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HomeMy WebLinkAboutCouncil Minutes - 2021-09-20N El Council Meeting Minutes September 20, 2021, 7:00 p.m. Electronic Meeting Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Gazzola Councillor C. Michaud Councillor K. Galloway-Sealock Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Marsh Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator V. Raab, General Manager, Corporate Services J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services L. MacDonald, City Solicitor B. Rowland, Director, Corporate Communications and Marketing C. Tarling, City Clerk D. Saunderson, Deputy Clerk S. Goldrup, Committee Administrator Others Present Garett Stevenson, Manager, Development Services Eric Schnider, Senior Planner 1, COMMENCEMENT The electronic meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada." September 30th, The National Day for Truth and Reconciliation, was then recognized by the Mayor. 2. MINUTES FOR APPROVAL On motion by Councillor S. Marsh the minutes of the regular meeting held August 23, 2021 and Special meetings held August 23 and September 13, 2021 as mailed to the Mayor and Councillors, were accepted. 3_ DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.1 Councillor S. Marsh - COR -2021-25 - Decision of Licensing Tribunal - Chapter 553 (Lodging House) re: 249 Duke Street East, Kitchener, Ontario Councillor S. Marsh declared a conflict related to Report COR -2021-25 listed on the Committee of the Whole agenda this date, noting she had previously declared a conflict on the matter due to her knowledge of the situation and accordingly did not participate in any voting or discussion related to the matter. 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request under Policy MUN-FAC-442: 4.1.a Emancipation Month -August 23 -September 1, 2021 4.1.b Every Child Matters -September 30 -October 4, 2021 5. PRESENTATIONS 5.1 Reep Green Solutions Annual Report Patrick Gilbride, Reep Green Solutions, presented their 2020-2021 Annual Report, which included a summary of the work undertaken by Reep Green Solutions in the past year. 6. DELEGATIONS 5.1 Financial Services Department report FIN -2021-51, listed as Item 12.2.a on the Committee of the Whole agenda. Council considered report FIN -2021-51 - External Audit Planning Report for Fiscal Year 2021, dated September 10, 2021, (G. Demacio) recommending approval of the Audit Planning Report for the year ending December 31, 2021 prepared by KPMG. Courtney Cheal and Matthew Betik, KPMG, were in attendance to present the Audited Financial Planning Report and respond to questions from Council. Moved by Councillor S. Davey Seconded by Councillor K. Gal loway-Sealock 2 "That the Audit Planning Report for the year ending December 31, 2021 prepared by KPMG, attached as Appendix 1 to report Financial Services Department report FIN -2021-51, be approved." Carried 6.2 Development Services Department report DSD -2021-124, listed as Item 7.2.b under the Planning and Strategic Initiatives Committee report dated September 13, 2021. Council was in receipt of a written submission from Scott Patterson, Patterson Planning Consultants Inc., dated September 20, 2021, related to Item 7.2.b under the Planning and Strategic Initiatives Committee report. S. Patterson addressed Council in support of the staff recommendation outlined in report DSD -2021-124 - Draft Plan of Condominium (Vacant Land) 30 CDM - 20206 - Demolition Control DC21/019/N/ES - 99-109 North Hill Place & 29 Chicopee Terrace - 99 North Hill Place Inc., noting that following the Planning and Strategic Initiatives Committee, in consultation with the property owner, they are in agreement with providing 2.4m high privacy fence along all common property lines shared between the subject lands and 3, 7, 11, 15, 21 and 25 Chicopee Terrace; a 1.2m high chain link fence along the common property line shared between the subject lands and lands owned the Grand River Conservation Authority; and will address storm water management, which were raised as concerns. In response to questions, S. Patterson stated he would follow up with the applicant related to the suggestion to potentially donate any salvaged materials through the demolition process to organizations such as Habitat for Humanity. E. Schnider, Planner, provided additional details related to questions raised at the Planning and Strategic Initiatives Committee, specifically with respect to the road reconstruction, development charges and property taxes. Moved by Councillor