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HomeMy WebLinkAboutCouncil - 2017-01-30COUNCIL MINUTES JANUARY 30, 2017 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor Y. Fernandes. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by the Kitchener South Sparks, Brownies, Girl Guides, Pathfinders and Rangers. Council observed a moment of silence for the victims of the mass shooting at a Quebec City mosque on January 29, 2017. 2. MINUTES — Councillor S. Davey stated it has been identified the motion passed at the December 12, 2016 Council meeting regarding the Community Grants budget should have included the allocation of $19,000 to the Festival of Neighbourhoods capital grant account. He indicated the overall Grants Budget remains unchanged and requested this revision be made to the December 12th minutes. Council agreed to amend the minutes as requested by Councillor Davey. On motion by Councillor S. Davey, the minutes of the regular meeting held December 12, 2016 and special meetings held December 12, 2016 and January 9, 2017, as mailed to the Mayor and Councillors, as amended, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. Region of Waterloo Waste Management Program Changes Ms. Kim Kitagawa and Ms. Cari Howard, Region of Waterloo Waste Management Division, were in attendance to present the upcoming changes to the waste management program taking effect on March 6, 2017. These changes include implementation of a limit of four garbage bags / cans, which will be collected every second week. Ms. Kitagawa added garbage bag tags could be purchased online or at various Regional and City locations, which can be used to set out extra bags / cans beyond the limit. For more information, she encouraged residents to visit http://www.regionofwaterloo.ca/en/aboutTheEnvironment/waste-management.asp, or contact Waste Management 24/7 customer service at 519-575-4400. 6. DELEGATIONS — 6.a. Committee of Adjustment - 929 Pioneer Grove Court Ms. Ann -Louise Kormos was in attendance in support of the requested variance to extend the height of the existing fence at 929 Pioneer Grove Court, as listed under Item B.2.i on the Committee of the Whole agenda. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor Z. Janecki "That the application of Tony and Ann -Louise Kormos (FN 2016-008 — 929 Pioneer Grove Court) requesting permission to extend the height of an existing fence on the westerly side lot line having a height of 3.658m rather than the permitted maximum height of 2.44m, on Lot 9, Registered Plan 58M-519, 929 Pioneer Grove Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the fence height of 3.65m shall only be permitted to extend to a maximum of 7.62m in length with appropriate stepping and opacity generally as shown in the proposed design included in the staff report, dated December 6, 2016. COUNCIL MINUTES JANUARY 30, 2017 -14- CITY OF KITCHENER 2. That the area associated with the additional fence height be constructed with a translucent material from the existing height of 2.44m to the permitted maximum height of 3.65m." Carried. 6.b. ART$PAY Ms. Cathy Farwell, Founder / Manager, ART$PAY, gave a presentation to introduce the ART$PAY website which is an online tool for the visual arts sector, focusing on employment, marketing, education, professional development and public awareness. She circulated Council with copies of background information and a brochure, highlighting the various features of the ART$PAY website. FCS -17-024 — Light -Armoured Vehicle (LAV) III Monument Follow-up It was noted that representatives from the Royal Highland Fusiliers were in attendance with respect to the Light -Armoured Vehicle (LAV) III Monument agreements, listed as Item B.4 on the Committee of the Whole agenda. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That the Mayor and Clerk be authorized to enter into the following agreements in support of the Kitchener LAV III Monument project, to recognize the service of Canadian Forces in Afghanistan, to the satisfaction of the City solicitor: • LAV III Monument Agreement with Canada Company • License Agreement with Department of National Defence • Any other supporting or related agreements as may be required." Carried. 6.c. 