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HomeMy WebLinkAboutCouncil Minutes - 2019-08-26COUNCIL MINUTES AUGUST 26, 2019 CITY OF KITCHENER The Council of the City of Kitchener met this date at 7:04 p.m. with all members present. 1. COMMENCEMENT — The meeting began with the singing of "0 Canada". 2. MINUTES — On motion by Councillor S. Marsh, the minutes of the regular meeting held June 24, 2019 and special meetings held June 24 & August 12, 2019, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor J. Gazzola declared a pecuniary interest with respect to FIN -19-068 — FPO19-117 Supply and Delivery of Janitorial Products listed as Item 1. iii. on the Committee of the Whole agenda dated this date, because a member of his family is employed by the business related to this tender award. 4. COMMUNICATIONS REFERRED TO FILE - NIL 5. PRESENTATIONS — 5.a. Sovereign's Medal for Volunteers Mayor Berry Vrbanovic presented the Sovereign's Medal for Volunteers to Ms. Caroline Tanswell for her sustained and significant volunteer efforts. 5.b. Immigration Partnership for Waterloo Region Ms. Tara Bedard and Ms. Karen Spencer, Immigration Partnership for Waterloo Region, were in attendance to provide an update on immigration in Kitchener. 6. DELEGATIONS 6.a. Jessica Crescent and Rachel Crescent Mayor B. Vrbanovic advised that notice had been given for any member of the public to attend this meeting to speak for or against a by-law to name private roads within a residential development located in the Rosenberg Community at 1650, 1670, 1690 and 1720 Fischer Hallman Road as Jessica Crescent and Rachel Crescent, listed at Items 11.d. and 14.d. It was noted no one was in attendance this date to speak for or against the by-law. 6.b. Gleason Crescent Mayor B. Vrbanovic advised that notice had been given for any member of the public to speak for or against a by-law to name a private road within a condominium development located at 155 Westwood Drive as Gleason Crescent, listed as Items 11.e. and 14.e. It was noted no one was in attendance this date to speak for or against the by-law. Mayor B. Vrbanovic left the meeting and Acting Mayor S. Marsh assumed the Chair for the remainder of the meeting. 6.c. 150 Pioneer Drive Council considered Corporate Services Department report COR -19-036 (D. Saunderson) listed as Item 3, Clause 2, on the Committee of the Whole agenda dated this date. Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock COUNCIL MINUTES AUGUST 26, 2019 -135- CITY OF KITCHENER "That the application of CITY OF KITCHENER (SG 2019-015 - 150 Pioneer Drive) requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 59m from a residential zone rather than the required 100m; and, for the sign to have an area of 4.6 sq.m. rather than the maximum permitted 3 sq.m., on Part Block L, Registered Plan 1318, 150 Pioneer Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That approval of sign variance Application SG 2019-014 be generally as per the plans submitted with the application. 2. That the owner shall obtain a sign permit for the proposed business from the Planning Division. 3. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By- law. 4. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 6:00 a.m. 5. That the owner shall provide a site plan demonstrating that the sign location is outside the Driveway Visibility Triangle (DVT) to the satisfaction of the Director of Transportation Services. 6. That the owner shall complete the above noted Conditions 1 to 5 no later than November 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 the decision. Failure to fulfill these conditions will result in this approval becoming null and void." Carried. 6.d. Parking Prohibitions on St. George Street Mr. Philp Craig was in attendance this date to speak to the parking prohibitions on St. George Street. Mr. Craig requested that parking be permitted on St. George Street during regular church hours and also requested a letter of apology from the City for the inconvenience of the parking prohibition and subsequent by-law enforcement as well as a plaque for the Benton Street Baptist Church acknowledging their community involvement. Mr. Barry Cronkite, Director of Transportation Services, was in attendance to answer questions from members of Council. He recommended Council consider permitting a pick-up and drop-off space at the front of the church to assist with accessibility. It was suggested and agreed that staff be directed to investigate the request for the removal of the parking prohibition on St. George Street, and prepare a report outlining the results of the investigation for consideration by the Community and Infrastructure Services Committee by the fall of 2019. Unregistered Delegation — Fairview Mall & 907 Frederick Street Council considered Corporate Services Department report COR -19-036 (D. Saunderson) listed as Item 3, Clauses 1 & 3, 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 CADILLAC FAIRVIEW (SG 2019-015 - 2960-3050 Kingsway Drive) requesting permission for an existing commercial plaza (Fairview Mall) to have three signs located on the subject property requiring variances from the Sign By-law specifically as follows: COUNCIL MINUTES AUGUST 26, 2019 -136- CITY OF KITCHENER Water Tower Ground -Supported Sign (located adjacent to