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HomeMy WebLinkAboutCouncil - 2017-09-25Kell] I:N10khIlki Lei I*? SEPTEMBER 25, 2017 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor J. Gazzola. 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 August 28, 2017 and special meetings held August 28 & 30 and September 11, 2017, as mailed to the Mayor and Councillors, were accepted. Councillor P. Singh declared a pecuniary interest with respect to a motion introduced by Councillor S. Marsh, concerning Heritage Permit Application HPA-2017-025, listed as Clause 1 on the Heritage Kitchener report dated September 25, 2017, as a member of his family owns property in the vicinity of the 195 Joseph Street; accordingly, he did not participate in any discussion or voting regarding that matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. Make It Kitchener Awards Ms. Victoria Raab, Director of Communications and Marketing, presented three awards for `Make It Kitchener'; two from the International Economic Development Council (IEDC) for special purpose print brochure and video/multimedia promotion; and, one from the Economic Development Association of Canada (EDAC) Marketing Canada Award for digital media (website and promotional video). 5.b. K -W International Children's Games Ms. Roberta Mulder, President, K -W International Children's Games Committee, and Ms. Jillian Tulipano, Athlete, addressed Council to thank the City for its continuing support of the K -W International Children's Games athletes who participated in the 2017 Games in Kaunas, Lithuania. Mayor B. Vrbanovic accepted a plaque commemorating the games and support from the City of Kitchener. 5.c. Metrolinx — GO Service Mr. Gord Troughton, Director of Corridor Infrastructure (Kitchener Line), and Ms. Erin Moroz, Director of Communications & Community Relations, Metrolinx, addressed Council to provide an overview of the planned improvements to GO service along the Kitchener rail corridor. Mr. Troughton spoke to the development of a new corridor noting significant investments in bridge construction, and new track and signal systems. Ms. Moroz informed Council of various community outreach programs used by Metrolinx during the four stages of development: planning and feasibility; environmental assessment; design and procurement; and, construction. 6. DELEGATIONS — Sign Variance — 301 Charles Street East Council was in receipt of Finance and Corporate Services Department report FCS -17-168 (D. Saunderson), dated September 18, 2017, listed as Item B.3. on the Committee of the Whole agenda. COUNCIL MINUTES SEPTEMBER 25, 2017 -154 - CITY OF KITCHENER Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey “That the application of Waterloo Region District School Board (SG 2017-013 – 301 Charles Street East) requesting permission to replace an existing sign with a ground-supported sign having automatic changing copy with a sign area of 3.36 sq.m. rather than the permitted maximum 3 sq.m., on Lots 1-8, Plan 303, Part Lots 63 & 64 Part of Cameron Street Plan, Part Lot 25, Plan 365, 301 Charles Street East, 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 messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure automatic changing copy portion of the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. 4. That Condition 1 shall be completed prior to April 1, 2018. 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 all of these conditions will result in this approval becoming null and void.” Carried. 6.a. Heritage Permit Application HPA-2017-IV-025 – 195 Joseph Street Mr. Peter Barr, Applicant, and Mr. Paul Boken, Vice-President, Mulvey & Banani Lighting, addressed Council in support of Heritage Permit Application HPA-2017-IV-025 for 195 Joseph Street, listed as Clause 1 on the Heritage Kitchener report dated September 25, 2017. In response to questions, Mr. Boken explained the lighting system proposed is digitally programmable to set curfews to meet concerns raised by residents. He further explained consideration has been given to the effects on bird migratory paths and noted the lights would be reduced or completely turned off to lessen concerns during migratory seasons. Mr. Roger Suffling addressed Council in opposition to the Application. He identified concerns with bird mortality and suggested approval of this application may set a precedent for future development. Council was in receipt this date of a written document outlining the concerns raised by residents. In response to questions, Mr. Leon Bensason, Coordinator, Cultural Heritage Planning, explained the conditions recommended by Heritage Kitchener relate only to heritage-related matters, principles and practices, surrounding the protection of heritage features and attributes. Moved by Councillor B. Ioannidis Seconded by Councillor P. Singh “That Clause 1 of the Heritage Kitchener report of this date be adopted.” Carried. Councillor S. Marsh introduced a motion directing staff to work with the Applicant to arrange guidelines related to minimizing the impact of lighting on neighbouring