HomeMy WebLinkAboutCouncil - 2017-03-20COUNCIL MINUTES
MARCH 20, 2017 CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
1. COMMENCEMENT —
The meeting began with the singing of "0 Canada".
2. MINUTES —
On motion by Councillor F. Etherington, the minutes of the regular meeting held February 27, 2017
and special meetings held February 27 & March 6, 2017, as mailed to the Mayor and Councillors, were
accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF -
Councillors B. loannidis and P. Singh declared pecuniary interests regarding Clause 1 of the Planning
and Strategic Initiatives Committee report as they and/or members of their family own property in the
subject area.
Councillor P. Singh declared a pecuniary interest regarding Tender T17-007 — Fourth Avenue and
Connaught Street Road Reconstruction, listed as Committee of the Whole Item B.1.x. as he owns
property in the area.
4. COMMUNICATIONS REFERRED TO FILE —
Flag Request under Policy 1-442:
• Autism Ontario —Waterloo Chapter —World Autism Awareness Day —April 3, 2017
• Life Donation Awareness Association —April 7, 2017
5. PRESENTATIONS —
Certificates of Service
On behalf of Council, Mayor B. Vrbanovic acknowledged the following people as being recipients of
Certificates of Service for volunteers who have served on various Boards and Committees:
• Kristy Smith;
• Peter Lennox;
• Mike Boos;
• Erin Atchison;
• Lisa Keys;
• Kevin Young;
• Chris Letizi; and,
• Doug McKlusky.
6. DELEGATIONS —
6.a. Multi -Use Pathway
Mr. Karl Wolf, area resident, spoke in opposition to the proposed multi -use pathway within the Balzer
Creek Greenway, as listed under Clause 4 of the Community and Infrastructure Services Committee
report. He indicated the Multi -use Pathways and Trails Master Plan provides for the use of on -road
connections over a short span between off-road segments of a multi -use pathway. He encouraged
Council to reconsider the alternative route proposed at the March 6, 2017 Committee meeting to omit
the boardwalk section and direct pedestrian traffic to utilize the sidewalks on Brisbane Drive and
Brisbane Court.
On motion by Councillor B. loannidis, seconded by Councillor S. Marsh, Clause 4 of the Community
and Infrastructure Services Committee report to approve the type 2 multi -use pathway along reach 2
of Balzer Creek, located between Homer Watson Boulevard and Fallowfield Drive, was brought
forward for consideration.
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MARCH 20, 2017 -46- CITY OF KITCHENER
An amendment was proposed by Councillor J. Gazzola to provide for the maintenance access, but
utilize the sidewalks on Brisbane Drive and Brisbane Court for the pathway,
Mayor B. Vrbanovic ruled the amendment was out of order as it was contrary to the intent of the
original motion, since it would negate the construction of the multi -use pathway along reach 2 of
Balzer Creek. He noted should Clause 4 of the Committee report fail, Councillor Gazzola could then
bring his motion forward for consideration.
Councillor Gazzola challenged the Mayor's ruling.
Mayor Vrbanovic put the following question to Council: "Will the ruling of the Mayor be sustained?"
The ruling of the Mayor was voted on and was Sustained on a recorded vote with Mayor B.
Vrbanovic and Councillors K. Galloway-Sealock, S. Marsh, D. Schnider, F. Etherington, P Singh, S.
Davey and B. loannidis voting in favour; and, Councillors J. Gazzola, Y. Fernandes and Z. Janecki
voting in opposition.
Moved by Councillor B. loannidis
Seconded by Councillor S. Marsh
"That Clause 4 of the Community and Infrastructure Services Committee report be adopted."
A recorded vote was requested.
In Favour: Mayor B. Vrbanovic and Councillors S.
Davey, D. Schnider, K. Gal loway-Sealock, Y.
Fernandes, S. Marsh and B. loannidis.
Contra: Councillors J. Gazzola, P. Singh, F.
Etherington and Z. Janecki.
Carried on a recorded vote.
6.b. Tenders
Ms. M. Palmer, Director of Supply Services, was in attendance to answer questions arising from the
tender(s) listed on the Committee of the Whole agenda of this date.
Questions were raised with respect to eight of the tenders listed on the Committee of the Whole
agenda being over budget. Mr. D. Chapman, Deputy CAO — Finance and Corporate Services,
indicated most of the subject projects are part of the Accelerated Infrastructure Replacement
Program, adding any deficit would be funded through the uncommitted capital account. He noted in
2016 most construction projects closed with surpluses, advising that so far this year two projects have
closed with approximately $900,000 in savings. He further advised if all of the tenders listed on the
agenda are approved this date a balance of $11.11M would remain within the uncommitted capital
account.
In accordance with Councillor Singh's previously declared pecuniary interest, Tender T17-007 (Fourth
Avenue and Connaught Street Road Reconstruction), listed as Committee of the Whole Item B.1.x,
was considered separately; and he did not take part in any discussion or voting regarding that matter.
Councillor Y. Fernandes requested that Tender T17-010 [Kehl Street (Heiman Street to Ottawa Street
South Road Reconstruction], listed as Item B.1.xvii on the Committee of the Whole, be considered
separately.
