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HomeMy WebLinkAboutCouncil - 2016-06-27Kell] I:N10khIlki Lei I *? JUNE 27, 2016 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 ". 2. MINUTES — On motion by Councillor J. Gazzola, the minutes of the regular meeting held June 6, 2016 and special meetings held June 6 & 13, 2016, 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 — 5.a. Skills Canada Ontario Plaque for Previously Hosting Ontario Technological Skills Competitions On behalf of Council, Mayor B. Vrbanovic acknowledged receipt of a plaque received from Skills Canada Ontario thanking the City of Kitchener for previously hosting Ontario Technological Skills Competitions at the Kitchener Memorial Auditorium Complex. 5.b. Municipal Property Assessment Corporation — 2016 Re- Assessment Ms. Amanda Macdougall, Regional Manager, Municipal & Stakeholder Relations, Municipal Property Assessment Corporation (MPAC), gave a presentation on the role and responsibilities of MPAC and explained the process of property assessment in Ontario. It was noted Province -wide property assessment updates are undertaken on a four -year cycle and this year begins the start of the next cycle, based on a January 1, 2016 valuation date, for phase -in over taxation years 2017 to 2020. She indicated assessment notices would be mailed to residential property owners in Kitchener on July 25, 2016, following which any owner that does not concur with the assessed value of their home can appeal by filing a Request for Reconsideration by no later than November 22, 2016. In response to questions, Ms. Macdougall agreed to circulate a copy of her presentation to members of Council. Additionally, she indicated more information on the 2016 property assessment process is available via www.aboutmyp rope rty.ca 6. DELEGATIONS — Applications for Cancellation, Refund, etc. of Taxes Mayor B. Vrbanovic indicated interested parties were in attendance regarding some of the 26 applications for tax adjustments outlined in Finance and Corporate Services Department report FCS- 16 -103 (J. Evans), listed as Item B.3 on the Committee of the Whole agenda. Moved by Councillor B. loannidis Seconded by Councillor K. Galloway- Sealock "That the applications to City Council for cancellation, reduction, refund of taxes totalling $60,604.44 as attached to Finance and Corporate Services Department report FCS -16 -103, be approved, pursuant to Section 357 of the Municipal Act." Carried. Dangerous Dog Designation Appeal — Durand Ms. Paulette Durand, Appellant, attended in opposition to the Dangerous Dog Designations applied to her dogs `Rosebud' and `Joy', outlined in Finance and Corporate Services Department report FCS- 16 -102 (D. Livingstone), listed as Item B.3 on the Committee of the Whole agenda. She expressed COUNCIL MINUTES JUNE 27, 2016 -114- CITY OF KITCHENER the opinion that her dogs are not dangerous, but merely protective. Responding to questions, she confirmed that she understood that if she complied with the conditions set out in the Designations, she would be permitted to keep her dogs. Moved by Councillor Y. Fernandes Seconded by Councillor D. Schnider "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Paulette Durand, wherein the Committee affirms the Dangerous Dog Designations applied to her dogs `Rosebud' and `Joy' and modifies the conditions for the keeping of said dogs, be ratified and confirmed." Carried. 6.a. Zone Change Application — 1054 and 1070 Hidden Valley Road Council was in receipt this date of a petition signed by approximately 100 residents of the Hidden Valley area expressing support for the staff recommendation to refuse Official Plan Amendment OP15 /04 /H /AP and Zone Change Application ZC /014AP proposing the development of 40 executive townhomes at 1054 and 1070 Hidden Valley Road; listed as Clause 2 on the Planning and Strategic Initiatives Committee report. In addition, Council was in receipt of email correspondence from Mr. C. Goodeve, Manager, Council / Committee Services & Deputy City Clerk, dated June 24, 2016, which outlined a request from Mr. Danny Sack, Applicant, for Council to consider deferring the subject applications to allow time for additional consultation with City Planning staff. Ms. Louisette Lanteigne addressed Council in opposition to the subject Official Plan Amendment and Zone Change applications. She provided a copy of a Part II Order she filed with the Ministry of the Environment and Climate Change requesting a "bump up" of protections for endangered species, groundwater and surface water features in the Hidden Valley area. She suggested any future development applications in this area should have regard for the identified ecological constraints. Mr. Brandon Flewwelling, GSP Group, attended on behalf of the Applicant and confirmed the request for a deferral to allow for further discussions with the City's Planning staff. Responding to questions, he indicated the deferral would provide