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HomeMy WebLinkAboutCouncil Minutes - 2019-06-24COUNCIL MINUTES JUNE 24, 2019 CITY OF KITCHENER The Council of the City of Kitchener met this date at 7:11 p.m. with all members present. 1. COMMENCEMENT — The meeting began with the singing of "O Canada". 2. MINUTES — On motion by Councillor D. Chapman, the minutes of the regular meeting held May 27, 2019 and special meetings held May 27, June 10 & 17, 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 4.a. Local Planning Appeal Support Centre (LPASC) An email acknowledging the receipt of Council's resolution regarding the Local Planning Appeal Support Centre (LPASC), dated May 14, 2019 from Minister Steve Clark, Minister of Municipal Affairs and Housing. 4.b. Bill 108, More Homes, More Choice Act, 2019 An email acknowledging receipt of Council's resolution regarding the Bill 108, More Homes, More Choice Act, 2019, dated May 31, 2019 from Laura Taylor, Procedural Services Assistant, Legislative Assembly of Ontario. 5. PRESENTATIONS —NIL 6. DELEGATIONS Zone Change Application ZC16/008/R/BB (142 Rosemount Drive; Strawberry Park Inc.) Council considered Development Services Department report DSD -19-030, dated April 18, 2019, listed as Item 4 on the Planning and Strategic Initiatives Committee report dated June 10, 2019. An amendment was brought forward by Councillor S. Davey, and seconded by Councillor P. Singh to add provisions to the site plan approval process regarding a park for the area. Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That Zone Change Application ZC16/008/R/BB (142 Rosemount Drive; Strawberry Park Inc.) for the purpose of changing the zoning from Institutional One (1-1) to Residential Six Zone (R-6) with Site Specific Regulation Provision 746R and Open Space (R-1), on the lands specified on the attached Map No. 1 in the form shown in the "Proposed By-law", dated April 18, 2019, attached to Development Services Department report DSD -19-030 as Appendix 'A', be approved; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC16/008/R/BB; and, That a 135.04 square metre right-of-way block of land, attached as Appendix 'F', be declared as surplus to City needs and sells it at fair market value to Strawberry Park Inc.; and, That as a condition of site plan approval, the owner be directed to submit a park design to the satisfaction of the Director of Parks & Cemeteries; and, That as a condition of site plan approval the owner be directed to grade, topsoil, and sod the park at their expense; and, COUNCIL MINUTES JUNE 24, 2019 -112- CITY OF KITCHENER That the owner be required as per the site plan condition to install any park amenities outlined in the park design ,to the satisfaction of the Director of Parks & Cemeteries; and further, That the park amenities outlined in the park design be at the City of Kitchener's expense." Carried as amended. 6.a. Hidden Valley Land Use Master Plan Council considered Development Services Department report DSD -19-133, dated May 30, 2019, listed as Item 3 on the Planning and Strategic Initiatives Committee report dated June 10, 2019. Mr. Gordon Nicholls was in attendance to speak in favour of the HVLUMP. Mr. Nicholls suggested the following additions to the technical studies listed in Appendix "A" of report DSD -19-133: • Study in conjunction with Health professionals the amount of CO2 absorption from the forests in Hidden Valley and the impact this will have on both the rate of respiratory disease in Kitchener and the reduction of stress; • The proposed Environmental Impact Study should include salamander migration to the south of the central breeding area into White Zone 2(A) as well as to White Zone 2(B); • The proposed Water Management and Environmental studies should include an assessment of the flow of toxic substances to the Grand River water supply; and further, • Expand the scope of future studies to include the central areas of Kitchener that will house the thousands of new residents along the LRT line. Council was in receipt this date of a letter from Ms. Yvonne Fernandes regarding the Hidden Valley Land Use Master Plan (HVLUMP). Ms. Fernandes was also in attendance to speak in favour of the HVLUMP. She expressed concern with the effects on drinking water quality from water runoff from future developments at Hidden Valley. In response to questions, Mr. Brandon Sloan, Manager of Long Range and Policy Planning, suggested, and it was agreed, to amend staff's recommendation to include provisions for a Health Impact Assessment and Source Water Protection Impact Study as part of the HVLUMP. An amendment was brought forward by Councillor C. Michaud, and seconded by Councillor S. Marsh, that the Hidden Valley Land Use Master Plan also look at an option that does not include high-rise residential zoning as permitted use. Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That the Hidden Valley Land Use Master Plan, attached to report DSD -19-133 as Appendix A, be adopted and provide the basis for a City -initiated Secondary Plan (Official Plan Amendment), Zoning By-law Amendment, supporting technical studies and Wastewater (Sanitary) Municipal Class Environmental Assessment in 2020; and, That staff ensure as part of the Hidden Valley Land Use Master Plan a Health Impact Assessment and Source Water Protection Impact Study are completed; and further, That the Hidden Valley Land Use Master Plan also look at an option that does not include high-rise residential zoning as permitted use." High-rise Amendment (Councillor C. Michaud) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. Contra: Councillors P. Singh, and S. Davey. COUNCIL MINUTES JUNE 24, 2019 -113- CITY OF KITCHENER Hidden Valley Land Use Master Plan (as amended) — Carried Unanimously on a recorded vote. 6.b. Climate Emergency Councillor B. loannidis has given notice that he