HomeMy WebLinkAboutCouncil - 2017-06-26Kell] I:N10khIIki0]1*?
JUNE 26, 2017 CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present. Councillor S. Marsh 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 D. Schnider, the minutes of the regular meeting held June 5, 2017 and
special meetings held June 5 & 12, 2017, as mailed to the Mayor and Councillors, were accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF -
Councillor F. Etherington declared a pecuniary interest with respect to the implementation of a Level
2 Pedestrian Crossover (PXO) on Jubilee Drive, listed as Clause 4 of the Community and
Infrastructure Services Committee report, as he owns 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 —
5.a. Homer Watson House and Gallery
Councillor P. Singh entered the meeting at this time.
Helena Ball, Executive Director, Homer Watson House & Gallery, presented members of Council with
a piece of artwork created by Marion Anderson on behalf of her art exhibit entitled `Canada One -Five -
Oh' and thanked members of Council for their continued support for the Homer Watson House.
5.b. Municipal Systems Award
Dan Murray, Director of Technology Innovation & Services, presented the Municipal Information
Systems Associations (MISA), Municipal Systems Award to the City of Kitchener for the
implementation of Project Everest.
5.c. CAMA Award of Excellence
Janice Baker, President, CAMA, presented the City of Kitchener with a 2017 CAMA Award of
Excellence for Digital Kitchener: Kitchener's Approach to a Smart City.
6. DELEGATIONS —
6.a. Street Name Change
Mayor B. Vrbanovic advised that notice had been given for any member of the public to attend this
meeting to speak for or against a by-law to change the name of River Valley Trail to Hollybrook Trail,
listed as Items 11.a and 14.a on the Council agenda. It was noted no one was in attendance this date to
speak for or against the by-law.
Moved by Councillor Y. Fernandes
Seconded by Councillor B. loannidis
"That the by-law to change the name of River Valley Trail to Hollybrook Trail, listed as Items
11.a. and 14.a, be taken as read a first and second time and be recommended for enactment."
Carried.
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JUNE 26, 2017 -110- CITY OF KITCHENER
Sign Variances - Sign Variances 1111 Westmount Road East and 1170 Fischer Hallman Road
Mayor B. Vrbanovic noted there was a clerical error in Conditions related to restricting the non -accessory
advertising to the businesses/tenants of the Williamsburg Town Centre in both SG 2017-002 and SG
2017-006. The addresses should be as follows: 325 Max Becker Drive; 1187 Fischer -Hallman Road;
1188 Fischer -Hallman Road; 1170 Fischer -Hallman Road; 1111 Westmount Road East; and, 1191
Fischer -Hallman Road. The Mayor requested the decisions be amended to refer to the addresses as
outlined.
Alex Vandersluis, Schlegel Urban Developments, was in attendance in support of the
recommendation arising from the June 20, 2017 Committee of Adjustment meeting to approve the
application submitted by Max Becker Enterprises Ltd. for sign variances at 1111 Westmount Road
East and 1170 Fischer Hallman Road, as listed under Item 3.ii and 3.vi of the Committee of the
Whole agenda.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor F. Etherington
"That the application of Max Becker Enterprises Ltd. and RBJ Schlegel Land Development Ltd.
(SG 2017-002 - 1111 Westmount Road East) requesting permission to install a ground -
supported pylon sign having a maximum sign area of 22 sq.m. rather than the maximum
permitted area of 20 sq.m.; a height of 8m rather than the permitted 7.5m; and, to have non -
accessory third party advertising whereas the By-law does not permit non -accessory third
party advertising, on Part Block 2, Registered Plan 58M-234, Reserve Block 12, Registered
Plan 58M-78, being Parts 1-3 & 10-15 on Reference Plan 58R-17845, 1111 Westmount Road
East, 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 ensure the third party advertising permitted on the sign is only to be
utilized for businesses/tenants of the Williamsburg Town Centre municipally addressed as
325 Max Becker Drive; 1187 Fischer -Hallman Road;. 1188 Fischer -Hallman Road; 1170
Fischer -Hallman Road; 1111 Westmount Road East; and, 1191 Fischer -Hallman Road
3. That the owner shall remove the existing pylon sign located on the subject property
adjacent to Westmount Road East prior to installation of the ground -supported pylon sign."
Carried.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor F. Etherington
"That the application of Max Becker Enterprises Ltd. (SG 2017-006 - 1170 Fischer Hallman
Road) requesting permission for an existing ground -supported sign to have non -accessory
third party advertising whereas the By-law does not permit non -accessory third party
advertising, on Part Block 2, Registered Plan 58M-234, Part Reserve Block 12, Registered
Plan 58M-78, being Parts 4 to 9 on Reference Plan 58R-17845, 1170 Fischer Hallman Road,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the owner shall ensure the third party advertising permitted on the sign is only to be
utilized for businesses/tenants of the Williamsburg Town Centre municipally addressed as
325 Max Becker Drive; 1187 Fischer -Hallman Road;. 1188 Fischer -Hallman Road; 1170
Fischer -Hallman Road; 1111 Westmount Road East; and, 1191 Fischer -Hallman Road
Carried.
