HomeMy WebLinkAboutCouncil Minutes - 2019-10-07COUNCIL MINUTES
OCTOBER 7, 2019 CITY OF KITCHENER
The Council of the City of Kitchener met this date at 7:00 p.m. with all members present, except
Councillors P. Singh and B. loannidis.
1. COMMENCEMENT —
Land Acknowledgement was given by the Mayor.
The meeting began with the singing of "O Canada".
2. MINUTES —
On motion by Councillor C. Michaud, the minutes of the regular meeting held September 23, 2019 and
special meeting held September 30, 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. KW4 Ontario Health
Dr. Joseph Lee, Dr. Mohamed Alarakhia and Mr. Bruce Lauckner, KW4 Ontario Health Team, were in
attendance to provide an overview of the new "Ontario Health Team" program, recently established by
the Province of Ontario. Dr. Lee advised Kitchener is located within an area designated as KW4, which
includes 31 organizations that are signatories to the KW4 Ontario Health Team, intended to create a
seamless integrated health system within the Region.
5. b. Current Drug Crisis
Mr. Julien Ichim was in attendance to present a summary of his views related to the current drug opioid
crisis. He requested consideration be given to identifying vacant buildings within Downtown Kitchener
to allow the establishment a community drop-in space, which would assist in the drug and housing
crisis.
Mr. Joseph Wonnechuk expressed concerns with the closure of the Out of the Cold Program and lack
of temporary housing options.
Mayor B. Vrbanovic requested Mr. Ichim and Mr. Wonnechuk consider attending a Community Services
Committee meeting at the Region of Waterloo as delegations.
6. DELEGATIONS
6. a. Hollybrook 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 residential development as Hollybrook Crescent, listed
as items 11.e. and 14.e.
6. b. Unregistered Delegation - 2020-2029 Long Term Financial Plan
Ms. Barbara Robinson addressed Council regarding Clause 3 of the Finance and Corporate Services
Committee report regarding the 2020-2029 Long Term Financial Plan (LTFP) in opposition to a possible
tax levy. She expressed concerns with the public engagement opportunities within the City's overall
budget process.
Councillor S. Davey brought forward an amendment, seconded by Councillor M. Johnston to amend
recommendation 7.2 outlined in the LTFP to use a 2 year Consumer Price Index (CPI) (past and
current) as a benchmark for assessing annual property tax increases related to base service increases,
rather than a 3 year CPI (past, present, future).
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Councillor S. Davey brought forward a further amendment, seconded by Councillor M. Johnston to
include as part of the LTFP, that staff be directed to report back with options dedicating a portion of the
revenue from future assessment growth to address infrastructure needs of aging facilities; and, that
staff bring forward further options related to unallocated hydro -savings of approximately
$500,000./annually (commencing in 2022) to address facility infrastructure debts.
Councillor D. Chapman brought forward an amendment, seconded by Councillor J. Gazzola to amend
Clause 3 of the Finance and Corporate Services Committee report to amend paragraph 1 to state
"received" rather than "endorsed" and paragraph 2 to state "consider" rather than "incorporate".
Councillor M. Johnston brought forward a motion, which was seconded by Councillor C. Michaud, to
refer consideration of Councillor Davey's amendment related to recommendation 7.2 outlined in the
LTFP to the 2020 budget process
Moved by Councillor S. Davey
Seconded by Councillor D. Schnider
"That Clause 3 the Finance and Corporate Services Committee report, dated September 30,
2019 be adopted, as further amended this date."
M. Johnston referral — LOST, on a recorded vote.
In Favour: Councillor M. Johnston.
Contra: Mayor B. Vrbanovic and
Councillors D. Schnider, C. Michaud, D.
Chapman, J. Gazzola, K. Galloway-
Sealock, S. Marsh and S. Davey.
Absent: Councillors P. Singh and B.
loannidis.
S. Davey Amendment 7.2 - Carried, on a recorded
vote.
In Favour: Mayor B. Vrbanovic and
Councillors M. Johnston, C. Michaud, D.
Schnider, S. Davey, K. Galloway-
Sealock and S. Marsh.
Contra: Councillors D. Chapman and J.
Gazzola.
Absent: Councillors P. Singh and B.
loannidis.
S. Davey Amendment - Carried, on a recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors M. Johnston, D. Schnider, S.
Davey and S. Marsh.
Contra: Councillors D. Chapman, C.
Michaud, J. Gazzola and K. Galloway-
Sealock.
Absent: Councillors P. Singh and B.
loannidis.
D. Chapman Amendment — LOST, on a recorded
vote.
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OCTOBER 7, 2019 -165- CITY OF KITCHENER
In Favour: Councillors D. Chapman and
J. Gazzola.
Contra: Mayor B. Vrbanovic and
Councillors D. Schnider, C. Michaud, M.
