Loading...
HomeMy WebLinkAboutCouncil Minutes - 2021-08-23COUNCIL MINUTES Monday, Auaust 23, 2021 CITY OF KITCHENER The Council of the City of Kitchener met electronically this date at 7:02 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". The International Day for the Remembrance of the Slave Trade and its Abolition was then recognized by the Mayor. 2. MINUTES - On motion by Councillor D. Chapman the minutes of the regular meeting held June 28, 2021 and Special meetings held June 28 and August 9, 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 - 4.a. Acknowledgement of receipt and support from various municipalities of Council's resolution regarding the rising costs of building materials. 4.b. Acknowledgement of receipt and support from various municipalities of Council's resolution regarding Motion M-84 Anti Hate Crimes and Incidents, and private member's bill Bill -C 313 Banning Symbols of Hate Act. 4.c. Acknowledgement of receipt and support from various municipalities of Council's resolution regarding housing support funding for people experiencing homelessness. 5. PRESENTATIONS - 5.a. Sustainable Waterloo Region Tova Davidson, Sustainable Waterloo Region, presented the Year End Report. 6. DELEGATIONS - 6.a. Urban Tree Strategy Janine Toms addressed Council in support of the Urban Tree Strategy. J. Toms requested consideration be given to further measures the City could take to address unregulated tree removal for properties within the City under 1 acre in size. Niall Lobley, Director, Parks and Cemeteries, was in attendance to address work currently being completed by the City related to the Urban Tree Canopy, noting staff anticipate bringing forward a report at a future Committee meeting to provide a status update and receive Council direction. 6.b. Item 7.d.3 — Planning and Strategic Initiatives Committee Report — August 9, 2021 — DSD -2021-127 - Regional Official Plan Review: Growth Scenarios Council considered Development Services Department report DSD -2021-160, entitled Supplemental Report -Regional Official Plan Review: Growth Scenarios (T. Donegani), dated August 18, 2021, including additional information related to the Regional Official Plan Review as requested at the August 9, 2021 Planning and Strategic Initiatives Committee. Council was also in receipt of written submissions from Paul Britton, MHBC Planning and Rob Howe related to Development Services Department report DSD -2021-160. Tim Donegani, Senior Planner, advised that since the Planning and Strategic Initiatives Committee on August 9, 2021, staff has provided a supplementary report with additional information related to the comments received at that meeting. T. Donegani presented Report DSD -2021-160. Justin Readman, General Manager, Development Services Department was also in attendance to respond to questions from Council. COUNCIL MINUTES Monday, Auaust 23. 2021 - 2 - CITY OF KITCHENER Paul Britton, MHBC Planning, addressed Council on behalf of Activa Holdings. P. Britton addressed the comments in the report as it relates to housing availability and housing choice. P. Britton indicated the Region of Waterloo still needs to complete a Land Budget Assessment to properly inform preferred growth scenarios. P. Britton further addressed matters for development in the southwest area of the City, the Countryside line, adequacy of greenfield area and jobs per hectare density targets. P. Britton indicated opposition to the staff recommendation, stating he had submitted a written submission including possible amendments that would in his opinion, provide a more balanced approach for consideration. Mayor B. Vrbanovic left the meeting at this time and Councillor P. Singh assumed the Chair. In response to questions, P. Britton advised the written submission is a collaboration from Schlegel Urban Developments, Activa Holdings and the Waterloo Region Home Builders Association. Mayor B. Vrbanovic re-entered the meeting and resumed the Chair. Maria Kyveris, Home Builder Association; Robyn Brown, IBI Group; and Vaughn Bender, Schlegel Urban Developments addressed Council in opposition to the recommendation outlined in Report DSD -2021-160, noting concerns with prematurity on behalf of the City to comment on preferred growth scenarios prior to receiving a Land Budget Assessment. In response to questions, T. Donegani stated the recommendation would not preclude Council or staff to continue to review/provide comments on the preferred growth scenarios at a future date during this process. Mayor B. Vrbanovic left the meeting at this time and Councillor P. Singh assumed the Chair. Mayor B. Vrbanovic re-entered the meeting and resumed the Chair. In response to questions, T. Donegani provided clarification on the differences between the comments outlined in Options A and B. Moved by Councillor P. Singh and seconded by Councillor S. Marsh to consider staff's recommendation as outlined in Report DSD -2021-160. Moved by Councillor B. loannidis and seconded by Councillor C. Michaud to amend the staff recommendation as outlined in Report DSD -2021-160 to include Option B rather than Option A, as well as an additional clause to direct staff to refer the written submissions received by Council this date to the Region of Waterloo for their consideration in the Regional Official Plan growth scenario review. Mayor B. Vrbanovic stated due to the previous comments made by members of Council, the proposed amendments would be voted on separately. Option B was then voted on and was Carried. The staff direction to refer the comments received this date to the Region of Waterloo was then voted on and was Carried. Moved by Councillor P. Singh Seconded by Councillor S. Marsh That the City Comments in Option B in Attachment A to Development Services Department report DSD -2021-160 (Supplemental Report - Regional Official Plan Review: Growth Scenarios) be endorsed; and, That staff be directed to forward Development Services Department report DSD -2021-127 and Development Services Department report DSD -2021-160 in addition to Council's comments to the Region of Waterloo for their consideration in the update to the Region's Official Plan, and further, COUNCIL MINUTES Monday, Auaust 23. 2021 - 3 - CITY OF KITCHENER That staff be directed to refer the comments received by Kitchener City Council this date from the delegations to the Region of Waterloo for consideration in the Regional Official Plan Review. Carried. 7. REPORTS OF COMMITTEES - 7.a. AUDIT COMMITTEE - JUNE 28, 2021 Moved by Councillor S. Davey Seconded by Councillor K. Galloway-Sealock "That the Audit Committee report, dated June 28, 2021, listed as Items 7.a.1. and 7.a.2. on the agenda this date, be adopted." 7.a.1. FIN -2021-17 - 2020 Audited Consolidated Financial Statements That the 2020 Audited Consolidated Financial Statements of the City of Kitchener, as outlined in Financial Services Department report FIN -2021-17, be approved Carried. 7.a.2. CAO -2021-3 - 2nd Quarter Audit Status Report That Chief Administrative Office report CAO -2021-3, regarding the 2nd Quarter Audit Status Report, be received for information Carried. 7.b. HERITAGE KITCHENER COMMITTEE -AUGUST 3, 2021 Moved by Councillor J. Gazzola Seconded by Councillor C. Michaud "That the Heritage Kitchener Committee report, dated August 3, 2021, listed as Item 7.b.1. on the agenda this date, be adopted." 7.b.1. DSD -2021-145 - Heritage Permit Avenue, Demolition of an existing detached garage Application HPA-2021-V-021, 34-36 Richmond detached garage and construction of a new That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2021-V-021 be approved, as outlined in Development Services Department report DSD - 2021 -145, to permit the demolition of an existing detached garage located on the property municipally addressed as 34-36 Richmond Avenue; and, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2021-V-021 be approved to permit the construction of a detached garage on the property municipally addressed as 34-36 Richmond Avenue, in accordance with the plans and supplementary information submitted with the application and subject to the following condition: i. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. Carried. COUNCIL MINUTES Monday, Auaust 23. 