Moved by Councillor B. loannidis
Seconded by Councillor Y. Fernandes
"That Tender T17-007 - Fourth Avenue and Connaught Street (Connaught Street to Kingsway
Drive and Third Avenue to Fourth Avenue) Road Reconstruction, be awarded to Terracon
Underground Ltd., Brantford, Ontario, at their tendered price of $2,110,334.28, including
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MARCH 20, 2017 -47- CITY OF KITCHENER
provisional items and contingencies of $186,220., plus H.S.T. of $274,343.46, for a total of
$2,384,677.74."
Carried.
Pecuniary Interest & Abstention:
Councillor P. Singh as he owns property in the subject
area.
Moved by Councillor B. loannidis
Seconded by Councillor Y. Fernandes
"That Tender T17-010 Kehl Street (Heiman Street to Ottawa Street South) Road
Reconstruction, be awarded to Bel -Air Excavating & Grading Ltd., Cambridge, Ontario, at their
adjusted tendered price of $4,107,073.68 including provisional items and contingencies of
$346,985., plus H.S.T. of $533,919.58 for a total of $4,640,993.26."
Carried.
Moved by Councillor B. loannidis
Seconded by Councillor Y. Fernandes
"That Tender T17-047 Hitachi Server and Storage Expansion be awarded to TeraMach
Technologies Inc., Markham, Ontario, at their tendered price of $150,480.01, plus H.S.T. of
$19,562.40, for a total of $170,042.41."
PF.Ti eE
"That Tender T17-040 Janitorial Paper Products, be awarded to Weber Supply Company Inc.,
Kitchener, Ontario, at their tendered price of $68,799.35, plus H.S.T. of $8,943.92, for a total of
$77,743.27, for a one (1) year term, with an option to renew for four (4) additional twelve (12)
month terms."
951ii eE
"That Tender T17-033 Guelph Street (Margaret Avenue to St. Vincent Street) Road
Reconstruction, be awarded to 410754 Ontario Limited o/a Sousa Concrete, Branchton,
Ontario, at their tendered price of $3,117,445., including provisional items and contingencies of
$249,150., plus H.S.T. of $405,267.85, for a total of $3,522,712.85."
951ii eE
"That Expression of Interest E17-017 Consultant Services — Construction Inspection Services
for Hugo Crescent and Lorne Avenue Reconstruction (Stirling Avenue South to End of Hugo
Crescent), be awarded to Meritech Engineering, Cambridge, Ontario, at their estimated fee of
$166,562.88, including contingencies of $15,142.08., plus H.S.T. of $21,653.17, for a total of
$188,216.05, based on a satisfactory contract being negotiated and an upset fee being
established."
-and-
"That Tender T17-032, Road Improvement / Road Surface Construction / Miscellaneous
Asphalt and Concrete Work, be awarded to Ekum-Sekum Incorporated o/a Brantco
Construction (Brantco), Cambridge Ontario, at their corrected tendered price of $4,100,127.50,
including provisional items and contingencies of $250,000., plus H.S.T. of $533,016.58, for a
total of $4,633,144.08."
EFFI E
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MARCH 20, 2017 -48- CITY OF KITCHENER
"That Tender T16-025, Schedule "B", Pickup and Disposal of Scrap Asphalt, Concrete and
Mixed Loads, be awarded to Kieswetter Excavating Inc., St. Clements, Ontario, at their
tendered price of $278,400., plus H.S.T. of $36,192., for a total of $314,592., for a one (1) year
term, with an option to renew for two (2) additional twelve (12) month terms."
-and-
"That Expression of Interest E17-029 Consulting Services - Tender Preparation and
Construction Administration Stormwater Management Facility (SWMF) 10 Retrofit, be awarded
to Aquafor Beech Limited, Mississauga, Ontario, at their estimated fee of $161,986., including
provisional of $59,610., and contingencies of $14,726., plus H.S.T. of $21,058.18, for a total of
$183,044.18, based on a satisfactory contract being negotiated and an upset fee being
established."
-and-
"That ESRI Canada Limited, Toronto, Ontario, be the sole source provider for Geographical
Information Systems (GIS) software licensing at a cost of $450,000., plus H.S.T of $58,500.,
for a total of $508,500., for a three (3) year term."
erre
"That Tender T17-027 Alice Avenue (Karn Street to Victoria Street South) and Karn Street
(Westmount Road West to Lawrence Avenue) Road Reconstruction, be awarded to Regional
Sewer and Watermain Ltd., Cambridge, Ontario at their tendered price of $ $2,825,801.69,
including provisional items and contingencies of $156,720., plus H.S.T. of $367,354.22., for a
total of $3,193,155.91."
-and-
"That Expression of Interest E17-039 Consultant Services — South Strasburg Trunk Sanitary
Sewer, be awarded to Stantec Consulting Ltd., Waterloo, Ontario, at their estimated fee of
$335,117.60., including provisional items and contingencies of $147,081.60., plus H.S.T. of $
$43,565.29., for a total of $ $378,682.89, based on a satisfactory contract being negotiated
and an upset fee being established."
-and-
"That Tender T17-022 Laneway 50015 (Ahrens Street West to Margaret Avenue between
Wellington Street North and Breithaupt Street), be awarded to 410754 Ontario Limited o/a
Sousa Concrete, Branchton, Ontario, at their adjusted tendered price of $332,768.40, including
provisional items and contingencies of $29,126., plus H.S.T. of $43,259.89, for a total of
$376,028.29.»
erre
"That Expression of Interest E17-011 Consultant Services - Hebel Place (Courtland Avenue
East to St. George Street) and Peter Street (Church Street to Whitney Place) Reconstruction,
be awarded to AECOM Canada Ltd., Kitchener, Ontario, at their estimated fee of
$272,665.80., including contingencies of $24,787.80., plus H.S.T. of $35,446.55., for a total of
$308,112.35, based on a satisfactory contract being negotiated and an upset fee being
established."
