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HomeMy WebLinkAboutCouncil Minutes - 2019-03-04COUNCIL MINUTES MARCH 4, 2019 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor P. Singh. 1. COMMENCEMENT— The OMMENCEMENT—The meeting began with the singing of "O Canada" by the Girl Guides of Canada. 2. MINUTES — On motion by Councillor S. Davey, the minutes of the regular meeting held January 29, 2019 and special meetings held January 29, 31 & February 25, 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 a. Flag Request under Policy MUN-FAC-442: • IRL: Irish Real Life Festival — March 9-17, 2019. 5. PRESENTATIONS — NIL 6. DELEGATIONS Council considered Financial Services Department report FIN -19-018 (S. Saleh), dated February 15, 2019. Moved by Councillor B. loannidis Seconded by Councillor K. Galloway-Sealock "That the applications to City Council for cancellation, reduction, refund of taxes totalling $165,007.37 as attached to Finance and Corporate Services Department report FIN -19-018, be approved, pursuant to Section 357 of the Municipal Act." Carried. 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — FEBRUARY 25, 2019 Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That the Community and Infrastructure Services Committee report, dated February 25, 2019, be adopted." Carried. 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE — FEBRUARY 25, 2019 Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That the Planning and Strategic Initiatives Committee report, dated February 25, 2019, be adopted." Carried. 7. REPORTS OF COMMITTEES— HERITAGE KITCHENER COMMITTEE— FEBRUARY 5, 2019 Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman COUNCIL MINUTES MARCH 4, 2019 -43- CITY OF KITCHENER "That the Heritage Kitchener report, dated February 5, 2019, be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS 9. a. Traffic Calming Review - Westwood Drive Councillor M. Johnston has given notice that she will introduce the following motion for consideration this date to address traffic safety on Westwood Drive. Moved by Councillor M. Johnston Seconded by Councillor S. Marsh "WHEREAS the residents of Westwood Drive are concerned about traffic safety; THEREFORE BE IT RESOLVED that seasonal traffic calming measures be installed along Westwood Drive in 2019; and, BE IT FURTHER RESOLVED that Transportation Services review the existing on -street parking regulations and report back to Council recommending the removal of any redundant regulations that were in place to serve the elementary school; and, BE IT FURTHER RESOLVED that Transportation Services collect traffic data in 2019 to determine if a formal traffic calming review is warranted in 2020; and further, BE IT FINALLY RESOLVED that Transportation Services collect traffic data annually thereafter ad per conditions of the City's approved Traffic Calming policy." Carried. 9. b. Regional Council Update Mayor B. Vrbanovic advised there was no Regional Council update this date. 10. QUESTIONS AND ANSWERS Mr. J. Readman, General Manager, Development Services Department, provided a status update on the Traynor -Vanier Light Rail Transit (LRT) pedestrian crossover. 11. BY-LAWS (FIRST READING) — Council agreed to the request of Mr. J. Bunn, Deputy Clerk, to add two additional by-laws for three readings this date regarding a Zone Change and Official Plan Amendment for the property municipally addressed as 146 Trafalgar Avenue, listed as Clause 1 on the Planning and Strategic Initiatives Committee report dated February 25, 2019. Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (Amends By-law 88-171 to add or delete areas of jurisdiction.) b. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (Amends By-law 2008-117 to add or delete areas of jurisdiction.) COUNCIL MINUTES MARCH 4, 2019 -44- 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. (Amends By-law 2010-190 to add or delete areas of jurisdiction.) d. Being a by-law to amend the Responsible Dog Ownership By-law 2014-138. (To make this by-law a part of the City of Kitchener Municipal Code numbered as Chapter 420.) e. Being a by-law to amend the Dog Designations By-law 2014-142. (To make this by-law a part of the City of Kitchener Municipal Code numbered as Chapter 421.) f. Being a by-law to provide for the establishing and laying out of part of Fallowfield Drive as public highway in the City of Kitchener. (Conveys 0.3m reserves.) g. Being a by-law to provide for the establishing and laying out of part of Strasburg Road as a public highway in the City of Kitchener. (To establish a 1" informal reserve along frontage of 1655 Strasburg Road, 1735 Strasburg Road and part of 1655 Strasburg Road.) h. To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE - On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor 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." B. ADMINISTRATIVE REPORTS Tenders It was resolved: "That Tender T19-004 Ahrens Street West (Hartwood Avenue to Guelph Street) Road