HomeMy WebLinkAboutCouncil - 2018-01-29Kell] I:N10khIlki Lei I*?
JANUARY 29, 2018 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 F. Etherington, the minutes of the regular meeting held December 11, 2017
and special meetings held December 11, 2017 & January 8, 2018, 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 — NIL
5. PRESENTATIONS — NIL
6. DELEGATIONS —
6.a. Dangerous Dog Designation — Gaudet
Council considered Finance and Corporate Services Department report FCS -17-203 (J. Rodrigues),
dated December 11, 2017.
Mr. Edmund Gaudet, Appellant, attended in opposition to the Dangerous Dog Designation applied to
his dog `Koda', outlined in Report FCS -17-203, listed as Item B.2 on the Committee of the Whole
agenda.
Moved by Councillor Y. Fernandes
Seconded by Councillor J. Gazzola
"That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms.
Kristine Gaudet and Mr. Edmund Gaudet, wherein the Committee substitutes the Dangerous
Dog Designation applied to their dog `Koda' by the Animal Welfare Agency South Central
Ontario and assigns the Designation of Potentially Dangerous along with conditions for
keeping of said dog, be ratified and confirmed."
Carried.
6.b. Storm Water Management Ponds — Winter Recreational Activities
Mr. Donald Roberts was in attendance to speak in support of allowing winter recreational activities on
storm water management ponds.
Ms. Heather MacCuaig was in attendance to speak in support of allowing winter recreational activities
on storm water management ponds. Ms. MacCuaig spoke to the sense of community and pride the
ponds have added to the neighbourhood.
Mr. Brett Mulligan was in attendance to speak in support of allowing winter recreational activities on
storm water management ponds. Mr. Mulligan noted in his opinion, the ponds are a safer
environment for children than most of the local parks, as the ponds are supervised by neighbouring
residents. He further noted the City of Toronto, Vaughan and Saskatoon are examples of cities that
allow winter recreational activities on storm water management ponds.
In response to questions, Mr. Justin Readman, Interim Executive Director, Infrastructure Services,
noted the City has 154 storm water management ponds and outlined four safety concerns related to
winter recreational use of the ponds in particular but not limited to: water levels may drop causing an
unsafe air gap between the ice caused by drainage outlets located on the bottom of the ponds; unlike
natural ponds and rivers, storm water management ponds can have multiple inlets which allow high -
chloride or contaminated water designed to melt ice specifically, potentially causing unknown
weaknesses in the ice surfaces; thaw cycles can cause fluctuations in ice thickness day-to-day; and,
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JANUARY 29, 2018 -21- CITY OF KITCHENER
debris (hockey nets, sticks, etc.) left on the ice may fall through and block the drainage outlets
causing risks of flooding in surrounding neighborhoods.
In response to questions, Ms. Lesley MacDonald, Interim DCAO, Finance and Corporate Services,
and Director of Legal Services/City Solicitor, recommended Council resolve into an in -camera session
in order to receive legal advice relating to the use of storm water management ponds for winter
recreational activities.
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That an in -camera meeting of City Council be held to consider a matter subject to
solicitor -client privilege."
Carried Unanimously.
An amendment was introduced by Councillor Y. Fernandes, seconded by Councillor Z. Janecki,
directing staff to review the use of storm water ponds for winter recreational activities and report back
to Council on the feasibility of creating a policy around winter use.
Councillor Fernandes' amendment was voted on and was LOST on a recorded vote with Councillors
J. Gazzola, S. Marsh, D. Schnider, Z. Janecki, and Y. Fernandes voting in favour; and, Mayor B.
Vrbanovic, and Councillors K. Gal loway-Sealock, S. Davey, B. loannidis, F. Etherington, and P. Singh
voting in opposition.
An amendment was introduced by Councillor D. Schnider, seconded by Councillor B. loannidis,
directing staff to bring forward costing for increased winter rink facilities, possible locations, and the
maintenance costs associated with increase winter rink facilities.
Councillor Schnider's amendment was voted on and was Carried on a recorded vote with Mayor B.
Vrbanovic, and Councillors S. Marsh, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B.
loannidis, F. Etherington, and P. Singh voting in favour; and, Councillors J. Gazzola, and Z. Janecki
voting in opposition.
Mr. Dan Chapman, Chief Administrative Officer, suggested, and it was agreed, the main motion
should be amended to include a notation allowing amendments to the business plan throughout the
year if necessary.
Moved by Councillor S. Davey
Seconded by Councillor D. Schnider
"That the City of Kitchener 2018 Strategic Action Plan outlined in Appendix `B' to Chief
Administrator's Office report CAO -17-027 be approved, as amended, with the understanding that
future amendments to the business plan would be permissible."
Carried Unanimously, as amended, on a recorded vote.