will introduce the following motion for consideration this date to declare a climate emergency in the City of Kitchener. Ms. Laura Hamilton, Ms. Angela Carter, Ms. Caterina Lindman, Ms. Sophia Kudriavtsey, Ms. Shannon Purves -Smith, and Messrs. Shane Mulligan, James Sannes, Scott Lu, Andrew Moraga, Kai Remier-Watts, and Peter Eglin were in attendance to speak in favour of the motion declaring a climate emergency. An amendment was brought forward by Councillor D. Chapman, and seconded by Councillor S. Marsh, that the motion be amended as follows: • Paragraphs 1 and 2: Strike and replace "WHERAS" with "WHEREAS"; and, • Paragraph 4: Strike and replace "understand" with "understanding", remove "global citizen", and add "municipality in a globalized world"; and, • Paragraph 5: Strike and replace "a" with "an"; and, • Paragraph 7: Strike and replace "working" with "workings", and add "the"; and, • Add "WHEREAS effective accountability is a key element of meeting targets"; and, • Add "WHEREAS the City of Oslo's Climate Budget allows them to be accountable for their emissions on a yearly basis and to spread the responsibility of emission reductions across the organization"; and, • Paragraph 9: Strike and replace "IT BE" with "BE IT", "is declaring" with "declare", and "provided" with "provide"; and further, • Add "BE IT FURTHER RESOLVED that staff be directed to create an issue paper to be presented to council detailing the community's carbon inventory and the implementation of a carbon budget as an integrated component of the community's climate action plan". In response to questions, Ms. Claire Bennett, Corporate Sustainability Officer, suggested the creation of an issue paper detailing the community's carbon inventory and the implementation of a carbon budget as an integrated component of the community's climate action plan should be referred to Climate Action Waterloo Region. An amendment was brought forward by Councillor S. Davey, and seconded by Councillor P. Singh, that the amendment introduced by Councillor D. Chapman directing staff to create an issue paper detailing the community's carbon inventory and the implementation of a carbon budget as an integrated component of the community's climate action plan be referred to Climate Action Waterloo Region. Moved by Councillor B. loannidis Seconded by Councillor D. Chapman "WHEREAS the Canadian government has committed to limiting global warming to 1.5 degrees as per the COP21 Paris Agreement; WHEREAS Canada's temperature is rising more than double the rate of the rest of the world; WHEREAS Cities are significant contributors to climate change, consuming more than two thirds of the world's energy and accounting for more than 70% of its carbon emissions; WHEREAS the City of Kitchener is committed to climate action and understanding our role as a municipality in a globalized world and the need to be prepared for the effects of climate change; WHEREAS the City of Kitchener has an approved Corporate Climate Action Plan, which is a detailed strategy for reducing our corporate level GHG (greenhouse gas) emissions, with an absolute GHG emissions target reduction of 8 per cent from 2016 levels by 2026; COUNCIL MINUTES JUNE 24, 2019 -114- CITY OF KITCHENER WHEREAS the City of Kitchener has reduced its GHG emissions by almost 3000 tons since 2010; WHEREAS the City of Kitchener is currently working towards stage three of the International Council for Local Environmental Initiatives (ICLEI) - Building Adaptive & Resilient Communities (BARC) Program for climate adaptation; WHEREAS the City of Kitchener has committed to community climate action by setting a 80% greenhouse gas emission reduction target from 2010 levels by 2050; WHEREAS effective accountability is a key element of meeting targets; WHEREAS the City of Oslo's Climate Budget allows them to be accountable for their emissions on a yearly basis and to spread the responsibility of emission reductions across the organization. THEREFORE BE IT RESOLVED that the City of Kitchener declare a climate emergency with the directive to provide continued support to corporate and community climate action at the City and work towards improved targets where possible BE IT FINALLY RESOLVED that creation of an issue paper to be presented to council detailing the community's carbon inventory and the implementation of a carbon budget as an integrated component of the community's climate action plan be referred to Climate Action Waterloo Region." Referral of Community Carbon Inventory and carbon budget — Carried Unanimously on a recorded vote. Councillor Chapman's amendments, as amended - Carried Unanimously on a recorded vote. Climate Emergency Motion (as amended) — Carried Unanimously on a recorded vote. 7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE — JUNE 10, 2019 Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the Finance and Corporate Services Committee report, dated June 10, 2019, be adopted." A recorded vote was requested for Clauses 3 and 4 of the Finance and Corporate Services Committee report, dated June 10, 2019. Clause 3 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors P. Singh, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock, and C. Michaud. Contra: Councillors J. Gazzola, S. Davey, and B. loannidis. Clause 4 — Carried Unanimously on a recorded vote. Balance of report— Carried. COUNCIL MINUTES JUNE 24, 2019 _115- CITY OF KITCHENER 7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE — JUNE 17, 2019 Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the Finance and Corporate Services Committee report, dated June 17, 2019, be adopted." A recorded vote was requested for Clause 3, paragraphs 1, 2 and 3, of the Finance and Corporate Services Committee report, dated June 17, 2019. Clause 3 (Paragraphs 1 and 2) — Carried Unanimously on a recorded vote. Clause 3 (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. Balance of report— Carried. 