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HomeMy WebLinkAboutCouncil - 2015-09-14COUNCIL MINUTES SEPTEMBER 14, 2015 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. Councillor P. Singh was in attendance for part of the meeting. 1. COMMENCEMENT — The meeting began with the singing of "0 Canada ". 2. MINUTES — On motion by Councillor J. Gazzola, the minutes of the regular meeting held August 24, 2015 and special meetings held August 24 & 31, 2015, 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 — a. Flag Request under Policy 1 -442: • Franco- Ontarian Day — September 25, 2015; and, • United Nations International Day of Older Persons — October 1, 2015. 5. PRESENTATIONS — 5.a. Pan Am and Parapan Am Athlete Recognition On behalf of Council, Mayor B. Vrbanovic presented certificates recognizing the following local athletes and volunteers who participated in the Pan Am and Parapan Am Games: • Mandy Bujold; • Alec Elliot; • Jamal Murray, accepted by father Roger Murray • Leah Robinson; • Greg Sych; • Rick Cadilha; • Raquel Cadilha; and, • Janice Moore. 6. DELEGATIONS — 6.a. Committee of Adjustment Submission No. FN 2015 -002 Mr. Greg Moore addressed Council in support of Committee of Adjustment Submission No. FN 2015- 002 to approve a variance to construct a wooden fence at 223 Claremont Avenue, listed as Item B.2.i. on the Committee of the Whole agenda. Moved by Councillor Z. Janecki Seconded by Councillor K. Galloway- Sealock "That the application of Greg Moore (FN 2015 -002 — 223 Claremont Avenue) requesting permission to construct a wooden fence having a height of 1.82m (5.971') located 0.25m (0.82') from the exterior lot line abutting Westmount Avenue rather than the required setback of 1.5m (4.921'), on Lot 9, Plan 872, 223 Claremont Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a landscape plan to the satisfaction of the Planning Division by November 1, 2015. 2. That the owner shall ensure that the fence is located outside of the Regional 7.62m (25) Corner Visibility Triangle." Carried. COUNCIL MINUTES SEPTEMBER 14, 2015 -165- CITY OF KITCHENER Council Policy 1 -517 (Collections — Utility and Miscellaneous Receivables) Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway - Sealock "That pursuant to Section 25.5.5(b) of Chapter 25 of the Municipal Code (Council Procedure), Ms. Moira Magee be permitted to address Council this date regarding Policy 1 -517 (Collections — Utility and Miscellaneous Receivables), which was not listed on the Council agenda." Carried. Ms. Moira Magee addressed Council expressing concerns with the City's policy related to the handling of utility arrears. Moved by Councillor S. Davey Seconded by Councillor Y. Fernandes "That the processes and provisions of Policy 1 -517 (Collections — Utility and Miscellaneous Receivables), be affirmed." Carried. Property Taxes Moved by Councillor Y. Fernandes Seconded by Councillor K. Galloway - Sealock "That pursuant to Section 25.5.5(b) of Chapter 25 of the Municipal Code (Council Procedure), Ms. Frances Brecko be permitted to address Council this date regarding property taxes." Carried. Ms. Frances Brecko addressed Council to express concern regarding the annual increases in her property tax bill. She suggested that efficiencies should be identified within the municipality's operations to reduce the burden on the tax base. Westheights Drive Traffic Calming Council considered Infrastructure Services Department report INS -15 -080 (J. Readman), dated September 9, 2015, which recommended a new design which maintains the majority of the existing parking on Westheights Drive while still meeting the requirements of the Cycling Master Plan; listed on the Council agenda as Item 8.a. under Unfinished Business. Additionally, Council was in receipt this date of revised drawings intended to replace pages 8.a. -7 and 8.a. -8 in the agenda, which show the removal of the left turn lane at the western intersection of Westheights Drive and Driftwood Drive. Mr. John Edmond was in attendance and spoke to the revised design for the Westheights Drive Traffic Calming measures. He suggested that additional changes could be made in the future to reduce speeding on Westheights Drive; such as lowering the speed limit and an increased police presence. Responding to questions, he indicated the majority of the neighbourhood