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HomeMy WebLinkAbout2016-11-07 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE NOVEMBER 7, 2016 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 1:19 p.m. Present: Councillor D. Schnider - Chair Mayor B. Vrbanovic, Councillors S. Davey, F. Etherington, Y. Fernandes, K. Galloway- Sealock, J. Gazzola, B. Ioannidis, Z. Janecki, S. Marsh, and P. Singh. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance and Corporate Services M. May, Deputy CAO, Community Services J. Readman, Interim Executive Director, Infrastructure Services C. Fletcher, Interim Executive Director, Infrastructure Services J. Miller, Executive Director, Office of CAO G. MacNeil, Director, By-Law Enforcement H. Gross, Director, Engineering Services K. Carmichael, Interim Director, Transportation Services J. Sheryer, Assistant City Solicitor S. Allen, Manager, Engineering Design & Approvals N. Gollan, Manager, Stormwater Utility J. Joseph, Community Engagement Consultant D. Saunderson, Committee Administrator Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by Councillor J. Gazzola to discuss Items 2 and 4, listed as Consent items, which was voted on Carried. and INS-16-077 - ON-STREET PARKING REGULATIONS - WESTFOREST TRAIL 1. The Committee considered Infrastructure Services Department report INS-16-077, dated September 9, 2016 recommending a parking prohibition at any time on the south side of Westforest Trail from Highgate Road and a point 47 meters west thereof. On motion by Councillor K. Galloway-Sealock - it was resolved: “That the Uniform Traffic By-law be amended to prohibit parking at any time on the south side of Westforest Trail from Highgate Road and a point 47 metres west thereof, as outlined in Infrastructure Services Department report INS-16-077.” INS-16-083 - ON-STREET PARKING REGULATIONS - LORNE CRESCENT 2. The Committee considered Infrastructure Services Department report INS-16-083, dated October 14, 2016 recommending a parking prohibition at any time along the inside curve (odd numbered address side) of Lorne Crescent between Stirling Avenue South and Stirling Avenue South. Mr. K. Carmichael was in attendance and responded to questions from the Committee. On motion by Councillor K. Galloway-Sealock - it was resolved: “That the Uniform Traffic By-law be amended to prohibit parking at any time along the inside curve (odd numbered address side) of Lorne Crescent between Stirling Avenue South and Stirling Avenue South, as outlined in Infrastructure Services Department report INS-16-083.” INS-16-084 - WILLIAMSBURG ROAD - TRAFFIC CALMING FOLLOW-UP REVIEW 3. The Committee considered Infrastructure Services Department report INS-16-084, dated October 12, 2016 recommending the existing three speed humps and one raised pedestrian crossing remain in place on Williamsburg Road. On motion by Councillor K. Galloway-Sealock - it was resolved: COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE NOVEMBER 7, 2016 - 43 - CITY OF KITCHENER INS-16-084 - WILLIAMSBURG ROAD - TRAFFIC CALMING FOLLOW-UP REVIEW 3. (CONT’D) “That the existing traffic calming measures (three (3) speed humps and one (1) raised pedestrian crossing) on Williamsburg Road remain in place, as outlined in Infrastructure Services Department report INS-16-084.” INS-16-079 - FOURTH AVENUE RECONSTRUCTION – ADDITIONAL SCOPE AND PO 4. EXTENSION The Committee considered Infrastructure Services Department report INS-16-079, dated October 26, 2016 recommending approval for an extension of the purchase order issued to Associated Engineering Ltd. for Engineering Consultant services related to the reconstruction of Fourth Avenue. Mr. S. Allen was in attendance and responded to questions from the Committee. On motion by Councillor K. Galloway-Sealock - it was resolved: “That an extension of the purchase order issued to Associated Engineering Ltd. for Engineering Consultant services related to the reconstruction of Fourth Avenue between Kingsway Drive and Connaught Street in the amount of $50,813.90, be approved, as outlined in Infrastructure Services Department report INS-16-079.” CSD-16-049 - RECOMMENDATIONS PERTAINING TO THE KEEPING OF CHICKENS 5. The Committee considered Community Services Department report CSD-16-049, dated October 20, 2016 recommending the enactment of a By-law to amend Chapter 408 (Animals) of the City of Kitchener’s Municipal Code pertaining to the keeping or harbouring of fowl. In addition, the Committee was in receipt this date of a written submission by Mr. G. Michalenko, Waterloo Region Food System Round Table, dated November 4, 2016 in support of urban chicken keeping, while providing some suggested changes to the requirements/regulations as outlined in the Report. Ms. G. MacNeil provided an overview of the Report and research that was undertaken by the Enforcement Division resulting with the recommendation being considered this date. She indicated staff are recommending an amendment to the By-law to permit urban chickens within the City noting the regulations/requirements being proposed are a compromise between those people in support and opposition on this matter. She further advised through their research a number of municipalities that currently permit urban chickens have indicated there was very little uptake by residents in their municipalities to keep hens. Ms. J. Brenner addressed the Committee in support of the staff recommendation to permit urban chickens within the City. She noted she is a resident of Doon and currently raises 6 hens in her yard and has had no issues raised to date since acquiring them. She indicated they are environmentally sustainable, noting they eat food waste, provide manure for her garden and provide eggs for their family’s consumption. She stated her only opposition to the recommendation as outlined in Report CSD-16-049 were with regards to the proposed fee, the inspection requirements and the number of hens recommended per household. She stated she would rather see the fee closer to $25. rather than $50. and the number of chickens permitted being 6 rather than 4. Ms. L. Reiser expressed support for the staff recommendation as outlined in the Report. She noted she has been raising chickens for approximately 7 years, indicating she currently has 6 hens that still actively lay eggs. She noted she has not had any issues with them to date advising she has several neighbours that attend her property to see/feed the birds. Ms. H. Wall addressed the Committee in support of approving an amendment to the By-law which would permit urban chicken keeping in the City. She indicated it would be her preference to see some changes to the recommended setbacks, indicating she lives in a property that has a small lot width but a significant lot depth and due to its shape she would not be permitted to have a coop in her yard. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE NOVEMBER 7, 2016 - 44 - CITY OF KITCHENER CSD-16-049 - RECOMMENDATIONS PERTAINING TO THE KEEPING OF CHICKENS 5. (CONT’D) Ms. A. Kleser circulated a petition this date with over 750 signatures in support of permitting urban chickens within the City. She addressed the Committee in support of the staff recommendation, advising she currently has hens and she has had no issues to date with her coop. In response to questions, Ms. Kleser advised that she has had no issues with other animals such as mice or rats due to keeping chickens. Mr. G. Michalenko, Waterloo Region Food System Round Table, addressed the Committee in support of the staff recommendation. He noted the City of Portland currently permits urban hens and suggested a few changes to the recommendations outlined in the report noting they allow residents to have up to 3 hens without the requirement to obtain a permit, anything beyond that number would require one. He indicated in his opinion the $50. fee is too high and should be reduced to approximately $20. Concerns were raised on whether Enforcement staff had sufficient staff resources to facilitate the proposed registration/inspection program related to permitting urban hens. Ms. MacNeil advised Enforcement staff currently operate on a reactive approach. She indicated the proposed recommendations/regulations related to chickens are also reactive, if Council wished to see a more proactive approach to urban chicken keeping that may have impacts on staffing resources depending on the number of residents requesting to keep chickens. She further advised the enforcement for urban chickens would be through Chapter 408 of the City of Kitchener municipal code, which would allow enforcement staff to lay a charge up to $5,000. if anyone was in non- compliance with the By-law. Questions were raised on whether it would be possible to include a recommendation where a property owner was not able to meet the required distance setbacks that they could still be permitted to keep chickens if they received consent from their neighbours. In response, Ms. MacNeil advised, in consultation with Legal staff, staff would be able to include that as a regulation if it was Council’s wish. Councillor S. Marsh brought forward a motion to approve the staff recommendation as outlined in Report CSD-16-049 with an amendment to the recommendation/regulation to reduce the side yard setback from 3m to 2.5m with the possibility of having smaller setbacks if the property owner is able to receive consent from their abutting neighbours; and to increase the number of chickens to allow for 6 hens where larger setbacks exist rather than the recommended 4 hens. Councillor B. Ioannidis brought forward a motion to amend Councillor Marsh’s motion to approve a pilot program to permit urban chickens in Wards 9 & 10 rather than a City wide approval; and, to include a requirement that if a resident would like to have urban hens that they would be required to obtain consent from their neighbours prior to installing a coop. Concerns were raised regarding whether Councillor Ioannidis’s amendment related to a pilot project for urban hens was germane and he agreed to withdraw that portion of his amendment pending the results of main motion. Councillor S. Marsh’s regulation amendment related to side yard setbacks was voted on and Carried wason a recorded vote, with Mayor B. Vrbanovic and Councillors J. Gazzola, D. Schnider, S. Marsh, S. Davey, K. Galloway-Sealock, Y. Fernandes, and F. Etherington voting in favour; and, Councillors B. Ioannidis, Z. Janecki and P. Singh voting in opposition. Councillor S. Marsh’s regulation amendment related to the number of chickens permitted was LOST voted on and was on a recorded vote, with Mayor B. Vrbanovic and Councillors Y. Fernandes and S. Marsh voting in favour and Councillors J. Gazzola, Z. Janecki, D. Schnider, B. Ioannidis, S. Davey and P. Singh, K. Galloway-Sealock and F. Etherington voting in opposition. Councillor B. Ioannidis’s amendment related to requiring neighbour consent was then voted on LOST and was on a recorded vote, with Councillors B. Ioannidis, S. Davey and P. Singh voting in favour and Mayor B. Vrbanovic and Councillors J. Gazzola, Z. Janecki, D. Schnider, S. Marsh, K. Galloway-Sealock, Y. Fernandes, and F. Etherington voting in opposition. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE NOVEMBER 7, 2016 - 45 - CITY OF KITCHENER CSD-16-049 - RECOMMENDATIONS PERTAINING TO THE KEEPING OF CHICKENS 5. (CONT’D) Carried The following motion was voted on and was on a recorded vote, with Mayor B. Vrbanovic and Councillors J. Gazzola, D. Schnider, S. Marsh, K. Galloway-Sealock, Y. Fernandes, and F. Etherington voting in favour; and, Councillors B. Ioannidis, S. Davey, Z. Janecki and P. Singh voting in opposition. On motion by Councillor S. Marsh – it was resolved: “That a by-law be enacted to amend Chapter 408 (Animals) of the City of Kitchener’s Municipal Code to allow for the keeping or harbouring of fowl in non-agricultural areas of the City, be approved, as outlined in Community Services Department report CSD-16- 049, save and except for the following: That the side yard setbacks be approved at 2.5m rather than the proposed 3m and if residents are unable to achieve the required setbacks, they may be permitted to keep chickens pending receipt of consent from their immediate neighbours.” INS-16-080 - INTEGRATED STORMWATER MANAGEMENT MASTER PLAN 6. - IMPLEMENTATIO PLAN The Committee considered Infrastructure Services Department report INS-16-080, dated October 27, 2016 recommending approval of the Integrated Stormwater Management Master Plan – Implementation Plan and repeal and replacement of the Stormwater Management Policy. Messrs. N. Gollan and H. Gross were in attendance and responded to questions from the Committee. Mr. C. Denich, Aquafor Beech Ltd. presented the report. In response to questions, Mr. N. Gollan advised that the implementation plan has been developed based on the existing 9.2% projected annual stormwater rate increase over the next 10 years and does not add to the projected rate increase. Councillor S. Davey questioned the funding timeline of the implementation plan, noting it was a 14-year plan but the rate increase is based on a 10-year projection, he indicated likely the question would be more appropriate for the Special Finance and Corporate Services Committee meeting when considering the 2017 Operating Budget. Carried The following motion was voted on and was on a recorded vote, with Mayor B. Vrbanovic and Councillors B. Ioannidis, D. Schnider, P. Singh, S. Davey, S. Marsh, K. Galloway-Sealock, Z. Janecki, Y. Fernandes, and F. Etherington voting in favour; and, Councillor J. Gazzola voting in opposition. On motion by Councillor Y. Fernandes - it was resolved: “That the Integrated Stormwater Management Master Plan – Implementation Plan prepared by Aquafor Beech Ltd., dated October 17, 2016 together with the implementation schedule and budget forecast as outlined in Infrastructure Services Department report INS-16-080 be approved; and, That Policy I-1135 Stormwater Management Policy, Policy I-1140 Stormwater Management Review/System and, Policy I-1145 Stormwater Management Facilities – Design Principles be repealed and replaced with Policy I-#### Stormwater Management dated [2016-####]; and further, That the Clerk be directed to arrange and number the Stormwater Management Policy so as to fit within the scheme of the City’s Policy Manual.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE NOVEMBER 7, 2016 - 46 - CITY OF KITCHENER INS-16-081 - 2017 SIDEWALK INFILL RECONSTRUCTION PROJECTS 7. The Committee was in receipt this date of email correspondence prepared by Mr. B. Cronkite, dated November 4, 2016 requesting Infrastructure Services Department report INS-10-081 be withdrawn from the agenda this date. Councillor D. Schnider noted staff anticipate bringing the matter forward for consideration at the December 5, 2016 Community and Infrastructure Service Committee meeting. ADJOURNMENT 8. On motion, this meeting adjourned at 4:55 p.m. D. Saunderson Committee Administrator