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HomeMy WebLinkAboutCouncil Minutes - 2019-10-28COUNCIL MINUTES OCTOBER 28, 2019 CITY OF KITCHENER The Council of the City of Kitchener met this date at 7:00 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 J. Gazzola, the minutes of the regular meeting held October 7, 2019, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF— Councillor HEREOF—Councillor P. Singh declared a pecuniary interest with respect to Development Services Department report DSD -19-233, listed as Item 1 on the Planning and Strategic Initiatives Committee report dated October 21, 2019, as he and members of his family own land within the subject area; accordingly, he did not participate in any discussion or voting regarding that matter. Councillor S. Davey declared a pecuniary interest with respect to Development Services Department report DSD -19-233, listed as Item 1 on the Planning and Strategic Initiatives Committee report dated October 21, 2019, specifically relating to building dimensions (height and garage widths) as outlined in the Residential Intensification in Established Neighbourhoods Study (RIENS), as he owns land within the subject area; accordingly, he did not participate in any discussion or voting regarding that matter. 4. COMMUNICATIONS REFERRED TO FILE— NIL 5. PRESENTATIONS — 5.a. Volunteer Long Service Awards On behalf of Council, Mayor B. Vrbanovic acknowledged the following recipients of Certificates of Appreciation and Long Service Recognition Awards: Minor Sports Groups • Kitchener Sports Association — 75 years; • Kitchener Ringette Association — 55 years; • Stanley Park T -Ball — 45 years; and, • Waterloo Region Nordic Sports Club — 35 years. Neighbourhood Associations • Central Frederick Neighbourhood Association — 40 years; and, • Cedar Hill Community Group — 30 years. 5.b. HeartBeatsHate Ms. Victoria Ford, Executive Director, and Mr. Alan Quarry, Founder, were in attendance to provide Council with information about the HeartBeatsHate organization. Mr. Quarry explained the goal of the organization is to be an antidote to hatred, and to stand in radical defiance of racism and bigotry. 6. DELEGATIONS — 6.a. Amand Drive Mayor B. Vrbanovic advised that notice had been given for any member of the public to speak for or against a by-law to close part of the public highway known as Amand Drive, listed as Items 11.a. and 14.a. COUNCIL MINUTES OCTOBER 28, 2019 -173- CITY OF KITCHENER 6.b. Reep Green Solutions Anniversary Report Mary Jane Patterson, Executive Director, and Ms. Donnique Williams, Communications Manager, Reep Green Solutions, were in attendance to present Council with the 2019 Reep Green Solutions Anniversary Report, and answer questions related to the organization's financial statements. Councillor P. Singh brought forward an amendment to Clause 1 of the Finance and Corporate Services Committee Report dated October 21, 2019, seconded by Councillor S. Marsh, that the City of Kitchener enter into a multi-year agreement with Reep Green Solutions Inc., renewed during the first budget cycle of a new term of Council; and further that the budget be increased annually based on the rate of inflation as outlined in the annual budget call. Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That Clause 1 of the Finance and Corporate Services Committee report, dated October 21, 2019 be adopted." Clause 1 amendment (Multi-year agreement with Reep) - Carried, on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. Contra: Councillor J. Gazzola. Clause 1, as amended - Carried, on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. Contra: Councillor J. Gazzola. 6. Unregistered Delegations — CRoZBY Stage 2a — Residential Base Zones Councillor P. Singh declared a pecuniary interest with respect to Development Services Department report DSD -19-233, as he and members of his family own land within the subject area; accordingly, he did not participate in any discussion or voting regarding that matter. Councillor S. Davey declared a pecuniary interest with respect to Development Services Department report DSD -19-233, specifically relating to building dimensions (height and garage widths) as outlined in the Residential Intensification in Established Neighbourhoods Study (RIENS), as he owns land within the subject area; accordingly, he did not participate in any discussion or voting regarding that matter. Mr. Rob Piambini addressed Council in opposition to increasing minimum lot widths in the proposed R-4 zoning because that would discourage infill development since severed lots would not meet the minimum requirements to build new detached or semi-detached housing. Mr. Amarjit Singh addressed Council in opposition to the proposals outlined in Development Services Department report DSD -19-233 because of the negative impact on seniors. A motion by Councillor D. Chapman amending height setback requirements failed to receive a seconder and was not considered. COUNCIL MINUTES OCTOBER 28, 2019 -174- CITY OF KITCHENER Councillor B. loannidis brought forward an amendment, seconded by Councillor S. Davey, that minimum lot width for RES -3 be deferred to the December 9, 2019 Planning and Strategic Initiatives Committee meeting, to allow for further discussion with staff. Councillor D. Chapman brought forward an amendment, seconded by Councillor B. loannidis, that the minimum parking requirements for all RES zones be deferred to the December 9, 2019 Planning and Strategic Initiatives Committee meeting, to allow for further discussion with staff. Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That the Planning and Strategic Initiatives Committee report, dated October 22, 2019 be adopted." Minimum Lot Width Deferral - Carried. Pecuniary Interest and Abstention: Councillor P. Singh because he and members of his family own property in the subject area. Minimum Parking Requirements Deferral - LOST. Pecuniary Interest and Abstention: Councillor P. Singh because he and members of his family own property in the subject area. Councillor S. Davey because he owns property in the subject area. REINS Component - Carried. Pecuniary Interest and Abstention: Councillor P. Singh because he and members of his family own property in the subject area. Councillor S. Davey because he owns property in the subject area. Balance of the recommendation — Carried. Pecuniary Interest and Abstention: Councillor P. Singh because he and members of his family own property in the subject area. 7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE — OCTOBER 21, 2019 Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That the balance of the Finance and Corporate Services Committee report, dated October 21, 2019 be adopted." Carried. COUNCIL MINUTES OCTOBER 28, 2019 -175- CITY OF KITCHENER 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — OCTOBER 21, 2019 Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That the Community and Infrastructure Services Committee report, dated October 21, 2019 be adopted." It was requested Clauses 2 and 4 of the Community and Infrastructure Services Committee report be voted on separately, with Clause 2 being a recorded vote. Councillor S. Davey brought forward an amendment to Clause 2 of the Community and Infrastructure Services Committee report dated October 21, 2019, seconded by Councillor M. Johnston, that notwithstanding the criteria outlined in the Complete Streets Guideline, a 1.5m concrete sidewalk is an acceptable alternative on residential cul-de-sacs or crescents that provide direct access to less than 50 residential units and do not provide direct access to community parks, trails or public walkway connections. Clause 2 amendment (1.5m Concrete Sidewalk) - Carried, on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. Contra: Councillor J. Gazzola. Clause 2, as amended - Carried, on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. Contra: Councillor J. Gazzola. Clause 4 - Carried. Balance of the report - Carried. 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES — OCTOBER 22, 2019 Dealt with under Delegations. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS 9.a. Regional Council Update — NIL 10. QUESTIONS AND ANSWERS— NIL Council requested and staff agreed to provide information to members of Council on lot grading regulations. It was also suggested a Strategic Session be used as an opportunity for Council to become more aware of the City's policies and regulations related to lot grading concerns raised by citizens. COUNCIL MINUTES OCTOBER 28, 2019 -176- CITY OF KITCHENER In response to questions, Mr. Justin Readman, General Manager, Development Services Department, advised the Traynor -Vanier LRT pedestrian crossing is on schedule to be completed before the end of 2019. 11. BY-LAWS (FIRST READING)— Council EADING)— Council agreed to the request of Ms. Christine Tarling, City Clerk, to add five additional by-laws for three readings this date; to adopt Amendment No. 8 to the Official Plan; to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of Kitchener— Comprehensive Review of the Zoning By-law (CRoZBy), as amended; to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener; to amend the parking administrative penalty By-law; and, to further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to close part of the public highway known as Amand Drive in the City of Kitchener. b. To confirm all actions and proceedings of the Council. c. Being a by-law to adopt Amendment No. 8 to the Official Plan. d. Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of Kitchener — Comprehensive Review of the Zoning By-law (CRoZBy), as amended. e. Being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporate of the City of Kitchener. f. Being a by-law to amend the parking administrative penalty By-law. g. Being a by-law to further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. 