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HomeMy WebLinkAboutCouncil - 2018-12-17COUNCIL MINUTES DECEMBER 17, 2018 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT — The meeting began with the singing of "O Canada". 2. MINUTES — On motion by Councillor J. Gazzola, the minutes of the regular meeting held November 19, 2018 and special meetings held November 19, December 3 & 10, 2018, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor S. Marsh declared a pecuniary interest with respect to Item B.6. on the Committee of the Whole agenda dated this date, as she owns property in close proximity to the subject lands; accordingly, she did not participate in any discussions or voting regarding the matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5. a. 2018 Ontario Building Officials Association Andy Kidd Award Matt Farrell, Ontario Building Officials Association (OBOA) President and Chief Building Official for the Township of Huron -Kinloss; and Aubrey LeBlanc, OBOA Chief Administrative Officer presented Mike Seiling, City of Kitchener Chief Building Official, the 2018 OBOA Andy Kidd Award and lifetime membership to the OBOA. 5. b. K -W Joint Services Initiative Committee 2018 Update Kathryn Dever, Director of Strategy and Corporate Performance presented the K -W Joint Services Initiative Committee 2018 update. Ms. Dever highlighted the 2017-2018 collaborative initiatives between the City of Waterloo and the City of Kitchener, while also sharing the 2018-2019 focus. The Mayor requested staff circulate via email the full comprehensive list of collaborative efforts between the two cities. 6. DELEGATIONS —NIL 7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE — December 10, 2018 Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the Finance and Corporate Services Committee report, dated December 10, 2018, be adopted." Carried. 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE — December 10, 2018 Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That the Planning and Strategic Initiatives Committee report, dated December 10, 2018, be adopted." Carried. 8. UNFINISHED BUSINESS - NIL COUNCIL MINUTES DECEMBER 17, 2018 -169- CITY OF KITCHENER 9. NEW BUSINESS 9. a. Parking on the Apron Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That in accordance with Section 25.7.14 of City of Kitchener Municipal Code Chapter 25 (Procedure) the notice requirements be waived to consider a notice of motion this date regarding parking on the boulevard regulations." 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: Councillors J. Gazzola. Carried on a recorded vote with the required 2/3 majority of Council. Councillor B. loannidis introduced this date a motion regarding a one-year pilot project to permit parking on the boulevard from December 1st to March 31st in Wards 1-4 and Wards 6-10. It was suggested and agreed that Councillor loannidis' motion be withdrawn and brought forward at a special council meeting on January 7, 2019, to allow for public comment and constituency engagement on the proposed pilot program. Councillor S. Marsh introduced a motion, seconded by Councillor B. loannidis, directing staff to suspend enforcement of the by-law preventing parking on driveway aprons until Council can consider the matter on January 7, 2019. Moved by Councillor S. Marsh Seconded by Councillor B. loannidis "That staff be directed to suspend enforcement ofthe by-law preventing parking on driveway aprons until January 7, 2019." Carried. 9. b. Regional Council Update Mayor B. Vrbanovic advised Council that Regional Council would be considering a report on January 8, 2019 regarding the next steps with considering safe consumption sites in the Region of Waterloo. The Mayor explained the new provincial government has capped the number of future consumption sites to 21 across the Province of Ontario with specific implementation criteria. 10. QUESTIONS AND ANSWERS— Councillor NSWERS—Councillor J. Gazzola inquired about the status of the LRT crossing in the Traynor Vanier area. In response to questions, Mr. Justin Readman, General Manager, Development Services, advised the Region of Waterloo and City of Kitchener have been working on the detailed design of the project and expect a second draft to be presented to the City in mid-January. Councillor J. Gazzola inquired about when the traffic light at the intersection of Siebert Avenue and Courtland Avenue would be operational. In response to questions, Mr. Justin Readman, advised Regional staff are currently testing the lights and expect them to be operational by the end of the week. In response to questions, Mr. Dan Chapman, Chief Administrative Officer, advised staff will provide, via e-mail, a status update on two issues relating to the cancellation of an event