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HomeMy WebLinkAboutCouncil Minutes - 2019-12-16COUNCIL MINUTES DECEMBER 16, 2019 CITY OF KITCHENER The Council of the City of Kitchener met this date at 7:10 p.m. with all members present. 1. COMMENCEMENT — The meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada". A moment of silence was observed for Mervyn James Villemaire, former City and Regional Councillor. 2. MINUTES — On motion by Councillor P. Singh, the minutes of the regular meeting held October 28, 2019, and special meetings held October 28, November 25, December 2 & 9, 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. ILE—a. We continue to acknowledge receipt from various municipalities of Council's resolution regarding consumer packaging and single -use disposable wipes. 5. PRESENTATIONS — Mayor B. Vrbanovic presented service recognition awards to Councillor D. Schnider and Councillor S. Marsh, celebrating their fifth anniversary of becoming a member of City Council on December 1, 2014. Councillor P. Singh presented a service recognition award to Mayor B. Vrbanovic, celebrating his 25th anniversary of becoming a member of City Council on December 5, 1994. 5.a. Age -Friendly Action Plan: 2019 Progress Report Mr. Troy Boettinger, Mayor's Advisory Council for Kitchener Seniors (MACKS) was in attendance to present the Age -Friendly Action Plan: 2019 Progress Report. Mr. Boettinger outlined the age -friendly vision of "a community in which we can all live well and age well", and addressed the priority areas of focus which include sidewalk maintenance and snow removal; a block connecter program; communication and information; and, supportive and inclusive programs and activities. 5.b & 5.c. Committee of Adjustment Application A 2019-123 —181-197 Frederick Street & 143, 145 & 147 Lancaster Street East Ms. Angela Carter, Ms. Moira King, Ms. Kelly -Ann Callaghan, Ms. Tanya Schmah, Ms. Tracy Poizner and Messrs John Peters, and John Ryrie were in attendance to speak in opposition to Committee of Adjustment application A 2019-123, for the properties municipally addressed as 181-197 Frederick Street & 143, 145 & 147 Lancaster Street East. Those in opposition raised concerns with the lack of public engagement prior to the Committee of Adjustment decision; the proximity to Suddaby School; the lack of affordable housing as part of the proposed development; and, that the design should achieve a LEED or Net Zero environmental standard. Council was in receipt this date of 93 letters from citizens regarding the proposed development. In response to questions, staff provided an overview of the proposal, including the status of the site plan application and the purpose of the minor variance. Staff also noted the Development Services Review includes offering additional communication opportunities on development applications with some of the changes to be rolled out next year. Members of Council expressed concern with the public engagement process prior to major neighbourhood changes, and supported advocacy at the Provincial level to encourage changes to the Planning Act to support public engagement in the development process. 6. DELEGATIONS — NIL COUNCIL MINUTES DECEMBER 16, 2019 -196- CITY OF KITCHENER 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — DECEMBER 9, 2019 Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That the Community and Infrastructure Services Committee report, dated December 9, 2019, be adopted." It was requested Clauses 3 and 9 of the Community and Infrastructure Services Committee report be voted on separately, with both clauses being a recorded vote. Clause 3 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock and C. Michaud. Contra: J. Gazzola. Clause 9 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, S. Marsh, K. Galloway-Sealock and C. Michaud. Contra: J. Gazzola, D. Chapman. Balance of Report — Carried 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES — DECEMBER 9, 2019 Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That the Planning and Strategic Initiatives Committee report, dated December 9, 2019, be adopted." Carried. 