HomeMy WebLinkAboutCouncil Minutes - 2021-05-17COUNCIL MINUTES
Monday, May 17. 2x]21 CITY _CF KITCHENER
The Council of the City of Kitchener met electronically this date at 7:01 p.m. Chaired by Mayor B.
Vrbanovic with all members present.
1. COMMENCEMENT
The electronic meeting began with a Land Acknowledgement given by the Mayor and the singing of
"O Canada".
2. MINUTES
On motion by Councillor M. Johnston the minutes of the regular meeting held April 26, 2021 and special
meetings held April 26 and May 10, 2021, 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
6.a. Committee of the Whole Item 12.b.4 - CSD -2021-5 - Exemption to Chapter 408 -
Animals
Laura McQuillen was in attendance in support of the recommendation outlined in Community
Services Department report CSD -2021-5.
Moved by Councillor S. Davey
Seconded by Councillor S. Marsh
"That the Deputy CAO be authorized to execute an agreement satisfactory to the
City Solicitor, granting an exemption from section 408.2.11 of Chapter 408 of the
City of Kitchener Municipal Code to a resident of the City to allow the keeping of
ducks in the City provided the conditions set out in this Community Services
Department report CSD -2021-5 are complied with."
Carried.
7. REPORTS OF COMMITTEES
7.a. HERITAGE KITCHENER — MAY 4, 2021
Moved by Councillor J. Gazzola
Seconded by Councillor D. Chapman
"That the report of the Heritage Kitchener Committee, dated May 4, 2021, listed as
item 7.a.1 be adopted".
7.a.1. 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 518 Bridgeport Road
as being of cultural heritage value or interest, as outlined in Development Services
Department report DSD -2021-58.
Carried, unanimously on a recorded vote.
7.b. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MAY 10, 2021
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That the reports of the Community and Infrastructure Services Committee, dated
May 10, 2021, listed as items 7.b.1 to 7.b.2 on the agenda this date, be adopted".
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7.b.1. That the Mayor and Clerk be authorized to sign an agreement with Signum Wireless, subject
to the satisfaction of the City Solicitor, to enter a land lease for the purpose of installation of a
telecommunications tower at 135 Homer Watson Blvd, as outlined in Corporate Services
Department report COR -2021-16; and further,
That the Mayor and Clerk be authorized to sign an agreement with Signum Wireless, subject
to the satisfaction of the City Solicitor, to enter a land lease for the purpose of installation of a
telecommunications tower at 35 Sportsworld Crossing.
Carried.
7.b.2. That Building staff along with Communications staff be directed to create a Termites Best
Practice Guide for residents and future property owners to follow to reduce termite colonies
and limit the impact of long-term damage and further spread into private or public property, as
outlined in Development Services Department report DSD -2021-62; and further,
That the Building Division continue to administer the Termite By-law.
Carried.
7.c. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — MAY 10, 2021
Justin Readman, General Manager, Development Services Department, responded to
questions related City -initiated Zoning By-law amendment ZBA19/011/COK/TD listed as item
7.c.2 on the agenda this date. J. Readman indicated that following the Zoning By-law
amendment, it is anticipated that staff will bring forward a further house -keeping amendment
in the fall of 2021, noting that would be an opportunity to address any issues that may have
been identified with the proposed residential base zones. J. Readman further advised the
Downtown Urban Growth Centre (UGC) will begin a public engagement process and will be
brought forward to Council at a later date for consideration.
Moved by Councillor P. Singh
Seconded by Councillor S. Marsh
"That the reports of the Planning and Strategic Initiatives Committee, dated May
10, 2021, listed as items 7.c.1 to 7.c.2 on the agenda this date, be adopted".
7.c.1. That consideration of the following recommendation be deferred to the June 14, 2021,
Planning and Strategic Initiatives Committee meeting, as requested by the applicant:
"That Official Plan Amendment Application OPA/20/002/E/KA for Rockway Holdings Ltd.
requesting a change in designation from Low Rise Residential to Medium Rise Residential to
permit 4 multiple dwelling buildings 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 -2021-41 as Appendix 'A', and accordingly forwarded to the
Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA20/005/E/KA for Rockway Holding Ltd. be
approved in the form shown in the "Proposed By-law", and "Map No. 1", attached to Report
DSD -2021-41 as Appendix "B'; 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
ZBA20/005/E/KA; and,
That the Grand River South Community Plan be repealed in its entirety."
Carried.
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7.c.2. That the City -initiated Zoning By-law amendment ZBA1 9/01 1/COK/TD to By-law 2019- 51
(CRoZBy Stage 2a -Residential Base Zones), be approved in the form shown in the "Proposed
By-law" dated April 28, 2021, and included as Attachment A to report DSD2021-42.
Carried.
