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HomeMy WebLinkAboutCouncil Minutes - 2020-01-27COUNCIL MINUTES JANUARY 27, 2020 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". 2. MINUTES — On motion by Councillor S. Davey, the minutes of the regular & special meetings held December 16, 2019, and a special meeting held January 13, 2020 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: • K -W Kinsmen Club — February 14 — 24, 2020 5. PRESENTATIONS —NIL 6. DELEGATIONS — 6. a Progress Crescent, Vitality Drive, Wellness Avenue and Visionary Avenue 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 private roads within a vacant land condominium development located at 124 Seabrook Drive as: Progress Crescent, Vitality Drive, Wellness Avenue and Visionary Avenue; listed as Items 11.a. and 14.a. 6. b Compass Kitchener Advisory Committee Work Plan Ms. Judith Stephens -Wells, Chair, Compass Kitchener, was in attendance to highlight the Committee's 2019 accomplishments and 2020 Work Plan. Ms. Stephens -Wells noted the 2020 Compass Kitchener priorities include: finalization of evaluation criteria for the 2019-2022 Strategic Plan; Citizen's Report Card — first evaluation of the 2019-2022 Strategic Plan; and, communication and collaboration among Advisory Committees — continue to build connections between all of Kitchener's citizen advisory committee. 6. c Avon Road This delegation request with respect to Development and Services report DSD -20-002, listed as Item 2 under the Planning and Strategic Initiatives Committee report dated January 13, 2020, was withdrawn. 6. d Affordable Housing Strategy Mr. Grant Vickers was in attendance to request clarification on the purpose and recommendations of Development Services Department report DSD -20-006 (Affordable Housing Strategy — Phase 2: Housing Needs Assessment), listed as Item 7 under the Community and Infrastructure Services Committee report dated January 13, 2020. Mayor B. Vrbanovic responded to Mr. Vickers' questions and suggested he connect with staff to become engaged in the Affordable Housing Strategy discussion. 7. REPORTS OF COMMITTEES —AUDIT COMMITTEE —DECEMBER 16, 2019 Moved by Councillor S. Davey Seconded by Councillor J. Gazzola "That the Audit Committee report, dated December 16, 2019, be adopted." Carried. COUNCIL MINUTES JANUARY 27, 2020 -21- CITY OF KITCHENER 7. REPORTS OF COMMITTEES— HERITAGE KITCHENER COMMITTEE —JANUARY 7, 2020 Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That the Heritage Kitchener Committee report, dated January 7, 2020, be adopted." Councillor J. Gazzola requested Clause 1 of the Heritage Kitchener Committee report be voted on separately on a recorded vote. Members of Council raised concerns with respect to providing staff with increased delegated approval authority and removing Heritage Kitchener from the Heritage Permit Application (HPA) approval process. In response to questions, Mr. L. Bensason, Coordinator, Cultural Heritage Planning, advised the delegated approval authority HPA would apply to minor applications such as repairs and improvements that are in keeping with good conservation practices, or that clearly meet the guidelines of the heritage district plans. He noted the current average HPA processing time is six weeks. In response to questions, Mr. J. Readman, General Manager, Development Services Department, advised the recommended delegated approval authority would shorten the application approval process by approximately four weeks. Clause 1 — LOST on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors P. Singh, S. Davey, and B. loannidis. Contra: Councillors J. Gazzola, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE —JANUARY 13, 2020 Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That the Community and Infrastructure Services Committee report, dated January 13, 2020, be adopted, as amended." Councillor K. Galloway-Sealock highlighted that members of Council were in receipt of a Memo from Mr. J. Readman, dated January 24, 2020, which provided updated information and a revised Needs Assessment for the Affordable Housing Strategy as outlined in report DSD-20-006—Affordable Housing Strategy Phase 2: Housing Needs Assessment. Councillor S. Davey requested Clause 5 of the Community and Infrastructure Services Committee report be voted on separately. Councillor J. Gazzola requested Clause 5 of the