an opportunity to examine the feasibility of all options for developing the subject properties. He commented this may possibly include revising the proposal to seek a change to R2 Zoning, which would permit the existing lands to be potentially developed into 8 or 9 single detached units. He acknowledged support for having the matter come back in September 2016. Ms. Ruth Hildebrand addressed Council in support of the Official Plan Amendment and Zone Change applications, suggesting the proposed 40 unit townhouse development would provide a greater diversity of housing options within the existing monoculture neighbourhood of large single detached lots. She added this new housing choice would provide an opportunity for a greater number of people to live in the Hidden Valley Community. Mr. Peter Kruse spoke in favour of the staff recommendation to refuse the construction of 40 cluster townhouse dwellings on Hidden Valley Road. He commented the proposed development is not in keeping with the existing community. He expressed opposition to the possibility of this matter being deferred, suggesting the property owner should withdraw the current application and submit a new one seeking to develop 8 units with R2 Zoning. In response to questions, Mr. M. May, Deputy CAO - Community Services, confirmed changes to the existing application between now and September could be significant enough to warrant a new application from the Applicant which would require additional fees of approximately $18,000. On motion by Councillor P. Singh, seconded by Councillor B. loannidis, Clause 2 of the Planning and Strategic Initiatives Committee report was brought forward for consideration. A motion was brought forward by Councillor B. loannidis, seconded by Councillor Y. Fernandes, to defer consideration of Clause 2 to allow more time for consultation between the Applicant and staff. JUNE 27, 2016 COUNCIL MINUTES -115- Moved by Councillor B. loannidis Seconded by Councillor Y. Fernandes CITY OF KITCHENER "That consideration of Clause 2 on the Planning and Strategic Initiatives Committee report pertaining to Official Plan Amendment Application OP15 /04 /H /AP and Zone Change Application ZC15 /014 /H /AP (1232118 Ontario Inc., 1054 and 1070 Hidden Valley Road), be deferred to the September 26, 2016 special Council meeting to allow time for additional consultation to take place between the Applicant and staff." A recorded vote was requested. In Favour: Councillors S. Davey, D. Schnider, B. loannidis, S. Marsh, P. Singh and F. Etherington. Contra: Mayor B. Vrbanovic and Councillors K. Gal loway- Sealock, J. Gazzola, Y. Fernandes and Z. Janecki. Motion Carried. 6.b. Tenders Ms. Michelle Palmer, Director of Supply Services, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Responding to questions regarding Expression of Interest E16 -061 (Consultant Services - Iron Horse Trail Central Section Improvements), Ms. C. Fletcher, Interim Executive Director — Infrastructure Services, agreed to provide additional information regarding the timing of when the trail improvements would be implemented. Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey "That Tender T16 -018 Three (3) Triple Combination Fire Pumpers, be awarded to Resqtech Systems Inc., Woodstock, Ontario, at their tendered price, in US dollars, of $1,763,502., plus H.S.T. of $229,255.26, for a total of $1,992,757.20 USD." -and - "That Expression of Interest E16 -061 Consultant Services — Iron Horse Trail Central Section Improvements, be awarded to Stantec Consulting Ltd., Waterloo, Ontario, at their estimated fee of $109,897.13, including contingencies of $9,990.65 plus H.S.T. of $14,286.63, for a total of $124,183.76, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T16 -036 Natural Gas Pressure Regulators, Meter Bars, Loops & Swivels, be split and awarded as follows: to C.R. Wall & Co. Inc., Cambridge, Ontario, at their corrected price of $11,560.46, plus H.S.T. of $1,502.86, for a total of $13,063.32, and to KTI Limited, Aurora, Ontario, at their tendered price of $221,829.39, plus H.S.T. of $28,837.82, for a total of $250,667.21, each for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." PFRii eE "That Tender T16 -051 Aggregate Trucking & Loading Service, be awarded to Contractor's Dispatch Inc., Kitchener, Ontario, at their tendered price of $61,120.00 PLUS G.S.T. of $7,945.60, for a total of $69,065.60, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." 