Fence Variance — 197 Simeon Street
Ms. Carolyn Vander Schaaf, was in attendance to respond to any questions arising from the
recommendation from the January 16, 2018 Committee of Adjustment meeting to approve the
application submitted by Ms. Schaaf for a fence variance at 197 Simeon Street, listed as Clause 3
under Item B.3. of the Committee of the Whole.
Moved by Councillor B. loannidis
Seconded by Councillor P. Singh
"That the application of Carolyn Vander Schaaf (FN 2018-001 - 197 Simeon Street) requesting
permission to legalize an existing wood fence having a height of 2.2m to be located 0.5m from
the lot line abutting Cameron Street rather than the required 4.5m; and, to be located within the
Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the
DVT, on Lot 59, Plan 284, 197 Simeon Street, Kitchener, Ontario, BE APPROVED, subject to
the following conditions:
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JANUARY 29, 2018 -22- CITY OF KITCHENER
That the owner shall ensure wooden fence boards obstructing visibility within the
Driveway Visibility Triangle (DVT) are removed, creating openings for visibility as per
the two elevation drawings included with Application FN 2018-001. This measure shall
be completed by April 30, 2018.
2. That the owner shall ensure openings in the fence as detailed in Condition 1 be
maintained in perpetuity; otherwise this decision becomes null and void."
Carried.
6.c. Community Services Department Report CSD -17-104 — Ever After Music Festival
Mr. Rob Mattacchione was in attendance to speak in opposition to the recommendation as outlined in
Community Services Department report CSD -17-104, listed as Clause 6 under the Community and
Infrastructure Services Committee report dated January 8, 2018.
An amendment was introduced by Councillor Y. Fernandes, seconded by Councillor J. Gazzola,
proposing the concert end at 9:30 p.m. on Sunday.
Councillor Fernandes' amendment was voted on and was LOST on a recorded vote with Councillors
J. Gazzola, Y. Fernandes, K. Galloway-Sealock, B. loannidis, and P. Singh voting in favour; and,
Mayor B. Vrbanovic, and Councillors S. Marsh, D. Schnider, Z. Janecki, S. Davey, and F. Etherington
voting in opposition.
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor S. Marsh
"That Clause 6 of the Finance and Corporate Services report dated January 8, 2018 be
adopted."
In Favour: Mayor B. Vrbanovic and
Councillors, J. Gazzola, S. Marsh, D. Schnider,
K. Galloway-Sealock, S. Davey, B. loannidis,
and P. Singh.
Contra: Councillors Z. Janecki, Y. Fernandes
and F. Etherington.
Carried, on a recorded vote.
6.d. 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.
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor P. Singh
"That Tender T17-089 Charles & Benton Parking Garage Repairs, be awarded to Birchcliff
Construction Ltd., at their tendered price of $144,375., plus H.S.T. of $18,768.75, for a total of
$163,143.75."
EFFI E
"That Proposal P17-123 Waterworks Repair Services, be awarded to J. Weber Contracting
Ltd., Breslau, Ontario, at their proposed unit prices, for a one (1) year term, with an option to
renew for four (4) additional twelve (12) month terms."
-and-
"That Tender T17-144 Supply and Install Snow and Ice Removal Equipment, be awarded to
Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $146,125., plus H.S.T. of
$18,996.25, for a total of $165,121.25."
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JANUARY 29, 2018 -23- CITY OF KITCHENER
Carried.
7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor S. Marsh
"That the balance of the report of the Community and Infrastructure Services Committee report
be adopted."
Carried.
8. UNFINISHED BUSINESS —
8.a. 2018 Strategic Action Plan
Dealt with as Item 6.b. under delegations.
9. NEW BUSINESS —
9.a. Kitchener Public Library
Councillor S. Marsh has given notice that she will introduce a motion for consideration this date to urge
the Province of Ontario to reinstate adequate and appropriate funding for local libraries, increasing each
year going forward in line with the Consumer Price Index.
It was suggested and agreed to remove federal Members of Parliament and the Federation of Canadian
Municipalities from the resolution as libraries are not within their jurisdiction. It was further agreed to
include the Premier and official leaders of the opposition parties in the Ontario Legislative Assembly to
the list of recipients within the resolution.