Community and Infrastructure Services Committee report be voted on a recorded vote. Clauses 1-4, 6 and 7, as amended — Carried unanimously. Clause 5 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, P. Singh, M. Johnston, D. Schnider, D. Chapman, S. Marsh, and C. Michaud. COUNCIL MINUTES JANUARY 27, 2020 -22- CITY OF KITCHENER Contra: Councillors S. Davey, B. loannidis, and K. Galloway-Sealock, 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE — JANUARY 13, 2020 Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That the Planning and Strategic Initiatives Committee report, dated January 13, 2020, be adopted." Councillor S. Davey requested Clause 2 of the Planning and Strategic Initiatives Committee report be voted on separately. Clause 1 — Carried. Clause 2 — Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a. Regional Government Review Councillor S. Davey gave notice that he will introduce the following motion for consideration this date to address the Regional Government review: Councillor J. Gazzola requested the motion be voted on a recorded vote. Moved by Councillor S. Davey Seconded by Councillor S. Marsh "WHEREAS in 2018 the Ontario Government announced it would appoint two special advisors to review eight regional municipalities, Simcoe County, and their lower -tier municipalities to ensure that the upper and lower -tier municipalities in these geographic areas are efficient and accountable to their residents and business; and, WHEREAS in 2019 the Minister of Municipal Affairs and Housing received the complete report from the special advisors; and, WHEREAS in October 2019, the Minister announced the regional review was complete, and made available $143 million to municipalities to help them lower costs and improve services for local residents; and further, WHEREAS the Ontario Government has declined to make the final regional review report available to the public; THEREFORE BE IT RESOLVED that the Ontario Government be urged to release the final report to the public in order for municipalities to make informed decisions regarding service delivery improvements; BE IT FURTHER RESOLVED that if the Ontario Government does not wish to release the full and complete report, that specific recommendations and comments contained in the final report be provided to those municipalities affected; BE IT FINALLY RESOLVED that this resolution be forwarded to the Honourable Premier of Ontario; Minister of Municipal Affairs and Housing; the Association of Municipalities of Ontario; the Local Members of Provincial Parliament; and, to the eight regional municipalities, Simcoe County, and their lower -tier municipalities included in the regional review." COUNCIL MINUTES JANUARY 27, 2020 -23- CITY OF KITCHENER Carried unanimously on a recorded vote. 9.b.Anti-Idling By -Law Notice of Motion Councillor M. Johnston provided Council with notice of her intention to introduce a Notice of Motion on February 24, 2020 regarding an Anti -Idling By-law. 9.c. Regional Council Update Mayor B. Vrbanovic provided a Regional Council update and highlighted the Region has approved its budget, which included money to advance the River Road project, and significant investment associated with climate change and cycling. 10. QUESTIONS AND ANSWERS— In NSWERS— In response to questions, Mr. Readman advised staff have completed the City's component of the pedestrian crossing at Vanier Drive and Traynor Avenue, and the Region is currently installing a temporary wooden structure to attach the walkway to the LRT corridor, which should be completed by the end of the week. In response to questions regarding media attention on the status of the Kitchener Memorial Auditorium (The Aud), Mr. M. May, Deputy Chief Administrative Officer and General Manager, Community Services Department, advised the facility is not in a state of decay or disrepair, and highlighted financial investments in 2012 that extended the growth capacity for approximately 15 years. He indicated future vision plans for The Aud have been on the City's business plan for a few years, and staff anticipate a multi-year conversation with Council, stakeholders and the public regarding forecasted city growth and future facility needs. 11. BY-LAWS (FIRST READING)— Moved EADING)— Moved by Councillor B. loannidis Seconded by Councillor K. Gal loway-Sealock "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to name private roads as Progress Crescent, Vitality Drive, Wellness Avenue and Visionary Avenue, in the City of Kitchener. b. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. C. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. d. 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. e. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. f. Being a by-law to provide for the establishing and laying out of part of Tartan Avenue as public highway in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision 30T-98201). g. Being a by law to assume certain lands within the City of Kitchener as public highway. (Assumes lands shown on registered plans of subdivision as public highways, streets or lands pursuant to Section 31(4) of the Municipal Act, 2001, c.25). h. Being a by-law to provide for the widening of part of Heiman Street as public highway in the City of Kitchener. (Pursuant to Condition of Site Plan Approval). COUNCIL MINUTES JANUARY 27, 2020 -24- CITY OF KITCHENER Being a by-law to exempt certain lots from Part Lot Control — Blocks 1 and 4, Registered Plan 58M-619 — 15 Tartan Ave (Exempts lands shown on — Tartan Avenue from Part Lot Control). Being a by-law to exempt certain lots from Part Lot Control — Block 73, Registered Plan 58M-503 — Robert Ferrie Drive (Exempts lands shown on — Robert Ferrie Drive from Part Lot Control). 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." B. ADMINISTRATIVE REPORTS 1. Tenders It was resolved: "That Tender T19-202 Ephraim Street and Ethel Street (Ann Street to Ethel Street and Frederick Street to Terminus) Road Reconstruction, be awarded to J-AAR Excavating Limited, London, Ontario, at their tendered price of $2,371,981.88, including provisional items and contingencies of $162,314 plus H.S.T. of $308,357.64, for a total of $2,680,339.52." - and - "That Tender T19-209 Norfolk Crescent, Rex Drive, St. Clair Avenue, Road Reconstruction, be awarded to J. Weber Contracting Limited, Breslau, Ontario, at their tendered price of $3,096,214.50, including provisional items and contingencies of $288,500.00, plus H.S.T. of $402,507.89, for a total of $3,498,722.39." - and - "That Tender T19-175 Queen Street (Charles Street to Duke Street), Vogelsang Green and Cenotaph Green Placemaking Construction, be awarded to I.M. Benjamins Inc. o/a Hardscape Concrete & Interlock, Cambridge, Ontario, at their tendered price of $2,928,383.41, including contingencies of $156,500., plus H.S.T. of $380,689.84, for a total of $3,309,073.25." - and - "That Proposal P19-198 Automated Meter Reading (AMR), Advanced Metering Infrastructure (AMI), Advanced Metering Analytics (AMA) Feasibility Study, be awarded to Util-Assist Inc., Newmarket, Ontario, at their estimated fee of $105,045., plus H.S.T. of $13,655.85, for a total of $118,700.85, provided a satisfactory contract is executed." - and - COUNCIL MINUTES JANUARY 27, 2020 -25- CITY OF KITCHENER "That Tender T19-135 Heiman Street (West End to Highland Road East) and Mill Street (Ottawa Street South to Courtland Avenue East) Road Reconstruction, be awarded to Gedco Excavating Ltd., Brantford, Ontario, at their tendered price of $3,800,565.25, including provisional items and contingencies of $348,801.40, plus H.S.T. of $494,073.48, for a total of $4,294,638.73." - and - "That Tender T19-174 Hidden Valley Crescent Park Natural Play Area Landscape Site Works and Playground Design, Supply and Installation, be awarded to Hawkins Contracting Services Limited, Stouffville, Ontario, at their tendered price of $178,407.75, including contingencies of $12,000., plus H.S.T. of $23,193., for a total of $201,600.75." 2. COR -20-001 - Request to Add Conditions to a Business Licence — Li's Best Enjoy Health Care Centre — 2922 King Street East It was resolved: "That the business licence for Li's Best Enjoy Health Care Centre be approved with the following conditions: a) That the owner ensures the Business is not operating outside the permitted hours; b) That the Business does not receive any further Provincial Offence Notices; and, c) That the owner complies with all City of Kitchener By-laws." C. FOR INFORMATION 3. CAO -19-017 - Compass Kitchener Advisory Committee 2020 Work Program Chief Administrator's Office report CAO -19-017 (K. Dever), dated January 8, 2020 was received as information. 