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HomeMy WebLinkAboutCouncil - 2014-04-14COUNCIL MINUTES APRIL 14, 2014 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor J. Gazzola. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by Favia Gonzalez, King School of Vocal. 2. MINUTES — On motion by Councillor S. Davey, the minutes of the regular meeting held March 31, 2014 and special meetings held March 31 & April 7, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a & 8.a — Three -Hour Parking By -law Pilot Program Mr. Denis Pellerin addressed Council in opposition to the recommendation deferred from the April 7, 2014 special Council meeting to continue the program of not enforcing the three (3) hour parking time limit between the hours of 11 p.m. and 6 a.m., from April 1 to November 30, each year; listed under Unfinished Business as Item 8.a. He expressed concern with the loss of enforcement revenue as well as the potential congestion that may occur on some City streets. Councillor Y. Fernandes expressed concern with the inclement weather the City of Kitchener has experienced thus far this month and suggested it might be preferable to adjust the program's start date. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor S. Davey, to amend the April 7, 2014 recommendation to change the annual start date from April 1St to May 1St. Councillor Fernandes' amendment was then voted on and was LOST on a tie vote. Councillor D. Glenn- Graham expressed concern with approval being given to the proposed parking changes in perpetuity. He commented it would be preferable to conduct a review after this year as a means of identifying any possible issues with this program. A motion was brought forward by Councillor D. Glenn- Graham, seconded by Councillor Y. Fernandes, to amend the April 7, 2014 recommendation to replace the words "each year" with "2014 ". Councillor Glenn- Graham's amendment was voted on and was Carried. Moved by Councillor D. Glenn- Graham Seconded by Councillor B. loannidis "That staff be directed to continue the program of not enforcing the three (3) hour time limit provision of the City's Uniform Traffic By -Law 2007 -138, between the hours of 11 p.m. and 6 a.m., from April 1 to November 30, 2014, as outlined in Community Services Department report CSD -14- 017." Carried, as Amended. 6.b Tenders Mr. Larry Gordon, 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. APRIL 14, 2014 COUNCIL MINUTES -78- Councillor Glenn- Graham left the meeting at this time. Moved by Councillor B. loannidis Seconded by Councillor B. Vrbanovic CITY OF KITCHENER "That Quotation Q14 -003 — Firefighter Station Wear, be awarded to Frontline Outfitters Ltd., Bedford, Nova Scotia, at their quoted price of $28,755.45, plus H.S.T. of $3,738.21, for a total of $32,493.66, for a one (1) year term with an option to renew for two (2) additional twelve (12) month terms." - and - "That Tender T14 -006 — Queens Boulevard (Rex Drive to Belmont Avenue) Road Reconstruction, be awarded to Sierra Construction (Woodstock) Limited, Woodstock, Ontario at their corrected tendered price of $2,110,102.98, including provisional items and contingencies of $234,738.50, plus H.S.T. of $274,313.39, for a total of $2,384,416.37." Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Councillor Y. Fernandes expressed concern regarding Clause 10, noting that at the April 7, 2014 Committee meeting it was decided the traffic calming review for Doon Village Road would be extended to Tilt Drive and not Anvil Street as indicated in the Committee report. Council agreed to revise Clause 10 to reflect what was decided at the Committee meeting. Councillor K. Galloway - Sealock expressed concern with Paragraph 3 of Clause 11 of the Committee report, which indicates the annual capital improvement grant to the Festival of Neighbourhoods will be increased from $20,980. to $21,000. She suggested that the starting point should be clarified to reflect the existing grant amount of $10,000; and Council agreed to amend Clause 11 accordingly. Moved by Councillor B. loannidis Seconded by Councillor F. Etherington "That the report of the Community and Infrastructure Services Committee, as amended, be adopted." Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Finance and Corporate Services Committee report be adopted." Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor F. Etherington Seconded by Councillor P. Singh "That the report of Heritage Kitchener be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — NIL APRIL 14, 2014 10. QUESTIONS AND ANSWERS — COUNCIL MINUTES -79- Councillor D. Glenn- Graham re- entered the meeting at this time. In response to questions, staff agreed to undertake the following actions: CITY OF KITCHENER • provide additional information regarding the potential use of infrared paving machine to extend the longevity of the asphalt used to repair potholes; • investigate whether funding is available in the Cycling Advisory Committee budget that could be utilized in 2014; • examine the possibility of providing additional information to the public regarding the City's program to collect tree branches and debris resulting from winter storms; and, • examine the possibility of providing information to the public in relation to the City's By -law Enforcement responsibility concerning rats. Councillor F. Etherington advised he wished to introduce a motion and requested the requirements for giving Notice of Motion be waived. Moved by Councillor F. Etherington Seconded by Councillor D. Glenn- Graham "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waives the requirement for Notice of Motion with respect to the Out of the Cold program." Carried, with the required 2/3 vote of the whole of Council. A motion was brought forward by Councillor F. Etherington, seconded by Councillor