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HomeMy WebLinkAboutCouncil - 2016-12-12 COUNCIL MINUTES DECEMBER 12, 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 “O Canada”. 2. MINUTES – On motion by Councillor K. Galloway-Sealock, the minutes of the regular meeting held November 21, 2016 and special meetings held November 14, 21 & 28, December 5, 2016, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - Councillor P. Singh declared a pecuniary interest with respect to the Zone Change Application for 98, 100, 100 ½, 110 Victoria Street South, as listed under Clause 2 of the Community and Infrastructure Services Committee report, as members of his family own property in the vicinity of the subject lands. Accordingly, he did not participate in any discussion or voting regarding this matter. 4. COMMUNICATIONS REFERRED TO FILE – NIL 5. PRESENTATIONS – NIL 6. DELEGATIONS – 2017 Sidewalk Infill Reconstruction Projects Mayor B. Vrbanovic indicated that Mr. Brad Duench and Ms. Vicki Gohl were in attendance with regards to the sidewalk infill reconstruction projects proposed to be undertaken in 2017, as listed under Clause 9 of the Community and Infrastructure Services Committee report. Moved by Councillor B. Ioannidis Seconded by Councillor S. Marsh “That Clause 9 of the Community and Infrastructure Services Committee report, be adopted.” Carried. 6.a. Zeller Drive Bike Lanes Ms. Wilma Gassler addressed Council expressing concerns regarding the proposed installation of bike lanes on Zeller Drive, as listed under Clause 10 of the Community and Infrastructure Services Committee report. She indicated that 140 residents of Zeller Drive signed a petition in opposition to the bike lanes. She requested that Council reject this proposal. Responding to questions, Mr. B. Cronkite, Interim Manager – Transportation Planning, advised staff received a copy of the petition and the opinions therein were reflected in Infrastructure Services Department report INS-16-093. He confirmed that every resident on Zeller Drive was notified of the recommended installation of cycling facilities and informed of how to contact staff as well as accessing the online staff report. Moved by Councillor B. Ioannidis Seconded by Councillor S. Marsh “That Clause 10 of the Community and Infrastructure Services Committee report be adopted.” A recorded vote was requested. COUNCIL MINUTES DECEMBER 12, 2016 -229 - CITY OF KITCHENER In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, S. Marsh, P. Singh, F. Etherington and B. Ioannidis. Contra: Councillors J. Gazzola and Z. Janecki. Motion Carried. Tier 1 Community Grants Mr. Devon Sivill and Ms. Carol Motuz, Social Development Centre of Waterloo Region, addressed Council with respect to how their organization’s Tier 1 Community Grant appeal was dispensed with at the December 5, 2016 Community and Infrastructure Services Committee meeting. Mr. Sivill expressed confusion regarding the motion to reconsider that was voted on and lost at that Committee meeting, noting it was their understanding the subject grant appeal pertained to a new application for funding. He requested that Council refer the matter back to the Community and Infrastructure Services Committee to allow their application to be processed through the standard Tier 1 Community Grant appeal process. Mayor B. Vrbanovic advised at the December 14, 2015 Council meeting, a motion had been approved to eliminate the Tier 1 Community Grant funding to the Social Development Centre of Waterloo Region after 2016. He added correspondence submitted by the Social Development Centre on October 7, 2016 referenced last year’s decision and specifically asked that the organization’s funding be restored. Accordingly, a motion to reconsider was required to be taken before any consideration could be given to restoring the previous grant funding. He stated, at this point, given the results of the motion to reconsider, there is nothing Council can do to move forward the organization’s Tier 1 Community Grant application. Responding to questions, Mr. M. May, Deputy CAO – Community Services, advised in the future the Social Development Centre of Waterloo Region could possibly put forward a project-specific application for a Tier 2 Community Grant. He confirmed the application deadline for the 2017 Tier 2 Grant process has passed. He acknowledged staff would be willing to meet with this organization to review that process and provide an understanding regarding the eligibility criteria. In response to further questions, Mr. May agreed to circulate to Council information regarding the grant funding that would be provided to Kitchener Minor Hockey as well as how the new method of funding compared to the previous means by which this organization was allocated grant funding. Moved by Councillor B. Ioannidis Seconded by Councillor S. Marsh “That Clause 1 of the Community and Infrastructure Services Committee report, be adopted.” 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. Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider “That Tender T16-062 Kitchener Market - Washroom Renovation, be awarded to Drier Construction Group Inc., New Dundee, Ontario, at their tendered price of $227,000., plus H.S.T. of $29,510., for a total of $256,510.” - and - “That Tender T16-064 Domestic Natural Gas Meters, be awarded as follows: COUNCIL MINUTES DECEMBER 12, 2016 -230 - CITY OF KITCHENER Elster Canadian Meter, Burlington, Ontario, for the purchase of residential (series 250 and 450) meters, at their tendered price of $441,925., plus H.S.T. of $57,450.25, for a total of $499,375.25; and, KTI Limited, Aurora, Ontario, for the purchase of commercial (sonic 800) meters, at their tendered price of $55,500., plus H.S.T. of $7,215., for a total of $62,715., each for a one (1) year term with option to renew for four (4) additional twelve (12) month terms.” - and - “That Tender T16-097 Telecommunications – Primary Rate Interface (PRI) Services, be awarded to Rogers Communications Canada Inc., Brampton, Ontario, at their tendered price of $72,480., plus H.S.T. of $9,422.40, for a total of $81,902.40, for a two (2) year term, with an option to renew for one (1) additional two (2) year term.” - and - “That Tender T16-099 One (1) Emergency Rescue Apparatus, be awarded to Metz Fire & Rescue, Guelph, Ontario, at their tendered price, in US dollars, of $581,762., plus H.S.T. of $75,629.06, for a total of $657,391.06 USD.” - and - “That Expression of Interest E16-108 Consultant Services – Post-Development Monitoring of Biological, Surface Water and Ground Water at Battler Road Snow Storage Disposal Facility, be awarded to GHD Limited, Waterloo, Ontario, at their estimated fee of $405,513.21, including contingencies of $36,864.84 plus H.S.T. of $52,716.72, for a total of $458,229.92, based on a satisfactory contract being negotiated and an upset fee being established, for a five (5) year program.” - and - “That the City enter into an agreement with the Region of Waterloo for LED Conversion – Supply and Installation of LED Luminaires, Smart City Controls and the Disposal of Existing Cobra Head HID Luminaires in the amount of $5,926,700., plus H.S.T. of $770,471., for a total of $6,697,171., subject to the satisfaction of the City Solicitor.” - and - “That Tender T16-038 Printing of the City's Active Kitchener Magazine, be awarded to Webnews Printing Inc., North York, Ontario, at their tendered price of $80,827.74, plus H.S.T. of $10,507.60., for a total of $91,335.34, for a one (1) year term, with an option to renew for four (4) additional twelve (12) month terms.” Carried. 7. COMMITTEE REPORTS – COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. Ioannidis Seconded by Councillor S. Marsh “That the balance of the Community and Infrastructure Services Committee report, be adopted.” It was noted that as a result of Councillor Singh’s previously declared pecuniary interest, Clause 2 of the Committee report would be considered separately. Clause 2 - Carried. COUNCIL MINUTES DECEMBER 12, 2016 -231 - CITY OF KITCHENER Pecuniary Interest & Abstention: Councillor P. Singh as family members own property in the vicinity of the subject property. Balance of report - Carried. 7. COMMITTEE REPORTS – FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor D. Schnider “That the report of the Finance and Corporate Services Committee be adopted.” Carried. 7. COMMITTEE REPORTS – PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock “That the report of the Planning & Strategic Initiatives Committee be adopted.” Mayor B. Vrbanovic indicated Council was in receipt this date of correspondence from Ms. D. Ross, Manager – Development Review, along with a revised version of the Annual Zoning By-law Update, as listed under Clause 6 of the Committee report. Council agreed to amend Clause 6 to reflect the proposed changes to the sections of the By-law pertaining to shipping containers. Councillor J. Gazzola requested that Clause 1 of the Committee report be dealt with separately on a recorded vote. The Committee report was then voted on clause by clause. Clause 1 – Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, B. Ioannidis, S. Marsh, P. Singh and F. Etherington. Contra: Councillor Y. Fernandes, Z. Janecki and J. Gazzola. Balance of report – Carried. 8. UNFINISHED BUSINESS – NIL 9. NEW BUSINESS – 9.a. Standing Committee Chair/Vice-Chair Term Limits Councillor Y. Fernandes gave notice that she intended to bring forward a motion this date proposing that members of Council be limited to serving a Chair and/or Vice-Chair of one of the City’s Standing Committees for no longer than two years during a term of Council. COUNCIL MINUTES DECEMBER 12, 2016 -232 - CITY OF KITCHENER Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki “WHEREAS Section 25.10.7 of Kitchener Municipal Code Chapter 25 (Procedure) currently sets out that the Chair and Vice-Chair of each of the three Standing Committees are to be appointed annually; and, WHEREAS term limits are applied to citizen members of the City’s advisory committees, which allows for new perspectives as well as a degree of succession planning with new and veteran members; and, WHEREAS rotating the Chair and Vice-Chair positions