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HomeMy WebLinkAboutCouncil - 2018-05-07CK9111LINIaky,llki Lei I*� MAY 7, 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" by Ayla Hobson, MPress Music Studio. 2. MINUTES — On motion by Councillor D. Schnider, the minutes of the regular meeting held April 16, 2018 and special meetings held April 16 & April 30, 2018, 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 tender T18-044 Mausser Avenue (West End to Lorne Avenue) and Stirling Avenue South (Mausser Avenue to Russel Street) Road Reconstruction, listed as Item B.1.ii on the Committee of the Whole agenda dated this date, as members of his family own property in close proximity to the subject lands; accordingly, he did not participate in any discussions or voting regarding that matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS On behalf of Council, Mayor B. Vrbanovic presented Certificates of Achievement to the 2018 My Ideal City participants: • Alice Newell; • Sydney Dorsch; • Laura Knight; • Norah Leis; • Addie Clasper; • Leah Fish; • Carson Moraitis; • Elyssa Ryder; • Jessica Assuncao; • Zoey Kiff; • Michael Persaud; • Tamer Shiekhai; • Nygemah Olembe; and, • Reiner Faulstroh. 6. DELEGATIONS — 6.a. Two -Way All -Day Go Rail Service and High Speed Rail Councillor S. Davey has given notice that he will introduce a motion for consideration this date urging all political parties at the provincial and federal levels governments to remain committed to both Two -Way All -Day GO rail service from Toronto to Kitchener by 2024 and to continue work towards bringing Canada's first High Speed Rail line from Toronto to London by 2025. Mr. Iain Klugman, President and CEO, Communitech, and Mr. Kory Jeffrey, Chief of Staff, Google Canada where in attendance to encourage members of Council to support the Notice of Motion supporting Two -Way All -Day GO Rail Service, listed as Item 9.0 under New Business. It was suggested and agreed that Councillor Davey's Notice of Motion be amended to include the following addition to the ninth paragraph "and municipalities along the proposed Two -Way All -Day GO Rail Service and High Speed Rail route". Moved by Councillor S. Davey Seconded by Councillor B. loannidis COUNCIL MINUTES MAY 7 2018 -78- CITY OF KITCHENER "WHEREAS Two -Way All -Day GO rail service and High Speed Rail will be a key part of unlocking the full potential of the Toronto — Waterloo Innovation Corridor and Southwestern Ontario that will create over 170,000 jobs and add an estimated $17 billion to our nation's Gross Domestic Product; and, WHEREAS Waterloo Region currently has approximately 3,000 job vacancies in the high- tech sector, and Two -Way All -Day GO rail service and High Speed Rail will help our companies attract and retain the talent and business connectivity in the Toronto -Waterloo Innovation Corridor and throughout Southwestern Ontario required to fill those vacancies, create jobs, and succeed globally; and, WHEREAS Two -Way All -Day GO rail service and High Speed Rail will alleviate Highway 401 and other roadway congestion issues coming in and out of our community on a daily basis; and, WHEREAS Two -Way All -Day GO rail service and High Speed Rail will positively impact our environment by reducing approximately 5 million cars off the road; and, WHEREAS we will always advocate for a full -range of medical services available within Waterloo region, Two -Way All -Day GO rail service and High Speed Rail will help our community members access medical centres more reliably and with greater comfort for any highly specialized services; and, WHEREAS the Mayor and Council of the City of Kitchener have approved the Corporate Business Plan which prioritizes "Intergovernmental Relations — Passenger Rail" advocacy for Two -Way All -Day GO rail service and High Speed Rail; and, WHEREAS we will help to ensure that the impact and disruptions caused by the construction and operation of Two -Way All -Day GO rail service and High Speed Rail are assessed and addressed fairly through the phases of consultation and project planning that are being developed; THEREFORE BE IT RESOLVED that the City of Kitchener calls upon all political parties at the provincial and federal levels governments to remain committed to both Two -Way All - Day GO rail service from Toronto to Kitchener by 2024 and to move forward to bring Canada's first High Speed Rail line from Toronto to London in 2025; BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Prime Minister of Canada, leaders of the Ontario Liberal Party, the Ontario Progressive Conservative Party, the Ontario New Democratic Party, and the Green Party of Ontario, the local MP's and MPP's, the Association of Municipalities Ontario, the Region of Waterloo, local area municipalities, and municipalities along the proposed Two -Way All -Day GO rail service and High Speed Rail route." Carried Unanimously on recorded vote. 6.b. Renewal of Memorandum of Understanding with Waterloo Region Economic Development Corporation (WREDC) Mr. T. LaMantia, President and CEO, Waterloo Region Economic Development Corporation (WREDC), was in attendance to answer questions related to the renewal of the Memorandum of Understanding with the Waterloo Region Economic Development Corporation (WREDC) listed as Item B.2 on the Committee of the Whole agenda of this date. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That the City of Kitchener renew the Memorandum of Understanding with the Waterloo Region Economic Development Corporation as outlined in Report DSD -18-012, dated April 11, 2018; and, COUNCIL MINUTES MAY 7 2018 -79- CITY OF KITCHENER That the Mayor and Clerk be authorized to enter into such agreement to renew the Memorandum of Understanding, with such agreement to be satisfactory to the City Solicitor." Carried Unanimously on recorded vote. 6.c. Tenders Mr. J. Lautenbach, Chief Financial Officer, was in attendance to answer questions arising from the balance of the tenders listed as Item B.1 on the Committee of the Whole agenda of this date. In accordance with Councillor Singh's previously declared pecuniary interest, Tender T18-044, listed as Committee of the Whole Item B.1.ii, was voted on separately; and accordingly he did not take part in any discussion or voting regarding that matter. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That Tender T18-055 Dieppe Avenue and Hett Avenue (Blucher Street to Wilhelm Street) Road Reconstruction, be awarded to Terracon Underground Ltd., Brantford, Ontario, at their tendered price of $1,587,154.16, including provisional items and contingencies of $181,950., plus H.S.T. of $206,330.03, for a total of $1,793,484.19." MUM "That Tender T18-002 Shantz Lane (Weber Street to Ross Avenue) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $1,571,421.80, including provisional items and contingencies of $254,385., plus H.S.T. of $204,284.84., for a total of $1,775,706.64." Carried. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor D. Schnider "That Tender T18-044 Mausser Avenue (West End to Lorne Avenue) and Stirling Avenue South (Mausser Avenue to Russel Street) Road Reconstruction, be awarded to Bel -Air Excavating & Grading Ltd., Cambridge, Ontario, at their tendered price of $5,321,834.45, including provisional items and contingencies of $447,300., plus H.S.T. of $691,838.49, for a total of $6,013,672.94." Carried. Pecuniary Interest & Abstention: Councillor P. Singh as he owns property in the subject area. rA:1�li]:i�Y�]�K�]��ildil������K�ldih�il11►1��'/_1►U71►1�:7eF��:i1L�r11:1�y�:��/[y�y Councillor J. Gazzola requested that Clauses 4, 5 and 6 be voted on separately, with the second paragraph of Clause 4, and Clause 6 considered on recorded votes. Councillor Gazzola indicated his desire for a future review of the Brownfield Remediation Program as noted in Clause 6. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor S. Marsh COUNCIL MINUTES MAY 7 2018 -80- CITY OF KITCHENER "That the report of the Community and Infrastructure Services Committee dated April 30, 2018 be adopted" Clause 4 (Paragraph one) — Carried Unanimously Clause 4 (Paragraph two) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors S. Marsh, D. Schnider, K. Galloway-Sealock, S. Davey, F. Etherington and P. Singh. Contra: Councillors J. Gazzola, Z. Janecki, Y. Fernandes and B. loannidis. Clause 6 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Marsh, D. Schnider, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillor Z. Janecki. Clause 5 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors S. Marsh, D. Schnider, K. Galloway-Sealock, S. Davey, B. loannidis, F. Etherington and P. Singh. Contra: Councillors J. Gazzola, Z. Janecki and Y. Fernandes. Balance of Report — Carried rANAOs] :i&Y9]Y9191khIJiININIMI:&20a:1:l11V_TrlQ:/kilo] :1:1k11:1V Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That the report of the Heritage Kitchener Committee dated May 1, 2018 be adopted" Carried Unanimously. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a. Parking on the Apron Councillor Y. Fernandes has given notice that she will introduce this date a motion to reconsider a motion considered at the December 15, 2014 City Council meeting regarding a one year pilot project to permit parking on the boulevard from December 1st to March 31st in Wards 1-4 and Wards 6-10. Councillor Fernandes' motion to reconsider was voted on and was Carried. An amendment was introduced by Councillor B. loannidis, seconded by Councillor S. Davey to strike 11as part of a one year pilot project". COUNCIL MINUTES MAY 7 2018 _811- CITY OF KITCHENER A motion to defer was introduced by Councillor J. Gazzola, seconded by Councillor P. Singh to defer this matter to the August 27, 2018 City Council meeting to allow for public comment on the proposed pilot program. Moved by Councillor Y. Fernandes Seconded by Councillor Z. Janecki "That consideration of the following recommendation, be deferred to the Council meeting of Auqust 27, 2018, to allow for public comment on the proposed pilot program: `That parking on the boulevard (paved area of a driveway between the sidewalk and the curb/road edge), be permitted from December 1st to March 31st as part of a one year pilot project in Wards 1-4 and Wards 6-10'." In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, S. Marsh, D. Schnider, K. Galloway-Sealock, F. Etherington and P. Singh. Contra: Councillors Z. Janecki, Y. Fernandes, S. Davey and B. loannidis. Carried. 