P. Singh, to direct City staff to work with Region of Waterloo Social Services in an effort to find a location for the Tuesday night Out of the Cold program. Councillor B. Vrbanovic pointed out that contrary to what is indicated in Clause 1 of Councillor Etherington's motion, the Out of the Cold program is not solely provided within the City of Kitchener. It was agreed that reference to the City of Kitchener would be removed from Clause 1 and direction be given to seek the cooperation of the City of Waterloo for this initiative. At the suggestion of Councillor S. Davey, it was agreed to add a further clause to Councillor Etherington's motion directing that it be circulated to the Region of Waterloo and the City of Waterloo. In addition, Councillor Davey requested each operative clause be considered separately on a recorded vote. Moved by Councillor F. Etherington Seconded by Councillor P. Singh "WHEREAS several hundred disadvantaged, homeless people make use of food and emergency shelter provide by the Out of the Cold program each last fall and winter; and, WHEREAS the Ray of Hope agency has announced it will no longer provide Tuesday shelter and food service each Tuesday night starting in the late fall of 2014 which could leave street people without adequate, necessary shelter; and, WHEREAS to date no alternate church or charitable groups have volunteered to replace Ray of Hope and the inner -city Tuesday night shelter services provided by Out of the Cold; THEREFORE BE IT RESOLVED that City staff work closely with Out of the Cold organizers, Region of Waterloo Social Services staff as well as the City of Waterloo in an effort to find a Tuesday night location for the Out of the Cold services; BE IT FURTHER RESOLVED that City staff report back at the August 25, 2014 Council meeting on progress made to find an alternate shelter location; and, APRIL 14, 2014 COUNCIL MINUTES CITY OF KITCHENER BE IT FINALLY RESOLVED that this resolution be circulated to the Region of Waterloo and the City of Waterloo." Clause 4 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors K. Galloway - Sealock, S. Davey, B. Vrbanovic, D. Glenn- Graham, Y. Fernandes, P. Singh, F. Etherington and B. loannidis. Contra: Councillor Z. Janecki Absent: Councillor J. Gazzola Clause 5 — Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Gazzola, K. Galloway - Sealock, D. Glenn - Graham, B. Vrbanovic, P. Singh, F. Etherington and B. loannidis. Contra: Councillors Y. Fernandes, S. Davey and Z. Janecki. Absent: Councillor J. Gazzola Balance of motion — Carried. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add two by -laws for three readings this date related to Part Lot Control exemptions for lots on St. Leger Street and Louisa Street. Moved by Councillor B. Vrbanovic Seconded by Councillor B. loannidis "That leave be given the Mover and Seconder to introduce the following by -law, namely: a. To confirm the actions and proceedings of the Council. b. Being a by -law to exempt certain lots from Part Lot Control — Block 1, Registered Plan 58M -561 — St. Leger Street. C. Being a by -law to exempt certain lots from Part Lot Control — Block 8, Registered Plan 58M -561 — Louisa Street. 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, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor S. Davey as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES APRIL 14, 2014 Moved by Councillor S. Davey Seconded by Councillor B. Vrbanovic -81- CITY OF KITCHENER "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 B. Vrbanovic Seconded by Councillor B. loannidis "That the by -law be given third reading, namely: a. To confirm all actions and proceedings of the Council. (By -law No. 2014 -040) b. Being a by -law to exempt certain lots from Part Lot Control — Block 1, Registered Plan 58M -561 — St. Leger Street. (By -law No. 2014 -041) C. Being a by -law to exempt certain lots from Part Lot Control — Block 8, Registered Plan 58M -561 — Louisa Street. (By -law No. 2014 -042) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:20 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 14, 2014 -82- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That the Uniform Traffic By -law be amended to permit parking for a maximum period of three consecutive hours on the south side (odd number side) of Chestnut Street from Frederick Street to Mansion Street, as outlined in Infrastructure Services Department report INS -14 -038. 2. That the Uniform Traffic By -law be amended to prohibit parking at anytime from January 1 to March 31 on the east side (odd number side) of Fergus Avenue from Weber Street East to Thaler Avenue, as outlined in Infrastructure Services Department report INS -14 -039. 3. That Council Policy 1 -325 (Municipal Alcohol Policy), be repealed and replaced with the revised Council Policy 1 -325 (Municipal Alcohol Policy) dated April 7, 2014, as attached in Community Services Department report CSD -14 -023, effective July 1, 2014. 4. That Ms. Victoria Van Cappellen and Ms. Gwyneth Mitchell be appointed to the Cycling Advisory Committee for the term ending November 30, 2014, as outlined in Infrastructure Services Department report INS -14 -043. 5. 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 Weber Street widening contract No 2013 -121 in the City of Kitchener, as outlined in Infrastructure Services Department report INS -14 -043; and further, The request for the noise by -law exemption is between the hours of 7:00 p.m. and 7:00 a.m. Monday to Friday for the period April 1, 2014 to December 19, 2014. 6. That staff be directed to proceed with the development of Stormwater Master Plan as a Municipal Class Schedule B Environmental Assessment to replace Council Policy 1 -1135 (Stormwater Management Policy) dated December 10, 2001, as outlined in Infrastructure Services Department report INS -14 -037. 