4. FIN -20-003 - Summary of Bid Solicitations Approved by the Director of Procurement (October 1, 2019 — December 31, 2019) Financial Services Department report FIN -20-003 (B. Johnson), dated January 6, 2020 was received as information. 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 P. Singh "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) — "That the by-laws by given third reading, namely: a. Being a by-law to name private roads as Progress Crescent, Vitality Drive, Wellness Avenue and Visionary Avenue, in the City of Kitchener. (By-law No. 2020-005) b. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2020-006) COUNCIL MINUTES JANUARY 27, 2020 -26- CITY OF KITCHENER C. 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. 2020-007) d. 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. 2020-008) e. 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. 2020-009) f. Being a by-law to provide for the establishing and laying out of part of Tartan Avenue as public highway in the City of Kitchener. (By-law No. 2020-010) g. Being a by law to assume certain lands within the City of Kitchener as public highway. (By-law No. 2020-011) h. Being a by-law to provide for the widening of part of Heiman Street as public highway in the City of Kitchener. (By-law No. 2020-012) Being a by-law to exempt certain lots from Part Lot Control — Blocks 1 and 4, Registered Plan 58M-619 — 15 Tartan Ave. (By-law No. 2020-013) Being a by-law to exempt certain lots from Part Lot Control — Block 73, Registered Plan 58M-503 — Robert Ferrie Drive. (By-law No. 2020-014) k. To confirm all actions and proceedings of the Council. (By-law No. 2020-015) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:44p.m. ....... ......... �' .MAYOR CLERK COUNCIL MINUTES JANUARY 27, 2020 -27- CITY OF KITCHENER 1:7:11as] :i&yi1Ills] i11:11H:ME0601►to] lI AUDIT COMMITTEE — DECEMBER 16, 2019 That the Audit Planning Report for the year ending December 31, 2019 prepared by KPMG, attached as Appendix "1" to Financial Services Department report FIN -19-090 dated November 18, 2019, be approved. That the 2020 Internal Audit work plan as outlined in Chief Administrator's Office report CAO -19- 014 dated December 9, 2019, be approved. HERITAGE KITCHENER COMMITTEE —JANUARY 7, 2020 That the draft by-law as circulated to the Heritage Kitchener Committee on December 3, 2019 be enacted to amend Chapter 642 (Heritage Property Consent — Alterations) of The City of Kitchener Municipal Code regarding delegation of the power to consent to alterations to property designated under Part IV or Part V of the Ontario Heritage Act, as outlined in Development Services Department report DSD -19-273. LOST on a recorded vote. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — JANUARY 13, 2020 That the list of proposed Neighbourhood Associations, as attached to Community Services Department report CSD -20-001, be approved for affiliation for the year 2020 and added to the City of Kitchener's third party liability insurance program. That the following applicants be appointed to the Grand River Accessibility Advisory Committee (GRAAC) for a 4 -year term ending December 31, 2023, as outlined in Community Services Department report CSD -20-002, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot and Township of Woolwich. Bernardes Wesselink City of Kitchener New Heather Clark Harris City of Kitchener New Tamara Bell Township of Wellesley New Mamie Sealey -Baker City of Kitchener New Paula Saunders City of Kitchener New Carrie Speers City of Kitchener New That the City of Kitchener acknowledge that Schlegel Urban Developments Corp. (on behalf of Fusion Homes Inc.) proposes to name a private street within a multiple residential development located on Block 1, 58M-632, as outlined in Development Services Department report DSD -20- 003; 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 'Wheat Lane'. That the City of Kitchener acknowledge that Primeland Developments (2003) Limited proposes to name private streets: 'Woodedge Circle', 'Woodlea Court', and 'Woodmeadow Court' within a vacant land condominium development located at 15 Tartan Avenue, as outlined in Development Services Department report DSD -20-004; 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 'Woodedge Circle', 'Woodlea Court', and 'Woodmeadow Court. That four hour parking be permitted on Sunday's on the north side of St. George Street from a point approximately 12 metres west