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HomeMy WebLinkAboutCouncil - 2016-01-25COUNCIL MINUTES JANUARY 25, 2016 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT — The meeting began with the singing of "0 Canada ". 2. MINUTES — On motion by Councillor Y. Fernandes, the minutes of the regular meeting held December 14, 2015 and special meetings held December 14, 2015 and January 12, 2016, 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. Email dated January 20, 2016 from the Federation of Canadian Municipalities acknowledging receipt of Council's resolution regarding the Syrian Refugee Crisis. 5. PRESENTATIONS — 5.a. Mayor's City Builder Awards Mayor B. Vrbanovic presented the inaugural Kitchener Mayor's City Builder Award to the following individuals and group who have demonstrated a commitment to making the City and community a better place today and in the future: • Fred Bishop (posthumously); • Patrick Doherty (posthumously); • Mike Farwell; • Joseph Fung; • Jean Markovich; • Julia Spencer; and, • The Lions Club of Kitchener. 5.b. `Curb the Salt' Campaign Ms. Leanne Lobe, Supervisor - Source Water Protection Programs, Region of Waterloo, presented an overview of the Region's "Curb the Salt" campaign. She highlighted the impact of salt on drinking water sources and outlined the following six measures residents could take to improve winter safety with less salt: 1. Prevent ice; 2. Shovel sooner than later; 3. Use salt wisely; 4. Use salt alternatives; 5. Wear winter boots; and, 6. Put snow tires on their cars. 6. DELEGATIONS — 6.a. Draft Plan of Condominium — 460 Belmont Ave. Inc. Mayor B. Vrbanovic advised this is a formal public meeting to consider an application under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Municipal Board and may not be added as a party to a hearing of an appeal before the Ontario Municipal Board. COUNCIL MINUTES JANUARY 25, 2016 -12- CITY OF KITCHENER Mr. Dan Currie, MHBC Planning, attended in support of the draft Plan of Condominium for 460 Belmont Avenue West, as outlined in Community Services Department report CSD -16 -001, listed as Item B.6 on the Committee of the Whole agenda. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By -law 2002 -164 of the City of Kitchener, as amended, hereby grants draft approval to Condominium Application 30CDM -15209 for 460 Belmont Ave West in the City of Kitchener, subject to the conditions shown in Appendix "A" of Community Services Department report CSD -16- 001." Carried. 6.b. Stop Sign Installation — Church / Cedar Streets Messrs. Jake Laur and Forrest LeBlanc addressed Council to request the installation of an all -way stop at the intersection of Church Street and Cedar Street South. Mr. Laur indicated the steep incline of Cedar Street South as it approaches Church Street can create visibility issues for drivers. Compounding those issues are the relatively high number of pedestrians who traverse this intersection to get to and from the area schools. It was noted that over a year ago there was a collision at this location where a vehicle struck a small child. The delegations suggested an all -way stop could potentially reduce speeding and assist in mitigating the pedestrian safety concerns. At the request of Councillor J. Gazzola, Mr. Laur agreed to submit a copy of his proposed PowerPoint presentation to staff for circulation to members of Council. In response to questions, Mr. J. Readman, Executive Director — Infrastructure Services, confirmed an all -way stop warrant was calculated for this location based on a traffic study conducted on June 11, 2014; and, at that time, it was determined the subject intersection did not meet the conditions for an all -way stop. He indicated on January 7, 2016, Transportation Services staff met with the delegation and reviewed some of the safety concerns associated with placing an all -way stop at this location, which include: vehicles having difficulty stopping on the steep downslope causing control issues in winter conditions; safely moving upgrade year -round could be a challenge for vehicles; and, reduced sightlines of traffic coming over the crest of the hill. He added given the number of pedestrians utilizing this location there may be an opportunity to apply the new pedestrian crossover legislation, which would not create an all -way