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HomeMy WebLinkAboutCouncil Minutes - 2019-09-23COUNCIL MINUTES SEPTEMBER 23, 2019 CITY OF KITCHENER The Council of the City of Kitchener met this date at 7:01 p.m. with all members present. 1. COMMENCEMENT — The meeting began with the singing of "O Canada". 2. MINUTES — On motion by Councillor K. Galloway-Sealock, the minutes of the regular meeting held August 26, 2019 and special meeting held August 26, 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 Acknowledgements of receipt of Council's resolution regarding consumer packaging and single -use disposable wipes, from various municipalities. 5. PRESENTATIONS - 5. a. Kitchener Public Library Ms. Mary Chevreau, Kitchener Public Library was in attendance to provide an overview of the pricing and embargos from major publishers on e -content faced by Canadian libraries. She requested Council support the Kitchener Public Library in lobbying Members of Parliament, as well as candidates from all parties in the Federal Election 2019, to improve Canadian Copyright and Fair Access to e -content. Councillor S. Marsh has given notice that she will introduce the following motion for consideration this date regarding lobbying the Federal government to improved equity and access to e -content for local libraries, listed as Item 9.a. under New Business. Moved by Councillor S. Marsh Seconded by Councillor K. Galloway-Sealock "WHEREAS the Kitchener Public Library plays a vital role in our community; WHEREAS vulnerable demographic groups, including seniors, low income families, youth, and new Canadians rely on access to libraries as an important tool for their participation in the community; WHEREAS local library users increasingly seek to access digital publications offered by multinational publishers, and that access to those publications are too often curtailed by prohibitively high licensing fees, embargos, or entirely denied to Canadian libraries; WHEREAS local libraries must be in a position to offer digital publications to ensure all citizens are able to contribute and participate in the digital age, particularly given the contemporary rapid pace of digitization of educational and cultural materials; THEREFORE BE IT RESOLVED that the City of Kitchener declares its support for the Canadian Urban Libraries Council / Conseil des Bibliotheques Urbaines du Canada (CULC/CBUC) in its efforts to increase access to digital publications for library users in the City of Kitchener and across Canada; BE IT FURTHER RESOLVED that the City of Kitchener urges the Federal government to investigate the barriers faced by libraries in acquiring digital publications and the problems that poses for vulnerable demographic groups in Canada; BE IT FURTHER RESOLVED that the City of Kitchener requests that Federal government to develop a solution that increases access to digital publications across Canada and assists libraries in meeting the cost requirements to acquire digital publications; and, COUNCIL MINUTES SEPTEMBER 23, 2019 -153- CITY OF KITCHENER BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Minister of Tourism, Culture, and Sport, to the Ontario Minister of Municipal Affairs, to the local MP's and MPP's, to the Federation of Canadian Municipalities, 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. 5. b. MT Space Ms. Emily Jung, MT Space was in attendance to provide an overview on the IMPACT Festival 2019 5. c. Municipal Decision-making Mr. John Heig was in attendance to present a summary on his views related to recent municipal decisions. He expressed concerns with the condition of City's urban road network, indicating in his opinion the bicycle lanes installed on Queens Boulevard are underutilized and adversely impacting the road network. He stated less attention should be spent on improving the cycling network when the urban road network requires greater attention and is relied on by a greater number of citizens. 