951ii eE COUNCIL MINUTES JUNE 27, 2016 -116- CITY OF KITCHENER "That Tender T16 -059 Cured In Place Sanitary Sewer Lining Contract be awarded to Insituform Technologies Limited, Hamilton, Ontario, at their tendered price of $254,050., including provisional items and contingencies of $25,000., plus H.S.T. of $33,026.50, for a total of $287,076.50." -and - "That Tender T16 -043 Supply of Asphalt Products, be awarded all for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms, as follows: • Dufferin Construction Company, London, Ontario, at their tendered unit pricing, for work that is north of King Street; and, • Kitchener Asphalt Limited, St. Clements, Ontario, at their tendered unit pricing on HL -2 (Sand Mix), HL -3, HL -4 Binder (0% RAP), and HL -8, for work that is south of King Street; and, • Coco Paving Inc., Petersburg, Ontario, at their tendered unit pricing on HL -3 Fine, Driveway Mix, High Performance Cold Mix, Colas, and SS -1 Road Oil(Tack Coat), for work that is south of King Street." -and - "That Tender T16 -013 Howe Drive Oil and Grease Separator (OGS) Unit Installation Contract be awarded to Ersman Const. Inc., Kitchener, Ontario, at their tendered price of $386,627.50, including provisional items and contingencies of $33,610., plus H.S.T. of $50,261.58, for a total of $436,889.08." -and - "That Tender T16 -046 Fire Hydrants & Related Materials, be split and awarded each for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms, as follows: Underground Specialties, Cambridge, Ontario, at their tendered price of $38,978., plus H.S.T. of $5,067.14, for a total of $44,045.14, for complete fire hydrants; and, • Universal Flow Engineering, Brantford, Ontario, at their tendered price of $48,022.50, plus H.S.T. of $6,243.93, for a total of $54,265.43, for hydrant parts." -and - "That Proposal P16 -060 Authorized Contractors: Kitchener Utilities Natural Gas Rental Water Heater Program, be awarded at the City's established allowance rates for five (5) years, with an option to renew for one (1) additional twelve (12) month term to the following contractors: • 1458013 Ontario Inc. o/a Aire One Heating & Cooling, Kitchener, Ontario; and, • 4 Seasons Heating & Cooling Ltd., Waterloo, Ontario." Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That the report of the Community and Infrastructure Services Committee be adopted." Councillor K. Galloway - Sealock advised Council was in receipt of Infrastructure Services Department report INS -16 -055 (K. Carmichael), dated June 17, 2016, proposing alternative wording for Clause 7 COUNCIL MINUTES JUNE 27, 2016 -117- CITY OF KITCHENER to replace the listing of 38 individual schools with a general provision implementing a 40 km /h rate of speed in school zones. Council agreed to replace Clause 7 of the Committee report with the wording proposed in Report INS - 16 -055. Mr. J. Readman, Interim Executive Director — Infrastructure Services, advised that funding Option 2 outlined in Report INS -16 -055 has been revised since the report was circulated. He indicated staff now projects a surplus of approximately $40,000 for the Traffic Calming Capital Account over the next five years. He noted this would be sufficient to cover the anticipated $38,000 cost to provide the minimal amount of signage and accelerate the potential completion of the program by early September 2016. A motion was brought forward by Councillor B. Ioannidis, seconded by Councillor S. Davey, to amend Clause 7 of the Committee report to identify revised Option 2 (fund initiative through the Traffic Calming Capital Account), as the preferred method of financing the 40 km /h rate of speed in school zones program. Councillor Ioannidis' amendment was voted on and was Carried on a recorded vote with Councillors P. Singh, B. Ioannidis, S. Davey, F. Etherington, D. Schnider, J. Gazzola and Y. Fernandes voting in favour; and, Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh and Z. Janecki voting in opposition. The Committee report was then voted on clause by clause Clause 7, Paragraph 1 — Carried Unanimously on a recorded vote. Balance of report — Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola requested that each of the Optional Services proposed to be provided by the City's new Integrity Commissioner, listed in Clause 1 of the Committee report, be dealt with separately on recorded votes. A motion was brought forward by Councillor S. Davey, seconded by Councillor B. Ioannidis, to defer consideration of the Optional Services to the October 3, 2016 Finance and Corporate Services Committee meeting to allow time for the development of a report detailing the scope of implementation, including estimated budgetary impacts of each option. Councillor K. Galloway - Sealock requested that each deferral motion be voted on separately. Deferral of Clause 1 - Optional Service 1 (Formal Advice, as needed) was voted on and was Carried on a recorded vote with Mayor B. Vrbanovic and Councillors P. Singh, B. Ioannidis, S. Davey, F. Etherington and Z. Janecki voting in favour; and, Councillors K. Galloway - Sealock, S. Marsh, D. Schnider, J. Gazzola and Y. Fernandes voting in opposition. Deferral of Clause 1 - Optional Service 2 (Consultation) was voted on and was Carried on a recorded vote with Mayor B. Vrbanovic and Councillors P. Singh, S. Marsh, B. Ioannidis, S. Davey, F. Etherington, Y. Fernandes and Z. Janecki voting in favour; and, Councillors K. Galloway - Sealock, D. Schnider and J. Gazzola voting in