8. UNFINISHED BUSINESS — NIL
9. NEW BUSINESS
9.a. Regional Council Update - Mayor B. Vrbanovic
9.a.1. Mayor B. Vrbanovic has given notice that he will introduce the following motion for
consideration this date with respect to housing support funding for people experiencing
homelessness:
Moved by Councillor M. Johnston
Seconded by Councillor S. Davey
"That the City of Kitchener support the Regional Municipality of Waterloo and other
area municipalities in their collective call for funding to respond to the urgent and
growing need for housing support funding to end homelessness in Waterloo Region,
as outlined in Region of Waterloo report CSD -HOU -21-06 - Housing Support
Funding to End Homelessness, dated May 11, 2021; and,
That Kitchener City Council request the provincial government to dedicate specific
and sustained health funding for housing supports to help people experiencing
homelessness achieve housing stability and recover from homelessness; and
further,
That the City Clerk be directed to send a copy of this resolution to the Honourable
Doug Ford, Premier of Ontario; the Honourable Christine Elliott, Minister of Health;
the Honourable Steve Clark, Minister of Municipal Affairs and Housing; the
Association of Municipalities of Ontario (AMO); the Ontario Municipal Social Services
Association (OMSSA); the Federation of Canadian Municipalities (FCM); local
Members of the Provincial Legislature (MPPs); Federal Members of Parliament
(MPs); and area municipalities within Waterloo Region."
Carried.
10. QUESTIONS AND ANSWERS — NIL
11. BY-LAWS -1ST AND 2ND READING
Council agreed to the request of Christine Tarling, City Clerk, to add one additional by-law for
three readings this date, being a by-law to further amend By-law No. 2019-051, known as the
Zoning By-law 2019 for the City of Kitchener - CRoZBy Stage 2a - Residential Base Zones.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor D. Chapman
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
11.a. Being a by-law to set and levy the rates of taxation for City purposes for the year 2021 and to
provide for the payment of taxes after interim taxes.
11.b. To further amend By-law No. 2019-113, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener.
11.c. Being a by-law to exempt certain lots from Part Lot Control - Block 45, Registered Plan 58M-
644 - 30 Saddlebrook Court.
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Mon day. May']7. 2021 _ 4- CITY OF KITCHENS
11.d. Being a By-law to amend By-law 2019-077 to extend the time period for exemption from Part
Lot Control - Part of Block 1, Plan 58M-505 - Forest Creek Drive.
11.e. Being a by-law to amend By-law 2019-079 to extend the time period for exemption from Part
Lot Control - Part of Blocks 10, 11, 15, 16 and 17, Plan 58M-504 - Hollybrook Trail and
Pondcliffe Court.
11.f. Being a by-law to amend By-law 2019-080 to extend the time period for exemption from Part
Lot Control - Part of Blocks 7, 8, 25 and 26, Plan 58M-504 - Pondcliffe Drive and Hollybrook
Trail.
11.g. Being a by-law to amend By-law 2019-082 to extend the time period for exemption from Part
Lot Control - Part of Blocks 21, 22 and 23, Plan 58M-504 - Pondcliffe Drive and Doon Creek
Street.
11.h. Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of
Kitchener - CRoZBy Stage 2a - Residential Base Zones.
1 j. 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
Chaired by Councillor M. Johnston.
12.a. TENDERS
12.a.1. FIN -2021-31 — T21-055 Duke and Ontario Streets Parking Garage - Soffit and Interior
Wall Painting
It was resolved:
"That Tender T21-055 Duke and Ontario Streets Parking Garage - Soffit and Interior Wall
Painting, be awarded to Across Canada Construction, Woodbridge, Ontario, at their tendered
price of $311,805.00, including allowances of $5,000.00, plus H.S.T. of $40,534.65, for a total
of $352,339.65."
Carried.
12.a.2. FIN -2021-33 — Q21-067 RBJ Schlegel Park Heritage House Washroom Renovation
Denise McGoldrick, General Manager, Infrastructure Services, was in attendance and
responded to questions from Council.
It was resolved:
"That Quotation Q21-067 RBJ Schlegel Park Heritage House Washroom Renovation be
awarded to Brook Restoration Ltd., Toronto, Ontario at their quoted price of $998,870.00, plus
H.S.T. of $129,853.10, for a total of $1,128,723.10."
Carried.
12.a.3. FIN -2021-34 — T21-060 Pattandon Avenue (Borden Parkway to Ottawa Street South)
Reconstruction
It was resolved:
"That Tender T21-060 - Pattandon Avenue (Borden Parkway to Ottawa Street South)
Reconstruction , be awarded to 410754 Ontario Limited o/a Sousa Concrete, Cambridge,
Ontario, at their tendered price of $2,148,513.50, including provisional items and
contingencies of $137,450.00, plus H.S.T. of $279,306.76, for a total of $2,427,820.26."
Carried.