2021 - 4 - CITY OF KITCHENER 7.c. FINANCE AND CORPORATE SERVICES COMMITTEE - AUGUST 9, 2021 It was noted the definitions for Anti -Racism, Equity and Oppression were reviewed and staff have agreed to amend the definitions in both the Equity, Inclusion and Anti -Racism Policy and Council policy GOV-COU-005 (Code of Conduct for Members of Council, Local Boards & Advisory Committees) as suggested at the Finance and Corporate Services Committee on August 9, 2021. Moved by Councillor S. Davey Seconded by Councillor K. Galloway-Sealock "That the reports of the Finance and Corporate Services Committee, dated August 9, 2021, listed as Items 7.c.1 to 7.c.5 on the agenda this date, be adopted." 7.c.1. DSD -2021-114 - All -way Stop Control Zeller Drive at Old Zeller Drive That the Uniform Traffic Bylaw be amended for the installation of an all -way stop control at the intersection of Zeller Drive and Old Zeller Drive, as outlined in Development Services Department report DSD -2021-114. Carried. 7.c.2. CSD -2021-11 - Noise Exemption — The Falls Road Pub - 296 Victoria St N — St Patty's Day Mulligan — September 17-19, 2021 That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Falls Road Pub for their St Patty's Day Mulligan being held at 296 Victoria St North on September 17-19, 2021, as outlined in Community Services Department report CSD -2021-11, as amended. Carried. 7.c.3. COR -2021-20 - Equity, Inclusion & Anti -Racism Policy That the new Equity, Inclusion and Anti -Racism Policy, attached as Appendix `A' of Corporate Services Department report COR -2021-20 be approved, as amended this date; That amendments to Council policy GOV-COU-005 (Code of Conduct for Members of Council, Local Boards & Advisory Committees), as outlined in Appendix `B' of COR -2021- 20, be approved as amended this date; and further, That staff be directed to prepare a future report addressing consideration of Neighbourhood Associations and other community groups and the regarding the Equity, Inclusion and Anti - Racism Policy. Carried, as amended. 7.c.4. COR -2021-21 - Equity & Anti -Racism Advisory Committee to Council That Council approve the creation of an Equity and Anti -Racism Advisory Committee to Council as outlined in Appendix `A' of Corporate Services Department report COR -2021- 21; and, That Council approve the creation of an interim Nominating Committee to review and select applicants for the inaugural membership appointments to the Equity and Anti -Racism Advisory Committee; and further, That Council support a review of the current Nominating Committee responsible for all Council Advisory Committee appointments through an equity and anti -racism lens to ensure diverse representation for future Nominating Committee appointments. Carried. COUNCIL MINUTES Monday, Auaust 23. 2021 - 5 - CITY OF KITCHENER 7.c.5. INS -2021-6 - RBJ Schlegel Sponsorship Funding 2020/2021 That staff allocate the 2020 and 2021 RBJ Schlegel sponsorship funding to support the development of Phase Two amenities at RBJ Schlegel Park, the Huron Road entry signage and the installation of Cricket netting, as outlined in Infrastructure Services Department report INS -2021-6; and further, That staff report back to Council on a recommended approach to future allocations of RBJ Schlegel sponsorship funding. Carried. 7.d. PLANNING AND STRATEGIC INIATIVES COMMITTEE - AUGUST 9, 2021 Moved by Councillor P. Singh Seconded by Councillor S. Marsh "That the balance of the Planning and Strategic Initiatives Committee report, dated August 9, 2021, listed as Items 7.d.1, 7.d.2, 7.d.4 and 7.d.5, be adopted". 7.d.1. DSD -2021-125 - Demolition Control Application DC21/015/E/TZ, 138 Ebydale Drive, Reid's Heritage Homes That Demolition Control Application DC21/015/E/E/TZ, requesting permission to demolish a single detached dwelling located at 138 Ebydale Drive, as outlined in Development Services Department report DSD -2021-125, be approved. Carried. 7.d.2. DSD -2021-144 - Demolition Control Application DC21/024/W/TS, 175 Wellington Street North, 1867528 Ontario Inc. That Demolition Control Application DC21/024/W/TS requesting permission to demolish a single detached dwelling located at 175 Wellington Street North, as outlined in Development Services Department report DSD -2021-144, be refused. Carried. 