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HomeMy WebLinkAboutCouncil - 2018-02-26COUNCIL MINUTES FEBRUARY 26, 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 P. Singh, the minutes of the regular meeting held January 29, 2018 and special meetings held January 22, 29 and February 5, 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 a. Flag Request under Policy MUN-FAC-442: • IRL: Irish Real Life Festival — March 9-19, 2018. 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a. Community CarShare (The People's Car Co-operative) Council considered Infrastructure Services Department report INS -18-013 (K. Carmichael), dated February 1, 2018. Mr. Matthew Piggott, Community CarShare, addressed Council in support of the staff recommendation outlined in Report INS -18-013. He provided a brief overview of the CarShare program noting all assets and debts will be sold to Communauto/VRTUCAR. Councillor P. Singh left the meeting at this time. Moved by Councillor S. Marsh Seconded by Councillor Y. Fernandes "That the Mayor and Clerk be authorized to execute the necessary agreements, subject to the satisfaction of the City Solicitor, with Communauto/VRTUCAR for community car sharing services including; • a new parking location agreement and; • the assignment of Community CarShare's outstanding line of credit debt to Communauto/VIRTU CAR." Carried on recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, D. Schnider, Y. Fernandes, K. Gal loway-Sealock, S. Davey, B. loannidis and F. Etherington. Opposition: J. Gazzola, Z. Janecki. Absent: P. Singh. Councillor P. Singh re-entered the meeting at this time. 6.b. Victoria Park Neighbourhood Action Plan Council considered Community Services Department report CSD -18-045 (J. Joseph), dated February 1, 2018. COUNCIL MINUTES FEBRUARY 26, 2018 -33- CITY OF KITCHENER Ms. Melissa Bowman, Victoria Park Neighbourhood Association Board and Ms. Agnes Das Neighbourhood Liaison, presented the Victoria Park Neighbourhood Action Plan, providing ar overview on their vision statement, including a brief summary on how they developed the Action Plan. Moved by Councillor F. Etherington Seconded by Councillor K. Galloway-Sealock "That the Victoria Park Neighbourhood Action Plan be received for information." Carried. Unregistered Delegation - 91 Moore Avenue Moved by Councillor S. Marsh Seconded by Councillor D. Schnider "That pursuant to Section 25.5.5(b) of Chapter 25 of the Municipal Code (Council Procedure), Mr. Ted Parkinson and Mr. Patrick Kramer be permitted to address Council this date regarding a recommendation approved by Council at a Special Council meeting earlier this date regarding 91 Moore Avenue, which was not listed on the Council agenda." Carried. Mr. Ted Parkinson and Mr. Patrick Kramer addressed Council in support of the recommendation approved by Council at a Special Council meeting earlier this date regarding an expression of interest on the future use of the property municipally addressed as 91 Moore Avenue. Unregistered Delegation - Item 13. B. 2. Dangerous Dog Designation Proulx Council considered Finance and Corporate Services Department report FCS -18-013 (J. Rodrigus), dated February 1, 2018. Mr. Aaron Kowall attended to request clarification on the designation and conditions that were approved by the Dog Designation Appeal Committee regarding the dog "Hart", as outlined in Report FCS -18-013. Councillor Y. Fernandes provided an overview of the Committee's decision and conditions imposed; noting the use of a pronged collar is not a condition that was imposed. Mr. Kowall stated he is in support of the recommendation outlined in Report FCS -18-013. Ms. Tracey Potter addressed Council in support of appellant/dog owner, noting she has never seen the dog act or behave aggressively. She indicated it was her understanding Mr. Proulx was pursuing all required measures to prevent future incidents. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Robert Proulx, wherein the Committee affirms the Dangerous Dog Designation and modifies the conditions for the keeping of said dog, be ratified and confirmed." Carried. 6.c Tenders Ms. Michelle Palmer, Director, 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 FEBRUARY 26, 2018 -34- CITY OF KITCHENER Moved by Councillor Y. Fenandes Seconded by Councillor D. Schnider "That Tender T18-012 Garden Avenue and Van Camp Avenue (Highland Road West to Spadina Road West) Road Reconstruction be awarded to Sierra Infrastructure Inc., Woodstock, Ontario, at their tendered price of $1,369,062.24, including provisional items and contingencies of $160,000., plus H.S.T. of $177,978.08, for a total of $1,547,040.32." Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That the Finance and Corporate Services Committee report be adopted." Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Marsh "That the Community and Infrastructure Services Committee report be adopted." Carried. 8. UNFINISHED BUSINESS - NIL ANkiIAhvill!:l1bylkil*I'M Mayor B. Vrbanovic provided an update on items currently under review by Regional Council, stating they are due to receive a report from Regional Staff with a recommendation on safe injection sites. He stated the report has identified Kitchener, Cambridge and possibly a mobile site for consideration. He further advised Council might wish to review the report and possibly approve a recommendation that could be forwarded to the Region for their consideration. Councillor J. Gazzola requested clarification on the status of a pedestrian cross over from the Kingsdale Community to the Fairway Road area. In response to questions, Mr. J. Readman, Interim Executive Director, Infrastructure Services Department advised staff anticipate bringing forward a Report in May 2018. Councillor Gazzola requested this matter be expedited where possible. Councillor K. Galloway-Sealock requested Mayor Vrbanovic continue to lobby Regional Council on the City's behalf to expand public transit routes into newer subdivisions that are currently under serviced. 10. QUESTIONS AND ANSWERS — NIL In response to questions regarding the EverAfter Music Fest and their compliance with the approved Noise exemption, Mr. M. May, Deputy Chief Administrative Officer, Community Services Department, advised if they do not comply with the noise exemption/Noise By-law Enforcement staff would be in a position to lay a charge on the event organizers. 11. BY-LAWS (FIRST READING) — Moved by Councillor F. Etherington Seconded by Councillor S. Marsh "That leave be given the Mover and Seconder to introduce the following by-laws, namely COUNCIL MINUTES FEBRUARY 26, 2018 -35- CITY OF KITCHENER 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. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (Amends Schedule `A' to add or delete the name of a Municipal Enforcement Officer). e. Being a by-law to close part of the public highway known as Rockcliffe Drive, Plan 58M- 568, in the City of Kitchener. (Notice not required, lands used as a temporary turning circle). f. Being a by-law to provide for the stablishing and laying out of part of Rockcliffe Drive and Castlebay Street as public highway in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision Agreement. g. Being a by-law to exempt certain lots from Part Lot Control - Part of Block 2, Registered Plan 58M-234 and Part of Reserve Block 12, Registered Plan 58M-78 - 1170 Fischer - Hallman Road and 1111 Westmount Road, East. (To allow the creation of two lots from one part block for two existing commercial plazas developments, also creation of cross easements for access, surface water flows, construction, services and garbage truck access). h. To confirm all actions and proceedings of the Council. 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 P. Singh 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 — 1. Tenders Dealt with as Item 6.c. under Delegations. 2. FCS -18-013 — Dangerous Dog Designation Appeal — Proulx Dealt with under Delegations. COUNCIL MINUTES FEBRUARY 26, 2018 -36- CITY OF KITCHENER 3. FCS -18-015 — Encroachment Agreement — Business Sign for Good Vibes Juice Co. Over Sidewalk —1 King Street West Council considered Finance and Corporate Services Department report FCS -18-015 (E. Mogck), dated February 15, 2018. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner and any mortgagee(s) of the property municipally known as 1 King Street West to permit a business sign that will project over the City's sidewalk." 4. FCS -18-017 — Appointment to Economic Development Advisory Committee (Term Ending November 30, 2020). Council considered Finance and Corporate Services Department report FCS -18-017 (C. Tarling), dated February 15, 2018. It was resolved: "That Christine Michaud be appointed as the "Office Owner" sector representative for the Economic Development Advisory Committee for the term ending November 30, 2020, as attached to staff report FCS -18-017." 