Sign Variance — 313 Highland Road West
Ms. Bozena Sikoski, was in attendance in support of the recommendation arising from the June 20,
2017 Committee of Adjustment meeting to approve the application submitted by Ms. Bozena Sikoski
for a sign variance at 313 Highland Road West, as listed under Item 3.iii of the Committee of the
Whole agenda.
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JUNE 26, 2017 - 111 - CITY OF KITCHENER
Moved by Councillor Y. Fernandes
Seconded by Councillor Z. Janecki
"That the application of Bozena Sikorski (SG 2017-003 - 313 Highland Road West) requesting
permission to legalize an existing ground -supported sign having automatic changing copy on a
lot having a width of 14.4m rather than the required 15m; having a sign area of 3.69 sq.m.
rather than the permitted maximum 3 sq.m.; a setback from the street line of 0.76m rather than
the required 3m; and, to be located Om from a residential zone rather than the required 100m
setback, on Part Lots 4 & 5, Plan 781, 313 Highland Road West, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
1. That the owner shall ensure the property address number is added to the sign as per
Section 680.11.15 of the Sign By-law.
2. That the owner shall ensure the automatic changing copy portion of the sign be turned off
between the hours of 10:00 p.m. and 6:00 a.m.
3. That the owner shall ensure messages displayed on the automatic changing copy portion
of the sign remain static for at least 6 seconds.
4. That the owner shall ensure the interlocking brick driveway is decommissioned for parking
to satisfaction of the Director of Transportation Services and City's Urban Designer.
5. That the owner shall ensure the window sign containing automatic changing copy is
removed.
6. That the owner shall ensure the sign permit is updated to reflect alterations made.
7. That the owner shall ensure the site plan is updated to include landscaping changes related
to the interlocking brick driveway.
8. That the owner shall complete Conditions 1 to 7 above prior to November 30, 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."
Carried.
6.b. Official Plan Amendment OP15/06/S/AP and Zone Change Application 15/017/S/AP — 593
Strasburg Road
Council considered Community Services Department report CSD -17-063, an addendum to Community
Services Department report CSD -17-048: Presentation of preliminary design concept and response to
other matters raised at Planning & Strategic Initiatives Committee of June 12, 2017 relating to
Applications: Official Plan Amendment OP15/06/S/AP and Zone Change Application ZC15/017/S/AP,
owned by Bloomingdale Mews Ltd. for the property municipally addressed as 593 Strasburg Road. In
addition, Council was in receipt of correspondence prepared by MHBC Planning, dated June 21, 2017 in
response to questions raised at the Planning & Strategic Initiatives Committee meeting on June 12,
2017.
Ms. Andrea Sinclair, MHBC Planning, addressed Council regarding Official Plan Amendment
OP15/06/S/AP and Zone Change Application 15/017/S/AP — 593 Strasburg Road, listed as Clause 2 on
the Planning and Strategic Initiatives Committee report. She advised they have submitted preliminary
designs of the proposed building, indicating they are still subject to Site Plan approval. She noted in her
written submission circulated this date, it addresses a number of the concerns identified at the Planning
and Strategic Initiatives Committee, including: parking during construction, shadowing, exhaust venting,
possible tunnelling affects, as well as lighting on the adjacent walkway.
Councillor P. Singh noted a number of the concerns identified at the Planning and Strategic Initiatives
Committee have been addressed. He indicated one outstanding concern regarding the proposed
development relates to the fence between the subject property and the properties fronting onto Selkirk
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JUNE 26, 2017 -112- CITY OF KITCHENER
Drive. He questioned whether it would be possible to bring forward an amendment to require an
application to review the fencing as part of Council's approval.
In response to questions, Mr. A. Pinnell, Planner, advised that fencing is a component of the Site Plan
review process and imposing any request to install a new fence is beyond the approval authority in the
Planning Act related to zone changes. Ms. C. Tarling, Director of Legislated Services/City Clerk, advised
an amendment relating to matters under the Site Plan Approval process would not be germane to the
recommendation related to the zone change.
Moved by Councillor P. Singh
Seconded by Councillor K. Galloway-Sealock
"That Clause 6 of the Planning and Strategic Initiatives Committee report be adopted."
Carried.
Zone Change Application ZC/16/011/P/GS for Cook Homes — 50 Pinnacle Drive
Council was in receipt of e-mail correspondence from Mr. Garett Stevenson, Planner, dated June 26,
2017, requesting an amendment to the proposed Zoning By-law for consideration this date relating to
Zone Change ZC16/011/P/GS (Cook Homes - 50 Pinnacle Drive) and listed as Clause 6 of the
Planning and Strategic Initiatives Committee report. In addition, Council was in receipt of a written
submission from the GSP Group related to the request to amend the By-law considered at the June
12, 2017 Planning and Strategic Initiatives Committee meeting.
Mr. Chris Pigeon, GSP Group, addressed Council in support of the Zone Change Application. Mr.
