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HomeMy WebLinkAboutCouncil Minutes - 2021-01-251916111kiIN10d,IIki011*11 JANUARY 25, 2021 CITY OF KITCHENER The Council of the City of Kitchener met electronically this date at 7:03 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." Mayor B. Vrbanovic acknowledged that today marked one year since the first case of COVID-19 in Canada and ten months since an emergency was declared in the City of Kitchener and throughout the Waterloo Region. Mayor B. Vrbanovic paid tribute to our local health care professionals, first responders, city staff, and other essential workers who have helped our community through this unprecedented period. Mayor Vrbanovic also acknowledged the 9,027 individuals who have struggled with a diagnosis of COVID-19 in the Waterloo Region. Mayor B. Vrbanovic ended with a moment of silence to honour the 191 people locally who have died as a result of this global pandemic. 2. MINUTES — On motion by Councillor J. Gazzola, the minutes of the regular meeting held December 14, 2020, and special meetings held December 14, 2020, January 14, 2021 and January 18, 2021, as mailed to the Mayor and Councillors, were accepted. ���]l,Yy��>;Y�1:7��]��x�i�1►1/�1:�'�1►::�:7��r�1►1��:a�r7�►1�:7�1�►/��r�1:7�:a�:7x�7�►11� 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a. Committee of the Whole Item 4 — DSD -21-008 — Zoning By-law Amendment Application ZBA19/001/B/GS — 169 Borden Inc. — 155 & 169 Borden Avenue North Council considered Development Services Department report DSD -21-008, dated January 11, 2021, listed as Item 4 on the Committee of the Whole agenda dated this date. Council was in receipt this date of comments submitted by Laura Lave relating to the Zoning By-law Amendment Application by 169 Borden Inc. Pierre Chauvin, VIVE Corporation, was in attendance in support of Development Services Department report DSD -21-008, recommending approval of Zoning By-law Amendment Application ZBA19/001/B/GS for 155 and 169 Borden Avenue North. In response to Council's questions, P. Chauvin advised that, through the site plan approval process, the building location shifted slightly. This shift does not change the proposed building but has reduced the retaining wall at the rear of the property. In response to questions, Garrett Stevenson, Senior Planner, was in attendance and explained a larger retaining wall was proposed in order to allow for the most rear part of the building to be below grade for parking. G. Stevenson noted during the site planning process, the building's design was changed to exchange the underground parking for surface lot parking at the rear, which removed the need for artificial grading. It was noted the rear lot would be a full story below the adjacent properties and with landscaping and a visual barrier will buffer headlight glare on the neighbouring properties. Moved by Councillor B. loannidis Seconded by Councillor P. Singh "That Zoning By-law Amendment Application ZBA19/001/B/GS for 169 Borden Inc. requesting a change from Residential Six (R-6) and Neighbourhood Institutional (INS -1) to Residential Eight with Special Regulation Provision 753R for the parcels of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated December 5, 2020, attached to Report DSD -21-008 as Appendix "A", and further, COUNCIL MINUTES JANUARY 25, 2021 - 7 - CITY OF KITCHENER That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA19/001 /B/GS." Carried Unanimously. 6.b. Development Services Department report DSD -21-001 — Heritage Permit Application HPA- 2021-IV-001 Council considered Development Services Department report DSD -21-001, dated December 22, 2020, listed as Item 1 on the Heritage Kitchener Committee report dated January 5, 2021. Council was in receipt of additional information submitted by the applicant relating to various costs associated with suggested materials to be used in updating the windows on the heritage building. The Applicants, Brodie Barth and Emily Scherman, were in attendance to speak in support of the Heritage Kitchener resolution recommending approval of the Heritage Permit Application HPA-2021-IV- 001, as outlined in Development Services Department report DSD -21-001. In response to Council's questions, B. Barth explained there is a significant cost associated with wood windows as compared to vinyl windows. B. Barth further explained the full window restoration costs for the full set of 45 windows would be approximately $198,000, with maintenance costs every 7.5 years of approximately $36,000. Jean Haalboom was in attendance requesting Council amend the Heritage Kitchener recommendation to include the following conditions: the proposed metal roof be finished as a standing -seam roof, grey or grey -brown colour resembling the original aged wooden cedar shingle roof; the proposed dormers be completed with the same proportions, cladding, exterior and window details shown on the photograph of the Shoemaker House from the Mennonite Archives of Ontario; the proposed addition be modified to include the restoration of the existing porch feature. J. Haalboom further requested Council defer any decision on the proposed window replacement until the March Council meeting. Gail Pool, Frances Stewart, and Shannon Kyles were in attendance to speak in favour of wood windows instead of vinyl windows as part of the proposed restoration. Peter Ciuciura was in attendance to speak in favour of vinyl windows as proposed by the applicant. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor D. Chapman to approve the recommendation from the Heritage Kitchener Advisory Committee that Heritage Permit Application HPA-2021-IV-001 be approved, as outlined in Development Services Department report DSD - 21 -001. Councillor C. Michaud brought forward the following amendment, seconded by Councillor D. Chapman: That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit application HPA-2021-IV- 001 be approved as set out in Development Services report DS -21-001, subject to the following conditions: 1. The proposed metal roof be finished as a standing -seam roof, grey/grey brown colour resembling the original aged wooden cedar shingle roof. 2. The proposed dormers be completed with the same proportions, cladding, exterior and window detail shown on the photograph of the Shoemaker House from the Mennonite Archives of Ontario. 3. The proposed addition be modified to include the restoration of the existing porch feature. 4. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit; and further, That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPQ-2021- IV-001 for proposed replacement of windows on the property municipally addressed as 38 Shirk Place be deferred to the March meeting of Council. Councillor S. Davey requested a recorded vote for the amendment and main motion. COUNCIL MINUTES JANUARY 25, 2021 - 8 - CITY OF KITCHENER Councillor C. Michaud's amendment was voted on and LOST, on a recorded vote with Councillors C. Michaud and D. Chapman voting in favour and, Mayor B. Vrbanovic, and Councillors S. Davey, D. Schnider, J. Gazzola, K. Galloway-Sealock, P. Singh, B. loannidis, M. Johnston and S. Marsh voting in opposition. Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-2021- IV-001 be approved, as outlined in Development Services Department report DSD -21-001, to permit the replacement of the roof; replacement of windows; restoration of roof dormers; and construction of a second story rear addition on the property municipally addressed as 38 Shirk Place, in accordance with the plans and supplementary information submitted with the application and subject to the following condition: i. That final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit." Carried Unanimously on a recorded vote. 6.b. Committee of the Whole Item 2 — COR -21-002 — Prohibited Dog Designation Appeal - Vulina Council considered Corporate Services Department report COR -21-002, dated January 11, 2021, listed as Item 2 on the Committee of the Whole agenda dated this date. The Appellant, Srdjan Vulina, was in attendance in opposition to the recommended prohibited dog designation by the Dog Designation Appeal Committee. S. Vulina explained vet records for the dog do not indicate the breed as a pit bull and suggested the process for identifying pit bull breeds based solely on physical characteristics can lead to human error. S. Vulina requested the designation be amended from a prohibited dog to a dangerous dog. Moved by Councillor D. Schnider Seconded by Councillor C. Michaud "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Srdjan Vulina, wherein the Committee affirms the Prohibited Dog Designation applied to his dog 'Azul' by the Humane Society of Kitchener -Waterloo and Stratford Perth, be ratified and confirmed." Carried. 6.c. Public Road Naming Mayor B. Vrbanovic advised that notice had been given for any member of the public to speak for or against a by-law to name private roads within a condominium development located at 142 Rosemount Drive as Dewberry Drive and Roseberry Lane, listed as Items 11.d. and 14.d on the Council agenda. No one was present to speak for or against the by-law. 6.d. Public Road Naming Mayor B. Vrbanovic advised that notice had been given for any member of the public to speak for or against a by-law to name a private road within a condominium development located at 625 Blair Creek Drive as Stonecliffe Walk, listed as Items 11.e. and 14.e. on the Council agenda. No one was present to speak for or against the by-law. 7. COMMITTEE REPORTS — HERITAGE KITCHENER COMMITTEE — JANUARY 5, 2021 Moved by Councillor J. Gazzola Seconded by Councillor D. Chapman "That the balance of the Heritage Kitchener Committee report, dated January 5, 2021, be adopted." Carried. COUNCIL MINUTES JANUARY 25, 2021 - 9 - CITY OF KITCHENER 7. COMMITTEE REPORTS — AUDIT COMMITTEE — DECEMBER 14, 2020 Moved by Councillor B. loannidis Seconded by Councillor M. Johnston "That the Audit Committee report, dated December 14, 2020, be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a Regional Council Update Mayor B. Vrbanovic provided an update from Regional Council, highlighting that the City of Kitchener will be given an additional eight locations for the automated speed enforcement; and, that as of this date, all the residents of Region of Waterloo Long-term Care Homes have received their first COVID- 19 vaccine dosage. 10. QUESTIONS AND ANSWERS — In response to questions from members of Council, Mayor B. Vrbanovic explained citizens can go to the Region of Waterloo's website (regionofwaterloo.ca/covid19) to find an overview of the vaccination distribution plan within the region. In response to a subsequent question, Mayor Vrbanovic highlighted the final tax increase for the 2021 Region of Waterloo budget was .57%. 