stop, but would provide a right of way for pedestrians. He acknowledged that staff could examine an assortment of options to address this matter. A motion was brought forward by Councillor F. Etherington, seconded by Councillor K. Galloway - Sealock, directing staff to report back on all possible options, including the potential installation of an all -way stop and / or warning signs, to address pedestrian safety issues at the subject intersection. Mayor Vrbanovic suggested staff should also consult with the area's neighbourhood association when conducting their investigation. Responding to questions, Councillor F. Etherington agreed that as the Ward Councillor, he would follow -up with the delegation to ensure they are informed of the outcome of staff's investigation. Moved by Councillor F. Etherington Seconded by Councillor K. Galloway- Sealock "That Transportation Services staff be directed to provide a report examining all possible options, including the potential installation of an all -way stop and /or warning signs, to address pedestrian safety issues at the intersection of Church Street and Cedar Street South." Carried. 6.c. 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. COUNCIL MINUTES JANUARY 25, 2016 -13- CITY OF KITCHENER Councillor P. Singh declared a pecuniary interest regarding Expression of Interest E15 -100 (Consultant Services - Planning Around Rapid Transit Stations (PARTS) Station Area Plans - Midtown and Rockway) listed on the Committee of the Whole agenda as Item B.1.v., as he and members of his family own property in the vicinity of the subject work; accordingly, he did not take part in any discussion or voting regarding that matter. In reference to Tender T15 -095 (Natural Gas & Water Infrastructure Locate Service), listed as Item B.1.i., on the Committee of the Whole agenda, Councillor J. Gazzola requested additional information be provided as to whether the costs incurred for the locates associated with the Regional Light Rail Transit (LRT) project could be charged back to the Region of Waterloo. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, to refer consideration of awarding the $48,600 advisory and planning services component of Expression of Interest E15 -068, listed as Item B.1.vi., on the Committee of the Whole agenda, to a future Finance and Corporate Services Committee meeting to allow time to consider if the subject work could be undertaken by City staff. Councillor Fernandes' motion was voted on and LOST by a recorded vote with Councillors Z. Janecki, J. Gazzola and Y. Fernandes voting in favour; and, Mayor B. Vrbanovic and Councillors B. loannidis, D. Schnider, P. Singh, S. Davey, K. Galloway - Sealock, S. Marsh and F. Etherington voting in opposition. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That Expression of Interest E15 -100 Consultant Services — Planning Around Rapid Transit Stations (PARTS) Station Area Plans — Midtown and Rockway, be awarded to Urban Strategies Inc., Toronto, Ontario, at their estimated fee of $241,948. including contingencies of $21,995 plus H.S.T. of $31,453, for a total of $273,401, based on a satisfactory contract being negotiated and an upset fee being established." Carried. Pecuniary Interest & Abstention: Councillor P. Singh as he and his family own property in the vicinity of the subject work. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That Tender T15 -095 Natural Gas & Water Infrastructure Locate Service, be awarded to G- Tel Engineering, London, Ontario, at their tendered price of $678,998., plus H.S.T. of $88,269.74, for a total of $767,267.74, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." 951ii eE "That Tender T15 -098 Fairfield Avenue (Ridgewood Avenue to Edwin Street) Road Reconstruction, be awarded to Terracon Underground, Brantford, Ontario, at their tendered price of $1,038,315.94, including provisional items and contingencies of $77,566.80, plus H.S.T. of $134,981.07, for a total of $1,173,297.01." PF.Tii"! "That Quotation Q15 -090 Roof Rehabilitation Fire Hall #6, be awarded to Flynn Canada Limited, Cambridge, Ontario at their quoted price of $130,000., plus H.S.T. of $16,900., for a total of $146,900." -and - "That the City of Kitchener's portion of the Waterloo Region District School Board Cooperative Tender 6675 -RW -15 — Fine Paper, be awarded to Spicers