from Benton Street to a point approximately 41 metres west thereof, as outlined in Development Services Department report DSD -20-005; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES JANUARY 27, 2020 -28- CITY OF KITCHENER That staff be directed to reallocate Federal Gas Tax money from the Woodside Park project, as outlined in Financial Services Department report FIN -19-039, toward spot enhancements to the artificial turf to extend the asset lifespan (Option 2), and minor entrance and exit improvements to the parking lot; and further, That the remaining $900,000 remain unallocated in the Federal Gas Tax Reserve. That Council receive Development Services Department report DSD -20-006 (Affordable Housing Strategy — Phase 2: Housing Needs Assessment), and direct staff to proceed to Phase 3: Issues and Options using the Needs Assessment as part of the basis for stakeholder engagement. PLANNING & STRATEGIC INITIATIVES COMMITTEE — JANUARY 13, 2020 That consideration of the following be referred to the February 24, 2020 Council meetinq to allow staff an opportunity to work with the proponent to receive additional information including: drawings depicting a 1 storey reduction in height (6 storeys reduced to 5 storeys and the 5 storeys reduced to 4 storeys); a perspective drawing from the Weber Street properties; an updated Urban Design Brief based on comments received from the residents; and, the possible inclusion of affordable housing units: `That Official Plan Amendment Application OP19/001/B/GS for 169 Borden Inc., Joseph Castello, & Laurie Castello requesting a change in designation from Low Rise Residential and Institutional to Medium Rise Residential with Site Specific Policy Area 51 to permit a six storey multiple dwelling development on the parcel of land specified and illustrated on Schedule A, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -20-001 as Appendix A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA19/001/B/GS for 169 Borden Inc., Joseph Castello, & Laurie Castello requesting a change from Residential Six (R-6) and Neighbourhood Institutional (INS -1) to Residential Eight with Special Regulation Provision 753R for the parcels of land specified and illustrated on Map No. 1, be approved as amended in the "Proposed By-law" as circulated to the Committee on January 9, 2020, dated November 27, 2019, outlined in Report DSD -20-001, and receive three readings once By-law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part,- and, art,and, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA19/001/B/GS, and further, That the Urban Design Brief dated September 2019, prepared by MHBC Planning for Vive Development Corporation, and attached to Report DSD -20-001 as Appendix `C, be adopted, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process.' 2. That consideration of the following recommendation be referred to the February 24, 2020 Council meeting, or an earlier Council meeting if possible, to allow for an opportunity for staff to work with the proponent to discuss a possible reduction in height and the inclusion of additional dwelling units on Avon Road. 'That Official Plan Amendment Application OP15/05/F/GS for Milan Kovacevic, Dean Kovacevic, & Keystone Property Developments Inc. requesting a change in designation from Low Rise Residential and Medium Rise Residential to Medium Rise Residential with Site Specific Policy Area 52 to permit a ten storey multiple dwelling development on the parcel of land specified and illustrated on Schedule A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD 20-002 as Appendix A', and accordingly forwarded to the Region of Waterloo for approval,- and, pproval,and, COUNCIL MINUTES JANUARY 27, 2020 -29- CITY OF KITCHENER That Zoning By-law Amendment Application ZC15/015/F/GS for Milan Kovacevic, Dean Kovacevic, & Keystone Property Developments Inc. requesting a change from Residential Three (R-3) and Residential Eight (R-8) to Residential Eight with Special Regulation Provision 752R 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 27, 2019, attached to Report DSD 20-002 as Appendix `B and, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC15/015/F/GS; and further, That the Urban Design Brief dated May 2015 (updated November 2019), and attached to Report DSD -20-002 as Appendix `C, be adopted, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process.'