that in considering the request, it was determined that the Cube atop Kitchener City Hall could be used for the `Light the Night' event. Councillor B. Vrbanovic suggested staff should also investigate, and subject to feasibility, incorporate the lights used to illuminate the Clock Tower in Victoria Park as part of this event. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh "That staff be directed to utilize the Cube at City Hall to participate in the "Light the Night" campaign marking the 25th anniversary of the Ecole Polytechnic massacres; and further, That staff be directed to investigate, and if feasible, incorporate the lights used to illuminate the Clock Tower in Victoria Park as part of the City of Kitchener's "Light the Night" event on December 6, 2014." Carried. Heritage Kitchener (September 30) Clause 3 —1805 Huron Road Ms. Karen Doehn was in attendance in support of Clause 3 on the September 30, 2014 Heritage Kitchener Report regarding the removal of 1805 Huron Road from the Municipal Heritage Register. Moved by Councillor K. Galloway- Sealock Seconded by Councillor F. Etherington "That Clause 3 of the Heritage Kitchener report (meeting of September 30, 2014) be adopted." Carried. 6.c. / 8.c. Momentum Developments — 98, 100, 100 %, 110 Victoria Street South & 55 Bramm Street Councillor P. Singh declared a pecuniary interest with respect to Item 8.c under Unfinished Business regarding Zone Change Application and OPA for 98, 100, 100 '/2 and 110 Victoria Street South and 55 Bramm Street (Momentum Developments), as members of his family own property within the vicinity of the subject lands; accordingly, he did not participate in any discussion or voting regarding this matter. Mr. Chris Pidgeon, GSP Group, addressed Council indicating that as per the information presented at the September 15, 2014 Council meeting, the Applicant previously redesigned this proposal to accommodate the increase in the tower separation distance from the properties on Arthur Place from 1.1 metres to 6 metres. He indicated to provide for the 12.5m separation distance as suggested by Mr. Allerton would jeopardize the project. He pointed out that in keeping with the `Clergy Principle', an application must be considered based on the planning regime in force at the date of application. Accordingly, imposing tower separation requirements that have yet to be developed would be contrary to the principle of fairness and certainty in the planning process. Mr. Mike Maxwell, Momentum Developments, addressed Council in support of the proposed development at 100 Victoria Street South, stating it is in keeping with the tenets behind the City's establishment of the Economic Development Investment Fund. He estimated the annual property COUNCIL MINUTES NOVEMBER 17, 2014 -223- CITY OF KITCHENER taxes as a result of the proposed development at $1.5M and requested Council's approval of the subject Zone Change Application and Official Plan Amendment. Mr. Owen Allerton advised his position remains consistent from the September 15, 2014 Council meeting, at which time he put forward that appropriate tower separation must be imposed in a comprehensive manner to allow the lands between Joseph Street and Bramm Street fronting on to Victoria Street South to be developed in an equitable fashion. He suggested consideration of Momentum's applications should be deferred until tower separation guidelines have been developed and the application has been tested against those standards. In response to questions, Mr. Allerton confirmed that while ideally he would like to see 25 metres separation distance between any future towers imposed as part of the potential standards, he would settle for approximately 20 metres. He commented if this project were to move forward without proper setbacks the City would have to defend its decision at the Ontario Municipal Board (OMB). Mr. Steven O'Melia, Miller Thomson L &E Group, stated he was retained by Mr. Allerton since the September 15, 2014 Council meeting. He encouraged Council to consider deferring this matter to allow time for the development of tower separation guidelines. He commented the `Clergy Principle' does not bind Council's hands and suggested that in situations where there is an emerging policy, it is a good practice to wait for it to be developed. Mr. Terry Ross addressed Council in opposition to the proposed development at 100 Victoria Street South, suggesting a certain number of units should be set aside for use as affordable housing. Ms. Raman Singh addressed Council on behalf of the owner of 92 -94 Victoria Street South, suggesting the location of the proposed tower would have a negative impact on any future redevelopment of the adjacent properties on Arthur Place. She requested