residents and birds. An amendment was introduced by Councillor F. Etherington, adding the word “neighbouring” be before “residents and birds”. Councillor P. Singh declared a pecuniary interest regarding the motion introduced by Councillor S. Marsh as a member of his family owns property in the vicinity of the 195 Joseph Street; accordingly, he did not participate in any discussion or voting regarding that matter. Councillor Y. Fernandes requested the motion be considered on a recorded vote. COUNCIL MINUTES SEPTEMBER 25, 2017 -155 - CITY OF KITCHENER Moved by Councillor S. Marsh Seconded by Councillor Y. Fernandes “That staff be directed to work with the proponent to arrange guidelines related to minimizing the impact of lighting on neighbouring residents and birds.” Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, S. Davey and F. Etherington. Contra: Councillors D. Schnider and B. Ioannidis. Absent: Councillor J. Gazzola Pecuniary Interest and Abstention: Councillor P. Singh as his family owns property in the vicinity of 195 Joseph Street. Carried. Heritage Permit Application HPA-2017-IV-023 – 1664 Huron Road Mr. Jim Cober addressed Council in opposition of Heritage Permit Application HPA-2017-IV-023 for 1664, listed as Clause 3 on the Heritage Kitchener report. He expressed his desire to see the original farmhouse repurposed as a café and to have a new public washroom built as part of the South Kitchener District Park development. In response to questions, Ms. Denise McGoldrick, Director of Operations – Environmental Services, explained structural costs increased the overall cost of development, noting repurposing the original farmhouse eliminates the cost of building a new structure. Several members questioned the liability and risk of moving the original farmhouse; unidentified costs with moving the farmhouse compared to a new build; and, options to using the farmhouse for purposes other than a public washroom. A motion was brought forward by Councillor S. Davey, seconded by Councillor B. Ioannidis, to defer this matter to allow for staff to bring forward additional information. Moved by Councillor S. Davey Seconded by Councillor B. Ioannidis “That consideration the following matter be deferred to the October 16, 2017 Council meeting, to allow staff to provide additional information: That in accordance with Section 27(3) of the Ontario Heritage Act, the written Notice of Intention to Demolish dated August 15, 2017 to demolish the south addition and to remove and relocate the original farmhouse located on the property municipally addressed as 1664 Huron Road, as outlined in Community Services Department report CSD-17-074 be received for information and that the notice period run its course.” Carried. 6.b. Tenders Ms. M. 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. COUNCIL MINUTES SEPTEMBER 25, 2017 -156 - CITY OF KITCHENER Moved by Councillor S. Davey Seconded by Councillor B. Ioannidis “That Tender T17-111 Upper Canada Park Sportsfield Redevelopment, be awarded to Gateman-Milloy Inc., Kitchener, Ontario, at their adjusted tendered price of $1,851,723.18, plus H.S.T. of $240,724.01, for a total of $2,092,447.19.” - and - “That Proposal P17-117 Snow Clearing City Parking Lots, be awarded to 2515579 Ontario Inc., Kitchener, Ontario, at their proposed rates per lot, for a one (1) year term with an option to renew for four (4) additional twelve (12) month terms.” - and - “That Tender T17-034 South Kitchener District Park (SKDP) Phase 1 Area Grading, be awarded to Kieswetter Excavating Inc., St. Clements, Ontario, at their tendered price of $693,903.95, including contingency of $70,000., plus H.S.T. of $90,207.51, for a total of $784,111.46.” - and - “That Expression of Interest E17-112 Consultant Services - 2017 Detailed Bridge Condition Investigation (Bridges and Culverts), be awarded to Amec Foster Wheeler Environment & Infrastructure, A Division of Amec Foster Wheeler Americas Limited, Burlington, Ontario, at their estimated fee of $92,659.70, including contingencies of $8,423.61, plus H.S.T. of $12,045.76, for a total of $104,705.46, based on a satisfactory contract being negotiated.” Carried. 7. COMMITTEE REPORTS – COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. Ioannidis Seconded by Councillor S. Marsh “That the report of the Community and Infrastructure Services Committee dated September 25, 2017 be adopted.” Councillor Z. Janecki requested that Clause 3 of the Community and Infrastructure Services Committee report be voted on separately. Clause 3 – Carried, on a recorded vote In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. Ioannidis, F. Etherington and P. Singh. Contra: Councillor Z. Janecki. Absent: Councillor J. Gazzola Balance of Report – Carried. 7. COMMITTEE REPORTS – HERITAGE KITCHENER Moved by Councillor B. Ioannidis Seconded by Councillor P. Singh “That the balance of the report of Heritage Kitchener dated September 25, 2017 be adopted.” Carried. 