Canada ULC, Kitchener, Ontario, at COUNCIL MINUTES JANUARY 25, 2016 -14- CITY OF KITCHENER their tendered unit prices for a three (3) year period, with an option to renew for two (2) additional twelve (12) month periods." -and - "That Expression of Interest E15 -068 Consultant Services — Advisory Services for the Procurement and Management of Natural Gas Supply, be awarded to Aegent Energy Advisors Inc., Toronto, Ontario, at their estimated fee of $140,400., plus H.S.T. of $18,252., for operating and settlement services, and Blackstone Energy Services, Toronto, Ontario, at their estimated fee of $48,600., plus H.S.T. of $6,308., for advisory and planning services, for an annual combined total of $213,560., for a three (3) year term, with two (2) additional one (1) year renewal terms based on satisfactory contract being negotiated." -and - "That Tender T15 -093 Emergency Generator Service and Maintenance, be awarded to Albert's Generator Service Inc., West Lorne, Ontario, at their tendered price of $76,330. plus H.S.T. of $9,922.90, for a total of $86,252.90, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." Carried. 7. COMMITTEE REPORTS — AUDIT COMMITTEE Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That the report of the Audit Committee be adopted, as amended in accordance with the revisions put forward in the correspondence from Ms. C. Tasker, Internal Auditor, dated December 22, 2015." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a. Open Air Burning Councillor Z. Janecki gave notice that he would introduce a motion for consideration this date to direct staff to review Municipal Code Chapter 711 (Open Air Burning) with input from the general public, as well as an examination of the number of complaints received, enforcement actions and fines levied; and, report back by May 2, 2016. In response to questions, Mr. M. May, Deputy CAO — Community Services, advised the number of complaints received on this issue over the past year is below the five year average. He stated the capacity of staff in the subject work areas is limited with respect to taking on new tasks; accordingly, consideration would need to be given to removing items from the Business Plan to facilitate a review of the Open Air Burning By -law. He added that Fire Services and Enforcement staff are of the opinion the existing By -law is effective and estimated that following the review staff would recommend no changes be enacted. Councillor Y. Fernandes suggested the proposed review could be deferred to spring 2017, which would allow time for this matter to be added as a priority item on next year's Business Plan. Mr. J. Willmer, Chief Administrator, advised new priorities could be proposed to be added to the Business Plan through the update process, which takes place annually in December. Mayor B. Vrbanovic confirmed if Councillor Janecki's motion were to fail, a motion to reconsider would be required to bring this matter forward again during the current term of Council. Responding to further questions, Mr. May acknowledged staff would be amenable to circulating information to Council, via email, regarding the number of complaints received to -date, actions undertaken by By -law Enforcement staff and the fines that have been levied. COUNCIL MINUTES JANUARY 25, 2016 -15- CITY OF KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "WHEREAS on March 4, 2013, amendments were approved to Municipal Code Chapter 711 (Open Air Burning) to enact restrictions on backyard fires pertaining to permitted hours for recreational fires, setbacks from abutting properties, as well as various administrative and enforcement guidelines; and, WHEREAS complaints continue to be received during the spring, summer and fall season regarding the smoke and odours from these backyard fires since the passage of the subject amendments; and, WHEREAS a number of residents have health concerns affecting their breathing as a result of the toxic fumes that are emitted from certain materials used in backyard fires; and, WHEREAS the Region of Waterloo Public Health Department has advocated that the toxic effects from these backyard fires may be harmful to one's health; THEREFORE BE IT RESOLVED that staff be directed to review the issue of backyard fires with input from the general public, which should include an examination of the number of complaints received, enforcement actions and fines levied; and, BE IT FINALLY RESOLVED that staff report back with the results of the subject review at the May 2, 2016 Community and Infrastructure Services Committee meeting." LOST on a recorded vote. In Favour: Councillors J. Gazzola, Y. Fernandes and Z. Janecki. Contra: Mayor B. Vrbanovic and Councillors B. loannidis, D. Schnider, F. Etherington, K. Galloway - Sealock, P. Singh, S. Marsh and S. Davey. 