-and-
"That Tender T17-013 Krug Street (East Avenue to Becker Street) Road Reconstruction, be
awarded to 410754 Ontario Limited o/a Sousa Concrete, Branchton, Ontario, at their tendered
price of $2,896,294.80, including provisional items and contingencies of $263,150., plus H.S.T.
of $376,518.32., for a total of $3,272,813.12."
- and -
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MARCH 20, 2017 -49- CITY OF KITCHENER
"That the City of Kitchener piggyback on the Ontario Education Collaborative Marketplace
(OECM) Proposal #2016-261 for End -User Computing Devices and Services, with Dell
Canada Inc., Toronto, Ontario, at an estimated spend of $2,260,510., based on their proposed
unit prices for a five (5) year period, with an option to renew for two (2) additional twenty-four
(24) month periods."
-and-
"That Tender T17-009 Belmont Avenue West (Highland Road West to Victoria Street South)
and Edgewood Drive (Montrose Avenue to Belmont Avenue West), be awarded to Regional
Sewer and Watermain Ltd, Cambridge, Ontario, at their adjusted tendered price of
$3,431,797.60, including provisional items and contingencies of $277,545., plus H.S.T. of
$446,133.69, for a total of $3,877,931.29."
-and-
"That Tender T17-038 Hydrovac Excavation Services be awarded to Badger Daylighting
Limited, Cambridge, Ontario, at their tendered price of $151,240., plus H.S.T. of $19,661.20,
for a total of $170,901.20, for a five month term."
PF.1ii eE
"That Proposal P16-106 Land Sale 345 King Street West, be awarded to Perimeter Urban
Development Corporation, and further;
That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with
Perimeter Urban Development Corporation for their acquisition of the City's parcel of land
located at 345 King Street West, having an area of approximately .14 ha (.35 acres), legally
described as Lot 11 Plan 375; Part Lot 12 Plan 375 to be subject to a 15 foot easement along
the westerly property line to be created and reserved in favour of the City, at a total purchase
price of $2,348,500.00; said agreement to be to the satisfaction of the City Solicitor; and
further;
That the Mayor and Clerk be authorized to execute all documentation required to complete the
transaction, said documentation to be satisfactory to the City Solicitor."
Carried.
7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES
Moved by Councillor B. loannidis
Seconded by Councillor S. Marsh
"That the report of the Community and Infrastructure Services Committee be adopted."
Councillor K. Galloway-Sealock requested that each portion of Clause 7 of the Committee report,
regarding the 2017 Tier 2 Community Grants, be voted on separately.
Councillor J. Gazzola requested that Clause 7 be considered on recorded votes.
Paragraph 8 of Clause 7 proposing to transfer the remaining balance of $24,818. in the Community
Grant account to the Tax Stabilization Reserve Fund was voted on and was LOST on a recorded
vote, with Councillors Y. Fernandes, Z. Janecki voting in favour; and, Mayor B. Vrbanovic and
Councillors K. Galloway-Sealock, S. Marsh, D. Schnider, F. Etherington, P Singh, S. Davey, J.
Gazzola and B. loannidis voting in opposition.
A motion was brought forward by Councillor S. Marsh, seconded by Councillor S. Davey, to transfer
the remaining balance of $24,818. on a one-time basis to the Special Events Division to assist with
the City's Canada 150 celebration event.
Councillor Marsh's motion was voted on and was Carried Unanimously on a recorded vote
MARCH 20, 2017
COUNCIL MINUTES
-50-
The Committee report was then voted on clause by clause.
CITY OF KITCHENER
Clause 7 - Paragraph 1 (2017 Tier 2 Community
Grant Amount) — Carried Unanimously on a
recorded vote.
Clause 7b. (Healing of the 7 Generations) — Carried
on a recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors, B. loannidis, S. Marsh, Y.
Fernandes, P. Singh and F. Etherington.
Contra: Councillor S. Davey, D. Schnider, K.
Galloway-Sealock, Z. Janecki and J. Gazzola.
Clause 7c. (Irish Real Life Festival) — Carried on a
recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors, B. loannidis, K. Galloway-Sealock,
S. Marsh, Y. Fernandes, P. Singh and F.
Etherington.
Contra: Councillor S. Davey, D. Schnider, Z.
Janecki and J. Gazzola.
Clause 7d. (Royal Medieval Faire) — Carried on a
recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors, B. loannidis, S. Marsh, Y.
Fernandes, Z. Janecki, and P. Singh.
Contra: Councillor S. Davey, K. Galloway-
Sealock, D. Schnider, F. Etherington and J.
Gazzola.
Clause 7e. (Night\Shift Placehacking Festival) —
Carried on a recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors, B. loannidis, K. Galloway-Sealock,
S. Marsh, Y. Fernandes, S. Davey, D.
Schnider, P. Singh, J. Gazzola and F.
Etherington.
Contra: Councillor Z. Janecki.
Clause 7 - Paragraph 7 (Tier 1 Grant Process) —
Carried Unanimously on a recorded vote.
Balance of report — Carried.
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Moved by Councillor S. Davey
Seconded by Councillor D. Schnider
"That the report of the Finance and Corporate Services Committee be adopted."