over the course of a Council term would afford an opportunity for more members of Council to gain experience in fulfilling those roles; THEREFORE BE IT RESOLVED that Section 25.10.7 of Kitchener Municipal Code Chapter 25 (Procedure), be amended to incorporate the following changes to the appointment process for the Chair and Vice-Chair of the Standing Committees: a)A member of Council may only serve as a Committee Chair twice during a term of Council for no longer than 2 years; b)A member of Council may only serve as a Committee Vice-Chair twice during a term of Council for no longer than 2 years; and, c)Clauses a) and b) shall not apply if a member of Council was filling one of those roles on an interim basis, under which circumstances they would be eligible to fill said role for up to 2 ½ years.” A recorded vote was requested. In Favour: Councillor Y. Fernandes, Z. Janecki and J. Gazzola. Contra: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, B. Ioannidis, S. Marsh, P. Singh and F. Etherington. Motion LOST. 10. QUESTIONS AND ANSWERS – Responding to questions, Ms. C. Fletcher, Interim Executive Director – Infrastructure Services, confirmed that staff intends to review and report back on the City’s winter maintenance practices in 2017. She stated this review could include an examination into the potential to use equipment to remove the windrows from driveways as well as minimize the impact of snow plows pushing snow onto cleared sidewalks. Responding to further questions, Mr. M. May agreed to re-circulate copies of the 2015 staff report regarding the enforcement of the Sidewalk Snow Clearing By-law. 11. BY-LAWS (FIRST READING) – Council agreed to the request of Ms. C. Tarling, City Clerk, to add six additional by-laws for three readings this date relating to various zoning by-law amendments listed as Clauses 3, 4, 5 & 6 on the Planning and Strategic Initiatives Committee report, Clause 2 on the Community and Infrastructure Services Committee report and a Municipal Code amendment. Councillor P. Singh declared a pecuniary interest with respect to the late starter by-law related to the Zone Change Application for 98, 100, 100 ½, 110 Victoria Street South, as members of his family own property in the vicinity of the subject lands. Accordingly, he did not participate in any discussion or voting regarding this matter. COUNCIL MINUTES DECEMBER 12, 2016 -233 - CITY OF KITCHENER Moved by Councillor F. Etherington Seconded by Councillor S. Marsh “That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. b. Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. c. Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees – Committee of Adjustment. d. Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees – Planning Matters. 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 designate the property municipally known as 48 Ontario Street North in the City of Kitchener as being of historic and cultural heritage value or interest. g. To further amend By-law No. 2007-138, being a by-law to regular traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. h. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. i. 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. j. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. k. Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. l. Being a by-law to assume certain lands within the City of Kitchener as public highway. m. To confirm all actions and proceedings of the Council. n. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 2373074 Ontario Inc. – Momentum Developments – 98, 100, 100 1/2, 110 Victoria Street South and Part of 55 Bramm Street. o. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – K-W Working Centre for the Unemployed – 87 Victoria Street North. p. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Mattamy Monarch Limited – Dodge Drive Subdivision 30T-07204. q. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc. – Stauffer Subdivision 30T-08203. r. 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 Annual Zoning By-law Update. s. Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. COUNCIL MINUTES DECEMBER 12, 2016 -234 - 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 K. Galloway-Sealock as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Davey “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) – Councillor P. Singh declared a pecuniary interest with respect to By-law 2016-134 regarding the Zone Change Application for 98, 100, 100 ½, 110 Victoria Street South, as members of his family own property in the vicinity of the subject lands. Accordingly, he did not participate in any discussion or voting regarding this matter. Moved by Councillor F. Etherington Seconded by Councillor S. Marsh “That the by-laws be given third reading, namely: a. Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (By-law No. 2016-121) b. Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (By-law No. 2016-122) c. Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees – Committee of Adjustment. (By-law No. 2016-123) d. Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees – Planning Matters. (By-law No. 2016-124) 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. 2016-125) COUNCIL MINUTES DECEMBER 12, 2016 -235 - CITY OF KITCHENER f. Being a by-law to designate the property municipally known as 48 Ontario Street North in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law No. 2016-126) g. To further amend By-law No. 2007-138, being a by-law to regular traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2016-127) h. 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. 2016-128) i. 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. 2016-129) j. 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. 2016-130) k. Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2016-131) l. Being a by-law to assume certain lands within the City of Kitchener as public highway. (By-law No. 2016-132) m. To confirm all actions and proceedings of the Council. (By-law No. 2016-133) n. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 2373074 Ontario Inc. – Momentum Developments – 98, 100, 100 1/2 , 110 Victoria Street South and Part of 55 Bramm Street. (By-law No. 2016-134) o. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – K-W Working Centre for the Unemployed – 87 Victoria Street North. (By-law No. 2016-135) p. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Mattamy Monarch Limited – Dodge Drive Subdivision 30T-07204. (By-law No. 2016-136) q. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc. – Stauffer Subdivision 30T-08203. (By-law No. 2016-137) COUNCIL MINUTES DECEMBER 12, 2016 -237- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That, subject to final 2017 budget approval, the 2017 budget for Community Grants Tiers 1 and 2, in kind facility grants and travel assistance grants be set at $2,303,448 and allocated as follows: That 2017 Community Grants Tier 1 in the amount of $1,905,591 as outlined in Appendix A attached to Community Services Department report CSD -16-079 be approved for community groups; and, That 2017 Community Grants Tier 1 in the amount of $210,363 as outlined in Appendix B attached to Report CSD -16-079 be approved for minor sports organizations; and, That the 2017 budget for Community Grants Tier 2 be set at $160,554;1 That the 2017 budget for In Kind Facility Grants and Travel Assistance Grants be set at $7,940; and further, That the 2017 budget for the Festival of Neighbourhoods capital grant amount be set at $19,000." (Dealt with under Delegations and Carried) 2. That Zone Change Application ZC16/010/V/JVW for 98, 100, 100'/2, 110 Victoria Street South and 55 Bramm Street (2373074 Momentum Development) for the purpose of changing the zoning by removing Holding Provision 72H from the lands specified in the attached Map No.1, in the form shown in the "Proposed By-law" dated December 5th, 2016, attached to the Report CSD -16-078 as Appendix A, be approved, as outlined in Community Services Department report CSD -16-078. 3. That an extension of the purchase order issued to Regional Sewer and Watermain for construction services related to the construction of the linear works associated with the new Doon South Sanitary Pumping Station located on New Dundee Road in the amount of $ 37,344.00, be approved, as outlined in Infrastructure Services Department report INS -16-088. 4. That the Uniform Traffic Bylaw be amended to prohibit on -street parking on the south-west corner (odd -numbered side) of Falling Green Crescent from a point 52 meters west of Falling Green Crescent to a point 30 meters west thereof, as outlined in Infrastructure Services Department report INS -16-076. 5. That the Uniform Traffic Bylaw be amended for left turns and through movements to be reinstated southbound on Breithaupt Street at Margaret Avenue at all times, as outlined in Infrastructure Services Department report INS -16-090. 6. That the Uniform Traffic Bylaw be amended for an all -way stop control to be installed at the intersection of Old Zeller Drive and Pebblecreek Drive/Watervale Drive, as outlined in Infrastructure Services Department report INS -16-091. 7. That the Uniform Traffic Bylaw be amended for an all -way stop to be installed at the intersection of Activa Avenue and Isaiah Drive, as outlined in Infrastructure Services Department report INS -16-095. 8. That the City of Kitchener, in conjunction with the Region of Waterloo's Traffic Engineering Section, conduct an educational outreach program to provide the public with information related to the proper use of Level 2 Pedestrian Crossovers, as outlined in Infrastructure Services Department report INS -16-089. That Level 2 Pedestrian Crossover (PXO) signing requirements be implemented at all City of Kitchener roundabout locations through winter 2016/17; and, That staff monitor compliance and pedestrian safety at new Pedestrian Crossover (PXO) locations in 2017; and, COUNCIL MINUTES DECEMBER 12, 2016 -238 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 8. (Cont’d) That staff develop an implementation priority list for midblock and non-roundabout intersection related locations in 2017; and further, That staff begin implementing midblock and non-roundabout intersection priority locations in 2017, based on funding availability. 