opposition. Deferral of Clause 1 - Optional Service 3 (Education, Training and Information) was voted on and was Carried Unanimously on a recorded vote. Deferral of Clause 1 - Optional Service 4 (Conflict of Interest) was voted on and was LOST on a recorded vote with Councillors P. Singh and Z. Janecki voting in favour; and, Mayor B. Vrbanovic and COUNCIL MINUTES JUNE 27, 2016 -118- CITY OF KITCHENER Councillors K. Gal loway-Sea lock, D. Schnider, S. Marsh, B. loannidis, S. Davey, F. Etherington, Y. Fernandes and J. Gazzola voting in opposition. Mayor B. Vrbanovic advised as a result of the motion to defer being unsuccessful, Council has effectively decided to take no action in pursuing Optional Service 4 (Conflict of Interest). The Committee report was then voted on clause by clause Clause 1, Paragraphs 1 and 2 — Carried Unanimously on a recorded vote. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor B. loannidis "That the report of the Planning & Strategic Initiatives Committee be adopted." 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola "That the report of Heritage Kitchener be adopted." Carried. Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a. Ontario Horticultural Association Councillor Y. Fernandes gave notice she would introduce the following motion for consideration this date, which is intended to provide a one -time financial contribution to the Ontario Horticultural Association in support of their 110th convention being held in Kitchener from July 29 -31, 2016. Moved by Councillor Y. Fernandes Seconded by Councillor S. Marsh "WHEREAS the Ontario Horticultural Association (OHA) is an organization of over 29,000 volunteers and amateur gardeners; and, WHEREAS the Horticultural Societies are run by volunteer board members, which follow guidelines to provide a valuable resource to the community providing education through information speakers, field trips, displays and competitions, maintaining public gardens and providing horticultural therapy programs; and, WHEREAS the 110th convention of the OHA will be held from July 29 -31, 2016 in the City of Kitchener with an anticipated attendance of 450 people, and is seeking support from local businesses and organizations; and, WHEREAS support will be acknowledged by through the OHA recognition program `The Garden Circle' as well as signage at the convention, website and social media; and, WHEREAS financial contributions of have been requested of the Cities of Cambridge and Waterloo in the amounts of $1,000 and $800 respectively; THEREFORE BE IT RESOLVED that a one -time financial contribution in the amount of $1,500, be approved to the Ontario Horticultural Association in support of their 110th convention." Carried. COUNCIL MINUTES JUNE 27, 2016 -119- CITY OF KITCHENER 9.b. Building Code Act Councillor B. loannidis had given notice he would introduce the following motion for consideration this date, which requests changes to the Building Code Act to provide additional powers to a municipality's Chief Building Official (CBO) to determine what constitutes suitable ground cover and timeframe for installation when an order to remedy an unsafe building has been issued. Moved by Councillor B. loannidis Seconded by Councillor P. Singh "WHEREAS in instances when a demolition permit has been issued, a property owner typically has two years to re- develop the subject property; and, WHEREAS in instances when a municipality's Chief Building Official (CBO) has ordered a demolition to address a situation representing an imminent danger to the public, no similar legislated timeline exists to require the property owner to re- develop the site; and, WHEREAS outside of ensuring that a vacant lot has been secured a municipality is limited in its ability to require a property owner to undertake any actions to improve the visual aesthetics of the property; THEREFORE BE IT RESOLVED that the Government of Ontario be requested to amend the Building Code Act to empower the CBO to determine what constitutes suitable ground cover and set the timeframe for installation in instances where an order to remedy an unsafe building has been issued; and, BE IT FINALLY RESOLVED that a copy of this motion be circulated to the Honourable Kathleen Wynne, Premier of Ontario, the Honourable Bill Mauro, Minister of Municipal Affairs, Ontario Building Officials Association (OBOA), Association of Municipalities Ontario (AMO), local Members of Provincial Parliament and local area municipalities." Carried. Farewell to Council Page On behalf of Council, Mayor B. Vrbanovic recognized Ms. Regina Farkas who has been serving as the Council Page since March 2015. He indicated this was Ms. Farkas' last meeting and wished her well in pursuit of her post- secondary educational endeavours at the University of Toronto. 