is happy with the proposed changes. Councillor P. Singh entered the meeting at this time. At the request of Mr. J. Readman, Director of Transportation Services, Council agreed to incorporate the drawings circulated this date into the revised design for the traffic calming measures on Westheights Drive. Moved by Councillor B. loannidis Seconded by Councillor K. Galloway - Sealock "That an intersection narrowing be constructed at Westheights Drive's eastern intersection with Driftwood Drive; COUNCIL MINUTES SEPTEMBER 14, 2015 -166- CITY OF KITCHENER That the four concrete islands, two at Westheights and McGarry and two at Westheights and Queens Boulevard be removed and replaced with oversize stop signs within the boulevard; That Westheights Drive's four -lane cross - section be reconfigured to the following: ■ A 2.2 metre parking lane • A 0.5 metre buffer • A 1.5 metre bike lane • Two (2) 3.1 metre travel lanes • A 1.5 metre bike lane • A 0.5 metre buffer • A 2.2 metre parking lane, That on- street parking areas be defined through on -road pavement markings; and further, That the Uniform Traffic Bylaw be amended accordingly." Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, D. Schnider, S. Davey, B. loannidis, P. Singh, Y. Fernandes and F. Etherington. Contra: Councillors J. Gazzola and Z. Janecki. Applications for Cancellation, Refund or Reduction of Taxes Mr. Phat Nguyen was in attendance with regards to the applications for cancellations, refund, reduction of taxes, as outlined in Finance and Corporate Services Department report FCS -15 -130 (J. Evans), listed as Item B.4 on the Committee of the Whole agenda. Mayor B. Vrbanovic referred to correspondence received from Mr. D. Chapman, Deputy CAO — Finance and Corporate Services, this date requesting the original recommendation contained in Report FCS -15 -130 be substituted with one which defers consideration of applications 87 and 88 to the October 5, 2015 Council meeting. Moved by Councillor K. Galloway- Sealock Seconded by Councillor Y. Fernandes "That the applications to City Council for cancellation, reduction, refund of taxes, excluding applications #87 and #88, totaling $127,341.40 as attached to Finance and Corporate Services Department report FCS -15 -130, be approved, pursuant to section 357 of the Municipal Act; and further That consideration of applications #87 and #88 representing an increase in taxes of $4,736.10 be deferred to the October 5, 2015 Council meeting, at the request of the property owner, to allow for clarification of the basis of the adjustment with the property owner." Carried, as Amended. 6.b - Tenders Ms. Michelle Palmer - Novakovic, 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. In response to questions, Mr. D. Chapman agreed to circulate additional information, via a confidential email, regarding the evaluation criteria used to rate each submission received for Expression of Interest E15 -052 (Consulting Services — South Kitchener District Park). Councillor Y. Fernandes requested a recorded vote on each tender being considered this date. COUNCIL MINUTES SEPTEMBER 14, 2015 -167- CITY OF KITCHENER Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That Expression of Interest E15 -052 Consultant Services — South Kitchener District Park, be awarded to Stantec Consulting Ltd., Kitchener, Ontario at their estimated fee of $809,116.22, including contingencies of $73,556.02 plus H.S.T. of $105,185.11, for a total of $914,301.33, based on a satisfactory contract being negotiated and an upset fee being established." Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, D. Schnider, S. Davey, B. loannidis, P. Singh and F. Etherington. Contra: Councillors J. Gazzola, Y. Fernandes and Z. Janecki. Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That Quotation Q15 -059 Two (2) 2.44 Metric Tonne (2.7 Ton) Tandem Vibratory Asphalt Rollers, be awarded to Battlefield Equipment Rentals, Cambridge, Ontario, at their quoted price of $83,278., plus H.S.T. of $10,826.14, for a total of $94,104.14." Carried Unanimously on a recorded vote. Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That the City of Kitchener piggyback on the Ontario Ministry of Government and Consumer Services, Vendor of Record (VOR) Number OSS_00466131 for Desktop Management Services and Products (DMSP -03), with CompuCom Canada Co., Mississauga, Ontario, at their proposed unit prices for a thirty -one (31) month period, with an option to renew for two (2) additional twelve (12) month periods." Carried Unanimously on a recorded vote. Moved by Councillor K. Galloway - Sealock Seconded by Councillor B. loannidis "That Tender T15 -067 Remove and Dispose of Excess Materials from Battler Yard from Stormwater Management Facilities (SWMFs) Cleanouts, be awarded to Ground Force Environmental Inc., Kitchener, Ontario at their tendered price of $297,380., including provisional items and contingencies of $33,025., plus H.S.T. of $38,659.40, for a total of $336,039.40." Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, D. Schnider, S. Davey, B. loannidis, P. Singh, Z. Janecki, and F. Etherington. Contra: Councillors J. Gazzola and Y. Fernandes. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. loannidis Seconded by Councillor F. Etherington COUNCIL MINUTES SEPTEMBER 14, 2015 -168- CITY OF KITCHENER "That the balance of the Community and Infrastructure Services Committee be adopted." At the request of Councillor Y. Fernandes, it was agreed that Clause 2 of the Committee report would be voted on separately. Clause 2 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, J. Gazzola, D. Schnider, Z. Janecki, F. Etherington and P. Singh. Contra: Councillor Y. Fernandes. Balance of report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor K. Galloway - Sealock "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the report of Heritage Kitchener be adopted." Carried. 8. UNFINISHED BUSINESS — Dealt with under Delegations. 9. NEW BUSINESS — 9.a. Federation of Canadian Municipalities (FCM) and 2015 Federal Election Update Mayor B. Vrbanovic provided an update on the work being undertaken by the Federation of Canadian Municipalities (FCM) with respect to the 2015 Federal Election. He stated that FCM is working to make local priorities the top issues in the Federal Election. He added that FCM has recently released their election platform, which focuses on the following: Local Jobs and Growth; Livable Communities; Safe Cities and Communities; Environmentally Sustainable Cities and Communities; and, Global Municipal Connections 9.b. Syrian Refugees Councillor Y. Fernandes gave notice that she would introduce the following motion for consideration this date urging the Federal Government of increase the number of refugees being admitted into Canada and to donate $5,000. to the Mennonite Central Committee's (MCC) S.O.S. for Syria Campaign A motion was brought forward by Councillor F. Etherington, seconded by Councillor K. Galloway - Sealock, to amend Councillor Fernandes' motion to increase the donation to MCC from $5,000. to $10,000. Councillor Etherington's amendment was voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway - Sealock, P. Singh, B. loannidis, S. Marsh, Y. COUNCIL MINUTES SEPTEMBER 14, 2015 -169- CITY OF KITCHENER Fernandes, F. Etherington, J. Gazzola and S. Davey voting in favour; and, Councillor Z. Janecki voting in opposition. Moved by Councillor Y. Fernandes Seconded by Councillor P. Singh "WHEREAS the Syrian Civil War has forced thousands of people to flee to neighbouring countries, such as Greece and Turkey; and, WHEREAS the humanitarian crisis in Syria has forced numerous people to seek alternative, and often dangerous, methods to leave that country; and, WHEREAS limited economic opportunities and less- welcoming atmospheres has resulted in some countries passing legislation to tighten their rules pertaining to admitting refugees; and, WHEREAS the number of refugees being admitted into Canada appears to fall short of addressing the plight of these refugees; and, WHEREAS the City of Kitchener has a long track record of providing assistance in times of international crisis; THEREFORE BE IT RESOLVED that the Government of Canada be urged to increase the number of refugees being admitted into this country, and expedite the process for people seeking to sponsor these refugees entrance into Canada; BE IT FURTHER RESOLVED that $10,000 be donated to the Mennonite Central Committee's S.O.S. for Syria Campaign to assist children and families who are displaced by violence in Syria's Civil War; and, BE IT FINALLY RESOLVED that a copy of this resolution be circulated to the leaders of the four major federal political parties, the Minister of Immigration and Citizenship, the Federation of Canadian Municipalities and local area MPs." Carried Unanimously, as amended, on a recorded vote. 10. QUESTIONS AND ANSWERS — In response to questions, Mr. J. Willmer, Chief Administrator, agreed to provide additional information as to whether the operator of Big Music Fest owes the City any money related to the 2015 event. 