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HomeMy WebLinkAboutCouncil Minutes - 2019-01-29COUNCIL MINUTES JANUARY 29, 2019 IN11WKS] MN11 to] :1:1►1:1V The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT — The meeting began with the singing of "O Canada". 2. MINUTES — On motion by Councillor P. Singh, the minutes of the regular meeting held December 17, 2018 and special meetings held December 17, 2018 & January 7, 14, 18 & 21, 2019, 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 — 5.a. Consensus of Agriculture 2016 Report for the Region of Waterloo Jeff Stager, Waterloo Federation of Agriculture, presented the Consensus of Agriculture 2016 Report for the Region of Waterloo. 6. DELEGATIONS — Corporate Services Department report COR -19-003 — Fence Variance — 27 Glasgow Street Council considered Corporate Services Department report COR -19-003 (D. Saunderson) listed as Item 2 on the Committee of the Whole agenda dated this date. Moved by Councillor D. Chapman Seconded by Councillor P. Singh "That the application of SEAN GEOBEY and JAY HARRISON (FN 2019-001 - 27 Glasgow Street) requesting permission to construct a 1.8m high wooden fence located 0.6m from the side lot line abutting Gruhn Street rather than the required 1.5m setback, on Part Lots 1, 3 & 4, Plan 387, being Parts 3 & 4 on Reference Plan 58R-8512, 27 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall submit a landscape plan and install the approved plantings to the satisfaction of the Planning Division. That Condition 1 above shall be met no later than August 1, 2019. Any request to a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date noted above. Failure to fulfill these conditions will result in this approval becoming null and void." Carried. Development Services Department report DSD -19-029 — Kitchener Funeral Homes and Crematorium Inc. — 3 Forwell Road Council considered Development Services Department report DSD -19-029 (A. Pinard) listed as Item 10 on the Committee of the Whole agenda dated this date. Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That Council give approval under Section 83(3) of the Funeral, Burial and Cremation Services Act, to establish a Crematorium proposed at 3 Forwell Road, owned by Kitchener Funeral Homes and Crematorium Inc.: and COUNCIL MINUTES JANUARY 29, 2019 -14- CITY OF KITCHENER That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be directed to send a copy of the Council decision to the Provincial registrar and the owner, and that staff also be directed to publish notice of the decision in the Record." Carried. 7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE — January 21, 2019 Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the Finance and Corporate Services Committee report, dated January 21, 2019, be adopted." Carried. 8. UNFINISHED BUSINESS — 8. a. COR -19-010 — Revised Appointments to Kitchener Housing Incorporated and Centre in the Square Boards of Directors for 2018 to 2021 Council considered Corporate Services Department report COR -19-010 (C. Tarling) listed as Item 8.a. on the Council agenda dated this date. The following individuals were nominated for the Centre in the Square Board of Directors: Councillors P. Singh, B. loannidis, S. Davey, D. Schnider and C. Michaud. Councillors P. Singh, B. loannidis, and S. Davey were appointed to the Board of Directors. The following individuals were nominated and appointed to the Kitchener Housing Inc. Board of Directors: Councillors D. Chapman and B. loannidis. Moved by Councillor B. loannidis Seconded by Councillor M. Johnston "That Daryl Dore and Ted Bleaney be appointed to the Board of Directors for Kitchener Housing Incorporated as Community Directors for a three-year term ending November 30, 2021; and, That Barb Blundon and Cassandra O -Brien be appointed to the Board of Directors for Kitchener Housing Incorporated as Associate Directors for a three-year term ending November 30, 2021; and, That Richard Parent be extended as a Community Director for the Board of Directors for Kitchener Housing Incorporated until April 2019; and, That Richard Parent be appointed to the Board of Directors for Kitchener Housing as an Associate Director effective April 2019 for the term ending November 30, 2021; and, That Associate Directors for the Board of Directors for Kitchener Housing Incorporate be given first consideration for vacant Community Director positions; and, That Elizabeth Sproule, Emmanuel Patterson and Jana Gordon be re -appointed to the Board of Directors for Centre in the Square for a second term starting February 1, 2019 and ending December 31, 2021; and further, That Amina Gilani be appointed to the Board of Directors for Centre in the Square for the term starting February 1, 2019 and ending December 31, 2021." Carried. COUNCIL MINUTES JANUARY 29, 2019 _15- CITY OF KITCHENER 9. a. Regional Council Update Mayor B. Vrbanovic informed members of Council that public consultation meetings are being planned to further discuss the potential locations of the supervised consumption sites. He advised the first set of consultations are invitation -only for residents within the immediate vicinity of the proposed sites, with two public meetings to follow. 10. QUESTIONS AND ANSWERS— NIL 11. BY-LAWS (FIRST READING)— Moved EADING)— Moved by Councillor D. Chapman Seconded by Councillor M. Johnston a. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (Amends Schedule A) b. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (Amends Schedule `B) C. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (Amends Schedule `C) d. 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) e. 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) f. 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) g. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (Amends Schedule A) h. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By- law Enforcement. (Amends Schedule A) To confirm all actions and proceedings of the Council. 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. 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." COUNCIL MINUTES JANUARY 29, 2019 -16- CITY OF KITCHENER �ilQLTA IIkiIP1IMil I1V:8:7:1li13&1 Tenders It was resolved: "That the existing contract with Giant Factories Inc., Montreal, Quebec, and A.O. Smith Enterprises Ltd., Fergus, Ontario, for the purchase of Natural Gas and Electric Residential Water Heaters be extended to May 1, 2019." "That the City piggybacks on Guelph Cooperative Tender, Reference Number: 18-175, Supply and Delivery of Entrance Mats, awarding to Swan Dust Control Limited, Waterloo, Ontario, at their tendered unit prices for six (6) months with an option to renew for four (4) additional twelve (12) month terms." PF.Ti eE "That Proposal P18-173 Professional Services - Detailed Design & Contract Administration for Shoemaker Creek Restoration, be awarded to Ecosystem Recovery Inc., Waterloo, Ontario, at their estimated fee of $407,605., including provisional allowances and contingencies of $82,055., plus H.S.T. of $52,988.65 for a total of $460,593.65, provided a satisfactory contract is executed." - and - "That Tender T18-100 Stormwater Management Facility 144 Victoria Park Lake Forebay Sediment Removal, be awarded to R & M Construction, Acton, Ontario, at their tendered price of $431,106.55, including cash allowance and contingencies of $50,000., plus H.S.T. of $56,043.85, for a total of $487,150.40." 2. COR -19-003 — Fence Variance — 27 Glasgow Street; Sign Variances — 70 King Street East and 439 Park Street It was resolved: "That the application of EUROPRO (KITCHENER) GP INC. (SG 2019-001 - 70 King Street East) requesting permission to replace an existing projection sign on the King Street East fapade with another projection sign extending 2.2m from the building wall rather than the maximum 1.5m projection; and, to have internal illumination whereas the By-law permits only external illumination, on Part Lot 1, Plan 364, being Part 3 on Reference Plan 58R-6977, 70 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the Frederick Street fascia sign is removed prior to the issuance of a sign permit for the Goudies Lane sign and that the masonry repairs to both the Frederick Street and Goudies Lane facades are completed to the satisfaction of the Coordinator, Cultural Heritage Planning by October 31, 2019. 2. That the owner shall obtain an encroachment agreement for the portion of the projecting sign extending over City lands on King Street East from the City's Legal Division. 3. That the owner shall ensure the internal illumination of "Joe's" be limited to day night vinyl so the black letters glow white at night; or, as approved by the Manager of Site Development and Customer Service. 4. That the owner shall obtain a sign permit for the proposed signs from the Planning Division. COUNCIL MINUTES JANUARY 29, 2019 -17- CITY OF KITCHENER That the above noted Conditions 1 to 5 shall be fulfilled no later than October 31, 2019. 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 the decision. Failure to fulfill these conditions will result in this approval becoming null and void. - and - That the application of JO -ANN MALHOTRA (SG 2019-002 - 439 Park Street) requesting permission to replace the existing sign with a ground -supported sign on a property having a width of 11.5m rather than the required 15m; and, to permit third -party advertising whereas the By-law does not permit third -party advertising, on Part Lot 36, Plan 217, 439 Park Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Building Division. That the subject application is approved if, and only if, 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. That Condition 1 shall be completed prior to June 30, 2019. 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." (27 Glasgow Street — Dealt with under Delegations and Carried) 3. COR -19-004 — Encroachment Request — St. Kateri Tekakwitha C.E.S. It was resolved: "Subject to staff comments, that the Mayor and Clerk be authorized to execute two Encroachment Agreements, both satisfactory to the City Solicitor, first for the benefit of the Waterloo Catholic District School Board to expand an existing parking lot on the City's property adjacent to the School Board lands at 560 Pioneer Drive, and second, to the City's benefit for the formalization of an existing City trail network encroachment on the School Board's lands at 560 Pioneer Drive." 4. COR -19-005 — Encroachment Request — 49 Overland Drive — Storm Sewer It was resolved: "Subject to staff comments, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of 49 Overland Drive for the placement of a storm sewer and headwall on the City's property." 5. COR -19-006 — Encroachment Request — Waterloo Region Bus Shelters It was resolved: "Subject to staff comments, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the Region of Waterloo for the placement of bus shelter and electrical conduit on the City's road allowance at Block Line near Hanover Street." 