D. Schnider, seconded by Councillor M. Johnston, to amend staff's recommendation to include two additional clauses requiring a 2.4m high privacy fence along all common property lines shared between the subject lands and 3, 7, 11, 15, 21 and 25 Chicopee Terrace, and require a 1.2m high chain link fence along the common property line shared between the subject lands and lands owned the Grand River Conservation Authority, and to show the above noted fencing details on the final Landscape Plan, prior to final Site Plan approval, to the satisfaction of the Direction of Planning, and, that existing overland flow storm water management issues be addressed in the detailed :3 engineering design for stormwater management, prior to final Site Plan approval, to the satisfaction of the City's Director of Engineering Services. Councillor Schnider's amendment was voted on and was Carried. Moved by Councillor P. Singh Seconded by Councillor S. Marsh "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, grant draft approval to Condominium Application 30CDM-20206 for 99-109 North Hill Place & 29 Chicopee Terrace in the City of Kitchener, subject to the conditions shown in Development Services Department report DSD -21-124, Appendix "A"; and, That Demolition Control Application DC21/019/N/ES requesting permission to demolish 4 single detached dwellings located at 99-109 North Hill Place & 29 Chicopee Terrace be approved; and, That applicant be required to install a 2.4m high privacy fence along all common property lines shared between the subject lands and 3, 7, 11, 15, 21 and 25 Chicopee Terrace, and require a 1.2m high chain link fence along the common property line shared between the subject lands and lands owned the Grand River Conservation Authority, and to show the above noted fencing details on the final Landscape Plan, prior to final Site Plan approval, to the satisfaction of the Direction of Planning; and further, That existing overland flow storm water management issues be addressed in the detailed engineering design for stormwater management, prior to final Site Plan approval, to the satisfaction of the City's Director of Engineering Services." Carried 6.3 Corporate Services Department report COR -2021-24, listed as Item 12.2.e on the Committee of the Whole agenda. Council considered report COR -2021-24 — Appeal - Payday Loan Establishment - New Location", dated September 1, 2021. (H. Fylactou) recommending refusal of a Business Licence application for Floaters, Inc. to relocate their payday loan establishment to the property municipally addressed as 78 King Street West. Tina May, Business Owner, was in attendance in opposition to the recommendation outlined in report COR -2021-24, noting the business was given E 60 days to leave their current property due to Conestoga College's interest in expanding their enrollment at their Downtown Campus. T. May indicated they are a locally run business with a positive operating history. T. May requested Council approve an exemption to Schedule 17.1 of Chapter 599 (Business Licensing) to allow her business to relocate to 78 King Street West. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That as per the regulations outlined in Chapter 599 (Business Licensing) of the City of Kitchener Municipal Code, save and except for Section 17.1, a payday loan business licence be granted to Floaters, Inc. for the property municipally addressed as 78 King Street West, outlined in Corporate Services Department report COR -2021-24; and further, That staff be directed to prepare a By-law to amend Chapter 599 (Business Licensing) of the City of Kitchener Municipal Code, Section 17.1 to remove 25 Frederick street and replace it with 78 King Street West on the list of permitted locations." Carried 7. REPORTS OF COMMITTEES 7A FINANCE AND CORPORATE SERVICES COMMITTEE - SEPTEMBER 13, 2021. Moved by Councillor S. Davey Seconded by Councillor K. Galloway-Sealock "That the report of the Finance and Corporate Services Committee, dated September 13, 2021, listed as items 7.1.a to 7.1.d on the agenda this date, be adopted." 7.1.a DSD -2021-89 -Temporary Artwork Agreements "That the Executive Director of Economic Development be authorized to execute agreements with artists & property owners for the creation, installation & presentation of temporary artworks valued at less than $10,000 on private or City property; said agreements to be developed to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD -2021-89." Carried. 