5. FCS -18-020 — Sign Variances — 835 King Street West/40 Green Street and 125 Highland Road East Council considered Finance and Corporate Services Department report FCS -18-020 (D. Saunderson), dated February 21, 2018. It was resolved: `That the application of the GRAND RIVER HOSPITAL CORPORATION requesting permission to install two ground -supported signs fronting onto King Street West, with the first sign (Sign A on the plan submitted with the application) having a height of 5.3m rather than the permitted maximum height of 2m; and, a sign area of 15.35 sq.m. rather than the permitted maximum area of 6 sq.m.; the second sign (Sign B on the plan submitted with the application) having a height of 3.353m rather than the permitted maximum height of 2m; a sign area of 9.71 sq.m. rather than the permitted maximum area of 6 sq.m.; and, will not include the municipal address whereas the By-law requires that all ground -supported signs include the municipal address, on Part Mount Hope Cemetery, Plan 385 and Part Lot Closed Park Street, 835 King Street West/40 Green Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain sign permits from the Planning Division. That the owner shall complete Condition 1 prior to October 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 fulfil these conditions will result in this approval becoming null and void. - and — That the application of the CITY OF KITCHENER requesting permission to legalize an existing ground -supported sign having a height of 6.198m rather than the permitted maximum height of 5.5m; to have a 2.02m clearance from grade rather than the required clearance of 2.44m; to be located in the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; COUNCIL MINUTES FEBRUARY 26, 2018 -37- CITY OF KITCHENER to be located in the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; and, to permit the sign to have non -accessory third -party advertising whereas the By-law does not permit non -accessory third - party advertising, on Part Lot F, Plan 670, 125 Highland Road East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division by May 31, 2018. 2. That the sign is prohibited to have automatic changing copy save and except for the portion of the sign that displays daily fuel prices. 3. That the subject application is approved if and only if the licensing the licensing agreement for the encroachment of the sign onto City property is valid and binding, failure to maintain that agreement will make the decision null and void." 6. INS -18-007— 2017 Ontario Municipal Commuter Cycling Program Execution of Transfer Payment Agreement (Agreement) Council considered Infrastructure Services Department report INS -18-007 (K. Carmichael), dated February 9, 2018. "That the Chief Administrative Officer is hereby authorized to execute on behalf of the Corporation of the City of Kitchener a Transfer Payment Agreement (Agreement) with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario for 2018 funding under the Ontario Municipal Commuter cycling Program (OMCC) with said Agreement subject to the satisfaction of the City Solicitor; and, That The Chief Administrative Officer and/or General Manager, Development Services Department are authorized to execute any and all required documentation on behalf of the Corporation of the City of Kitchener as required by the OMCC for 2018; said documentation subject to the satisfaction of the City Solicitor; and, That the Corporation of the City of Kitchener commits to providing funding equivalent in 2018 to twenty percent of 2018 funding provided to the Corporation of the City of Kitchener under the OMCC; and, That the Corporation of the City of Kitchener commits to implementing projects and spending OMCC 2018 funding in accordance with all provisions specified in the Agreement; and, That the Corporation of the City of Kitchener commits to spending OMCC 2018 - funding only on the following approved projects: • Strasburg Road between Bleams Road and Huron Road; • Stirling Avenue between Mausser Avenue and Russell Street; • Bedford Road between Sydney Street and Courtland Avenue; • Outdoor Bike Parking; and further, That the Corporation of the City of Kitchener commits that it will obtain all required approvals have been obtained for each project prior to use of OMCC funding." 7. INS -18-013— Community CarShare (The People's Car Co-operative Incorporated) Dealt with as Item 6.a. under Delegations. COUNCIL MINUTES FEBRUARY 26, 2018 -38- CITY OF KITCHENER 8. CSD -18-049 — Development Charges Rebate Program Council considered Community Services Department report CSD -18-049 (A. Pinard), dated February 21, 2018. A motion was brought forward by Councillor S. March to amend the Average Market Rate (AMR) maximum to 85% rather than the recommended 125%. Councillor Marsh's amendment was then voted on and LOST. It was resolved: "That the City of Kitchener participate in the Development Charges Rebate Program offered through the Province of Ontario's Fair Housing Plan (2017); and, That the City of Kitchener designate the Housing Service Manager at the Region of Waterloo as program administrator for the City of Kitchener; and further, That the City of Kitchener authorize the Housing Service Manager at the Region of Waterloo to submit an expression of Interest to the Ministry of Housing on behalf of the City of Kitchener." 