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE — JUNE 10, 2019 Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That clauses 1 and 2 of the Planning and Strategic Initiatives Committee report, dated June 10, 2019, be adopted." An amendment to Clause 2 was brought forward by Councillor D. Schnider, and seconded by Councillor M. Johnston, that Council representation on the Affordable Housing Strategy Advisory Committee be increased from 3 to 4 members; and further, that Councillor P. Singh be appointed to the Affordable Housing Strategy Advisory Committee. The motion was then voted on and Carried. Balance of report— Carried. 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE —JUNE 17, 2019 Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That the Community and Infrastructure Services Committee report, dated June 17, 2019, be adopted." An amendment to Clause 6 was brought forward by Councillor P. Singh, and seconded by Councillor B. loannidis, that staff be directed to explore through the 2020 budget process, avenues to address the missing link for an asphalted and winter -maintained trail connecting to the Country Hills Community Centre, leading from the existing winter -maintained trail from Erinbrook Park to the Lions Park. COUNCIL MINUTES JUNE 24, 2019 -116- CITY OF KITCHENER In accordance with Section 25.2.2 of the City's Procedural By -Law, it was moved by Councillor B. Ioannidis, seconded by Councillor S. Marsh to grant a one-hour extension of the meeting. Carried Unanimously. A recorded vote was requested for the amendment brought forward by Councillor P. Singh. Clause 6 (amendment) — LOST on a recorded vote. In Favour: Councillors P. Singh, B. Ioannidis, D. Schnider, D. Chapman, and S. Marsh. Contra: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Davey, M. Johnston, K. Galloway-Sealock, and C. Michaud. Clause 6 — Carried. Clause 4 — Carried. Balance of report— Carried. 7. REPORTS OF COMMITTEES —HERITAGE KITCHENER COMMITTEE —JUNE 4, 2019 Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That the Heritage Kitchener Committee report, dated June 4, 2019, be adopted." Carried. 7. REPORTS OF COMMITTEES —AUDIT COMMITTEE —JUNE 24, 2019 Moved by Councillor S. Davey Seconded by Councillor M. Johnston "That the Audit Committee report, dated June 24, 2019, be adopted." Carried. 9. NEW BUSINESS 9.a. Neighbourhood Association Board Membership Councillor S. Davey has given notice that he will introduce the following motion for consideration this date to direct staff to find new ways to recognize and incentivize Neighbourhood Board membership. Moved by Councillor S. Davey Seconded by Councillor B. Ioannidis "WHEREAS the City is proud to work with volunteers from the many neighbourhood associations across our community to help provide a variety of programs and resources within our community; and, WHEREAS Neighbourhood Associations assist in the developing stronger communities by providing access to affordable activities, programs and events that encourage a sense of community; and, COUNCIL MINUTES JUNE 24, 2019 -117- CITY OF KITCHENER WHEREAS the Neighbourhood Associations are not-for-profit organization that rely heavily on dedication and hard work of their board members who volunteer their time to help to improve the quality of life for others; THEREFORE IT BE RESOLVED that staff be directed to explore new ways to recognize and incentivize Neighbourhood Board membership, possibly through free swimming passes etc. as a means of encouraging volunteer participation." Carried. 9.b. Climate Emergency Dealt with as Item 6.b. under Delegations. 9.c. Leisure Access Program Councillor P. Singh has given notice that he will introduce the following motion for consideration this date to direct staff to prepare an issue paper for the 2020 budget process to explore options to expand the LAD program. It was suggested to add minor sports groups to the expanded LAC program. A request was made to vote on neighbourhood associations and minor sports groups separately. Moved by Councillor P. Singh Seconded by Councillor B. loannidis "WHEREAS the City of Kitchener relies on partnerships with our neighbourhood associations and community volunteers to run many of the programs in our facilities; WHEREAS community neighbourhood associations that provide programming, have varying capacities to provide free programming for members of the community with financial constraints; WHEREAS there are demographics of our community for whom any level of programming cost becomes a barrier for participation; WHEREAS the Leisure Access Program (LAC) is made available to subsidize the cost of access to city facilities and city run programs to ensure inclusion by all; THEREFORE BE IT FINALLY RESOLVED that staff be directed to prepare an issue paper for the 2020 budget process to explore options to expand the LAC program to cover fees for programs run by neighbourhood associations." Neighbourhood Associations being added to an expanded LAC program — Carried. Minor sports groups being added to an expanded LAC program — LOST. Original motion as written — Carried. 9.d. Regional Council Update— Mayor B. Vrbanovic Mayor B. Vrbanovic acknowledged the launch of the ION light rail transit system in the Region of Waterloo. He indicated the launch weekend saw over 70,000 riders. 10. QUESTIONS AND ANSWERS — NIL COUNCIL MINUTES JUNE 24, 2019 _118- CITY OF KITCHENER 11. BY-LAWS (FIRST READING) — Council agreed to the request of Ms. Christine Tarling, City Clerk, to add two additional by-laws for three readings this date; to establish development charges for the City of Kitchener and to repeal Development Charge By-law 2014-068; and, to establish a Municipal Accommodation Tax. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Davey That leave be given the Mover and Seconder to introduce the following by-laws, namely: a) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of a motor vehicle on private property. (Amends By-law 2010-190 to add or delete areas of jurisdiction.) b) Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — Strawberry Park Inc. — 142 Rosemount Drive. (Amends By-law 85-1 to allow for the development of multiples and 746R imposes setbacks, heights, parking, FSR and an overall unit count of 76.) C) Being a by-law to provide for the establishing and laying out of part of Rivertrail Avenue as public highway in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision 30T— 10202.) d) Being a by-law to assume certain lands within the City of Kitchener as public highway. (Assumes lands shown on registered plans of subdivision as public highways, streets or lands pursuant to Section 31(4) of the Municipal Act, 2001, c.25.) e) Being a by-law to amend By-law 2017-079 to extend the time period for exemption from Part Lot Control on Part of Block 1, 58M-504 and Part of Block 1, 58M-505 — Forest Creek Drive. (Exempts lands shown on Forest Creek Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-079 for a further two year period.) f) Being a by-law to amend By-law 2017-082 to extend the time period for exemption from Part Lot Control on Part of Blocks 2 and 3, Blocks 4, 29 and 45, Registered Plan 58M- 504 and Part of Block 8, Registered Plan 58M-505- Hollybrook Trail and Forest Creek Drive. (Exempts lands shown on Hollybrook Trail and Forest Creek Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-082 for a further two year period.) g) Being a by-law to amend By-law 2017-083 to extend the time period for exemption from Part Lot Control on Blocks 10, 11, 15, 16, 17, 18, Registered Plan 58M-504 — Hollybrook Trail and Pondcliffe Court. (Exempts lands shown on Hollybrook Trail and Pondcliffe Court from Part Lot Control. This is an extension of the time period set out in Bylaw 2017- 083 for a further two year period.) h) Being a by-law to amend By-law 2017-084 to extend the time period for exemption from Part Lot Control on Blocks 7, 8, 25 and 26, Registered Plan 58M-504 — Pondcliffe Drive and Hollybrook Trail. (Exempts lands shown on Pondcliffe Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-084 for a further two year period.) i) Being a by-law to amend By-law 2017-086 to extend the time period for exemption from Part Lot Control on Part of Blocks 24, 27, and 28, Registered Plan 58M-504- Pondcliffe Drive. (Exempts lands shown on Pondcliffe Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-086 for a further two year period.) COUNCIL MINUTES JUNE 24, 2019 -119- CITY OF KITCHENER j) Being a by-law to amend By-law 2017-087 to extend the time period for exemption from Part Lot Control on Block 21 and Part of Blocks 22 and 23, Registered Plan 58M-504 — Pondcliffe Drive and Doon Creek Street. (Exempts lands shown on Pondcliffe Drive and Doon Creek Street from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-087 for a further two year period.) k) Being a by-law to exempt certain lots from Part Lot Control — Blocks 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Registered Plan 58M-627 — Robert Ferrie Drive and Caryndale Drive. (Exempts lands shown on — Robert Ferrie Drive and Caryndale Drive Court from Part Lot Control.) 1) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to fences. (Deletes and substitutes Section 630.5.1 (c) in its entirety.) m) To confirm all actions and proceedings of the Council. n) Being a by-law to establish development charges for the City of Kitchener and to repeal Development Charge By-law 2014-068. o) Being a by-law to establish a Municipal Accommodation Tax (MAT). 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 D. Chapman 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 T19-021 Supply of Asphalt Products, be awarded as follows: Coco Paving Inc., Petersburg, Ontario, at their tendered unit pricing on HL -2, HL -3, HL - 4, HL -8, Driveway Mix and SS -1, for work north of King Street; and, Kitchener Asphalt Limited, St. Jacobs, Ontario, at their tendered unit pricing on HL -2, HL - 3, HL -4, HL -8, Driveway Mix and SS -1, for work south of King Street; and, Innovative Surface Solutions Canada, Ajax, Ontario, at their tendered unit pricing for High Performance Cold Mix, for all work, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." - and - COUNCIL MINUTES JUNE 24, 2019 -120- CITY OF KITCHENER "That Tender T19-102 Natural Gas Pressure Regulators, Meter Bars and Related Materials, be awarded as follows: Tender items 1, 2, 3, 4, 5, 11, 12 and 13 to KTI Limited, Aurora, Ontario, at their tendered price of $683,994.57, plus H.S.T. of $88,919.29, for a total of $772,913.86; and, Tender items 6, 7, 8, 9 and 10 to C.R. Wall & Company Incorporated, Cambridge, Ontario, at their tendered price of $279,290. plus H.S.T. of $36,307.70, for a total of $315,597.70, for a one (1) year term." - and - " That Tender T19-073 David Bergey Drive (Ottawa Street South to Activa Avenue) Sanitary Sewer Replacement and Restoration, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $2,969,170.50, including provisional items and contingencies of $327,820., plus H.S.T. of $385,992.17, for a total of $3,355,162.67. " - and - "That Tender T19-087 Sandhills Park Rehabilitation, be awarded to Bomar Landscaping Inc., at their tendered price of $159,591.96, plus H.S.T. of $20,793.75, for a total of $180,745.71." - and - "That Tender T19-116 Steel Pipe for Natural Gas Distribution, be awarded to Comco Pipe & Supply Company, Puslinch, Ontario, at their provisional price of $154,512.00, plus H.S.T. of $20,086.56, for a total of $174,598.56." 