a special provision be established to allow for a similar minimum tower setback for the Arthur Place lands and this matter be deferred for two weeks to allow time to negotiate with Momentum Developments to reach a settlement, or to move the tower to the other side of the property. Responding to questions, Mr. A. Pinard, Director of Planning, advised that the reason why no tower separation guidelines exist at this time in the City of Kitchener is that this is the first time this matter has been raised. He commented the earliest tower separation guidelines could be developed would be April 2015, and even then it would probably be recommended the City implement some form of transitional guidelines. He confirmed the Arthur Place properties have the potential for redevelopment and under the existing zoning a six story building could be constructed on those lands. In response to questions, Mr. Maxwell advised that deferring this project would dramatically increase carrying costs, adding that Momentum Developments has been working on this project for almost two years. He advised that while extending out the timeframe would have an adverse impact on the project, he would prefer a hearing over a deferral as there is more certainty surrounding the OMB process. He noted that as of December 6, 2014, Momentum Developments would be eligible to make an application to the OMB. Mr. Pidgeon added that if a setback of 12.5 metres from all property lines were imposed, as requested by Mr. Allerton, this would impede the development of Tower 2 and could result in the cancellation of this project. On motion by Councillor B. Vrbanovic, seconded by Councillor K. Galloway - Sealock, the recommendation contained in Community Services Department report CSD -14 -102 (J. vonWesterholt) to approve Zone Change Application and OPA for 98, 100, 100 '/2 & 110 Victoria Street South and 55 Bramm Street, which provides for a redesigned development with a tower setback that would range from 6.0 to 7.6 metres from the Arthur Place property lines was brought forward for consideration. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor D. Glenn- Graham, to defer consideration of this matter to the May 11, 2015 Council meeting to allow time for the preparation of tower separation guidelines. Councillor Gazzola's deferral motion was then voted on and was LOST. COUNCIL MINUTES NOVEMBER 17, 2014 -224- CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway- Sealock "That Official Plan Amendment Application OP14 /06 /V /JVW for 98, 100, 100 '/2 , 110 Victoria Street South and 55 Bramm Street requesting to add Special Policy 55 to permit a high rise residential development with ground floor commercial uses that is subject to the site - specific provisions on the subject lands illustrated as the `Subject Area' on Schedule A be adopted, in the form shown in the Official Plan Amendment attached to Report CSD -14 -102 as Appendix "A ", and accordingly forwarded to the Region of Waterloo for approval; and, That Council request that the Regional Municipality of Waterloo amend Section 15.D.2 of the New Official Plan (adopted June 2014) to add a new Site Specific Policy 15.D.2.68 as shown on Appendix "B "; for the parcel of land specified and illustrated as the "Area of Amendment" on Schedule "I" and to amend Map 4 to add a new Site Specific Special Policy to the lands to permit a mixed use development on the parcel of land specified and illustrated as the "Area of Amendment" on Schedule "I" , as attached to Report CSD 14 -102 as Appendix `B'; and, That Zone Change Application ZC14 /06 /V /JVW for 98, 100, 100 '/2 , 110 Victoria Street South and 55 Bramm Street for the purpose of changing the zoning from Warehouse District Zone (D -6) to Warehouse District Zone (D -6) with Special Use Provision 439U, Special Regulations 656R,657R,658R,659R,660R and Holding Provision 72H and 73H be approved in the form shown in the "Proposed By -law" dated September15th, 2014 attached to Report CSD -14 -102 as Appendix "C "; and further, That the Urban Design Brief for 98, 100, 100'/2 , 110 Victoria Street South and 65 Bramm Street, dated September 2014 and attached to Report CSD -14 -102 as Appendix "D ", be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. loannidis, S. Davey, B. Vrbanovic, K. Galloway - Sealock and F. Etherington. Contra: Councillors J. Gazzola, D. Glenn- Graham and Y. Fernandes. Absent: Z. Janecki Pecuniary Interest & Abstention: Councillor P. Singh as his parents own property in the vicinity of the subject area. Carried. 