Reconstruction, be awarded to J. Weber Contracting Limited, Breslau, Ontario, at their tendered price of $1,741,174.66, including provisional items and contingencies of $170,440., plus H.S.T. of $226,352.71, for a total of $1,967,527.36." -and- "That Tender T19-001 Road Improvements, Road Surface Construction, Miscellaneous Asphalt and Concrete Work, be awarded to Ekum-Sekum o/a Brantco Construction, Cambridge, Ontario, at their tendered price of $5,734,513.27, including contingencies of $250,000., plus H.S.T. of $745,486.73, for a total of $6,480,000." -and- "That Proposal P19-036 Professional Services 2019/2021 City -Wide SWM Monitoring Program, be awarded to GHD Limited, Waterloo, Ontario, at their adjusted proposed price of $817,545.64, including contingency of $74,322.24 plus H.S.T. of $106,280.80, for a total of $923,825.44, for a three (3) year term, based on a satisfactory contract being negotiated." -and- "That Tender T19-008 Natural Gas and Water Infrastructure Locate Services, be awarded to Canadian Locators Inc., Markham, Ontario, at their tendered price of $409,290. plus H.S.T. of $53,207.70, for a total of $462,497.70 for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." COUNCIL MINUTES MARCH 4, 2019 -45- CITY OF KITCHENER lir! "That Tender T19-029 Natural Gas Meter Set Installation and Inspection Services, be awarded to Lakeside Performance Gas Services, Kitchener, Ontario, at their tendered price of $40,001.06, plus H.S.T. of $5,200.14, for a total of $45,201.20, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." 2. COR -19-013 — Sign Variances —151 Zeller Drive and 222 Chandler Drive It was resolved: "That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2019- 003 - 151 Zeller Drive) requesting permission to replace an existing sign with a ground - supported sign having automatic changing copy located 13.6m from a residential zone rather than the required 100m, on Part Lot 119, German Company Tract, being Parts 1 & 2 on Reference Plan 58R-7338, 151 Zeller Drive, 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 messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 10:00 p.m. and 6:00 a.m. 4. That the above noted Condition 1 shall be completed prior to September 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 CITY OF KITCHENER (SG 2019-004 - 222 Chandler Drive) requesting permission to replace an existing sign with a ground -supported sign having automatic changing copy located 24m from a residential zone rather than the required 100m; being 2.6m from an intersection rather than the required setback of 23m; and, having a sign area of 44% rather than the permitted maximum sign area of 30%, on Part Lot 48, German Company Tract, Part Block EE, Plan 1240, Part Blocks S & Q, Plan 1242, being Parts 1 & 2 on Reference Plan 58R-7799, 222 Chandler Drive, 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 messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 10:00 p.m. and 6:00 a.m. 3. That the above noted Condition 1 shall be completed prior to September 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." 3. COR -19-014 — Potentially Dangerous Dog Designation Appeal — Grigsby and Mansbridge It was resolved: "That the decisions of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Jessi Grigsby and Mr. Joshua Mansbridge, wherein the Committee affirms the COUNCIL MINUTES MARCH 4, 2019 -46- CITY OF KITCHENER Potentially Dangerous Dog Designations and modifies the conditions for the keeping of said dogs, be ratified and confirmed." 4. COR -19-015— Region of Waterloo Planning and Works Project Team Appointments A motion was brought forward by Mayor B. Vrbanovic to approve the recommendation outlined in Corporate Services Department report COR -19-015. Councillor S. March brought forward an amendment to Mayor Vrbanovic's motion to substitute C. Michaud with S. Marsh for the Spring Valley Pumping Station Class EA Study Team, noting the location of the pumping station is within Ward 10. It was resolved: "That Councillor S. Marsh be appointed to the Region of Waterloo King Victoria Transit Hub Steering Committee; That Councillor M. Johnston be appointed to the Victoria Street Reconstruction, Lawrence Avenue to Fischer Hallman Road and Westmount Road, Victoria Street to Glasgow Street Study Team; and, That Councillor D. Chapman be appointed to the William Street and Strange Street Water Supply Upgrades Study Team; and further, That Councillor S. Marsh be appointed to the Spring Valley Pumping Station Class EA Study Team." 5. FIN -19-018 - Applications for Cancellation, Refund, Reduction of Taxes - March 4th Hearing (Dealt with under delegations and Carried.) 