2. CSD -19-019 — Victus Academy LP — Licence Agreement Renewal It was resolved: "That the Mayor and Clerk be authorized to execute a licence agreement with Victus Academy LP for space at Sportsworld Arena, municipally known as 35 Sportsworld Crossing Road, said agreement to be satisfactory to the City solicitor, as outlined in Community Services Department Report CSD -19-019. " 3. CSD -19-021 — Heritage Greens Lawn Bowling Club — Licence Agreement It was resolved: "That the Mayor and Clerk be authorized to execute a licence agreement with Heritage Greens Lawn Bowling Club for the lawn bowling area located at 600 Heritage Drive, said agreement to be satisfactory to the City solicitor, as outlined in Community Services Department Report CSD -19-021." 4. COR -19-032 — Sign Variances — 1250 Victoria Street South and 525 Highland Road West It was resolved: "That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2019- 012 - 1250 Victoria Street South) requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 75m from a residential zone rather than the required 100m; and, for the sign to only have the civic number whereas the By-law requires the sign to have the civic number and street name, on Block 153, Plan 1689, 1250 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COUNCIL MINUTES JUNE 24, 2019 -121- CITY OF KITCHENER That the owner shall obtain a Sign Permit from the Planning Division. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 6:00 a.m. That the owner shall complete the above noted Condition 1 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 HIGHLAND PARK SHOPPING CENTRE LTD (SG 2019-013 - 525 Highland Road West; requesting permission for multi -unit commercial building to have fascia signs with a width of 100% of the individual unit rather than the maximum 90%; and, to have a separation distance between the fascia signs of 0.08m rather than the required 0.3m, on Part Lot 21, Plan 1004, being Parts 1 to 4 on Reference Plan 58R-5638, 525 Highland Road West, Kitchener, Ontario, BE APPROVED." 5. COR -19-033 — Dangerous Dog Designation Appeal — Dosch It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Holly Dosch, wherein the Committee substitutes the Dangerous Dog Designation applied to her dog 'Colt' by the Animal Welfare Agency South Central Ontario and assigns the Designation of Potentially Dangerous along with conditions for the keeping of said dog, be ratified and confirmed." 6. COR -19-034 — Appointment of Tribunal Members — Lodging House Application It was resolved: "That Councillors S. Marsh, K. Galloway-Sealock, and P. Singh be appointed as the members of the Licensing Tribunal for a term ending November 30, 2019." COR -19-035 — Encroachment Request: 51 Thorncliffe Street — Pool Encroachment Over City Easement It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 51 Thorncliffe Street to authorize the erection of an above -ground pool and appropriate fencing on the City's storm and sanitary sewer easement located on said property." 8. DSD -19-102 — Municipal Accommodation Tax — Implementation It was resolved: "That the Municipal Accommodation Tax By-law, included in Report DSD -19-102 Appendix A, be approved; and further, That the establishment of a new Municipal Accommodation Tax Reserve Fund be approved in accordance with Report DSD -19-102, Appendix B." COUNCIL MINUTES JUNE 24, 2019 -122- CITY OF KITCHENER 9. DSD -19-157 — Middle Strasburg Trunk Sanitary Sewer — Credit/Refund Agreement Request It was resolved: "That Council authorize the Mayor and Clerk to execute a development charges credit/refund agreement with the developers (Kitchener Green Developments Inc., Kitchener Green 3 Developments Inc., 2079546 Ontario Limited, Mattamy (South Estates) Limited, Cook (South Estates) Limited, Max Becker Enterprises (II) Limited) in respect to the developers payment for the costs of the engineering fees and construction of the Middle Strasburg Trunk Sanitary Sewer (MSTSS). In addition, the agreement will contain provisions authorizing the acceptance of lands from the developers by the municipality on which the project will be constructed, to the satisfaction of the City Solicitor." 10. Labour Relations (9000 Series) Council agreed to the request of Ms. Christine Tarling, City Clerk, to consider a motion arising from an in -camera meeting this date regarding the 9000 Series wage structure. A recorded vote was requested. It was resolved: "That staff be directed to implement the new wage structure for the casual and part-time pay group (9000 Series) effective September 1, 2019." 9000 Series — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors P. Singh, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. Contra: Councillor J. Gazzola, and S. Davey. 11. Litigation/Potential Litigation (Bridgeport East) Council agreed to the request of Ms. Christine Tarling, City Clerk, to consider a motion arising from an in -camera meeting this date regarding Bridgeport East. It was resolved: "That WalterFedy's request, pursuant to Council Policy ADM -AGR -305, to obtain prior approval to bid on tenders while in litigation with the City of Kitchener, is approved although said approval may be withdrawn by Council at any time." C. FOR INFORMATION 12. FIN -19-053 — 2019 April Variance Report Financial Services Department report FIN -19-053 (R. Hagey), dated June 12, 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 D. Chapman Seconded by Councillor S. Marsh COUNCIL MINUTES JUNE 24, 2019 -123- CITY OF KITCHENER "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 K. Galloway-Sealock Seconded by Councillor S. Davey "That the by-laws be given third reading, namely: a) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of a motor vehicle on private property. (By-law No. 2019-073) b) Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — Strawberry Park Inc. — 142 Rosemount Drive. (By-law No. 2019-074) C) Being a by-law to provide for the establishing and laying out of part of Rivertrail Avenue as public highway in the City of Kitchener. (By-law No. 