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HomeMy WebLinkAboutCouncil Minutes - 2020-10-051916111kiIN10d,IIki011*11 OCTOBER 5, 2020 CITY OF KITCHENER The Council of the City of Kitchener met electronically this date at 7:04 p.m. with all members present, Chaired by Mayor B. Vrbanovic. 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 D. Chapman, the minutes of the regular meeting held September 14, 2020, and special meeting held September 14, 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 — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — NIL 6. a. AFFORDABLE HOUSING NOTICE OF MOTION Gail Pool was in attendance to speak to the Affordable Housing Notice of Motion introduced by Councillor loannidis. G. Pool spoke in opposition to fee exemptions and suggested using incentive programs linked to green development or affordable housing to encourage development in the city. Councillor B. loannidis gave notice that he will introduce the following motion for consideration this date to address affordable housing: Moved by Councillor B. loannidis Seconded by Councillor P. Singh "WHEREAS the City of Kitchener recognizes the importance of strong and diverse neighbourhoods where residents can grow and thrive; and, WHEREAS a key action in the City of Kitchener Strategic Plan is to create a caring community through the development of a Housing Strategy, aimed at addressing challenges to housing affordability in Kitchener across the housing continuum; and, WHEREAS Kitchener's Housing Need assessment found that rapid price and rent increases are making housing unaffordable all along the housing continuum, including middle income households; and, WHEREAS the City of Kitchener has identified affordable housing as a priority in the City and has adopted Council Policies to encourage development of new affordable rental housing units, which provide exemptions and deferrals of development to fees/charges; and, WHERES the City of Kitchener continues to seek options to encourage a broader range of housing options and increase the supply of affordable housing opportunities available; and, WHEREAS Inclusionary zoning is one important, cost effective tool that can be used to deliver more affordable units to help address growing affordable housing needs; and, WHEREAS Bill 108 restricted the use of inclusionary zoning to areas around major transit stations providing rail or bus rapid transit, and provincially mandated community planning permit system areas; and, COUNCIL MINUTES OCTOBER 5, 2020 -107- CITY OF KITCHENER WHEREAS there are city-wide opportunities to achieve affordable housing through inclusionary zoning in a manner that is financially sustainable for both municipalities and developers; THEREFORE BE IT RESOLVED that the City Council request the Province to reinstate the Planning Act provisions enabling a municipality to apply Inclusionary Zoning provisions within its entire jurisdiction, or at minimum, to enable Inclusionary Zoning along Major Transit bus routes throughout the City; BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Ontario Minister of Municipal Affairs, to the local MP's and MPP's, to the Federation of Canadian Municipalities, to the Association of Municipalities Ontario, and to the Region of Waterloo and local area municipalities." Carried Unanimously. 7. COMMITTEE REPORTS — AUDIT — September 14, 2020 Moved by Councillor S. Davey Seconded by Councillor J. Gazzola "That the report of the Audit Committee dated September 14, 2020, be adopted." Carried Unanimously. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES — September 28, 2020 Councillors D. Chapman and J. Gazzola requested Clauses 1 to 4 of the Community and Infrastructure Services Committee report, dated September 28, 2020 be voted on separately. Councillor Gazzola requested Clauses 2 and 4 be voted on separately on a recorded vote. Councillor S. Davey requested that Rossford Crescent contained in Clause 3 be voted on separately on a recorded vote. Members of Council asked questions relating to the urgency of completing the necessary repairs to Carl Zehr Square as identified in Infrastructure Services Department report INS -20-011. Lynda Stewart, Manager, Project/Energy Management, and Denise McGoldrick, General Manager, Infrastructure Services, responded by suggesting Council could decide to hold off on various repairs, but the issues would eventually have to be rectified, likely at a higher cost. Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That the reports of the Community and Infrastructure Services Committee dated September 28, 2020, be adopted." Clause 5 — Carried. Clause 1 — Carried. Clause 2 — Carried on a Recorded Vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, C. Michaud, K. Galloway-Sealock, P. Singh, B. loannidis, M. Johnston, D. Chapman and, S. Marsh. Contra: Councillor J. Gazzola. COUNCIL MINUTES OCTOBER 5, 2020 -108- CITY OF KITCHENER Clause 3 (Rossford Crescent) — Carried on a Recorded Vote. In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, D. Chapman, M. Johnston, B. loannidis, P. Singh, K. Galloway-Sealock, C. Michaud and, D. Schnider. Contra: Councillors J. Gazzola and S. Davey. Clause 3 (Balance: Boehmer Street and Thaler Avenue/Windom Road) — Carried. Councillor B. loannidis left the meeting at this time. Clause 4 — Carried on a Recorded Vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, C. Michaud, K. Galloway-Sealock, P. Singh, M. Johnston, S. Marsh and, D. Chapman. Contra: Councillor J. Gazzola. Absent — Councillor B. loannidis. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES — September 28, 2020 Councillor B. loannidis rejoined the meeting at this time. Councillor S. Marsh requested, and Council agreed, to add the following paragraph to Clause 2: "That Christopher White, Professional Land Economist, and partner at urbanMetrics inc, is qualified to provide the written opinion included as Appendix 'E' to Report DSD -20-150." Councillor S. Davey requested Clause 1 be voted on separately. Councillor S. Davey brought forward an amendment to Clause 1, seconded by Councillor P. Singh, to include an additional clause: "That staff expedite the development of the business case for a downtown district energy system, with the funding to source to be addressed as part of the 2021 budget deliberations." Councillor Davey's amendment was voted on and Carried. In response to questions regarding funding sources, Jonathan Lautenbach, Chief Financial Officer, suggested moving forward with an RFP process, and following completion of that processes Council could identify a funding source as a contingency if the City was not successful for the Green Municipal Fund Feasibility Grant. Councillor D. Chapman brought forward an amendment to Clause 1, seconded by Councillor M. Johnston, to include the following in Paragraph 1: "... including an overview of heat water recovery." Councillor Chapman's amendment was voted on and Carried. COUNCIL MINUTES OCTOBER 5, 2020 _109- CITY OF KITCHENER Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That the reports of the Planning & Strategic Initiatives Committee dated September 28, 2020, be adopted, as amended." Clause 1 (as amended) — Carried. Clause 2 (as amended) — Carried. Clause 3 —Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a Affordable Housing Dealt with under Delegations and Carried Unanimously. 9.b Automated Speed Enforcement Program Councillor P. Singh gave notice he will introduce the following motion for consideration this date to address the Automated Speed Enforcement Program: Moved by Councillor P. Singh Seconded by Councillor M. Johnston "WHEREAS the City of Kitchener is participating in the Automated Speed Enforcement program through the Region of Waterloo; THEREFORE BE IT RESOLVED that the City of Kitchener advocate to The Minister of Transportation and to The Minister of the Attorney General to amend the necessary acts that would permit municipalities to use an Administrative Monetary Penalty System (AMPS) for the purpose of administering Automated Speed Enforcement infractions; and, THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener recommend to the Region of Waterloo chair and Regional Council that the ASE program proceed with four Automated Speed Enforcement sites within The City of Kitchener for Phase 1 of ASE as per the initial strategy discussed prior to the COVID-19 pandemic; and, THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener recommend to the Region of Waterloo that the second phase of ASE proceed prior to the start of the 2021 school year; and, BE IT FINALLY RESOLVED that the number of locations selected in subsequent phases be determined by population or other scientific metric and applied throughout the Region rather than distributed equally amongst regional partners." Carried. 