9. That the following streets be approved for sidewalk infill as per the Sidewalk Infill Policy attached to Infrastructure Services Department report INS-15-051 approved by Council June 1, 2015; • Kehl Street. (Dealt with under Delegations and Carried) 10. That on-street bicycle lanes be installed on both sides of Zeller Drive from Pebblecreek Drive to Wild Meadow Street and sharrows be installed on both sides of Zeller Drive between Wild Meadow Street and Lackner Boulevard, as outlined in Infrastructure Services Department report INS-16-093; and, That on-street parking be prohibited on the north/west side of Zeller Drive between Wild Meadow Street and Pebblecreek Drive; and, That on-street parking be prohibited on the west side of Zeller Drive between Lackner Boulevard and a point 90 metres north thereof; and further, That the Uniform Traffic Bylaw be amended accordingly. (Dealt with under Delegations and Carried on a recorded vote) 11. That the existing sidewalk snow clearing practices are maintained and improvement opportunities continue to be explored and implemented where feasible, as outlined in Infrastructure Services Department report INS-16-087; and, That staff continue to review and evaluate impacts of any proposed changed to O. Reg. 239/02 (Minimum Maintenance Standards) and report back to Council at a future date. 12. That a Pedestrian Refuge Island be installed at the intersection of Doon Village Road and Anvil Street, as outlined in Infrastructure Services Department report INS-16-094; and, That the exclusive right turn lanes be removed from all four approaches at the intersection of Doon Village Road and Pioneer Drive and replaced with exclusive left turn lanes; and, That the exclusive right turn lane be removed from the north approach at the intersection of Doon Village Road and Bechtel Drive and replaced with an exclusive left turn lane; and, That the exclusive left turn lane be removed from the south approach at the intersection of Doon Village Road and replaced with an exclusive right turn; and, That a multi-use path be implemented on the east side of Doon Village Road between Farrier Drive and Homer Watson Boulevard; and further, That the Uniform Traffic Bylaw be amended accordingly. COUNCIL MINUTES DECEMBER 12, 2016 -239 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That the Mayor and Clerk be authorized to execute a six month funding agreement, subject to the satisfaction of the City Solicitor, with the Province of Ontario for the Digital Main Street program that provides an online learning portal, digital business assessments, training opportunities and hands-on support for Main Street business owners to onboard new technologies and meet opportunities for growth, as outlined in Chief Administrator’s Office report CAO-16-035; and, That $15,000 be allocated from the Economic Development Reserve Fund, representing the City of Kitchener’s contribution to supporting the Digital Main Street program agreement; and further, That the Province of Ontario’s contribution is $69,250 for the Digital Main Street program, which is to be delivered by the City of Kitchener’s (Waterloo Region) Small Business Centre. 2. That the Mayor and Clerk be authorized to execute a two year funding agreement, subject to the satisfaction of the City Solicitor, with the Province of Ontario for the Starter Company program that provides training, mentorship and grants for entrepreneurs to start and grow their business, as outlined in Chief Administrator’s Office report CAO-16-036; and, That $15,000 be allocated from the Economic Development Reserve Fund, representing the City of Kitchener’s contribution to supporting the Starter Company program agreement; and further, That the Province of Ontario’s contribution is $500,000 for the Starter Company program, which is to be delivered by the City of Kitchener’s (Waterloo Region) Small Business Centre. 3. That the City of Kitchener 2017 Strategic Action Plan outlined in Appendix A to Chief Administrator’s Office report CAO-16-031 be approved, subject to budget deliberations. PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That the establishment of a Creative Hub to incubate and strengthen the growth of arts and creative industries in alignment with Kitchener’s Economic Development Strategy, Make it Kitchener, be supported; and, That staff be directed to continue with next steps in establishing the Creative Hub at the preferred initial location, 44 Gaukel Street; and, That staff initiate an Expression of Interest (EOI) process and criteria to lease 44 Gaukel Street to an operator for use as a creative hub, as defined in the Chief Administrator’s Office report CAO-16-034; and, That the City-owned property at 48 Ontario Street North be declared as surplus and offered for sale through a Request for Proposals (RFP); and That 50% of the net proceeds from the sale of 48 Ontario Street North be allocated to initiate and develop a Creative Hub, as described in Report CAO-16-034, and that the balance of the proceeds