6. DELEGATIONS 6. b. Unregistered Delegations - Bike Lanes on Young Street Councillor M. Johnston has given notice that she will introduce the following motion for consideration this date regarding a reconsideration of the motion approved at the August 26, 2019 Council meeting, related to the installation of bicycle lanes on Young Street, listed as Item 9.b. under New Business. Moved by Councillor M. Johnston Seconded by Councillor S. Marsh "That pursuant to Section 25.7.15 of Chapter 25 of the Municipal Code (Council Procedure), the following motion approved at the August 26, 2019 Council meeting, be reconsidered: That bike lanes be installed on Young Street, between Duke Street West and Weber Street West, as outlined in Development Services Department report DSD -19-185; and, That a southbound contraflow bicycle lane be installed on Young Street, between Weber Street West and Ahrens Street West, and sharrows installed within the northbound travel lane; and, That an eastbound contraflow bicycle lane be installed on Duke Street East, between Cedar Street North and Pandora Avenue North; and, That two hour parking be reinstated on the north side of Duke Street East, between Madison Avenue North and Cameron Street North; and further, That the Uniform Traffic By-law be amended accordingly." Carried with the required 2/3 of the whole of Council, on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, C. Michaud, D. Chapman, M. Johnston, K. Galloway- Sealock, S. Marsh, P. Singh, and B. loannidis. Contra: Councillor S. Davey and J. Gazzola. COUNCIL MINUTES SEPTEMBER 23, 2019 -154- CITY OF KITCHENER Mr. Matthew Rodrigues addressed Council in support of the installation of bicycle lanes on Young Street, listed as Item 9. B. on the Council agenda this date. He stated in his opinion, the staff recommendation outlined in Development Services Department report DSD -19-185 would improve the cycling network, reduce the dependency on vehicles and help to facilitate the vision of the Cycling Master Plan. He requested Council reconsider approving the Staff recommendation as outlined in Report DSD -19-185. Ms. Donna Kuehl addressed Council in opposition to the installation of bicycle lanes on Young Street, listed as Item 9. B. on the Council agenda this date. She stated in her opinion, the installation of bicycle lanes will adversely impact the on -street parking on Young Street. She requested Council approve the motion that was ratified at the August 26, 2019 that would maintain the 7 additional on -street parking spaces. Ms. Melissa Bauman addressed Council in support of the installation of bicycle lanes on Young Street, listed as Item 9. B. on the Council agenda this date. She suggested the recommendation presented by staff in Report DSD -19-185 is the preferred solution for the installation of cycling lanes on Young Street. A motion was brought forward by Councillor M. Johnston, seconded by Councillor S. Marsh to approve the recommendation as outline in Development Services Department report DSD -19-185. Councillor S. Marsh brought forward an amendment, seconded by Councillor K. Galloway-Sealock to direct staff to install seven new 2 -hour free on -street parking spaces within 100m on Hibner Park; and, further, that the free parking spots on Maynard be changed from 1 hour to 2 hour limits. In response to questions, Mr. B. Cronkiite, Director, Transportation Services, advised staff would not require any additional direction to amend the on -street parking time limit on Maynard Avenue. He indicated pending a review, staff would make the change if the increased time was warranted. Councillor Marsh requested and it was agreed, that Clause two of her amendment regarding increasing the time limits for on -street parking from 1 hour to 2 hours on Maynard Avenue be withdrawn. Councillor S. Marsh's amendment regarding the installation of seven new 2 -hour free on -street parking spaces within 100m on Hibner Park was then voted on and Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock and C. Michaud voting in favour; and, Councillor J. Gazzola voting in opposition. The following motion was then voted on and Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors P. Singh, S. Davey, B. loannidis, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock and C. Michaud voting in favour; and, Councillor J. Gazzola voting in opposition. Moved by Councillor M. Johnston Seconded by Councillor S. Marsh "That bike lanes be installed on Young Street, between Duke Street West and Weber Street West, as outlined in Development Services Department report DSD -19-185; and, That a southbound contraflow bicycle lane be installed on Young Street, between Weber Street West and Maynard Avenue, and sharrows installed within the northbound travel lane; and, That an eastbound contraflow bicycle lane be installed on Duke Street East, between Cedar Street North and Pandora Avenue North; and, That two hour parking be reinstated on the north side of Duke Street East, between Madison Avenue North and Cameron Street North; and, That staff be directed to install 7 new on -street parking spaces within 100m of Hibner Park; and further, That the Uniform Traffic By-law be amended accordingly." COUNCIL MINUTES SEPTEMBER 23, 2019 _155- CITY OF KITCHENER Carried 6. a. Bank Swallow Crescent Mayor B. Vrbanovic advised that notice had been given for any member of the public to speak for or against a by-law to name a private road within a vacant land condominium development located at 665 Blair Creek Drive as Bank Swallow Crescent, listed at items 11.e. and 14.e. 7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — SEPTEMBER 9, 2019 Councillor J. Gazzola was requested Clause 5 of the Community and Infrastructure Services Committee report be voted on separately. Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That Clauses 1 to 4 of the Community and Infrastructure Services Committee report, dated September 9, 2019 be adopted." Carried. Mr. J. Joseph, Supervisor, Neighbourhood Development Office, suggested and it was agreed, that the recommendation as outlined in Community Services Department report CSD -19-020 proposing changes to the Neighbourhood Matching Grant program that would restrict neighbourhood groups from applying for a Neighbourhood Matching Grant every two years be removed from the proposed program changes. Councillor C. Michaud brought forward a motion seconded by Councillor P. Singh to amend Paragraph 3 of the recommendation to direct staff to report back with options for the Neighbourhood Matching Grant to increase the funding to $150,000. or $200.000. as part of the 2020 budget process. Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That Clause 5 of the Community and Infrastructure Services Committee report, dated September 9, 2019 be adopted, as amended." Paragraph 3 - Carried, as amended on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, C. Michaud, D. Chapman, M. Johnston, K. Galloway- Sealock, S. Marsh, S. Davey, P. Singh, and B. loannidis. Contra: Councillor J. Gazzola. Balance - Carried. In Favour: Mayor B. Vrbanovic and Councillors D. Schnider, C. Michaud, D. Chapman, M. Johnston, K. Galloway- Sealock, S. Marsh, S. Davey, P. Singh, and B. loannidis. Contra: Councillor J. Gazzola. 8. UNFINISHED BUSINESS - NIL �'>�011ATITA*116*11011:M"W0111 COUNCIL MINUTES SEPTEMBER 23, 2019 -156- CITY OF KITCHENER 9.a. Kitchener Public Library Dealt with under Presentations. 9.b. Bike Lanes on Young Street Dealt with under Delegations. 9.c. 2019 Council/Committee Meeting Schedule The Mayor, requested and it was agreed that an additional Clause be included in the motion to reschedule the Planning and Strategic Initiatives Committee be rescheduled from October 21, 2019 to October 22, 2019, due to the 2019 Federal Election. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "WHEREAS Council approved the 2019 Meeting Schedule on September 16, 2018; THEREFORE BE IT RESOLVED that the November 4, 2019 Regular City Council Meeting be cancelled and a Regular City Council Meeting be scheduled for October 28, 2019 at 7:00 p.m. in Council Chambers; and further; THEREFORE IT BE FURTHER RESOLVED that Planning and Strategic Initiatives Committee be rescheduled from October 21, 2019 to October 22, 2019." Carried. 9.d. Regional Council Update— Mayor B. Vrbanovic provided a Regional Council Update, advising the temporary Safe Consumption site is anticipated to open in the next couple of weeks. 10. QUESTIONS AND ANSWERS — In response to questions, Mr. J. Readman, General Manager, Development Services Department advised staff continue to work on negotiations for land acquisition related to the Traynor -Vanier Light Rail Transit (LRT) pedestrian crossover. He indicated Staff are still projecting an installation date prior to the end of 2019. Staff were requested to present a status update at the next Caucus meeting. 11. BY-LAWS (FIRST READING) — Council agreed to the request of Mr. J. Bunn, Manager, Council and Committee Services and Deputy Clerk, to add an additional by-law for three readings this date regarding establishing part of Oldfield Drive as public highway in the City of Kitchener. Moved by Councillor J. Gazzola Seconded by Councillor S. Marsh 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. 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 person 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. COUNCIL MINUTES SEPTEMBER 23, 2019 -157- CITY OF KITCHENER d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By- law Enforcement. e) Being a by-law to name a private road as Bank Swallow Crescent, in the City of Kitchener. f) To confirm all actions and proceedings of the Council. g) Being a by-law to provide for the establishing and laying out of part of Oldfield Drive as public highway in the City of Kitchener. 