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 J. Gazzola 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. COR -19-046 — Encroachment Request: 87 King Street West It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 87 King Street West to authorize the installation a sign projecting out from the building fapade which will encroach over the City's King Street road allowance." COUNCIL MINUTES OCTOBER 28, 2019 -177- CITY OF KITCHENER 2. COR -19-047— Execution of Documentation with the Regional Municipality of Waterloo It was resolved: "That the CAO, Deputy CAO or Department Head be authorized to execute routine applications, permits and other such documentation with the Regional Municipality of Waterloo to facilitate the day-to-day business of the City of Kitchener, provided however if such documentation requires a financial commitment in excess of $50,000 or in excess of that which may have been authorized in the budget, then Council approval of such expenditure is required before said documentation is executed; said documentation to be to the satisfaction of the City Solicitor." In Favour: Mayor B. Vrbanovic and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway- Sealock, and C. Michaud. Contra: Councillor J. Gazzola Carried, on a recorded vote. 3. COR -19-048 —Appointment to Various Vacancies on Advisory Committees and Boards It was resolved: "That Michael Mooney be appointed as a Community Director to the Kitchener Housing Incorporated Board of Directors for a term ending November 30, 2022; and, That Mary Henein Thorn be appointed as an Associate Director to the Kitchener Housing Incorporated Board of Directors for a term ending November 30, 2022; and, That Anabelle Girard be appointed as the Citizen -at -Large representative for the Arts and Culture Advisory Committee for the term ending November 30, 2020; and, That Mark Waddell be appointed as the Practising Artist representative for the Arts and Culture Advisory Committee for the term ending November 30, 2020; and, That Kyle Wagner and Geoff Kirk be appointed as Citizen -at -Large representatives for the Cycling and Trails Advisory Committee for the term ending November 30, 2020; and, That Becky Mueller be appointed as the representative for the Civic Centre Heritage Conservation District for Heritage Kitchener for the term ending November 30, 2020; and finally, That Victoria Mance be appointed as the Archeology representative for Heritage Kitchener for the term ending November 30, 2020." 4. FIN -19-084— Property Tax Exemption —Army, Navy and Air Force Veterans Club Mayor B. Vrbanovic advised he would write a letter to the Minister of Finance lobbying the government to exempt Veteran's Organizations from all property taxation, including the educational portion. Mayor Vrbanovic noted if there is no action from the provincial government on this issue, he would have the issue included in the list of concerns for the next provincial advocacy day. It was resolved: "That the City of Kitchener continue to provide an exemption from taxation for the property leased by the Army, Navy and Air Force Veterans Club for a ten-year period ending December 31, 2029." COUNCIL MINUTES OCTOBER 28, 2019 -178- CITY OF KITCHENER Council agreed to the request of Ms. Christine Tarling, City Clerk, to add two items emanating from the in -camera meeting held this date for Council's consideration. 5. Litigation / Potential Litigation (Land issue Downtown Kitchener) It was resolved: "That the Mayor and Clerk be authorized to execute confidential minutes of settlement to give effect to the resolution of a potential litigation matter discussed and instructions given at the in -camera meeting of Council on October 28, 2019." 6. Security of Property / Solicitor -Client Privilege (Cyber Security Update) It was resolved: "That a Full Time Equivalent positon (FTE) be approved to create a Cyber Security Analyst role within Technology Innovation and Services (TIS) division by realigning existing decentralized funding sources to fund this position out of TIS operating budget; and, That Cyber security products (software/hardware/services) used to protect the City's technology infrastructure be added to Schedule "A" — Excluded Procurements of Chapter 170 of the City of Kitchener Municipal Code with respect to Purchasing and Materials Management." C. FOR INFORMATION 7. FIN -19-082 — Summary of Bid Solicitations Approved by the Director of Procurement (July 1, 2019 — September 30, 2019) Financial Services Department report FIN -19-082 (L. Stecho), dated October 17, 2019 was received as information. 13. REPORT OF THE COMMITTEE OF THE WHOLE — On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor P. Singh "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 S. Davey Seconded by Councillor S. Marsh "That the by-laws by given third reading, namely: a. Being a by-law to close part of the public highway known as Amand Drive in the City of Kitchener. (By-law No. 2019-125) b. To confirm all actions and proceedings of the Council. OCTOBER 28, 2019 COUNCIL MINUTES -179- c. Being a by-law to adopt Amendment No. 8 to the Official Plan CITY OF KITCHENER (By-law No. 2019-126) (By-law No. 2019-127) d. Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of Kitchener — Comprehensive Review of the Zoning By-law (CRoZBy), as amended. (By-law No. 2019-128) e. Being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. f. Being a by-law to amend the parking administrative penalty By-law. (By-law No. 2019-113) (By-law No. 2019-123) g. Being a by-law to further amend By-law No. 2007-138, 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. 