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HomeMy WebLinkAboutCouncil - 2017-12-11Kell] I:N10khIlki Lei I*? DECEMBER 11, 2017 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" by the Trillium Public School Choir. 2. MINUTES — On motion by Councillor B. loannidis, the minutes of the regular meeting held November 6, 2017 and special meetings held November 6, 20 & 27 and December 4, 2017, 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 PARTS Rockway Plan, as listed under Clause 3 of the Planning and Strategic Initiatives Committee dated December 4, 2017 because 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 — Certificates of Service On behalf of Council, Mayor B. Vrbanovic acknowledged Councillor J. Gazzola for 15 years of service as a City Councillor. 6. DELEGATIONS — 6.a. Public Highway Closure 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 close the public highway known as an Unnamed Public Lane, Plan 262, lying between Ottawa Street and Lot 124, adjacent to 161 Ottawa Street South, listed as Items 11.n. and 14.n. on the Council agenda. 6.b. Dog Designation Appeal Committee Recommendation Ms. Megan Bell was not attendance and therefore did not speak to the Dog Designation Appeal Committee recommendation, listed as Item B.2 on the Committee of the Whole agenda. 6.c Minor Variance Application —121 Westmount Road East Mr. John Florence and Mr. Murray Gordon were in attendance to speak in support of the minor variance application for 121 Westmount Road East, listed as Item B.3 on the Committee of the Whole agenda. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the application of Forest Hill United Church (SG 2017-016) requesting permission to install a ground -supported sign having automatic changing copy located 27m from a residential zone rather than the required 100m setback, on Part Block A, Part Lot 337, Plan 946, 121 Westmount Road East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. COUNCIL MINUTES DECEMBER 11, 2017 -208- CITY OF KITCHENER 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.. That Condition 1 shall be completed prior to July 1st, 2018. 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. Minor Variance Application —1201 Fischer Hallman Road Mr. Vaughan Bender was in attendance to speak in support of the minor variance application for 1201 Fischer Hallman Road, listed as Item B.3 on the Committee of the Whole agenda. Moved by Councillor P. Singh Seconded by Councillor D. Schnider That the application of Williamsburg Gas Station Inc. (SG 2017-017) requesting permission to erect two ground -supported signs, one fronting onto Fisher Hallman Road and one fronting onto Bleams Road, both having heights of 3.15m rather than the permitted maximum height of 2m, on Part Lot 3, Plan 1470 & Part Block 45, Registered Plan 58M-408, being Parts 7 to 9 and 15 to 22 on Reference Plan 58R-17986, 1201 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division. That the owner shall ensure the sign is located outside of the Corner Visibility Triangle (CVT). That Condition 1 shall be completed prior to July 1st, 2018. 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.d. Heritage Permit Application HPA-2017-V-035 — 51 David Street Ms. Vanessa Hicks, MHBC Planning, and Mr. Laird Robertson, NEO Architecture Inc., were in attendance to speak in support of the proposed Heritage Permit Application for 51 David Street, listed as Item 1 under the Heritage Kitchener report dated December 5, 2017. In response to questions, Mr. Robertson explained the need for a non-combustible exterior material and given the confinement of the site a full masonry building was seen as unfeasible. He noted masonry has been included in the building design at the pedestrian level of the building to respond to brick within the neighbourhood. Councillor J. Gazzola requested the motion be considered on a recorded vote Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That Clause 1 of the Heritage Kitchener report dated December 5, 2017 be adopted." In Favour: Mayor B. Vrbanovic and Councillors, S. Marsh, D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis and P. Singh. COUNCIL MINUTES DECEMBER 11, 2017 -209- CITY OF KITCHENER Contra: Councillors J. Gazzola, Z. Janecki, Y. Fernandes and F. Etherington. Carried on a recorded vote. Demolition Permit —1940 Fischer Hallman Road Mr. Bender was in attendance to speak in support of the recommendation outlined in report CSD -17- 103, listed as Clause 2 under the Heritage Kitchener report dated December 5, 2017. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That Clause 2 of the Heritage Kitchener report dated December 5, 2017 be adopted." Carried. Demolition Permit —1 Queen Street North Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That Clause 1 of the Heritage Kitchener report dated November 7, 2017 be adopted." Carried. 6.e Tenders Ms. M. Palmer, Director of Supply Services, was in attendance to answer questions arising from the tender(s) listed as Item B.1 on the Committee of the Whole agenda this date. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That Tender T17-073 Sewer Safety Cross Bore Inspection Program (Emergency & Provisional Work), be awarded to Tierra Geomatic Services Inc., Markham, Ontario, at their tendered price of $179,320., plus H.S.T. of $23,311.60, for a total of $202,631.60, for emergency and provisional work, for a one (1) year term, with an option to renew for four (4) additional twelve (12) month periods." -and— "That Tender T17-124 One (1) Four -Wheel Drive Rubber Tired Articulated Loader, be awarded to Nortrax Canada Inc., Cambridge, Ontario, at their tendered price of $205,944., plus optional plow with carbide plow blade of $9,690., plus optional mounted wing with carbide plow blade of $26,795., plus H.S.T. of $31,515.77, for a total of $273,944.77." -and- "That Cansel Survey Equipment Inc., Burnaby, British Columbia, be the sole source provider of Trimble Global Positioning System (GPS) and Related Equipment, Training, Software and Data Services, at a cost of $125,842.00 plus H.S.T of $16,359.46 for a total of $142,201.46, for a five (5) year term." EFFI E "That Tender T17-130 Vehicle Rust Control Services, be awarded to Nick Bergsma Enterprises Ltd. O/A Krown Rust Control, Kitchener, Ontario, at their tendered price of $55,690., plus H.S.T. of $7,239.70, for a total of $62,929.70, for a one (1) year term, with an option to renew for four (4) additional twelve (12) month terms." 951ii eE COUNCIL MINUTES DECEMBER 11, 2017 -210- CITY OF KITCHENER "That Tender T17-134 One (1) Tandem Rear Axle Conventional Cab and Chassis, be awarded to Team Truck Centres Limited, Cambridge, Ontario, at their tendered price of $121,000., plus H.S.T. of $15,730., for a total of $136,730." -and- "That Quotation Q17-094 Domestic Natural Gas Meter Set: New Build Installation and Inspection Services, be awarded to Lakeside Gas Services Ltd., Mississauga, Ontario, at their quoted price of $119,734., plus H.S.T. of $15,565.42, for a total of $135,299.42., for a one (1) year term." Carried. Zone Change Application ZC17/007/Q/KA for Danblo Holdings Inc. and System Tune Inc. — 50 Pinnacle Drive Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That Clause 6 of the Planning and Strategic Initiatives Committee report dated December 4, 2017 be adopted." Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES COMMITTEE Moved by Councillor S. Davey Seconded by D. Schnider "That the report of the Finance and Corporate Services Committee dated December 4, 2017 be adopted." Councillor J. Gazzola requested that Clauses 4 of the Finance and Corporate Services Committee report be voted on separately. An amendment to Clause 4 was brought forward by Councillor S. Marsh, seconded by Councillor K. Galloway-Sealock, that a business plan project to develop a municipal response to the Truth and Reconciliation Commission Calls to Action be added to the 2018 Business Plan. Mayor B. Vrbanovic left the meeting at this time. Councillor Z. Janecki assumed the chair. Mayor B. Vrbanovic reentered the meeting and assumed the chair. In response to questions, Mr. Michael May, Deputy Chief Administrative Officer, Community Services Department, advised staff will complete a comprehensive review of how the City can implement a municipal response to the Truth and Reconciliation Commission Calls to Act, and will provide recommendations based on the review to Council at a future date. A motion to defer Councillor S. Marsh's amendment to the January 29, 2018 Council meeting was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki. Councillor Y. Fernandes' deferral was then voted on and LOST. Councillor S. Marsh's amendment was then voted on and was Carried Unanimously on a recorded vote. An amendment to Clause 5 was brought forward by Councillor S. Marsh, seconded by Councillor S. Davey, that a decision regarding the business licence fee for payday lenders be deferred until a future meeting date before April 1, 2018. Councillor S. Marsh's amendment was then voted on and was Carried. COUNCIL MINUTES DECEMBER 11, 2017 -211- CITY OF KITCHENER Clause 4, as amended — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, S. Marsh, D. Schnider, K. Galloway-Sealock, Y. Fernandes, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillors J. Gazzola and Z. Janecki Clause 5, as amended — Carried. Balance of Report — Carried 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor S. Marsh "That the report of the Community and Infrastructure Services Committee dated December 4, 2017 be adopted." Councillor J. Gazzola requested that Clause 6 of the Community and Infrastructure Services Committee report be voted on separately. In response to questions, Mr. Justin Readman, Interim Executive Director, Infrastructure Services Department, referenced Report INS -16-066, dated August 1, 2016, which highlighted a $4.5 million repair -only cost for Carl Zehr Square ($3.5 million) and Duke Street ($1 million) combined. He noted the repair -only cost would include removing and replacing both pavers and membrane. He explained there is a $2 million premium to improve the function of Carl Zehr Square over the base -cost of the