Johnston, K. Galloway-Sealock, S.
Marsh and S. Davey.
Absent: Councillors P. Singh and B.
loannidis.
Balance — 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 and S. Davey.
Contra: Councillor J. Gazzola.
Absent: Councillors P. Singh and B.
loannidis.
7. REPORTS OF COMMITTEES - FINANCE AND CORPORATE SERVICES COMMITTEE -
SEPTEMBER 30, 2019.
It was requested Clause 4 of the Finance and Corporate Services Committee report be voted on
separately.
In response to questions, Ms. Denise McGoldrick, General Manager, Infrastructure Services
Department, agreed to provide additional information on the City's current gas supply purchase rate.
Moved by Councillor S. Davey
Seconded by Councillor D. Schnider
"That Clause 4 the Finance and Corporate Services Committee report, dated September 30,
2019 be adopted."
Carried.
Moved by Councillor S. Davey
Seconded by Councillor D. Schnider
"That the balance of Finance and Corporate Services Committee report, dated September 30,
2019 be adopted."
Carried.
7. REPORTS OF COMMITTEES -COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE
- SEPTEMBER 30, 2019.
With regards to Clause 6 of the Community and Infrastructure Services Committee report, Councillor
S. Marsh requested staff endeavor to refrain from using the word "customer" within staff reports.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor D. Schnider
"That the Community and Infrastructure Services Committee report, dated September 30, 2019
be adopted."
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OCTOBER 7, 2019 -166- CITY OF KITCHENER
Carried.
7. REPORTS OF COMMITTEES - PLANNING AND STRATEGIC INITIATIVES COMMITTEE -
SEPTEMBER 30, 2019.
Moved by Councillor S. Marsh
Seconded by Councillor D. Chapman
"That the Planning and Strategic Initiatives Committee report, dated September 30, 2019 be
adopted."
Carried.
7. REPORTS OF COMMITTEES - HERITAGE KITCHENER COMMITTEE — OCTOBER 1, 2019.
It was requested Clause 3 of the Heritage Kitchener Committee report be voted on separately.
Councilor Chapman questioned whether it would be appropriate to bring forward an amendment
requesting the establishment of a salvage plan for the property municipally addressed as 40 College
Street, outlined in Clause 3 of the Report.
Mr. J. Readman, General Manager, Development Services Department, advised the interior of the
building has a significant amount of mold and water damage and would be unworthy of preservation.
Councillor J. Gazzola noted he had spoken with the By-law Enforcement Division who consulted with
the City's Legal Division and they advised the City had limitations on what they were permitted to do
with regards to the subject property. He stated staff were prepared to look into it further prior to
demolition.
Moved by Councillor J. Gazzola
Seconded by Councillor D. Chapman
"That the Heritage Kitchener Committee report, dated October 1, 2019 be adopted."
Carried.
8. UNFINISHED BUSINESS - NIL
9. NEW BUSINESS - NIL
9.a. Regional Council Update - NIL
10. QUESTIONS AND ANSWERS - NIL
11. BY-LAWS (FIRST READING) -
Council agreed to the request of Mr. J. Bunn, Manager, Council and Committee Services and Deputy
Clerk, to add three additional by-laws arising from the Committee Reports including: Renewal of
Temporary Use By-law for K -W Working Centre for the Unemployed — 87 Victoria Street North; Being
a by-law to change the name of Chapel Hill Crescent to Chapel Hill Drive in the City of Kitchener; and,
a by-law to allow the City to enter into a heritage covenant for the property municipally addressed as
883 Doon Village Road, for the relocation and conservation of an accessory building known as the Hog
and Hen House.
In response to questions, Ms. L. MacDonald, City Solicitor, advised By-law c) related to parking
prohibitions in fire routes is an update to include additional streets with new fire routes for enforcement.
She indicated Arthur Place was not included within the By-law.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor C. Michaud
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OCTOBER 7, 2019 -167- CITY OF KITCHENER
That leave be given the Mover and Seconder to introduce the following by-laws, namely:
a) To further amend By-law 2010-190, being a by-law to prohibit unauthorized parking of motor
vehicles on private property.
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. 88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon.
d) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect
to Appointment of Staff.
e) Being a by-law to name a private road as Hollybrook Crescent, in the City of Kitchener.
f) To confirm all actions and proceedings of the Council.
g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener— K -W Working Centre for the Unemployed — 87 Victoria Street North
h) Being a by-law to change the name of Chapel Hill Crescent to Chapel Hill Drive in the City
of Kitchener
i) Being a by-law to allow the City to enter into a heritage covenant with the owner of the lands
described as Biehn's Tract Part Lot 2, Plan 1445 Block 1, and currently municipally
addressed as 883 Doon Village Road, for the relocation and conservation of a small
accessory building known as the Hog and Hen House
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 C. Michaud as Chair.