2019-129) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Council agreed to the request of Ms. Christine Tarling, City Clerk, to add one additional by-law for three readings this date to exempt the Army, Navy and Air Force Veterans Club from the city portion of municipal property taxes. Moved by Councillor C. Michaud Seconded by Councillor K. Galloway-Sealock "That the following by-law be given first, second and third reading: a. Being a by-law to exempt the Army, Navy and Air Force Veterans Club from the city portion of municipal property taxes. (By-law No. 2019-130) And finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:14 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 28, 2019 -180- CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE — OCTOBER 21, 2019 1. That, subject to the 2020 budget deliberations, $31,370. be allocated to Reep Green Solutions as part of the Utilities 2020 Capital Budget, as outlined in Development Services Department report DSD -19-246, and further, That the City of Kitchener enter into a muli-year agreement with REEP Green Solutions Inc., renewed during the first budget cycle of a new term of council; and further that the budget be increased annually based on the rate of inflation as outlined in the annual budget call. Dealt with under Delegations and Carried, as amended, on a Recorded Vote. 2. That the proposed fees and charges contained in the 2020 User Fee Schedule attached to Financial Services Department report FIN -19-077 be approved, as amended; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — OCTOBER 21, 2019 1. That the Uniform Traffic By -Law be amended for the conversion of Bell Lane from two-way operation to one-way westbound operation between Water Street North and a point approximately 20 metres east of Francis Street North, and that on -street parking be permitted on the North side of the laneway, as outlined in Development Services Department report DSD -19-236. 2. That the City of Kitchener's Complete Streets guidelines, attached as Appendix `A' to Development Services Department report DSD -19-235, be approved and applied to the design of future street reconstruction projects; and, That the Complete Streets scorecard, included in Appendix A', be incorporated into street reconstruction project planning and reporting; and, That staff be directed to update the city's Development Manual to incorporate the Complete Streets vision, goals, principles and street designs into new developments; and, That staff be directed to report back to City Council on progress in 2024, and further, That notwithstanding the criteria outlined in the Complete Streets Guideline, a 1.5m concrete sidewalk is an acceptable alternative on residential cul-de-sacs or crescents that provide direct access to less than 50 residential units and do not provide direct access to community parks, trails or public walkway connections. Carried, as amended, on a Recorded Vote. 3. That staff be directed to bring forward a report to a future Community and Infrastructure Services Committee meeting for consideration, related to what would be required to develop a plan to become a Vision Zero community. 4. That Chapter 687 (Snow and Ice) of the City of Kitchener's Municipal Code be repealed and replaced with a new Winter Maintenance By-law, as outlined in Community Services Department report CSD -19-032. 5. That the pilot to allow parking on paved boulevards City-wide be made permanent and be permitted annually from December 1 thru March 31, and that an additional guideline be added to the program that requires any vehicle parked on a boulevard within a school zone from Monday to Friday to be removed by 8:00 a.m., as outlined in Community Services Department report CSD -19-031. 6. That a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener, be enacted, as outlined in Development Services Department report DSD - 19 -160; and further, COUNCIL MINUTES OCTOBER 28, 2019 - 181 - CITY OF KITCHENER That amendments to the Administrative Monetary Penalty System (AMPS) By-law be approved to incorporate the new Uniform Traffic By-law. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — OCTOBER 22, 2019 1. That the City -initiated Official Plan Amendment regarding additional dwelling units, attached to Development Services Department report DSD -19-233 as Appendix `D', be adopted and accordingly forwarded to the Region of Waterloo for approval; and, That the City -initiated Zoning By-law Amendment to implement CRoZBy Stage 2a - Residential Base Zones, attached to Report DSD -19-233 as Appendix `E', and amended by adding the following new section "18.2 a) iii) "effective date of this by-law" means the date on which the lands to which the provisions of section 18 apply, were included on appendix `A', either through the initial passing of this by-law, or by amendment" be approved, 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, That the issue of regulation of lodging houses in the Official Plan and Zoning By-law be referred to the Affordable Housing Strategy for further consideration, and further, That minimum lot width for RES -3 be deferred to the December 9, 2019 Planning and Strategic Initiatives Committee meeting, to allow for further discussion with staff. Dealt with under Delegations and Carried, as amended, on a Recorded Vote.