7.d.3. DSD -2021-127 - Regional Official Plan Review: Growth Scenarios Carried as amended, dealt with under delegations. 7.d.4. DSD -2021-123 - Official Plan Amendment OPA21/003/B/ES, Zoning By-law Amendment ZBA21/006/B/ES, 120 Bullock Street, PDCP Block 5 Industrial GP Inc. That Official Plan Amendment Application OPA21/003/B/ES for PDCP Block 5 Industrial GP Inc. requesting a change in designation from Commercial to General Industrial Employment, a change in urban structure from Arterial Commercial to Industrial Employment Area, and the removal of Specific Policy Area 30 from the subject site be adopted in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -21-123 as Attachment "A", for the lands specified and illustrated as the "Area of Amendment" on Schedule "A", Schedule "B" and Schedule "C", and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment application ZBA21/006/B/ES for PDCP Block 5 Industrial GP Inc. be approved in the form shown in the "Proposed By-law" and "Map No. 1" attached to Report DSD -21-123 as Attachment "B"; and further, 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 ZBA21 /006/B/ES. Carried. COUNCIL MINUTES Monday, Auaust 23. 2021 - 6 - CITY OF KITCHENER 7.d.5. DSD -2021-122 - Sign Variance Application SVA2021-005, Address: 105 King Street East (Crowne Plaza Hotel), Owner: Vista Waterloo Limited Partnership Council considered Development Services Department report DSD -2021-163, entitled Follow-up Regarding Sign Variance Application SVA2021-005, Address: 105 King Street East (Crowne Plaza Hotel), Owner: Vista Waterloo Limited Partnership (A. Pinnell), dated August 19, 2021, which included additional information related to dialogue with the applicant on the proposed sign variance as requested at the August 9, 2021 Planning and Strategic Initiatives Committee. Andrew Pinnell, Senior Planner, Lesley MacDonald, City Solicitor and Justin Readman, General Manager, Development Services Department were in attendance to respond to questions from Council. Moved by Councillor S. Marsh and seconded by Councillor D. Chapman to approve the staff recommendation as outlined in Report DSD -2021-122 to refuse the digital sign as per Sign Variance Application SVA2021-005. Moved by Councillor S. Marsh and seconded by Councillor C. Michaud n to go in -camera to receive advice that is subject to solicitor -client privilege as per s. 239(2)(f) of the Municipal Act, which was voted on and was LOST. The motion to refuse Sign Variance Application SVA2021-005 was then LOST on a recorded vote, with Councillors C. Michaud, K. Galloway-Sealock, M. Johnston, D. Chapman and S. Marsh voting in favour; and, Mayor B. Vrbanovic, and Councillors S. Davey, D. Schnider, J. Gazzola, P. Singh and B. loannidis voting in opposition. Moved by Councillor. D. Schnider and seconded by Councillor P. Singh to approve Sign Variance Application SVA2021-005, including the suggested conditions as outlined in Report DSD -2021-163, including: that the sign is entered into a black screen/sleep mode between the hours of 11:00 p.m. and 6:00 a.m.; third party advertising not be permitted; and, that the illumination shall not exceed 5,000 nits during the period between sunrise and sunset; and not exceed 300 nits during the period between sunset and sunrise; and further that staff be directed to prepare a By-law related to the approval for the September 20, 2021 Council meeting. It was suggested and agreed that staff be directed to review the wording in the By-law for the September 20, 2021 Council meeting related to the illumination levels, and if possible, to add some enforcement discretion depending on type of day/weather conditions, etc. Moved by Councillor D. Schnider Seconded by Councillor P. Singh "That Sign Variance Application SVA2021-005 related to the property municipally addressed as 105 King Street East for Vista Waterloo Limited Partnership, as outlined in Development Services Department reports DSD -2021-122 and DSD - 2021 -163 for the purpose of allowing a digital sign on the Benton Street facade of the existing building, requesting the