6.d. / B.3 Heritage Permits — Upper Doon HCD Council considered Community Services Department report CSD -14 -116 (M. Drake), dated November 10, 2014 regarding two Heritage Permit Applications HPA 2014 -V -029 and HPA 2014 -V- 030 seeking permission to construct new single detached dwellings at 1094 Doon Village Road and 1112 Doon Village Road; listed as item B.3 on the Committee of the Whole agenda. Ms. M. Drake, Heritage Planner, reviewed the Report, advising that at the November 4, 2014 meeting, Heritage Kitchener failed to put forward a decision with respect to the subject applications. She commented there are two other applications before Council this date, being Clause 1 of the September 30, 2014 Heritage Kitchener report and Clause 2 of the November 4, 2014 Heritage Kitchener report, regarding the demolition of the existing buildings on the subject properties. She noted that in accordance with Section 42(4) of the Ontario Heritage Act, if Council does not render a decision on the applications by January 17, 2015, they are deemed to be approved. Messrs. Paul Bostajian and Vince Robitaille, Applicants, addressed Council in support of the subject applications, advising the proposals align with the zoning criteria set out in the Upper Doon Heritage Conservation District Plan in terms of both height and massing. Mr. Robitaille pointed out their COUNCIL MINUTES NOVEMBER 17, 2014 -225- CITY OF KITCHENER original design was modified in consultation with Heritage Planning staff. Mr. Bostajian suggested the proposed new dwellings are similar to those constructed on Oregon Court, which is located within the Upper Doon Heritage Conservation District. Ms. Karen Tilt addressed Council and circulated copies of her speaking notes, which outline her objection to the two proposed new dwellings. She encouraged Council to refuse the applications concerning the proposed demolition of the existing buildings at 1094 Doon Village Road and 1112 Doon Village Road. Mr. Istovan Balogh expressed concern regarding the size and suburban design of the proposed new buildings. He commented the proposed 5,000 sq. ft. and 4,700 sq. ft. dwellings would dwarf his adjacent home which is only approximately 1,300 sq. ft. Mr. Richard Haalboom circulated historic photographs of the buildings at 1094 and 1112 Doon Village Road. He encouraged Council to refuse the subject applications, suggesting the proposed 5,000 sq. ft. and 4,700 sq. ft. dwellings are not compatible with the rural character of the Upper Doon Heritage Conservation District. Mr. Bruno Piccinin circulated documentation on the 14 properties in the area of 1094 and 1112 Doon Village Road. He indicated the proposed new developments are almost three times the size of the average home on Doon Village Road. He advised the proposed new dwellings are contrary to Section 5.9.1 of the Upper Doon Heritage Conservation District Plan. Mayor C. Zehr advised that while he was listed as a delegation for this matter, Mr. Brian McInnes was no longer able to attend tonight's meeting. He noted that correspondence was received from Mr. McInnes and circulated to Council this date, which outlines his concerns with the proposed developments at 1094 and 1112 Doon Village Road. Mr. Richard Haalboom advised that due to the late hour, Mr. Calvin Staples had to leave and it was agreed that Mr. Haalboom would be permitted to review the comments prepared by Mr. Staples in opposition to the proposed construction of the single detached dwellings at 1094 and 1112 Doon Village Road. Mr. John Arndt addressed Council in opposition to the proposed demolitions and new development at 1094 and 1112 Doon Village Road. A motion was brought forward by Councillor B. loannidis, seconded by Councillor P. Singh, to approve the recommendations contained in Report CSD -14 -116. Councillor loannidis' motion was then voted on and was LOST on a tied recorded vote with Mayor C. Zehr and Councillors B. Vrbanovic, P. Singh, B. loannidis and S. Davey voting in favour; and, Councillors K. Gal loway - Sealock, Y. Fernandes, D. Glenn- Graham, F. Etherington and J. Gazzola voting in opposition. Councillor Z. Janecki was not in attendance and accordingly did not vote. Moved by Councillor K. Galloway - Sealock Seconded by Councillor Y. Fernandes "That consideration of the following recommendations contained in Community Services Department report CSD -14 -116, be deferred to December 15, 2014 Council meeting to allow time for staff to work with the applicants to potentially modify the designs of the proposed new single detached dwellings to provide for greater compatibility with the Upper Doon Heritage Conservation District: `That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -029 be to permit the construction of a new single detached dwelling at the property municipally addressed as 1094 Doon Village Road, in accordance with the supporting information submitted with the application, subject to the following conditions: i) That the final colours, materials, siting and setback be reviewed and approved by heritage planning staff prior to issuance of a building permit; and further, NOVEMBER 17, 2014 COUNCIL MINUTES -226- CITY OF KITCHENER ii) That the final building permit drawings be reviewed and heritage clearance provided by heritage planning staff prior to issuance of a building permit.' - and - `That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -030 be to permit the construction of a new single detached dwelling at the property municipally addressed as 1112 Doon Village Road, in accordance with the supporting information submitted with the application, subject to the following conditions: i) That the final colours, materials, siting and setback be reviewed and approved by heritage planning staff prior to issuance of a building permit; and further, ii) That the final building permit drawings be reviewed and heritage clearance provided by heritage planning staff prior to issuance of a building permit. "' Carried. Councillor P. Singh left the meeting at this time. Moved by Councillor K. Galloway- Sealock Seconded by Councillor F. Etherington "That consideration of Clause 1 Heritage Kitchener (September 30, 2014) report and Clause 2 Heritage Kitchener (November 4, 2014) report, be deferred to December 15, 2014 Council meeting to allow time for staff to work with the applicants to potentially modify the designs of the proposed new single detached dwellings to provide for greater compatibility with the Upper Doon Heritage Conservation District Plan." Carried. 6.e. / 8.d. 100, 104 & 108 Walter Street — Vanguard Developments Council considered Community Services Department report CSD -14 -087 (G. Stevenson), dated November 13, 2014 regarding proposed amendments to both Official Plan Amendment OPA14 /01/W /GS and Zone Change Application ZC14 /03/W /GS to allow for the development of a five - storey multiple dwelling at 100, 104 and 108 Walter Street; listed as Item 8.d under Unfinished Business. Mr. G. Stevenson, Planner, gave a presentation indicating the applicant had previously proposed the construction of a six - storey multiple dwelling with a total of 31 units. However, since the September 15, 2014 Council meeting, the applicant has revised their design and are now proposing a five - storey multiple dwelling with 34 dwelling units. He noted that while Planning staff are still supportive of the original six storey proposal, a revised amendment to the Official Plan as well as a Proposed By -law are attached to Report CSD -14 -087, to facilitate the potential approval of the revised five - storey proposal. Mr. Terry Ross addressed Council in opposition to the proposed development at 100, 104 and 108 Walter Street. He suggested that a certain number of units within the proposed development should be set aside as affordable housing. Messrs. Greg Romanick, Stantec Consulting and Matt Bolen, ABA Architects, addressed Council regarding the proposed development at 100, 104 and 108 Walter Street. Mr. Romanick confirmed the previously proposed three - bedroom units had to be removed to accommodate the reduction in the building's height. He further acknowledged that some of the design components had to be removed to facilitate the new design. Mr. David Harmes, area resident, appeared in opposition to the subject applications, expressing concerns the proposed building would not be compatible with the existing community. He commented that while he is pleased to see the proposed revision, it was unfortunate the public was not afforded an opportunity to provide comments prior to today's meeting. COUNCIL MINUTES NOVEMBER 17, 2014 -227- CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway- Sealock "That Official Plan Amendment Application OPA14 /01/W /GS for Vanguard Developments Corporation requesting a change in designation from Low Rise Multiple Residential with Special Policy 3 to Medium Density Multiple Residential with Special Policy 3 to permit a multiple residential dwelling building on the parcels of land specified and illustrated as the `Area 1' and `Area 2' on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD 14 -087 as Appendix `C', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC14 /03/W /GS for Vanguard Developments Corporation requesting a change from Residential Six (R -6) to Residential Eight (R -8) with Special Regulation Provision 655R on the parcels of land specified and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By -law" dated November 17, 2014, attached to Report CSD 14 -087 as Appendix "D "." Carried Unanimously on a recorded vote by all members present. Moved by Councillor B. loannidis Seconded by Councillor Y. Fernandes "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. 