Carried.
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MARCH 20, 2017 -51- CITY OF KITCHENER
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Moved by Councillor P. Singh
Seconded by Councillor K. Galloway-Sealock
"That the report of the Planning & Strategic Initiatives Committee be adopted."
Councillor K. Galloway-Sealock indicated that Clause 1 of the Committee report was brought forward
incorporating the additional paragraph proposing that further flexibility be explored for building height
and front yard setback rules through the Comprehensive Review of the Zoning By-law (CRoZBy), as
outlined in Community Services Department report CSD -17-032 (J. Oosterveld).
Councillor F. Etherington expressed opposition with the addition to Clause 1 and requested that each
paragraph be considered separately.
Councillor Y. Fernandes requested that Clause 1 of the Committee report be considered on recorded
votes.
Clause 1 - Paragraph 2 — Carried on a recorded
vote.
In Favour: Mayor B. Vrbanovic and
Councillors S. Davey, D. Schnider, K.
Galloway-Sealock, S. Marsh, Y. Fernandes
and Z. Janecki.
Contra: Councillors J. Gazzola and F.
Etherington.
Pecuniary Interest & Abstention: Councillors P.
Singh and B. loannidis as they and/or
members of their family own property in the
subject area.
Clause 1 - Paragraph 1 — Carried Unanimously on a
recorded vote.
Pecuniary Interest & Abstention: Councillors P.
Singh and B. loannidis as they and/or
members of their family own property in the
subject area.
Balance of report — Carried.
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Moved by Councillor J. Gazzola
Seconded by Councillor Z. Janecki
"That the report of Heritage Kitchener be adopted."
Councillor J. Gazzola advised the final paragraph of Clause 1 of the Committee report had been
revised to have a copy of the resolution circulated to the Association of Municipalities of Ontario
(AMO) and the Federation of Canadian Municipalities (FCM).
Carried.
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MARCH 20, 2017 -52- CITY OF KITCHENER
8. UNFINISHED BUSINESS —
8.a. Shopping Cart By-law
Council considered Community Services Department report CSD -17-015 (G. MacNeil), dated March
9, 2017, providing a response to the notice of motion given by Councillor J. Gazzola at the August 29,
2016 Council meeting directing By-law Enforcement staff to research options requiring businesses to
have a Shopping Cart Management Plan.
A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to
require that any business that provides shopping carts to its customers have a Shopping Cart
Management Plan which is to be filed with the City Clerk within six months after the ratification of a
Shopping Cart By-law.
Councillor D. Schnider suggested an educational program could be examined as part of this initiative
whereby customers would be asked to return the carts after they have used them. He added some
assurance should be given that any complaints received by a store are relayed to the store manager
through the use of a form identifying the location of the cart. He circulated to staff a list of stores and
their contact information, suggesting it be provided to the City's Corporate Contact Centre to facilitate
the retrieval of shopping carts that have been removed from store property.
In response to questions, Ms. G. MacNeil, Director of By-law Enforcement, indicated that staff
currently utilizes provisions within the existing Lot Maintenance By-law to require owners to remove
shopping carts from private property and return them to the appropriate store. She estimated the City
received approximately 11 complaints in 2016 regarding shopping carts. She clarified the
recommendation in Report CSD -17-015 would require stores to have a Shopping Cart Management
Plan, but would not be required to be submitted to the City unless the carts cause a nuisance on an
ongoing basis.
Several members expressed concern that requiring all stores to submit a Shopping Cart Management
Plan could create an unnecessary burden on retailers whose carts are not causing a nuisance.
Councillor Y. Fernandes requested this matter be considered on a recorded vote.
Councillor Gazzola's motion was voted on and was LOST on a recorded vote, with Councillors J.
Gazzola, Y. Fernandes, Z. Janecki voting in favour; and, Mayor B. Vrbanovic and Councillors K.
Galloway-Sealock, S. Marsh, D. Schnider, F. Etherington, P Singh, S. Davey and B. Ioannidis voting
in opposition.
On motion by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, the recommendation
contained in Report CSD -17-015 was brought forward for consideration.
Moved by Councillor J. Gazzola
Seconded by Councillor Y. Fernandes
"That a by-law be enacted to require any business that provides shopping carts to its
customers to have a Shopping Cart Management Plan, which would set out demonstrable
measures to prevent the unauthorized removal of shopping carts from the owner's premises
and/or the retrieval of abandoned carts."
A recorded vote was requested
In Favour: Mayor B. Vrbanovic and
Councillors, K. Galloway-Sealock, S. Marsh, Y.
Fernandes, Z. Janecki, S. Davey, D. Schnider,
P. Singh, J. Gazzola and F. Etherington.
Contra: Councillor B. Ioannidis
Motion Carried.
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MARCH 20, 2017 -53- CITY OF KITCHENER
11. BY-LAWS (FIRST READING) —
Moved by Councillor S. Davey
Seconded by Councillor Z. Janecki
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
a. Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with
respect to Appointment of Staff.
b. To further amend By-law No. 88-171, being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
C. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street
and off-street parking of vehicles for use by persons with a disability, and the issuing of
permits in respect thereof.
d. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking
of motor vehicles on private property.
e. Being a by-law to amend By-law 2017-023 to exempt certain lots from Part Lot Control —
Part of Block 4, Registered Plan 58M-561 — 1 Adam Street.
f. Being a by-law to exempt certain lots from Part Lot Control — Part of Blocks 2 and 3,
Registered Plan 58M-561 — 1 Adam Street.
g. To confirm all actions and proceedings of the Council.