11. BY -LAWS (FIRST READING) — Moved by Councillor S. Marsh Seconded by Councillor Z. Janecki "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 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. COUNCIL MINUTES SEPTEMBER 14, 2015 -170- CITY OF KITCHENER 12. COMMITTEE OF THE WHOLE - On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor S. Marsh "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. Marsh Seconded by Councillor Z. Janecki "That the by -laws be given third reading, 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. (By -law No. 2015 -096) 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. 2015 -097) 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 confirm all actions and proceedings of the Council. (By -law No. 2015 -098) (By -law No. 2015 -099) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:57 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 14, 2015 - 171 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Stanley Park Community Association, for a community celebration to be held at the Stanley Park Community Centre, between the hours of 10:00 a.m. and 2:00 p.m., on September 19, 2015, as outlined in Community Services Department report CSD -15 -076. 2. That an extension of the purchase order 206424 issued to Resource Industrial Group Ltd., Ayr, Ontario, for the Roland Street Bridge Replacement, Victoria Park, be increased in the amount of $15,449.12., plus H.S.T. of $2,008.39, for a total of $17,457.51, be approved, as outlined in Infrastructure Services Department report INS -15 -070. (Carried on a recorded vote) 3. That the Ministry of Transportation, Ontario (MTO) and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work, between the hours of 7:00 p.m. and 7:00 a.m. for the period from September 1, 2015 to September 30, 2015, during the asphalt surface repairs to the approaches to the Highway 7 to Highway 8 ramp, as outlined in Infrastructure Services Department report INS -15 -072. 4. That the Mayor and Clerk be authorized to execute a lease renewal agreement, subject to the satisfaction of the City Solicitor, with the business known as "Feelings From the Heart" to operate one wedding chapel at City Hall, be approved for an additional three year period commencing on September 1, 2015 until August 31, 2018, as outlined in Infrastructure Services Department report INS -15 -073. 5. That Kitchener Growth Management Strategy - 2015 Annual Monitoring Report, be received for information, attached as Appendix `A' to Community Services Department report CSD -15 -061, and further; That Report CSD -15 -061 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region of Waterloo regarding delegated approval of authority. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That pursuant to Section 51(31) of the Planning Act R.S.O. 1990 c.P.13, as amended, and By- law 2002 -164 as amended, draft approval be granted for Common Elements Condominium Application 30CDM -14204 for 1 Adam Street (Victoria Common) Block 5 in the City of Kitchener, subject to the conditions as outlined in Appendix `A' of Community Services Department report CSD -15 -068. 2. That pursuant to Section 51(31) of the Planning Act R.S.O. 1990 c.P.13, as amended, and By- law 2002 -164 as amended, draft approval be granted for Common Elements Condominium Application 30CDM -15204 for 1 Adam Street (Victoria Common) Block 3 in the City of Kitchener, subject to the conditions as outlined in Appendix `A' of Community Services Department report CSD -15 -069. HERITAGE KITCHENER — 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2015 -V -014 be approved to permit the demolition of an addition and construction of a replacement addition, at the property municipally addressed as 466 Queen Street South, in accordance with the supporting information submitted with the application, as outlined in Community Services Department report CSD -15 -074, and subject to the following