6.f. Voters' List Mr. Harald Drewitz addressed Council expressing concerns regarding the development of the Voters' List as well as the distribution of the voter notification cards for the 2014 Municipal Election. Ms. C. Tarling, Director of Legislated Services & City Clerk, advised that staff have employed new technology for this past election which will hopefully serve to mitigate some of the difficulties associated with compiling the Voters' List received from MPAC. She confirmed that staff intends to provide a report to debrief Council on the 2014 Municipal Election as well as initiatives being explored for 2018. Mr. Terry Ross addressed Council and expressed concerns regarding the Voters' List, distribution of voter notification cards and signage at voting locations. He reviewed correspondence from an Election Worker in Ward 6, who has since questioned the procedure related to the processing of ballots from the auxiliary compartment of the ballot box. He responded to questions, providing suggestions as to an alternative delivery date for the voter notification cards as well as the provision of parking at voting locations. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor B. Vrbanovic "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola requested that Clause 5 be voted on separately. Voted on clause by clause. Clause 5 — Carried. Balance of report — Carried. COUNCIL MINUTES NOVEMBER 17, 2014 -228- CITY OF KITCHENER 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor F. Etherington Seconded by Councillor Y. Fernandes "That the balance of the report of Heritage Kitchener (meeting of September 30, 2014) be adopted." Carried. Moved by Councillor F. Etherington Seconded by Councillor Y. Fernandes "That the balance of the report of Heritage Kitchener (meeting of November 4, 2014) be adopted." Carried. 8. UNFINISHED BUSINESS — 8.a. Municipal Heritage Register — 82 Weber Street East Council considered Community Services Department report CSD -14 -059 (M. Drake), dated September 29, 2014 regarding the listing of 82 Weber Street East as a non - designated property of cultural heritage value or interest on the Municipal Heritage Register. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey "That pursuant to Section 27 of the Ontario Heritage Act, 82 Weber Street East 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- 059." Carried. 8.b. Retaining Wall — 74 Boehmer Street Council was in receipt of Infrastructure Services Department report INS -14 -041 (S. Berry), dated November 3, 2014 regarding the retaining wall at 74 Boehmer Street, which has been determined as solely benefiting the owner of the subject property. 8.e. Impact Analysis of the Economic Development Investment Fund (EDIF) Council considered Chief Administrative Officer's report CAO -14 -045 (J. MacDonald), dated November 10, 2014, regarding an external review of the Economic Development Investment Fund (EDIF). Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey "That no further action be taken regarding Consultant Service — Impact Analysis of the Economic Development Investment Fund." Carried Unanimously by all members present. 9. NEW BUSINESS — NIL 10. QUESTIONS AND ANSWERS — NIL COUNCIL MINUTES NOVEMBER 17, 2014 -229- CITY OF KITCHENER 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add four additional by -laws for three readings this date relating to an Official Plan Amendment / zoning by -law for 100 Victoria Street South (Momentum Developments) and an Official Plan Amendment / zoning by -law for Walter Street (Vanguard Developments). Moved by Councillor D. Glenn- Graham Seconded by Councillor B. Vrbanovic "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. To further amend By -law No. 2007 -138, being a by -law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. f. Being a by -law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener. g. Being a by -law to amend By -law 2012 -174 to extend the time period for exemption from Part Lot Control — Part of Block 6, Registered Plan 58M -365 — Valebrook Street. h. Being a by -law to assume certain lands within the City of Kitchener as a public highway. Being a by -law to exempt certain lots from Part Lot Control — Blocks 1, 2, 3, 4, 5 and 6, Registered Plan 58M -366 — Deer Creek Court, Deer Creek Street, Deer Creek Place and Wild Meadow Street. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. k. To confirm all actions and proceedings of the Council. Being a by -law to adopt Amendment No. 109 to the Official Plan. 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 2373074 Ontario Inc. (Momentum Developments) and the City of Kitchener — 98, 100 100'/2, 110 Victoria Street South and 55 Bramm Street. n. Being a by -law to adopt Amendment No. 108 to the Official Plan. o. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Vanguard Developments Corporation — 100, 104 and 108 Walter Street. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES NOVEMBER 17, 2014 -230- CITY OF KITCHENER 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 Y. Fernandes as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Y. Fernandes Seconded by Councillor B. Vrbanovic "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 D. Glenn- Graham Seconded by Councillor B. Vrbanovic "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 -120) 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 -121) 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 -122) d. Being a by -law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2014 -123) e. To further amend By -law No. 2007 -138, being a by -law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By -law No. 2014 -124) f. Being a by -law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener. (By -law No. 2014 -125) g. Being a by -law to amend By -law 2012 -174 to extend the time period for exemption from Part Lot Control — Part of Block 6, Registered Plan 58M -365 — Valebrook Street. (By -law No. 2014 -126) h. Being a by -law to assume certain lands within the City of Kitchener as a public highway. (By -law No. 2014 -127) COUNCIL MINUTES NOVEMBER 17, 2014 -231- CITY OF KITCHENER Being a by -law to exempt certain lots from Part Lot Control — Blocks 1, 2, 3, 4, 5 and 6, Registered Plan 58M -366 — Deer Creek Court, Deer Creek Street, Deer Creek Place and Wild Meadow Street. (By -law No. 2014 -128) j. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. k. To confirm all actions and proceedings of the Council. Being a by -law to adopt Amendment No. 109 to the Official Plan. (By -law No. 2014 -129) (By -law No. 2014 -130) (By -law No. 2014 -131) 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 2373074 Ontario Inc. (Momentum Developments) and the City of Kitchener — 98, 100 100'/2, 110 Victoria Street South and 55 Bramm Street. n. Being a by -law to adopt Amendment No. 108 to the Official Plan. (By -law No. 2014 -132) (By -law No. 2014 -133) o. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Vanguard Developments Corporation — 100, 104 and 108 Walter Street. (By -law No. 2014 -134) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:25 p.m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 17, 2014 -232- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That subject to the 2015 budget deliberations, $27,500. be allocated to the Waterloo Region Green Solutions, Residential Energy Efficiency Project (REEP), as part of the Environmental Committee's 2015 Operating Budget, as outlined in Finance and Corporate Services Department report FCS -14 -185. 2. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Waterloo, relating to community based sexual health clinics for youth at the Downtown Community Centre; and further, That the Deputy CAO of Community Services be authorized to execute renewal agreements, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Waterloo, relating to community based sexual health clinics for youth at the Downtown Community Centre, as outlined in Community Services Department report CSD -14 -102. 3. That Chapter 530 (Dogs) of The City of Kitchener Municipal Code be repealed and replaced with the two By -laws (Responsible Dog Ownership and Designation of Potentially Dangerous, Dangerous, Prohibited and Restricted Dogs) attached to Finance and Corporate Services Department report FCS -14 -187. 4. That Chapter 689 (Termite - Wood- destroying - Insects - Control) of the City of Kitchener Municipal Code be repealed and replaced with the By -law (Prevention and Control of Termites) attached to Finance and Corporate Services Department report FCS -14 -183. 5. That staff be directed to implement a termite treatment loan application and agreement process, as outlined in Finance and Corporate Services Department report FCS -14 -182. (Carried, on a recorded vote) 6. That staff be directed to update the City of Kitchener webpage to provide direct links to school boundary information and direct links to contact information for the four (4) school boards; and further, That staff be directed to add a condition to the standard Sub - Division Agreement to include a requirement for the developer or builder to list the contact information for the four (4) School Boards in all offers of purchase and sale and rental agreements, as outlined in Community Services Department report CSD -14 -105. HERITAGE KITCHENER (Meeting of September 30, 2014) — 1. That consideration of the following recommendation be deferred to December 15, 2014 Council meeting to allow time for staff to work with the applicant to potentially modify the design of the proposed new single detached dwelling to provide for greater compatibility with the Upper Doon Heritage Conservation District: `That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -027 be approved to permit the demolition of the existing single detached dwelling, attached garage and shed at the property municipally addressed as 1094 Doon Village Road, in accordance with the supporting information submitted with the application.' (Dealt with under Delegations and Carried) COUNCIL MINUTES NOVEMBER 17, 2014 -233- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (Meeting of September 30, 2014) — (Cont'd) 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -IV -028 be approved to permit the construction of a deck and the installation of a door and mechanical equipment on the rear elevation of the property municipally addressed as 191 King Street West, in accordance with the supporting information submitted with the application subject to the following conditions: i) That all options for locating the mechanical equipment be examined and a preferred option that minimizes the physical and visual impact be approved by heritage planning staff prior to issuance of a building permit; and, ii) That the final building permit drawings be reviewed and heritage clearance provided by heritage planning staff prior to the issuance of a building permit. 3. That the property municipally addressed as 1805 Huron Road does not warrant designation under the Ontario Heritage Act and therefore pursuant to Section 27(1.3) of the Ontario Heritage Act, the property should be removed from the Municipal Heritage Register in order to permit the demolition of the single detached dwelling and barn; and, That the owner be encouraged to carefully remove layers of cladding covering the west annex in order to expose the suspected log house so that Heritage Planning staff may document it with photographs prior to demolition; and further, That the owner be encouraged to salvage the heritage attributes identified in the statement of significance and make them available to companies or individuals who require such materials for local rehabilitation projects. (Dealt with under Delegations and Carried) HERITAGE KITCHENER (Meeting of November 4, 2014) — 1. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally addressed as 189 Joseph Street (Lang Site B), as being of cultural heritage value or interest. 2. That consideration of the following recommendation be deferred to December 15, 2014 Council meeting to allow time for staff to work with the applicant to potentially modify the design of the proposed new single detached dwelling to provide for greater compatibility with the Upper Doon Heritage Conservation District: `That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014 -V -026 be approved to permit the demolition of buildings at the property municipally addressed as 1112 Doon Village Road, in accordance with the supporting information submitted with the application.' (Dealt with under Delegations and Carried) COUNCIL MINUTES NOVEMBER 17, 2014 -234- 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. FCS -14 -190 — Sign Variances — Various Council considered Finance and Corporate Services Department report FCS -14 -190 (D. Saunderson), dated October 24, 2014. It is noted that Submission No. SG 2014 -008 (2385 Shirley Avenue) was dealt with under Delegations. It was resolved: "That the application of 1805780 Ontario Limited (SG 2014 -007 — 1268 Victoria Street North) requesting permission to install a ground supported sign with a 7.5m (24.606') distance separation from a sign located on an abutting property rather than the required separation distance of 15m (49.212'), on Part Lot 122, German Company Tract, 1268 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City's Planning Division for the proposed ground supported sign. 2. That the owner shall ensure that the sign complies with all other regulations of the Sign By -law." 2. FCS -14 -189 — Dangerous Dog Designation Appeal — Eagles & Hagon Council considered Finance and Corporate Services Department report FCS -14 -189 (D. Livingstone), dated October 29, 2014. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Crystal Eagles and Ben Hagon, wherein the Committee substitutes the Dangerous Dog Designation applied to their dog `Bailey' by the Kitchener - Waterloo and North Waterloo Humane Society and assigns the Designation of Potentially Dangerous Dog along with conditions for keeping of said dog, be ratified and confirmed." 3. CSD -14 -116 - Heritage Permit Application HPA- 2014 -V -029 —1094 Doon Village Rd - Heritage Permit Application HPA- 2014 -V -030 —1112 Doon Village Rd Dealt with under Delegations.