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, being a By-law 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. Moved by Councillor S. Marsh Seconded by Councillor K. Galloway-Sealock "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to adopt Amendment No. 10 to the Official Plan. b. Being a by-law to provide for the establishing and laying out of part of Postmaster Drive and West Oak Trail as a public highway in the City of Kitchener. c. Being a by-law to amend By-law 85-1 and 2019-051, as amended, known as the Zoning By- law for the City of Kitchener — 169 Borden Inc. d. Being a by-law to name private roads as Dewberry Drive and Roseberry Lane in the City of Kitchener. e. Being a by-law to name a private road as Stonecliffe Walk in the City of Kitchener. f. Being a by-law to control the idling of vehicles. g. Being a By-law to repeal and replace Municipal Code Chapter 25 Procedure. h. 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. i. To confirm all actions and proceedings of the Council. Carried. COUNCIL MINUTES JANUARY 25, 2021 -10- CITY OF KITCHENER iM9191LTA ILTA 111a14:9i1a1:I4h9:[0711:11111! On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Chaired by Councillor J. Gazzola. 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 Tender T20-177 Old Mill Sanitary Pumping Station, be awarded to Stone Town Construction Limited, St. Marys, Ontario, at their tendered price of $9,695,090.39, including contingencies and cash allowance of $950,000.00, plus H.S.T. of $1,260,361.75, for a total of $10,955,452.14." Carried. 2. COR -21-002 — Prohibited Dog Designation Appeal - Vulina Dealt with under Delegations and Carried Unanimously. 3. DSD -21-004 — Doon Pioneer Park Community Centre Public Art It was resolved: "That the commission and installation of artwork at Doon Pioneer Park Community Centre, titled "Outdoor Community", be approved; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Bennet Oh, Jinsu Park and Ethan Schwartz (OPS Design Studio), outlining the obligations of the community centre public art commission." Carried. 4. DSD -21-008 — Zoning By-law Amendment Application ZBA19/001/B/GS — 169 Borden Inc. — 155 & 169 Borden Ave North Dealt with under Delegations and Carried Unanimously. 5. McLennan Park Council considered a matter arising from an electronic in -camera meeting held earlier this date. It was resolved: "That staff be directed to engage consultant expertise in 2021 to undertake a comprehensive review of park amenities and infrastructure at McLennan Park and community engagement in 2021 and report back to Council with the recommendation from this review; and further, That staff bring back recommendations in respect to the replacement to the washroom to council prior to community engagement; and finally, JANUARY 25, 2021 COUNCIL MINUTES Si! MIVcl2:4rty:l:11kiIav That staff assess the condition and remediation options for the public artwork "Moments" and to recommend to Council an approach that addresses maintenance issues." 13. REPORT OF THE COMMITTEE OF THE WHOLE — On motion, Council rose from the Committee of the Whole. 14. BY-LAWS (THIRD READING) - Moved by Councillor P. Singh Seconded by Councillor S. Davey "That the by-laws be given third reading, namely: a. Being a by-law to adopt Amendment No. 10 to the Official Plan. (By-law No. 2021-005) b. Being a by-law to provide for the establishing and laying out of part of Postmaster Drive and West Oak Trail as a public highway in the City of Kitchener. (By-law No. 2021-006) c. Being a by-law to amend By-law 85-1 and 2019-051, as amended, known as the Zoning By- law for the City of Kitchener — 169 Borden Inc. (By-law No. 2021-007) d. Being a by-law to name private roads as Dewberry Drive and Roseberry Lane in the City of Kitchener. (By-law No. 2021-008) e. Being a by-law to name a private road as Stonecliffe Walk in the City of Kitchener. f. Being a by-law to control the idling of vehicles. (By-law No. 2021-009) (By-law No. 2021-010) g. 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. h. To confirm all actions and proceedings of the Council. (By-law No. 2021-011) (By-law No. 2021-012) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:58 p.m. t M OR CIRK COUNCIL MINUTES JANUARY 25, 2021 -12- CITY OF KITCHENER 10:11as] :4&W101i9:111WE916111►INII AUDIT COMMITTEE — DECEMBER 14, 2020 That the 2021 Internal Audit work plan as outlined in Chief Administrator's Office report CAO - 20 -007, be approved. HERITAGE KITCHENER COMMITTEE — JANUARY 5, 2021 That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-2021-IV- 001 be approved, as outlined in Development Services Department report DSD -21-001, to permit the replacement of the roof; replacement of windows; restoration of roof dormers; and construction of a second story rear addition on the property municipally addressed as 38 Shirk Place, in accordance with the plans and supplementary information submitted with the application and subject to the following condition: That final building permit drawings be reviewed, and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. Dealt with under Delegations. Carried Unanimously on a recorded vote. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2021-V- 002 be approved, as outlined in Development Services Department report DSD -21-002, to permit the demolition of an existing detached garage on the property municipally addressed as 172 Queen Street North; and further, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2021-V- 003 be approved to permit the construction of a detached garage on the property municipally addressed as 172 Queen Street North, in accordance with the plans and supplementary information submitted with the application, and subject to the following condition: i. That final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit.