Loading...
HomeMy WebLinkAboutCouncil - 2016-11-21 COUNCIL MINUTES NOVEMBER 21, 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 “O Canada” by the Grades 4, 5 & 6 Jean Steckle P.S. Junior Choir under direction of Natasha Roth and Nadia Mushani. 2. MINUTES – On motion by Councillor Y. Fernandes, the minutes of the regular meeting held October 24, 2016 and special meetings held October 24 and November 7, 2016, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - Councillor P. Singh declared a pecuniary interest with respect to the declaration of a parcel of land located at 345 King Street West as being surplus and offered for sale, as outlined under Item B.4. of the Committee of the Whole agenda, as members of his family own property in the vicinity of the subject lands. Accordingly, he did not participate in any discussion or voting regarding this matter. Councillor J. Gazzola declared a pecuniary interest with respect to the declaration of a parcel of land located at 345 King Street West as being surplus and offered for sale, as outlined under Item B.4. of the Committee of the Whole agenda, as a member of his family is employed by one of the proponents. Accordingly, he did not participate in any discussion or voting regarding this matter. 4. COMMUNICATIONS REFERRED TO FILE – a. Flag Request under Policy I-442: • MNO Grand River Metis Council – Death of Louis Riel – November 15-21, 2016 5. PRESENTATIONS – 5.a. Economic Developers Association of Canada Mayor B. Vrbanovic acknowledged the receipt of two awards recently won by the City of Kitchener from the Economic Developers Association of Canada. On behalf of Council, he congratulated staff for winning The ‘Brand Identity’ Award and the ‘Publication Award’ recognizing the City’s ‘Make It Kitchener’ branding. 5.b. Canadian Blood Services Ms. Tara Gutscher, Canadian Blood Services, gave a presentation highlighting the need for blood donations over the holiday season. She encouraged the City to adopt a blood donor clinic; whereby Councillors and City employees would recruit donors and promote blood clinics to family and friends. 6. DELEGATIONS – Sign Variance -1058 Queen’s Boulevard Mr. Trevor Gagne was in attendance in support of the recommendation arising from the October 18, 2016 Committee of Adjustment meeting to approve the application submitted by 2112761 Ontario Ltd. for a sign variance at 1058 Queen’s Boulevard, as listed under Item B.2.ii of the Committee of the Whole agenda. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki “That the application of 2112761 Ontario Ltd. (SG 2016-005 – 1058 Queens Boulevard) requesting permission to alter the existing ground supported sign to have automatic changing copy located 7m from a residential zone rather than the required setback of 100m, on Part Lot COUNCIL MINUTES NOVEMBER 21, 2016 -211 - CITY OF KITCHENER 16, Plan 786, being Part 2 on Reference Plan 58R-3986, 1058 Queens Boulevard, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit from the Planning Division. 2. That the owner shall ensure Condition 1 is completed prior to January 1st, 2017. 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 fulfill these conditions will result in this approval becoming null and void. 3. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m.” Carried. 6.a. Municipal Code Chapter 408 – Animals Ms. Larisa Smyk, Ms. Kathryn Brillinger, Ms. Alayne Kleser, Ms. Rebecca Lubitz and Mr. David Lubitz, addressed Council in support of amending City of Kitchener Municipal Code Chapter 408 (Animals) to permit the keeping of chickens in non-agricultural areas; as listed under Clause 5 of the Community and Infrastructure Services Committee report. Mr. Darnell Foglton was registered as a delegation to express opposition to the proposed amendments, but was not in attendance this date. On motion by Councillor K. Galloway, seconded by Councillor D. Schnider, Clause 5 of the Community and Infrastructure Services Committee report was brought forward for consideration. A motion was brought forward by Councillor S. Marsh, seconded by Councillor Y. Fernandes, to amend Clause 5 by adding a provision to allow residents who owned more than four hens on November 8, 2016 to keep up to six hens for the lifetime of those hens, provided they meet the other requirements of Chapter 408. Councillor Marsh’s amendment was voted on and was Carriedon a recorded vote, with Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, J. Gazzola, D. Schnider, P. Singh, S. Davey, S. Marsh, B. Ioannidis, F. Etherington and Y. Fernandes voting in favour; and, Councillor Z. Janecki voting in opposition. Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider “That Clause 5 of the Community and Infrastructure Services Committee report be adopted, as amended.” A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, S. Marsh, P. Singh, F. Etherington and J. Gazzola. Contra: Councillors B. Ioannidis and Z. Janecki. Motion Carried. Built Heritage Emergency Management Policy Ms. Kae Elgie addressed Council to request modifications to the proposed Built Heritage Emergency Management Policy, listed under Clause 1 of the Heritage Kitchener report. She advised at the November 1, 2016 Heritage Kitchener meeting, it was indicated the proposed Policy in its current COUNCIL MINUTES NOVEMBER 21, 2016 -212 - CITY OF KITCHENER form would not have prevented the demolition of the former Mayfair Hotel. She suggested the Policy should be amended to incorporate the following five measures: 1. Process to pre-qualify as a professional engineer who may be used by the City in emergency situations affecting heritage property must be fair, transparent and open; 2. Clear objective criteria should be set out in the Policy to identify how someone qualifies as a heritage professional; 3. Pre-qualified professional should have demonstrated experience conserving a heritage building; 4. Individuals, and not firms, should be the only ones eligible to be pre-qualified; and, 5. The advice given to the City should include steps that could be taken to save the heritage building. Responding to questions, Mr. M. May, Deputy CAO – Community Services, advised that four of the five points raised by Ms. Elgie are already provided for in the Policy. He indicated the Policy sets out that staff would use the directory maintained by the Canadian Association of Heritage Professionals (CAHP) or the list developed by the Ontario Heritage Trust in identifying one or more pre-qualified professional engineers. He stated the CAHP designation is awarded to individuals by an impartial third party; thereby, removing the perception of any possible bias. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor F. Etherington, to refer the proposed Policy back to Heritage Kitchener to allow for an examination of the measures suggested by Ms. Elgie. Councillor Gazzola’s referral motion was voted on and was LOSTon a recorded vote, with Councillors J. Gazzola, S. Marsh, D. Schnider, F. Etherington and Y. Fernandes voting in favour; and, Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, P. Singh, S. Davey, B. Ioannidis and Z. Janecki voting in opposition. Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola “That Clause 1 of the Heritage Kitchener report be adopted.” A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, P. Singh, B. Ioannidis and Z. Janecki. Contra: Councillors S. Marsh, F. Etherington and J. Gazzola. Motion Carried. Councillor Z. Janecki left the meeting at this time. 6.b. Tenders Ms. Michelle Palmer, 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. Moved by Councillor B. Ioannidis Seconded by Councillor Y. Fernandes “That Tender T16-098 Dell Storage Expansion, be awarded to Open Storage Solutions Inc., London, Ontario, at their adjusted tendered price of $143,728.13, plus H.S.T. of $18,684.66, for a total of $162,412.79.” COUNCIL MINUTES NOVEMBER 21, 2016 -213 - CITY OF KITCHENER - and - “That the City of Kitchener’s portion of Cooperative Proposal P16-081 Supply of Electrical Materials and Lighting Solutions, be awarded to Gerrie Electric Wholesale Limited, Burlington, Ontario, at their proposed unit prices, for a five (5) year term, with an option to renew for five (5) additional twelve (12) month terms.” - and - “That Tender T16-096 Architectural Hardware, be awarded to Great Lakes Architectural Hardware Inc., Kitchener, Ontario, at their tendered price of $82,406.08, plus H.S.T. of $10,712.79, for a total of $93,118.87, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms.” - and - “That Expression of Interest E16-100 Consultant Services – Old Mill Road Bridge Rehabilitation, be awarded to AECOM Canada Ltd., Kitchener, Ontario, at their estimated fee of $101,290.20, including contingencies of $9,208.20, plus H.S.T. of $13,167.73, for a total of $114,457.93, based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Tender T16-089 Sewage Pumping Stations – Pump and Motor Control Maintenance and Repair, be awarded to Prestige Energy Services, 339194 Ontario Inc., Stratford, Ontario, at their tendered price of $116,000., plus H.S.T. of $15,080., for a total of $131,080., for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms.” - and - “That Tender T16-087 Inter-Facility Mail Services, be awarded to J.M. Finnegan Cartage Limited o/a Crown Courier, Kitchener, Ontario, at their tendered price of $50,504.30, plus H.S.T. of $6,565.56, for a total of $57,069.86, for a one (1) year term, with an option to renew for four (4) additional twelve (12) month terms.” Carried. 