be referred to the 2017 budget process; and further, That staff continue to explore the full growth potential of the creative hub, with its location at 44 Gaukel Street in the short-to-medium-term, working with community partners to articulate medium-to-long-term opportunities and future phases, as outlined in Report CAO-16-034. COUNCIL MINUTES DECEMBER 12, 2016 -240 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – (CONT’D) 2. That application ZC16/006/V/CD (The KW Working Centre of the Unemployed), for the purpose of adding a temporary use provision 13T, for a maximum of three years, to permit the habitation of two existing structures which are accessory to the residential care facility located on the subject property (87 Victoria Street North), be approved in the form shown in the “Proposed By-law” dated November 4, 2016, attached to Community Services Department report CSD-16-076 as Appendix “A”. 3. That Zone Change Application ZC/16/002/B/ATP (Mattamy Monarch Ltd.) requesting a change in zoning from Residential Four Zone (R-4), Residential Six Zone(R-6), Public Park Zone (P-1), Open Space Zone (P-2), to Residential Four Zone (R-4); to Residential Four Zone (R-4) with Special Regulation Provision 690 and 691; to Residential Six (R-6); to Residential Six (R-6) with Special Regulation 690 and 692; to Public Park Zone (P-1), Open Space Zone (P-2) be approved in the form shown in the “Proposed By-law” dated December 5th, 2016 attached to Community Services Department report CSD-16-072 as Appendix ‘A’. 4. That Zone Change Application ZC/16/004/N/BB (Activa Holdings Inc.) requesting a change in zoning from Residential Four Zone (R-4) with Special Regulation Provision 405R, Residential Six Zone (R-6), Community institutional Zone (I-2), Convenience Commercial Zone (C-1) with Special Regulation Provision (491R) and Special Use Provision (386U), Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision (490R) and Special use Provision (385U), Open Space Zone (P-2), and Public Park Zone (P-1) to: Residential Four Zone (R-4) with Special Regulation Provisions (685R and 686R); Residential Six (R-6) with Special Regulation Provisions (685R, 687R, 688R and 689R); Community institutional Zone (I- 2) with Special Regulation Provisions (685R, 687R and 689R), Convenience Commercial Zone (C-1) with Special Regulation Provisions (491R, 685R, 688R and 689R) and Special Use Provision (386U), Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provisions (490R, 685R, 688R and 689R and Special Use Provision (385U); and Hazard land Zone (P-3) be approved in the form shown in the “Proposed By-law” dated November 4, 2016 attached to Community Services Department report CSD-16-071 as Appendix ‘A’. 5. That City-initiated amendment ZC16/005/COK/SRM (Annual Zoning By-law Update) to Zoning By-law 85-1, be approved in the form shown in the “Proposed By-law” dated December 12, 2016, which contains amendments to the Sections pertaining to shipping containers from the version that was attached to Community Services Department report CSD-16-057. (As Amended) 6. That Community Services Department report CSD-16-061 be endorsed and submitted to the Province as the City of Kitchener’s comments on Ontario Municipal Board reform. COUNCIL MINUTES DECEMBER 12, 2016 -241 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – Councillor P. Singh declared a pecuniary interest with respect to the by-law for the Zone Change Application for 98, 100, 100 ½, 110 Victoria Street South, as members of his family own property in the vicinity of the subject lands. Accordingly, he did not participate in any discussion or voting regarding this matter. 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-16-186 – Sign Variance Council considered Finance and Corporate Services Department report FCS-16-186 (D. Saunderson), dated November 18, 2016. It was resolved: “That the application of Conestoga College Institute of Technology and Advanced Learning (SG 2016-006 – 299 Doon Valley Drive) requesting permission to replace the existing ground supported sign with a new ground supported sign having a height of 4.876m in an Institutional Zone, whereas the By-law does not permit signs within this Zone to exceed 3m in height; and, to have a sign area per side of 22.3 sq.m. in an Institutional Zone, whereas the By-law permits a maximum area of 3 sq.m. within this Zone, on Part Lots 9 & 10 Beasley’s Old Survey and Part of Biehn’s Unnumbered Tract, 299 Doon Valley Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit from the Planning Division. 2. That the owner shall complete Condition 1 prior to February 28, 2017. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void.” 3.Centre in the Square Board of Directors – Appointments Council considered a memorandum from C. Tarling, Director of Legislated Services & City Clerk conveying the Centre in the Square’s Nominating Committee recommendations to fill Board vacancies. It was resolved: “That Bruce Gordon, Carol Leaman and Christine Michaud be appointed to the Centre in the Square Board of Directors for a term of January 1, 2017 – December 31, 2019.”