Pidgeon indicated he was in attendance at the Planning and Strategic Initiatives Committee meeting
on June 12, 2017 in support of the staff recommendation. He indicated since that meeting, they have
begun the Site Plan Approval process and have learned there have been recent amendments to the
Ontario Building Code, which has required a minor modification to the Site Plan. He requested
Council consider approving the Zone Change application with the amended By-law circulated to
Council earlier this date, noting the only change within the circulated By-law is a revision to the side
yard setback from 4.5m to 3.9m.
Moved by Councillor P. Singh
Seconded by Councillor K. Galloway-Sealock
"That Clause 5 of the Planning and Strategic Initiatives Committee report, as amended, be
adopted."
Carried.
6.c. Tenders
Ms. M. 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. Mr. J. Rehill, Fire Chief, was also
in attendance and responded to questions from Council.
Moved by Councillor Y. Fernandes
Seconded by Councillor B. loannidis
"That Tender T17-092 39,009 kg (86,000 Ib.) G.V.W. Tri Rear Axle Conventional Cab and
Chassis with Dump Body, be awarded to Team Truck Centres, Cambridge, Ontario, at their
tendered price of $175,000., plus H.S.T. of $22,750., for a total of $197,750."
- and -
"That the City enter into an agreement with the Regional Municipality of Waterloo for the
Supply of User Gear for Project 25 (P25) Voice Radio System in the estimated amount of
$430,000., plus H.S.T. of $55,900., for a total of $485,900., subject to the satisfaction of the
City Solicitor; and,
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JUNE 26, 2017 -113- CITY OF KITCHENER
That the City standardize on the purchase of user gear, as required, for the P25 Voice Radio
System, from Motorola Solutions Canada Inc., Markham, Ontario."
- and -
"That Tender T17-001 Balzer Creek Stream Restoration (Old Country Dr. to Schneider Creek),
be awarded to 560789 Ontario Limited o/a R & M Construction, Acton, Ontario, at their
tendered price of $924,638.97, including provisional items of $5,325., plus H.S.T. of
$120,203.07, for a total of $1,044,842.04."
erre
"That Tender T17-062 Old Huron Road (Battler Road to Maxwell Drive) Road Reconstruction,
be awarded to Network Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price
of $1,616,743.78, including provisional items and contingencies of $151,630., plus H.S.T. of
$210,176.69, for a total of $1,826,920.47."
Erre
"That Tender T17-004 Graber Place Watermain Extension, be awarded to A. vanEgmond
Construction (2005) Ltd., Smithville, Ontario, at their corrected tendered price of $276,150.,
including provisional items and contingencies of $16,635., plus H.S.T. of $35,769.50, for a total
of $310,919.50."
erre
"That Expression of Interest E17-085 Consultant Services - Vanier Drive Reconstruction
(Walton Avenue to Shelley Drive), be awarded to IBI Group Professional Services (Canada)
Inc., Waterloo, Ontario, at their estimated fee of $325,138., including contingencies of
$29,558., plus H.S.T. of $42,267.94, for a total of $367,405.94, based on a satisfactory
contract being negotiated and an upset fee being established."
- and -
"That staff be directed to conclude the procurement process for P17-024 Lease of 44 Gaukel
Street & the Creative Hub; and,
That staff be directed to work with key creative industry partners to explore and develop
alternative creative hub concepts and operating models and return to Council before the end of
2017 with a recommendation on the future of the Creative Hub and 44 Gaukel; and further,
That the Mayor and Clerk be authorized to execute short-term (month-to-month) lease
agreements for the first floor of 44 Gaukel Street with any of the existing tenants and sub-
tenants of 44 Gaukel Street, including the University of Waterloo and/or the accelerator Centre,
with other terms and conditions consistent with the current lease agreements, with said
agreements to be satisfactory to the City Solicitor."
- and -
"That Tender T17-091 Wet Pond Retrofit of SWM Facility 10 (SWMF 10) - Zeller Drive, be
awarded to Seawaves Development Services Inc., Hamilton, Ontario, at their tendered price of
$1,278,200., including provisional items and contingencies of $180,000., plus H.S.T. of
$166,166., for a total of $1,444,366.00; and further,
That Tender T17-053 SWM Facility Retrofit of SWM Facility 66 (SWMF66), be awarded to
560789 Ontario Limited o/a R & M Construction, Acton, Ontario, at their tendered price of
$904,719.15, including provisional items and contingencies of $186,705., plus H.S.T. of
$117,613.49, for a total of $1,022,332.64."
- and -
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JUNE 26, 2017 -114- CITY OF KITCHENER
"That the City enter into an agreement with the Regional Municipality of Waterloo and such
other parties as may be required, subject to the satisfaction of the City Solicitor, for the
implementation, use and maintenance of a Common Technology Platform including use of
Hexagon software products at an estimated implementation cost of $1,039,867.50, plus H.S.T.
of $135,182.78, for a total of $1,175,050.28, plus ongoing annual maintenance costs; and
further,
That the City enter into an agreement with Intergraph Canada Ltd. doing business as
HEXAGON Safety & Infrastructure, Mississauga, Ontario for the use of Hexagon products;
subject to the satisfaction of the City Solicitor."
Carried.
