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HomeMy WebLinkAboutCouncil Minutes - 2019-04-01COUNCIL MINUTES APRIL 1, 2019 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 B. loannidis, the minutes of the regular meeting held March 4, 2019 and special meetings held March 4 & 18, 2019, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — NIL 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. Kitchener Power Corporation Councillor B. loannidis gave notice that he would introduce a motion for consideration this date to receive the 2018 audited financial statements for Kitchener Power Corporation and to appoint auditors for the ensuing fiscal year. Mr. J. Van Ooteghem, President & CEO and Mr. J. Phillips, Board Chair, Kitchener -Wilmot Hydro, were in attendance to present the 2018 Annual Report as well as in support of the appointment of KPMG LLP as auditors for the ensuing fiscal year, listed as Item 9.a. under New Business. Mr. Phillips presented the 2018 dividend cheque in the amount of $3,721,400 to Mr. Jonathan Lautenbach, Chief Financial Officer, as well as a cheque for $45,000 for Reforestation which is to assist with replenishing trees removed as a result of maintenance of its hydro lines. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "WHEREAS the Kitchener Power Corporation Shareholders' Agreement requires the annual circulation of audited financial statements and the appointment of auditors for the ensuing fiscal year; THEREFORE BE IT RESOLVED that the audited financial statements of Kitchener Power Corporation for the year ended December 31, 2018 as audited by KPMG, LLP, as presented, be hereby received; and, BE IT FINALLY RESOLVED that KPMG LLP, be hereby appointed Auditors of Kitchener Power Corporation for the ensuing fiscal year and Directors are authorized to set their remuneration." Carried. 5.b. Ontario Autism Program Mayor B. Vrbanovic has given notice that he will introduce a motion for consideration this date requesting the Minister of Children, Community and Social Services suspend implementation of its planned changes (including enhancements) to the Ontario Autism Program pending meaningful consultation. Mr. Mark Dineen and Ms. Truc Mach -Stevenson were in attendance to speak in support of the motion listed as Item 9.d under New Business. An amendment was brought forward by Councillor S. Marsh, seconded by Councillor B. loannidis, to include the amend paragraph 9 to include the words "and adults" after "...to ensure that autistic children... ". The amendment was then voted on and was carried. COUNCIL MINUTES APRIL 1, 2019 -55- CITY OF KITCHENER Moved by Councillor S. Marsh Seconded by Councillor B. loannidis "WHEREAS, Autism Spectrum Disorder (ASD) is now recognized as the most common neurological disorder affecting 1 in every 66 children (over 100,000 Ontarians), as well as their friends, family and community; and, WHEREAS, representatives of the local autism community have been raising awareness of the impacts of the province's changes to autism funding in Waterloo region including seeking support of community partners; and, WHEREAS, the Province of Ontario has announced it is altering the intervention funding model for children with ASD which will disregard need, and consider only a child's age and family income; and, WHEREAS, as ASD affects all people differently, their sensory, behavioural and educational needs must be individually addressed by qualified clinicians in order to facilitate better long- term outcomes; and, WHEREAS, the new funding model will be insufficient to provide minimal clinically indicated intensity, leaving families requiring IBI with an untenable budget shortfall; and, WHEREAS, the province announced 'enhancements' to the new Ontario Autism Program that will extend services for up to six more months only for children currently in service, leaving up to 23,000 Ontario children with insufficient funding for appropriate clinical intervention; and, WHEREAS, program enhancements have not arrested the layoffs and voluntary departures from the field of dozens of therapists in Waterloo Region and hundreds throughout the province; and, WHEREAS, considerable concern has been expressed about these changes by a broad range of stakeholders including Autism Ontario, physicians, psychologists, behaviourists, educators and parents; BE IT RESOLVED that the Council of the Corporation of the City of Kitchener requests that the Minister of Children, Community and Social Services suspend implementation of its planned changes (including enhancements) to the Ontario Autism Program pending meaningful consultation with a broad range of qualified stakeholders and inclusion of necessary revisions to the program to ensure that autistic children and adults receive the support they need to thrive within their communities, and that a copy of this resolution be forwarded to Premier Ford, Minister MacLeod, the Association of Municipalities Ontario and all municipalities in Waterloo region." Carried. 