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
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 F. Etherington as Chair.
On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the
Chair.
Moved by Councillor F. Etherington
Seconded by Councillor B. loannidis
"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 Z. Janecki
"That the by-laws be given third reading, namely:
a. Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with
respect to Appointment of Staff.
(By-law No. 2017-028)
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CITY OF KITCHENER
b. To further amend By-law No, 88-171, being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
(By-law No. 2017--029)
C. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street
and off-street parking of vehicles for use by persons with a disability, and the issuing of
permits in respect thereof.
(By-law No. 2017-030)
d. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking
of motor vehicles on private property.
(By-law No. 2017-031)
e. Being a by-law to amend By-law 2017-023 to exempt certain lots from Part Lot Control —
Part of Block 4, Registered Plan 58M-561 — 1 Adam Street.
(By-law No, 2017-032)
f. Being a by-law to exempt certain lots from Part Lot Control — Part of Blocks 2 and 3,
Registered Plan 58M-561 — 1 Adam Street.
(By-law No. 2017-033)
91 To confirm all actions and proceedings of the Council.
(By-law No. 2017-034)
h. Being a by-law to licence Street Vendors on property owned by The Corporation of the
City of Kitchener in Victoria Park and at specific street intersections expiring December
31, 2017.
(By-law No. 2017-035)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 10:13 p.m.
A
L .. E/
MAYOR
COUNCIL MINUTES
MARCH 20, 2017 -54- CITY OF KITCHENER
b. To further amend By-law No. 88-171, being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
(By-law No. 2017--029)
C. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street
and off-street parking of vehicles for use by persons with a disability, and the issuing of
permits in respect thereof.
(By-law No. 2017-030)
d. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking
of motor vehicles on private property.
(By-law No. 2017-031)
e. Being a by-law to amend By-law 2017-023 to exempt certain lots from Part Lot Control —
Part of Block 4, Registered Plan 58M-561 — 1 Adam Street.
(By-law No. 2017-032)
f. Being a by-law to exempt certain lots from Part Lot Control — Part of Blocks 2 and 3,
Registered Plan 58M-561 — 1 Adam Street.
(By-law No. 2017-033)
g. To confirm all actions and proceedings of the Council.
(By-law No. 2017-034)
h. Being a by-law to licence Street Vendors on property owned by The Corporation of the
City of Kitchener in Victoria Park and at specific street intersections expiring December
31, 2017.
(By-law No. 2017-035)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 10:13 p.m.
MAYOR CLERK
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MARCH 20, 2017 -55- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE —
1. That the 2016 City of Kitchener Summary Drinking Water Report be received for information
as required by O.Reg. 170/03 Schedule 22 of the Safe Drinking Water Act; and further,
That the City of Kitchener provide a copy of the Summary Drinking Water report to the
Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg. 170/03,
as outlined in Infrastructure Services Department report INS -17-001.
2. That the Region of Waterloo and its contractor(s) be exempt from the provisions of Chapter
450 (Noise) of the City of Kitchener Municipal Code Article 6 Construction Work during the
Region of Waterloo Stage 1 — Light Rail Project in the City of Kitchener, between the hours of
7:00 p.m. and 7:00 a.m. for the period of February 1, 2017 and ending December 31, 2017, as
outlined in Infrastructure Services Department report INS -17-016.
3. That the Chief Administrative Officer or a Deputy Chief Administrative Officer be authorized to
execute agreements with the Regional Municipality of Waterloo related to the construction,
operation and maintenance of a sanitary forcemain for the purposes of transporting leachate
from the Region's Waterloo Landfill to a City of Kitchener sanitary sewer east of Resurrection
Park provided that any agreements or ancillary documents are to the satisfaction of the City
Solicitor, as outlined in Infrastructure Services Department report INS -17-019.
4. That the proposed type 2 multi -use pathway along reach 2 of Balzer Creek, located between
Homer Watson Boulevard and Fallowfield Drive, be approved, as outlined in Infrastructure
Services Department report INS -17-018.
(Dealt with under Delegations and Carried, on a recorded vote)
5. That the four ball diamonds and one blast ball diamond located in Upper Canada Park be
realigned with upgraded playing fields, back stops, irrigation and infrastructure for future lights,
as outlined in Infrastructure Services Department report INS -17-008; and further,
That consideration of the following motion be deferred to the April 3, 2017 Community and
Infrastructure Services Committee meeting: to allow time for staff to consult with area
residents regarding possible measures to mitigate the impact of the proposed lights:
"That lights be installed at two ball diamonds in Breithaupt Park to address the immediate
need for ball diamond inventory and to begin to close the gap between demand and
availability of diamond inventory as part of a longer-term, city-wide ball diamond inventory
management strategy, as outlined in Infrastructure Services Department report INS -17-
008. "
That consideration of the following motion be deferred to the April 3, 2017 Community and
Infrastructure Services Committee meeting:
"That the Kitchener Fire Department Master Plan (KFDMP) attached as Appendix A to
Community Services Department report CSD -17-017, be approved as the guiding
document for the Kitchener Fire Department; and that staff be directed to refer
implementation of the strategic and operational actions to the departmental business
planning process as applicable."