10. QUESTIONS AND ANSWERS — In response to questions, Mr. J. Readman, Executive Director — Infrastructure Services, agreed to have the City's LRT Liaison dialogue with the Region of Waterloo on the possibility of installing signage to assist businesses along Courtland Avenue that are being adversely impacted by LRT construction. In addition, Mayor Vrbanovic agreed to also discuss the impact of LRT construction along Courtland Avenue with Regional staff and ensure information has been posted on the Region's website to assist those businesses. At the request of Councillor Janecki, Mr. Readman agreed to follow -up via email, as to the ability of businesses to charge for parking when the provision of parking spaces is a zoning requirement. Responding to questions, Mr. May agreed to further discuss with Councillor Janecki the City's ability to address the Waterloo Region Record's change to its newspaper flyer delivery standards. 11. BY -LAWS (FIRST READING) — Moved by Councillor B. loannidis Seconded by Councillor S. Davey "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. COUNCIL MINUTES JANUARY 25, 2016 -16- CITY OF KITCHENER b. To further amend By -law No 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. d. To further amend By -law No. 88 -169, being a by -law to regulate, supervise and govern the parking of vehicles on municipal off - street parking facilities. e. To further amend By -law No. 88 -169, being a by -law to regulate, supervise and govern the parking of vehicles on municipal off - street parking facilities. f. Being a by -law to exempt certain lots from Part Lot Control — Part Block 5, Registered Plan 58M -372 — River Ridge Street. g. Being a by -law to exempt certain lots from Part Lot Control — Lot 4, Registered Plan 937 — 152 -154 Rosemount Drive. h. Being a by -law to provide for a 2016 Interim Tax Levy and for the payment of 2016 Interim Taxes. Being a by -law to authorize borrowing for current expenditures in 2016. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Savic Homes Ltd. — 1402, 1424 and 1430 Highland Road West. k. 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 Y. Fernandes as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. 14. BY -LAWS (THIRD READING) - Moved by Councillor B. loannidis Seconded by Councillor S. Davey "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. 2016 -003) COUNCIL MINUTES JANUARY 25, 2016 -17- CITY OF KITCHENER 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. 2016 -004) C. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. (By -law No. 2016 -005) d. To further amend By -law No. 88 -169, being a by -law to regulate, supervise and govern the parking of vehicles on municipal off - street parking facilities. (By -law No. 2016 -006) e. To further amend By -law No. 88 -169, being a by -law to regulate, supervise and govern the parking of vehicles on municipal off - street parking facilities. (By -law No. 2016 -007) f. Being a by -law to exempt certain lots from Part Lot Control — Part Block 5, Registered Plan 58M -372 — River Ridge Street. (By -law No. 2016 -008) g. Being a by -law to exempt certain lots from Part Lot Control — Lot 4, Registered Plan 937 —152 -154 Rosemount Drive. (By -law No. 2016 -009) h. Being a by -law to provide for a 2016 Interim Tax Levy and for the payment of 2016 Interim Taxes. (By -law No. 2016 -010) Being a by -law to authorize borrowing for current expenditures in 2016. (By -law No. 2016 -011) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Savic Homes Ltd. — 1402, 1424 and 1430 Highland Road West. (By -law No. 2016 -012) k. To confirm all actions and proceedings of the Council. (By -law No. 2016 - 013)." Carried. On motion, the meeting adjourned at 9:52 p.m. ....................... .. .... .... _/ MAYOR CLERK COUNCIL MINUTES JANUARY 25, 2016 -18- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL AUDIT COMMITTEE — That the 2015 External Audit Planning Report prepared by KPMG, attached as Appendix `1' of Finance and Corporate Services Department report FCS -15 -153, be approved. That the 2016 Internal Audit work plan as outlined in Finance and Corporate Services Department report FCS -15 -170, be approved as revised by removing the Hiring Transparency Audit and adding an audit of the Welcome Centre. COUNCIL MINUTES JANUARY 25, 2016 -19- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by -laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — Various Tenders Dealt with under Delegations. 