Fence Variance — 52 Redtail Street
Ms. Khristine Huete-Caluag, was in attendance in support of the recommendation arising from the
June 20, 2017 Committee of Adjustment meeting to approve the application submitted by Mr. Joseph
Caluag and Ms. Khristine Huete-Caluag for a fence variance at 52 Redtail Street, as listed under Item
3.i of the Committee of the Whole agenda.
Moved by Councillor B. loannidis
Seconded by Councillor S. Davey
"That the application of Joseph Caluag & Khristine Huete-Caluag (FN 2017-002 - 52 Redtail
Street) requesting permission to construct a wooden fence having a height of 1.82m located
0.6m from the side lot line abutting King Rail Court rather than the required 1.5m setback, on
Lot 82, Registered Plan 58M-511, 52 Redtail Street, Kitchener, Ontario, BE APPROVED,
subject to the following condition:
1. That the owner shall submit and obtain approval of a landscape plan from the City's
Director of Planning. The landscape plan shall show landscaping to be installed between
the fence and the side lot line abutting King Rail Court. All landscaping shall be completed
by October 31, 2017 and shall be maintained in accordance with the approved landscape
plan."
Carried.
2018 Sidewalk Infill Program
Ms. J. Dewitte, Ms. L. Waito and Mr. H. Merckel were in attendance in support of the Clause 11 of the
Community and Infrastructure Services Committee report related to the sidewalk infill on Shantz
Lane.
Councillor K. Galloway-Sealock requested that Shantz Lane and Bond Street be voted on separately.
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That Clause 11 of the Community and Infrastructure Services Committee report of this date
be adopted."
Paragraph 1 of Clause 11 (Shantz Lane) — Carried
on a recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors S. Davey, D. Schnider, K.
Galloway-Sealock, P. Singh, Y. Fernandes, B.
loannidis and F. Etherington.
Contra: Councillors J. Gazzola and Z.
Janecki.
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JUNE 26, 2017 -115- CITY OF KITCHENER
Absent: S. Marsh
Paragraph 2 of Clause 11 (Bond Street) — Carried on
a recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors D. Schnider, K. Galloway-Sealock,
P. Singh, B. loannidis and F. Etherington.
Contra: Councillors J. Gazzola, Y. Fernandes,
S. Davey and Z. Janecki.
Absent: S. Marsh
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Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That the balance of the Community and Infrastructure Services Committee report be
adopted."
Clause 4 — Carried.
Pecuniary Interest & Abstention:
Councillor F. Etherington as he owns property
in the vicinity of the subject lands.
Councillor P. Singh brought forward a motion, seconded by Councillor D. Schnider, to amend the
recommendation for Clause 9 of the Community and Infrastructure Services Committee report
regarding the Property Standards By-law regulation related to vacant buildings to allow boarding of
vacant buildings provided the boarding is maintained, without visible deterioration, with a protective
coating of paint or equivalent weather -resistant material; and, to provide an exemption from some
exterior maintenance requirements for buildings that may otherwise be subject to the new provisions
surrounding vacant properties where the property is subject to an active development application and
rehabilitation/redevelopment is imminent.
Clause 9 (P. Singh amendment) — Carried.
Balance of report including the balance of
Clause 9 — 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."
Councillor K. Galloway-Sealock requested that Human Resources Policy HUM -WOR -035 — Business
Travel and Meetings outlined in Clause 2 of the Finance and Corporate Services Committee report be
voted on separately.
Human Resources Policy HUM -WOR -035 — Business
Travel and Meetings outlined in Clause 2 - Carried
Balance of report including the balance of Clause 2 —
Carried
JUNE 26, 2017
COUNCIL MINUTES
MEM.
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Moved by Councillor P. Singh
Seconded by Councillor K. Galloway-Sealock
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"That the report of the Planning & Strategic Initiatives Committee be adopted."
Councillor Y. Fernandes requested that Clause 4 of the Planning & Strategic Initiatives Committee
report be voted on separately.
Clause 4 — Carried
Balance of report — Carried
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Moved by Councillor J. Gazzola
Seconded by Councillor B. loannidis
"That the report of Heritage Kitchener be adopted."
Carried.
8. UNFINISHED BUSINESS — NIL
9. NEW BUSINESS —
9.a. Boulevard Parking
Councillor K. Galloway-Sealock gave notice she would introduce a motion for consideration this date
to permit boulevard parking year round in the Wildflower Subdivision rather than the Windflower
Subdivision as outlined on the agenda.
The following motion was voted on by recorded vote.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor P. Singh
"WHEREAS the Wildflower Subdivision has been built with urban Planning Principles;
WHEREAS the Wildflower Subdivision is defined by Fischer Hallman Road, Huron Road,
Amand Drive and Williamsburg Cemetery (south limit) as the major arterial roadways;
WHEREAS having zero lot lines have created significant on -street parking concerns in this
subdivision; and,
WHEREAS parking on the boulevard is currently permitted in Ward 5 from December 1st to
March 31st, annually;
THEREFORE BE IT RESOLVED that boulevard parking be permitted year round in the
Wildflower Subdivision, following the current rules and regulations as outlined for winter
boulevard parking regulations, for a two year pilot program."
