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HomeMy WebLinkAboutCouncil - 2015-12-14COUNCIL MINUTES DECEMBER 14, 2015 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 ". On motion by Councillor Z. Janecki, the minutes of the regular meeting held November 16, 2015 and special meetings held November 16 & 23 and December 7, 2015, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor B. loannidis declared a pecuniary interest regarding Zone Change Application ZC15/016/H/BB to remove the holding provision for lands located at 1402, 1426 and 1430 Highland Road West, listed under Clause 2 of the Community and Infrastructure Services Committee report, as his family owns property in the vicinity of the subject properties. Accordingly, he did not take part in any discussion or voting regarding this matter. Councillor Z. Janecki declared pecuniary interest with respect to the Tier 1 Community Grant proposed for the Kitchener - Waterloo Community Orchestra Association, listed under Clause 7 of the Community and Infrastructure Services Committee report, as he is a member of the Board of Directors. Accordingly, he did not take part in any discussion or voting regarding this matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. Accessibility for Ontarians with Disabilities Act (AODA) Champion Award Mayor B. Vrbanovic advised that Regional Chair Ken Seiling was in attendance to assist with presenting Ms. Sue Morgan with the Accessibility for Ontarians with Disabilities Act (AODA) Champion Award; unfortunately, Ms. Morgan was unable to attend this meeting. It was noted this award may be presented to Ms. Morgan at the next Regional Council meeting. Five Year of Public Service Awards Mayor B. Vrbanovic presented awards to Councillors S. Davey, F. Etherington, Y. Fernandes, Z. Janecki, B. loannidis and P. Singh in recognition of their five years of public service with the City of Kitchener. 6. DELEGATIONS — Sidewalk Infill - 2016 Reconstruction Projects Mayor B. Vrbanovic advised that Ms. Kathie Cameron was in attendance to respond to questions regarding the exemption to the Sidewalk Infill Policy recommended for Marina Road, as outlined under Clause 1 of the Planning and Strategic Initiatives Committee report. Moved by Councillor P. Singh Seconded by Councillor B. loannidis "That Clause 1 of the Planning & Strategic Initiatives Committee report, be adopted." Carried. 2016 Community Grants Ms. Trudy Beaulne, Ms. Gehan Salary, Ms. Mary Pappert as well as Messrs. Derek Alton, Greg Michalenko and Martin de Groot appeared in opposition to the proposed phase out of a portion of the annual Tier 1 Community Grant for the Social Planning Council of Kitchener - Waterloo (SPCKW), as COUNCIL MINUTES DECEMBER 14, 2015 -242- CITY OF KITCHENER listed under Clause 7 of the Community and Infrastructure Services Committee report. They encouraged Council to reject the recommendation proposed in Appendix `A' of Community Services Department report CSD -15 -088, calling for a 50% reduction in grant funding for community information services, which would then be eliminated after 2016. Responding to questions, Mr. M. May, Deputy CAO — Community Services, advised that earlier in 2015, the Region of Waterloo awarded a tender to the Social Planning Council of Cambridge and North Dumfries for the creation and maintenance of a region -wide community information database. He stated the Region previously provided a grant to SPCKW to complete this work on their behalf. He added this change in the Region's service provider prompted the City to review the grant provided to SPCKW. He noted the Region's new database will be available to the City at no additional cost to taxpayers; accordingly, it was determined there was no corporate need to provide additional funding to SPCKW for this service. On motion by Councillor K. Galloway - Sealock, seconded by Councillor D. Schnider, Clause 7 of the Community and Infrastructure Services Committee report was brought forward for consideration, with a revision to increase the Tier 1 Community Grant to MT Spaces for 2016 by $10,000., which would be funded through a reduction to the Tier 2 Community Grant budget allocation. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, to amend Clause 7 to not reduce the Tier 1 Community Grant to SPCKW for community information services. Mayor B. Vrbanovic deemed Councillor Fernandes' amendment as being out of order as it was contrary to the intent of the main motion, which was to reduce the grant to SPCKW and redistribute those funds to three initiatives listed under Paragraph 2 of Clause 7. He indicated Council could consider the proposed funding reduction to SPCKW separately and if it were to fail, than an alternative funding proposal could be brought forward for consideration. Councillor Fernandes agreed to withdraw her amendment. In accordance with Councillor Janecki's previously declared pecuniary interest, the 2016 Tier 1 Community Grant for the Kitchener - Waterloo Community Orchestra Association was voted on and was Carried. The 2016 Tier 1 Community Grant allocation to SPCKW was then voted on and was Carried on a recorded vote with Mayor B. Vrbanovic and Councillors K. Gal loway-Sea lock, P. Singh, B. loannidis, S. Davey, F. Etherington, and D. Schnider voting in favour; and, Councillors J. Gazzola, S. Marsh, Z. Janecki and Y. Fernandes voting in opposition. Councillor J. Gazzola requested that each portion of Clause 7 be voted on separately on recorded votes. A motion was brought forward by Councillor S. Marsh, seconded by Councillor Y. Fernandes, to amend Sub - section 3 of Paragraph 2 of Clause 7 of the Committee report to strike out the direction that the Festival of Neighbourhoods should offer two capital grants in 2016. Councillor Marsh's amendment was voted on and was Carried. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That Clause 7 of the Community and Infrastructure Services Committee report, be adopted, as amended." Paragraph 1 - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, P. Singh, D. Schnider, F. Etherington, Z. Janecki and J. Gazzola. Contra: Councillor Y. Fernandes. COUNCIL MINUTES DECEMBER 14, 2015 -243- CITY OF KITCHENER Paragraph 2, Sub - section 1 - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, P. Singh, D. Schnider, F. Etherington, Z. Janecki and Y. Fernandes. Contra: Councillor J. Gazzola. Paragraph 2, Sub - section 2 - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, P. Singh, D. Schnider, F. Etherington and J. Gazzola. Contra: Councillors Z. Janecki and Y. Fernandes. Paragraph 2, Sub - section 3, as amended - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, P. Singh, D. Schnider, F. Etherington, Z. Janecki and Y. Fernandes. Contra: Councillor J. Gazzola. Paragraph 3, Sub - section 1 - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, P. Singh, D. Schnider, F. Etherington and J. Gazzola. Contra: Councillors Z. Janecki and Y. Fernandes. Paragraph 3, Sub - section 2 - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, P. Singh, D. Schnider, F. Etherington and Z. Janecki. Contra: Councillors J. Gazzola and Y. Fernandes. Paragraph 3, Sub - section 3 - Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, P. Singh, D. Schnider, F. Etherington, Z. Janecki and J. Gazzola. Contra: Councillor Y. Fernandes. COUNCIL MINUTES DECEMBER 14, 2015 -244- CITY OF KITCHENER Paragraph 4, as amended — Carried Unanimously on a recorded vote. Creative Enterprise Initiative (CEI) Mr. J. Willmer, Chief Administrative Officer, provided clarification regarding the 2016 funding allocation proposed for the Creative Enterprise Initiative (CEI), as listed under Clause 3 of the Finance and Corporate Services Committee report. He advised previously CEI received approximately $80,000 490,000 annually from the City of Kitchener derived from two funding sources. He stated the first was $44,000, of `Arts Sustainability' funding, which is now being recommended for reallocation to emerging small or mid -sized arts organizations through the 2016 Tier 2 Community Grant process. He added the remainder was an operating grant in the amount of $46,805, which came from the Economic Development Division budget and not an arts and culture fund. He indicated the City of Waterloo also provided funding to CEI from two funding sources. He added Waterloo recently agreed to continue the operating grant in 2016 and similarly reallocated the approximately $12,000 of `Arts Sustainability' funding. Ms. Terre Chartrand and Ms. Janice Lee as well as Messrs. Gordon Hatt, Duncan Finnigan, Robert Linsley and Martin de Groot addressed Council in opposition to the City continuing to provide funding support to CEI. They spoke to the difficulties faced by local arts groups; such as, the availability of adequate space and funding. The delegations expressed a preference for the operating grant to CEI to be re- allocated directly toward local artists. Mr. Roger Farwell, CEI, spoke in support of Clause 3 of the Finance and Corporate Services Committee report. He acknowledged one of the short falls of the CEI funding model was that 94% of the dollar per capita funding went to five major arts organizations, which left only 6% to be invested in other arts groups. He noted this added a level of difficultly in attempting to leverage funding from the private sector. He stated the two initiatives proposed to be completed by CEI in 2016 were identified as community priorities during the strategic review of the organization's mandate. Responding to questions, Mr. R. Regier, Executive Director — Economic Development, agreed to report back as to the possible utilization of a portion of the main floor of 44 Gaukel Street and / or a potential partnership with the Conrad Centre to assist with the provision of space for local arts groups. On motion by Councillor S. Davey, seconded by Councillor S. Marsh, Clause 3 of the Finance and Corporate Services Committee report was brought forward for consideration. An amendment was brought forward by Councillor F. Etherington, seconded by Councillor P. Singh, to reduce the 2016 operating grant to CEI from $46,805 to $16,805, with a one -time allocation of $30,000 to the 2016 Tier 2 Community Grant budget. Councillor Etherington's amendment was voted on and was LOST on a recorded vote, with Councillors D. Schnider, F. Etherington, S. Davey and P. Singh voting in favour; and, Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, J. Gazzola, B. Ioannidis, Y. Fernandes and Z. Janecki voting in opposition. An amendment was brought forward by Councillor P. Singh, seconded by Councillor F. Etherington to reduce the 2016 operating grant to CEI from $46,805 to $30,000, with a one -time allocation of $16,805 to the 2016 Tier 2 Community Grant budget. Councillor Singh's amendment was voted on and was LOST on a recorded vote, with Councillors D. Schnider, F. Etherington, S. Davey and P. Singh voting in favour; and, Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, J. Gazzola, B. Ioannidis, Y. Fernandes and Z. Janecki voting in opposition. Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That Clause 3 of the Finance and Corporate Services Committee report, be adopted." A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. COUNCIL MINUTES DECEMBER 14, 2015 -245- CITY OF KITCHENER Davey, B. loannidis, P. Singh, Y. Fernandes and J. Gazzola. Contra: Councillors D. Schnider, F. Etherington and Z. Janecki. Carried. 8.a. Heritage Best Practices Ms. Kae Elgie, Architectural Conservancy of Ontario - North Waterloo Branch, addressed Council in support of the recommended heritage best practices outlined in Appendix `A' of Community Services Department report CSD -15 -091; listed under Item 8.a. Unfinished Business. She encouraged Council to approve the staff recommendation as well as pursuing the designation of City -owned heritage buildings under Part IV of the Ontario Heritage Act; such as, the Rockway Centre and 48 Ontario Street North (former Legion building). In response to questions, Mr. R. Regier, advised that Economic Development staff is currently in discussions regarding a potential adaptive reuse of 48 Ontario Street North. He indicated staff anticipates providing additional information to Council on this matter in early 2016. Mr. James Howe was in attendance and spoke in support of the recommendation contained in Report CSD -15 -091. He suggested that to avoid a possible scenario of demolition by neglect, the City should move forward with implementing measures to protect 48 Ontario Street North. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda." Carried Unanimously. Responding to questions, Mr. L. Bensason, Coordinator — Cultural Heritage Planning, agreed to circulate to Council information provided by the Ministry of Tourism, Culture and Sports comparing the number of heritage designations per capita for various municipalities across Ontario. Additionally, he agreed to provide information comparing the number of designated properties in the City of Kitchener to other local area municipalities. On motion by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, the recommendation contained in Report CSD -15 -091 was brought forward for consideration. A motion was brought forward by Councillor B. loannidis, seconded by Councillor P. Singh, to defer consideration of this matter to May / June 2016 to allow time for staff to conduct wide - spread public consultation on the proposed heritage best practices. Councillor loannidis' deferral motion was voted on and was LOST on a recorded vote, with Councillors B. loannidis, S. Davey and P. Singh voting in favour; and, Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, J. Gazzola, D. Schnider, F. Etherington, Y. Fernandes and Z. Janecki voting in opposition. Councillor S. Davey requested that Item 1 (Drafting Built Heritage Emergency Management Protocol and a Listing of Pre - Qualified Professional Engineers) on Appendix `A' of Report CSD -15 -091 be voted on separately. Item 1 of Appendix `A' was then voted on and was Carried Unanimously on a recorded vote Councillor S. Davey left the meeting at this time. COUNCIL MINUTES DECEMBER 14, 2015 -246- CITY OF KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That staff be directed to undertake the recommended actions identified in the heritage best practices summary table, as outlined in Appendix `A' of Community Services Department report CSD -15 -091, and provide Heritage Kitchener with a progress report by December 31, 2016." Balance Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, Z. Janecki, D. Schnider, F. Etherington, Y. Fernandes and J. Gazzola. Contra: Councillors B. loannidis and P. Singh. Absent: Councillor S. Davey. FCS -15 -176 — Tender T15 -092 — Liquid Snow and Ice Control Councillor S. Davey re- entered the meeting at this time. Mr. Jonathan Swanson, Thawz Inc., addressed Council with regards to Tender T15 -092 (Liquid Snow & Ice Control), which is listed as Item B.1.iv. on the Committee of the Whole agenda. He advised Thawz Inc. submitted a bid that was approximately $12,000 lower than the one submitted by the company who is recommended to be awarded the tender. He acknowledged that Thawz Inc.'s product is a granular material, which could be added to liquid for use in the City's snow and ice machines. Despite the fact that it did not meet the specifications for the tender, he requested that consideration be given to awarding it to his company. Mr. D. Chapman, Deputy CAO — Finance and Corporate Services, advised the tender commits the City for one year, during which time staff intends to trial the Thawz Inc. product. He noted if the results of the trial are positive, the City could re- tender this matter again next year. A motion was put forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, to award the subject tender to Thawz Inc. Mayor B. Vrbanovic suggested that it might be beneficial for Council to resolve in- camera to seek the advice of the City Solicitor regarding the potential implications of awarding the tender to Thawz Inc. Moved by Councillor S. Davey Seconded by Councillor Y. Fernandes "That an in- camera meeting of City Council be held immediately to consider a matter subject to solicitor - client privilege." Carried. The Council meeting then recessed at 11:26 p.m. and reconvened at 11:29 p.m., chaired by Mayor B. Vrbanovic with all members present. Councillor Y. Fernandes agreed to withdraw her motion. Mayor B. Vrbanovic requested that staff provide information to Council regarding the results of trialing the Thawz Inc. product during the winter of 2016. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That Tender T15 -092 Liquid Snow and Ice Control Organic Based Performance Enhancer (OBPE), be awarded to Pollard Highway Products Ltd, Harrow, Ontario, at their tendered price COUNCIL MINUTES DECEMBER 14, 2015 -247- CITY OF KITCHENER of $88,800., plus H.S.T. of $11,544., for a total of $100,344., for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That the report of the Finance and Corporate Services Committee (meeting of December 7, 2015) be adopted." Councillor J. Gazzola requested that Clauses 2 and 4 of the Committee report be dealt with separately and that a recorded vote be held for Clause 4. Clause 2 — Carried. Clause 4 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, S. Marsh, S. Davey, B. loannidis, P. Singh, D. Schnider and F. Etherington. Contra: Councillors J. Gazzola, Z. Janecki and Y. Fernandes. Balance of report — Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That the report of the Finance and Corporate Services Committee (meeting of November 23, 2015) be adopted." Councillor S. Davey requested that Clause 1 of the Committee report be voted on separately. Clause 1 — Carried. Balance of report — Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That the report of the Finance and Corporate Services Committee (meeting of November 30, 2015) be adopted." Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That the balance of the Community and Infrastructure Services Committee report be adopted." COUNCIL MINUTES DECEMBER 14, 2015 -248- CITY OF KITCHENER In accordance with Councillor B. loannidis' previously declared pecuniary interest, Clause 2 of the Committee report was voted on separately. Councillor J. Gazzola requested that Clause 5 of the Committee report be voted on separately. Clause 2 — Carried. Clause 5 — Carried. Balance of report — Carried. M11110919 1khIkh111 a1:11:111111: 1:111i ]:i &ISa:11:111 Ift1;e3:1111111:/11ry:1:11ki 1:11:7 Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola "That the report of Heritage Kitchener (meeting of November 3, 2015) be adopted." Carried. 7. COMMITTEE REPORTS — HERITAGE KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola "That the report of Heritage Kitchener (meeting of December 1, 2015) be adopted." Carried. 8. UNFINISHED BUSINESS — 8.b. Municipal Heritage Register Listing Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That 101 Glasgow Street / 149 Strange Street be listed on the Municipal Heritage Register as a Non - Designated Property of Cultural Heritage Value or Interest; and, That the motion included in Appendix `A' to report CSD -15 -092 respecting future considerations of certain applications that might be made for 101 Glasgow Street / 149 Strange Street, be approved." Carried. 9. NEW BUSINESS — 9.a. Municipal Climate Action Moved by Councillor P. Singh Seconded by Councillor S. Marsh "WHEREAS the Province of Ontario intends to be a leader in climate action at the sub - national level by setting an aggressive greenhouse gas (GHG) reduction goals with GHGs diminished to 50% of 1990 levels by 2020 and 80% of 1990 levels by 2050; and, WHEREAS the Province has decided on a Cap and Trade Mechanism similar to California and Quebec to help change the behaviour of individuals and organizations over time with annual revenues estimated at approximately $2 billion annually when fully implemented; and, WHEREAS the Province will need to have the commitment and help of municipal governments to reach these goals in a way that creates a safer, healthier and more prosperous Ontario; and, COUNCIL MINUTES DECEMBER 14, 2015 -249- CITY OF KITCHENER WHEREAS municipalities will need predictable annual funding support to invest in infrastructure resilience; and, WHEREAS the Association of Municipalities of Ontario (AMO) and the Union of Quebec Municipalities (UQM) are collaborating on a campaign to call on the provinces and the federal government to provide resources and funding to municipalities to reduce greenhouse gases and build resilient communities; and, WHEREAS AMO and UQM are calling on the Province of Ontario to work in partnership with municipal governments: • Give municipalities adequate, stable and long -term funding resources to invest in GHGs reduction initiatives in communities such as public transit and active transportation, public and private building energy efficiency; water conservation, planning development and other programs; • Recognize municipal projects that reduce GHGs for offset credits in Cap and Trade programs; • Provide dedicated funding for climate change adaptation to help municipalities provide resilient infrastructure to keep economies and communities functioning and productive; and, • Provide tools to help facilitate and transfer knowledge regarding GHGs reduction and climate adaptation projects; THEREFORE BE IT RESOLVED that the collaboration of AMO and UQM to enhance support for municipal climate action in the provinces of Ontario and Quebec, be endorsed; and, BE IT FINALLY RESOLVED that a copy of this resolution be circulated to the Minister of the Environment and Climate Change, the Minister of Municipal Affairs and Housing, the Minister of Economic Development, Employment and Infrastructure, the Minister of Finance as well as local area MPPs." Carried. 11. BY -LAWS (FIRST READING) — Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor S. Davey "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. Being a by -law to provide for the establishing and laying out of part of Templewood Drive as a public highway in the City of Kitchener. b. Being a by -law to provide for the establishing and laying out of part of Kingsway Drive as a public highway in the City of Kitchener. C. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. d. Being a by -law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees — Committee of Adjustment. e. Being a by -law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees — Planning Matters. f. Being a by -law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. g. Being a by -law to amend Chapter 549 of the City of Kitchener Municipal Code with respect to Itinerant — Temporary Vendor, Permanent — Temporary Markets. h. Being a by -law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. COUNCIL MINUTES DECEMBER 14, 2015 -250- CITY OF KITCHENER To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. 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. k. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. Being a by -law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By -law Enforcement. M. 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. n. Being a by -law to exempt certain lots from Part Lot Control — Blocks 1 to 6 inclusive, Registered Plan 58M -371, Blocks 2 and 7 and Part Block 5, Registered Plan 58M -372 — River Ridge Street, Stillwater Street and Spring Creek Street. o. Being a by -law to exempt certain lots from Part Lot Control — Block 1, Registered Plan 58M -372 and Part Block 1, Registered Plan 58M -373 — River Ridge Street. p. Being a by -law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. q. 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 Z. Janecki as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor Z. Janecki Seconded by Councillor P. Singh "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 J. Gazzola Seconded by Councillor K. Galloway- Sealock "That the by -laws be given third reading, namely: a. Being a by -law to provide for the establishing and laying out of part of Templewood Drive as a public highway in the City of Kitchener. (By -law No. 2015 -128) COUNCIL MINUTES DECEMBER 14, 2015 -251- CITY OF KITCHENER b. Being a by -law to provide for the establishing and laying out of part of Kingsway Drive as a public highway in the City of Kitchener. (By -law No. 2015 -129) C. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By -law No. 2015 -130) d. Being a by -law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees — Committee of Adjustment. (By -law No. 2015 -131) e. Being a by -law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees — Planning Matters. (By -law No. 2015 -132) f. Being a by -law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (By -law No. 2015 -133) g. Being a by -law to amend Chapter 549 of the City of Kitchener Municipal Code with respect to Itinerant — Temporary Vendor, Permanent — Temporary Markets. (By -law No. 2015 -134) h. Being a by -law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (By -law No. 2015 -135) 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 -136) 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 -137) k. 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. 2015 -138) Being a by -law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By -law Enforcement. (By -law No. 2015 -139) M. 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. 2015 -140) COUNCIL MINUTES DECEMBER 14, 2015 -252- CITY OF KITCHENER n. Being a by -law to exempt certain lots from Part Lot Control — Blocks 1 to 6 inclusive, Registered Plan 58M -371, Blocks 2 and 7 and Part Block 5, Registered Plan 58M -372 — River Ridge Street, Stillwater Street and Spring Creek Street. (By -law No. 2015 -141) o. Being a by -law to exempt certain lots from Part Lot Control — Block 1, Registered Plan 58M -372 and Part Block 1, Registered Plan 58M -373 — River Ridge Street. (By -law No. 2015 -142) p. Being a by -law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By -law No. 2015 -143) q. A by -law to provide for a drainage works in the City of Kitchener in the Region of Waterloo. r. To confirm all actions and proceedings of the Council. (By -law No. 2015 -144) (By -law No. 2015 -145) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:54 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 14, 2015 -253- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (Meeting of November 23, 2015) That staff be directed to provide an Issue Paper for Final Budget Day outlining the impacts to the Water Utility assuming a 6.6% and 5.6% water rate increase instead of the proposed 7.6 %. That staff be directed to report and / or take appropriate action on the following matters arising from the November 23, 2015 special Finance and Corporate Services Committee meeting relative to the 2016 Operating Budget, as outlined in the chart below: - Division Topic Action Provide information as to the portion of the Regional Tax Levy total tax levy for the Region of Waterloo which is derived from the City of Kitchener. Provide the amount of capital closeouts netted Capital Closeouts against the year -end deficit for the past 5 FINANCIAL ears. PLANNING Provide the final amount for supplementary Supplementary Taxes taxes (net of write -offs) for 2015. Tax Stabilization [Paper ovide an updated version of the 2015 Issue Reserve Fund on the Tax Stabilization Reserve Fund Provide an Issue Paper outlining options on the details and logistics of the transitional funding; such as, if the total $250,000 is not required would it be transferred back to the CENTRE IN THE City. Include information on whether the SQUARE Transitional Costs transitional funding would be required for more than the current year. Issue Paper to be prepared by December 5, 2015 to enable review at the December 9, 2015 CITS Board meeting. CAO Office of the Mayor & Include Issue Paper Op -08 (Permanent Part - ADMINISTRATION Council Time Constituency Assistant) as part of the agenda package for Final Budget Day. Provide an Issue Paper on the status of the OPERATIONS Emerald Ash Borer Emerald Ash Borer (EAB) program for the 2016 Capital Budget meeting on November 30, 2015. Report back on assessed value of the City's golf courses. Provide details, does not need to be through Golf the 2016 Budget process, on the Level Playing Field agreement and possible ENTERPRISE opportunities to reduce the dividend currently paid by the Golf enterprise in light of its existing deficit. Circulate the 2015 decision to fund the Parking Transportation Demand Management (TDM) ro ram from tax supported capital program. Recirculate the background financial ENGINEERING Stormwater Utility information related to the creation of the Stormwater Utility. COUNCIL MINUTES DECEMBER 14, 2015 -254- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (Meeting of November 30, 2015) That staff be directed to report and / or take appropriate action on the following matters arising from the November 30, 2015 special Finance and Corporate Services Committee meeting relative to the 2016 Capital Budget, as outlined in the chart below: ,,Division f0p,ic � Action Provide an Issue Paper on the City's capacity Funding Options to leverage Federal funding if there was some new funding program announced as part of the next Federal Budget. Provide an updated reserve schedule for Tax Tax Stabilization Stabilization Reserve Fund (TSRF) based on FINANCIAL Reserve Fund $250,000 transfer for Centre in the Square in PLANNING 2016. Provide a reserve continuity schedule for 2015 Reserves with projected reserve balances, similar to what is outlined in Issue Paper Cap- 01 (Reserve Continuity Schedule). Capital Closeouts Provide the listing of 2015 tax supported capital closeouts. Provide project- specific details related to the Trails $750,000 allocation for the Iron Horse Trail Improvements. Provide an Issue Paper related to the possible Parks inclusion of the playground and splash pad into Phase 1 for South District Park. OPERATIONS Prepare a staff report, does not need to be Sidewalks through the 2016 budget process, providing a comprehensive review of the sidewalk repair program. Provide an Issue Paper outlining the impact of Parks/Trees redirecting $250,000 from Grand River Park to the tree planting program to support the tree canopy. Provide a schedule of the existing capital WATER Capital Balances balances for the Water Utility, as of November 30, 2015. Report back to Council if the Region of Waterloo agrees to fund the Sidewalk replacement on Ottawa Street from Highway 7 to Lackner Boulevard, which has a budget of ENGINEERING Sidewalks $200,000. Additionally, provide an update on discussions regarding Regional funding for sidewalk maintenance and replacement on Regional Roads. TRANSPORTATION Provide information in 2017 regarding the SERVICES Transportation potential increase of Community Led Traffic Calming funding. COUNCIL MINUTES DECEMBER 14, 2015 -255- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (Meeting of December 7, 2015) 1. That the feedback letter on the Ontario Culture Strategy discussion paper, as outlined in Appendix `1' of Chief Administrator's Office report CAO -15 -041, be approved for submission to Mr. Kevin Finnerty, Assistant Deputy Minister, Ministry of Tourism, Culture and Sport. 2. That $90,000. in annual funding for the Waterloo Regional Tourism Marketing Corporation, be approved, for 2016 -2020 from the Economic Development operating budget for five additional years to continue this region -wide shared services approach for Tourism, as outlined in Chief Administrator's Office report CAO -15 -040. 3. That $44,000. of the former `Arts Sustainability' funding for emerging small or mid -sized organizations, be allocated through the 2016 Tier 2 Grant process, subject to consideration during the 2016 Budget deliberations; and, That a 2016 Operating Grant, in the amount of $46,805., be allocated to Creative Enterprise Initiative (CEI) as a final year of funding from the City of Kitchener, subject to consideration during the 2016 Budget deliberations and as per the conditions outlined in Option `A' of Chief Administrator's Office report CAO -15 -038; and further, That the Waterloo Region Small Business Centre be directed to explore the possibility of providing grant writing assistance for arts organizations as a potential fit for their services. (Dealt with under Delegations and Carried) That $500,000. be allocated from the Kitchener Economic Development Reserve Fund in support of the expansion of the University of Waterloo Velocity commercialization programs in Downtown Kitchener, bringing together the commercialization facilities of Velocity Garage, Foundry and Science in The Tannery, 151 Charles Street West, Innovation District, Kitchener, as outlined in Chief Administrator's Office report CAO -15 -042. That pursuant to Section 283 of the Ontario Municipal Act, 2001 (the Act), one -third of the remuneration paid to the elected members of Kitchener City Council continue as expenses incident to the discharge of their duties as members of the Council, as outlined in Finance and Corporate Services Department report FCS -15 -005. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That an existing six month full -time position be combined with an existing part -time position to create a new full -time Cemetarian position, as outlined in Community Services Department report CSD -15 -055. 