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12.b. ADMINISTRATIVE REPORTS
12.b.1. FIN -2021-30 - Downtown Kitchener BIA and Belmont BIA 2021 Budgets
It was resolved:
"That the 2021 Budgets for the Downtown Kitchener Business Improvement Area (BIA) and
the Belmont Business Improvement Area (BIA) be approved pursuant to Section 205 (2) of
the Municipal Act, 2001."
Carried.
12.b.2. FIN -2021-32 - Kitchener Power Corp. - Annual Business Matters
It was resolved:
"That the audited financial statements of Kitchener Power Corp. for the year ended December
31, 2020 as audited by KPMG, LLP, and attached to report FIN -2021-32, be received; and
further,
That KPMG, LLP, be appointed as Auditors of Kitchener Power Corp. for the ensuing fiscal
year and Directors are authorized to set their remuneration."
Carried.
12.b.3. INS -2021-4 - Protective Bollard Installation at City Hall
Denise McGoldrick, General Manager, Infrastructure Services, was in attendance and
responded to questions from Council.
A recorded vote was requested.
It was resolved:
"That protective bollards be approved for installation at specified locations along the perimeter
of the City Hall block, as outlined in staff report INS -2021-4, in accordance with public safety
guidance; and,
That the protective bollard project be incorporated into the existing contract for City Hall
outdoor works to realize efficiencies and cost savings by undertaking the Protective Bollard
Project concurrently; and further,
That the existing construction contract, awarded to Heritage Restoration Inc., be increased by
$807,300, to be funded through the Gas Tax Reserve, to undertake the protective bollard
project."
Carried, on a recorded vote.
In Favour: Mayor B. Vrbanovic, and
Councillors S. Davey, B. loannidis, P.
Singh, S. Marsh, D. Chapman, M. Johnston,
K. Galloway-Sealock, C. Michaud and D.
Schnider.
Contra: Councillor J. Gazzola
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12.b.4. CSD -2021-5 - Exemption to Chapter 408 - Animals
"That the Deputy CAO be authorized to execute an agreement satisfactory to the City Solicitor,
granting an exemption from section 408.2.11 of Chapter 408 of the City of Kitchener Municipal
Code to a resident of the City to allow the keeping of ducks in the City provided the conditions
set out in this report CSD -2021-5 are complied with."
Carried, under Delegations.
12.b.5. COR -2021-17 - Mid -Term Appointment to Heritage Kitchener
"That Ilona Bodendorfer be appointed to Heritage Kitchener as the representative for the Civic
Centre Heritage Conservation District for the term ending November 14, 2022."
Carried.
12.b.6. Loan agreement with "Reaching Our Outdoor Friends (Kitchener)
Council considered a matter arising from an electronic in -camera meeting held earlier this
date.
It was resolved:
"That the Mayor and Clerk be authorized to execute a loan agreement with 'Reaching Our
Outdoor Friends (Kitchener)", in accordance with the direction given in -camera on May 17,
2021; and further,
To proceed to execute any related documentation to secure the loan; and finally,
That said documentation to be to the satisfaction of the City Solicitor."
Carried.
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
14. BY-LAWS - 3RD READING
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor B. loannidis
"That the by-laws be given third reading, namely:
14.a. Being a by-law to set and levy the rates of taxation for City purposes for the year 2021 and to
provide for the payment of taxes after interim taxes.
(By-law No. 2021-042)
14.b. To further amend By-law No. 2019-113, 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. 2021-043)
14.c. Being a by-law to exempt certain lots from Part Lot Control - Block 45, Registered Plan 58M-
644 - 30 Saddlebrook Court.
(By-law No. 2021-044)
14.d. Being a By-law to amend By-law 2019-077 to extend the time period for exemption from Part
Lot Control - Part of Block 1, Plan 58M-505 - Forest Creek Drive.
(By-law No. 2021-045)
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14.e. Being a by-law to amend By-law 2019-079 to extend the time period for exemption from Part
Lot Control - Part of Blocks 10, 11, 15, 16 and 17, Plan 58M-504 - Hollybrook Trail and
Pondcliffe Court.
(By-law No. 2021-046)
14.f. Being a by-law to amend By-law 2019-080 to extend the time period for exemption from Part
Lot Control - Part of Blocks 7, 8, 25 and 26, Plan 58M-504 - Pondcliffe Drive and Hollybrook
Trail.
(By-law No. 2021-047)
14.g. Being a by-law to amend By-law 2019-082 to extend the time period for exemption from Part
Lot Control - Part of Blocks 21, 22 and 23, Plan 58M-504 - Pondcliffe Drive and Doon Creek
Street.
(By-law No. 2021-048)
14.h. Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of
Kitchener - CRoZBy Stage 2a - Residential Base Zones.
(By-law No. 2021-049)
14.i. To confirm all actions and proceedings of the Council.
(By-law No. 2021-050)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 8:08 p.m.
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MAYOR CL