7. COMMITTEE REPORTS – COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider “That the report of the Community and Infrastructure Services Committee be adopted.” Councillor J. Gazzola requested that Clause 6 of the Committee report related to the Integrated Stormwater Management Master Plan – Implementation Plan be voted on separately on a recorded vote. Councillor Z. Janecki re-entered the meeting at this time. The Committee report was then voted on clause by clause. Clause 6 – Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, B. Ioannidis, S. Marsh, P. Singh and F. Etherington. Contra: Councillor Z. Janecki and J. Gazzola. COUNCIL MINUTES NOVEMBER 21, 2016 -214 - CITY OF KITCHENER 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 be adopted, with the inclusion of the new fee for the keeping of chickens incorporated into the 2017 User Fee Schedule, listed under Clause 1.” Council was in receipt of Infrastructure Services Department report INS-16-096 (J. Edmondson) providing additional details on four Utilities Gas user fees (1594-1597) as outlined in the 2017 User Fee Schedule. Councillor S. Davey requested to have Paragraph 2 of Clause 1 of the Committee report proposing a 1.75% rate increase for all fees originally proposed to have a 2% increase be voted on separately. It was noted that if Paragraph 2 of Clause 1 was defeated, the fee increase would revert back to what was originally put forward as part of the 2017 User Fee Schedule, as attached to Finance and Corporate Services Committee report FCS-16-166. Paragraph 2 of Clause 1 of the Committee report was voted on and was LOST on a recorded vote, with Mayor B. Vrbanovic and Councillors J. Gazzola, P. Singh, B. Ioannidis and Z. Janecki voting in favour; and, Councillors S. Marsh, D. Schnider, F. Etherington, Y. Fernandes, K. Galloway-Sealock and S. Davey voting in opposition. The Committee report was then voted on clause by clause. Clause 1 – Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, S. Marsh, and F. Etherington. Contra: Councillor P. Singh, Z. Janecki, B. Ioannidis and J. Gazzola. Balance of report – Carried. 7. COMMITTEE REPORTS – PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor B. Ioannidis “That the report of the Planning & Strategic Initiatives Committee be adopted.” Carried. 7. COMMITTEE REPORTS – HERITAGE KITCHENR Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola “That the balance of the report of Heritage Kitchener be adopted.” Carried. 8. UNFINISHED BUSINESS – NIL 9. NEW BUSINESS – NIL COUNCIL MINUTES NOVEMBER 21, 2016 -215 - CITY OF KITCHENER 10. QUESTIONS AND ANSWERS – NIL 11. BY-LAWS (FIRST READING) – Council agreed to the request of Ms. C. Tarling, City Clerk, to add an additional by-law for three readings this date to amend the City of Kitchener Municipal Code Chapter 408 (Animals) to permit the keeping of chickens in non-agricultural areas of the City, listed as Clause 5 on the Community and Infrastructure Services Committee report. Moved by Councillor S. Marsh Seconded by Councillor D. Schnider “That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener. b. Being a by-law to provide for the widening of part of Forwell Road as a public highway in the City of Kitchener. c. To confirm all actions and proceedings of the Council. d. Being a by-law to amend Chapter 408 of The City of Kitchener Municipal Code with respect to Animals - Regulation. 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 Z. Janecki “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 D. Schnider “That the by-laws be given third reading, namely: a. Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener. (By-law No. 2016-115) COUNCIL MINUTES NOVEMBER 21,2O18 '216' CITY OFKRlCHENER b. Being m by-law to provide for the widening of pod ofFnnweU Road as m public highway inthe City ofKitchener. (By'|awNo. 2Oi8'118) C. To confirm all actions and proceedings of the Council. (BW-lmwNo. 2018'117) Being a by-law toamend Chapter 408 of The City ofKitchener Municipal Code with respect to Animals - Regulation. (By-law No. 2016-118) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:30 p.m. . ........... . .. . .. .... ...... . .. .... .. .... .. . ....... .. I-_ .. .... .... .... .. .... .. - COUNCIL MINUTES NOVEMBER 21, 2016 -217 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. 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. 2. 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. 3. 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. 4. 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. 5. 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; and further, That a provision be added to the by-law to allow residents, who owned more than four hens on November 8, 2016 to keep up to six hens for the lifetime of those hens, provided they meet the other requirements of Chapter 408 (Animals). (Dealt with under Delegations and Carried, as Amended) 6. 