6. DELEGATIONS 6.a. Corporate Services Department report COR -19-018 — Sign Variance — 1275 Bleams Road Council considered Corporate Services Department report COR -19-08 (D. Saunderson) listed as Item B.2. on the Committee of the Whole agenda dated this date. Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock "That the application of FIRST CHRISTIAN REFORMED CHURCH OF KITCHENER (SG 2019- 005 - 1275 Bleams Road) requesting permission to replace an existing sign with a ground - supported sign having automatic changing copy that is 38% of the sign area rather than the maximum permitted 30%; and, to be located 34m from a residential zone rather than the required 100m, on Part Lot 3, Plan 1471, 1275 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COUNCIL MINUTES APRIL 1, 2019 -56- CITY OF KITCHENER That the owner shall obtain a sign permit from the Planning Division 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. That the above noted Condition 1 shall be completed prior to October 1, 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. 6.b. Local Planning Appeal Support Centre Councillor D. Chapman has given notice that she will introduce a motion this date encouraging the Ontario Ministry of Municipal Affairs and Housing to continue supporting and operating the Local Planning Appeal Support Centres (LPASC). Mr. Myron Steinman and Mr. Hal Jaeger, were in attendance to speak in support of the motion listed as Item 9.b. under New Business. Moved by Councillor D. Chapman Seconded by Councillor S. Marsh "WHEREAS the Ontario Municipal Board (OMB) was replaced by the Local Planning Appeal Tribunal (LPAT) in April, 2018, which is an independent, administrative tribunal responsible for hearing appeals on a variety of Planning Act applications; and, WHEREAS the Ministry of Municipal Affairs and Housing established the Local Planning Appeal Support Centre (LPASC) to provide support to the public on how to navigate the appeal process under the Planning Act; and, WHEREAS the LPASC also provides legal and planning advice to residents who would not otherwise be able to afford, or have the expertise, to appeal Planning Act decisions; and, WHEREAS the LPASC has stopped accepting new requests and is scheduled to close on June 30,2019 -,and, WHEREAS public participation in local decision-making is fundamental to democracy as it builds a sense of community and pride; BE IT RESOLVED that the City of Kitchener encourage the Ministry of Municipal Affairs and Housing to continue supporting and operating the Local Planning Appeal Support Centre; and further, THAT IT FINALLY BE RESOLVED that a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, to the local MP's and MPP's, to the Federation of Canadian Municipalities, to the Association of Municipalities of Ontario, and to the Region of Waterloo and local area municipalities." Carried unanimously on a recorded vote. 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE —MARCH 18, 2019 Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That Clauses 1-11 of the report of the Community and Infrastructure Services Committee, dated March 18, 2019, be adopted." COUNCIL MINUTES APRIL 1, 2019 -57- CITY OF KITCHENER An amendment to Clause 2 was brought forward by Councillor S. Marsh, seconded by Councillor P. Singh, directing staff to provide short-term funding increase options to the Tier 2 budget in time for the 2020 budget discussions. Councillor K. Galloway-Sealock suggested and it was agreed to amend Clause 11 by adding two addition paragraphs, as follows: "That Section 3 — Future leisure facilities and initiatives, recommendation 11 be amended to replace the existing clause with the following: " That by the end of 2020, the City analyze current ice demands within the community to identify short-term opportunities for improved user access; and, That the City conduct a detailed business case, which will be completed by September 2022, regarding the construction of a new arena in the southwest portion of the city, that includes a comprehensive ice demand study and a possible decommissioning strategy for an existing agenda, and makes a recommendation on the appropriate timing and detailed costing of the new arena." Councillor J. Gazzola requested each paragraph of Clause 11 of the Community and Infrastructure Services Committee report be voted on separately. Clause 2 (Councillor S. Marsh amendment) — Carried. Clause 2, as amended — Carried. Clause 11 (Paragraphs 1 and 2) — Carried unanimously on a recorded