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HomeMy WebLinkAboutCouncil - 2011-02-14COUNCIL MINUTES FEBRUARY 14, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor J. Gazzola. The meeting began with the singing of "O Canada" by Taylor Jaztrab, King School of Vocal. On motion by Councillor Z. Janecki, the minutes of the regular meeting held January 24, 2011 and special meetings held January 24 & February 7, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated January 28, 2011, from the Office of the Prime Minister acknowledging receipt of Council's resolutions regarding federal community safety programs and the application of the HST on the debt retirement portion of hydro bills. Ms. R. Smith, CEO, Kitchener-Waterloo Community Foundation (KWCF), and also on behalf of the North Dumfries Community Foundation, presented the 2010 Waterloo Region's Vital Signs report. The 4t" annual community checkup measures the Region's vitality and livability, identifies significant trends and invites community supporters to grade 11 key areas critical to quality of life. Ms. Smith advised that community foundations require a good understanding of the needs and trends and assembly of a valid and reliable report not only provides important data but also encourages readers to reflect on issues and challenges facing the community. The Vital Signs report identifies 11 key quality of life areas considered critical to the wellbeing of those who live, work and play in the region. Citizens are invited to participate in preparation of the report via an online grading survey and in 2010, 1079 individuals participated in grading. The 2010 report lists the following 11 key areas: Arts & Culture; Belonging & Leadership; Environment; Gap between Rich and Poor; Getting Around; Getting Started; Health & Wellness; Housing; Learning; Safety; and, Work. Ms. Smith highlighted successes and challenges faced by the community and documented in the report. She identified four areas that the KWCF believes require further discussion and action, being: Belonging & Leadership; Arts & Culture; Getting Started; and Health and Wellness. Going forward, both community foundations will continue to arrange for community consultations and encourage discussions and provide follow-up as required. They will also continue to review how the issues outlined in the report will impact grant-making policies and practices. In conclusion, Ms. Smith advised that a 2011 Vital Signs report will not be prepared due to cancellation of the Statistics Canada long-form census which has been an invaluable tool in collecting and tracking relevant data. In place of the 2011 report, an in-depth evaluation on how the community is using the report will be undertaken and discussions held on how to move forward. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tender listed on the Committee of the Whole agenda. Moved by Councillor Z. Janecki Seconded by Councillor B. loannidis "That Tender T10-121, Supply and Delivery of Tires and Related Services, be awarded to Bast Tire & Auto Services Limited, Waterloo, Ontario, at their adjusted tendered price of $142,148.86, plus H.S.T. of $18,479.35, for a total of $160,628.21, for one (1) year, with an option to renew for four (4) additional twelve (12) month terms." Carried. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That the report of the Community & Infrastructure Services Committee be adopted." Carried. COUNCIL MINUTES FEBRUARY 14, 2011 - 29 - CITY OF KITCHENER Moved by Councillor S. Davey Seconded by Councillor K. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Mayor C. Zehr advised that Council was in receipt of a memorandum from Mr. D. Chapman, Deputy CAO, Finance and Corporate Services, providing requested information regarding comparable rates for parking lots owned by Grand River Hospital. The memorandum also provides options for increasing user fees to effect a decrease in the proposed 1.94% tax levy; as well as, additional information on fees charged by Union Gas for meter testing. A motion by Councillor K. Galloway, seconded by Councillor S. Davey, to amend Clause 1 of the Finance and Corporate Services Committee report was brought forward for consideration to provide that the proposed fee increase for `surface lot daily parking (hospital) daily max' be approved, as contained in report FCS-11-001. A motion by Councillor Z. Janecki, seconded by Councillor P. Singh, was brought forward to amend Councillor Galloway's motion to provide that the proposed daily maximum rate be reduced from $12. to $9. Councillor Janecki's amending motion was voted on and LOST. Councillor Y. Fernandes expressed concern with an overall 3% increase in fees and questioned the impact of a 1 % decrease to 2% overall. Mr. D. Chapman noted that as fees will become effective on March 1St; the overall impact for 2011 is actually 2.5% rather than 3%. Councillor Vrbanovic supported approval of fees as recommended by staff as deferring or revisiting this matter would reduce user fee revenue by $50,000. and put additional pressure on property taxes. Councillor K. Galloway's motion was then voted on and Carried. Voted on Clause by Clause Clause 1 -Carried, as Amended. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. Moved by Councillor Z. Janecki Seconded by Councillor F. Etherington "That the report of Heritage Kitchener be adopted." Carried. Councillor B. Vrbanovic advised that he wished to introduce a motion with respect to his serving on the Board of Directors of the Federation of Canadian Municipalities and its Committees and requested that the requirements for giving Notice of Motion be waived. Moved by Councillor D. Glenn-Graham Seconded by Councillor Z. Janecki "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to a motion to permit Councillor B. Vrbanovic to serve on the Federation of Canadian Municipalities Board of Directors and its Committees." Carried with the required 2/3 majority of the whole Council. COUNCIL MINUTES FEBRUARY 14, 2011 - 30 - CITY OF KITCHENER Moved by Councillor D. Glenn-Graham Seconded by Councillor B. loannidis "That Kitchener City Council endorses Councillor Berry Vrbanovic to serve on the Board of Directors of the Federation of Canadian Municipalities and its committees for the balance of the term of Council and agrees to pay any costs associated with attendance at its meetings." Carried. Moved by Councillor D. Glenn-Graham Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (b) 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. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) 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. (e) 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, 2011. (f) Being a by-law to exempt certain lots from Part Lot Control -Blocks 36 and 37 and Part of Block 35, Registered Plan 58M-394 -Zeller Drive. (g) Being a by-law to exempt certain lots from Part Lot Control -Block 7 and Part of Block 6, Registered Plan 58M-55 -Windflower Drive and Windflower Crescent. (h) 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. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor Z. Janecki as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "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. Moved by Councillor D. Glenn-Graham Seconded by Councillor B. Vrbanovic "That the by-laws be given third reading, namely: COUNCIL MINUTES FEBRUARY 14, 2011 -31- CITY OF KITCHENER (a) 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. 2011-017) (b) 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. 2011-018) (c) 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. 2011-019) (d) 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. 2011-020) (e) 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, 2011. (By-law No. 2011-021) (f) Being a by-law to exempt certain lots from Part Lot Control -Blocks 36 and 37 and Part of Block 35, Registered Plan 58M-394 -Zeller Drive. (By-law No. 2011-022) (g) Being a by-law to exempt certain lots from Part Lot Control -Block 7 and Part of Block 6, Registered Plan 58M-55 -Windflower Drive and Windflower Crescent. (By-law No. 2011-023) (h) To confirm all actions and proceedings of the Council. (By-law No. 2011-024) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 7:50 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 14, 2011 - 32 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That the parcel of land described as Part 5 on the attached draft Reference Plan be declared surplus to the City's needs and conveyed to Fusion Homes; and That an easement for underground servicing be reserved over Part 5 on the attached draft Reference Plan; and That the Mayor and Clerk be authorized to execute a Land Exchange Agreement with 1266304 Ontario Inc., to convey the parcel of land described as Part 5 on the attached draft Reference Plan in exchange for Part 6 and Part 7 on the attached draft Reference Plan, on such terms and conditions as are satisfactory to the City Solicitor; and That the City take title to Part 6 and Part 7 on the attached draft Reference Plan; and further That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor. 