Fairway Road South), having a height of 15.24m rather than the maximum permitted height of 7.5m; a sign area of 21.33 sq.m. rather than the maximum permitted 20 sq.m.; to have a separation distance from another ground -supported sign on the subject property of 15.4m rather than the required 50m; and, to have no civic address on the sign whereas the By-law requires all ground -supported signs to have a civic address; and, Smoke Stack Fascia Sign (Located on the Fairway Road South side of the building adjacent to the former Sears Building), having a sign located on an architectural feature whereas the By-law does not permit signs on an architectural feature; and further, Roof Sign (Former Sears fapade Fairway Road South), having a sign area of 54.22 sq.m. rather than the maximum permitted 10 sq.m.; and, to permit the supporting structure to be visible/not screened whereas the By-law requires the support structures to be screened, on Part Lot 4, Plan 962, Part Lots 10 & 14, Plan 961, being Parts 1-6, 22, 24 & 25 on Reference Plan 58R-1539, 2960 Kingsway Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain sign permits for each sign prior to installation. 2. That the owner shall ensure final sign designs and supporting structures are consistent with the overall dimensions, materials, style, and locations provided in support of sign variance Application SG 2019-015, to the satisfaction of the City's Director of Planning." - and - That the application of 2541915 ONTARIO INC. (SG 2019-010 - 907 Frederick Street, Units 3, 4 & 5) requesting permission to legalize an existing facia sign having a width of 96% of the building elevation rather than the maximum permitted width of 90%, on Lot 6, Plan 712, Block B, Plan 928, 907 Frederick Street, Units 3, 4 and 5, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division; and further, That the owner shall complete the above noted Condition 1 prior to September 21, 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.e. Heritage Permit Application HPA-2019-V-010 — 30-40 Margaret Avenue Mr. Paul Britton, MHBC Planning, was in attendance to speak in support of the proposed Heritage Permit Application for 30-40 Margaret Avenue, listed as Item 1 under the Heritage Kitchener report dated August 6, 2019. Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That Clause 1 of the Heritage Kitchener report dated August 6, 2019 be adopted." Carried. Unregistered Delegation — Invasive Plants Management Strategy Moved by Councillor J. Gazzola Seconded by Councillor P. Singh COUNCIL MINUTES AUGUST 26, 2019 -137- CITY OF KITCHENER "That in accordance with Section 25.5.5 of City of Kitchener Municipal Code Chapter 25 (Procedure) Council agrees to hear a delegation on an item not listed on the agenda regarding an invasive plants management strategy." Carried. Ms. Kathy Mortimer was in attendance to request Council consider developing an invasive plants management strategy by 2021. In response to questions, Ms. Denise McGoldrick, General Manager of Infrastructure Services, indicated 2021 is an aggressive timeline given various other priorities the City has set within the strategic plan. Ms. McGoldrick advised deferring the item to the 2020 business plan discussions would be prudent to facilitate a fulsome discussion on resource allocation and priority setting. It was further noted, staff could prepare information for the City's website on invasive plant species as well as provide links to research on the topic for citizens to become educated on the topic. It was suggested and agreed to refer the proposed Invasive Plants Management Strategy to the 2020 business plan for further consideration. Unregistered Delegation — Province of Quebec's Bill 21 Councillor M. Johnston has given notice that she will introduce a motion for consideration this date to direct the City of Kitchener to denounce the Province of Quebec's Bill 21. Ms. Fauzia Mazhar, Ms. Ghazala Fauzia, and Ms. Meena Waseem were in attendance to speak in support of the motion. It was suggested and agreed to add a clause that the resolution be sent to the Honourable Premier of Quebec; the Honourable Premier of Ontario; Local Members of Provincial Parliament; the Region of Waterloo; local municipalities; and, the Association of Municipalities of Ontario. Councillor D. Schnider requested a recorded vote. Moved by Councillor M. Johnston Seconded by Councillor D. Chapman "WHEREAS hate crimes against religious minorities are growing in Canada, and, WHEREAS the City of Kitchener fully supports every citizen's right to choose what they wear and condemns the Province of Quebec's legislation to limit that choice; and, WHEREAS the City values religious freedom for Sikhs, Jews, Muslims, Christians and people of all faiths, and acknowledges the harm the Province of Quebec's Bill 21 can inflict on those who sincerely seek to follow the practices of their faith and dictates of their conscience,- THEREFORE onscience, THEREFORE BE IT RESOLVED that the City of Kitchener denounces the Province of Quebec's Bill 21; and, THEREFORE BE IT FINALLY RESOLVED that Kitchener city council affirms our commitment to the principles of equity, diversity and inclusion for all of our residents, which includes support for religious freedom and the preservation of the rights of minorities, and, BE IT FINALLY RESOLVED that this resolution be forwarded to the Honourable Premier of Quebec; the Honourable Premier of Ontario; the Local Members of Provincial Parliament; the Region of Waterloo, local municipalities; and, the Association of Municipalities of Ontario." Carried unanimously on a recorded voted. COUNCIL MINUTES AUGUST 26, 2019 -138- CITY OF KITCHENER Unregistered Delegation — Development Services Department report DSD -19-185 — Bicycle Facilities on Young Street and Duke Street Mr. Hal Jaeger was in attendance to speak in support of the proposed bike lanes, listed as Item 13 under the Community and Infrastructure Services Committee report dated August 12, 2019. Mr. Jaeger requested that staff's recommended cycling route be amended to install a southbound contraflow bicycle lane on Young Street, between Weber Street West and Ahrens Street West, and to install sharrows within the northbound travel lane. An amendment was brought forward by Councillor S. Davey, seconded by Councillor C. Michaud, to amend the second paragraph of the recommendation to "that a southbound contraflow bicycle lane be installed on Young Street, between Weber Street West and Ahrens Street West, and sharrows be installed within the northbound travel lane". Councillor Davey's amendment was voted on and was Carried on a recorded voted with Councillors J. Gazzola, P. Singh, S. Davey, B. loannidis, M. Johnston, D. Chapman, and C. Michaud voting in favour; and Councillors D. Schnider, S. Marsh and K. Galloway-Sealock voting in opposition. Mayor B. Vrbanovic was not attendance and accordingly did not vote. Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That bike lanes be installed on Young Street, between Duke Street West and Weber Street West, as outlined in Development Services Department report DSD -19-185; and, That a southbound contraflow bicycle lane be installed on Young Street, between Weber Street West and Ahrens Street West, and sharrows installed within the northbound travel lane; and, That an eastbound contraflow bicycle lane be installed on Duke Street East, between Cedar Street North and Pandora Avenue North; and, That two hour parking be reinstated on the north side of Duke Street East, between Madison Avenue North and Cameron Street North; and further, That the Uniform Traffic By-law be amended accordingly." Carried, as amended. Unregistered Delegation — Single -use Disposable Wipes Councillor B. loannidis has given notice that he will introduce the following motion for consideration this date to direct the City of Kitchener to lobby the Federal Government to review regulations related to consumer packaging on single -use wipes. Ms. Barbara Robinson, P.Eng, was in attendance to speak in favour of the motion. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "WHEREAS in 2018 the City of Kitchener implemented a sustainable funding model Water Infrastructure Project (WIP) for the city's water, sanitary and stormwater infrastructure to ensure the safe delivery of these valued utilities, and, WHEREAS in 2018 a multi-year initiative approved through the WIP has already improved several key measures of water quality, and proactive maintenance has reduced the risk of flooding in high-risk areas, and, WHEREAS in 2018 the City has already seen a number of impacts due to the implementation of the WIP including: 48% decrease in complaints related to discoloured water; Storm main repairs increased by 27 per cent; 300 metric tonnes of sediment COUNCIL MINUTES AUGUST 26, 2019 -139- CITY OF KITCHENER removed from catch basins, and, 2,200 properties protected against backflow and cross - connection contamination, and, WHEREAS Single -use wipes are a $6 -billion industry and growing, and are now being advertised as the clean alternative to toilet paper and are safe to flush, and, WHEREAS there is no one standard for what the word "flushable" means, and, WHEREAS Single -use wipes are in fact not safe to flush as they are buoyant; are not biodegradable, and, are unable to break down into small pieces quickly; and, WHEREAS Single -use wipes accumulate in the sewer system and eventually clog the sanitary sewer system costing municipalities hundreds of millions of dollars in additional repairs and maintenance costs each year to municipal sewer systems across the country; and, WHEREAS there is a lack of public awareness of the impact caused by non-flushable wipes being flushed down toilets and consumer education and outreach could play a large part in reducing the impact,- THEREFORE mpact,THEREFORE BE IT RESOLVED that the City of Kitchener lobby the Federal Government, to review regulations related to consumer packaging on single -use wipes to remove the word flushable; and, BE IT FINALLY RESOLVED that this resolution be forwarded to the Right Honourable Prime Minister of Canada, the Honourable Premier of Ontario, the Minister of the Environment, Conservation and Parks, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, the Local Members of Provincial Parliament; the Region of Waterloo, and, all Municipalities within the Province of Ontario." Carried unanimously. Unregistered Delegation — Producer Requirements for Packaging Councillor B. loannidis has given notice that he will introduce the following motion for consideration this date to call upon the Province to review and implement a deposit/return program for single use plastics. It was suggested and agreed that "single -use plastics" be replaced with "recyclable plastics" in paragraph 7. Mr. Robert Todorovic was in attendance to speak against the implementation of a deposit/return program for single use plastics. Moved by Councillor B. loannidis Seconded by Councillor P. Singh "WHEREAS the Province of Ontario, through the Ministry of the Environment, Conservation and Parks, has posted a discussion paper entitled "Reducing Litter and Waste in our Communities"; and, WHEREAS producer responsibility has not been adequately addressed by the Province of Ontario, and, WHEREAS a successful deposit/return program for single use plastic, aluminum and metal drink containers has been in existence in other Provinces in Canada including Newfoundland, Nova Scotia and British Columbia, and, WHEREAS these successful programs have eliminated many of these containers from the natural environment; and, COUNCIL MINUTES AUGUST 26, 2019 -140- CITY OF KITCHENER 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, and, WHEREAS the City of Kitchener has declared a climate emergency with the directive to provide continued support to corporate and community climate action,- THEREFORE ction,THEREFORE BE IT RESOLVED that the City of Kitchener call upon the Province of Ontario, through the discussion paper entitled "Reducing Litter and Waste in our Communities" to review and implement a deposit/return program for recyclable plastics, aluminum and metal drink containers, and, BE IT FURTHER RESOLVED that the Province of Ontario be requested to review producer requirements and look for extended producer responsibility for all packaging,- and, ackaging,and, BE IT FINALLY RESOLVED that this resolution be forwarded to the Honourable Premier of Ontario, the Minister of the Environment, Conservation and Parks, the Minister of Municipal Affairs and Housing, the Local Members of Provincial Parliament, the Association of Municipalities of Ontario, the Region of Waterloo and all Municipalities within the Province of Ontario." Carried unanimously, as amended. 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE —AUGUST 12, 2019 Moved by Councillor K. Galloway-Sealock Seconded by Councillor P. Singh "That Clauses 1 to 12 and 14 of the Community and Infrastructure Services Committee report, dated August 12, 2019, be adopted." Councillor D. Chapman requested Clause 12 of Community and Infrastructure Services Committee report be voted on separately on a recorded vote. It was moved by Councillor D. Chapman and seconded by Councillor K. Galloway-Sealock to amend Clause 12 of the Community and Infrastructure Services Committee report, to include a downtown neighbourhood in the pilot project in order to produce a more comprehensive set of results. In response to questions, Mr. Barry Cronkite, Director of Transportation Services, indicated that adding a fourth pilot area located within a downtown ward would increase the budget and put strains on limited resources. Council was advised traffic data already exists for wards encompassing the downtown. Councillor D. Chapman subsequently withdrew her proposed amendment. Clause 12 — Carried unanimously on a recorded vote. Balance of Report — Carried. 7. REPORTS OF COMMITTEES —HERITAGE KITCHENER COMMITTEE —AUGUST 6, 2019 Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That the balance of the Heritage Kitchener report, dated August 6, 2019, be adopted." Carried. COUNCIL MINUTES AUGUST 26, 2019 - 141 - CITY OF KITCHENER 7. REPORTS OF COMMITTEES —AUDIT COMMITTEE —JUNE 24, 2019 Moved by Councillor S. Davey Seconded by Councillor D. Chapman "That the Audit Committee report, dated June 24, 2019, be adopted." Councillor J. Gazzola requested Clause 1 of the Audit Committee report be voted on a recorded vote. Carried unanimously on a recorded vote. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS 9.a. Province of Quebec's Bill 21 Dealt with as Unregistered Delegation — Province of Quebec's Bill 21. 9.b. Producer Requirements for Packaging Dealt with as Unregistered Delegation — Producer Requirements for Packaging. 9.c. Single -use Disposable Wipes Dealt with as Unregistered Delegation — Single -use Disposable Wipes. 9.d. Regional Council Update— Mayor B. Vrbanovic was not in attendance and accordingly did not provide a Regional Council Update. 10.QUESTIONS AND ANSWERS — In response to questions, Mr. Barry Cronkite, Director of Transportation Services, advised the installation of a Vanier -Traynor pedestrian crossing was on schedule to be completed by the end of 2019. 11. BY-LAWS (FIRST READING) — Council agreed to the request of Ms. Christine Tarling, City Clerk, to add one additional by-law for three readings this date being a by-law to amend the Uniform Traffic By-law to permit parking for three (3) consecutive hours on the north (even -numbered) side of North Hill Place from Fairway Drive North to Scenic Drive, as outlined in Clause 9 of the Community and Infrastructure Services Committee report. Moved by Councillor C. Michaud Seconded by Councillor B. loannidis That leave be given the Mover and Seconder to introduce the following by-laws, namely: a) Being a by-law to designate the property municipally known as 50 Brookside Crescent in the City of Kitchener as being of historic and cultural heritage value or interest. b) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as public highway in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision 30T-88054.) C) Being a by-law to provide for the establishing and laying out of part of Field Sparrow Crescent as public highway in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision 30T-04210.) COUNCIL MINUTES AUGUST 26, 2019 -142- CITY OF KITCHENER d) Being a by-law to name private roads as Jessica Crescent and Rachel Crescent in the City of Kitchener. e) Being a by-law to name a private road as Gleason Crescent in the City of Kitchener. f) 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.) g) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By- law Enforcement. (Amends Schedule A' to delete the names of Municipal Enforcement Officers.) h) 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.) i) 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.) j) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (Amends Chapter 101 of the Municipal Code to add ordelete names of Officers.) k) Being a by-law to exempt certain lots from Part Lot Control — Block 189 and Part of Block 190, Registered Plan 58M-631 — Reistwood Drive, Stonehill Avenue and Tartan Avenue. (Exempts lands shown on Reistwood Drive, Stonehill Avenue and Tartan Avenue from Part Lot Control for a two year period.) 1) To confirm all actions and proceedings of the Council m) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener Carried. 12. COMMITTEE OF THE WHOLE — On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Acting Mayor S. Marsh was appointed 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 T19-125 One (1) Special Operation Fire Truck, be awarded to Metz Fire & Rescue, Guelph, Ontario, at their tendered price in US dollars of $607,818.38, plus H.S.T. of $79,016.39, for a total of $686,834.77 USD." - and - COUNCIL MINUTES AUGUST 26, 2019 -143- CITY OF KITCHENER "That the City of Kitchener's portion of the City of Guelph's Cooperative Tender 19-129 Supply and Delivery of Treated and Coarse Highway Salt, be awarded to Compass Minerals Canada Corp., Mississauga, Ontario, at their tendered unit prices for the 2019/2020 winter season, with an option to renew for five (5) additional twelve (12) month terms." - and - "That the City of Kitchener's portion of the Region of Waterloo Cooperative Tender, Reference Number: T2019-124, Supply and Delivery of Janitorial Products, be awarded to Weber Supply Company, Kitchener, Ontario, at their tendered unit prices for a three (3) year term, with an option to renew for two (2) additional two (2) year terms." Nolle "That Tender T19-107 Snow Blowing Cul -de -Sacs, be awarded as follows Moorefield Excavating, Harriston, Ontario, Zone 7, at their tendered hourly rate, plus a standby rate of $1,300. per month for five (5) months effective annually from November to March inclusive; Beastmaster Farm, Breslau, Ontario, Zone 6, at their tendered hourly rate, plus a standby rate of $1,300. per month for five (5) months effective annually from November to March inclusive; That Tender T19-157 Snow Blowing Cul -de -Sacs, be awarded as follows: Conestoga Contracting Group Inc., Elmira, Ontario, Zones 5, 8 and 9, at their tendered hourly rate, plus a standby rate of $1,300. per month for each zone for five (5) months effective annually from November to March inclusive; all for a three (3) year term, with an option to renew for one (1) additional two (2) year term." - and — "That Proposal P19-144 Professional Services — Building Condition Assessments, Energy Audits, and Accessibility Audits be awarded to WalterFedy Inc., Kitchener, Ontario, at their tendered price of $181,450., including provisional items of $87,000. plus H.S.T. of $23,588.50, for a total of $205,038.50, based on a satisfactory contract being negotiated and an upset fee being established." Clauses 1, 2, 4, and 5 — Carried. Balance of Report — Carried. Pecuniary Interest and Abstention Councillor J. Gazzola because a member of his family works for the tender awardee. 2. FIN -19-064 — Applications for Cancellation, Refund, Reduction of Taxes It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totalling $545,825.47 as attached to Financial Services Department report FIN -19-064, be approved, pursuant to Section 357 of the Municipal Act." COUNCIL MINUTES AUGUST 26, 2019 -144- CITY OF KITCHENER 3. COR -19-036 — Sign Variances — 907 Frederick Street, Units 3, 4 & 5; 150 Pioneer Drive; and, 2960-3050 Kingsway Drive It was resolved: "That the application of 2541915 ONTARIO INC. (SG 2019-010 - 907 Frederick Street, Units 3, 4 & 5) requesting permission to legalize an existing facia sign having a width of 96% of the building elevation rather than the maximum permitted width of 90%, on Lot 6, Plan 712, Block B, Plan 928, 907 Frederick Street, Units 3, 4 and 5, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division; and further, That the owner shall complete the above noted Condition 1 prior to September 21, 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 CITY OF KITCHENER (SG 2019-015 - 150 Pioneer Drive) requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 59m from a residential zone rather than the required 100m; and, for the sign to have an area of 4.6 sq.m. rather than the maximum permitted 3 sq.m., on Part Block L, Registered Plan 1318, 150 Pioneer Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That approval of sign variance Application SG 2019-014 be generally as per the plans submitted with the application. 