10. QUESTIONS AND ANSWERS — Mayor B. Vrbanovic acknowledged correspondence from David Argenti regarding racist graffiti In response to questions from Council, Denise McGoldrick, General Manager, Infrastructure Services, indicated there is a procedure at the Corporate Contact Center to immediately call out staff as it relates to offensive and hate related graffiti. It was noted the Corporate Contact Center also has access to the corporate social media accounts and does update the public when these issues are resolved. COUNCIL MINUTES OCTOBER 5, 2020 _110- CITY OF KITCHENER 11. BY-LAWS (FIRST READING) — Council agreed to the request of 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 — Thresholds Homes and Supports Inc. — 290 Sheldon Avenue North (Change R-4 zone to R-6 with 756R). Moved by Councillor D. Schnider Seconded by Councillor C. Michaud "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. By-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener —Thresholds Homes and Supports Inc. — 290 Sheldon Avenue North (Change R-4 zone to R-6 with 756R). b. 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 D. Chapman 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 Proposal P20-044 Sewer Pipe Repair Services, be awarded to J. Weber Contracting Limited, Breslau, Ontario, at their tendered price of $336,750.00, plus H.S.T. of $43,775.50, for a total of $380,527.50, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." 2. COR -20-013 — Prohibited Dog Designation Appeal — Meadus It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Keantel Meadus, wherein the Committee affirms the Prohibited Dog Designation applied to her dog 'Loki' by the Humane Society of Kitchener Waterloo & Stratford Perth, be ratified and confirmed." 3. COR -20-014 — Dangerous Dog Designation Appeal — Feliciano It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Justine Feliciano, wherein the Committee affirms the Dangerous Dog Designation applied to her dog 'Chorizo' by the Humane Society of Kitchener -Waterloo and Stratford Perth, be ratified and confirmed." COUNCIL MINUTES OCTOBER 5, 2020 -111 - CITY OF KITCHENER 4. COR -20-015 — Execution of Non -Disclosure Agreements Councillor Chapman advised of a request from the City Solicitor to add an additional report COR -20- 015 for consideration regarding the execution of non -disclosure agreements. Mayor Vrbanovic advised that a motion to waive notice was required to be approved by 2/3 of the whole of Council. Moved by Mayor B. Vrbanovic "That in accordance with Section 25.7.14 of City of Kitchener Municipal Code Chapter 25 (Procedure) the notice requirements be waived to add Corporate Services Department report COR -20-015 — Execution of Non -Disclosure Agreements." Carried, with required 2/3 of the Council members present. Councillor J. Gazzola requested this Item be voted on a recorded vote. Councillor S. Davey brought forward an amendment to the staff recommendation outlined in report COR - 20 -015, to include the following: "...except for matters involving developers." Councillor S. Davey's amendment was voted on and LOST. It was resolved: "That the CAO, Deputy CAO or Department Heads be authorized to execute Non - Disclosure Agreements; said agreements to be to the satisfaction of the City Solicitor." In Favour: Mayor B. Vrbanovic and Councillors P. Singh, S. Marsh, S. Davey, M. Johnston, B. loannidis. K. Galloway-Sealock, D. Schnider, C. Michaud, and D. Chapman. Contra: Councillor J. Gazzola Carried on a Recorded Vote. IRM N:11i]:iIle] a1:I:11115K6]dihvil11a14:11115i1a10114TA:CQ11:11112 On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor D. Chapman Seconded by Councillor M. Johnston "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 C. Michaud "That the by-laws be given third reading, namely: a. By-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Thresholds Homes and Supports Inc. — 290 Sheldon Avenue North (Change R-4 zone to R-6 with 756R). (By-law No. 2020-058) OCTOBER 5, 2020 COUNCIL MINUTES - 112 - b. To confirm all actions and proceedings of the Council. CITY OF KITCHENER (By-law No. 2020-059) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:15 p.m. MAYOR , --- _--------- ._. -_RK-..