8. UNFINISHED BUSINESS – NIL COUNCIL MINUTES SEPTEMBER 25, 2017 -157 - CITY OF KITCHENER 9. NEW BUSINESS – NIL 10. QUESTIONS AND ANSWERS – In response to questions, Ms. C. Fletcher, Interim Executive Director – Infrastructure Services, agreed to endeavor to investigate maintenance of boulevards with respect to grass and weed removal. 11. BY-LAWS (FIRST READING) – Moved by Councillor D. Schnider Seconded by Councillor S. Marsh “That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to exempt certain lots from Part Lot Control – Block 3, Registered Plan 58M-290 - Templewood Drive. b. Being a by-law with respect to regulating work on city roads. c. 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. d. 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 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 D. Schnider Seconded by Councillor S. Marsh “That the by-laws be given third reading, namely: a. Being a by-law to exempt certain lots from Part Lot Control – Block 3, Registered Plan 58M-290 - Templewood Drive. (By-law No. 2017-097) b. Being a by-law with respect to regulating work on city roads. (By-law No. 2017-098) SEPTEMBER 25, 2017 COUNCIL MINUTES _158 - CITY OF KITCHENER C. 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. To confirm all actions and proceedings of the Council, (By-law No. 2017-099) (By-law No. 2017-100) be taken as read a third time, be finally passed and numbered serially by the Clerk," Carried. On, motion, the meeting adjourned at 9:28 p.m. IUTAYC7RC1K r COUNCIL MINUTES SEPTEMBER 25, 2017 -159- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — That Community Services Department report CSD -17-069 Kitchener Growth Management Strategy — 2017 Annual Monitoring Report be received and submitted to the Regional Municipality of Waterloo in fulfilment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region of Waterloo regarding delegated approval authority. That the terms set out in Community Services Department report CSD -17-079 be approved for the animal services and dog licensing contract with the Animal Welfare Agency South Central Ontario and direct staff to prepare a contract in accordance with such terms as well as the terms set out in Council's resolution dated June 26, 2017 which authorizes execution of such agreement; and, That the Mayor and Clerk be authorized to execute an amendment to the Animal and Dog Control and Pound Services Agreement dated January 1, 2014 with the Animal Welfare Agency South Central Ontario to remove the requirement for the Humane Society to remit $209,335. from 2016 dog licensing proceeds to the City; and further, That staff be instructed to seek approval of the Director as designated by the Minister of Agriculture, Food and Rural Affairs to change the redemption period for dogs back to the statutory minimum of three days. 3. That an extension of the purchase order to Stantec Consulting Ltd., the South Kitchener District Park (Phase 1) in the amount of $355,000. plus H.S.T. be approved, as outlined in Infrastructure Services Department report INS -17-071. (Carried on a recorded vote) 4. That the Uniform Traffic Bylaw be amended to prohibit parking at any time on the south (odd - numbered) side of Old Chicopee Drive between Kenora Drive and a point 35 metres east thereof, as outlined in Infrastructure Services Department report INS -17-072. 5. That the Uniform Traffic Bylaw be amended to permit parking for three (3) consecutive hours on the west (even -numbered) side of Blackhorne Drive from McLennan Park Gate to Laurentian Drive, as outlined in Infrastructure Services Department report INS -17-073. 6. That the City of Kitchener acknowledge that The Waterloo Region District School Board proposes to name a private street within a mixed use development located at 800 Fairway Road North, as outlined in Community Services Department report CSD -17-082; and further, That the City's Legal Services be directed to proceed with the required advertising, preparation and registration of the necessary By-law(s) for the naming of the private street. 7. That the Mayor and Clerk be authorized to execute agreements pursuant to Section 37(3) of the Planning Act satisfactory to the City Solicitor, for the purpose of securing the provision of facilities, services or matters given to the municipality in return for increases in the height and density of development pursuant to Section 37(1) of the Planning Act, as outlined in Community Services Department report CSD -17-084. 8. That the request of The Love Shop to operate an Adult Entertainment Parlour at 2399 Kingsway Drive be approved subject to obtaining the appropriate Minor Variance or Zone Change, as outlined in Finance and Corporate Services Department report FCS -17-148. 9. That an intersection narrowing be installed on Doon Mills Drive at Waterford Court, as outlined in Infrastructure Services Department report INS -17-062; and, That a chicane be installed on Doon Mills Drive 20 metres east of Pine Valley Drive; and, That a raised narrowing be installed on Doon Mills Drive approximately 150 metres east of Pine Valley Drive at the trail crossing; and, COUNCIL MINUTES SEPTEMBER 25, 2017 -160 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 9. (Cont’d) That a roadway narrowing be installed on Doon Mills Drive between Sugarmill Court and Woodsmere Drive; and, That parking be prohibited at any time in the immediate area of the chicane, narrowings, and raised narrowing; and further, That the Uniform Traffic By-Law be amended accordingly. 