6. COR -19-007 — Encroachment Request — 15 Scott Street — Sign and Awning It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the business owner and any mortgagee of the property municipally known as 15 Scott Street to authorize the installation of awnings and signage which will encroach over the City's Scott Street road allowance." COUNCIL MINUTES JANUARY 29, 2019 -18- CITY OF KITCHENER 7. COR -19-009 — Encroachment Request — 475 King Street East — Multiple Features It was resolved: "Subject to staff comments and approval, that the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of the property municipally known as 475 King Street East to authorize the installation of multiple encroaching features, all of which will project over the City of Kitchener's King Street East, Madison Avenue South and Cameron Street South road allowances." 8. COR -19-008 — Appointments to Property Standards and Compass Kitchener Committees It was resolved: "That Roberto Villamar and Melissa Bowman be appointed to Compass Kitchener; and, That Mike Pulley be appointed to the Property Standards Committee." 9. INS -19-001 — Natural Gas Storage & Transportation Contract with Enbridge Gas Inc. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with Enbridge Gas Inc. pertaining to natural gas storage and transportation (" T3 Contract") effective April 1, 2019, for a three year term ending on March 31, 2022; and the said agreement is to be satisfactory to the City Solicitor, as outlined in INS Report INS -19-001." 10. DSD -19-029 — Kitchener Funeral Homes and Crematorium Inc. — 3 Forwell Road (Dealt with under Delegations and Carried) C. FOR INFORMATION 11. FIN -19-005 — Summary of Bid Solicitations Approved by the Director of Supply Services or Designate (October 1, 2018 — December 31, 2018) Financial Services department report FIN -19-005 (M. Fisher), dated January 11, 2019 was received as information. 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 D. Chapman Seconded by Councillor M. Johnston "That the by-laws be given third reading, namely: a. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2019-006) COUNCIL MINUTES JANUARY 29, 2019 -19- CITY OF KITCHENER b. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2019-007) C. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2019-008) d. 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. 2019-009) e. 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. 2019-010) f. 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. 2019-011) g. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2019-012) h. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. To confirm all actions and proceedings of the Council. (By-law No. 2019-013) (By-law No. 2019-014) be taken as read a third time, be finally passed and numbered serially by the Clerk." Q_ MAYOR On motion, the meeting adjourned at 6:11 p.m. Carried. COUNCIL MINUTES JANUARY 29, 2019 -20- CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE — JANUARY 21, 2019 1. That the Mayor and Clerk be authorized to execute a funding agreement, subject to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD - 18 -163, with the Ontario Business Improvement Area Association (OBIAA) for the Digital Main Street program to be delivered by the City of Kitchener's Waterloo Region Small Business Centre. 2. That for the fiscal year 2019, 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 Financial Services Department report FIN -19-003, be redistributed to those organizations as intended by the donor. 3. That the list of proposed Neighbourhood Associations attached to Community Services Department report CSD -19-001, be approved for affiliation for the year 2019 and added to the City of Kitchener's third party liability insurance program. 4. That the Uniform Traffic By-law be amended for the installation of an all -way stop at the intersection of Seabrook Drive and Woodbine Avenue, as outlined in Development Services Department report DSD -19-004. 5. That the City of Kitchener 2019 Business Plan Project List, as outlined in Appendix 'B' to Chief Administrator's Office report CAO -19-001 be approved, subject to budget deliberations; and, That staff be directed to include Affordable Housing in the 2019 Business Plan; and, That staff be directed to collaborate in partnership with Kitchener Housing Inc. and other community partners, on ways to achieve increasing the supply of affordable housing in the City; and further, That staff be directed to bring forward Affordable Housing as a possible priority item for consideration during the 2019-2022 Strategic Planning Process. That Mary Neil be appointed as the 2019 City of Kitchener Artist -in -Residence as recommended by the Public Art Working Group and Arts and Culture Advisory Committee; and further, That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with Mary Neil, outlining the obligations of the Artist -in -Residence appointment, as outlined in Development Services Department report DSD -19-003. That the Mayor and Clerk be authorized to sign an agreement, subject to the satisfaction of the City Solicitor, as outlined in Corporate Services Department report COR -19-001, with Signum Wireless to enter a land lease agreement for the purpose of installation of a telecommunications tower at 1440 Huron Road; and further, That the annual revenue from this land lease agreement be used to fund Digital Kitchener initiatives equally split between funding for community facing technology investments and funding to support internal digital transformation initiatives.