5 7.1.b DSD -2021-117 -Janet Metcalfe Public School Traffic Safety Improvements "That the Uniform Traffic Bylaw be amended to prohibit U-turns on Seabrook Drive from the south intersection with Forest Grove Lane to Amand Drive, and on Amand Drive from Grovehill Crescent to Seabrook Drive, as outlined in Development Services Department report DSD -2021- 117." Carried. 7.1.c COR -2021-22 - Community Grant Program for Black, Indigenous & Racialized Groups & Organizations "That the proposed grant program for Black, Indigenous & Racialized Communities in Kitchener, as outlined in Appendix A of Corporate Services Department report COR -2021-22, be approved with an annual budget of $50,000 for the first three years; and, That the unused Community Grants balance of $138,000 be reallocated to fund the proposed community grant program for the first three years; and, That the Deputy Chief Administrative Officer and General Managers be authorized to execute agreements with recipients pertaining to the proposed community grant program; and, That starting in the Fall of 2021, the City will begin the collection and reporting of demographic data for organizations receiving grants in all other grant streams; and further, That staff be directed to report back following the commencement of year one of the program to provide information on the projects that were supported by the grant program." Carried. 7.1.d DSD -2021-126 -Active Transportation & Trails Advisory Committee New Terms of Reference "That the name and mandate of the Kitchener Cycling and Trails Advisory Committee be changed to Kitchener Active Transportation and Trails Advisory Committee, as outlined in Development Services Department report DSD -2021-126; and further, That the new terms of reference for the Kitchener Active Transportation and Trails Advisory Committee be adopted, effective January 1, 2022." Carried. 6 7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - SEPTEMBER 13, 2021. Moved by Councillor P. Singh Seconded by Councillor S. Marsh "That the balance of the Planning and Strategic Initiatives Committee report, dated September 13, 2021, listed as items 7.2.a and 7.2.c on the agenda this date, be adopted." 7.2.a DSD -2021-159 - Draft Plan of Condominium (Vacant Land) 30CDM-21207 - 60 Trussler Road - Elev8 Properties Inc. "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, grant draft approval to Condominium Application 30CDM-21207 for 60 Trussler Road in the City of Kitchener, subject to the conditions shown in Appendix "A" to Report DSD -21-159." Carried. 7.2.b DSD -2021-124 - Draft Plan of Condominium (Vacant Land) 30 CDM -20206 - Demolition Control DC21/019/N/ES - 99-109 North Hill Place & 29 Chicopee Terrace - 99 North Hill Place Inc. Carried as amended, dealt with under delegations. 7.2.c DSD -2021-161 - City of Kitchener Development Manual Update "That the updated City of Kitchener Development Manual be adopted and in force as of Council's approval; and, That the City of Kitchener Development Manual be reviewed by staff every two (2) years for minor revisions and every five (5) years for major revisions to keep current; and further, That the General Manager of the Development Services Department be authorized to approve minor changes to the Development Manual, as needed, with major changes requiring Council approval." Carried. 8, UNFINISHED BUSINESS - NIL 9, NEW BUSINESS 9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC 10. QUESTIONS AND ANSWERS Questions were raised regarding: • Other types of softer intensification options such as laneway homes and whether those were being considered now that the City has approved accessory units in rear yards; and, • The 40 Km / Traffic Study and its reporting timeline. 11. BY-LAWS 11.1 1ST AND 2ND READING Moved by Councillor D. Chapman Seconded by Councillor K. Gal loway-Sealock "That leave be given the Mover and Seconder to introduce the following by-laws, namely: 11.1.a 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. 11.1.b Being a by-law to amend Chapter 680 of the Municipal Code to add a site- specific major variance for 105 King Street East. 11.1.c 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 was Chaired by Councillor S. Marsh. 