repairs. Clause 6 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, S. Marsh, D. Schnider, K. Galloway-Sealock, Y. Fernandes, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillors J. Gazzola and Z. Janecki Balance of Report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES COMMITTEE Moved by Councillor B. loannidis Seconded by Councillor S. Davey "That the balance of the Planning and Strategic Initiatives Committee report dated December 4, 2017 be adopted." Councillor P. Singh declared a pecuniary interest with respect to the PARTS Rockway Plan, listed under Clause 3 because 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. Councillor J. Gazzola requested that Clause 2 of the Planning and Strategic Initiatives Committee report be voted on separately. In response to questions, Mr. Michael May, Deputy Chief Administrative Officer, Community Services Department, indicated Planning staff would follow-up with members of Council via email with respect to what changes were made to the PARTS Rockway Plan following a meeting with Mill Street developers. COUNCIL MINUTES DECEMBER 11, 2017 -212- CITY OF KITCHENER Clause 2 — Carried Unanimously on a recorded vote. Clause 3 — Carried. Pecuniary Interest and Abstention: Councillor P. Singh because a member of his family owns property in the vicinity of the subject lands. Balance of Report — Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER — NOVEMBER 7, 2017 Dealt with under delegations. 7. COMMITTEE REPORTS — HERITAGE KITCHENER — DECEMBER 4, 2017 Dealt with under delegations. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — In response to concerns raised by Councillor Gazzola regarding Phase 2 of the LRT development, Mayor B. Vrbanovic advised a meeting is being planned with staff for residents to raise concerns regarding the development. The Mayor further explained the official process of reviewing the LRT development is ongoing and the public is encouraged to submit comments and concerns for staff to review prior to recommendations being presented to Regional Council. 9.a. Regional Council Update — NIL 10. QUESTIONS AND ANSWERS — In response to questions, Mr. M. May indicated staff would investigate the future of the Conway Ice Rink and circulate additional information via email to members of Council. 11. BY-LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add four additional by-laws for three readings this date regarding a zone change amendment concerning 588-600 Queen Street South; a zone change amendment concerning 731 Huron Road; an emergency plan by-law; and, a business licensing by-law. Moved by Councillor F. Etherington Seconded by Councillor D. Schnider "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. b. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. C. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff). d. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff). COUNCIL MINUTES DECEMBER 11, 2017 -213- CITY OF KITCHENER e. Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. f. Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. g. Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Business License Fees. h. Being a by-law to amend Chapter 503 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. Being a by-law with respect to Standards of Maintenance and Occupancy. Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. k. Being a by-law to provide for the widening of part of Gage Avenue as a public highway in The City of Kitchener. Being a by-law to exempt certain lots from Part Lot Control — Part Block 9, Registered Plan 58M-595 - 900 Orr Court. m. Being a by-law to exempt certain lots from Part Lot Control — Blocks 5, 6 and 9, Registered Plan 58M-504 - Hollybrook Trail. n Being a by-law to close the public highway known as Public Lane, Plan 262, between Ottawa Street and Lot 124, Streets & Lanes, in The City of Kitchener. o. To confirm all actions and proceedings of the Council. p. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Danblo Holdings Ince. and System Tune Inc. — 588 & 600 Queen Street South. q. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Huron Gardens Inc. — 731 Huron Road. Being a by-law to establish the City of Kitchener's Emergency Management Program. S. Being a by-law to provide for the licensing and regulation of businesses in the 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 B. loannidis as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor B. loannidis 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." COUNCIL MINUTES DECEMBER 11, 2017 -214- CITY OF KITCHENER Carried. 14. BY-LAWS (THIRD READING) - Moved by Councillor F. Etherington Seconded by Councillor D. Schnider "That the by-laws be given third reading, namely: a. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2017-121) b. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2017-122) C. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff). (By-law No. 2017-123) d. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff). (By-law No. 2017-124) e. 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. 2017-125) f. 