at a city -owned facility, and an issue that occurred during an event at a city facility. COUNCIL MINUTES DECEMBER 17, 2018 -170- CITY OF KITCHENER 11. BY-LAWS (FIRST READING)— Council EADING)— Council agreed to the request of Ms. Christine Tarling, City Clerk, to add eight additional by-laws for three readings this date; three being zoning amending by-laws respecting Clauses 1, 2, and 3 of the Planning & Infrastructure Services Committee report, and five user fee by-laws respecting Clause 3 of the Finance and Corporate Services Committee report. Moved by Councillor Davey Seconded by Councillor Marsh a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (Amends By-law 88-171 to add or delete areas of jurisdiction) b. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (Amends By-law 2008-117 to add or delete areas of jurisdiction) 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 2008-117 to add or delete areas of jurisdiction) d. To further amend By-law No. 2017-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (Amends the Uniform Traffic By-law) e. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement). (Amends Schedule A' to add or delete the name of a Municipal Enforcement Officer) f. Being a by-law to exempt certain lots from Part Lot Control — Part of Block 22, Registered Plan 58M-504 — 95 Pondcliffe Drive and 87 Doon Creek Street. (To add a lot line previously approved in Part Lot Control By-law No. 2017-087 for 2 single detached dwellings) g. Being a by-law to exempt certain lots from Part Lot Control —Part of Block 116, Registered Plan 58M-474 — 1331 Countrystone Drive. (To create 6 residential lots with rear yard access easements (street townhouse dwellings) and 2 lots for future development) h. To confirm all actions and proceedings of the Council. i. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Alireza Torabi — 307 Highland Road West. j. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Emil Lacko and Emilia Lacko — 42 Windom Road. k. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — City of Kitchener Annual Zoning By-law Update. I. Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. M. Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Business License Fees. o. Being a by-law to amend Chapter 503 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. COUNCIL MINUTES DECEMBER 17, 2018 -171- CITY OF KITCHENER Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. 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 J. Gazzola 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 None. 2. COR -18-020 — Dangerous Dog Designation Appeal — Nadarajah It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Nishanthan Nadarajah, wherein the Committee affirms the Dog Designation and modifies the conditions for the keeping of said dog, be ratified and confirmed." 3. COR -18-019 — Fence Variance — 626 Blair Creek Drive; Sign Variances — 396 Victoria Street North; 321 Fischer Hallman Road; 371 Franklin Street North It was resolved: "That the application of RAMANDEEP and AMANDEEP BRAR (FN 2018-003 - 626 Blair Creek Drive) requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the property line abutting Mistywood Street rather than the required setback of 1.5m, on Lot 8, Registered Plan 58M-558, 626 Blair Creek Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owners shall obtain approval of a landscape plan from the City's Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the site lot line abutting Gravel Ridge Trail. All landscaping shall be completed by December 1, 2019 and shall be maintained in accordance with the approved landscape plan. - and - That the application of 2427100 ONTARIO INC. (SG 2018-013 - 396 Victoria Street North) requesting permission to legalize a ground -supported sign having automatic changing copy located 24.5m from a Residential Zone rather than the required 100m, on Part Lot 245, Plan 374, 396 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division for the addition of the automatic changing copy. That the owner shall ensure the automatic changing copy portion of the sign is turned off between 11 pm and 6 am. COUNCIL MINUTES DECEMBER 17, 2018 -172- CITY OF KITCHENER That the above noted conditions be fulfilled no later than January 1, 2019. Any request for an extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. That approval of sign variance SG 2018-013 shall be in accordance with the plans submitted with the application. - and — That the application of St. George's Anglican Church (SG 2018-014 - 321 Fischer Hallman Road) requesting permission to replace an existing ground -supported sign with another ground -supported sign having automatic changing copy located 11m from a residential zone rather than the required setback of 100m; to be located 15m from another ground -supported sign on the subject property rather than the required 50m distance separation; and, to have a sign area of 3.23 sq.m. rather than the permitted maximum sign area of 3 sq.m., on Part Lot 2, Plan 1019, 321 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy 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. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11:00 pm and 6:00 am. 4. That the above noted Conditions 1 to 3 be fulfilled no later than April 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. 5. The established portable sign location will be removed from our system and no longer available for use. Failure to fulfill these conditions will result in this approval becoming null and void. 6. That approval of sign variance application SG 2018-014 is as per the plans submitted with the subject application. - and - That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2018- 015 - 371 Franklin Street North) requesting permission to legalize a ground -supported sign having automatic changing copy located 23.3m from a residential zone rather than the required setback of 100m, on Block C, Plan 1152, 371 Franklin Street North, 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. 2. 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. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11:00 pm and 6:00 am. COUNCIL MINUTES DECEMBER 17, 2018 -173- CITY OF KITCHENER That the above noted Conditions 1 to 3 be fulfilled no later than April 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. That approval of sign variance application SG 2018-015 is as per the plans submitted with the subject application." 4. DSD -18-193 — Accelerated Grant Payments for the Museum It was resolved: "That the 2019 grant payments for THEMUSEUM be approved through Report DSD -18- 193, in advance of Council budget approval." 5. CORA 8-021 —Appointments to Kitchener Housing and Centre in the Square Council agreed to the request of Ms. Christine Tarling, City Clerk, to consider the recommendation in Report COR -18-021 (C. Tarling), listed on the agenda this date as an Information Item. It was resolved: "That the current appointments to Kitchener Housing Inc. and Centre in the Square Board of Directors be extended until January 31, 2019." 6. Litigation/Potential Litigation / Solicitor -Client Privilege (Local Planning Act Tribunal Appeal — 20 Breithaupt Street) Council agreed to the request of Ms. Christine Tarling, City Clerk, to consider a motion arising from an in -camera meeting this date regarding 20 Breithaupt Street. It was resolved: "That the City Solicitor or her designate be authorized to execute confidential minutes of settlement or other documents to give effect to the resolution of appeals in relation to 20 Breithaupt Street discussed and instructions given at the in -camera meeting on City Council on December 17, 2018." Pecuniary Interest & Abstention: Councillor S. Marsh as she owns property in close proximity to the subject lands; accordingly, she did not participate in any discussions or voting regarding the matter. 7. Litigation/Potential Litigation / Solicitor -Client Privilege (Local Planning Act Tribunal Appeals — Settlement) 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 settlement of Local Planning Act Tribunal Appeals. It was resolved: "That the City Solicitor or her designate be authorized to execute confidential minutes of settlement or other documents to give effect to the resolution of appeals of any other appeals discussed and instructions given at the in -camera meeting on City Council on December 17, 2018." COUNCIL MINUTES DECEMBER 17, 2018 -174- CITY OF KITCHENER 8. COR -18-022 — Multi -Party Emergency Alert Agreement Council agreed to the request of Ms. Christine Tarling, City Clerk, to consider Report COR -18-022 (T. Mazurka) dated December 17, 2018 regarding a Multi -Party Emergency Alert Agreement. It was resolved: "That the CAO be authorized to execute a multi-party Emergency Alert System Agreement for the grant of a license to access and use mass notification technology from Everbridge which has been procured by the Region of Waterloo; and further, That said agreement to be to the satisfaction of the City Solicitor." C. FOR INFORMATION 9. FIN -18-035 — Summary of Bid Solicitations Approved by the Director of Supply Services or Designate (July 1, 2018 — September 30, 2018) Attached is Financial Services department report FIN -18-035 (M. Fisher), dated August 15, 2018. 10. FIN -18-044 — Summary of Tenders Approved by the Chief Administrative Officer Attached is Financial Services department report FIN -18-044 (M. Fisher), dated December 5, 2018. tK31111N:10i]:iIKi]a1:I:9di1LVA ILVA 111a14:9i1a1:PILTA01IQ11:1112 On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor P. Singh "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 S. Davey Seconded by Councillor S. Marsh "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. 