7. REPORTS OF COMMITTEES— HERITAGE KITCHENER — DECEMBER 3, 2019 Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That the Heritage Kitchener report, dated December 3, 2019, be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9.a. Regional Council Update — Mayor B. Vrbanovic advised long-time CAO Mike Murray will be retiring in the new year. He further advised Regional Council will consider the 2020 budget on January 22, 2020. COUNCIL MINUTES DECEMBER 16, 2019 -197- CITY OF KITCHENER 10. QUESTIONS AND ANSWERS — In response to questions, Ms. Denise McGoldrick, General Manager, Infrastructure Services Department, advised it has been past practice to close some parking lots and trails in wooded lots over winter months. She advised staff will be reporting to Council with respect to maintenance practices and removing any barriers prohibiting access to parking in these areas. In response to questions, Ms. McGoldrick noted there is no maintenance program for maintaining walkways on City roads without sidewalks. She noted it represents a challenge in terms of salt routes, however there is a sidewalk infill policy related to sidewalk installation, which is addressing roads without sidewalks. In response to questions, Mr. Dan Chapman, Chief Administrative Officer, advised the City will be welcoming new students to the Conestoga College Downtown campus and providing orientation on the City and services available. He further advised the City will be working on creating a means for students to develop a sense of belonging in the community, including opportunities for volunteerism. 11. BY-LAWS (FIRST READING)— Council EADING)—Council agreed to the request of Ms. Christine Tarling, City Clerk, to add one additional by-law for three readings this date namely to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Hallman Construction Limited (Removal of Holding Provision 13HSR). Moved by Councillor C. Michaud Seconded by Councillor M. Johnston "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Business License Fees. b. Being a by-law to amend Chapter 503 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. C. Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees — Committee of Adjustment. d. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. e. To repeal By-law Number 2019-128, being a by-law to amend 2019-051 known as the Zoning By-law 2019 for the City of Kitchener — Comprehensive Review of the Zoning By- law (CRoZBy), as amended (Pre -maturely passed October 28, 2019). f. Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. g. Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code with respect to signs. h. Being a by-law to amend Chapter 630 of The City of Kitchener Municipal code with respect to fences. i. Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees — Planning Matters. j. To further amend by-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (Schedule A). COUNCIL MINUTES DECEMBER 16, 2019 _198- CITY OF KITCHENER k. To further amend by-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (Schedule B). I. To further amend by-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (Schedule C). 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. n. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. o. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. P. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. q. To further amend By-law No. 2007-117, being a by-law to authorize on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. r. To confirm all actions and proceedings of the Council. S. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Hallman Construction Limited (Removal of Holding Provision 13HSR). 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 P. Singh 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 T19-160 Chandler Mowat Community Centre Park Rehabilitation, be awarded to 39 Seven Inc., Guelph, Ontario, at their tendered price of $128,462.40, including contingencies of $30,000., plus H.S.T. of $16,700.11, for a total of $145,162.51." - and - That Proposal P19-164 Professional Services — Sewage Pumping Station Assessment, be awarded to R.J. Burnside & Associates Limited, Guelph, Ontario, at their adjusted tendered price of $417,161.53, including contingencies of $37,923.78, plus H.S.T. of $54,231., for a total of $471,392.53, based on a satisfactory contract being negotiated. - and - COUNCIL MINUTES DECEMBER 16, 2019 _199- CITY OF KITCHENER That Tender T19-003 Ottawa-Trussler Sewage Pumping Station, be awarded to Stone Town Construction Limited, St. Marys, Ontario, at their tendered price of $4,896,745., including provisional items, contingencies and cash allowance of $638,235., plus H.S.T. of $636,576.85, for a total of $5,533,321.85. 2. COR -19-049 - Appointments to Economic Development Advisory Committee, and Centre in the Square and Kitchener Power Corporation Boards Council previously considered Report COR -19-049 at the Special Council meeting held December 16, 2019. 