vote. Clause 11 (Paragraph 3) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock and C. Michaud. Contra: Councillor J. Gazzola. Clause 11 (Paragraphs 4 and 5 as introduced by Councillor K. Galloway-Sealock) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock and C. Michaud. Contra: Councillor J. Gazzola. Balance of Report — Carried 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE — MARCH 18, 2019 Moved by Councillor S. Marsh Seconded by Councillor D. Chapman COUNCIL MINUTES APRIL 1, 2019 _58- CITY OF KITCHENER "That the Planning and Strategic Initiatives Committee report, dated March 18, 2019, be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS 9.a. Kitchener Power Corporation Dealt with under Presentations. 9.b. Local Planning Appeal Support Centre Dealt with under Delegations. 9.c. Regional Government Review Consultation Dealt with under Committee of the Whole. 9.d. Ontario Autism Program Dealt with under Presentations. 9.e. Regional Council Update — Mayor B. Vrbanovic The Mayor advised Regional Council will be considering a list of potential safe consumption site locations, which may include locations within the City of Kitchener. He indicated any site located within the City would have to be approved by City Council. Council was informed the Region will be hosting a public meeting on April 17th at 7 p.m. in the Regional Council Chambers to receive input on the provincial government's review of regional government. It was noted the Province will also be holding a public meeting on April 24th from 9 a.m. to 4 p.m. in the Regional Council Chambers for public input on the matter. The Mayor advised Council that regional staff continue to work on negotiations for land acquisition related to the Traynor -Vanier Light Rail Transit (LRT) pedestrian crossover. 10. QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Moved by Councillor M. Johnston Seconded by Councillor C. Michaud That leave be given the Mover and Seconder to introduce the following by-laws, namely: 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. (Amends By-law 88-171 to add or delete areas of jurisdiction) 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. (Amends By-law 2008-117 to add or delete areas of jurisdiction) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (Amends By-law 2010-190 to add or delete areas of jurisdiction) COUNCIL MINUTES APRIL 1, 2019 -59- CITY OF KITCHENER Being a by-law to amend By-law 2017-052 to extend the time period for exemption from Part Lot Control — Block 1 to 7 inclusive, Registered Plan 58M-368 — Bridgemill Crescent and Bridgemill Court. (This is an extension of the time period set out in By-law 2017-052 for a further two year period). e. Being a by-law to provide for the stablishing and laying out of part of Forest Creek Drive and Hollybrook Trail as public highways in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision 30T-04208 agreement) To confirm all actions and proceedings of the Council. 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. 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." waI]kyillki11.11Mil ILY/:I:7:11li13&1 Tenders It was resolved: "That Tender T19-013 Sandra Avenue (Belmont Avenue West to Patricia Avenue), Third Avenue (Connaught Street to Kingsway Drive) and Connaught Street (Second Avenue to Third Avenue) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $3,372,798.49, including contingencies of $255,000., plus H.S.T. of $438,463.80, for a total of $3,811,262.29." - and - "That Tender T19-040 Earl Street and Rock Avenue (Union Boulevard to Glasgow Street and Earl Street to Belmont Avenue West) Road Reconstruction, be awarded to Sierra Infrastructure Inc., Woodstock, Ontario, attheirtendered price of$2,405,247.33, including provisional items and contingencies of $220,225., plus H.S.T. of $312,682.15, for a total of $2,717,929.48." - and - "That Tender T19-032 Charles and Benton Street Parking Garage, Level P6 Repairs, be awarded to Heritage Restoration Inc., Stouffville, Ontario, at their tendered price of $524,891., including an allowance of $10,000., plus H.S.T. of $68,235.83, for a total of $593,126.83." - and - "That Tender T19-048 Natural Gas and Electric Residential Water Heaters, be awarded as follows: Tender items 1, 2, 3, 4, 5, 6, 7, 8, 12, 15, 16 and 20 to Usines GIANT Factories Inc., Montreal, Quebec, at their tendered unit prices for $2,501,004., plus H.S.T. of $325,130.52, for a total of $2,826,134.52; and, Tender items 9, 10, 11, 13, 14, 17, 18 and 19 to A.O. Smith Enterprises Ltd., Fergus, Ontario, at their tendered unit prices for $524,149., plus H.S.T. of $68,139.37, for a total COUNCIL MINUTES APRIL 1, 2019 -60- CITY OF KITCHENER of $592,288.37, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." BETTME "That Tender T19-046 Dalewood Drive (75 Dalewood Drive to Rosewood Drive) and Queen's Boulevard (Kelly Drive to Warren Road) Infrastructure Replacement, be awarded to 410754 Ontario Limited o/a Sousa Concrete, Cambridge, Ontario, at their tendered price of $1,278,829.31 including contingencies of $70,000., plus H.S.T. of $166,247.81, for a total of $1,445,077.12." 