2019-075) d) Being a by-law to assume certain lands within the City of Kitchener as public highway. (By-law No. 2019-076) e) Being a by-law to amend By-law 2017-079 to extend the time period for exemption from Part Lot Control on Part of Block 1, 58M-504 and Part of Block 1, 58M-505 — Forest Creek Drive. (By-law No. 2019-077) f) Being a by-law to amend By-law 2017-082 to extend the time period for exemption from Part Lot Control on Part of Blocks 2 and 3, Blocks 4, 29 and 45, Registered Plan 58M- 504 and Part of Block 8, Registered Plan 58M-505- Hollybrook Trail and Forest Creek Drive. (By-law No. 2019-078) g) Being a by-law to amend By-law 2017-083 to extend the time period for exemption from Part Lot Control on Blocks 10, 11, 15, 16, 17, 18, Registered Plan 58M-504 — Hollybrook Trail and Pondcliffe Court. (By-law No. 2019-079) h) Being a by-law to amend By-law 2017-084 to extend the time period for exemption from Part Lot Control on Blocks 7, 8, 25 and 26, Registered Plan 58M-504 — Pondcliffe Drive and Hollybrook Trail. (By-law No. 2019-080) i) Being a by-law to amend By-law 2017-086 to extend the time period for exemption from Part Lot Control on Part of Blocks 24, 27, and 28, Registered Plan 58M-504- Pondcliffe Drive. (By-law No. 2019-081) COUNCIL MINUTES JUNE 24, 2019 -124- CITY OF KITCHENER j) Being a by-law to amend By-law 2017-087 to extend the time period for exemption from Part Lot Control on Block 21 and Part of Blocks 22 and 23, Registered Plan 58M-504 — Pondcliffe Drive and Doon Creek Street. (By-law No. 2019-082) k) Being a by-law to exempt certain lots from Part Lot Control — Blocks 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Registered Plan 58M-627 — Robert Ferrie Drive and Caryndale Drive. (By-law No. 2019-083) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to fences. (By-law No. 2019-084) m) To confirm all actions and proceedings of the Council. (By-law No. 2019-085) n) Being a by-law to establish development charges for the City of Kitchener and to repeal By-law 2014-068 (By-law No. 2019-086) o) Being a by-law to establish a Municipal Accommodation Tax (MAT) (By-law No. 2019-087) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:40 p.m. •..... ................ .............. ........... .............................................. .,.. MAYOR CLERK COUNCIL MINUTES JUNE 24, 2019 -125- CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE — JUNE 10, 2019 1. That the General Manager, Development Services be authorized to execute a three-year funding agreement, subject to the satisfaction of the City Solicitor, between the City of Kitchener, City of Cambridge and City of Waterloo to collaborate on delivery of the Waterloo Region Small Business Centre services and programs funded in part by the Province of Ontario, as outlined in Development Services Department report DSD -19-136; and further, That the General Manager, Development Services be authorized to execute, on behalf of the City of Kitchener, any agreements or documentation pertaining to services and programs provided by the Waterloo Region Small Business Centre provided said agreements or documentation are subject to the satisfaction of the City Solicitor. 2. That the Mayor and Clerk be authorized to execute a three-year funding agreement, subject to the satisfaction of the City Solicitor, with the Province of Ontario for the Small Business Centre to deliver the core business information services, Summer Company and starter company programs; and, That the General Manager, Development Services be authorized to execute, on behalf of the City of Kitchener, subject to the satisfaction of the City Solicitor, any amendments to the three-year funding agreement; and further, That the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute recipient grant agreements, subject to the satisfaction of the City Solicitor, for the Starter Company Plus and Summer Company programs. 3. That staffing and funding requirements for a permanent participatory budgeting solution be brought back to Council through the 2020 budgeting process, as outlined in Financial Services Department report FIN -19-050. Carried on a recorded vote. That the Development Charge Background Study as amended in Attachment 1 and the capital forecasts prepared in conjunction with the Study in accordance with Section 10 of the Development Charges Act, 1997, be adopted; and, That future excess capacity identified in the Development Charge Background Study be paid for by development charges or other similar charges; and, That where grant funding is provided for a growth related project, to the extent possible, be used to fund the non -growth portion of the project; and, That the Local Service Guidelines in the form attached to Financial Services Department report FIN -19-049, be approved; and further, That the Development Charges By-law in the form attached to Report FIN -19-049, be approved. Carried unanimously on a recorded vote. That the Business Licensing By-law 2017-139, be amended to add the Payday Loan Establishment Schedule (Schedule 17.1), as outlined in Corporate Services Department report COR -19-024 attached as Appendix 'A' ; and, That the fees set out in Report COR -19-024 related to Payday Loan Establishments, be approved; and further, That the 2020 User Fee Schedule include the Payday Loan Establishment fees. That ADR Chambers, Toronto Ontario, be retained to provide the provisional functions (1-5) as outlined in Corporate Services Department report COR -19-025 at their quoted hourly rate; and, COUNCIL MINUTES JUNE 24, 2019 -126- CITY OF KITCHENER That costs incurred to access the additional provisional functions of the Integrity Commissioner, if any, be tracked for a one-year period from 2019 to 2020 to inform a recommendation for an appropriate budget, if required, as part of the 2021 budget process; and further, That the Council Policy GOV-COU-005, Code of Conduct for Members of Council, Local Boards and Advisory Committees, be amended to reflect the proposed changes, as outlined in Report COR -19-025. 