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. FINANCE AND CORPORATE SERVICES COMMITTEE MEETING – 1. That the proposed fees and charges contained in the 2017 User Fee schedule attached to Financial Services Department Report FCS-16-166 be approved, with the addition of the proposed fee for the keeping of chickens; and, That any future user fees that are new should contain a detailed report (summary) as to why they are being introduced; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications. COUNCIL MINUTES NOVEMBER 21, 2016 -218 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE MEETING – (CONT’D) 2. That subject to the 2017 budget deliberations, $30,000. be allocated to the Waterloo Region Green Solutions, Residential Energy Efficiency Project (REEP), as part of the Environmental Committee’s 2017 Operating Budget as outlined in Finance and Corporate Services Department report FCS-16-153. PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That staff consult on the new Zoning By-law: Component C – First Draft in accordance with the requirements of the Planning Act, and as further outlined in Community Services Department report CSD-16-070. HERITAGE KITCHENER – 1. That the Built Heritage Emergency Management policy as outlined in Appendix ‘A’ of Community Services Department report CSD-16-074, be adopted. (Dealt with under Delegations and Carried) 2. That, in accordance with Section 27(3) of the Ontario Heritage Act, the written Notice of Intention to Demolish certain structures on the property municipally addressed as 617-621 King Street West dated September 23, 2016 be received for information and that the notice period run its course, as outlined in Community Services Department report CSD-16-066. COUNCIL MINUTES NOVEMBER 21, 2016 -219 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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-16-171 – Fence and Sign Variances Council considered Finance and Corporate Services Department report FCS-16-171 (D. Saunderson), dated October 27, 2016. It should be noted that Submission No. SG 2016-005 was dealt with under Delegations. It was resolved: ”That the application of Nicoleta Craiovan Stewart (FN 2016-007 – 660 Fischer Hallman Road) requesting permission to construct a fence in the front yard having a height of 1.524m, whereas the By-law does not permit fences located in the front yard that are greater than 0.91m in height, on Part Lot 47, German Company Tract, being Parts 1 & 2 on Reference Plan 58R-13049, 660 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the fence is designed in such a way that there is no obstruction to pedestrian or vehicular traffic. 2. That the owner shall ensure the fence is located outside of any required Driveway or Corner Visibility Triangle(s). 3. That the owner shall ensure the fence is designed and constructed so there is visibility through 50% of the entire face of the fence within the front yard. Where a solid material is used, it must remain transparent at all times. In no case shall there be any section of the fence within the front yard that prohibits 50% visibility.” 3.FCS-16-160 – Applications for Cancellation, Refund, etc. of Taxes Council considered Finance and Corporate Services Department report FCS-16-160 (J. Evans), dated November 8, 2016. Mr. R. Hagey agreed to provide further details regarding the nature of Items 9 and 32- 37 of the applications proposed for cancellation, reduction and/or refund of taxes. It was resolved: “That the applications to City Council for cancellation, reduction, refund of taxes totaling $227,121.97 as attached to Finance and Corporate Services Department report FCS- 16-160, be approved, pursuant to Section 357 of the Municipal Act.” COUNCIL MINUTES NOVEMBER 21, 2016 -220 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 4.CAO-16-033 – Declaration of Surplus and the Sale of 345 King Street West Council considered Chief Administrator’s Office report CAO-16-033 (B. Bennett), dated November 16, 2016. Councillor P. Singh declared a pecuniary interest with respect to the declaration of a parcel of land located at 345 King Street West as being surplus and offered for sale, as outlined under Item B.4. of the Committee of the Whole agenda, as members of his family own property in the vicinity of the subject lands. Accordingly, he did not participate in any discussion or voting regarding this matter. Councillor J. Gazzola declared a pecuniary interest with respect to the declaration of a parcel of land located at 345 King Street West as being surplus and offered for sale, as outlined under Item B.4. of the Committee of the Whole agenda, as a member of his family is employed by one of the proponents. Accordingly, he did not participate in any discussion or voting regarding this matter. It was resolved: “That the .36 acre parcel of land owned by the City of Kitchener located at 345 King St W., depicted on the map (Schedule A) attached to Report CAO-16-033, and to be further described on a reference Plan to be prepared in the future, be declared surplus to the City and offered for sale through a Request For Proposals.” 5.FCS-16-173 – Q16-072 – Work Gloves Council received as information Finance and Corporate Services Department report FCS-16-173 (M. Palmer), dated October 31, 2016.