9.c. Vacant Buildings Councillor P. Singh had given notice he would introduce the following motion for consideration this date, proposing to direct staff to investigate the feasibility of enacting requirements for vacant buildings to be maintained at a level that is in keeping with neighbouring properties. Moved by Councillor P. Singh Seconded by Councillor F. Etherington "WHEREAS a review of the City of Kitchener Property Standards By -law is currently listed in the 2016 Business Plan as Item CS20 Neighbourhood Property Standards Compliance Review and Proactive By -Law Enforcement; and, WHEREAS through initiatives, such as the Neighbourhood Strategy, the City is striving to promote its vibrant communities; and, WHEREAS vacant boarded -up buildings can project an unwarranted negative image of a neighbourhood; THEREFORE BE IT RESOLVED that as part of the current review of the City of Kitchener Property Standards By -law, staff be directed to investigate the feasibility of incorporating requirements for vacant buildings to be maintained at a level that is in keeping with neighbouring properties beyond the existing minimum standard for securing the site; and, COUNCIL MINUTES JUNE 27, 2016 -120- CITY OF KITCHENER BE IT FINALLY RESOLVED that staff be directed to review the best practices implemented by other municipalities to regulate the keeping of vacant buildings." Carried. 9.d. Proposed Planning & Development Advisory Committee Councillor P. Singh had given notice he would introduce a motion this date, recommending the creation of a new advisory committee composed of development industry stakeholders to act as a sounding board on major planning policy documents. Responding to questions, Councillor Singh indicated he would be open to expanding the committee's suggested composition to include lay members of the public. In response to questions, Mr. M. May, Deputy CAO - Community Services, confirmed City staff participates on the Waterloo Regional Homebuilders Association Liaison Committee, which meets on a regular basis to review significant planning related matters; such as, the Comprehensive Review of the Zoning By -law (CRoZBy) and the Development Charges By -law. He further advised the creation of a development advisory committee was proposed as an item for inclusion as part of the 2016 -2019 Business Plan. He added it was ranked 76 out of the 109 proposed projects and received points from only one member of Council. A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor Z. Janecki, to defer consideration of Councillor Singh's motion to the August 8, 2016 special Council meeting to allow time for members of Council to review the description of the development advisory committee item previously considered through the 2016 -2019 Business Plan prioritization process. Councillor J. Gazzola requested this matter be dealt with on a recorded vote. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor Z. Janecki That consideration of the following motion be deferred to the August 8, 2016 special Council meeting to allow time for members of Council to review the description of the development advisory committee item previously put forward through the 2016 -2019 Business Plan prioritization process: "WHEREAS public consultation and feedback play a critical role in the development of major planning policy documents and helps to inform Council's decision making process, and, WHEREAS transparent channel of communication between the development community and the City of Kitchener can serve to provide a balanced perspective towards the City's growth objectives and help form a more cooperative partnership, and, WHEREAS the City of Kitchener currently has eight formal advisory committees mandated to provide advice to Council on a range of topics from arts and culture to environmental issues to economic development; and, WHEREAS the City of Kitchener 2015 -2018 Strategic Action Plan lists nine planning projects which are currently being undertaken by Planning staff or are anticipated to commence with the next few years, THEREFORE BE IT RESOLVED that staff be directed to investigate and explore options for the potential establishment of a Planning and Development Advisory Committee comprising of a broad cross - section of development industry stakeholders, with a focus on providing a forum for consultation on major planning policy documents; and, BE IT FINALLY RESOLVED that a report on the proposed committee and /or related options be provided on or before the December 5, 2016 Planning and Strategic Initiatives Committee meeting." COUNCIL MINUTES JUNE 27, 2016 -121- CITY OF KITCHENER In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, S. Davey, S. Marsh, K. Galloway - Sealock and Z. Janecki. Contra: Councillors P. Singh, B. loannidis, J. Gazzola, Y. Fernandes and F. Etherington. Motion Carried. PROCEEDINGS BEYOND 11:00 P.M. Moved by Councillor F. Etherington Seconded by Councillor S. Davey "That pursuant to Section 25.4.18 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. 