7. That staff be directed to undertake a comprehensive community and stakeholder consultation to inform the City's next Economic Development Strategy, as outlined in Development Services Department report DSD -19-098. 8. That the Mayor, Chief Administrative Officer or a General Manager is hereby authorized to execute the Disaster Mitigation and Adaptation Fund (DMAF) ultimate receiver agreement, as outlined in Development Services Department report DSD -19-143 with the Grand River Conservation Authority; said agreement and other related documentation to be to the satisfaction of the City Solicitor; and further, That the Mayor, Chief Administrative Officer or a General Manager is hereby authorized to execute a contract with Reep Green Solutions for the provision of community engagement services throughout the duration of the agreement with Infrastructure Canada under the DMAF project; said agreement and other related documentation to be to the satisfaction of the City Solicitor. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — JUNE 10, 2019 1. That the Environmental Committee Work Plan (2019/2020), as outlined in Development Services Department report DSD -19-144, be approved. 2. That the work plan for Development Services Department report DSD -19-134, Affordable Housing Strategy - Work Program Overview, be approved; and further, That the following members of Council be appointed to participate on an Affordable Housing Strategy Advisory Committee: D. Schnider, C. Michaud, D. Chapman, and P. Singh. 3. That the Hidden Valley Land Use Master Plan, attached to Development Services Department report DSD -19-133 as Appendix 'A', be adopted and provide the basis for a City -initiated Secondary Plan (Official Plan Amendment), Zoning By-law Amendment, supporting technical studies and Wastewater (Sanitary) Municipal Class Environmental Assessment in 2020. Dealt with under Delegations and Carried, as amended, on a Recorded Vote. 4. That Zone Change Application ZC16/008/R/BB (142 Rosemount Drive; Strawberry Park Inc.) for the purpose of changing the zoning from Institutional One (1-1) to Residential Six Zone (R-6) with Site Specific Regulation Provision 746R and Open Space (R-1), on the lands specified on the attached Map No. 1 in the form shown in the "Proposed By-law", dated April 18, 2019, attached to Development Services Department report DSD -19-030 as Appendix 'A', be approved; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC16/008/R/BB; and, That a 135.04 square metre right-of-way block of land, attached as Appendix 'F', be declared as surplus to City needs and sells it at fair market value to Strawberry Park Inc.; and, "That as a condition of site plan approval, the owner be directed to submit a park design to the satisfaction of the Director of Parks & Cemeteries; and, That as a condition of site plan approval the owner be directed to grade, topsoil, and sod the park at their expense; and, COUNCIL MINUTES JUNE 24, 2019 -127- CITY OF KITCHENER That the owner be required as per the site plan condition to install any park amenities outlined in the park design ,to the satisfaction of the Director of Parks & Cemeteries; and further, That the park amenities outlined in the park design be at the City of Kitchener's expense." Dealt with under Delegations and Carried, as amended. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — JUNE 17, 2019 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bingemans for several events being held at 425 Bingeman Centre Drive, as part of their summer Events Series, as outlined in Community Services Department report CSD -19-017, 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 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 existing School Bus Loading Zone on Stirling Avenue be extended on the west side (even - numbered) 200m south of Charles Street to a point 250m south thereof, as outlined in Development Services Department report DSD -19-141; and, That the Adult Crossing Guard be removed along Highview Drive at Willow Green Court; and further, That the Uniform Traffic By-law be amended accordingly. That the Uniform Traffic By-law be amended for the installation of a traffic signal at the intersection of River Road East and Manchester Road, as outlined in Development Services Department report DSD -19-142. That the following street be approved for sidewalk infill in 2020 as per the Sidewalk Infill Policy MUN-STR-2004, approved by Council June 1, 2015: • Perth Road; and, • Edwin Street; and further, That Council receive, for information purposes only, other sidewalk infill locations in 2020 that are pre -approved as per the Sidewalk Infill Policy MUN-STR-2005, as outlined in Development Services Department report DSD -19-140. That the three Neighbourhood Places Programs, including The Neighbourhood Greening Program, The Neighbourhood Seating Program and Neighbourhood Art Program, as outlined in Community Services Department report CSD -19-015, be approved. That staff be directed to continue winter maintenance of trails in the Country Hills West neighbourhood and the annual operating funding of $14,000. be added to the 2020 budget to reflect this permanent level of service, as outlined in Infrastructure Services Department report INS -19- 010; and, That staff be directed to continue to explore opportunities for coordination and efficiencies of winter maintenance activities with school boards; and, COUNCIL MINUTES JUNE 24, 2019 -128- CITY OF KITCHENER That staff be directed to use the results of the Country Hills West neighbourhood trail pilot to inform the winter trail maintenance priorities of the Cycling and Trails Master Plan (in development); and, That staff be directed to explore options for shared winter maintenance costs of City pathway connections to elementary schools with both the Waterloo Region District School Board and the Waterloo Catholic District School Board; and further, That staff be directed to explore options to expand no parking/no stopping zones in the vicinity of winter maintained City owned pathways around elementary schools between the hours of 8 a.m. to 10 a.m. and 2 p.m. to 4 p.m., Monday to Friday, as a means of encouraging active transportation. 