7. That the 2013 Stormwater Audit Technical Memorandum and 2014 recommendations be endorsed, as attached to Infrastructure Services Department report INS -14 -034. 8. That a road narrowing be installed on Guelph Street at: • Margaret Avenue; • Woodward Avenue; • Crestwood Avenue; • Floyd Street; • St. Leger Street; • Edwin Street, • Arnold Street; • Englewood Place; and, That parking be prohibited at anytime on both sides of Guelph Street encompassing the narrowed roadway at: • Margaret Avenue; • Woodward Avenue; • Crestwood Avenue; • Floyd Street; • St. Leger Street; • Edwin Street, • Arnold Street; • Englewood Place; and, That parking be prohibited at anytime on the west side of Guelph Street from Margaret Avenue to St. Leger Street; and, APRIL 14, 2014 COUNCIL MINUTES -83- REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 8. (Cont'd) That parking be prohibited at anytime on the east side of Guelph Street from St. Leger Street to Lancaster Street West; and further, That bicycle sharrows along with complementary cycling signage be installed on Guelph Street from Moore Avenue to Lancaster Street West, as outlined in Infrastructure Services Department report INS -14 -036. 9. That the existing Council Policy 1 -1235 (Traffic Calming), dated August 30, 2004 be repealed and replaced with the revised Council Policy 1 -1235 (Traffic Calming), as attached in Infrastructure Services Department report INS -14 -042. 10. That traffic calming reviews be initiated in 2014, as outlined in Infrastructure Services Department report INS -14 -046, for the following streets: • Doon South Drive - Homer Watson Boulevard to Robert Ferrie Drive; • Doon Village Road - Homer Watson Boulevard to Tilt Drive; and, • Westheights Drive - Highland Road to Highland Road. (Carried, as Amended) 11. That the Council Policy 1 -525 (Community Investment) be amended to remove the Community Grants Tier 3 program; as outlined in Community Services Department report CSD -14 -003; and, That the annual funds from the Community Grants Tier 3 program be reallocated to the Festival of Neighbourhoods capital improvement grant on an ongoing basis; and further, That the annual capital improvement grant to the Festival of Neighbourhoods be increased from $10,000. to $21,000. (Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That the Association of Municipalities of Ontario's (AMO) recommendation to adopt a `Combined Model' of Legislative Reform to address the issue of the inequitable effects of Joint and Several Liability on municipal insurance claims be endorsed; and further, That the Mayor be directed to circulate correspondence in support of AMO's recommendation to the Premier of Ontario, the Provincial Attorney General and the Minister of Municipal Affairs and Housing. 2. That Section 4 of Council Policy 1 -180 (Agreements & Contracts - Extension, Renewal of or Amendment to) be amended to remove the phrase "annual basis" and replace it with "once every term of Council ". 3. That the existing Line of Credit to The People's Car Cooperative Inc., operating as Community CarShare (CarShare) be extended subject to the following terms and conditions: • That the credit limit be maintained at $30,000; • That the term of the line of credit be for five years (expires April 30, 2019); • That the interest rate on the Line of Credit be set at the average interest rate of the City's long term investment portfolio to be adjusted yearly; and, • That CarShare provide yearly audited statements to the City; and further, APRIL 14, 2014 COUNCIL MINUTES -84- REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 3. (Cont'd) CITY OF KITCHENER That the Mayor and Clerk be authorized to execute an agreement with The People's Car Cooperative Inc., subject to the satisfaction of the City Solicitor, as outlined in Finance and Corporate Services Department report FCS -14 -053. 4. That the 2013 Downtown Annual Report, entitled "The Start of Awesome ... a look back at Downtown Kitchener in 2013 ", as attached to Chief Administrator's Office report CAO -14 -019, be endorsed. 5. That staff be directed to provide a report to a future Finance and Corporate Services Committee meeting outlining the purpose for the 2013 Consulting costs between $25,000 and $100,000 by vendor, as well as further information on the costs associated with items between $5,000 and $25,000 by vendor, which do not require the approval of Kitchener City Council. HERITAGE KITCHENER — 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2014 -IV -003, be approved to permit the installation of Enviroshake or asphalt shingles and roof vents (rear elevation) at the property municipally addressed as 883 Doon Village Road in accordance with the supporting information submitted with the application and subject to the following condition: i) That the final location and details for the roof vents on the rear elevation be reviewed and approved by Heritage Planning staff. APRIL 14, 2014 COUNCIL MINUTES -85- COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: CITY OF KITCHENER "That the by -laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. FCS -14 -070 — LRT Project — Proposed Easements to Hydro One Networks Inc. Council considered Finance and Corporate Services Department report FCS -14 -070 (L. MacDonald, dated April 9, 2014. It was resolved: "That the City grant an easement to Hydro One Networks Inc. ( "Hydro One ") on part of the lands located in the former Vanier Drive road allowance, being Part 9, Plan 58R- 17989, previously declared surplus, and approved by council to be conveyed to the Regional Municipality of Waterloo ( "Region "), prior to these lands being conveyed to the Region; and further, That Mayor and Clerk be authorized to execute any documentation in this regard to the satisfaction of the City Solicitor."