2. COR -19-018 — Sign Variances — Balance —1514 Huron Road; 540 Bingemans Centre Drive It was resolved: That the application of HURON CROSSING DEVELOPMENTS INC. (SG 2019-006 - 1415 Huron Road) requesting permission to install a ground -supported sign having automatic changing copy located 30m from a residential zone rather than the required 100m; having automatic changing copy that is 50% of the sign face rather than the permitted maximum 30%; and, to have third party advertising on the sign whereas the By-law does not permit third party advertising, on Part Lot 153, German Company Tract, 1415 Huron Road, 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 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 third -party advertising shall be restricted to tenants of 1415 Huron Road and the property directly to the north (corner of West Oak Trail and Fischer Hallman Road). 4. That the above noted Condition 1 shall be completed prior to December 1, 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. - and - That the application of VESTERRA 540 BINGEMANS INC. (SG 2019-007 - 540 Bingemans Centre Drive) requesting permission to install a ground -supported sign located 30m from another ground -supported sign on the subject property rather than the required 50m; and, located 28m from another ground -supported sign on the subject property rather than the required 50m distance separation, on Level 1, Unit 1 and Common Elements, Waterloo Condo Plan 535, 540 Bingemans Centre Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain sign permits from the Planning Division. That the above noted Condition 1 shall be completed prior to October 1, 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." 1275 Bleams Road Dealt with under Delegations COUNCIL MINUTES APRIL 1, 2019 - 61 - CITY OF KITCHENER 3. DSD -19-067 — 55 Bramm Street — Long Term Parking Agreement and Land Lease (295 Joseph Street) It was resolved: "That the Mayor and Clerk be authorized to execute a 3 year land lease with a 1 year renewal option on a portion of the property municipally known as 55 Bramm St; and a 3 year Parking Agreement with a 1 year renewal option at the 55 Bramm St parking facility with 2184647 Ontario Limited & Breithaupt Block Inc, on the terms outlined in Staff Report DSD -19-067, and satisfactory to the City Solicitor." 4. COR -19-020 — Appointments to Various Sector -Specific Vacancies on Advisory Committees An amendment was brought forward by Councillor J. Gazzola to appoint Mr. Z. Jenecki to the Heritage Kitchener Advisory Committee. Councillor Gazzola's amendment was then voted on and was LOST. It was resolved: "That Lillian Stojanski be appointed as the Major Retail (outside the downtown) representative for the Economic Development Advisory Committee for the term ending November 30, 2020; and, That John Lintzeris be appointed as the Financial/Banking representative for the Economic Development Advisory Committee for the term ending November 30, 2020; and, That David Gundrum be appointed as a Member -at -Large to Heritage Kitchener for the term ending November 30, 2020; and, That Laura Lee Roberts be appointed as the Ward 9 representative for the Safe and Healthy Advisory Committee for the term ending November 30, 2020; and further, That Gratiana Achim be appointed as the Social Planning representative for the Safe and Healthy Advisory Committee for the term ending November 30, 2020." 5. Regional Government Review Consultation Mayor B. Vrbanovic has given notice that he will introduce this date a motion to direct staff to commission a statistically representative survey of Kitchener residents regarding the province's review of regional governments. It was resolved: "That staff be directed to commission a statistically representative survey of Kitchener residents that will augment provincial and regional efforts to engage the community in the province's review of regional governments; and that the results of that survey be shared with the public, the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Province's Special Advisors on Regional Reform, all regional MPPs and all local heads of Council." 6. COR -19-019 — 2018 Election Debrief It was resolved: "That consideration of Corporate Services department report COR -19-019, dated March 22, 2019 be referred to a future Finance and Corporate Services Committee meeting for public input on the 2018 municipal election." C. FOR INFORMATION 6. COR -19-019 — 2018 Election Debrief COUNCIL MINUTES APRIL 1, 2019 -62- CITY OF KITCHENER Mayor B. Vrbanovic requested this item be considered under Administrative Reports for further discussion. 