Moved by Councillor S. Marsh
Seconded by Councillor K. Galloway-Sealock
WHEREAS public libraries provide safe, inclusive, and vibrant community spaces where
everyone is welcome to learn, work, connect, and have fun; and,
WHEREAS the Kitchener Public Library engages with the community and contributes to a
culture of social good by sharing knowledge and resources; and,
WHEREAS the Kitchener Public Library continues to seek funding opportunities through donor
development and sponsorships to increase services and expand programming outside of their
core funding; and,
WHEREAS in 2017 the Kitchener Public Library continues to have a limited resource budget
despite an increase in new cardholders by 20 percent, an increase in their social media
presence by 34 percent, and the establishment of the Heffner Studio, a new digital studio
space, which expanded their services by 72 percent within their existing budgets; and further,
WHEREAS the Kitchener Public Library continues to manage public resources with the utmost
care and are committed to the sustainability of their services;
THEREFORE BE IT RESOLVED that the City of Kitchener urges the Province of Ontario to
recognize the contribution of local libraries within their communities and to cease the 20 year
budget freeze to local libraries in an acknowledgement to the services they offer to all
residents; and,
BE IT FURTHER RESOLVED that the City of Kitchener urges the Province of Ontario to
reinstate adequate and appropriate funding for local libraries, increasing each year going
forward in line with the consumer price index; and,
BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Premier of Ontario,
Leaders of Opposition parties in the Ontario Legislative Assembly, Minister of Tourism,
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JANUARY 29, 2018 -24- CITY OF KITCHENER
Culture, and Sport, to the Ontario Minister of Municipal Affairs, to the local MPP's, to the
Association of Municipalities Ontario, to the Ontario Library Association, to the Federation of
Ontario Public Libraries, and to the Region of Waterloo and local area municipalities.
Carried Unanimously, on a recorded vote.
10. QUESTIONS AND ANSWERS — NIL
11. BY-LAWS (FIRST READING) —
Council agreed to the request of Ms. C. Tarling, City Clerk, to add one additional by-law for three
readings this date regarding the removal of a Holding Provision 18HSR concerning 62 Daniel Avenue.
Moved by Councillor S. Marsh
Seconded by Councillor K. Galloway-Sealock
"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. (Amends By-law 88-171 to add or delete areas
of jurisdiction)
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. (Amends By-law 2008-117 to add or delete areas of
jurisdiction)
C. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking
of motor vehicles on private property. (Amends By-law 2010-190 to add or delete areas
of jurisdiction)
d. 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. (Amends the
Uniform Traffic By-law)
e. Being a by-law to amend the Responsible Dog Ownership By-law 2014-138. Amends
By-law 2014-138 to add or delete areas of jurisdiction and to make the by-law a part of
the Municipal Code)
f. Being a by-law to amend the Dog Designation By-law 2014-142. (Amends By-law 2014-
142 to add or delete areas of jurisdiction and to make the by-law a part of the Municipal
Code)
g. Being a by-law to exempt certain lots from Part Lot Control - Part Lots 70 to 87 inclusive
and Part Lots 92 to 116 inclusive, Registered Plan 58M-606 - 70-118 Watermill Street.
(To create access easements to accommodate 47 street -fronting townhouse units.
h. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener - 2291523 Ontario Inc. - 751 Ottawa Street South. (To follow Ontario
Municipal Board Order dated November 6, 2017 and December 14, 2017 for OMB File
No. PL 170749.)
i. To confirm all actions and proceedings of the Council.
j. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Lara and Milan Kovacevic - 62 Daniel Avenue."
Carried.
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On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
B. Vrbanovic appointed Councillor F. Etherington as Chair.
12.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."
Carried.
12. B. Administrative Reports —
Various Tenders
Dealt with as Item 6.d. under Delegations.
2. FCS -17-203 — Dangerous Dog Designation Appeal — Gaudet
Dealt with as Item 6.a. under Delegations.
3. FCS -18-005 — Sign Variances — 25 Breithaupt Street and 431 Highland Road West
— Fence Variance — 197 Simeon Street
Council considered the balance of Finance and Corporate Services Department report
FCS -18-005 (D. Saunderson), dated January 17, 2018.
It was resolved:
"That the application of Perimeter Development Corporation (SG 2017-018 - 25
Breithaupt Street) requesting permission to install a roof -top sign having a sign
area of 23.62 sq.m. rather than the permitted maximum area of 10 sq.m.; to
permit one letter on the sign to extend beyond the roof line whereas the By-law
does not permit signs to extend beyond the perimeter of the building; and, to
allow the proposed support structures for the sign to be fully visible whereas the
By-law requires all support structures to be screened, on Lots 206-207, Part Lots
204, 205 & 208, Plan 376 & Part Lot 33, Streets & Lanes, being Parts 2 to 5 on
Reference Plan 58R-17207, 25 Breithaupt Street, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
That the owner shall obtain a sign permit from the Planning Division.
2. That Condition 1 shall be completed prior to August 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 these conditions will result in this approval
becoming null and void.
3. That the owner shall ensure the sign is located at least 3m (horizontally
and vertically) from the Kitchener -Wilmot Hydro Inc. overhead line.
-and -
That the application of McDonald's Restaurants of Canada Ltd. (SG 2018-001 -
431 Highland Road West) requesting permission to remove and replace a
ground -supported sign having a height of 9.14m rather than the permitted
maximum height for a ground -supported sign of 7.5m, on Part Lot 38, Registered
Plan 786, being Part 2 on Reference Plan 58R-1089, 431 Highland Road West,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
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JANUARY 29, 2018 -26- CITY OF KITCHENER
That the owner shall obtain a sign permit from the Planning Division.