2. That Zone Change Application ZC15/016/H/BB (1402, 1424 & 1430 Highland Road West) for the purpose of removing Holding Provision 7HSR from the lands specified on the attached Map No.1, in the form shown in the "Proposed By -law" dated October 15, 2015, attached as Appendix `A' to Community Services Department report CSD -15 -084, be approved. 3. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Grandlinq Contractors for snow maintenance services for the 2015 -2016 season; and further, That amendments to said agreement, subject to the satisfaction of the City Solicitor, may be made by the Manager of Operations, for the purpose of increasing or reducing roadway sections, as outlined in Infrastructure Services Department report INS -15 -099. 4. That the existing City of Kitchener Development Manual be updated to reflect appropriate measures and criteria for the implementation of Traffic Calming in New Subdivisions, as outlined in Appendix `A' of Infrastructure Services Department report INS -15 -101. COUNCIL MINUTES DECEMBER 14, 2015 -256- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL OMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) That the City continue to support the Active and Safe Routes to School Committee in coordinating School Travel Planning regionally, as outlined in Infrastructure Services Department report INS -15 -097; and, That School Travel Planning be initiated at the local level at participating schools within the City; and, That the Director of Transportation Services be directed to prepare an Issue Paper on the ability to allocate 0.4 full -time equivalent (FTEs) toward the implementation and management of School Travel Planning for consideration as part of the 2016 Budget deliberations, as well as contacting the Waterloo Region District School Board and Waterloo Region Catholic School Board to request them to participate as a funding partner for the proposed 0.4 FTE; and further, That staff be directed to prepare a letter from the Office of the Mayor and Council to the Ministries of Health, Education and Transportation advocating for resources or assistance for local municipalities or school boards in managing ongoing issues related to school zone traffic and parking. That the sidewalk snow clearing by -law enforcement improvements, be endorsed, as outlined in Community Services Department report CSD -15 -089. That, subject to final budget approval, as outlined in Community Services Department report CSD -15 -088, the 2016 grants budget be allocated as follows: $1,667,290. Community Grants Tier 1, Community Groups as outlined in Appendix `A' of Report CSD -15 -088 ; $208,280. Community Grants Tier 1, Minor Sports Groups as outlined in Appendix `B' of Report CSD -15 -088 ; $112,509. Community Grants Tier 2; $7,861. In Kind Facility Grants and Travel Assistance Grants; and, That, subject to approval of Community Grants Tier 1, as outlined in Appendix `A' of Report CSD -15 -088, additional grant funding be allocated in 2016 as follows: $10,473. - Increase to Kitchener's Festival of Neighbourhoods Tier 1 grant to support community outreach /promotional activities to grow the number of neighbourhoods that participate in the festival; 2. $12,306. - Increase to the Kitchener Blues Community Inc. grant; 3. Reallocate $9,000. from Tier 1 grant funding to increase the Festival of Neighbourhoods capital grant; and, That subject to the approval of Community Grants Tier 1, additional grant funding be allocated in 2017, as follows: 1. $11,779. - Increase to the Kitchener Blues Community Inc. Tier 1 grant; 2. Reallocate $10,000 from Tier 1 grant funding to increase the Festival of Neighbourhoods capital grant and offer 2 capital grants of $20,000. each to neighbourhood groups as part of the ongoing festival; and, 3. Reallocate $10,000. from Tier 1 grant funding to increase the City's Leisure Access Card program to fund the growth of this important program; and further, That the Tier 1 Community Grant base budget to MT Spaces be increased by $10,000 effective for 2016, with this funding being derived through a reduction to the Tier 2 Community Grant budget allocation. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) COUNCIL MINUTES DECEMBER 14, 2015 -257- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — That the following streets for sidewalk infill be approved as outlined in Infrastructure Services Department report INS -15 -098, as per the Sidewalk Infill Policy attached to Report INS -15 -051 approved by Council June 1, 2015: • Cherry Street; • Duchess Avenue; • Pleasant Avenue; • Glen Road; • Guelph Street; • Brunswick Avenue; and, That an exemption to the Sidewalk Infill Policy be approved for Dane Street, with sidewalk being installed on one side of the roadway only between Crescent Street and Borden Avenue, as part of the upcoming 2016 reconstruction; and further, That an exemption to the Sidewalk Infill Policy be approved for Marina Road, with sidewalk being installed on the east side of the roadway only between Duchess Avenue and Glasgow Street, as part of the upcoming 2016 reconstruction. (Dealt with under Delegations and Carried) HERITAGE KITCHENER - (Meeting of November 3, 2015) That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2015 -V -021, be approved to permit the alteration of the front and side fapades, demolition of the rear addition and construction of a new rear addition, at the property municipally addressed as 71 Ahrens Street West, in accordance with the supporting information submitted with the application, as outlined in Community Services Department report CSD -15 -087, 