12.1 TENDERS 12.1.a FIN -2021-46 - Q21-077 Decorative Outdoor Lighting Supply Partner It was resolved: "That Quotation Q21-077 Decorative Outdoor Lighting Supply Partner, be awarded to Gerrie Electric Wholesale Ltd., Burlington, Ontario, at their quoted price of $2,285,608.00, plus H.S.T. of $297,129.04, for a total of $2,582,737.04, provided a satisfactory contract is executed." Carried t3 12.1.b FIN -2021-49 - Q21-120 One (1) 19,504 kg (43,000 Ib.) G.V.W. Single Axle Snowplow with Plow Equipment It was resolved: "That Q21-120 One (1) 19,504 kg (43,000 Ib.) G.V.W. Single Axle Snowplow with Plow Equipment, be awarded to Team Truck Centres Inc., London, Ontario, at their quoted price of $296,655., plus H.S.T. of $38,565.15, for a total of $335,220.15." Carried 12.1.c FIN -2021-50 - Q21-121 One (1) All -Terrain Four -Wheel Drive Articulating Sidewalk Sweeper It was resolved: "That Q21-121 One (1) All -Terrain Four -Wheel Drive Articulating Sidewalk Sweeper, be awarded to Cubex Equipment Ltd., Brantford, Ontario, at their quoted price of $139,558.73, plus H.S.T. of $18,142.63, for a total of $157,701.36." Carried 12.2 ADMINISTRATIVE REPORTS 12.2.a FIN -2021-51 - External Audit Planning Report for Fiscal Year 2021 Dealt with under Delegations. 12.2.b FIN -2021-52 - 2021 Debt Issue Revision It was resolved: "That a total of $321,000 be transferred from the Tax Capital Reserve to the Capital Pool in order to fund capital projects identified as debt funded in 2021." Carried 12.2.c FIN -2021-53 - 2022 Budget Schedule Revision It was suggested and agreed that the proposed budget schedule outlined in report FIN -2021-53, be approved save and except for November 29, 2021 as there is a potential conflict with the Region of Waterloo and their proposed 9 budget schedule. Staff was requested to give further consideration to that date and bring forward additional options for consideration. It was resolved: "That the revised 2022 Budget Meeting Schedule, as outlined in Financial Services Department report FIN -2021-53 be approved, save and except for November 29, 2021, whereas staff are requested to bring forward alternative options to review the Capital budget." Carried 12.2.d FIN -2021-47 - Applications for Cancellation, Refund, Reduction of Taxes It was resolved: "That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $735,224.27 as attached to Financial Services Department report FIN -2021-47, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act")." Carried 12.2.e COR -2021-24 - Appeal - Payday Loan Establishment - New Location Carried, dealt with under delegations. 12.2.f COR -2021-27 - Recommendations for Interim Nominating Committee responsible for the selection of Equity & Anti -Racism Advisory Committee membership It was resolved: "That Council approve the list of recommended members who will make up the Interim Nominating Committee responsible for the appointment of members to the Equity & Anti -Racism Advisory Committee for the Fall of 2021." Carried 12.2.8 COR -2021-25 - Decision of Licensing Tribunal - Chapter 553 (Lodging House) re: 249 Duke Street East, Kitchener, Ontario Councillor S. Marsh declared a conflict on this item. (Councillor S. Marsh declared a conflict related to Report COR -2021-25 listed on the Committee of the 10 Whole agenda this date, noting she had previously declared a conflict on the matter due to her knowledge of the situation and accordingly did not participate in any voting or discussion related to the matter.) Due to the previously declared conflict, Councillor S. Marsh did not participate in any voting or discussion related to this matter. Mayor B. Vrbanovic assumed the Chair. It was resolved: "That the decision of the Licensing Tribunal, attached to Corporate Services Department report COR -2021-25, on the matter of a lodging house licence (Chapter 553 - City of Kitchener Municipal Code) issued to Ann Hamilton (preferred name Ann Tambur) for the operation of a Lodging House, at the property municipally addressed as 249 Duke Street East, Kitchener, Ontario, be adopted." Carried 12.3 FOR INFORMATION ONLY 12.3.a FIN -2021-45 - Summary of Bid Solicitations Approved by the Manager of Procurement (April 1, 2021 - June 30, 2021) 13. REPORT OF THE COMMITTEE OF THE WHOLE On motion, Council rose from the Committee of the Whole. Moved by Councillor S. Marsh Seconded by Councillor D. Schnider 14. BY-LAWS 14.1 3RD READING Moved by Councillor M. Johnston Seconded by Councillor D. Schnider "That the by-laws be given third reading, namely: 14.1.a 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. 20201-074) 11 14.1.b Being a by-law to amend Chapter 680 of the Municipal Code to add a site- specific major variance for 105 King Street East. (By-law No. 2021-075) 14.1.c To confirm all actions and proceedings of the Council. (By-law No. 2021-076) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. 15. ADJOURNMENT On motion, the meeting adjourned at 8:37 p.m. Mayor Clerk "