6. COR -19-016 — Encroachment Request — 57 Chestnut Street It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of 57 Chestnut Street 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 C. Michaud "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 J. Gazzola Seconded by Councillor D. Chapman "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. MARCH 4, 2019 COUNCIL MINUTES -47- CITY OF KITCHENER (By-law No. 2019-017) b) To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2019-018) c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2019-019) d) Being a by-law to amend the Responsible Dog Ownership By-law 2014-138. (By-law No. 2019-020) e) Being a by-law to amend the Dog Designations By-law 2014-142. (By-law No. 2019-021) f) Being a by-law to provide for the establishing and laying out of part of Fallowfield Drive as public highway in the City of Kitchener. (By-law No. 2019-022) g) Being a by-law to provide for the establishing and laying out of part of Strasburg Road as a public highway in the City of Kitchener. (By-law No. 2019-023) h) To confirm all actions and proceedings of the Council. (By-law No. 2019-024) i) Being a by-law to adopt Amendment No 5 to the Official Plan. (By-law No. 2019-025) j) Being a by-law to amend By-law 85-1, as amended, known as the zoning By-law for the City of Kitchener - Blaze Properties Inc. - 146 Trafalgar Avenue. (By-law No. 2019-026) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 7:26 p.m. v M MAYOR CLLRK COUNCIL MINUTES MARCH 4, 2019 -48- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — FEBRUARY 25, 2019 1. That the north side of Connaught Street (even -numbered houses) between Second Avenue and Third Avenue be approved for sidewalk infill as per the Sidewalk Infill Policy MUN-STR-2004 approved by Council June 1, 2015, as outlined in Development Services Department report DSD - 19 -025. 2. That the Uniform Traffic By-law be amended for the installation of a traffic signal at the intersection of Doon Village Road and Bechtel Drive, as outlined in Development Services Department report DSD -19-043. 3. That the draft By-law to amend By-law 2014-138 (Responsible Dog Ownership By-law) attached to Corporate Services Department report COR -19-011 be enacted; and further, That the draft By-law to amend By-law 2014-142 (Dog Designations By-law) attached to Report COR -19-011 be enacted. 4. That uncollectable Miscellaneous Receivable Accounts amounting to $50,985. be written off against the Allowance for Doubtful Receivables, as outlined in Financial Services Department report FIN -19-010. 5. That uncollectable Utility Accounts amounting to $293,977. be written off against the Allowance for Doubtful Utility Receivables, as outlined in Financial Services Department report FIN -19-011. 6. That the 2018 City of Kitchener Drinking Water Quality Management Standard (DWQMS) Management Review Summary for 2018 report be received for information, as outlined in Infrastructure Services Department report INS -19-003. 7. That staff be directed to publish a development charge background study and hold a statutory public meeting prior to passing a By-law to authorize the collection of development charges as required under section 12 of the Development Charges Act, as outlined in Financial Services Department report FIN -19-013. 8. That traffic calming reviews be initiated in 2019, as outlined in Development Services Department report DSD -19-044 for the following roadways: • Holborn Drive - between River Road and Shaftsbury Drive; • Deer Ridge Drive; and, • Robert Ferrie Drive - between South Creek Drive and Doon South Drive. 9. That the 2018 City of Kitchener Summary Drinking Water Report be received for information as required by O. Reg. 170/03 Schedule 22 of the Safe Drinking Water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water report to the Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg. 170/03, as outlined in Infrastructure Services Department report INS -19-004. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — FEBRUARY 25, 2019 1. That the Official Plan Amendment Application OPA/18/004/T/KA for Blaze Properties Inc. requesting a change to the Land Use Designation, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -19-005 as Appendix "A", for the lands specified and illustrated as the "Area of Amendment' on Schedules "A" and "B" thereto, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA/18/005/T/KA for Blaze Properties Inc., be approved, in the form shown in the "Proposed By-law" and "Map No. 1" attached to report DSD -19- 005 as Appendix "B"; and further, That in accordance with the 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 ZBA/18/005/T/KA. COUNCIL MINUTES MARCH 4, 2019 -49- CITY OF KITCHENER PLANNING AND STRATEGIC INITIATIVES COMMITTEE — FEBRUARY 25, 2019 (CONT'D) 2. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Condominium Application 30CDM-18205 in the City of Kitchener, for Cook Homes Limited, subject to the conditions attached to Development Services Department report DSD -19-001 as Appendix "A". HERITAGE KITCHENER COMMITTEE — FEBRUARY 5, 2019 That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally addressed as 50 Brookside Crescent as being of cultural heritage value or interest, as outlined in Development Services Department report DSD -19-027.