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 Councillor P. Singh Seconded by Councillor S. Davey "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 F. Etherington Seconded by Councillor S. Marsh "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. 2018-015) 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. 2018-016) 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. 2018-017) d. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. COUNCIL MINUTES FEBRUARY 26, 2018 -39- CITY OF KITCHENER (By-law No. 2018-018) e. Being a by-law to close part of the public highway known as Rockcliffe Drive, Plan 58M- 568, in the City of Kitchener. (By-law No. 2018-019) f. Being a by-law to provide for the stablishing and laying out of part of Rockcliffe Drive and Castlebay Street as public highway in the City of Kitchener. (By-law No. 2018-020) g. Being a by-law to exempt certain lots from Part Lot Control - Part of Block 2, Registered Plan 58M-234 and Part of Reserve Block 12, Registered Plan 58M-78 - 1170 Fischer - Hallman Road and 1111 Westmount Road, East. h. To confirm all actions and proceedings of the Council. On motion, the meeting ad. (By-law No. 2018-021) (By-law No. 2018-022) COUNCIL MINUTES FEBRUARY 26, 2018 -40- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — FEBRUARY 5, 2018 1. That the 2018-2022 Accessibility Plan, as outlined in Community Services Department report CSD -18-018, be approved as the Corporation of the City of Kitchener's Accessibility Plan. 2. That for the fiscal year 2018, donations received by the City of Kitchener on behalf of City - related organizations, namely Minor Sports Groups, Neighbourhood Associations, KW Golf Committee, KW Chamber of Commerce Physicians Recruitment and Advocacy Group, and Tier 1 and Tier 2 grant recipients, as outlined in Finance and Corporate Services Department report FCS -18-007, be redistributed to those organizations as intended by the donor. 3. That an extension of the purchase order be issued to Clevest Solutions Inc. for the mobile workforce management system in the amount of $221,055., plus H.S.T. of $28,737.15, for a total of $249,792.15, as outlined in Infrastructure Services Department report INS -18-004. 4. That staff be directed to begin work on the proposed opportunities for Digital Kitchener in 2018, as outlined in Finance and Corporate Services Department report FCS -18-009. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — FEBRUARY 5, 2018 That parking be prohibited at any time at specific locations along Fallowfield Drive including: • West side of Fallowfield Drive from Britton Place to Brisbane. • Both sides of Fallowfield Drive from Brisbane Drive to a point approximately 80 metres south thereof; • East side of Fallowfield Drive from a point approximately 396 metres south of Block Line Road to approximately 28 metres south thereof; • East side of Fallowfield Drive from a point approximately 515 metres south of Block Line Road to approximately 26 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly, as outlined in Infrastructure Services Department report INS -18-002. That Sumaira Tazeen Shiekh be appointed as the 2018 City of Kitchener Artist in Residence as recommended by Public Art Working Group and Arts and Culture Advisory Committee; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Sumaira Tazeen Shiekh, outlining the obligations of the Artist in Residence appointment, as outlined in Chief Administrator's Office report CAO -18-002. That the Community Energy Investment Strategy for Waterloo Region dated January 10, 2018, attached to Community Services Department report CSD -18-004 as Appendix A', be endorsed. That Infrastructure Services Department report INS -18-001 be received for information regarding 1664 Huron Road heritage house and associated estimated costing; and further, That staff be directed to proceed with "Alternative 2 - Move Intact" of the heritage home for re- use at the South Kitchener District Park. That traffic calming reviews be initiated in 2018, as outlined in Infrastructure Services Department report INS -18-003 for the following roadways: • Patricia Avenue - between Victoria Street South and Highland Road West; • Caryndale Drive - between Biehn Drive to the future extension of Robert Ferrie Drive; and, • Old Chicopee Drive - between Ottawa Street North and River Road East.