That 2017 Community Grants Tier 2 in the amount of $161,736., be approved, as outlined in
Appendix `A' attached to Community Services Department report CSD -17-016, with the
following changes:
a. That Lost & Found Theatre Inc. has withdrawn its grant request ($2,000.);
That the 2017 Community Grant Tier 2 to the Healing of the 7 Generations be
increased from $1,000. (cash) to $2,000. (cash);
MARCH 20, 2017
COUNCIL MINUTES
- 56 -
REPORTS ADOPTED BY COUNCIL
CITY OF KITCHENER
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D)
7. (Cont'd)
c. That the Irish Real Life Festival be granted a 2017 Community Grant Tier 2 in the
amount of $4,000. (cash);
d. That the Royal Medieval Faire be granted a 2017 Community Grant Tier 2 in the
amount of $1,500. (cash); and,
e. That the 2017 Community Grant Tier 2 for Night\Shift Placehacking Festival be
amended from $7,500. ($4,000. cash; $3,500. in-kind) to $7,500. ($5,000. cash;
$2,500. in-kind); and further,
That the following organizations be approved to move to the Tier 1 grant process effective the
2018 grant year:
• Bring on the Sunshine;
• Chicopee Outreach Program (COPS);
• Inter Arts Matrix;
• K -W Poetry Slam;
• Strong Start Charitable Organization; and,
• WMB Church (The Dwelling Place).
- and -
That the remaining balance of $24,818. in the Community Grant account be transferred on a
one-time basis to the Special Events Division to assist with the City's Canada 150 celebration
event.
(Carried, as Amended)
FINANCE AND CORPORATE SERVICES COMMITTEE —
1. That for fiscal 2017, donations received by the City of Kitchener on behalf of City -related
organizations, namely Minor Sports Groups, Neighbourhood Associations, KW Golf
Committee, KW Chamber of Commerce Physicians Recruitment and Advocacy Group, and
Tier 1 and Tier 2 grant recipients be redistributed to those organizations as intended by the
donor, as outlined in Finance and Corporate Services Department report FCS -17-014.
2. That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400
Ottawa Street South, from April 28 to May 7, 2017 subject to the following:
Date of Operation
Hours of Operation
Music Off At
Friday, April 28
3:30 p.m.
— 11:00 p.m.
10:00 P.M.
Saturday, April 29
10:00 a.m.
— 11:00 p.m.
10:00 P.M.
Sunday, April 30
11:00 a.m.
— 10:00 p.m.
8:00 p.m.
Monday, May 1
3:30 p.m.
— 10:00 p.m.
8:00 p.m.
Tuesday, May 2
3:30 p.m.
— 10:00 p.m.
8:00 p.m.
Wednesday, May 3
3:30 p.m.
— 10:00 p.m.
8:00 p.m.
Thursday, May 4
3:30 p.m.
— 10:00 p.m.
8:00 p.m.
Friday, May 5
3:30 p.m.
— 11:00 p.m.
10:00 P.M.
Saturday, May 6
10:00 a.m.
— 11:00 p.m.
10:00 p.m.
Sundav, Mav 7
7 11:00 a.m.
— 8:00 p.m.
7:00 p.m.; and
COUNCIL MINUTES
MARCH 20, 2017 -57- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D)
2. (Cont'd)
That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400
Ottawa Street South, from July 27 to July 30, 2017, subject to the following:
Date of Operation Hours of Operation Music Off At
Thursday, July 27 3:30 p.m. — 10:00 p.m. 9:00 p.m.
Friday, July 28 3:30 p.m. -11:00 P.M. 10:00 P.M.
Saturday, July 29 10:00 a.m. — 11:00 p.m. 10:00 P.M.
Sunday, July 30 11:00 a.m. 9:00 p.m. 8:00 p.m.; and further,
That the required licenses with approvals from the City of Kitchener Planning and Operations
Divisions, and Region of Waterloo Public Health be obtained prior to operating the Midway for
April 28 to May 7 and July 27 to 30, 2017, as outlined in Finance and Corporate Services
Department report FCS -17-026.
3. That Homeniuk Rides Inc. be granted permission to operate a Midway at 100 The Boardwalk
(Ira Needles Blvd), from May 25 to May 28, 2017, subject to the following:
......... ... .
Date of Operation Hours of Operation Music Off At
Thursday, May 25 3.30 p.m. - 10.00 p.m. 900 P.M.
Friday, May 26 3:30 p.m. — 11:00 p.m. 10:00 p.m.
Saturday, May 27 1.0-:9.0 a m — 11:00 p.m. 10:00 p.m.
Sunday, May 28 11:00 a.m. —.. 9:00 p.m. 8:00 p.m.; and,
That Homeniuk Rides Inc. be granted permission to operate a Midway at 100 The Boardwalk
(Ira Needles Blvd), from September 28 to October 1, 2017 subject to the following:
Date of Operation Hours of Operation Music Off At
Thursday, September 28 3:30 p.m. -10:00 p.m. 9:00 P.M.
Friday, September 29 3:30 p.m. — 11:00 p.m. 10:00 P.M.
Saturday, September 30 10:00 a.m. — 11:00 p.m. 10:00 P.M.
Sunday, October 1 11:00 a.m. — 9:00 p.m. 8:00 p.m.; and further,
.. ... .. ... ..
That the required licenses with approvals from the City of Kitchener Planning and Operations
Divisions, and Region of Waterloo Public Health be obtained prior to operating the Midway for
May 25 to May 28 and September 28 to October 1, 2017, as outlined in Finance and
Corporate Services report FCS -17-027.