7. FIN -19-026 — Summary of Tenders Approved by the Chief Administrative Officer — Road Reconstruction with Council Approved Sidewalk Infill Financial Services department report FIN -19-026 (M. Fisher), dated March 15, 2019 was received as information. 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 B. loannidis Seconded by Councillor M. Johnston "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 M. Johnston Seconded by Councillor C. Michaud "That the by-laws be given third reading, namely: 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. (By-law No. 2019-033) 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. (By-law No. 2019-034) 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. 2019-035) d. Being a by-law to amend By-law 2017-052 to extend the time period for exemption from Part Lot Control — Block 1 to 7 inclusive, Registered Plan 58M-368 — Bridgemill Crescent and Bridgemill Court. (By-law No. 2019-036) e. Being a by-law to provide for the stablishing and laying out of part of Forest Creek Drive and Hollybrook Trail as public highways in the City of Kitchener. f. To confirm all actions and proceedings of the Council. (By-law No. 2019-037) (By-law No. 2019-038) be taken as read a third time, be finally passed and numbered serially by the Clerk." APRIL 1, 2019 COUNCIL MINUTES - 63 - On motion, the meeting adjourned at 9:17 p.m. CITY OF KITCHENER L MAYOR CLERK Carried. COUNCIL MINUTES APRIL 1, 2019 -64- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MARCH 18, 2019 1. That 220 King Street West be used for community programming, pop-up retail opportunities and temporary art installations from March 2019 through May 2020, as outlined in Development Services Department report DSD -19-045; and further, That staff report back to Council on a long-term use for 220 King Street West before May 2020. 2. That 2019 Community Grants Tier 2 in the amount of $173,081 be approved, as outlined in Appendix 'A' attached to Community Services Department report CSD -19-003; and, That the following organizations be approved to move to the Tier 1 grant process for the 2020 grant cycle: a) Community Music School of Waterloo Region b) Royal Medieval Faire c) Summer Lights Festival; and further, That the outstanding balance of $122 remain in the account and be posted as a positive variance at the end of the year and then transferred into the tax stabilization reserve; and further, That staff be directed to provide short-term funding increase options in time for the 2020 budget discussions. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the Waterloo Wellington Local Health Integration Network for the Multi - Sector Service Accountability Agreement; and further, That the Deputy CAO & GM of Community Services be authorized to execute the necessary documentation relating to compliance, reporting and operational matters required by the Multi - Sector Accountability Agreement between The Corporation of the City of Kitchener and the Waterloo Wellington Local Health Integration Network, as outlined in Community Services Department report CSD -19-004. That pursuant to its Animal and Dog Control And Pound Services Agreement dated January 1, 2018 with the Animal Welfare Agency South Central Ontario operating as the Kitchener -Waterloo Humane Society now called The Humane Society of Kitchener -Waterloo & Stratford Perth (the "Humane Society"), the City consents to the Humane Society subcontracting dog licensing services or any portion thereof provided the subcontractor executes an agreement satisfactory to the City Solicitor to ensure that City data and personal information is adequately protected, no additional costs are incurred by the City, and the allocation of dog licensing revenue pursuant to the Agreement is not changed; and further, That the Deputy CAO & GM of Community Services be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with any subcontractor used by The Humane Society for dog licensing services and to which the Humane Society may also be a party to ensure adequate protection of City data and personal information, as outlined in Community Services Department report CSD -19-005. That the traffic calming measures (two (2) speed cushions, two (2) intersection narrowings, one (1) pedestrian refuge island and one (1) intersection improvement) located on Doon South Drive between Homer Watson Boulevard and Robert Ferrie Drive remain in place on a permanent basis, as outlined in Development Services Department report DSD -19-046. That the commissioning