In Favour: Mayor B. Vrbanovic and
Councillors D. Schnider, K. Galloway-Sealock,
P. Singh, B. loannidis, S. Davey and F.
Etherington.
Contra: Councillors J. Gazzola, Y. Fernandes,
and Z. Janecki.
Absent: S. Marsh
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JUNE 26, 2017 -117- CITY OF KITCHENER
9.b. Regional Update
Mayor B. Vrbanovic indicated the Region of Waterloo All Council meeting is scheduled for June 28,
2017, noting there were four items on the agenda, including: Consolidated Dispatch update; Well Being
Waterloo Region Initiative; ION Rapid Transit Update; and, OMB Reform Growth Plan update.
10. QUESTIONS AND ANSWERS — NIL
11. BY-LAWS (FIRST READING) —
Councillor S. Marsh entered the meeting at this time.
Council agreed to the request of Ms. C. Tarling, City Clerk, to add seven additional by-laws for three
readings this date regarding an Official Plan amending by-law and zoning amending by-law for
Strasburg Road and zoning amending by-laws for Bloomingdale Road, Huron Road, Dodge Drive/Blair
Creek Drive and Pinnacle Drive listed as Clauses 2, 3, 4, 5 & 6 of the Planning and Strategic Initiatives
Committee report, and a heritage covenant for 710 Huron Road, listed as Clause 2 of the Heritage
Kitchener report.
Moved by Councillor F. Etherington
Seconded by Councillor K. Galloway-Sealock
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
a. Being a by-law to change the name of River Valley Trail to Hollybrook Trail in the City of
Kitchener.
b. 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.
C. To confirm all actions and proceedings of the Council.
d. Being a by-law to adopt Amendment No. 1 to the Official Plan.
e. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Bloomingdale Mews Ltd. — 593 Strasburg Road.
f. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Petricca Holdings Inc. — 8 Bloomingdale Road.
g. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Freure Promontory Inc. — 710 Huron Road.
h. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Disa Hansen, Kurt Hansen, Eleanor Hansen & Activa Holdings Inc. —
362 Dodge Drive & Blair Creek Drive.
i. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Cook Homes Limited — 50 Pinnacle Drive.
j. (Being a by-law to allow the City to enter into a heritage covenant with the owner of the
lands described as Waterloo Biehn's Tract Part Lot 13, Plan 640 Part Lots 160 and 161,
and currently municipally addressed as 710 Huron Road, for the relocation and
conservation of a stone farmhouse known as the Grant House).
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
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On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
B. Vrbanovic appointed Councillor D. Schnider as Chair.
On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the
Chair.
Moved by Councillor D. Schnider
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 F. Etherington
Seconded by Councillor K. Galloway-Sealock
"That the by-laws be given third reading, namely:
a. Being a by-law to change the name of River Valley Trail to Hollybrook Trail in the City of
Kitchener.
(By-law No. 2017-064)
b. 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.
C. To confirm all actions and proceedings of the Council.
d. Being a by-law to adopt Amendment No. 1 to the Official Plan.
(By-law No. 2017-065)
(By-law No. 2017-066)
(By-law No. 2017-067)
e. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Bloomingdale Mews Ltd. — 593 Strasburg Road.
(By-law No. 2017-068)
f. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Petricca Holdings Inc. — 8 Bloomingdale Road.
(By-law No. 2017-069)
g. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Freure Promontory Inc. — 710 Huron Road.
(By-law No. 2017-070)
h. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Disa Hansen, Kurt Hansen, Eleanor Hansen & Activa Holdings Inc. —
362 Dodge Drive & Blair Creek Drive.
(By-law No. 2017-071)
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JUNE 26, 2017 _119- CITY OF KITCHENER
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — Cook Homes Limited — 50 Pinnacle Drive.
(By-law No. 2017-072)
(Being a by-law to allow the City to enter into a heritage covenant with the owner of the
lands described as Waterloo Biehn's Tract Part Lot 13, Plan 640 Part Lots 160 and 161,
and currently municipally addressed as 710 Huron Road, for the relocation and
conservation of a stone farmhouse known as the Grant House).
(By-law No. 2017-073)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 9:09 p.m.
- J ... .
MAYOR LERK
COUNCIL MINUTES
JUNE 26, 2017 -120- 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 Bingemans for their Oktoberfest event being held at 425 Bingemans Centre Drive, between
October 6 and October 14, 2017, as outlined in the letter provided by Mark Bingeman, dated
May 10, 2017, and attached to Community Services Department report CSD -17-052.
2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to the Concordia Club for the Canadian Student Leadership Conference being held at 429
Ottawa Street South, on Wednesday September 27, 2017, as outlined in the letter provided by
Ruth Rajna, dated May 16, 2017, and attached to Community Services Department report
CSD -17-057.
3. That staff proceed with the preparation of a draft by-law and reference plan (if required) to
rename in its entirety the street shown as `River Valley Trail' located between Forest Creek
Drive and Pondcliffe Drive in the Doon South Community to `Hollybrook Trail', as outlined in
Community Services Department report CSD -17-059.