9.b. Development Applications Community Engagement Review Mayor B. Vrbanovic left the Chair. Councillor P. Singh assumed the Chair. Mayor B. Vrbanovic has given notice that he will introduce a motion for consideration this date regarding citizen engagement in the development application process. An amendment was introduced by Councillor F. Etherington, seconded by Councillor Y. Fernandes to add the following clause to the motion: "That, until this review is completed and approved by Council, contributions and recommendations already made to the development process through resident involvement in PARTS, RIENS and CRoZBY procedures be considered thoroughly by planners as part of every development project proposed around Light Rail Transit stations and along the LRT route". In response to questions, Mayor B. Vrbanovic clarified that "development applications" include any development application that Council already considers, including Zone Change applications and Official Plan Amendments. Chair P. Singh ruled Councillor F. Etherington's amendment out of order as in his opinion, the main motion speaks to future engagement in the planning process while the amendment seeks input on past development application engagement processes. Chair Singh also noted possible legal concerns with Council reviewing past development applications where decisions have already been made. Moved by Mayor B. Vrbanovic Seconded by Councillor B. loannidis "WHEREAS the City of Kitchener's Strategic Plan is committed to creating more opportunities for citizen dialogue on community issues and introduce new ways for people to get involved in decisions that affect them; THEREFORE BE IT RESOLVED as a matter of priority in the City's comprehensive Development Review, which is scheduled to begin later this year, staff be directed to complete a full review of the City's communications and community engagement procedures for development applications; and further, THAT staff be directed to report back to City Council with recommendations to improve the development process, including resident awareness, understanding, and engagement with those applications." COUNCIL MINUTES MAY 7 2018 -82- CITY OF KITCHENER In Favour: Mayor B. Vrbanovic, and Councillors S. Marsh, D. Schnider, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. loannidis and P. Singh. Contra: Councillors J. Gazzola and F. Etherington. Carried. Councillor P. Singh left the Chair. Mayor B. Vrbanovic assumed the Chair. 9.c. Two -Way All -Day Go Rail Service and High Speed Rail Dealt with under Delegations. 10. QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Moved by Councillor D. Schnider Seconded by Councillor J. Gazzola 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. 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. C. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 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. e. Being a by-law to assume certain lands within the City of Kitchener as public highway. f. Being a by-law to amend By-law 2016-054 to extend the time period for exemption from Part Lot Control - Part Blocks 3 and 4, Registered Plan 58M-372 - 904, 908, 912, 916 and 920 River Ridge Court). g. 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 D. Schnider Chair. 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." �e1I] kri 1101 P19 Mei I1V :8:l :11 :101 Z4 &1M 1. Tenders Dealt with under Delegations. COUNCIL MINUTES MAY 7 2018 -83- CITY OF KITCHENER 2. DSD -18-012 — Renewal of Memorandum of Understanding with Waterloo Region Economic Development Corporation (WREDC) Dealt with under Delegations. 3. FIN -18-001 — Applications for Cancellation, Refund, Reduction of Taxes — May 7th Hearing It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totalling $1,040,539.28 as attached to Finance and Corporate Services Department report FIN - 18 -001, be approved, pursuant to Section 357 of the Municipal Act." 4. COR -18-002 — Encroachment Request — Shoring Tiebacks — Below Halls Lane and King Street West — Perimeter Developments — 345 King Street West It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the developer of the property municipally known as 345 King Street West to permit shoring and the installation of tiebacks below Hall's Lane and King Street West." 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 D. Schnider Seconded by Councillor S. Marsh "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 J. Gazzola "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. 2018-046) 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. 2018-047) 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. 2018-048) COUNCIL MINUTES MAY 7 2018 -84- CITY OF KITCHENER 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. 2018-049) e. Being a by-law to assume certain lands within the City of Kitchener as public highway. (By-law No. 2018-050) f. Being a by-law to amend By-law 2016-054 to extend the time period for exemption from Part Lot Control - Part Blocks 3 and 4, Registered Plan 58M-372 - 904, 908, 912, 916 and 920 River Ridge Court). (By-law No. 2018-051) g. To confirm all actions and proceedings of the Council. (By-law No. 2018-052) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:55 p.m. ..-.... ....--. AYOR ERK COUNCIL MINUTES MAY 7, 2018 -85- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — APRIL 30, 2018 That the City of Kitchener acknowledge that Mattamy (Monarch) Limited proposes to name a private street as Waterbrook Lane within the proposed multiple residential development currently addressed as 70 Watermill Street, as outlined in Development Service Department report DSD -18-013; 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. That the City of Kitchener acknowledge that Reid's Heritage Homes Ltd. proposes to name a private street within a multiple residential development located at 1000 Lackner Boulevard, as outlined in Development Services Department report DSD -18-001; and, 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; and further, That the City of Kitchener grant an exemption to Council Policy MUN-PLA-1035, `Emergency Access Policy', in regards to the multiple residential development proposed on the lands municipally addressed as 1000 Lackner Boulevard, to allow a Fire Access Route and Emergency Access Route having lengths greater than 150 metres provided that: a) All buildings are sprinklered to NFPA13 or 13R; b) That Direct -to -Fire Alarm Monitoring be installed for buildings with the principal entrance beyond 150 metres distance from Lackner Boulevard; c) That the development utilize a divided highway fire access approach whereby a two lane unobstructed fire route (separated by a centre boulevard). The Primary Fire Access Route shall have a minimum width of 6.0 metres (unobstructed), and the Secondary Fire Access Route shall have a minimum width of 4.0 metres (unobstructed); and, d) Fire route signage will be added to the site along the limit of the Fire Route. Such signage is to be situated not more than 30 metres apart and adjacent to the fire route and in front of all primary accesses to each building. That the Uniform Traffic By-law be amended to prohibit parking from January 1 to March 31 on the north (even -numbered) side of Ardelt Avenue from Hanson Avenue to a point 26 metres east thereof, as outlined in Development Services Department report DSD -18-015. That subject to the satisfaction of the City Solicitor, the Chief Administrative Officer or designate be authorized to execute a renewal of the Master Licence of Land for Public Recreational Purposes Agreement with Ontario Infrastructure and Lands Corporation (as agent for Her Majesty the Queen in right of Ontario as represented by the Minister of Economic Development, Employment and Infrastructure) for the portion of the hydro transmission corridor lands in the City of Kitchener used for public recreational purposes; and further, That the Chief Administrative Officer be delegated authority to sign future renewals and/or amendments of the Master Licence of Land for Public Recreational Purposes Agreement subject to the satisfaction of the City Solicitor, as outlined in Infrastructure Services Department report INS -18-022. (Paragraph 2 Carried on a recorded vote) That Vanier Drive be approved for sidewalk infill as per the Sidewalk Infill Policy attached to Infrastructure Services Department report INS -15-051 approved by Council June 1, 2015; and, That existing speed humps be maintained along Vanier Drive from Walton Avenue to Shelley Drive; and, That on -street bicycle lanes be installed on both sides of Vanier Drive from Walton Avenue to Shelley Drive; and, COUNCIL MINUTES MAY 7, 2018 -86- CITY OF KITCHENER That on -street parking be removed from the east side (even numbered houses) of Vanier Drive from Walton Avenue to Shelley Drive; and further, That the Uniform Traffic Bylaw be amended accordingly, as outlined in Development Services Department report DSD -18-008. (Carried on a recorded vote) That the Brownfield Remediation Program Application for 1011 Homer Watson Boulevard, received from 1869071 Ontario Inc. dated May 28, 2015 be approved, subject to the Region of Waterloo's approval; and, That in exchange for a completed and filed Record of Site Condition for the subject property, the owner will be provided a phased tax incremental grant on the phased redevelopment of the property in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment applied on the basis of the Block parcels of land created by the Plan of Subdivision; and, That the City Tax Increment be defined as the difference between the City portion of real property taxes for the 2015 taxation year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) determined for each Block following completion of the redevelopment of each Block, as compensation for the remediation of the above subject property; and, That the maximum annual City property tax grant is estimated at $773,953.00; and, That the Region of Waterloo be circulated a copy of any decision made by Kitchener City Council regarding this application; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the Regional Municipality of Waterloo and 1869071 Ontario Inc., to implement the provisions of the Brownfield Remediation Program for 1011 Homer Watson Blvd, as outlined in the Development Services Department report DSD -18-011. (Carried on a recorded vote) That Mayor and Council support the 2018 Dropbike Inc. pilot; and further, That the Mayor and Clerk be authorized to execute the necessary agreements, satisfactory to the City Solicitor, with Dropbike Inc. for a one year pilot bikesharing program, as outlined in Development Services Department report DSD -18-009. HERITAGE KITCHENER — MAY 1, 2018 That staff be permitted to install two interpretative signs in Victoria Park near the forebay and the outlet generally in the locations as presented at the Heritage Kitchener meeting on May 1, 2018, which would inform the residents about the lake and its maintenance requirements.