2. That the owner shall obtain a sign permit for the proposed business from the Planning Division. 3. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By- law. 4. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 6:00 a.m. 5. That the owner shall provide a site plan demonstrating that the sign location is outside the Driveway Visibility Triangle (DVT) to the satisfaction of the Director of Transportation Services. 6. That the owner shall complete the above noted Conditions 1 to 5 no later than November 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 the decision. Failure to fulfill these conditions will result in this approval becoming null and void. - and - That the application of CADILLAC FAIRVIEW (SG 2019-015 - 2960-3050 Kingsway Drive) requesting permission for an existing commercial plaza (Fairview Mall) to have three signs located on the subject property requiring variances from the Sign By-law specifically as follows: • Water Tower Ground -Supported Sign (located adjacent to Fairway Road South), having a height of 15.24m rather than the maximum permitted height of 7.5m; a sign area of 21.33 sq.m. rather than the maximum permitted 20 sq.m.; to have a separation distance from another ground -supported sign on the subject property of 15.4m rather COUNCIL MINUTES AUGUST 26, 2019 -145- CITY OF KITCHENER than the required 50m; and, to have no civic address on the sign whereas the By-law requires all ground -supported signs to have a civic address; and, Smoke Stack Fascia Sign (Located on the Fairway Road South side of the building adjacent to the former Sears Building), having a sign located on an architectural feature whereas the By-law does not permit signs on an architectural feature; and further, Roof Sign (Former Sears fapade Fairway Road South), having a sign area of 54.22 sq.m. rather than the maximum permitted 10 sq.m.; and, to permit the supporting structure to be visible/not screened whereas the By-law requires the support structures to be screened, on Part Lot 4, Plan 962, Part Lots 10 & 14, Plan 961, being Parts 1-6, 22, 24 & 25 on Reference Plan 58R-1539, 2960 Kingsway Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain sign permits for each sign prior to installation. 2. That the owner shall ensure final sign designs and supporting structures are consistent with the overall dimensions, materials, style, and locations provided in support of sign variance Application SG 2019-015, to the satisfaction of the City's Director of Planning." Death with under Delegations. 4. COR -19-037 — Prohibited Dog Designation Appeal - McIntyre It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Jamie McIntyre, wherein the Committee affirms the Prohibited Dog Designation applied to her dog 'Hope' by the Animal Welfare Agency South Central Ontario, be ratified and confirmed." 5. COR -19-038 — Appointments to Economic Development Advisory Committee It was resolved: "That Matthew Kruschack be appointed as the Technology Sector representative for the Economic Development Advisory Committee for the term ending November 30, 2020; and, That Shannon Weber be appointed as the Education Sector representative for the Economic Development Advisory Committee for the term ending November 30, 2020." 6. COR -19-041 — Encroachment Request — 18 Guelph Street — Sidewalk and Landscaping It was resolved: "Subject to staff approval, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of the property municipally known as 18 Guelph Street to authorize the installation of a sidewalk and landscaping over the City's Guelph Street road allowance." 7. COR -19-042 — Encroachment Request — Queen's Boulevard and Spadina Road — Conduit Installation It was resolved: "Subject to staff approval, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with St. Mary's General Hospital to authorize the installation of conduit underneath the City's Spadina Road and Queen's Boulevard Road allowances." COUNCIL MINUTES AUGUST 26, 2019 -146- CITY OF KITCHENER 8. INS -19-014 — Land Exchange with Waterloo Regional District School Board It was resolved: "That the City's lands legally described as Block 29, Plan 58M-622, be declared surplus to the City's needs; and, That the Mayor and Clerk be authorized to execute a land exchange agreement between the Waterloo Region District School Board and the City of Kitchener under which the parties shall exchange lands for the development of the Tartan Avenue Elementary School (including the Huron-Brigadoon Community Centre) and the development of a neighbourhood Park, said agreement to be satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, said documentation to be satisfactory to the City Solicitor." C. FOR INFORMATION 9. FIN -19-061 — Summary of Bid Solicitations Approved by the Director of Procurement (April 1, 2019 — June 30, 2019.) Pursuant to Chapter 25.10.9 (5) (Procedure) of the Municipal Code, a motion was brought forward by Councillor S. Davey, and seconded by Councillor M. Johnston, to discuss an Information Item, which was voted on and was Carried. Financial Services Department report FIN -19-061 (M. Fisher), dated August 16, 2019 was received as information. It was suggested that in future variance reports staff include a budgeted amount and total contract award amount column for better clarity of bid solicitations. 