7. That staff continue to review the City's Facility Booking Guidelines for Non -Profit Groups (MUN- FAC-415) and the Neighbourhood Association Affiliation Policy (MUN-FAC-324), focusing on the preliminary findings outlined in Community Services Department report CSD -19-016; and further, That the Policy Review Objectives be amended to include a fourth objective, to refresh the partnership arrangements with the Neighbourhood Associations with a goal of making these partnerships more consistent and equitable across the City. 8. That the Fence By-law be amended to align with the regulations of other local municipalities and allow a fence of up to 1.82 metres in height in an exterior side yard with no setback (on the lot line), as outlined in Development Services Department report DSD -19-075. FINANCE AND CORPORATE SERVICES COMMITTEE —JUNE 17, 2019 That the City of Kitchener 2019-2022 Strategic Plan as contained in Appendix 'A' to Chief Administrator's Office report CAO -19-010, be approved, as amended; and, That staff be directed to form a Gaukel Greenway ad-hoc working group including staff, residents, business owners, and arts and culture representatives; and, That staff be directed to work with the property owners of 60 Charles Street West (Charlie West), 19 Gaukel Street (Heartwood Place), 185 King Street West (Pizza Pizza), 191 King Street West (Public Utilities Commission Building), and 15 Charles Street West (Region of Waterloo), to investigate alternative parking access; and, That staff be directed to explore the potential to maintain the closure of Gaukel Street to motor vehicles between Charles Street West and King Street West, immediately following the removal of the Charlie West construction equipment; and, That staff be directed to explore the potential to make Gaukel Greenway a year-round space, available for community events and initiatives, stewarded in partnership with Economic Development (Downtown Community Development) and Infrastructure Services; and further That the Mill Courtland Community Centre be included in the Strategic Actions in the 2019-2022 Strategic Plan with work commending in 2020 and that the Rosenburg Commmunity Centre be included in the Strategic Actions in the 2019-2022 Strategic Plan with work commencing in 2021. That the Public Access Technology Service Standard (PATS) described in Corporate Services Department report COR -19-028, and the attached document 'Digital Kitchener Public Access Technology Service Standard', be adopted as the measurement framework for the City of Kitchener's digital inclusion programs; and further, That staff be directed to define a dedicated PATS budget for consideration during the 2020 budget cycle to centralize the investment associated with the PATS program. That staff be directed to proceed to implement the Truth & Reconciliation Calls to Action consistent with the approach outlined in Corporate Services Department report COR -19-021, beginning with the following two priorities: COUNCIL MINUTES JUNE 24, 2019 -129- CITY OF KITCHENER That a territorial acknowledgement at the commencement of Council be introduced to signal a commitment to responding to the Truth & Reconciliation Calls to Action and to demonstrate respect for the ongoing relationships we are building; and further, That a training program for staff and members of Council be implemented that will increase Indigenous competency at an organizational level, resulting in improved customer service and increased capacity of non -Indigenous staff across the organization to work respectfully and appropriately on Indigenous initiatives in a municipal context. Carried on a recorded vote. HERITAGE KITCHENER COMMITTEE — JUNE 4, 2019 That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2019-V- 006 be approved to permit demolition of an existing accessory structure located on the property municipally addressed as 33 Mansion Street, as outlined in Development Services Department report DSD -19-139; and further, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2019-V- 007 be approved to permit construction of an addition to the single detached dwelling municipally addressed as 33 Mansion Street, 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 the issuance of a building permit. That the 2019 Kitchener's Great Places - Mike and Pat Wagner Heritage awards be awarded as follows: In the category of Preservation/Restoration: • 110 Water Street South; and, • 920 Orr Court; and further, In the category of Rehabilitation/Adaptive Re -use: • 300 Joseph Schoerg Crescent; and, • 195 Joseph Street. AUDIT COMMITTEE — JUNE 24, 2019 That Proposal P19-024 Audit Services, be awarded to KPMG LLP, Waterloo, Ontario, at their estimated fee of $777,600., plus H.S.T. of $101,088., for a total of $878,688., for a five (5) year term beginning with the fiscal year ending December 31, 2019 for the Corporation of the City of Kitchener, its boards and enterprises, Kitchener Housing Inc., and Kitchener Non -Profit Property Management Inc. and for a five (5) year term beginning with the fiscal year ending May 31, 2020 for Waterloo Region Municipalities Insurance Pool, as outlined in Financial Services Department report FIN -19-058; and further; That section 1.1 of Chapter 103 (Auditor) of the City's Municipal Code be amended to effect the appointment of KPMG LLP as the City's Auditor.