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. 2017-126) g. Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Business License Fees. (By-law No. 2017-127) h. Being a by-law to amend Chapter 503 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2017-128) i. Being a by-law with respect to Standards of Maintenance and Occupancy. (By-law No. 2017-129) j. 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. 2017-130) k. Being a by-law to provide for the widening of part of Gage Avenue as a public highway in The City of Kitchener. (By-law No. 2017-131) COUNCIL MINUTES DECEMBER 11, 2017 -215- CITY OF KITCHENER I, Being a by-law to exempt certain lots from Part Lot Control — Part Block 9, Registered Plan 58M-595 - 900 Orr Court. (By-law No. 2017-132) m. Being a by-law to exempt certain lots from Part Lot Control — Blocks 5, 6 and 9, Registered Plan 58M-504 - Hollybrook Trail, (By-law No. 2017-133) n Being a by-law to close the public highway known as Public Lane, Plan 262, between Ottawa Street and Lot 124, Streets & Lanes, in The City of Kitchener. (By-law No. 2017-134) o. To confirm all actions and proceedings of the Council. (By-law No. 2017-135) p. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Danblo Holdings Ince. and System Tune Inc. — 588 & 600 Queen Street South. (By-law No. 2017-136) q. Being a by-law to amend By-law 85-1, as amended, known as the zoning By-law for the City of Kitchener — Huron Gardens Inc. -- 731 Huron Road. (By-law No. 2017-137) F. Being a by-law to establish the City of Kitchener's Emergency Management Program. (By-law No. 2017-138) s. Being a by-law to provide for the licensing and regulation of businesses in the City of Kitchener. (By-law No. 2017-139) be taken as read a third time, be finally passed and numbered serially by the Clerk." MAYOR Carried. On motion, the meeting adjourned at 10:00 p.m. . ............................... ......... CLERK COUNCIL MINUTES DECEMBER 11, 2017 -216- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — DECEMBER 4, 2017 1. That uncollectable Miscellaneous Receivable Accounts amounting to $31,695. be written off against the Allowance for Doubtful Receivables, as outlined in Finance and Corporate Services Department report FCS -17-182. 2. That uncollectable Utility Accounts amounting to $313,820. be written off against the Allowance for Doubtful Utility Receivables, as outlined in Finance and Corporate Services Department report FCS -17-183. 3. That subject to the 2018 budget deliberations, and as outlined in Finance and Corporate Services Department report FCS -17-195, $30,450. be allocated to Reep Green Solutions, as part of the Legislated Services' 2018 Operating Budget. 4. That the City of Kitchener 2018 Strategic Action Plan outlined in Appendix `B' to Chief Administrator's Office report CAO -17-027 be approved, as amended, subject to budget deliberations. 5. That the new Comprehensive Business Licensing By-law, as attached to and outlined in Finance and Corporate Services Department report FCS -17-149, as amended, be approved; and further, That the fees set out in Appendix `A' effective April 1, 2018 be approved; and that the 2018 User Fee Schedule be amended to include the fees set out in Appendix `A'. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — DECEMBER 4, 2017 1. That the City of Kitchener Emergency Management Program By-law be approved, as attached to Community Services Department report CSD -17-058. 2. That the Uniform Traffic Bylaw be amended to prohibit stopping from 8:00 a.m. to 9:30 a.m. and, 2:30 p.m. to 4:00 p.m., Monday to Friday, September 1 to June 30 on the west (even - numbered) side of Corfield Drive from a point 35 metres south of the intersection of Corfield Drive and Lackner Boulevard to a point 65 metres south of the intersection of Corfield Drive and Rolling Acres Drive, as outlined in Infrastructure Services Department report INS -17-089. 3. That the Uniform Traffic Bylaw be amended to prohibit stopping from 8:00 a.m. to 9:30 a.m. and, 2:30 p.m. to 4:00 p.m., Monday to Friday, September 1 to June 30 on the north (even - numbered) side of Apple Tree Court from Corfield Drive to a point 78 metres east thereof, as outlined in Infrastructure Services Department report INS -17-091. 4. That the City of Kitchener become a Bee City affiliate, as outlined in Infrastructure Services Department report INS -17-081; and further, That the Mayor be authorized to sign the formal resolution provided by Bee City Canada, attached as Appendix A', accepting the designation and committing to the standards of the Bee City Canada Program. 5. That parking be prohibited at any time on the south (odd -numbered) side of Old Carriage Drive from Homer Watson Boulevard to Old Carriage Court, as outlined in Infrastructure Services Department report INS -17-087; and, That parking for three (3) consecutive hours on the north side of Old Carriage Drive between a point 110 metres south of Homer Watson Boulevard to Old Carriage Court be maintained; and, That parking for three (3) consecutive hours be re -instated on the north (even -numbered) side of Old Carriage Drive from Homer Watson Boulevard to a point 110 metres south thereof; and further, That the Uniform Traffic Bylaw be amended accordingly. COUNCIL MINUTES DECEMBER 11, 2017 -217- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — DECEMBER 4, 2017 (CONT'D) 6. That the functional design for City Hall outdoor spaces as outlined in Infrastructure Services Department report INS -17-076 be endorsed. 