10. QUESTIONS AND ANSWERS — Responding to questions, Mr. M. May, Deputy CAO - Community Services, agreed to follow -up on the possible removal of the oversized trailer which has been located outside of the Victoria Park Boathouse for approximately one year. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add two additional by -laws for three readings this date regarding a zoning amending by -law for Chalon Estates, listed as Clause 1 of the Planning and Strategic Initiatives Committee report and a Part Lot Control By -law for Renfrew Street. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. Being a by -law to exempt certain lots from Part Lot Control — Block 53, Registered Plan 58M -572 — Templewood Drive. b. Being a by -law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener. C. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. d. 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. e. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. f. To confirm all actions and proceedings of the Council. g. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law of the City of Kitchener — Chalon Estates Inc. — Caryndale Drive at Robert Ferrie Drive (30T- 12203) h. Being a by -law to amend By -law 2014 -084 to extend the time period for exemption from Part Lot Control — Part Lots 44 to 48 inclusive and Part Lots 70 to 72 inclusive, Registered Plan 58M -568 — Renfrew Street. COUNCIL MINUTES JUNE 27, 2016 -122- CITY OF KITCHENER 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, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor J. Gazzola as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor S. Marsh "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. loannidis Seconded by Councillor D. Schnider "That the by -laws be given third reading, namely: a. Being a by -law to exempt certain lots from Part Lot Control — Block 53, Registered Plan 58M -572 — Templewood Drive. (By -law No. 2016 -070) b. 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. 2016 -071) C. 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. 2016 -072) d. 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. 2016 -073) e. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. f. To confirm all actions and proceedings of the Council. (By -law No. 2016 -074) (By -law No. 2016 -075) COUNCIL MINUTES JUNE 27, 2016 -123- CITY OF KITCHENER g. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener — Chalon Estates Inc. — Caryndale Drive at Robert Ferrie Drive (30T- 12203) (By-law No. 2016-076) h. Being a by-law to amend By-law 2014-084 to extend the time period for exemption from Part Lot Control — Part Lots 44 to 48 inclusive and Part Lots 70 to 72 inclusive, Registered Plan 58M-568 — Renfrew Street. (By-law No. 2016-077) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:00 p.m. r A . Y . 0 . R .. ....... .......... ....... .... ....... C . ....... .... .. .... .... .... .. COUNCIL MINUTES JUNE 27, 2016 -124- 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 Petrina Batten for an outdoor wedding at 43 Nichole Crescent between the hours of 2:00 p.m. and 11:00 p.m. on July 23, 2016, as outlined in Community Services Department report CSD -16 -038. 2. That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code Article 6 Construction Work, during the Forfar Park Wetland Retrofit and Kolb Creek Trail Construction project, in the City of Kitchener, between the hours of 7:00 p.m. and 7:00 a.m. for the period July 2 to October 7, 2016, as outlined in Infrastructure Services Department report INS -16 -052. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Carole and Dan Hunt for an outdoor wedding at 145 Newbury Drive between the hours of 4:00 p.m. and 11:00 p.m. on August 13, 2016, as outlined in Community Services Department report CSD -16 -044. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Pat Lackenbauer for an outdoor street party at 124 Ottawa Street South between the hours of 10:00 a.m. and 11:00 p.m. on July 28, 2016, as outlined in Community Services Department report CSD -16 -045. 5. That the Mayor and Clerk be authorized to execute a license agreement with Victus Academy LP for space at Sportsworld Arena, municipally known as 35 Sportsworld Crossing Road, said agreement to be satisfactory to the City Solicitor, as outlined in Community Services Department report CSD -16 -043. 