3. COR -19-050 - Fence Variance - 123 Mountain Mint Crescent - Sign Variance - 500 Fairway Road South It was resolved: "That the application of JOST NEUHAUS and ANNALEE BALDANA (FN 2019-002 - 123 Mountain Mint Crescent) requesting permission to construct a wooden fence having a height of 1.5m located 0.5m from the property line rather than the maximum permitted height of 0.9m, on Block 4, Registered Plan 58M-16, being Part 53 on Reference Plan 58R-10916, 123 Mountain Mint Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the 4.57 metre Driveway Visibility Triangle (DVT) is maintained with a maximum height of 0.9 metre for a fence and 1 metre for a tree/hedge. 9501E That the application of CANUCK PROPERTIES LTD. (SG 2019-016 - 500 Fairway Road North) requesting permission to alter an existing ground -supported sign to add an additional 2.62 sq.m. in sign area totaling 21.81 sq.m., whereas the By-law only permits a maximum sign area of 20 sq.m., on Part Lots 17 & 18, Plan 988, Part Lot 167 Streets & Lanes, being Parts 3-6, 11-18, 24 & 27-29 on Reference Plan 58R- 3933, 500 Fairway Road South, 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 complete the above noted Condition prior to March 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void." 4. FIN -19-092 - Delegation of Authority — Tax Assessment Appeals It was resolved: "That Council adopt the draft by-law attached to Report No. FIN -19-092 to delegate authority to specific staff positions to represent the City in property assessment or taxation appeals." 5. COR -19-051 - Encroachment Request: 15 Rock Avenue It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner at 15 Rock Avenue to install an armour stone wall." COUNCIL MINUTES DECEMBER 16, 2019 -200- CITY OF KITCHENER CMX07:a1►1X07NdirilIIQ 01 6. CAO -19-016 - K -W Joint Services Initiative Committee 2019 Update Chief Administrator's Office report CAO -19-016 (K. Dever), dated November 29, 2019 was received as information. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the chair. Moved by Councillor P. Singh Seconded by Councillor S. Davey "That the proceedings and 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) — Council agreed to the request of Ms. Christine Tarling, City Clerk, to add one additional by-law for three readings this date namely a by-law to delegate authority relating to assessment and taxation appeal matters to staff. Moved by Councillor C. Michaud Seconded by Councillor M. Johnston "That the by-laws by given third reading, namely: a. Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Business License Fees. (By-law No. 2019-135) b. Being a by-law to amend Chapter 503 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2019-136) C. 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. 2019-137) 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. 2019-138) e. Being a by-law to repeal By-law Number 2019-128, being a by-law to amend 2019-051 known as the Zoning By-law 2019 for the City of Kitchener — Comprehensive Review of the Zoning By-law (CRoZBy), as amended. (By-law No. 2019-139) f. 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. 2019-140) g. Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code with respect to signs. (By-law No. 2019-141) h. Being a by-law to amend Chapter 630 of The City of Kitchener Municipal code with respect to fences. (By-law No. 2019-142) COUNCIL MINUTES DECEMBER 16, 2019 -201- CITY OF KITCHENER i. 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. 2019-143) j. To further amend by-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (Schedule A). (By-law No. 2019-144) k. To further amend by-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (Schedule 8). (By-law No. 2019-145) I. To further amend by-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (Schedule C). (By-law No. 2019-146) 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. 2019-147) n. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2019-148) o. 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. 2019-149) p. 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. 2019-150) q. To further amend By-law No. 2007-117, being a by-law to authorize 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. 2019-151) r. To confirm all actions and proceedings of the Council. (By-law No. 2019-152) S. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Hallman Construction Limited (Removal of Holding Provision 13HSR). (By-law No. 2019-153) t. Being a by-law to delegate authority relating to assessment and taxation appeal matters to staff. (By-law No. 2019-154) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:55p.m. COUNCIL MINUTES DECEMBER 16, 2019 -202- CITY OF KITCHENER MAYOR LERK COUNCIL MINUTES DECEMBER 16, 2019 -203- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — DECEMBER 9, 2019 That the Deputy CAO or designate be authorized to execute a licence agreement and any subsequent renewals, subject to the satisfaction of the City Solicitor, with Waterloo Region Nordic Sports Club at Rockway Golf Course, 625 Rockway Drive, Kitchener, Ontario, for the use of cross country skiing, as outlined in Community Services Department report CSD -19-034. That the City of Kitchener acknowledge that Activa Holdings Inc. proposes to name private streets: 'Progress Crescent', 'Vitality Drive', 'Wellness Avenue', and 'Visionary Avenue' within a vacant land condominium development located at 124 Seabrook Drive, as outlined in Development Services Department report DSD -19-250; 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 `Progress Crescent', `Vitality Drive', `Wellness Avenue', and `Visionary Avenue'. 3. That staff be directed to continue involvement in ongoing efforts of Smart Waterloo Region to update and implement the Smart Waterloo Region (SWR) proposal, as outlined in Corporate Services Department report COR -19-047. Carried on a recorded vote. 4. That Zoning By-law Amendment Application ZC19/012/L/ES (30T-02202) for the purpose of removing Holding Provision 13HSR from the lands specified on the attached Map No.1, in the form shown in the `Proposed By-law' dated November 28, 2019, attached to Development Services Department report DSD -19-251 as Appendix A', be approved. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Zehr Levesque Inc. for the Garment Street Developments at 100 Victoria Street South, on various dates from December 2019 through December 2020 between the hours of 7:00 p.m. and 7:00 a.m., as outlined in Community Services Department report CSD -19-033. 6. That the Executive Director of Economic Development or delegate be authorized to execute licence agreements for a term of two years or less with Creative Hub licensees at 44 Gaukel Street, subject to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD -19-273. 7. That the commissioning and installation of art work by the City's 2018 Artist -in -Residence, Sumaira Tazeen, as outlined in Development Services Department report DSD -19-274, be approved; and further, That the Mayor and Clerk be authorized to execute the Artist -in -Residence 2018 Commission Agreement, subject to the satisfaction of the City Solicitor, with Sumaira Tazeen. 8. That the Mayor and Clerk be authorized to execute a development charges credit/refund agreement, subject to the satisfaction of the City Solicitor, with Activa Holdings Inc. in respect to Activa Holdings payment for the costs of the engineering fees and construction of the Dodge Drive Trunk Sanitary Sewer and Road Restoration project, as outlined in Development Services Department report DSD -19-275. 9. That staff be directed to transfer $250,000 from 2019 planning operating revenues, as outlined in Development Services Department report DSD -19-245, to a new Digital Plan Review Capital account for the purpose of funding the hardware, software and other capital needs to support the digital transformation of processing planning applications. Carried on a recorded vote. 10. That the City of Kitchener 2020 Business Plan Project List outlined in Appendix `A' to Chief Administrator's Office report CAO -19-013 be approved, subject to budget deliberations. COUNCIL MINUTES DECEMBER 16, 2019 -204- CITY OF KITCHENER PLANNING AND STRATEGIC INITIATIVES COMMITTEE — DECEMBER 9, 2019 That the oral and written submissions received by and at the Statutory Public Meeting on December 9, 2019, on the proposed Official Plan Amendment and Zoning By-law Amendment, attached as Appendix `A' and Appendix `B' to Development Services Department report DSD - 19 -252, be considered in the preparation of the final version of the Official Plan Amendment and Zoning By-law Amendment, to incorporate the lands contained in seven Secondary Plans into the Official Plan (2014) and into new Zoning By-law 2019-051; and further, That following the December 9, 2019 Statutory Public Meeting on the proposed Official Plan and Zoning By-law Amendments, staff review and work through the submissions in order to bring forward a final version of the proposed Official Plan Amendment, Zoning By-law Amendment, and Neighbourhood Specific Amendments to the Urban Design Manual for consideration of adoption by Council. HERITAGE KITCHENER COMMITTEE — DECEMBER 3, 2019 That pursuant to Section 30 (1) of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to amend designating By-law 84-52 for 883 Doon Village Road, as outlined in Development Services Department report DSD -19-249.