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HomeMy WebLinkAboutCouncil - 2018-11-19COUNCIL MINUTES NOVEMBER 19, 2018 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor B. loannidis. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by the Jean Steckle Choir. 2. MINUTES — On motion by Councillor S. Davey, the minutes of the regular meeting held September 24, 2018 and special meetings held September 24 & November 5, 2018, 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 — a. Flag Requests under Policy MUN-FAC-442: • Canadian Turkish Community — November 1-5, 2018. b. Certificate of Election Results • Council was previously circulated with a link to the certified results of the October 22, 2018 Municipal Election Results, certified by C. Tarling, City Clerk. 5. PRESENTATIONS — 5. a. Certificate of Service Mayor B. Vrbanovic presented a Certificate of Service to Councillors F. Etherington, Y. Fernandes and Z. Janecki acknowledging their service to the City of Kitchener as members of Council from 2010-2018. 5. b. 2018 Ontario Building Officials Association Andy Kidd Award Mayor B. Vrbanovic informed Council the 2018 Ontario Building Officials Association Andy Kidd Award would be presented at the December 17, 2018 Council meeting. 6. DELEGATIONS — Unregistered Delegation — Sign Variance — 505 Franklin Street North/39 Midland Drive, 1700 Queens Boulevard and 22 Fredrick Street Council considered Corporate Services Department report COR -18-015 (D. Saunderson) listed as Item B.2 on the Committee of the Whole agenda dated this date. Moved by Councillor Y. Fernandes Seconded by Councillor P. Singh "That the application of CITY OF KITCHENER (SG 2018-010 — 505 Franklin Street North/39 Midland Drive) requesting permission to replace the existing ground - supported sign with a ground -supported sign having automatic changing copy located 23m from a Residential Zone rather than the required 100m; and, an area of 55% of the sign face to have automatic changing copy rather than the maximum permitted 30%, on Block D, Plan 1170, Part Block A, Plan 1152, 505 Franklin Street North/39 Midland Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 3. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. COUNCIL MINUTES NOVEMBER 19, 2018 _155- CITY OF KITCHENER That Condition 1 above shall be completed prior to January 2, 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 2018-011 - 1700 Queens Boulevard) requesting permission to install a ground -supported sign having automatic changing copy located 26m from a Residential Zone rather than the required 100m; and, an area of 39% of the sign face to have automatic changing copy rather than the maximum permitted 30%, on Part Block A, Plan 1384, being Part 1 on Reference Plan 58R-10273, 1700 Queens Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division 2. That the owner shall ensure the existing sign is removed prior to the installation of the new automatic changing copy. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 4. That Condition 1 above shall be completed prior to January 2, 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 EUROPRO (KITCHENER) GP INC. (SG 2018-012 - 22 Frederick Street) requesting permission to install a ground -supported sign on the subject property currently zoned D-1 (Retail Core Zone), whereas the By-law does not permit ground -supported signs in a D-1 Zone, on Part Lot 13, Plan 364, Part Lot 2, Plan 401, Part Lots 13 & 14, Eby's 'B' Survey, being Parts 2 7, 9, 10 & 12 on Reference Plan 58R-445 and Part 1 on Reference Plan 58R-10535, 22 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Sign Permit for the proposed business from the Planning Division." Carried. 6. a. Notice of Intention to Designate — 200 Fairway Road South Ms. Sandra Parks, Ms. Kae Elgie and Mr. Simon Panziera were in attendance to speak in support of the Intention to Designate the property municipally addressed as 200 Fairway Road South, commonly known as the Sears building, pursuant to Section 29 of the Ontario Heritage Act. Mr. Slavko Miladinovic was in attendance to speak in opposition of the Propsed Intention to Designate and spoke in favour of the Notice of Intention to Demolish. Mr. Finley McEwen, Cadillac Fairview, applicant, and Ms. Kristen Barisdale, GSP Group Inc., were in attendance to speak in favour of the Notice of Intention to Demolish and the staff recommendation presented to Heritage Kitchener on November 6, 2018 outlined in in DSD -18-147. Mr. McEwen explained the proposed design of the new building pays homage to the fagade of the original building, and includes a commemorative plaque to explain the architectural and historical importance of the original building design. COUNCIL MINUTES NOVEMBER 19, 2018 -156- CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor Z. Janecki "That, in response to the written Notice of Intention to Demolish dated August 9, 2018 and deemed complete on October 16, 2018, submitted in accordance with Section 27(3) of the Ontario Heritage Act and having regard to the property municipally addressed as 200 Fairway Road South, commonly known as the Sears building; the Clerk be directed to issue a Notice of Intention to Designate 200 Fairway Road South pursuant to Section 29 of the Ontario Heritage Act, so as to provide Council the authority to deny the demolition of the Sears building, as outlined in Development Services Department report DSD -18- 147." In Favour: Councillors Z. Janecki, Y. Fernandes and F. Etherington. Contra: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Marsh, D. Schnider, K. Galloway- Sealock, S. Davey and P. Singh. Absent: Councillor B. loannidis LOST on a recorded vote. Councillor J. Gazzola brought forward the staff recommendation outlined in DSD -18-147, seconded by Councillor P. Singh, to allow the Notice of Intention to Demolish to run its course. Moved by Councillor J. Gazzola Seconded by Councillor P. Singh "That, in accordance with Section 27(3) of the Ontario Heritage Act, the written Notice of Intention to Demolish dated August 9, 2018 and deemed complete on October 16, 2018 regarding the property municipally addressed as 200 Fairway Road South and commonly known as the Sears building, be received for information, and that the notice period run its course." In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Marsh, D. Schnider, K. Galloway-Sealock, S. Davey and P. Singh. Contra: Councillors Z. Janecki, Y. Fernandes and F. Etherington. Absent: Councillor B. loannidis Carried on a recorded vote. 6. Unregistered Delegation — Cycling Safety Moved by Councillor S. Marsh Seconded by Councillor P. Singh "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 cycling safety." Carried. Ms. Louise Kraemer was in attendance with respect to cycling safety and roadway curbs. COUNCIL MINUTES NOVEMBER 19, 2018 -157- CITY OF KITCHENER 7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE — November 5, 2018 Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That Clauses 1 and 2 of the Finance and Corporate Services Committee, dated November 5, 2018, be adopted." Councillor J. Gazzola requested Clause 2 of the Finance and Corporate Services Committee report be voted on separately. An amendment was brought forward by Councillor S. Marsh, seconded by Councillor Y. Fernandes, to amend Clause 1 of the Finance and Corporate Services Committee report to direct staff to include the Reep grant in the annual Kitchener Utilities Operating Budget beginning with the 2020 budget, and that the Environmental Advisory Committee continue to receive annual updates from Reep for comment and input. Councillor Marsh's amendment was voted on and was Carried. Clause 1 (Reep Grant — as amended) — Carried. Clause 2 (Community Grants) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors S. Marsh, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, F. Etherington and P. Singh. Contra: Councillors J. Gazzola and Z. Janecki. Absent: Councillor B. loannidis 7. REPORTS OF COMMITTEES — PLANNING AND STRATETGIC INITIATIVES COMMITTEE — November 5, 2018 Moved by Councillor P. Singh Seconded by Councillor F. Etherington "That Clauses 1 and 2 of the Planning and Strategic Initiatives Committee report dated November 5, 2018, be adopted." Carried. 7. REPORTS OF COMMITTEES —HERITAGE KITCHENER —November 6, 2018 Dealt with under Delegations. 8. UNFINISHED BUSINESS - NIL 9. NEW BUSINESS 9.a. Regional Council Update— NIL COUNCIL MINUTES NOVEMBER 19, 2018 _158- CITY OF KITCHENER 10. QUESTIONS AND ANSWERS— Councillor NSWERS— Councillor J. Gazzola inquired about the status of the LRT crossing in the Traynor Vanier area, and the land acquisition required to facilitate the pedestrian crossing. In response to questions, Mr. Justin Readman, General Manager, Development Services, advised the Region of Waterloo has received a draft report on the pedestrian LRT crossing. He further noted discussions have begun with property owners regarding land acquisition. Mayor B. Vrbanovic requested staff follow up with members of Council via email with respect to the Weber Street construction project and investigate if colder weather will affect the quality of the work being completed. 11. BY-LAWS (FIRST READING)— Moved EADING)— Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (Amends By-law 88-171 to add or delete areas of jurisdiction) b. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off- street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (Amends By-law 2008-117 to add ordelete areas of jurisdiction) c. 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) d. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (Amends Schedule A' and Schedule `E) e. Being a by-law to provide for the stablishing and laying out of part of Falconridge Drive as public highway in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision Agreement, Block 222, 58M-512) f. Being a by-law to exempt certain lots from Part Lot Control — Part Lots 13 to 18 inclusive, 58M- 615 (Sportsman Hill Street) and Part Lots 71 to 74 inclusive, 77 to 79 inclusive, 82 to 86 inclusive and 91 to 96 inclusive, 58M-616 (Sportsman Hill Street and Ridgemount Street). (To allow the creation of rear yard access easements for 40 street -fronting townhouse dwellings) g. To confirm all actions and proceedings of the Council. 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 S. Davey as Chair. A. BY-LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." COUNCIL MINUTES NOVEMBER 19, 2018 _159- CITY OF KITCHENER �M11kyi110111.11:LTdIkyj:8 :1ai]:i&1M COR -18-015 — Sign Variance — 505 Franklin Street North/39 Midland Drive, 1700 Queens Boulevard and 22 Frederick Street Dealt with under Delegations. COR -18-017 — Request to Declare Surplus to the City's Needs Part of Lots 151 and 152, German Company Tract Being Part 1 on Reference Plan 58R-19939 and Convey Same to the Regional Municipality of Waterloo for Road Widening Purposes It was resolved: "That the City declare surplus to its needs the lands legally described as part of Lots 151 and 152, German Company Tract being Part 1 on Reference Plan 58R-19939 and convey same to The Regional Municipality of Waterloo for road widening purposes; That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor." 4. COR -18-018 — Encroachment Request — 56 Cameron Street North It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of 56 Cameron Street North for the creation of two parking spaces in front of the property which will encroach on the City's road allowance." 13. REPORT OF THE COMMITTEE OF THE WHOLE — On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor S. Davey Seconded by Councillor F. Etherington "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. 14. BY-LAWS (THIRD READING) - Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki "That the by-laws be given third reading, namely: a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2018-106) b. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2018-107) COUNCIL MINUTES NOVEMBER 19, 2018 -160- CITY OF KITCHENER C. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 2018-108) d. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2018-109) e. Being a by-law to provide for the stablishing and laying out of part of Falconridge Drive as public highway in the City of Kitchener. (By-law No. 2018-110) f. Being a by-law to exempt certain lots from Part Lot Control — Part Lots 13 to 18 inclusive, 58M-615 (Sportsman Hill Street) and Part Lots 71 to 74 inclusive, 77 to 79 inclusive, 82 to 86 inclusive and 91 to 96 inclusive, 58M-616 (Sportsman Hill Street and Ridgemount Street). By-law No. 2018-111) g. To confirm all actions and proceedings of the Council. (By-law No. 2018-112) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:57 p.m. ._.�.......r_................C��`�-�-.................. AYOR CLE.K COUNCIL MINUTES NOVEMBER 19, 2018 - 161 - CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE — NOVEMBER 5, 2018 1. That subject to the 2019 budget deliberations, $30,907 be allocated to Waterloo Region Green Solutions, Residential Energy Efficiency Project (Reep), as part of the Utilities 2019 Capital Budget, as outlined in Development Services Department report DSD -18-145; and, That staff be directed to include the Reep grant in the annual Kitchener Utilities Operating Budget going forward, starting with the 2020 budget; and further, That the Environmental Advisory Committee continue to receive annual updates from Reep for comment and input. Carried, as amended. That the community grant (Tier 1 and Tier 2) appeals process be delegated to a panel of staff on a permanent basis, as outlined in Community Services Department report CSD -18-088. Carried on a recorded vote. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — NOVEMBER 5, 2018 1. WHEREAS the City of Kitchener ("City") has striven for many years within its jurisdiction to promote energy conservation, emissions reductions and cleaner air through its many plans, policies, programs and practices supported by the Kitchener Strategic Plan and Kitchener's Strategic Plan for the Environment; and, WHEREAS the City has unanimously endorsed a community greenhouse gas reduction target of 80% below 2010 levels by 2050; and, WHEREAS home energy retrofit programs achieve greater savings and greater greenhouse gas reductions; and, WHEREAS home energy retrofits generate jobs in the green sector; and, WHEREAS home energy retrofit incentives and rebates leverage additional private investment; and further, THEREFORE BE IT RESOLVED that the Mayor on behalf of City Council be directed to forward this resolution to the Right Honourable Justin Trudeau, Prime Minister of Canada and the Honourable Amarjeet Sohi, Minister of Natural Resources and the Association of Ontario Municipalities (AMO), to establish a federal residential retrofit incentive program in the Province of Ontario. 2. That the Vision Statement for 152 Shanley Street, attached to Development Services Department report DSD -18-143 as Appendix 'A', be adopted; and, That the advertisement of the property a second time under the tax sale process commence in January 2019; and further, That the Vision Statement be released as part of the tax sale advertisement to provide guidance and support to the processing of future Planning Act applications to facilitate the redevelopment of 152 Shanley Street. HERITAGE KITCHENER —NOVEMBER 6, 2018 1. That, in accordance with Section 27(3) of the Ontario Heritage Act, the written Notice of Intention to Demolish dated August 9, 2018 and deemed complete on October 16, 2018 regarding the property municipally addressed as 200 Fairway Road South and commonly known as the Sears building, be received for information, and that the notice period run its course." Carried on a recorded vote.