2. That the Mayor and Clerk be authorized to approve the Community Accountability Planning Submissions as outlined in Community Services Department report CSD-11-023; and, That the Mayor and Clerk execute the Waterloo Wellington Local Health Integration Network funding allocation and service expectations annually; and, That the Mayor and Clerk execute an agreement with the Waterloo Wellington Local Health Integration Network for the Multi-Sector Service Accountability Agreement; and further, That all of the above be subject to the satisfaction of the City Solicitor. (Carried, as Amended) 3. That the list of Neighbourhood Associations attached to Community Services Department report CSD-11-026, dated January 24, 2011, be approved for affiliation with the City of Kitchener for 2011. 4. That the Mayor and Clerk be authorized to execute a Guarantor Agreement with Ontario Cultural Attractions Fund (`OCAF'), wherein the City will act as guarantor with respect to the $24,000 repayable portion of the Ontario Cultural Attractions Fund loan to CAFKA (Contemporary Art Forum: Kitchener and Area) for the purpose of CAFKA operating the Three Festivals Project in 2011; said Guarantor Agreement to be to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute an amendment to the City's Tier 1 Agreement with CAFKA to address the City's guarantee until such time as the guarantee is no longer required, said amendment to be to the satisfaction of the City Solicitor. 5. That on-street parking be prohibited anytime on both sides of Marina Road from Glasgow Street to the eastern limit of Marina Road; and further, That the Uniform Traffic By-law be amended accordingly. 6. That an all-way stop be installed at the intersection of Wabanaki Drive at Goodrich Drive; and further, That the Uniform Traffic By-law be amended accordingly. 7. That a School Bus Loading be established on the east side of Emerald Avenue from a point 80 metres north of Weber Street East to a point 65 metres north thereof; and further, That the Uniform Traffic Bylaw be amended accordingly. COUNCIL MINUTES FEBRUARY 14, 2011 - 33 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D) 8. That on-street parking be prohibited at anytime on the north side of Schneider Avenue from David Street to a point thirty-six (36) metres west of David Street; and further, That the Uniform Traffic By-law be amended accordingly. 9. That subject to final 2011 budget approval, the 2011 budget for Community Grants Tiers 1, 2 and 3, in kind facility grants and travel assistance grants be set at $2,468,269 and allocated as follows: `That 2011 Community Grants Tier 1 in the amount of $1,521,725 as outlined in Appendix A to Report No. CSD-11-025 be approved for community groups. That 2011 Community Grants Tier 1 in the amount of $734,326 as outlined in Appendix B to Report No. CSD-11-025 be approved for minor sports organizations. That the 2011 budget for Community Grants Tier 2 be set at $194,340. That the 2011 budget for Community Grants Tier 3 be set at $10,516. That the 2011 budget for In Kind Facility Grants and Travel Assistance Grants be set at $7, 362.' FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the proposed fees and charges contained in the 2011 Comprehensive Fee Review attached to Finance and Corporate Services Department report FCS-11-001, be approved; and, That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and Charges to the Ministry of Government Services -Cemeteries Regulation Unit for filing; 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. (Carried, as Amended) 2. That the `housekeeping' amendments to various Human Resources' policies, as shown in Schedule `A' attached to Finance and Corporate Services Department report FCS-11-029, be approved. 3. That Homeniuk Rides Inc. be granted permission to operate a midway at Weiland Ford, 707 Ottawa Street South, from April 21 to May 1, 2011, subject to the following: Hours of operation; Date Start Close Thursday, April 21 3:30 p.m. 10:00 p.m. Friday, April 22 10:00 a.m. 11:00 p.m. Saturday, April 23 10:00 a.m. 11:00 p.m. Sunday April 24 Noon 10:00 p.m. Monday, April 25 10:00 a. m. 10:00 p. m. Tuesday, April 26-Thursday April 28 3:30 p.m. 10:00 p.m. Friday, April 29 3:30 p.m. 11:00 p.m. Saturday, April 30 10:00 a.m. 11:00 p.m. Sunday, May 1 Noon 9:00 p.m. ;and, COUNCIL MINUTES FEBRUARY 14, 2011 - 34 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding anon- school day; and, That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. 4. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from August 18 to August 22, 2011, subject to the following: Hours of ooeration: Date Start Close Thursday, August 18 3:00 p.m. 10:00 p.m. Friday, August 19 3:00 p.m. 10:00 p.m. Saturday, August 20 10:00 a.m. 11:00 p.m. Sunday, August 22 Noon 10:00 p.m. That the music at the Midway be turned down at 8:00 p.m.; and, That the music be turned off one hour before closing time; and, and. That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. 5. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from September 29 to October 2, 2011, subject to the following: Hours of operation; Date Start Close Thursday, September 29 3:30 p.m. 10:00 p.m. Friday, September 30 3:30 p.m. 11:00 p.m. Saturday, October 1 10:00 a. m. 11:00 p. m. Sunday, October 2 Noon 9:00 p.m. and, That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; and, That the must be turned off one hour before closing time on the evenings preceding anon- school day; and further, That the required licence be obtained prior to operating the Midway. 6. That the Greek Orthodox Community of Saints Peter and Paul Church Kitchener-Waterloo & District, be granted permission to operate a Place of Refreshment on their premises at 527 Bridgeport Road East, Kitchener on June 11 & 12, 2011, provided the necessary licence is obtained, including Health and Fire approval; and further, That since this Festival is a celebration of our ethnic diversity it be declared a "Community Festival". COUNCIL MINUTES FEBRUARY 14, 2011 - 35 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. That the application fora 2011 Place of Refreshment -Class `A' licence for Kenny's Bar & Grill, located at 347 Lancaster Street West be referred to a Licensing Hearing; and further, That a temporary licence be issued to Kenny's Bar & Grill for the period ending June 30, 2011 pending the outcome of the Licensing Hearing. 8. That for budget deliberations, staff compile a list of potential items for reduction that would effect a decrease ranging from 1 % up to 5% in the overall proposed tax levy increase of 1.94% for 2011 and outline the implications associated with each item listed for potential reduction. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That the principles of the Transportation Demand Management Plan attached to Infrastructure Services Department report INS-11-016, be approved in principle and referred to the 2011 Budget Review. HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2011-IV-001, be approved to permit the reconstruction of the southwest corner of the drive shed foundation at 300 Joseph Schoerg Crescent in accordance with the plans and supporting information submitted with the application and subject to the following condition: That the final building permit drawings be stamped by a professional engineer and submitted for review and heritage clearance by Heritage Planning staff prior to the issuance of a Building Permit. 2. That pursuant to Section 42(4) of the Ontario Heritage Act, the timeframe for formal consideration of Heritage Permit Application HPA 2010-V-022 (215 Old Carriage Drive), be further extended to March 28, 2011 to provide additional time for the applicant to review the revised drawings and determine the most feasible option for moving forward. COUNCIL MINUTES FEBRUARY 14, 2011 - 36 - 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 - 1. Tender Dealt with under Delegations. 2. CSD-11-032 -Local Environmental Action Fund (LEAF) Steering Committee - Appointment of Citizen Advisors Council considered Community Services Department report CSD-11-032 (B. Steiner), dated February 9, 2011. It was resolved: "That the LEAF Steering Committee be comprised of the following individuals: the Deputy CAOs of the three (3) City departments, the Director of Planning, the Senior Environmental Planner responsible for LEAF, and at least two (2) to a maximum of five (5) citizen advisors; and further, That Scott Piatkowski, Karen Redman, Charles Priddle, Teresa Cornwell and James Dankert be appointed to sit on the LEAF Steering Committee for the period of 2011- 2012." 3. FCS-11-033 - Sportsworld Arena -Cost Sharing Agreement -Discharge of Interest over Lands being Conveyed to MTO Council considered this date Finance and Corporate Services Department report FCS- 11-033 (L. MacDonald). It was resolved: "That the Mayor and Clerk be authorized to sign a Direction and Acknowledgement authorizing the City Solicitor to execute documentation necessary to release /discharge the City's interest currently registered on title through Instrument No. WR483132."