condition: i) that the final building permit drawings be reviewed and heritage clearance provided by heritage planning staff prior to the issuance of a building permit. COUNCIL MINUTES SEPTEMBER 14, 2015 -172- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER — (CONT'D) 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2015 -IV -015 be approved to permit the construction of a cedar fence, at the property municipally addressed as 300 Joseph Schoerg Crescent, in accordance with the supporting information submitted with the application, as outlined in Community Services Department report CSD -15 -075. COUNCIL MINUTES SEPTEMBER 14, 2015 -173- 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. Various Tenders Dealt with under Delegations. 2. FCS -15 -127 — Sign / Fence Variances - Various Council considered Finance and Corporate Services Department report FCS -15 -127 (D. Saunderson), dated August 26, 2015. It is noted that Submission No. FN 2015 -002 — 223 Claremont Avenue, Kitchener was dealt with under Delegations. It was resolved: "That the application of 1903303 Ontario Ltd. (SG 2015 -007 — 311 Frederick Street) requesting permission to install a ground supported sign having a separation distance from another ground supported sign on an abutting property of 9.1 m (29.855`) rather than the required distance separation of 15m (49.212'), on Part Lot 1, Plan 197, 311 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure that the maximum height of the sign shall not exceed 1.82 metres (5.97 ft.); of which 1.61 metres (5.28 ft) is the main portion of the sign and 0.21 metres (0.69 ft.) is the address. 2. That the owner shall submit and receive approval of a Landscape Plan to the satisfaction of the Planning Division. 3. That the owner shall obtain a Sign Permit from the Planning Division. 4. That the owner shall ensure that the sign is located outside the 7.62 metre (25 ft) Regional Corner Visibility Triangle (CVT). 5. That the owner shall fulfil the above noted conditions no later than November 1, 2015. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to fulfil these conditions will result in this approval becoming null and void. It is the opinion of this Committee that- 1 . The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. - and further - That the application of 1903303 Ontario Ltd. (SG 2015 -007 — 311 Frederick Street) requesting permission to install a ground supported sign located 0.3 metres (0.984 ft) from the front lot line rather than the required 0.4 metres (1.312 ft), on Part Lot 1, Plan 197, 311 Frederick Street, Kitchener, Ontario, BE REFUSED. COUNCIL MINUTES SEPTEMBER 14, 2015 -174- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 2. FCS -15 -127 — Sign / Fence Variances — Various (Cont'd) It is the opinion of this Committee that- 1 . The variances in this application are not minor in nature. 2. This application is not desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is not being maintained on the subject property." 3. FCS -15 -131 — Dangerous Dog Designation Appeal — Loveless and Johnston Council considered Finance and Corporate Services Department report FCS -15 -131 (D. Livingstone) dated August 26, 2015. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Shannon Loveless and Ms. Kathy Johnston, wherein the Committee rescinds the Potentially Dangerous Dog Designation applied to their dog `Freckles' by the Kitchener - Waterloo and North Waterloo Humane Society, be ratified and confirmed." 4. FCS -15 -130 — Applications for Cancellation, Refund or Reduction of Taxes Dealt with under Delegations. 5. FCS -15 -136 — Encroachment Agreement — 44 -54 Queen Street South Council considered Finance and Corporate Services Department report FCS -15 -136 (E. Mogck) dated September 9, 2015. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 44 -54 Queen Street South (PIN 22427 -0069) to authorize the installation a sign which will project 2 feet, more or less, over the City of Kitchener's Queen Street South road allowance." 6. McLennan Park Comfort Station Council considered a recommendation arising from in- camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute the necessary settlement documents satisfactory to the City Solicitor regarding the McLennan Park Comfort Station, in accordance with the direction received in- camera on September 14, 2015."