7. That consideration of the following recommendation be deferred to the January 8, 2018, Community and Infrastructure Services Committee meeting: "That the Community Engagement Policy attached as Appendix `A' to Chief Administrator's Office report CAO -17-026 be approved." PLANNING AND STRATEGIC INITIATIVES COMMITTEE — OCTOBER 30, 2017 That notwithstanding the PARTS: Midtown Plan, any of the conceptual future street connections shown in the plan shall not hinder the ability of AirBoss (101 Glasgow Street) to continue to operate and expand their industrial facility at any time. Only at such time as 101 Glasgow Street is ever proposed to have a different use of the property, a potential private or public transportation connection to Elm Street be explored with the landowner at that time; and further, That for the lands bounded by Glasgow Street, Strange Street, the rail line and Iron Horse Trail, any future street connections — whether private road, private driveway or public road; and any park space — whether private or public; shown on the maps contained in the PARTS: Midtown Plan are conceptual, long-term possibilities that would only be considered at the time a property is redeveloped and a landowner at that time may provide justification of an alternate way to achieve these particular PARTS: Midtown Plan objectives, as outlined in Community Services Department report CSD -17-105. That the Tall Building Urban Design Guidelines, attached as Appendix A to Community Services Department report CSD -17-097, be approved; and further, That the Tall Building Design Guidelines be added into the City's Urban Design Manual and Tall Building Statement of Expectations be removed from the City's Urban Design Manual, upon approval. That the PARTS Rockway Plan, attached as Appendix A to Community Services Department report CSD -17-100, be approved, subject to the following revisions: • That the Shared Parking (proposed) Icon shown on the Mobility Map on page 47 be removed and the Legend updated accordingly to remove reference to Shared Parking (proposed); and, • That the Preferred Land Use Plan on page 65 be amended to revise the proposed land use identification for the properties at 531, 541 and 543 Mill Street from Innovation Employment to Mixed -Use High Density. That staff prepare the appropriate Official Plan Amendment (i.e. incorporate an updated Secondary Plan), the corresponding Zoning By-law Amendment and related urban design guidelines, which will include additional public engagement and consultation, to implement the PARTS Rockway Plan; and further, That the mobility, public realm or any relevant technical and implementation recommendations identified in the PARTS Rockway Plan be prioritized as a part of future business plan, work plan and budget processes. That the consideration of the following motion be deferred to the January 8, 2018 Planning and Strategic Initiatives meeting: "That the revised Council Policy 1-1080 - Performance Securities, as provided in Appendix A of Community Services Department report CSD -17-102, be approved." COUNCIL MINUTES DECEMBER 11, 2017 -218- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — DECEMBER 4, 2017 (CONT'D) 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-17201 in the City of Kitchener, for Huron Gardens Inc., subject to the conditions attached to Community Services Department report CSD -17-093 as Appendix `A'; and further, That Zone Change Application ZC17/004/H/GS for Huron Gardens Inc. for the purpose of changing the zoning from Residential Three Zone (R-3) with Holding Provision 17HSR to Residential Six Zone (R-6), and Public Park Zone (P-1) with site specific special provisions be approved in the form shown in the "Proposed By-law" dated October 25, 2017 attached to Report CSD -17-093 as Appendix `B'. That Zoning By-law Amendment ZC17/007/Q/KA (Danblo Holdings Inc. and System Tune Inc.) for the purpose of changing the zoning from Medium Intensity Mixed Use Corridor Zone (MU - 2) and Low Intensity Mixed Use Corridor Zone (MU -1) with Special Regulation, Special Use and Holding Provisions to Medium Intensity Mixed Use Corridor Zone (MU -2) with revised Special Regulation Provision 450R, Holding Provision 53H, and Property Detail Schedule 42, be approved in the form shown in the "Proposed By-law" dated October 31, 2017, attached to Community Services Department report CSD -17-096 as Appendix A'. HERITAGE KITCHENER — NOVEMBER 7, 2017 That in accordance with Section 27(3) of the Ontario Heritage Act, the written Notice of Intention to Demolish dated October 5, 2017 to demolish portions of the building on the property municipally addressed as 1 Queen Street North, as outlined in Community Services Department report CSD -17-099, be received for information and that the notice period run its course. (Dealt with under Delegations and Carried) HERITAGE KITCHENER — DECEMBER 5, 2017 That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2017-V-035 be approved to permit the construction of a six storey multiple residential building on the property municipally addressed as 51 David Street, as outlined in Community Services Department report CSD -17-098, and in accordance with the plans and supplementary information submitted with the application and subject to the following condition: i. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to issuance of a building permit. (Dealt with under Delegations and Carried) That in accordance with Section 27(3) of the Ontario Heritage Act, the written Notice of Intention to Demolish dated October 20, 2017 regarding the property municipally addressed as 1940 Fischer Hallman Road, as outlined in Community Services Department report CSD -17- 103, be received for information and that the notice period run its course. (Dealt with under Delegations and Carried) COUNCIL MINUTES DECEMBER 11, 2017 -219- 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 -17-196 — Dangerous Dog Designation Appeal — Bell and Yorke Council considered Finance and Corporate Services Department report FCS -17-196 (D. Saunderson), dated November 20, 2017. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Megan Bell and Mr. Daniel Yorke, wherein the Committee affirms the Dangerous Dog Designation and modifies the conditions for the keeping of said dog, be ratified and confirmed. 3. FCS -17-198 — Sign Variance — 121 Westmount Road East and 1201 Fischer Hallman Road Council considered Finance and Corporate Services Department report INS -17-198 (D Saunderson) dated November 23, 2017. It was resolved: "That the application of Forest Hill United Church (SG 2017-016) requesting permission to install a ground -supported sign having automatic changing copy located 27m from a residential zone rather than the required 100m setback, on Part Block A, Part Lot 337, Plan 946, 121 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 messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. 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.. 4. That Condition 1 shall be completed prior to July 1st, 2018. 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. That the application of Williamsburg Gas Station Inc. (SG 2017-017) requesting permission to erect two ground -supported signs, one fronting onto Fisher Hallman Road and one fronting onto Bleams Road, both having heights of 3.15m rather than the permitted maximum height of 2m, on Part Lot 3, Plan 1470 & Part Block 45, Registered Plan 58M-408, being Parts 7 to 9 and 15 to 22 on Reference Plan 58R-17986, 1201 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COUNCIL MINUTES DECEMBER 11, 2017 -220- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (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 Corner Visibility Triangle (CVT). 3. That Condition 1 shall be completed prior to July 1st, 2018. 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. CAO -17-030 —Waterloo Region Small Business Centre Amendment Agreement With the Province of Ontario — Digital Innovation Skills Certificate Council considered Chief Administrator's Office report CAO -17-030 (C. Farrell), dated December 4, 2017. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment, subject to the satisfaction of the City Solicitor, with the Province of Ontario to amend the Youth Skills Connections program delivered by the Kitchener Waterloo Region Small Business Centre as set out in Chief Administrator's Office report CAO -16-022." 5. INS -17-092 — Downtown City Curbside Electric Vehicle Charging Unit Program Council considered Infrastructure Services Department report INS -17-092 (K Carmichael), dated December 5, 2017. Councillor J. Gazzola requested a recorded vote. It was resolved: "That the submission of a Letter of Intent for the FLO Curbside Electric Vehicle Charging Unit Grant, be approved; and, That the Mayor and Clerk be authorized to sign the grant application for the FLO Curbside Electric Vehicle Charging Unit NRCAN Program and any related documents; and, That Council approve a partnership between the City of Kitchener and Grand River Energy Solutions Corp. (GRE) for the installation, ownership and maintenance of 3 FLO SmartTwo Curbside Master Electric Vehicle Charging Units; and, That the Mayor and Clerk be authorized to sign a partnership agreement between the City of Kitchener and Grand River Energy Solutions Corp., said agreement to be satisfactory to the City Solicitor; and further, That capital funding for the FLO Curbside Electric Vehicle Charging Unit NRCAN Program in the estimated amount of $32,500., funded from the Parking Enterprise capital reserve fund, be approved." In Favour: Mayor B. Vrbanovic and Councillors, S. Marsh, D. Schnider, Z. Janecki, K. Galloway-Sealock, Y. Fernandes, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillor J. Gazzola Carried on a recorded vote.