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 K. Galloway-Sealock 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." B. ADMINISTRATIVE REPORTS Tenders D. Schnider left the meeting at this time. It was resolved: "That Tender T19-126 One (1) Triple Combination Fire Pumper, be awarded to Metz Fire & Rescue, Guelph, Ontario, at their tendered price in US dollars of $682,529.79, plus H.S.T. of $88,728.87, for a total of $771,258.66 USD." - and - "That Tender T19-146 Two (2) 2.54 m (100") Reel Type Five Plex Light Weight Fairway Mowers, be awarded to Turf Care Products, Newmarket, Ontario, at their tendered price of $118,680., plus H.S.T. of $15,428.40, for a total of $134,108.40." - and - "That Hemson Consulting Ltd., Toronto, Ontario, be the sole source provider of a Community Benefit Charge study and by-law at an estimated cost of $100,000., plus H.S.T. of $13,000., for a total of $113,000., provided a satisfactory contract is executed; and That a budget of $150,000. be established for the Community Benefit Charge study and by-law." 2. COR -19-044 - Encroachment Request: 29 King Street East Awnings It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 29 King Street East to authorize the installation of three (3) awnings which will encroach over the City's King Street road allowance." COUNCIL MINUTES SEPTEMBER 23, 2019 -158- 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. Councillor S. Marsh left the meeting at this time. Moved by Councillor K. Galloway-Sealock Seconded by Councillor J. Gazzola "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 D. Schnider entered the meeting at this time. Moved by Councillor J. Gazzola 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. 2019-106) 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 person with a disability, and the issuing of permits in respect thereof. (By-law No. 2019-107) 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. 2019-108) d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By- law Enforcement. (By-law No. 2019-109) e) Being a by-law to name a private road as Bank Swallow Crescent, in the City of Kitchener. f) To confirm all actions and proceedings of the Council. (By-law No. 2019-110) (By-law No. 2019-111) g) Being a by-law to provide for the establishing and laying out of part of Oldfield Drive as public highway in the City of Kitchener (By-law No. 2019-112) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Councillor S. Marsh entered the meeting at this time. COUNCIL MINUTES SEPTEMBER 23, 2019 -159- CITY OF KITCHENER On motion, the meeting adjourned at 10:02 p.m. ........ ..... ............... ....................... ..................... MAYOR CLERK Jeffrey Raymond James Bunn Deputy City Clerk COUNCIL MINUTES SEPTEMBER 23, 2019 -160- CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — SEPTEMBER 9, 2019 1. That Development Services Department report DSD -19-181 Kitchener Growth Management Strategy 2019 Annual Monitoring Report be received and submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region regarding delegated approval authority. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K- W Oktoberfest Inc. for a series of events being held at various clubs between October 11 and October 19, 2019, as outlined in the letter from K -W Oktoberfest Inc., dated August 21, 2019, attached to Community Services Department report CSD -19-024. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code, as outlined in Community Services Department report CSD -19-025, be granted to Bingemans for their Oktoberfest event being held at 425 Bingeman Centre Drive, between October 11 through October 19, 2019. 4. That Part A of the Urban Design Manual, attached as Appendix 'A' to Development Services Department report DSD -19-189, be approved as amended and adopted into the City's Urban Design Manual to replace the existing Part A and portions of Part B of the City's 2010 Urban Design Manual; and further, That following the approval of Part A of the Urban Design Manual, an implementation plan and monitoring strategy be prepared by staff, with a Monitoring Report submitted biennially to Council beginning in 2021. That the operating and capital budget impacts of continuing Love My Hood beyond 2019, as outlined in Community Services Department report CSD -19-020, be referred to the 2020 budget process; and, That, subject to the 2020 budget process, the Placemaking Challenge grant and Community Garden Grant be consolidated into the Neighbourhood Matching Grant, and the guidelines for the matching grant be updated as outlined in Report CSD -19-020; and further, That staff be directed to report back with options for the Neighbourhood Matching Grant to increase the funding to $150,000. Or $200.000. as part of the 2020 budget process. Carried, as amended.