4. That the Uniform Traffic By-law be amended to implement a Level 2 Pedestrian Crossover
(PXO) on Jubilee Drive approximately 180 metres west of David Street, as outlined in
Infrastructure Services Department report INS -17-044.
5. That the Uniform Traffic By-law be amended to prohibit U-turns on both approaches on
Dunbar Road from Balmoral Drive to Brandon Avenue, as outlined in Infrastructure Services
Department report INS -17-045; and further,
That U-turns be prohibited on both approaches on Katherine Crescent from Dunbar Road to
Brandon Avenue.
6. That the Grand Trails Project be endorsed in principle, as per the City of Kitchener Cycling and
Trails Advisory Committee resolution of February 14, 2017, as outlined in Infrastructure
Services Department report INS -17-046.
7. That an extension of the purchase order issued to Stantec Consulting Ltd. for the Iron Horse
Trail Central Section (Victoria Street South to Queen Street South) in the amount of $47,058.
exclusive of H.S.T., be approved, as outlined in Infrastructure Services Department report INS -
17 -048; and further,
That the City of Kitchener enter into an agreement with the Region of Waterloo for the
contribution of Public Transit Infrastructure Fund (PTIF) funding to the Iron Horse Trail Central
Section improvements.
That the annual Neighbourhood Placemaking Challenge, as outlined in Community Services
Department report CSD -17-053, be approved, as amended.
That changes be made to the City of Kitchener's Property Standards By-law, as outlined in
Community Services Department report CSD -17-060, as further amended at the June 26, 2017
Council meeting.
(Carried, as Amended)
10. That Council approve the commencement of a low cost/seasonal traffic calming program in
2018, as outlined within Infrastructure Services Department report INS -17-047; and,
That each Ward Councillor, in consultation with Transportation Services staff, establish two
locations per ward to execute radar speed display signs in 2017; and further,
That financial support for the required infrastructure/equipment for 2018 and thereafter, be
referred to future budget deliberations.
COUNCIL MINUTES
JUNE 26, 2017 -121- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D)
11. That save and except the Sidewalk Infill Policy attached to Infrastructure Services Department
report INS -15-051 approved by Council June 1, 2015, and as outlined in Infrastructure
Services Department report INS -17-041, that Shantz Lane be approved for sidewalks only on
the west side between Weber Street and the existing trail connection between Prospect
Avenue and Ross Avenue; and further,
That Bond Street 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, and
as outlined in Report INS -17-041.
(Dealt with under Delegations and Carried, on a recorded vote)
IaIki/e1kiIyz1ve1kiUZK97:1191:7evfI�y:11C1►UIy*K9191k I kh 111 a 1 :11:11121
That the Shape DTK 2020 Strategic Priorities (as shown in Appendix A) be approved, as
amended, as the guiding document for downtown community development initiatives of the
Economic Development division in collaboration with the Downtown Kitchener Business
Improvement Area, as outlined in Chief Administrator's Office report CAO -17-019; and further,
That staff be directed to develop an implementation plan based on the Strategic Priorities in
collaboration with the Downtown Kitchener Business Improvement Area.
That the following Human Resources policy amendments, as appended to Finance and
Corporate Services Department report FCS -17-100, be approved:
• HUM -BEN -185 —
Overtime and Premium Payments;
• HUM -VAC -165 —
Leaves of Absence;
• HUM -WOR -135 —
Hours of Work and Rest Periods;
• HUM -WOR-### —
Modified Hours Program;
• HUM -WOR -035 —
Business Travel and Meetings; and,
• HUM -WOR -190 —
Personal Vehicle Use — Reimbursement.
PLANNING AND STRATEGIC INITIATIVES COMMITTEE —
That the Environmental Committee Work Plan (2017/2018), as outlined in Finance and
Corporate Services Department report FCS -17-119 be approved.
That Official Plan Amendment Application OP15/06/S/AP for Bloomingdale Mews Ltd.
municipally addressed as 593 Strasburg Road requesting a change in designation from
Medium Rise Residential to Medium Rise Residential with Specific Policy Area 37 to permit a
maximum Floor Space Ratio of 2.1 and to permit a Multiple Dwelling to have a maximum
height of 9 storeys or 24.0 metres, whichever is greater, on the parcel of land specified and
illustrated on Schedule A', be adopted, in the form shown in the Official Plan Amendment
circulated at the June 12, 2017 Planning and Strategic Initiatives Committee meeting, and
accordingly forwarded to the Regional Municipality of Waterloo for approval; and further,
That Zone Change Application ZC15/017/S/AP for Bloomingdale Mews Ltd. municipally
addressed as 593 Strasburg Road requesting a change from Residential Eight Zone (R-8) to
Residential Eight (R-8) with Special Regulation Provision 699R on the parcel of land specified
and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated
May 3, 2017, attached to Community Services Department report CSD -17-048 as Appendix B.