and installation of art work by the City's 2017 Artist -in -Residence, Julie Sperling, as outlined in Development Services Department report DSD -19-042, be approved; and further, That the Mayor and Clerk be authorized, subject to the satisfaction of the City Solicitor, to execute the Artist -in -Residence 2017 Commission Agreement with Julie Sperling. COUNCIL MINUTES APRIL 1, 2019 -65- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MARCH 18, 2019 (CONT'D) That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Ever After Music Festival, to be held at Bingemans Center on June 6, 7, 8, and 9th, 2019, between the hours of 6:00 p.m. and 11:00 p.m. on the Thursday evening, 1:00 p.m. and 11:00 p.m. on the Friday evening, 1:00 p.m. and 11:00 p.m. on the Saturday evening, and 1:00 p.m. and 9:00 p.m. on the Sunday evening, as outlined in Community Services Department report CSD -19-006; and further, That the exemption 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 this music festival, 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. b) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas. c) The maximum decibel level (dBA) audible from a residential area shall not exceed 55 dBA. d) The event organizer will be responsible for the cost of a paid -duty Noise Officer, to be assigned specifically to this event which shall be paid in full prior to the event. That the attached policy FIN -GRA -2014 Water Leak Adjustment be approved, as outlined in Financial Services Department report FIN -19-012. That the report summarizing the 'FCM/GMF Feasibility Study: Municipal Tools for Catalyzing Net -Zero Energy Development' be received for information and shared with interested stakeholders, as outlined in Development Services Department report DSD -19-047; and, That the results of the 'FCM/GMF Feasibility Study: Municipal Tools for Catalyzing Net -Zero Energy Development' be used to conduct specific business cases, establish targets and engage with landowners for one or more pilot projects for: • Areas undergoing significant redevelopment, such as the King/Victoria area • The planning of new communities or neighbourhoods • Other City -owned land that may be deemed surplus and available for development; and further, That, through continuous improvement, the City refine its development review process to allow for ease of implementation of net -zero energy development. 10. That the Conditions of Service — City of Kitchener Natural Gas Distribution System document, be endorsed in principle, as outlined in Infrastructure Services Department report INS -19-005. 11. That the 2019 Leisure Facilities Master Plan (LFMP) attached as Appendix 'A' as amended, to Community Services Department report CSD -19-007 be received; and, That consideration of the recommendations be referred to future departmental business planning and budget processes; and, That the following list of indoor and outdoor leisure facilities that have been prioritized for development charge (DC) funding be approved and referred to the 2019 Development Charge Study and by-law update for consideration of specific funding allocations and timing: COUNCIL MINUTES APRIL 1, 2019 -66- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MARCH 18, 2019 (CONT'D) M indoor Recreation Facilities Outdoor ReTFffW1RWFW1ERRffW� Huron-Brigadoon community centre (CSD -18-089) 1. Indoor pool (RBJ Schlegel Park) 1. Trails 2. Indoor turf (RBJ Schlegel Park) 2. Sport fields (RBJ Schlegel Park) 3. Mill -Courtland community centre expansion 3. Neighbourhood parks and playgrounds 4. Rosenberg community centre 4. Sport fields (general) 5. Forest Heights community centre expansion 5. City wide parks (Victoria Park, McLennan Park, Huron Natural Area, Kiwanis Park) That Section 3 — Future leisure facilities and initiatives, recommendation 11 be amended to replace the existing clause with the following: That by the end of 2020, the City analyze current ice demands within the community to identify short-term opportunities for improved user access; and, That the City conduct a detailed business case, which will be completed by September 2022, regarding the construction of a new arena in the southwest portion of the city, that includes a comprehensive ice demand study and a possible decommissioning strategy for an existing agenda, and makes a recommendation on the appropriate timing and detailed costing of the new arena." PLANNING AND STRATEGIC INITIATIVES COMMITTEE — MARCH 18, 2019 1. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, hereby grants draft approval to Condominium Application 30CDM-18207 for 280 Tall Grass Crescent in the City of Kitchener, subject to the conditions shown in Appendix 'A', as outlined in Development Services Department report DSD -19-032.