following relief from Section 680 of the Municipal Code ("Sign By-law"), be approved, subject to the following conditions: 1. That the owner shall ensure the sign is entered into a black screen/sleep mode between the hours of 11:00 p.m. and 6:00 a.m. 2. That approval of Sign Variance Application SVA2021-005 not permit third party advertising; and further, That staff be directed to prepare a By-law for consideration at the September 20, 2021 Council meeting related to Sign Variance Application SVA2021-005 including requirements related to permitted illumination levels." Carried on a recorded vote. COUNCIL MINUTES Monday, Auaust 23. 2021 - 7 - CITY OF KITCHENER In Favour: Mayor B. Vrbanovic, and Councillors S. Davey, D. Schnider, J. Gazzola, P. Singh, M. Johnston and B. loannidis. Contra: Councillors K. Galloway-Sealock, D. Chapman, C. Michaud and S. Marsh. 8. UNFINISHED BUSINESS - NIL. 9. NEW BUSINESS - 9.a. COVID-19 Update Dan Chapman, Chief Administrative Officer, provided an update on the City's response to the COVID-19 global pandemic. Council agreed to the request of Councillor S. Davey to consider a Notice of Motion related to COVID-19 vaccination policies. Moved by Councillor S. Davey Seconded by Councillor D. Schnider "WHEREAS On August 17, 2021, the Province of Ontario announced that, "in response to evolving data around the transmissibility of the Delta variant and based on the recent experiences of other jurisdictions, the government, in consultation with the Chief Medical Officer of Health, is taking action to increase protection for our most vulnerable, including frail seniors, immunocompromised individuals and young children who are not yet eligible for vaccination; and, WHEREAS Ontario's Chief Medical Officer of Health (CMOH) has advised that keeping a low rate of infection in our communities and protecting our most vulnerable is how we can keep schools, businesses and social settings as safe as possible while minimizing disruption; and, WHEREAS the CMOH has taken clear and decisive action in the education, home and community care services, ambulance services and health care sectors by requiring vaccination policies regarding disclosure, education and regular rapid testing for those not vaccinated; and, WHEREAS the Federal Government, Provincial Government, City of Toronto and other government bodies have announced their plans to introduce mandatory vaccine policies applicable to their entire workforces; and, THEREFORE BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Honourable Doug Ford, Premier of Ontario; the Honourable Steve Clark, Minister of Municipal Affairs; the Honourable Christine Elliott, Deputy Premier of Ontario and Minister of Health, to the Federation of Canadian Municipalities, Association of Municipalities of Ontario and all municipalities within Waterloo Region." Carried unanimously, on recorded vote. 10. QUESTIONS AND ANSWERS — 10.a. A Better Tent City Mayor B. Vrbanovic provided an update on a Better Tent City and direction that was recently considered by the Region of Waterloo to address homeless within the Region of Waterloo. COUNCIL MINUTES Monday, Auaust 23. 2021 - 8 - CITY OF KITCHENER In accordance with Municipal Code Chapter 25 (Procedural By-law), Section 25.4.16 (Termination of Council Proceedings) Mayor B. Vrbanovic requested a motion for the Council meeting to extend past 11:00 P.M. Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That approval be given for this meeting of Council to continue past 11:00 p.m." Carried Unanimously. 11. BY-LAWS -1ST AND 2ND READING - Council agreed to the request of Christine Tarling, City Clerk, to add two additional by-laws for three readings this date, relating to an Official Plan Amendment and Zoning Amendment By-law listed as Item 7.d.4. on the Planning and Strategic Initiatives Committee report. Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That leave be given the Mover and Seconder to introduce the following by-laws, namely - 1 1.a. amely: 11.a. Being a by-law to exempt certain lots from Part Lot Control — Block 30, Registered Plan 58M-630 — Chapel Hill Drive 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 designate the property municipally known as 518 Bridgeport Road in the City of Kitchener as being of historic and cultural heritage value or interest. 