COUNCIL MINUTES
JUNE 26, 2017 -122- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D)
That application ZC17/002/B/CD (Petricca Holdings Inc.), for the purpose of changing the
zoning of the subject property (8 Bloomingdale Road) from Existing Use Zone (E-1) with
Special Use Provision 183U to Existing Use Zone (E-1) with amended Special Use Provision
183U on the parcel 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 May 4, 2017, attached to
Community Services Department report CSD -17-047 as Appendix "A", be approved.
That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of
Subdivision Application 30T-15201 in the City of Kitchener, for Freure Promontory Inc.,
municipally addressed as 710 Huron Road, subject to the conditions attached to Community
Services Department report CSD -17-044 as Appendix `A'; and further,
That Zone Change Application ZC15/07/H/GS for Freure Promontory Inc. for the purpose of
changing the zoning from Residential Three Zone (R-3) with Holding Provision 17HSR to
Residential Four Zone (R-4), Residential Six Zone (R-6), and Public Park Zone (P-1) with site
specific special provisions be approved, as amended at the June 12, 2017 Planning and
Strategic Initiatives Committee.
That Zone Change Application ZC/16/012/D/GS (Disa Hansen, Kurt Hansen, Eleanor Hansen,
& Activa Holdings Inc.) requesting a change in zoning for the property municipally addressed
as 362 Dodge Drive and Blair Creek Drive from Agricultural Zone (A-1), Open Space Zone (P-
2), Agricultural Zone (A-1), and Residential Six (R-6) with Special Regulation Provisions 685R,
687R, and 689R to: Residential Six (R-6) with Special Regulation Provisions 685R, 687R, and
689R, Open Space Zone (P-2) and Agricultural Zone (A-1) with Special Regulation Provision
700R be approved in the form shown in the "Proposed By-law" dated May 3, 2017 attached to
Community Services Department report CSD -17-050 as Appendix `A'.
That Zone Change Application ZC1 6/01 1/P/GS for Cook Homes Limited requesting a change
from Residential Four (R-4) with Special Use Provision 319U and Residential Three (R-3) with
Special Use Provision 319U to Residential Six (R-6) with Special Regulation Provision 461U
on the parcel of land municipally addressed as 50 Pinnacle Drive specified and illustrated on
Map No. 1, be approved in the form shown in the "Proposed By-law" as circulated at the June
26, 2017 Council meeting, be approved, as amended; and further,
That Block Plan 58, originally approved in 1976 by Kitchener City Council, be repealed in its
entirety.
(Dealt with under Delegations and Carried, as Amended)
HERITAGE KITCHENER —
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a
Notice of Intention to designate the property currently municipally addressed as 710 Huron
Road and known as the Grant House as being of cultural heritage value or interest; and
further,
That the designating by-law be registered on the title of a smaller parcel to be contained within
the existing lands, following the relocation of the Grant House which is the subject of the
Notice of Intention to Designate, as outlined in Community Services Department report CSD -
17 -054.
COUNCIL MINUTES
JUNE 26, 2017 -123- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
HERITAGE KITCHENER — (CONT'D)
That the draft by-law dated May 16, 2017 attached to Community Services Department report
CSD -17-055, to allow the City to enter into a heritage covenant with the owner of the lands
described as Waterloo Biehn's Tract Part Lot 13, Plan 640 Part Lots 160 and 161, and
currently municipally addressed as 710 Huron Road, for the relocation and conservation of a
stone farmhouse known as Grant House, be adopted.
That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-
2017-IV-018 be approved, as outlined in Community Services Department report CSD -17-061,
to permit cleaning of the front (King Street) elevation of the building located on the property
municipally addressed as 37 King Street West, in accordance with the plans and
supplementary information submitted with the application and subject to the following
conditions:
That the applicant submit additional information that confirms the proposed cleaning
products and methods will not negatively impact the building materials to the
satisfaction of the City's Coordinator, Cultural Heritage Planning; and further,
2. That an in-situ test patch will be conducted for each product and method, and each
building material to the satisfaction of the City's Coordinator, Cultural Heritage
Planning.
COUNCIL MINUTES
JUNE 26, 2017 -124- 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 —
Various Tenders
Dealt with under Delegations.
2. FCS -17-127 - Request for Midway - 84 Strange Street
Council considered Finance and Corporate Services Department report FCS -17-127 (H.
Fylactou), dated June 7, 2017.
It was resolved:
"That Cherry Park Neighbourhood Association be granted permission to operate a
Midway at 84 Strange Street (Cherry Park), on July 8, 2017, subject to the following:
Date of O ration Hours of Operation
----------------------------------- -----------------------------------------
Saturday, July 8, 2017 11:00 a.m. — 6:00 p.m.
--------------- !------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------'---------------------------------------------------------------------------------------------------
That the required licences with approvals from the City of Kitchener Planning and
Operations Divisions, and Region of Waterloo Public Health be obtained prior to
operating the Midway for July 8 and July 9, 2017."
3. FCS -17-131 — Committee of Adjustment Variances — Various
Council considered Finance and Corporate Services Department report FCS -17-131 (D.
Saunderson), dated June 21, 2017.
It is noted for the record that the following applications were dealt with under
Delegations: Submission FN 2017-002 (52 Redtail Street); Submission SG 2017-002
(1111 Westmount Road East); Submission SG 2017-003 (313 Highland Road West);
and, Submission SG 2017-006 (1170 Fischer -Hallman Road).