2. That the owner shall complete Condition 1 prior to September 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 these conditions will result in
this approval becoming null and void."
Carried.
13. Report of the Committee of the Whole —
On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the
Chair.
Moved by F. Etherington
Seconded by D. Schnider
"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) —
Councillor Z. Janecki requested that by-law `14.h' to amend By-law 85-1, as amended, known as the
Zoning By-law of the City of Kitchener - 2291523 Ontario Inc. - 751 Ottawa Street South, be voted on
separately.
Moved by Councillor S. Marsh
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. 2018-005)
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. 2018-006)
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. 2018-007)
d. 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. 2018-008)
e. Being a by-law to amend the Responsible Dog Ownership By-law 2014-138.
f. Being a by-law to amend the Dog Designation By-law 2014-142.
(By-law No. 2018-009)
(By-law No. 2018-010)
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JANUARY 29, 2018 -27- CITY OF KITCHENER
g. Being a by-law to exempt certain lots from Part Lot Control - Part Lots 70 to 87 inclusive
and Part Lots 92 to 116 inclusive, Registered Plan 58M-606 - 70-118 Watermill Street.
(By-law No. 2018-011)
h. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener - 2291523 Ontario Inc. - 751 Ottawa Street South.
(By-law No. 2018-012)
i. To confirm all actions and proceedings of the Council.
(Bylaw No. 2018-013)
j. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Lara and Milan Kovacevic - 62 Daniel Avenue.
(By-law No. 2018-014)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
By -Law 14.h (Zoning by-law — 751 Ottawa Street
South) — Carried, on a recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors, J. Gazzola, S. Marsh, D. Schnider,
K. Galloway-Sealock, S. Davey, B. loannidis,
F. Etherington, and P. Singh.
Contra: Councillors Z. Janecki, and Y.
Fernandes.
Balance of By-laws -- Carried.
Carried.
On motion, the meeting adjourned at 10:23 p.m.
... /
AYOR C RK
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REPORTS ADOPTED BY COUNCIL
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — JANUARY 8, 2018
That the following applicants be appointed to the Grand River Accessibility Advisory
Committee (GRAAC) for a 4 -year term ending December 31, 2021, 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, as outlined
in Community Service Department report CSD -18-001:
Name
Location
New or Reappointment
Ben Benninger
Township of North Dumfries
New
Rhonda -Marie Parke
City of Kitchener
New
Staff Representation
Independent Living Centre of
Waterloo Region
New
Sharon Giles
CitV of Kitchener
Reappointment
Dawn Clelland
City of Kitchener
Reappointment; and
further,
That Andrew Tutty, Mike Shipley and Brenda Robinson be reappointed for an additional year
ending December 31, 2018.
2. That Zone Change Application ZC17/016/D/CD (62 Daniel Avenue) for the purpose of
removing Holding Provision 18HSR from the lands specified on the attached Map No.1, in the
form shown in the `Proposed By-law' dated November 22, 2017, attached to Community
Services Department report CSD -18-003 as Appendix A', be approved.
3. That the revised Council Policy 1-1080 (Performance Securities), attached to Community
Services Department report CSD -17-102 as Appendix A', be approved.
4. That the list of proposed Neighbourhood Associations, as attached to Community Services
Department report CSD -18-002, be approved for affiliation for the year 2018 and added to the
City of Kitchener's third party liability insurance program.
5. That the Community Engagement Policy listed as attached to Chief Administrator's Office
report CAO -17-026 as Appendix `A', be approved.
6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
for Ever After Music Festival, to be held at Bingemans on June 8, 9 and 10, 2018, between the
hours of 5:00 p.m. and 11:00 p.m. on the Friday evening, 11:00 a. m. and 11:00 p.m. on the
Saturday evening, and 11:00 a.m. and 9 p.m. on the Sunday evening, as outlined in
Community Services Department report CSD -17-104. This exemption is subject to the
following conditions, which, if not complied with, will render the noise exemption null and void:
a) There shall be no offensive language, in the opinion of City staff, generated from this
music festival, audible in any adjacent residential neighbourhood.
b) The event organizers will ensure that there is an on-site contact person
accessible to correspond with City staff at all times during the event.
c) The event organizers agree to respond accordingly to requests from City staff,
during the event, in order to address community concerns that may arise with
regard to the impact of noise heard within adjacent residential areas.
d) The maximum decibel level audible (dBA) from a residential area shall not exceed 55
dBA.
e) The event organizer will be responsible for the cost of a paid -duty Noise Officer, to be
assigned specifically to this event which shall be paid in full prior to the event.'
(Dealt with under Delegations and Carried)