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HomeMy WebLinkAboutCouncil - 2018-09-24COUNCIL MINUTES SEPTEMBER 24, 2018 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 S. Davey, the minutes of the regular meeting held August 27, 2018 and special meetings held August 27 & September 10, 2018, as mailed to the Mayor and Councillors, were accepted. Carried unanimously. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor P. Singh declared a pecuniary interest with respect to report DSD -18-125 — 2019 Sidewalk Infill — Fairmount Road Reconstruction, listed as Item 8 on the Committee of the Whole agenda dated this date, as a member of his family owns property in close proximity to the subject lands. 4. COMMUNICATIONS REFERRED TO FILE — a. Flag Requests under Policy MUN-FAC-442: • Childhood Cancer — September 21 — October 1, 2018. 5. PRESENTATIONS — 5. a. Sovereign's Medal for Volunteers Mayor B. Vrbanovic presented the Sovereign's Medal for Volunteers to Husayn Jamal and Tracey Weiler for their sustained and significant volunteer efforts. 5. b. 25th Anniversary of the Opening of City Hall Mayor B. Vrbanovic presented a certificate from Raj Saini, MP, and a letter of congratulations from Bryan Larkin, Chief of Police, Waterloo Region Police Service to the City of Kitchener for the 25th Anniversary of the opening of City Hall. 5. c. Awards of Merit Mayor B. Vrbanovic presented Awards of Merit to Mr. Mike Seiling for completing over 5 years of volunteer services on the Kitchener Housing Inc. Board. Mr. Mark Derro was not in attendance, but was also recognized for his combined 5 years of volunteer service with the City of Kitchener 5. d. Age -friendly Kitchener Action Plan 2018 Progress Report Mr. David Dirks, Chair, Mayor's Advisory Council for Kitchener Seniors, presented the 2018 progress report on the Age -friendly Kitchener Action Plan. Mr. Dirks highlighted three priority areas for future consideration by the City: sidewalk maintenance/snow removal; communication/information; and, reducing isolation for aging citizens. 6. DELEGATIONS — 6. a. True Patriot Love Statues Mayor B. Vrbanovic indicated there would be no delegation regarding the True Patriot Love Statues as listed on the agenda this date. Mayor Vrbanovic noted staff were directed to work in collaboration with Royal Canadian Legion on integrating the request for a True Patriot Love Statue with the planned commemoration for the 100th anniversary of World War I. COUNCIL MINUTES SEPTEMBER 24, 2018 -140- CITY OF KITCHENER Corporate Services Department report CORA 8-013 — Sign Variance — 236 Mill Street Council considered Corporate Services Department report COR -18-013 (D. Saunderson) listed as Item 5 on the Committee of the Whole agenda dated this date. Moved by Councillor B. loannidis Seconded by Councillor J. Gazzola "That the application of GERRY ZISTER (SG 2018-009 — 236 Mill Street) requesting permission to install a ground -supported sign having automatic changing copy located 25.6m from a Residential Zone rather than the required 100m, on Part Lot 4, Plan 366, 236 Mill Street, Kitchener, Ontario, be approved, subject to the following conditions: That the owner shall obtain a sign permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 10:00 p.m. and 6:00 a.m. 3. That Condition 1 shall be completed prior to July 1st, 2019. 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. Unregistered Delegation — Oneida Place Proposed Parking Restrictions Ms. Shelley Liboiron, Ms. Crystal Bonsi and, Ms. Claudio Bonsi were in attendance to speak in opposition to the proposed parking restrictions for Oneida Place as outlined in Development Services Department report DSD -18-074 listed as Item 5 on the Community and Infrastructure Services Committee report dated September 10, 2018. The delegates suggested existing parking regulations are sufficient in maintaining a safe street. Mr. Gunars Ozolins was in attendance to speak in support of the proposed parking restrictions for Oneida Place in order to address difficulties with snow removal by snowploughs; emergency vehicles passing on - street parked cars; and safety concerns relating to a sharp bend on the street. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Marsh "That the Uniform Traffic By-law be amended to prohibit parking on the north/east (even - numbered) side of Oneida Place from a point 58 metres north of Oneida Place to a point 34 metres north thereof, as outlined in Development Services Department report DSD -18-074." Carried. Unregistered Delegation — Development Services Department report DSD -18-125-2019 Sidewalk Infill — Fairmount Road Reconstruction Ms. Kathy Scott, and Messiers John Scott and Robert Schiketantz were in attendance to speak in favour to the proposed 2019 Sidewalk Infill — Fairmount Road Reconstruction as outlined in Development Services Department report DSD -18-125 listed as Item 8 on the Committee of the Whole agenda dated this date. Mr. Ryan Cox was in attendance in opposition to the proposed 2019 sidewalk Infill on Fairmount Road. Mr. Cox noted there are no community services in the neighbourhood to make a sidewalk necessary, and stated more sidewalks would result in more maintenance being required by the residents. A motion was brought forward by Councillor S. Marsh, seconded by Councillor S. Davey, that Fairmount Road be approved for sidewalk infill on one side of the street as per the alternate plan mailed to residents. COUNCIL MINUTES SEPTEMBER 24, 2018 -141- CITY OF KITCHENER Moved by Councillor S. Marsh Seconded by Councillor S. Davey "That Fairmount Road be approved for sidewalk infill on one side of the street as per the alternate plan mailed to residents." Carried unanimously on a recorded vote. Unregistered Delegation — Crossing Guard Implementation — Fisher Hallman and Seabrook Drive Listed as Item 9.a on the Council agenda, Councillor K. Gal loway-Sea lock has given notice that she will introduce this date a motion to consider the implementation of a crossing guard at the Fischer Hallman and Seabrook Drive roundabout. Ms. Christa Huntley, Ms. Jennifer Poortinga and, Ms. Liz Esser were in attendance to speak in favour of Councillor Galloway-Sealock's motion. Councillor Gal loway-Sea lock suggested, and Council agreed, to amend paragraph 8 as follows: "That this crossing guard be reviewed annually at this location or until the Grade 7 and 8 students from Jean Steckle School are not attending Janet Metcalfe School. Councillor Galloway-Sealock suggested, and Council agreed, to add paragraphs 10 and 11 as follows: That staff investigate a flashing beacon with the Region of Waterloo at this location; and further, That staff advocate that the Region of Waterloo reduce the speed limit to 50km/h leading up to the roundabout along Fisher Hallman Road." Councillor Fernandes requested paragraphs 8, 10 and 11 of the motion be voted on separately. Councillor Gal loway-Sea lock requested a recorded vote for paragraphs 8, 10, 11 and the balance of the motion. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. loannidis "Whereas pedestrian safety is one of our greatest concerns for everyone but especially children; and, Whereas the conditions for school / pedestrian crossing at the Fischer Hallman Road and Seabrook Drive roundabout are not ideal; and, Whereas drivers are not seeing pedestrians waiting to cross at the roundabout or expecting the car to stop in front of them; and, Whereas the speed limit is 60 km/h along Fischer Hallman Road and all other roundabout locations near schools are 50 km/h; and, Whereas educating the pedestrians crossing at the roundabout isn't going to educate the drivers using the roundabout; and further, Whereas the Region of Waterloo is not willing to pay for a crossing guard at this location; Therefore Be It Resolved a crossing guard be implemented at the Fischer Hallman Road and Seabrook Drive roundabout effective immediately; and, That this crossing guard be reviewed annually at this location or until the Grade 7 and 8 students from Jean Steckle School are not attending Janet Metcalfe School; and, That the City of Kitchener work with the Region of Waterloo to increase the visibility at the roundabout by trimming the vegetation; and, That staff investigate a flashing beacon with the Region of Waterloo at this location; and further, COUNCIL MINUTES SEPTEMBER 24, 2018 -142- CITY OF KITCHENER That staff advocate that the Region of Waterloo reduce the speed limit to 50km/h leading up to the roundabout along Fisher Hallman Road." Paragraph 8 — Carried Unanimously on a recorded vote. Paragraph 10 — Carried Unanimously on a recorded vote. Paragraph 11 — Carried Unanimously on a recorded vote. Balance of Motion — Carried Unanimously on a recorded vote. 6.b. Official Plan Amendment OP17/004/S/BB and Zone Change Amendment 17/011/S/BB — 270 Spadina Road East, 270 Spadina Kitchener Inc. Mr. Pierre Chauvin was in attendance to speak in support of the approval of an Official Plan Amendment and a Zoning By-law Amendment application to permit an attached six -story addition to the existing multiple dwelling located at 270 Spadina Road East listed as Item 1 on the Planning and Strategic Initiatives Committee report dated September 10, 2018. Mr. Chauvin noted a commitment has been made by the applicant to provide for additional affordable housing in the development. In response to questions, Mr. Justin Readman, General Manager, Development Services, noted the proposed development is not located within one of the PARTS plans and therefore not subject to bonusing provisions. Councillor Marsh requested staff follow-up via email on what tools could be used by the next term of Council to facilitate more affordable housing developments. Moved by Councillor P. Singh Seconded by Councillor