Councillor M. Johnston left the meeting at this time.
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
It was resolved:
"That Tender T19-137 Chain Link Fencing, Silt Fencing, Guard Rails, Bollards and
Related Services, be awarded to Imperial Fence Inc., Scotland, Ontario, at their tendered
price of $288,358., plus H.S.T. of $37,486.54, for a total of $325,844.54, for a one (1)
year term, with an option to renew for two (2) additional twelve (12) month terms."
- and -
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OCTOBER 7, 2019 -168- CITY OF KITCHENER
"That Tender T19-171 Liquid Snow and Ice Control Organic Based Performance
Enhancer, be awarded to Innovative Surface Solutions Canada, Ajax, Ontario, at their
tendered price of $50,400., plus H.S.T. of $6,552., for a total of $56,952., for a one (1)
year term, with an option to renew for two (2) additional twelve (12) month terms."
- and -
"That Tender T19-019 Testing, Removal and Disposal of Excess Aggregate,
be awarded to Peritus Environmental Consultants Inc., Breslau, Ontario, at their tendered
price of $274,320.66, plus H.S.T. of $35,661.69, for a total of $309,982.35, for a one (1)
year term, with an option to renew for two (2) additional twelve (12) month terms."
2. COR -19-039 - 2020 Council and Standing Committee Schedule
A motion was brought forward by Councillor S. Marsh to amend the 2020 Council and Standing
Committee Schedule to schedule a Council meeting on Monday, April 27, 2020, rather than Monday,
April 20, 2020, which was voted on and was Carried.
Mayor B. Vrbanovic brought forward a motion to amend the 2020 Council and Standing Committee
Schedule to schedule the Council meeting proposed on Monday October 5, 2020 at 4:00 p.m. rather
than the regularly scheduled started time of 7:00 p.m., which was voted on and was Carried.
It was resolved:
"That the 2020 Meeting Schedule attached to Corporate Services Department report
COR -19-039, be approved as amended, as the 2020 schedule of Council and Standing
Committee meetings; and further,
That Council be permitted to amend the calendar as necessary by resolution."
I[GIN :7:1as] :iIle] 21:I:KKe]diIkhININI:I :Eel 21:I47Ao'Eel 1I:E
On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair.
Moved by Councillor C. Michaud
Seconded by Councillor D. Chapman
"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 K. Galloway-Sealock
Seconded by Councillor C. Michaud
"That the by-laws be given third reading, namely:
a) To further amend By-law 2010-190, being a by-law to prohibit unauthorized parking of motor
vehicles on private property.
(By-law No. 2019-115)
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. 2019-116)
C) 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. 2019-117)
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OCTOBER 7, 2019 -169- CITY OF KITCHENER
d) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect
to Appointment of Staff.
(By-law No. 2019-118)
e) Being a by-law to name a private road as Hollybrook Crescent, in the City of Kitchener.
(By-law No. 2019-119)
f) To confirm all actions and proceedings of the Council.
(By-law No. 2019-120)
g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — K -W Working Centre for the Unemployed — 87 Victoria Street North
(By-law No. 2019-121)
h) Being a by-law to change the name of Chapel Hill Crescent to Chapel Hill Drive in the City
of Kitchener
(By-law No. 2019-122)
Being a by-law to allow the City to enter into a heritage covenant with the owner of the lands
described as Biehn's Tract Part Lot 2, Plan 1445 Block 1, and currently municipally
addressed as 883 Doon Village Road, for the relocation and conservation of a small
accessory building known as the Hog and Hen House
(By-law No. 2019-124)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
MAYOR
On motion, the meeting adjourned at 9:14 p.m.
�t
CLERK
Carried.
OCTOBER 7, 2019
COUNCIL MINUTES
-170-
CITY OF KITCHENER
FINANCE AND CORPORATE SERVICES COMMITTEE — SEPTEMBER 30, 2019.
That the 2019 Employee Culture Survey results, as outlined in Corporate Services Department
report COR -19-043, be received; and further,
That staff be commended for both their level of participation in the survey and their ongoing
commitment to providing our residents and businesses with excellent customer service.
That staff be directed to report annually on the state of the City's infrastructure, as outlined in
Financial Services Department report FIN -19-078.
That the 2020-2029 Long -Term Financial Plan be endorsed, as further amended this date; and
further,
That staff be directed to incorporate the recommended actions as part of the annual business
planning and budget process, as outlined in Financial Services Department report FIN -19-079.
Dealt with under Delegations, Carried as amended.