10. FIN -19-066 — Summary of Tenders Approved by the Chief Administrative Officer Financial Services Department report FIN -19-066 (M. Fisher), dated August 14, 2019 was received as information. 11. FIN -19-040 — Integrity Commissioner Annual Report — July 1, 2018 to June 30, 2019 Financial Services Department report FIN -19-040 (C. Tarling), dated August 2, 2019 was received as information. 13. REPORT OF THE COMMITTEE OF THE WHOLE — On motion, Council rose from the Committee of the Whole and Acting Mayor S. Marsh 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 D. Schnider Seconded by Councillor M. Johnston "That the by-laws be given third reading, namely: COUNCIL MINUTES AUGUST 26, 2019 -147- CITY OF KITCHENER a) Being a by-law to designate the property municipally known as 50 Brookside Crescent in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law No. 2019-093) b) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as public highway in the City of Kitchener. (By-law No. 2019-094) C) Being a by-law to provide for the establishing and laying out of part of Field Sparrow Crescent as public highway in the City of Kitchener. (By-law No. 2019-095) d) Being a by-law to name private roads as Jessica Crescent and Rachel Crescent in the City of Kitchener. (By-law No. 2019-096) e) Being a by-law to name a private road as Gleason Crescent in the City of Kitchener. (By-law No. 2019-097) f) 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. 2019-098) g) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2019-099) h) 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. 2019-100) i) 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. 2019-101) j) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2019-102) k) Being a by-law to exempt certain lots from Part Lot Control — Block 189 and Part of Block 190, Registered Plan 58M-631 — Reistwood Drive, Stonehill Avenue and Tartan Avenue. 1) To confirm all actions and proceedings of the Council. (By-law No. 2019-103) (By-law No. 2019-104) COUNCIL MINUTES AUGUST 26, 2019 -148- CITY OF KITCHENER m) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 2019-105) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:40 p.m. .................... ......... .......................... ......................................... MAYOR CLE K COUNCIL MINUTES AUGUST 26, 2019 -149- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — AUGUST 12, 2019 1. That Council appoint Susan Campbell and Ben Drory as Administrative Monetary Penalty System Hearing Officers, as outlined in Community Services Department report CSD -19-022, for the purposes of the City's Parking Administrative Penalty By-law, for a term ending November 2022 or on such other date as determined by Council or otherwise in accordance with the City's Policy for Appointment of Screening and Hearing Officers; and, That Council establish a per diem honorarium of $260/half day or $520/full day for hearing officers in relation to the City's Parking Administrative Penalty By-law; and, That the Hearing Officers will be indemnified under the City's Indemnification By-law as they are providing a service to the City for which they will receive an honorarium; and further, That Council delegate authority to the City Clerk to execute an agreement, subject to the satisfaction of the City Solicitor, between the City and the respective hearing officers. 2. 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 outlined in Community Services Department report CSD -19-023. This 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; d) The maximum decibel level (dba) audible from a residential area shall not exceed 55 dba; and, e) All events must end no later than 11 p.m. That the Ministry of Municipal Affairs and Housing be requested to consider the lands outlined in Appendix 'A' to Development Services Department report DSD -19-187, which includes the Huron Business Park and the adjacent General and Heavy Industrial Employment areas to the east, as part of the Phase 2 review of Provincially Significant Employment Zones; and, That the Ministry of Municipal Affairs and Housing be requested to also consider the Lancaster Corporate Centre and the Shirley Avenue/Drive industrial area, as part of the Phase 2 review of Provincially Significant Employment Zones; and further, That staff be directed to discuss this matter with the Economic Development Advisory Committee. That the General Manager, Development Services Department be authorized to execute a two- year funding agreement, subject to the satisfaction of the City Solicitor, between the City of Kitchener and the Regional Municipality of Waterloo, to collaborate on delivery of the Self Employment Ontario Works Program; and, That the General Manager, Development Services Department 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 is to the satisfaction of the City Solicitor; and further, COUNCIL MINUTES AUGUST 26, 2019 -150- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE —AUGUST 12, 2019 (CONT'D) That the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute participant agreements to the satisfaction of the City Solicitor for the Self Employment Ontario Works program, as outlined in Development Services Department report DSD -19-182. 