- --- - COUNCIL MINUTES OCTOBER 5, 2020 -113- CITY OF KITCHENER IZIAas] :i&Til101i9:111 W016111►INII AUDIT COMMITTEE — SEPTEMBER 14, 2020 That the Audit Planning Report for the year ending December 31, 2020, prepared by KPMG, attached as Appendix 1 to report Financial Services Department report FIN -20-059 dated August 28, 2020, be approved. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — SEPTEMBER 28, 2020 1. That the Uniform Traffic By-law be amended for the installation of a stop control on Gage Avenue at the intersection of Gage Avenue and Waverly Road, as outlined in Development Services Department report DSD -20-149. 2. That staff be directed to proceed with installation of a new mechanical ventilation unit at Budd Park Indoor Soccer Facility, as outlined in Infrastructure Services Department report INS -20- 012; and, That a budget of $150,000 be established for installation of new mechanical ventilation unit with funding being allocated from the COVID Tracked Cost operating account. 3. That the following streets be approved for sidewalk infill in 2021/2022 as per the Sidewalk Infill Policy MUN-STR-2004 approved by Council June 1, 2015, as outlined in Development Services Department report DSD -20-060: • Rossford Crescent • Boehmer Street • Thaler Avenue/Windom Road 4. That the City Hall Outdoor Spaces scope adjustments for Necessary Repairs, Comprehensive Renewal, and Accelerated Schedule, as identified in Infrastructure Services Department report INS -20-11, be approved and added to the scope of work for Heritage Restoration Inc. J19-177); and, That the City Hall Outdoor Spaces capital project budget be increased by the following amounts: • $900,000 for Necessary Repairs • $1,150,000 for Comprehensive Renewal • $150,000 for Accelerated Schedule; and further, That the funding sources for the additional budget be allocated as follows: • $815,000 Facilities Management capital project closeouts • $1,385,000 Tax Capital reserve fund. That the Director of Transportation Services be authorized, subject to the satisfaction of the City Solicitor, to execute all necessary agreements, renewals, and other such documentation with the Region of Waterloo for the administration and operation of Automated Speed Enforcement on City roads, as outlined in Development Services Department report DSD -20-104; and, That Franklin Public School be approved as the priority location for automated speed enforcement; and further; That the school zones outlined in Appendix 'A' be approved and added to Schedule 19 of the Uniform Traffic Control By-law. PLANNING & STRATEGIC INITIATIVES COMMITTEE — SEPTEMBER 28, 2020 That staff be directed to develop a business case for a downtown district energy system, including an overview of heat water recovery, as outlined in Development Services Department report DSD -20-151; and, COUNCIL MINUTES OCTOBER 5, 2020 -114- CITY OF KITCHENER PLANNING & STRATEGIC INITIATIVES COMMITTEE — SEPTEMBER 28, 2020 (CONT'D) That staff expedite the development of the business case for a downtown district energy system, with the funding source to be addressed as part of the budget 2021 budget deliberations; and further, That staff be directed to submit a Green Municipal Fund Feasibility Study grant application to help fund the downtown district energy business case development. 2. That Development Services Department report DSD -20-150, Inclusionary Zoning for Affordable Housing: Background and Fiscal Impact Analysis, be received; and further, That Christopher White, Professional Land Economist, and partner at urbanMetrics inc, is qualified to provide the written opinion included as Appendix E to Report DSD -20-150. 3. That Zoning By-law Amendment Application ZBA19/013/S/KA for Thresholds Homes and Supports Inc. be approved in the form shown in the "Proposed By-law" and "Map No. 1" attached to Development Services Department report DSD -20-106 as Appendix A; and, 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 ZBA19/013/S/KA; and further, That the City of Kitchener grant an exemption to Council Policy MUN-PLA-1035, 'Emergency Access Policy', in regards to the multiple residential development proposed on the lands municipally addressed as 290 Sheldon Avenue North, to allow development on a cul-de-sac having a length greater than 150 metres provided that: a) buildings are sprinklered; and, b) Direct -to -Fire Alarm Monitoring be installed.