11.d. To confirm all actions and proceedings of the Council. 11.e. Being a by-law to adopt Amendment No. 14 to the Official Plan. 11.f. Being a by-law to amend by-law 2019-051, as amended, known as the Zoning by-law for City of Kitchener — PDCP Block 5 Industrial GP Inc. & PDCP Block 5 Industrial Limited Partnership — 120 Bullock Street. 12. COMMITTEE OF THE WHOLE - On motion, Council resolved itself into the Committee of the Whole to consider its agenda and was Chaired by Councillor D. Chapman. 12.a. TENDERS 12.a.1. T21-088 Creek Restoration and Multi -Use Trial Contract — Shoemaker Creek It was resolved: "That Tender T21-088 Creek Restoration and Multi -Use Trail Contract — Shoemaker Creek (Homer Watson Blvd. to Canadian National Railway), be awarded to 2220742 Ontario Ltd. o/a Bronte Construction, Burlington, Ontario, at their tendered price of $5,165,273.19, including contingencies of $250,000.00, plus H.S.T. of $671,485.51, for a total of $5,836,758.70." Carried. COUNCIL MINUTES Monday, Auaust 23. 2021 - 9 - CITY OF KITCHENER 12.a.2. Q21-106 RBJ Schlegel Park Phase 2 — Operations Building and Site Development It was resolved: "That Quotation Q21-106 RBJ Schlegel Park Phase 2 — Operations Building and Site Development be awarded to Gateman-Milloy Inc., Kitchener, Ontario at the adjusted bid price of $3,306,204.50, including allowances, contingencies, and provisional items of $419,389.00, plus H.S.T. of $429,806.59, for a total of $3,736,011.09." Carried. 12.b. ADMINISTRATIVE REPORTS 12.b.1. Exemption from Chapter 408 of the City of Kitchener Municipal Code (Animals) It was resolved: "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 a service animal in the City provided the conditions set out in Community Services Department report CSD - 2021 -9 are complied with." Carried. 12.b.2. Uncollectable Miscellaneous Receivables Accounts Write -Off It was resolved: "That uncollectable Miscellaneous Receivable Accounts amounting to $73,588 be written off against the Allowance for Doubtful Receivables, as outlined in Financial Services Department report FIN -2021-38." Carried. 12.b.3. Uncollectable Utility Receivable Account Write-off It was resolved: "That uncollectable Utility Accounts amounting to $272,871 be written off against the Allowance for Doubtful Utility Receivables, as outlined in Financial Services Department report FIN -2021-39." Carried. 12.13, 4 Zero Emissions Vehicle Infrastructure Program Council considered a matter arising from an electronic in -camera meeting held earlier this date. It was resolved: "That the City of Kitchener's funding in the amount of $282,807.31 be approved; and further, That the General Manager of Infrastructure Services be authorized to execute any agreements as per the caucus direction of August 23, 2021; said agreements to be to the satisfaction of the City Solicitor." Carried. 13. REPORT OF THE COMMITTEE OF THE WHOLE - COUNCIL MINUTES Mflndaw. August 23. 2021 -10 - CITY OF KITCHENS h 14. BY-LAWS - 3RD READING - Moved by Councillor D. Schnider Seconded by Councillor M. Johnston "That the by-laws be given third reading, namely: 14.a. Being a by-law to exempt certain lots from Part Lot Control - Block 30, Registered Plan 58M-630 - Chapel Hill Drive (By-law No. 2021-068) 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. 2021-069) 14.c. Being a by-law to designate the property municipally known as 518 Bridgeport Road in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law No. 2021-070) 14.d. To confirm all actions and proceedings of the Council. (By-law No. 2021-071) 14.e. Being a by-law to adopt Amendment No. 14 to the Official Plan. (By-law No. 2021-072) 14.f. Being a by-law to amend by-law 2019-051, as amended, known as the Zoning by-law for City of Kitchener — PDCP Block 5 Industrial GP Inc. & PDCP Block 5 Industrial Limited Partnership - 120 Bullock Street. (By-law No. 2021-073) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. MAYOR On motion, the meeting adjourned at 11:07 p.m. v CLERK