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. HERITAGE KITCHENER — (Meeting of December 1, 2015) That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property known as 1683 Huron Road, more specifically described as Parts 14, 15 and 16 of Reference Plan 58R- 18300, and Parts 13 and 19 of Reference Plan 58R- 18664, as being of cultural heritage value or interest, as outlined in Community Services Department report CSD -15 -086. Pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2015 -V- 022, be approved to permit installation of balcony railings; conversion of a window into a door; and installation of bathroom exhaust vents on the property municipally addressed as 48 Weber Street West, in accordance with the plans and supplementary information submitted with the application, as outlined in Community Services Department report CSD -15 -090, and subject to the following condition: 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 DECEMBER 14, 2015 -258- 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 Note: Tender T15 -092 — Liquid Snow & Ice Control was dealt with under Delegations It was resolved: "That Tender T15 -085 Safety Supplies, be awarded to Weber Supply Company Inc., Kitchener, Ontario, at their tendered price of $69,882.51, plus H.S.T. of $9,084.73, for a total of $78,967.24, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." -and - "That Tender T15 -083 Golf Carts, be awarded to Club Car, Cambridge, Ontario, at their tendered price of $148,880., plus H.S.T. of $19,354.40, for a total of $168,234.40." -and - "That Expression of Interest E15 -088 Consultant Services — Residential Intensification in Established Neighbourhoods Study, be awarded to Meridian Planning, Vaughan, Ontario, at their estimated fee of $65,425.50, including contingencies of $3,115.50 plus H.S.T. of $8,505.32, for a total of $73,930.82, based on a satisfactory contract being negotiated and an upset fee being established." Ali eE "That Expression of Interest E15 -089 Consultant Services — Sportsfield and Park Development — Upper Canada Park, be awarded to Stantec, Kitchener, Ontario, at their estimated fee of $185,085.40, including contingencies of $16,825.95, plus H.S.T. of $24,061.10, for a total of $209,146.50, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T15 -024 Door, Dock & Accessory Equipment Maintenance & Repair Service, be awarded as follows for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms: Waterloo Garage Door Incorporated, Waterloo, Ontario, at their tendered price for preventive maintenance work of $5,914., plus H.S.T. of $768.82, for a total of $6,682.82, and; • Overhead Door Company of K -W Limited, Kitchener, Ontario, at their tendered price for repair work of $28,260., plus H.S.T. of $3,673.80, for a total of $31,933.80." -and - "That Tender T15 -097 Supply of Work Wear Clothing, be awarded to Imagewear, a division of Mark's Work Wearhouse, Kitchener, Ontario, at their adjusted tendered price of $126,735.93, plus H.S.T. of $16,475.67, for a total of $143,211.60 with an option to renew for four (4) additional twelve (12) month terms." COUNCIL MINUTES DECEMBER 14, 2015 -259- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 2. FCS -15 -173 — Dangerous Dog and Potentially Dangerous Dog Designations — Appeal — DeLaat Council considered Finance and Corporate Services Department report FCS -15 -173 (D. Livingstone), dated November 16, 2015. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Courtney DeLaat, wherein the Committee confirms the Dangerous Dog Designation assigned to `Sampson' and the Potentially Dangerous Dog Designation assigned to `Mila' by the Kitchener - Waterloo and North Waterloo Humane Society, be ratified and confirmed." 3. FCS -15 -174 — Potentially Dangerous Dog Designation — Appeal - Popescu Council considered Finance and Corporate Services Department report FCS -15 -174 (D Livingstone), dated November 13, 2015. Mayor B. Vrbanovic indicated that Mr. Liviu Popescu had registered to address Council as a delegation regarding this matter, but was no longer in attendance at the meeting. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Lucia Popescu, wherein the Committee confirms the Potentially Dangerous Dog Designation applied to her dog `Oli' by the Kitchener - Waterloo and North Waterloo Humane Society, be ratified and confirmed." 4. FCS -15 -182 — Appointments to Downtown Action & Advisory Committee Council considered Finance and Corporate Services Department report FCS -15 -182 (C. Tarling), dated December 8, 2015. It was resolved: "That Craig Beattie and Frank Voisin be appointed to the Downtown Action and Advisory Committee as "Downtown Building Owner or Developer" sector representatives to fill existing vacancies for the 2014 -2016 term." 5. FCS -15 -183 — Encroachment Agreement — Awning — 150 King Street West Council considered Finance and Corporate Services Department report FCS -15 -183 (E. Mogck), dated December 9, 2015. It was resolved: "Subject to staff approval, 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 150 King Street West to authorize the installation an awning which will project 1.5 feet, more or less, over the City of Kitchener's King Street West road allowance." COUNCIL MINUTES DECEMBER 14, 2015 -260- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 6. FCS -15 -184 - Municipal Consent Plan Review Fee Council considered Finance and Corporate Services Department report FCS -15 -184 (R. Hagey), dated December 10, 2015. It was resolved: "That the 2016 user fee for Municipal Consent Plan Review be increased from $290 to $588.56 per review application."