6. That the Old Mill Sanitary Sewer Pumping Station Environmental Study Report (ESR) prepared by MTE Consultants Inc., dated May, 2016, be received; and further, That the Old Mill Sanitary Sewer Pumping Station Environmental Study Report (ESR) be filed with the Ministry of the Environment and Climate Change (MOECC) for the mandatory thirty (30) day review period as required by the Environmental Assessment Act, as outlined in Infrastructure Services Department report INS -16 -034. That the Uniform Traffic By -law be amended to include the following general provision implementing a 40 km /h rate of speed in school zones, as outlined in Infrastructure Services Department report INS -16 -055: `A 40 km /h rate of speed be applied to the portion of a highway that adjoins the entrance to or exit from a school and is within 150 metres along the highway in either direction beyond the limits of the land for the purposes of the school and further, That Option 2 (fund initiative through the Traffic Calming Capital Account), be approved as the preferred method to finance the costs associated with implementing a 40 km /h rate of speed in school zones and accelerate the program with a target completion of early September 2016. (Carried, as Amended, on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE — 1 That request for proposal P16 -053 Integrity Commissioner Services (Cooperative), be awarded to ADR Chambers, Toronto, Ontario, at their quoted hourly rate to provide the Core Services, outlined in Finance and Corporate Services report FCS -16 -092 for a contract term of three (3) years with the option to renew for two (2) additional years with the same terms and pricing; and, COUNCIL MINUTES JUNE 27, 2016 -125- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) (Cont'd) That staff be directed to investigate and report back on the feasibility of implementing an Optional Service whereby Councillors could obtain their own independent legal advice with respect to pecuniary interests, similar to the model used by the Region of Waterloo; and further, That consideration of the following Optional Services provided by ADR Chambers, be deferred to the October 3, 2016 Finance and Corporate Services Committee meeting to allow time for the development of a report detailing the scope of implementation, including estimated budgetary impacts of each option: That ADR Chambers, Toronto, Ontario, also provide the following Optional Services, as outlined in Report FCS -16 -092, at their quoted hourly rates for a contract term of three (3) years with the option to renew for two (2) additional years with the same terms and pricing: • Optional Service 1 - Formal Advice, as needed; • Optional Service 2 - Consultation, and, • Optional Service 3 - Education, Training and Information. (Carried, as Amended, on a recorded vote) PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 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 -12203 as provided in Appendix A', in the City of Kitchener, for Chalon Estates, and further, That Zone Change Application ZC /12 /17 /C /JVW (Chalon Estates) requesting a change in zoning from Agricultural Zone (A -1) to Residential Three Zone (R-3), Residential Four Zone (R- 4), Residential Six Zone(R -6), Public Park Zone (P -1), Open Space Zone (P -2), Hazard Lands (P -3) be approved in the form shown in the "Proposed By -law" dated May 9, 2016 attached to Community Services Department Report CSD -16 -040 as Appendix `B'. That consideration of the following motion pertaining to the Official Plan Amendment and Zone Change applications for 1054 and 1070 Hidden Valley Road, be deferred to the September 26, 2016 special Council meeting to allow time for additional consultation to take place between the applicant and staff: That Official Plan Amendment Application OP15 104 1H /AP (1232118 Ontario Inc., 1054 and 1070 Hidden Valley Road) requesting a change to Part 3, Policy 12.3 of the City's Official Plan, not be adopted; and, That Council not request that the Regional Municipality of Waterloo amend section 15.D.12.2.a) of the Final New Official Plan, and, That Zone Change Application ZC15 1014 1H /AP (1232118 Ontario Inc., 1054 and 1070 Hidden Valley Road) for the purpose of changing the zoning from Residential One Zone (R -1) to Residential Six Zone (R -6) with Special Use Provision 4560 and Special Regulation Provision 678R, be refused; and further, That the request of 1232118 Ontario Inc. for 1054 and 1070 Hidden Valley Road to modify Policy 3.3 of the Hidden Valley Residential Community Plan, be refused, as outlined in Community Services Department Report CSD -16 -035. (Dealt with under Delegations and Carried on a recorded vote) COUNCIL MINUTES JUNE 27, 2016 -126- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER — 1. That the following two properties and one individual receive a 2016 Mike Wagner Heritage Award: • 883 Doon Village Road in the Category: Preservation / Restoration of Cultural Heritage Resources; and, • 68 Schneider Avenue in the Category: Rehabilitation / Adaptive Re -Use of Cultural Heritage Resources; and further, • Rych Mills in the Category: Individual Contributions to the Field of Heritage Conservation. COUNCIL MINUTES JUNE 27, 2016 -127- 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 -16 -102 — Dangerous Dog Designation Appeal — Durand Dealt with under Delegations. 3. FCS -16 -103 — Applications for Cancellation, Refund, etc. of Taxes Dealt with under Delegations. 4. FCS -16 -101 — Summary of CAO- Approved Tenders — Road Reconstruction with Council- Approved Sidewalk Infill Council received Finance and Corporate Services Department report FCS -16 -101 (M. Palmer), dated June 9, 2016, as information.