5. That the following temporary positions, as outlined in Infrastructure Services Department report INS -19-013, be converted to full-time positions: • Five (5) Parks Maintainers • One (1) Operations Technologist • One (1) Utilities Maintenance Assistant — Gas and Water • Two (2) Office and Program Assistants in Community Centres 6. That an exemption to Chapters 450 (Noise) and 270 (Parks) of the City of Kitchener Municipal Code be granted to residents of the Mt. Hope-Breithaupt Park Neighbourhood, as outlined in Community Services Department report CSD -19-026, for their camping event to be held at Breithaupt Park on Saturday, September 7, 2019 to Sunday, September 8, 2019 between the hours of 3:00 p.m. on Saturday and noon on Sunday. 7. That the City of Kitchener acknowledge that Ridgeview Homes proposes to name a private street 'Hollybrook Crescent' within a vacant land condominium development located at 95 Hollybrook Trail; and further, That the City's Legal Services be directed to proceed with the required advertising, preparation and registration of the necessary by-law for the naming of 'Hollybrook Crescent', as outlined in Development Services Department report DSD -19-177. 8. That the City of Kitchener acknowledge that Activa Holdings Inc. proposes to name a private street 'Bank Swallow Crescent' within a vacant land condominium development located at 665 Blair Creek Drive; and further, That the City's Legal Services be directed to proceed with the required advertising, preparation and registration of the necessary by-law for the naming of 'Bank Swallow Crescent', as outlined in Development Services Department report DSD -19-178. 9. That the Uniform Traffic By-law be amended to permit parking for three (3) consecutive hours on the north (even -numbered) side of North Hill Place from Fairway Drive North to Scenic Drive, as outlined in Development Services Department report DSD -19-179. 10. That uncollectable Miscellaneous Receivable Accounts amounting to $27,012. be written off against the Allowance for Doubtful Receivables, as outlined in Financial Services Department FIN - 19 -047. 11. That uncollectable Utility Accounts amounting to $166,590. be written off against the Allowance for Doubtful Utility Receivables, as outlined in Financial Services Department report FIN -19-062. 12. That the proposed Neighbourhood Speed Limit Review pilot project, outlined in Development Services Department report DSD -19-159, be approved as Phase 1 of an initiative to create safer, slower streets. Carried unanimously on a recorded vote. 13. That bike lanes be installed on Young Street, between Duke Street West and Weber Street West, as outlined in Development Services Department report DSD -19-185; and, That a southbound contraflow bicycle lane be installed on Young Street, between Weber Street West and Ahrens Street West, and sharrows installed within the northbound travel lane; and, COUNCIL MINUTES AUGUST 26, 2019 - 151 - CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE —AUGUST 12, 2019 (CONT'D) That an eastbound contraflow bicycle lane be installed on Duke Street East, between Cedar Street North and Pandora Avenue North; and, That two hour parking be reinstated on the north side of Duke Street East, between Madison Avenue North and Cameron Street North; and further, That the Uniform Traffic By-law be amended accordingly. Dealt with under Delegations and Carried, as amended. 14. That the 2019 budget for Gas Pipelines be increased by $2.1 M to be funded from the Gas Delivery Capital Reserve Fund, as outlined in Infrastructure Services Department report INS -19-012. HERITAGE KITCHENER COMMITTEE — AUGUST 6, 2019 That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-20194- 010, as outlined in Development Services Department report DSD -19-183, be approved to permit the construction of two joined 6 -storey multiple residential buildings on the property municipally addressed as 30-40 Margaret Avenue, in accordance with the plans and supplementary information submitted with the application and subject to the following condition: That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. Dealt with under Delegations and Carried. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-20194- 011 be approved to permit the demolition of an existing accessory structure located on the property municipally addressed as 21 Dill Street, as outlined in Development Services Department report DSD -19-180; and further, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-20194- 012 be approved to permit the construction of an accessory structure on the property municipally addressed as 21 Dill Street, in accordance with the plans and supplementary information submitted with the application and subject to the following condition: That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. AUDIT COMMITTEE — JUNE 24, 2019 That the 2018 Audited Consolidated Financial Statements of the City of Kitchener be approved, as outlined in Financial Services Department report FIN -19-059. Carried unanimously on a recorded vote.