It was resolved:
"That the application of 2417818 Ontario Inc. (SG 2017-004 - 1458 Weber Street East)
requesting permission to legalize an existing sign painted on the exterior of a building
whereas the By-law does not permit signs to be painted on buildings, on Lots 164-166
and Part Lots 151, 152, 159, 160, 167 & 168, Plan 308, 1458 Weber Street East,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the owner shall obtain a sign permit from the Planning Division."
951ii eE
"That the application of Saunders and Mandalfino Medicine (SG 2017-005 — 723 King
Street West) requesting permission to remove and replace a ground -supported sign
having a height of 2.85m rather than the permitted maximum 2m; and; a separation
distance of 8.5m from another ground -supported sign rather than the required
separation distance of 15m, on Part Lots 41, 42 & 30, Plan 377, 723 King Street West,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
COUNCIL MINUTES
JUNE 26, 2017 -125- CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS — (CONT'D)
3. FCS -17-131 — Committee of Adjustment Variances — Various (Cont'd)
1. That the owner shall obtain a sign permit from the Planning Division.
2. That the owner shall ensure the sign is located outside of the Driveway Visibility
Triangle (DVT).
3. That the owner shall locate the sign, including foundation, a minimum of 1.76m from
the current property line.
4. That Condition 1 shall be completed prior to September 30th, 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."
- and -
"That the application of 2437628 Ontario Inc. (SG 2017-007 - 4341 King Street East)
requesting permission to legalize an existing ground -supported sign having a clearance
of 1.57m in the Driveway Visibility Triangle (DVT) rather than the required clearance of
2.44m, on Part Lot 9, Beasley's Broken Front Concession, 4341 King Street East,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall update the sign permit (Permit #16-125099) to reflect the
location of the sign within the Driveway Visibility Triangle (DVT) and that the
distance of 1.57 metres between the ground and the bottom of the sign shall be
maintained.
2. That Condition 1 shall be completed prior to September 1, 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."
4. INS -17-051 — 2017 Ontario Municipal Commuter Cycling Program Application
Council considered Infrastructure Services Department report INS -17-051 (J.
Readman), dated June 20, 2017.
It was resolved:
"That the Mayor and Clerk be authorized to execute the 2017 Ontario Municipal
Commuter Cycling Program Application Declaration for Large -Medium Municipalities,
subject to the satisfaction of the City Solicitor; and further,
That the Chief Administrative Officer or the Infrastructure Services Department Head be
delegated authority to finalize the 2017 Project List through consultation with the City of
Kitchener Cycling and Trails Advisory Committee."
5. FCS -17-132 — Memorandum of Settlement — IBEW 636
Council considered Finance and Corporate Services Department report FCS -17-132 (B.
Soye), dated June 20, 2017.
It was resolved:
"That the terms and conditions contained in the Memorandum of Settlement dated May
30, 2017 to establish the 2017-2020 collective agreement with IBEW Local 636, be
approved; and further,
COUNCIL MINUTES
JUNE 26, 2017 -126- CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS — (CONT'D)
5. FCS -17-132 — Memorandum of Settlement — IBEW 636 (Cont'd)
That the Mayor and the Clerk be authorized to execute documentation arising
therefrom."
6. CSD -17-062 — Authorization to Sign Collaborative Agreement Amendment —
Community Energy Investment Strategy
Council considered Community Services Department report CSD -17-062 (A. Pinard),
dated June 16, 2017.
It was resolved:
"That the Mayor and Clerk be authorized on an ongoing basis to sign any necessary
minor amendments, from time to time to ensure completion of the project, to the existing
collaborative agreement with the Region of Waterloo, City of Waterloo, City of
Cambridge and all of the local utilities regarding the preparation of a Community Energy
Investment Strategy, subject to the satisfaction of Legal Services."
7. CAO -17-022 — Offer to Purchase — Waterloo Region District School Board
Council considered a recommendation arising from in -camera discussion this date.
It was resolved:
"That the Mayor and Clerk be authorized to execute an Offer to Purchase with the
Waterloo Region District School Board to acquire the lands located on Fischer -Hallman
Road described as Part Lots 151 & 160, German Company Tract, shown as Parts 1, 2
& 3 on Reference Plan 58R-10081, subject to Instr.'s 162475 & 182316, City of
Kitchener, Region of Waterloo, in accordance with the direction given in camera at the
meeting of June 26, 2017."
8. Contract — Animal Welfare Agency South Central Ontario
Council considered a recommendation arising from in -camera discussion this date.
It was resolved:
"That the Mayor and Clerk be authorized to execute an animal services and dog
licensing contract with the Animal Welfare Agency South Central Ontario, which
contract:
1. shall have an initial term of four years, for the calendar years 2018 to 2021;
2. may include an option for the parties to renew the contract for up to two further
terms of four years each, if the parties agree on the terms applicable to such
renewal term or terms;
3. shall be on terms approved by City Council at a subsequent public meeting; and,
4. shall be satisfactory to the City Solicitor."