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. In response to questions regarding Tender T16-105 (The AUD - Twin Pad Rink Floor Replacement) listed as Item B.1.iv on the Committee of the Whole agenda, Mr. M. May, Deputy CAO — Community Services, advised these are two of the City's most used ice pads and if they are not replaced, the rinks would need to be closed. He stated staff had previously completed an analysis, which indicated that over the course of the 10 -Year Capital Forecast approximately 90% of the City's Gas Tax allocation goes toward hard services. He agreed to recirculate, via email, the Gas Tax analysis as well as a breakdown of the components being implemented to meet the City's Accessibility for Ontarians with Disabilities Act (AODA) requirements. A motion was brought forward by Councillor Z. Janecki, seconded by Councillor J. Gazzola, to defer consideration of Tender T16-105 to the February 13, 2017 special Council meeting to allow time for user groups to be informed for the proposed decrease from the current Olympic -sized ice surface to an NHL -sized ice surface. Councillor Janecki's motion was voted on and LOST on a recorded vote, with Mayor B. Vrbanovic and Councillors Z. Janecki and J. Gazzola voting in favour; and, Councillors S. Davey, D. Schnider, K. Galloway-Sealock, P. Singh, B. loannidis, F. Etherington and S. Marsh voting in opposition. Councillor Y. Fernandes was absent and accordingly did not vote. Moved by Councillor B. loannidis Seconded by Councillor K. Gal loway-Sea lock "That Tender T16-111 Overhead Door Maintenance & Repair Service, be awarded to Overhead Door Company of Kitchener -Waterloo Ltd. o/a Garage Door Company of Kitchener - Waterloo Ltd., Kitchener, Ontario, at their tendered price of $54,133.25, plus H.S.T. of $7,037.32, for a total of $61,170.57, for a seventeen (17) month term, with an option to renew for two (2) additional twelve (12) month terms." COUNCIL MINUTES JANUARY 30, 2017 -15- CITY OF KITCHENER PFFWeE "That Expression of Interest E16-109 Consultant Services — Placemaking Plan for Streetscape of Queen Street (Charles to Duke), Part of Goudies Lane and Park Spaces, be awarded to Stantec Consulting Ltd., Waterloo, Ontario, at their estimated fee of $34,944.53, including contingencies of $3,176.78, plus H.S.T. of $4,542.79, for a total of $39,487.32, based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Tender T16-082 Reconstruction of Kiwanis Park Outdoor Pool, be awarded to Mclloul- Blamey Construction Inc., Waterloo, Ontario, at their tendered price of $3,583,000, plus H.S.T. of $465,790, for a total of $4,048,790." -and- "That Tender T16-105 The AUD - Twin Pad Rink Floor Replacement, be awarded to Gateman- Milloy Inc., Kitchener, Ontario, at their tendered price of $1,755,683.96, plus H.S.T. of $228,238.92, for a total of $1,983,922.88." 951ii eE "That the City of Kitchener's portion of the County of Wellington's Cooperative Tender CW2016-034 Supply and Deliver Printed Envelopes, be awarded to Canadian Printing Resources Inc., Toronto, Ontario, at their tendered unit prices for a one (1) year term, with an option to renew for four (4) additional, twelve (12) month terms." Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola requested that Clause 2 be considered separately on a recorded vote. Clause 2 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, P. Singh, B. loannidis, F. Etherington and S. Marsh Contra: Councillors J. Gazzola and Z. Janecki Absent: Councillor Y. Fernandes Balance of Report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. COUNCIL MINUTES JANUARY 30, 2017 -16- CITY OF KITCHENER rA119191ihhh11111ZI:8:J:1li]:4&'WiTllD]11919101ihhh11111ZI:l Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That the report of the Audit Committee be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — NIL 10. QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor Z. Janecki "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. b. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. C. 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. d. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. e. Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. f. Being a by-law to exempt certain lands lots from Part Lot Control — Part of Lots 140, 139, 136, 135 and 134, Registered Plan 58M-597 — Crosswinds Drive. g. Being a by-law to exempt certain lands lots from Part Lot Control — Part Blocks 1, 2 4, 5 and 6, Registered Plan 58M-366 — Deer Creek Street, Deer Creek Court and Deer Creek Place. h. Being a by-law to exempt certain lands lots from Part Lot Control — Block 55, Registered Plan 58M-572 — Templewood Drive. Being a by-law to exempt certain lands lots from Part Lot Control — Part of Lots 146, 149 and 150, Registered Plan 58M-597 — Valleybrook Drive. Being a by-law to exempt certain lands lots from Part Lot Control — Part of Lots 155 and 158, Registered Plan 58M-597 — Valleybrook Drive. k. Being a by-law to exempt certain lots from Part Lot Control — Part of Lots 151 and 154, Registered Plan 58M-597 — Valleybrook Drive. To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES JANUARY 30, 2017 -17- CITY OF KITCHENER liPX9191ihIihl11114:9i109V4h9:[97M:E On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor S. Davey as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor S. Davey 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 K. Gal loway-Sea lock Seconded by Councillor Z. Janecki "That the by-laws be given third reading, namely: a. 