B. loannidis "That Official Plan Amendment Application OP17/004/S/BB for 270 Spadina Kitchener Inc., requesting a change in designation from Low Density Multiple Density Residential to Medium Density Multiple Residential to permit a multiple residential development on the parcel of land specified and illustrated on Schedule 'A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -18-014 as Appendix 'A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZC1 7/01 1/S/BB for 270 Spadina Kitchener Inc., requesting a zoning by-law amendment from Residential Seven (R-7) to Residential Eight (R-8) with Special Regulation Provision 738R on the parcel of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated July 17, 2018, attached to Report DSD -18-014 as Appendix 'B' and that in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zone Change Application ZC17/011/S/BB"; and further, That the Urban Design Brief (UDB) attached to Report DSD -18-014 as Appendix 'C', be endorsed, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process. Any minor changes to the Urban Design Brief will be to the satisfaction of the Director of Planning." Carried unanimously. 6.c. Heritage Permit Application HPA-2018-V-018 — 242, 254 and 262 Queen Street South Mr. Tom Haapanen, Ms. Tatjana Sabados, Mr. Allan Hendrickson -Gracie, Ms. Lynn Macaulay, Sandy Dietrich -Bell, were in attendance to speak in favour of Heritage Permit Applications HPA-2018-V-018, HPA-2018-V-019, and HPA-2018-V-020, for 242, 254 and 262 Queen Street South, respectively, listed as Item 1 on the Heritage Kitchener report dated September 4, 2018. The following points were raised by the delegates in favour of the applications: COUNCIL MINUTES SEPTEMBER 24, 2018 -143- CITY OF KITCHENER • The three properties do not demonstrate any historical attributes that should be preserved, noting Queen Street has many other homes and buildings that exemplify heritage features; • The proposed buildings will increase density in the downtown and fit well with the existing development; • The proposed development offers additional attainable rental housing options in the downtown; and, • The homes are vacant and are not adding to the revitalization of the community. Mr. Mario Chilanski, Ms. Cathy Lumb, Mr. Gail Pool, Ms. Margaret Rowell, Ms. Kae Elgie, Ms. Debbie Chapman, Mr. Peter Eglin were in attendance to speak in opposition of the Heritage Permit Application HPA-2018-V-018 to demolish 242, 254 and 262 Queen Street South and asked Council to support the decision of the Heritage Advisory Committee and City Heritage Planning staff. The following issues were raised with respect to preserving these properties: • Integrating new development with existing historical buildings aligns with the City's Strategic Plan; • Preserving the buildings is consistent with the Victoria Park Plan; • Demolition of the buildings creates precedence in the heritage district; and, • Construction and demolition debris add to climate change and environmental concerns. Mr Dan Currie, MHBC, Mr. Pierre Chauvin and Ms. Heather Campbell, agent on behalf of the applicant, Vive Development Kitchener -Waterloo, addressed Council in support of the subject application. Ms. Campbell and Messiers Currie and Chauvin answered questions from Council relating to provisions for affordable housing, and design options to preserve heritage attributes of the existing heritage homes. In accordance with Section 25.4.18 of the City's Procedural By -Law, it was moved by Councillor B. Ioannidis, seconded by Councillor P. Singh, to grant a one-hour extension of the meeting. Carried unanimously. In accordance with Section 25.2.2 ofthe City's Procedural By -Law, itwas moved by Councillor P. Singh, seconded by Councillor S. Marsh, to suspend the rules of procedure to continue the meeting beyond 12:00 a.m.. Carried unanimously. In response to questions, Mr. Chapman identified the development charge exemption could not be extended without amending the Development Charges By -Law which would require a new Development Charges study. Councillor Etherington requested a recorded vote. Moved by Councillor J. Gazzola Seconded by Councillor B. Ioannidis That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-018 to permit the demolition of the building located on the property municipally addressed as 242 Queen Street South be approved, as outlined in Development Services Department report DSD -18-107, subject to the following condition: a. That the owner obtain heritage approval under the Ontario Heritage Act and a Building Permit under the Building Code for a replacement building, prior to the issuance of a demolition permit. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-019 to permit the demolition of building located on the property municipally addressed as 254 Queen Street South be refused, as outlined in Development Services Department report DSD - 18 -107. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2018-V-020 to permit the demolition of the building located on the property municipally addressed as 262 Queen Street South be refused, as outlined in Development Services Department report DSD -18-107. COUNCIL MINUTES SEPTEMBER 24, 2018 -144- CITY OF KITCHENER Paragraph 1 (242 Queen Street South) — Carried unanimously on a recorded vote. Paragraph 2 (254 Queen Street South) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Marsh, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, B. loannidis, F. Etherington. Contra: Councillors D. Schnider, S. Davey and P. Singh. Paragraph 3 (262 Queen Street South) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Marsh, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, B. loannidis, F. Etherington. Contra: Councillors D. Schnider, S. Davey and P. Singh. Heritage Permit Application HPA-2018-V-028 —1094 Doon Village Road Mr Paul Florica, agent on behalf of the applicant, addressed Council in support of Heritage Permit Application HPA-2018-V-028 requesting permission to demolish a single detached dwelling, and HPA- 2018-029 to permit the construction of a new single detached dwelling on the property municipally addressed as 1094 Doon Village Road. Ms. Karen Tilt, Ms. Kim Huxted, Ms. Jean Haalboom, and Messers Bruno Piccinin and Edward Schnurr were in attendance to speak in opposition of the Heritage Permit Application HPA-2018-V-028 to demolish. The following issues were raised with respect to the proposed development: • New development should be complementary to existing homes within the Upper Doon Heritage Conservation District; • There are concerns with the accuracy of the proposed square footage; • The proposed size and scale of the home is not in keeping with existing homes in the neighbourhood; and, • The proper historical research and documentation has not been completed. An amendment was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, requesting the owner of the property arrange for historical research to be conducted and to submit a report to the satisfaction of Heritage Planning staff outlining the historic and associative values of the property for the public record, prior to the issuance of a Heritage Permit for the demolition. Councillor Fernandes' amendment was voted on and was Carried unanimously on a recorded voted. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2018-V-028 be approved to permit the demolition of the existing single detached dwelling and accessory structures located on the property municipally addressed as 1094 Doon Village Road, as outlined in Development Services Department report DSD -18-106, and in accordance with the supporting information submitted with the application and subject to the following condition: a. That the owner provide heritage planning staff the opportunity to enter the property to photograph and document the existing buildings before the issuance of a demolition permit; and, COUNCIL MINUTES SEPTEMBER 24, 2018 -145- CITY OF KITCHENER b. That the owner of the property arrange for historic research to be conducted and to submit a report to the satisfaction of Heritage Planning staff outlining the historic and associative value of the property for the public record, prior to the issuance of a Heritage Permit for the demolition. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-029 be refused to permit the construction of a new single detached dwelling on the property municipally addressed as 1094 Doon Village Road, as outlined in Development Services Department report DSD -18-106, and in accordance with the supporting information submitted with the application and subject to the following conditions: a. That a landscape plan and building site plan be reviewed and heritage clearance be provided by heritage planning staff prior to issuance of the Heritage Permit; and, b. That the final Building Permit drawings be reviewed and heritage clearance be provided by heritage planning staff prior to issuance of a Building Permit." Carried Unanimously. 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — September 10, 2018 Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Marsh "That the balance of the Community and Infrastructure Services Committee report dated September 10, 2018 be adopted." Carried. 7. REPORTS OF COMMITTEES — PLANNING AND STRATETGIC INITIATIVES COMMITTEE — September 10, 2018 Dealt with under Delegations. 7. REPORTS OF COMMITTEES — HERITAGE KITCHENER — September 4, 2018 Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That the balance of the Heritage Kitchener report dated September 4, 2018 be adopted." Carried. 8. UNFINISHED BUSINESS - NIL 9. NEW BUSINESS 9. a. Dealt with as Unregistered Delegation — Crossing Guard Implementation — Fisher Hallman and Seabrook Drive under Delegations and Carried on a recorded vote. 9. b. Regional Council Update — NIL 10. QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Council agreed to the request of Ms. Christine Tarling, City Clerk, to add 2 additional by-laws for three readings this date being an official plan amendment and a zoning amending by-law respecting Clause 1 of the Planning & Infrastructure Services Committee report. COUNCIL MINUTES SEPTEMBER 24, 2018 -146- CITY OF KITCHENER Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By-law No. 2008-117, being a by-law to authorize certain on - street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. C.. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. e. Being a by-law to provide for the widening of part of Watermill Street as a public highway in the City of Kitchener. f. To confirm all actions and proceedings of the Council. g. Being a by-law to adopt Amendment No. 112 to the Official Plan — 270 Spadina Kitchener Inc. — 270 Spadina Road East. h. Being a by-law to amend By-law 85-12, as amended, known as the Zoning By-law for the City of Kitchener — 270 Spadina Kitchener Inc. — 270 Spadina Road East. Carried Unanimously. 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 S. Davey as Chair. 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. Tenders It was resolved: "That Tender T18-127 Trans -Canada Trail — Courtland Avenue Underpass Improvements Construction, be awarded to 5 Star Paving (Cambridge) Inc., Cambridge, Ontario, at their tendered price of $365,156.50, including provisional items and contingencies of $55,000., plus H.S.T. of $47,470.35, for a total of $412,626.85." - and - "That Tender T18-104 Breithaupt Park— Electrical Servicing and Conduit, be awarded to Fairway Electrical Services Inc., Ancaster, Ontario, at their tendered price of $232,237., including an allowance of $30,000., plus H.S.T. of $30,190.81., for a total of $262,427.81." - and - COUNCIL MINUTES SEPTEMBER 24, 2018 -147- CITY OF KITCHENER That Proposal P18-129 Professional Services Integrated City -Wide Storm Sewer/Overland Flood Model, be awarded to Aquafor Beech Ltd., Guelph, Ontario, at their proposed price of $719,998., including contingency of $50,000, plus H.S.T. of $93,599.74, for a total of $813,597.74, based on a satisfactory contract being negotiated. - and - That Proposal P18-144 Kitchener Fire Hall #1 Dispatch Console Furniture, be awarded to Bramic Creative Business Products Ltd., Pickering, Ontario, at their proposed fee of $136,737.80, plus optional items of $25,442., plus H.S.T. of $21,083.37, for a total of $183,263.17. - and - That Tender T18-142 Domestic Natural Gas Meter and Regulator Retrofit Service, be awarded to Lakeside Performance Gas Services, Kitchener, Ontario, at their tendered price of $1,265,180., plus H.S.T. of $164,473.40, for a total of $1,429,653.40, for a three (3) year term, with an option to renew for two (2) additional twelve (12) month terms. - and - That Tender T18-147 Pure Storage Flash Array Additional High Performance Storage, be awarded to Sigmatix Solutions Inc., Markham, Ontario, at their tendered price of $116,217., plus H.S.T. of $15,108.21, for a total of $131,325.21. - and - That Tender T18-153 One (1) Tandem Axle Cab and Chassis with a 174 inch Front Plow and High Levelling Wing, be awarded to TEAM Truck Centres, London, Ontario, at their tendered price of $289,800., plus H.S.T. of $37,674., for a total of $327,474. Carried. 2. FIN -18-030 — Applications for Cancellation, Refund, Reduction of Taxes — September 24th Hearing It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totalling $321,296.39 as attached to Finance and Corporate Services Department report FIN -18- 030, be approved, pursuant to Section 357 of the Municipal Act." 3. INS -18-032 — Natural Gas Rates It was resolved: "That the Ontario Cap and Trade component of 3.8719 cents per cubic meter of the natural gas delivery rate be removed from all delivery customers of Kitchener Utilities effective October 1, 2018." 4. COR -18-012 — Nominating Committee — Reappointments for 2018-2020 Term It was resolved: "That Clause 2 [eligibility requirement to either reside, work or own property in the City of Kitchener] of Policy 1-63 (Appointment to Boards and Committees) be suspended only for appointment to the Nominating Committee; and further, That representatives or their designates from the Kitchener Waterloo Community Foundation, Kitchener -Waterloo Multicultural Centre, the United Way Waterloo Region Communities, Capacity Canada, and the Greater Kitchener Waterloo Chamber of Commerce as outlined in COR -18-012, be re -appointed to the Nominating Committee for a two-year term from October 2018 to October 2020." COUNCIL MINUTES SEPTEMBER 24, 2018 -148- CITY OF KITCHENER 5. COR -18-013 — Sign Variance — 236 Mill Street Dealt with under Delegations. 6. COR -18-014 — 2019 Council and Standing Committee Schedule It was resolved: "That the 2019 Meeting Schedule attached to report COR -18-014, as amended, be approved as the 2019 schedule of Council and Standing Committee meetings." 7. COR -18-011 — Appointments to Municipal Election Compliance Audit Committee For information only. 8. DSD -18-125 — 2019 Sidewalk Infill — Fairmount Road Reconstruction Dealt with under Delegations. 9. Land Acquisition/Disposition / Solicitor -Client Privilege (Strasburg Road) It was resolved: "That the Mayor and Clerk be authorized to execute an agreement of Purchase and Sale for a Land exchange between the City of Kitchener and the property owner under which the City shall exchange a parcel of land consisting of approximately 1.83 acres for a parcel of land consisting of approximately 1.19 acres to facilitate the construction of Strasburg Road." 13. REPORT OF THE COMMITTEE OF THE WHOLE — On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor S. Davey Seconded by Councillor B. loannidis "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 Y. Fernandes Seconded by Councillor B. loannidis "That the by-laws be given third reading, namely: 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. 2018-097) 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. 2018-098) C.. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2018-099) COUNCIL MINUTES SEPTEMBER 24, 2018 -149- CITY OF KITCHENER 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. 2018-100) e. Being a by-law to provide for the widening of part of Watermill Street as a public highway in the City of Kitchener. (By-law No. 2018-101) f. To confirm all actions and proceedings of the Council. (By-law No. 2018-102) g. Being a by-law to adopt Amendment No. 112 to the Official Plan — 270 Spadina Kitchener Inc. — 270 Spadina Road East. (By-law No. 2018-103) h. Being a by-law to amend By-law 85-12, as amended, known as the Zoning By-law for the City of Kitchener — 270 Spadina Kitchener Inc. — 270 Spadina Road East. (By-law No 2018-104) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried Unanimously. On motion, the meeting adjourned at 1:45 a.m. AYOR ER K 3 COUNCIL MINUTES SEPTEMBER 24, 2018 -150- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — SEPTEMBER 10, 2018 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bingemans for their Flavours of Our World festival being held on October 12, 2018 from 6:00 p.m. to 11:00 p.m., October 13, 2018 from 3:00 p.m. to 11:00 p.m. and October 14, 2018 from 3:00 p.m. to 9:00 p.m., as outlined in Community Services Department report CSD -18-099; and further, That the exemption to Chapter 450 (Noise) is subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from the music events, audible in any adjacent residential neighbourhood. The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event(s); b) The event organizer will be responsible for the cost of a pay -duty Noise Officer, to be assigned specifically to these event(s); c) The event organizers agree to respond accordingly to requests from City staff, during the event(s), in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas; and d) The maximum decibel level (dba) audible from a residential area shall not exceed 55 dba. That the Kitchener Growth Management Strategy 2018 Annual Monitoring Report be received and submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region regarding delegated approval authority, as outlined in Development Services Department report DSD -18-077. That the Uniform Traffic By-law be amended to reinstate on -street parking on the north (even - numbered) side of Breithaupt Street from Waterloo Street to a point 50 metres east thereof for a maximum period of two (2) consecutive hours, as outlined in Development Services Department report DSD -18-103. That the Mayor and Clerk be authorized to sign an agreement, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Waterloo to obtain funding for the Waterloo Region Small Business Centre services and programs for an initial two-year period with the Region having an option to renew annually thereafter on mutually agreeable terms; and further, That the Executive Director, Economic Development, Development Services Department, City of Kitchener, be authorized to sign renewal agreements, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Waterloo to continue obtaining funding for the Waterloo Region Small Business Centre, as outlined in Development Services Department report DSD -18-108. That the Uniform Traffic By-law be amended to prohibit parking on the north/east (even - numbered) side of Oneida Place from a point 58 metres north of Oneida Place to a point 34 metres north thereof, as outlined in Development Services Department report DSD -18-074. (Dealt with under Delegations) PLANNING AND STRATEGIC INITIATIVES COMMITTEE — SEPTEMBER 10, 2018 That Official Plan Amendment Application OP17/004/S/BB for 270 Spadina Kitchener Inc., requesting a change in designation from Low Density Multiple Density Residential to Medium Density Multiple Residential to permit a multiple residential development on the parcel of land specified and illustrated on Schedule 'A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -18-014 as Appendix 'A', and accordingly forwarded to the Region of Waterloo for approval; and, COUNCIL MINUTES SEPTEMBER 24, 2018 -151- CITY OF KITCHENER PLANNING AND STRATEGIC INITIATIVES COMMITTEE — SEPTEMBER 10, 2018 (CONT'D) That Zoning By-law Amendment Application ZC1 7/01 1/S/BB for 270 Spadina Kitchener Inc., requesting a zoning by-law amendment from Residential Seven (R-7) to Residential Eight (R-8) with Special Regulation Provision 738R on the parcel of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated July 17, 2018, attached to Report DSD -18-014 as Appendix 'B' and that in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zone Change Application ZC17/011/S/BB"; and further, That the Urban Design Brief (UDB) attached to Report DSD -18-014 as Appendix 'C', be endorsed, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process. Any minor changes to the Urban Design Brief will be to the satisfaction of the Director of Planning. (Dealt with under Delegations) HERITAGE COMMITTEE — SEPTEMBER 4, 2018 That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-018 to permit the demolition of the building located on the property municipally addressed as 242 Queen Street South be approved, as outlined in Development Services Department report DSD -18-107, subject to the following condition: b. That the owner obtain heritage approval under the Ontario Heritage Act and a Building Permit under the Building Code for a replacement building, prior to the issuance of a demolition permit. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-019 to permit the demolition of building located on the property municipally addressed as 254 Queen Street South be refused, as outlined in Development Services Department report DSD - 18 -107. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-020 to permit the demolition of the building located on the property municipally addressed as 262 Queen Street South be refused, as outlined in Development Services Department report DSD -18-107. (Dealt with under Delegations and Carried on a recorded vote) That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-024 be approved to permit the demolition of the breezeway and attached garage, the construction of an addition and alterations to the existing single detached dwelling at the property municipally addressed as 1380 Doon Village Road, as outlined in Development Services Department report DSD -18-076, and in accordance with the plans and supplementary information submitted with the application and subject to the following conditions: a. That a sample of all proposed building materials and colours be submitted for approval by Heritage Planning staff prior to the issuance of a building permit; and, b. That the front porch design details be submitted for approval by Heritage Planning staff prior to the issuance of a building permit; and further, c. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-028 be approved to permit the demolition of the existing single detached dwelling and accessory structures located on the property municipally addressed as 1094 Doon Village Road, as outlined in Development Services Department report DSD -18-106, and in accordance with the supporting information submitted with the application and subject to the following condition: COUNCIL MINUTES SEPTEMBER 24, 2018 -152- CITY OF KITCHENER HERITAGE COMMITTEE — SEPTEMBER 4, 2018 (CONT'D) a. That the owner provide heritage planning staff the opportunity to enter the property to photograph and document the existing buildings before the issuance of a demolition permit; and, b. That the owner of the property arrange for historic research to be conducted and to submit a report to the satisfaction of Heritage Planning staff outlining the historic and associative value of the property for the public record, prior to the issuance of a Heritage Permit for the demolition. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2018- V-029 be refused to permit the construction of a new single detached dwelling on the property municipally addressed as 1094 Doon Village Road, as outlined in Development Services Department report DSD -18-106, and in accordance with the supporting information submitted with the application and subject to the following conditions: a. That a landscape plan and building site plan be reviewed and heritage clearance be provided by heritage planning staff prior to issuance of the Heritage Permit; and, b. That the final Building Permit drawings be reviewed and heritage clearance be provided by heritage planning staff prior to issuance of a Building Permit. (Dealt with under Delegations and Carried, as amended, on a recorded vote)