10. That user fees outlined within Infrastructure Services Department report INS-17-067 be referred to the 2018 Operating Budget Process; and, That the Municipal Code be updated to include a new Chapter 890 Work Permit bylaw and that Council Policy #I-1195 “Construction and Work Area Traffic Control Signing” be repealed and replaced by Chapter 890 Work Permit bylaw; and, That staff be directed to bring forward an amendment to Chapter 101 of the City of Kitchener Municipal Code to facilitate enforcement of this proposed work permit bylaw; and further, That a 12 month temporary Traffic Project Coordinator position be referred to the 2018 Operating Budget. HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2017-IV-025 be approved to permit installation of lighting (excluding the crown mirror reflector) on the smokestack located on the property municipally addressed as 195 Joseph Street, in accordance with the plans and supplementary information submitted with the application and described in Community Services Department report CSD-17-078, subject to the following conditions: i. That the final method for mounting the fixtures to the existing brick be submitted to Heritage Planning staff for review and heritage clearance prior to installation of the lighting. ii. That the results of investigating the use of existing conduits or the interior of the smokestack for electrical wiring and equipment be shared with Heritage Planning staff and that the final method be submitted to Heritage Planning staff for review and heritage clearance prior to installation of the lighting. (Dealt with under Delegations and Carried) 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2017-IV-023, as outlined in Community Services Department report CSD-17-077, be approved to permit alterations to the parapet wall above the front entrance and repairs to the masonry of the building located on the property municipally addressed as 45 Woodside Avenue, in accordance with the plans and supplementary information submitted with the application and subject to the following conditions: i. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to issuance of a building permit. ii. That an approximate one foot square test panel in Type N mortar be prepared for review and approval by Heritage Planning staff prior to proceeding with the work. COUNCIL MINUTES SEPTEMBER 25, 2017 -161 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – (CONT’D) 3. That the following recommendation be deferred to the October 16, 2017 Council meeting to allow staff to provide additional information: ‘That, in accordance with Section 27(3) of the Ontario Heritage Act, the written Notice of Intention to Demolish dated August 15, 2017 to demolish the south addition and to remove and relocate the original farmhouse located on the property municipally addressed as 1664 Huron Road, as outlined in Community Services Department report CSD-17-074, be received for information and that the notice period run its course.’ (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES SEPTEMBER 25, 2017 -162 - 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-17-165 – Consent to Sale – 535 Manitou Drive Council considered Finance and Corporate Services Department report FCS-17-165 (L. MacDonald), dated September 18, 2017. It was resolved: “That Council consent to the sale of Part Lot 32, Plan 1489, being Parts 1 and 2 on 58R-7452, Part 1 on 58R-14797 and Part 1 on 58R-5097 (being all of PIN 22617-0142) by Berkshire Building Corporation and that the Chief Administrative Officer be authorized to execute any documentation with respect to providing such consent, said documentation to be to the satisfaction of the City Solicitor.” 3.FCS-17-168 – Sign Variance – 301 Charles Street East Deal with under Delegations. 4.FCS-17-167 – Encroachment Agreement – 120 McBrine Drive Council considered Finance and Corporate Services Department report FCS-17-167 (E. Mogck), dated September 19, 2017. It was resolved: “That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of 120 McBrine Drive for two fibre optic cables enclosed in conduit under the road at McBrine Drive.” 5.FCS-17-162 – Q17-070 Trailer Mounted Drum-Type Brush Chipper Council received Finance and Corporate Services Department report FCS-17-162 (M. Palmer), dated September 15, 2017 as information. 6.In-camera Matter Council considered the following recommendation arising from an in-camera meeting held earlier this date. It was resolved: “That Council approve the terms and conditions contained in the Memorandum of Settlement dated June 26, 2017 to establish the 2017-2019 collective agreement with IATSE Local 357 and further, That the Mayor and Clerk be authorized to execute documentation arising therefrom.”