4. That uncollectable Miscellaneous Receivable Accounts amounting to $18,963. be written off
against the Allowance for Doubtful Receivables, as outlined in Finance and Corporate
Services Department report FCS -17-040.
That the Mayor and Clerk be authorized to execute a two year funding agreement, subject to
the satisfaction of the City Solicitor, with the Province of Ontario for the Starter Company Plus
Program that provides training, mentorship and grants for entrepreneurs to start and grow their
business, as outlined in Chief Administrator's Office report CAO -17-011; and,
That the City's budget allocation for the Starter Company Plus Program is $15,000. from the
Economic Development Reserve Fund, while the Province of Ontario's contribution to the
program is $498,858.; and,
That the City of Kitchener agrees to administrate and disburse up to fifty $5,000. grants to
individuals successfully completing the Starter Company Plus Program; and further,
That the Mayor and Clerk be authorized to execute agreements satisfactory to the City
Solicitor with recipients of grants under the Starter Company Plus Program.
COUNCIL MINUTES
MARCH 20, 2017 -58- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D)
That the Mayor and Clerk be authorized to execute a one year funding agreement, subject to
the satisfaction of the City Solicitor, with the Province of Ontario, who will contribute $140,000.
for the Summer Company Program that provides training, mentorship and grants for youth to
start a business, as outlined in Chief Administrator's Office report CAO -17-012; and,
That the City of Kitchener agrees to administrate and disburse up to thirty $3,000. grants to
individuals successfully completing the Summer Company Program; and further,
That the Mayor and Clerk be authorized to execute agreements satisfactory to the City
Solicitor with recipients of grants under the Summer Company Program.
That the Mayor and Clerk be authorized to execute a two year funding agreement, subject to
the satisfaction of the City Solicitor, with the Province of Ontario, who will contribute $347,105.
for the Small Business Centre core funding to deliver the core small business services
providing information, guidance, workshops and events for small business, as outlined in Chief
Administrator's Office report CAO -17-013.
That an extension of the purchase order issued to WSP Group for consultant services related
to the construction of the new Doon South Sanitary Pumping Station located on New Dundee
Road in the amount of $33,113. be approved, as outlined in Infrastructure Services
Department report INS -17-011.
That in accordance with Section 1.a) of Council Policy GOV-COU-050, no adjustments be
undertaken at this time to alter the City's existing ward boundaries based on the justifications
outlined in Finance and Corporate Services Department report FCS -17-021.
PLANNING AND INFRASTRUCTURE SERVICES COMMITTEE —
That the recommendations attached as Appendix `A' of Community Services Department
report CSD -17-009 be approved, as supported by the Residential Intensification in Established
Neighbourhoods Study (RIENS) Final Report prepared by Meridian Planning Consultants
dated February 13, 2017; and further,
That additional flexibility be explored for building height and front yard setback rules through
the Comprehensive Review of the Zoning Bylaw (CRoZBy), as outlined in Community Services
Department report CSD -17-032."
(Carried, as Amended, on a recorded vote)
That consideration of the following motion be deferred to the April 3, 2017 Planning and
Strategic Initiatives Committee meeting or the next available Standing Committee date,
to allow time for staff to further work with the applicant to examine ways to reconfigure the
plans for the property to lessen the impact on neighbouring properties:
"That Zoning By-law Amendment ZC16/003/P/ATP (Marisol Teijeiro) for the purpose of
changing the zoning from Residential Two Zone (R-2) with Special Regulation Provision
233R to Residential Two Zone (R-2) with Special Regulation Provision 233R and
Special Use Provision 4590 be approved in the form shown in the "Proposed By-law"
dated February 6, 2017 attached as Appendix A to Community Services Department
report CSD -17-002."
1011A011IftTrl:111111:/111191:1Aki1A:M
WHEREAS the City of Kitchener Official Plan states that "While Kitchener's cultural heritage
resources are important from a historical and cultural perspective, they are also of social,
economic, environmental and educational value. They help to instill civic pride, foster a sense
of community, contribute to tourism and stimulate the building renovation industry; and,
COUNCIL MINUTES
MARCH 20, 2017 -59- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
HERITAGE KITCHENER — (CONT'D)
(Cont'd)
WHEREAS, Bill C-323 An Act to Amend the Income Tax Act (Rehabilitation of Historic
Property), which proposes to create a 20% income tax credit for the rehabilitation of historic
buildings, has the potential to broadly affect homeowners and the development/construction
industry, and positively impact the economy, job creation and carbon reduction through the
support of the rehabilitation of historic buildings;
BE IT RESOLVED that the City of Kitchener endorses Private Member's Bill C-323, An Act to
Amend the Income Tax Act (Rehabilitation of Historic Property); and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Right Hon.
Justin Trudeau, Prime Minister of Canada; the Hon. Catherine McKenna, Minister of
Environment & Climate Change; the Hon. Bill Morneau, Minister of Finance; the Hon. Peter
Van Loan; all local area M.P.s and municipalities; the Association of Municipalities of Ontario;
the Federation of Canadian Municipalities; and the National Trust for Canada.
COUNCIL MINUTES
MARCH 20, 2017 -60- CITY OF KITCHENER
COMMITTEE OF THE WHOLE
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 —
Various Tenders
Dealt with under Delegations.
2. FCS -17-046 - 2017 Street Vendor By-law
Council considered Finance and Corporate Services Department report FCS -17-046 (H
Fylactou), dated February 21, 2017.
It was resolved:
"That the annual Street Vendor By-law with the current locations and the May 31St
application deadline as outlined in Finance and Corporate Services report FCS -17-046
be approved; and further,
That the By-law be taken as having received first and second reading and referred for
third reading this date."
3. FCS -17-050 — Prohibited Dog Designation Appeal — Ruge
Council considered Finance and Corporate Services Department report FCs-17-050 (D.
Saunderson), dated March 1, 2017.
It was resolved:
"That the decision of the Dog Designation Appeal Committee regarding an appeal filed
by Mr. Alex Ruge, wherein the Committee confirms the Prohibited Dog Designation
applied to his dog `Nessa' by the Kitchener -Waterloo and North Waterloo Humane
Society with an extension of 30 days from the date of ratification to relocate or surrender
the dog, be ratified and confirmed."
4. FCS -17-068 — Appointments to the Downtown Action and Advisory Committee
Council considered Finance and Corporate Services Department report FCS -17-068 (C.
Tarling), dated March 10, 2017.
It was resolved:
"That Masa Raskovic and Andrea Santi be appointed as citizen representatives on the
2016-2018 Downtown Action and Advisory Committee."
5. INS -17-022 — Energy Co -Generation Project — Regional Waste Water Treatment
Plant — 368 Mill Park Drive
Council considered Infrastructure Services Department report INS -17-022 (L. Stewart),
dated March 3, 2017.
Concerns were expressed regarding the impact on area residents with respect to odor
and noise from the Region of Waterloo's proposed Biogas Facility to be located at 368
Mill Park Drive. Mr. J. Readman, Interim Executive Director — Infrastructure Services,
indicated that those concerns could be incorporated into the comments that would be
COUNCIL MINUTES
MARCH 20, 2017 -61- CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS — (CONT'D)
5. INS -17-022 — Energy Co -Generation Project — Regional Waste Water Treatment
Plant — 368 Mill Park Drive (Cont'd)
submitted as part of the municipal consultation form and they would be addressed
through this process.
It was resolved:
"That the City Clerk be authorized to sign and submit the completed municipal
consultation form related to the Region of Waterloo's application for a Renewable
Energy Approval (REA) Application under Ontario Regulation (O. Reg.) 359/09 at the
waste water treatment plant located at 368 Mill Park Drive, Kitchener."
6. CAO -17-09 — Compass Kitchener Advisory Committee 2017/18 Work Plan
Council considered Chief Administrator's Office report CAO -17-09 (L. Majcher), dated
March 14, 2017.
It was resolved:
"That the Compass Kitchener Advisory Committee 2017-2018 Work Plan be approved,
as attached to Report CAO -17-09."
7. FCS -17-047 — Canada 150 CIP — Contribution Agreement — Huron Natural Area
Council considered Finance and Corporate Services Department report FCS -17-047 (R.
Hagey), dated March 7, 2017.
It was resolved:
"That the Deputy Chief Administrative Officer, Finance and Corporate Services be
authorized to execute the contribution agreement for funding of up to $400,000 under
the Canada 150 Community Infrastructure Program with Federal Economic
Development Agency for Southern Ontario (FedDev Ontario) for The Improvement of
Huron Natural Area Trail System (Project # 810326), said agreement to be satisfactory
to the City Solicitor."
8. INS -17-021 — Natural Gas Storage and Transportation Contract — Union Gas
Council considered Infrastructure Services Department report INS -17-021 (J.
Edmondson), dated March 15, 2017.
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement with Union Gas
pertaining to natural gas storage and transportation (73 Contract") effective April 1,
2017, for a two year term ending on March 31, 2019; said agreement is to be
satisfactory to the City Solicitor, as outlined in INS Report INS -17-021."
Ms. C. Fletcher, Interim Executive Director — Infrastructure Services, agreed to provide
additional information regarding the extent of the additional storage capacity that will be
provided and the amount of the City's total annual natural gas purchase that is typically
placed in storage.
It was resolved:
"Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought
forward by Councillor Y. Fernandes to discuss Items C9, C10 and C11 listed under
Information on the Committee of the Whole agenda, which was voted on and Carried."
COUNCIL MINUTES
MARCH 20, 2017 -62- CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. ADMINISTRATIVE REPORTS — (CONT'D)
9. CAO -17-010 — 2016 Year End Business Plan Status Update
Council received Chief Administrator's Office report CAO -17-010 (L. Majcher), dated
February 15, 2017 as information.
Mr. M. May, Deputy CAO — Community Services, responded to questions and agreed to
provide additional information as to the anticipated timing of when the Responsible Pet
Ownership Strategy would be brought forward for consideration.
10. FCS -17-048 — 2016 Statement of Remuneration and Expenses
Council received Finance and Corporate Services Department report FCS -17-048 (D.
Chapman) dated March 3, 2017 as information.
11. FCS -17-029 — 2016 Year End Variance Report
Council received Finance and Corporate Services Department report FCS -17-029 (R.
Hagey), dated March 7, 2017 as information.
12. In -camera Matter
Council considered the following recommendation arising from an in -camera meeting
held earlier this date.
It was resolved:
"That the Director of Supply Services be authorized to execute an agreement with A.O.
Smith Enterprises Ltd. with respect to a negotiated settlement of a contractual issue."