2018-115) 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. 2018-116) 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. 2018-117) COUNCIL MINUTES DECEMBER 17, 2018 -175- CITY OF KITCHENER d To further amend By-law No. 2017-138, 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. 2018-118) e. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement). (By-law No. 2018-119) f. Being a by-law to exempt certain lots from Part Lot Control — Part of Block 22, Registered Plan 58M-504 — 95 Pondcliffe Drive and 87 Doon Creek Street. (By-law No. 2018-120) g. Being a by-law to exempt certain lots from Part Lot Control — Part of Block 116, Registered Plan 58M-474 — 1331 Countrystone Drive. h. To confirm all actions and proceedings of the Council. (By-law No. 2018-121) (By-law No. 2018-122) i. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Alireza Torabi — 307 Highland Road West. (By-law No. 2018-123) j. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Emil Lacko and Emilia Lacko — 42 Windom Road. (By-law No. 2018-124) k. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — City of Kitchener Annual Zoning By-law Update. (By-law No. 2018-125) I. Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (By-law No. 2018-126) M. Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law No. 2018-127) n. Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Business License Fees. (By-law No. 2018-128) o. Being a by-law to amend Chapter 503 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2018-129) p. Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. (By-law No. 2018-130) DECEMBER 17, 2018 COUNCIL MINUTES -176- CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:45 p.m. MAYOR COUNCIL MINUTES DECEMBER 17, 2018 -177- CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE — DECEMBER 10, 2018 1. That the Ministry of Transportation, Ontario (MTO) and its contractors be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the geotechnical and pavement investigation drilling for the preliminary detail design for the new Highway 7/85 Interchange in the City of Kitchener. The request for the noise by-law exemption is between the hours of 7:00 p.m. and 7:00 a.m. for the period of January 7 to May 3, 3019, as outlined in Development Services Department report DSD -18-144. 2. That Council support the City of Kitchener's Disaster Mitigation and Adaptation Fund application and commits to providing relevant municipal funding; and further, That the Chief Administrative Officer or a General Manager is hereby authorized to execute the Disaster Mitigation and Adaptation Fund (DMAF) application, a DMAF Transfer Payment Agreement with Infrastructure Canada, and any other DMAF related documentation; said agreement and other related documentation to be to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD -18-168. 3. That the proposed fees and charges contained in the 2019 User Fee Schedule attached to Financial Services Department report FIN -18-042 be approved; save and except for the following: • user fee identified as Item 992 -Golf Membership -Junior Pee -Wee, Bantam midget which shall be $425. for 2019 and $450. for 2020; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications. 4. That staff be directed to proceed with the immediate repair of a segment of Sanitary Sewer on Dalewood Drive to address ongoing sewage backup issues, with funding for the repair to be allocated from the Sanitary Sewer Maintenance Account, as outlined in Development Services Department report DSD -18-167. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — DECEMBER 10, 2018 That Zoning By-law Amendment application ZC18/002/H/CD for Alireza Torab requesting a change from Residential Five Zone (R-5) to Residential Five Zone (R-5) with Special Use Provision 471U on the parcel of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated November 2, 2018, attached to Development Services Department report DSD -18-126 as Appendix A; and further, That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC18/002/H/CD. That Zoning By-law Amendment Application ZC16/001/W/ATP for Emil Lacko and Emilia Lacko be approved in the form shown in the "Proposed By-law" and "Map No. 1" attached to Development Services Department report DSD -18-165 as Appendix A; and further, 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 ZC1 6/001 /W/ATP. That City -initiated amendment ZC18/010/COK/JVW (Annual Zoning By-law Update) to Zoning By-law 85-1, be approved in the form shown in the "Proposed By-law" dated October 30th, 2018, attached to Development Services Department report DSD -18-166.