That Kitchener Utilities' natural gas rates be approved as proposed in Appendix 'A' to
Infrastructure Services Department report INS -19-015, for all Kitchener delivery customers
effective November 1, 2019.
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — SEPTEMBER 30, 2019
That parking be prohibited on the west (even -numbered) side of Duchess Avenue from Dunbar
Road to Marina Road, as outlined in Development Services Department report DSD -19-184;
and,
That parking be reinstated on the east (odd -numbered) side of Duchess Avenue all year round
from Dunbar Road to Marina Road; and,
That parking be prohibited on the south (odd -numbered) side of Marina Road from Glasgow
Street to a point 88 metres east thereof; and further,
That the Uniform Traffic Bylaw be amended accordingly.
2. That the Uniform Traffic Bylaw be amended for a parking prohibition on both sides of Lansdowne
Avenue West from Wentworth Avenue to the end of Lansdowne Avenue West, as outlined in
Development Services Department report DSD -19-205.
3. That staff proceed with the preparation and registration of a by-law to rename, in its entirety, the
portion of the street shown as "Chapel Hill Crescent", legally described as Chapel Hill
Crescent PLAN 58M-627, located at the intersection with Robert Ferrie Drive in the Doon South
Community, to "Chapel Hill Drive", as outlined in Development Services Department report DSD -
19 -229.
4. That the Mayor and Clerk be authorized to execute a one-year extension, subject to the
satisfaction of the City Solicitor, with the Regional Municipality of Waterloo, for the City of
Kitchener to provide summer and winter maintenance services on selected Regional roads
within the City of Kitchener, as outlined in Infrastructure Services Department report INS -19-
016.
5. That staff be directed, as outlined in Community Services Department report CSD -19-027, to
proceed with an online system to request, issue and track overnight parking exemptions.
6. That the proposal for on -demand multi -language interpretation support at a total cost of
$101,700 ($81,700 operating/$20,000 capital), as outlined in Community Services Department
report CSD -19-029, be referred to the 2020 budget process for consideration.
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OCTOBER 7, 2019 - 171 - CITY OF KITCHENER
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — SEPTEMBER 30, 2019
(CONT'D)
7. That the process and fees for reviewing and approving variances to the Fence By-law and Sign
By-law be revised, as outlined in Development Services Department report DSD -19-226; and,
That Legal Services staff be directed to prepare the necessary by-laws to amend Chapter 630,
Article 13 of the Municipal Code (Fence By-law) and Chapter 680, Article 26 of the Municipal
Code (Sign By-law) to reflect the revised variance processes; and further,
That Legal Services staff be directed to prepare the necessary by-laws to amend Chapters 375
and 380 of the Municipal Code to implement the new rates for Fence and Sign By-law variance
requests.
PLANNING AND STRATEGIC INITIATIVES COMMITTEE — SEPTEMBER 30, 2019
1. That the Kitchener Growth Management Plan Fall 2019 to Fall 2021, as outlined in Development
Services Department report DSD -19-206, be approved.
2. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13,
as amended, and By-law 2002-164 of the City of Kitchener, as amended, hereby grants draft
approval to Condominium Application 30CDM-19204 for 800 Fairway Road North in the City of
Kitchener, subject to the conditions as amended, outlined in Development Services Department
report DSD -19-188 as Appendix 'A'.
3. That application ZBA19/007/V/CD (The KW Working Centre of the Unemployed), for the purpose
of renewing temporary use provision 13T, for a maximum of three additional years, to permit the
habitation of two existing structures which are accessory to the residential care facility located
on the subject property (87 Victoria Street North), be approved in the form shown in the
"Proposed By-law" dated August 28, 2019, attached to Development Services Department report
DSD -19-190 as Appendix 'A'.
HERITAGE KITCHENER COMMITTEE — OCTOBER 1, 2019
That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2019-V-
026 be approved, as outlined in Development Services Department report DSD -19-227 to permit
the demolition of an existing shed on the property municipally addressed as 6 Ellen Street West;
and further,
That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2019-V-
027 be approved to permit the construction of a shed on the property municipally addressed as 6
Ellen Street West, in accordance with the plans and supplementary information submitted with the
application.
That the draft by-law dated October 7th, 2019, attached to Development Services Department
report DSD -19-228, to allow the City to enter into a heritage covenant with the owner of the lands
municipally addressed as 883 Doon Village Road, for the conservation of a former Hog and Hen
House, be adopted.
That, in accordance with Section 27(3) of the Ontario Heritage Act, the Notice of Intention
to Demolish received on September 23, 2019 regarding the property municipally addressed
as 40 College Street, be received for information and that the notice period run its course; and that
the City arrange to have 40 College Street properly documented through photographs prior
to any demolition activity, as outlined in Development Services Department report DSD -19-234.