2. CAO -16 -001 — Waterloo Region Small Business Centre — Province of Ontario Amending Agreement Council considered Chief Administrator's Office report CAO -16 -001 (C. Farrell), dated December 15, 2015. It was resolved: "That the Mayor and Clerk be authorized to execute the amended funding agreement with the Province of Ontario, subject to the satisfaction of the City Solicitor, to deliver Starter Company, a Youth Entrepreneurship program, for an additional year, to March 31, 2017, as outlined in Chief Administrator's Office report CAO -16- 001." Councillor P. Singh left the meeting at this time. 3. CAO -16 -002 — Waterloo Region Small Business Centre — Province of Ontario Agreement re Summer Company Program Council considered Chief Administrator's Office report CAO -16 -002 (C. Farrell), dated December 15, 2015. It was resolved: "That the Mayor and Clerk be authorized to execute a 1 year agreement with the Province of Ontario, subject to the satisfaction of the City Solicitor, to deliver the Summer Company program, as outlined in Chief Administrator's Office report CAO -16- 002." 4. FCS -16 -003 — 2015 Community Environmental Improvement Grant (CEIG) Council considered Finance and Corporate Services Department report FCS -16 -003 (D. Saunderson), dated January 6, 2016. It was resolved: "That a total of $6,500.00 from the Community Environmental Improvement Grant (CIEG) capital account be awarded as follows: • $2,400. - to Crestview Public School Council for a School Garden Project; and, • $2,000. - to Rockway Public School Greening Project - Waterloo Education Foundation Inc. for a School Greening Project; and, • $1,000. - to IMPACT: Eastwood Collegiate Institute's Environmental Group for a School Greening Project.; and, • $550. - to Sustainable Youth Canada — Waterloo Region for a `What can YOUth do ?' conference; and further, COUNCIL MINUTES JANUARY 25, 2016 -20- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 4. FCS -16 -003 — 2015 Community Environmental Improvement Grant (CEIG) — (Cont'd) • $550. - to Grand River Ontario Professional Organizers in Canada for an `Organizing Your Environment for Better Living & Healthier Communities' workshop series." 5. FCS -16 -006 — Potentially Dangerous Dog Designation Appeal — Sweeney Council considered Finance and Corporate Services Department report FCS -16 -006 (D. Livingstone), dated December 30, 2015. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Tim Sweeney, wherein the Committee confirms the Potentially Dangerous Dog Designation and modifies the conditions for keeping of `Guiness' by the Kitchener - Waterloo and North Waterloo Humane Society, be ratified and confirmed." 6. CSD -16 -001 — Draft Plan of Condominium 30CDM -15209 — 460 Belmont Avenue West — 460 Belmont Ave Inc. Dealt with under Delegations. 7. CSD -16 -002 — Neighbourhood Association Affiliation 2016 Council considered Community Services Department report CSD -16 -002 (M. Hildebrand), dated December 8, 2015. It was resolved: "That the list of proposed Neighbourhood Associations, as attached to Community Services Department report CSD -16 -002, be approved for affiliation for the year 2016 and added to the City of Kitchener's third party liability insurance program." 8. INS -16 -014 — Gas Pipeline Abandonment during Winter — Ottawa Street South to Accommodate LRT Council considered Infrastructure Services Department report INS -16 -014 (W. Malcolm), dated January 20, 2016. It was resolved: "That staff be directed to proceed with abandonment of gas pipeline on Ottawa Street South between Charles Street and Mill Street before April 1, 2016, and subsequently negotiate cost sharing with the Region of Waterloo, as outlined in Infrastructure Services Department report INS -16- 014."