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. 2017-005) b. 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. 2017-006) C. 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. 2017-007) d. 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. 2017-008) e. Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2017-009) f. Being a by-law to exempt certain lands lots from Part Lot Control — Part of Lots 140, 139, 136, 135 and 134, Registered Plan 58M-597 — Crosswinds Drive. (By-law No. 2017-010) g. Being a by-law to exempt certain lands lots from Part Lot Control — Part Blocks 1, 2 4, 5 and 6, Registered Plan 58M-366 — Deer Creek Street, Deer Creek Court and Deer Creek Place. (By-law No. 2017-011) COUNCIL MINUTES JANUARY 30, 2017 - 18 - CITY OF KITCHENER h. Being a by-law to exempt certain lands lots from Part Lot Control — Block 55, Registered Plan 58M-572 — Ternplewood Drive, (By-law No. 2017-012) i. Being a by-law to exempt certain lands lots from Part Lot Control — Part of Lots 146, 149 and 150, Registered Plan 58M-597 — Valleybrook Drive, (By-law No. 2017-013) j, Being a by-law to exempt certain lands lots from Part Lot Control — Part of Lots 155 and 158, Registered Plan 58M-597 — Valleybrook Drive. (By-law No. 2017-014) k. Being a by-law to exempt certain lots from Part Lot Control — Part of Lots 151 and 154, Registered Plan 58M-597 — Valleybrook Drive, (By-law No. 2017-01!5) L To confirm al,l actions and proceedings of the Council. (By-law No. 2017-016) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned at 9:00 p.m. .. .... .... .. . .. . .. .... .... .. I . .... .. MAYOR C--IkK' COUNCIL MINUTES JANUARY 30, 2017 -19- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — That the revised Grand River Accessibility Advisory Committee Terms of Reference, as attached to Community Services Department report CSD -17-005, be approved; and further, That the following applicants be appointed to the Grand River Accessibility Advisory Committee for a 4 -year term ending December 31, 2020, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot and Township of Woolwich: Name Location New or Reappointment Jason Angel City of Waterloo New Jolene MacDonald Township of Wellesley New Keri Cameron City of Kitchener Reappointment Greg Moore City of Kitchener Reappointment Staff Representation Canadian Hearing Society Reappointment Staff Representation Carizon Family and Community Service Reappointment That the Digital Kitchener Strategy be approved, attached as Appendix A to Finance and Corporate Services Department report FCS -17-002; and further, That staff be directed to begin work on the actions as outlined in the Digital Kitchener Strategy over the course of 2017 — 2021. Carried on a recorded vote. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — That consideration of the following motion be deferred to the May 1, 2017 Community and Infrastructure Services Committee meeting, to allow staff an opportunity to further consult with the residents on Glasgow Street between Knell Drive and Westwood Drive regarding the existing traffic calming measures: "That the existing five (5) medians and two (2) chicanes be maintained permanently on Glasgow Street between Knell Drive and Fischer -Hallman Road, as outlined in Infrastructure Services Department report INS -17-005." That Council Policy 1-90 (Downtown Action & Advisory Committee (DAAC) — Terms of Reference) be amended, as outlined in Chief Administrator's Office report CAO -17-002, to change the Committee Composition as follows: A maximum of 15 members: 0 1 -Councillor —Ward 9 0 1 - Councillor —Ward 10 0 1 - Executive Director or delegate of the Downtown Kitchener BIA o Minimum of 5 and maximum of 11 City residents o Minimum of 2 and maximum of 5 Downtown Businesses o Minimum of 2 and maximum of 5 Building Owners or Local Developers. That Demolition Control Application DC16/024/W/CD requesting permission to demolish two (2) single detached dwellings located at 43 Wellington Street North, owned by 2308559 Ontario Limited, Perimeter Development Corporation, & 26 Moore Avenue owned by the Estate of Louise Anne Hammer be approved, as outlined in Community Services Department report CSD -17-003. That the list of proposed Neighbourhood Associations, as attached to Community Services Department report CSD -17-004, be approved for affiliation for the year 2017 and added to the City of Kitchener's third party liability insurance program. COUNCIL MINUTES JANUARY 30, 2017 -20- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) That the Uniform Traffic Bylaw be amended to prohibit parking at anytime from January 1 to March 31 on the east side (odd number side) of Glendale Road from Melrose Avenue to Merner Avenue, as outlined in Infrastructure Services Department report INS -17-006. That the Mayor and Clerk be authorized to execute a Memorandum of Understanding, as attached to Community Services Department report CSD -17-007, with the Regional Municipality of Waterloo for the sale of garbage bag tags, said agreement to be satisfactory to the City Solicitor. That the recommendations contained in the Community Engagement Review, as attached to Chief Administrator's Office report CAO -17-001, be approved, with any financial implications to be considered as part of future budget deliberations. AUDIT COMMITTEE — That the 2016 External Audit Planning Report prepared by KPMG, attached as Appendix 1 to Finance and Corporate Services report FCS -16-177 dated December 1, 2016, be approved. That the 2017 Internal Audit work plan be approved as outlined in Finance and Corporate Services report FCS -16-183 dated December 1, 2016. COUNCIL MINUTES JANUARY 30, 2017 -21- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. FCS -17-004 —Committee of Adjustment Variances Council considered Finance and Corporate Services Department report FCS -17-004 (D. Saunderson), dated December 23, 2016. It should be noted that Submission No. FN 2016-008 — 929 Pioneer Grove Court was dealt with under Delegations. It was resolved: "That the application of City of Kitchener (SG 2016-007 — 350 Margaret Avenue) requesting permission to replace the existing ground supported sign having automatic changing copy located 22m from a residential zone rather than the required 100m., and, having 51% of the sign area being changing copy rather than the permitted maximum area of 30%, on Lots 13, 14 & Part Lot 15, Plan 373, Part Lot 2, Plan 338, Lot 49 & Part Lots 1 & 50, Plan 788 and Lot 1, Plan 792, 350 Margaret Avenue, 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 the automatic changing copy portion of the sign shall be turned off between the hours of 12:00 a.m. and 6:00 a.m. 3. That the owner shall complete Condition 1 prior to March 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 fulfil these conditions will result in this approval becoming null and void." 3. FCS -17-023 - Lease of 44 Gaukel Street / Sale of 48 Ontario Street North Council considered Finance and Corporate Services Department report FCS -17-023 (M. Palmer), dated January 24, 2017. A motion was brought forward by Councillor P. Singh to amend the third bullet of the evaluation criteria outlined in Appendix `2' of Report FCS -17-023 to insert "/or" following the word "and", which was voted on and was Carried. A motion was brought forward by Mayor B. Vrbanovic to add a further evaluation criterion to Appendix `2' of Report FCS -17-023 to allow weighting to be given to proposals that could be incorporated into a broader redevelopment, which was voted on and was Carried. It was resolved: "That the approach, timeline and evaluation criteria for the request for proposal for the lease of 44 Gaukel Street (1st Floor) be approved, as outlined in Appendix `A' to Finance and Corporate Services Department report FCS -17-023; and further, COUNCIL MINUTES JANUARY 30, 2017 -22- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 3. FCS -17-023 - Lease of 44 Gaukel Street / Sale of 48 Ontario Street North (Cont'd) That the approach, timeline and evaluation criteria for the request for proposal for the Sale of 48 Ontario Street North, be approved, as outlined in Appendix `2' to Report FCS -17-023, with the following revisions: Third Bullet now reads as: • Proposed plan for retaining and/or enhancing the designated heritage features; and, Additional Evaluation Criteria: • Ability to be incorporated into a broader redevelopment while meeting the timeline objectives of the City." 4. Light -Armoured Vehicle (LAV) III Monument Follow-up Report Dealt with under Delegations. 5. In -Camera Meetinq Authorization - Solicitor -Client Privilege (Perth Road) Notice of this matter had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. It was noted this matter was originally intended to be considered at the special Council meeting scheduled for 6:00 p.m. this date. That meeting was expectantly cancelled and the matter was subsequently held over to this meeting. It was resolved: "That an in -camera meeting of City Council be held immediately following this meeting to consider a matter subject to solicitor -client privilege."