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HomeMy WebLinkAboutCouncil Minutes - 2020-06-22 SSPECIAL COUNCIL MINUTES JUNE 22, 2020 CITY OF KITCHENER A special electronic meeting of City Council was held in the Council Chamber at 1:07 p.m. this date, chaired by Mayor B. Vrbanovic with all members present. Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. I Ll ITIFA LTA 1:11Mill LTA 1;121191►[e1_ll,1j1:Is] :7P�A_vjIIQLl Moved by Councillor M. Johnston Seconded by Councillor S. Marsh "That an in -camera meeting of City Council be held to consider two matters subject to solicitor - client privilege." Carried. The meeting then recessed at 1:10 p.m. and reconvened at 3:30 p.m. Chaired by Mayor B. Vrbanovic with all members present, except Councillor P. Singh. Mayor B. Vrbanovic began the meeting with a statement acknowledging the land as the traditional territory of the Neutral, Anishinaabe and Haudenosaunee Peoples. ESSENTIAL WORKERS DAY Council considered Councillor C. Michaud's Notice of Motion regarding Essential Workers Day. Moved by Councillor C. Michaud Seconded by Councillor K. Galloway-Sealock "WHEREAS the Province of Ontario enacted a Declaration of Emergency on March 17th, 2020 in response to the COVID-19 Worldwide Pandemic; and, WHEREAS in response to the COVID-19 pandemic, the Province of Ontario and the City of Kitchener have declared a state of emergency under the Emergency Management and Civil Protection Act; and, WHEREAS citizens are asked to isolate at home to reduce the spread of COVID-19 as essential workers continue to work and provide an essential service to their community; and, WHEREAS essential workers across the country are risking their lives; and, WHEREAS some essential workers have been stricken with illness, suffered trauma or injury, or lost their lives as a result of providing an essential service; and, WHEREAS without this dedicated workforce, essential services, including but not limited to, healthcare, police, fire, paramedics, military, social services, community services, food distribution, agriculture, postal and delivery services, education, security, transit, financial services, hospitality, commerce, manufacturing, construction, maintenance and repair, waste management, sanitation services, government, and administrative services would fail to function; and, WHEREAS our community owes a profound debt of gratitude to every single essential worker who ensured our community could continue to operate; NOW THEREFORE, on behalf of Kitchener residents, the Council of the City of Kitchener extends their heart -felt appreciation and gratitude to all essential workers for their vital efforts and sacrifices during the COVID-19 pandemic; and, BE IT FURTHER RESOLVED that the City of Kitchener encourages the Government of Ontario and the Government of Canada to declare March 17 to be Essential Workers Day to honour all of the essential workers who sacrificed so much during the COVID-19 pandemic; and, SPECIAL COUNCIL MINUTES JUNE 22, 2020 -64- CITY OF KITCHENER BE IT FINALLY RESOLVED that this resolution be forwarded to municipalities within the Region of Waterloo; the Association of Municipalities of Ontario; the Federation of Canadian Municipalities; and the Local Members of Federal and Provincial Parliament." Carried. 3. ELECTRONIC MEETING PARTICIPATION PROCEDURAL AMENDMENT Council considered Councillor S. Davey's Notice of Motion regarding the extension of permissions for electronic meeting participation for all Committees of Council, Quasi -Judicial Committees and Advisory Committees during the declared emergency. In response to a question from Council, staff stated further detail would be shared via email about the procedural handling of this matter. Moved by Councillor S. Davey Seconded by Councillor S. Marsh "WHEREAS the World Health Organization declared COVID-19 a pandemic on March 11, 2020, the Province of Ontario declared a state of emergency on March 17, 2020 and both the Region of Waterloo and the City of Kitchener declared states of emergency on March 25, 2020; and, WHEREAS, as a response to the COVID-19 pandemic, the City of Kitchener as of March 18, 2020, has closed, or restricted public access, to city facilities; and, WHEREAS on March 23, 2020, City Council adopted temporary provisions permitting electronic meeting participation for all meetings of Council (special council and caucus) only during a declared emergency; and, WHEREAS Section 238 of the Municipal Act permits municipal Councils to amend their Procedural By-laws to allow for electronic meeting participation in a meeting which is open to the public; and, WHEREAS the Council of the City of Kitchener deems it desirable to temporarily extend permissions to conduct all meetings electronically where possible and to support the facilitation of City business while adhering to COVID-19 precautions established by public health authorities; THEREFORE IT BE RESOLVED THAT City Council temporarily extends permissions for electronic meeting participation for all Committees of Council, Quasi -Judicial Committees and Advisory Committees only during the declared emergency; THEREFORE IT FINALLY BE RESOLVED that a by-law be considered for three readings to amend the City of Kitchener Municipal Code Chapter 25 (Procedure) to further extend approval on a temporary basis for electronic participation for all Committees of Council, Quasi -Judicial Committees and Advisory Committees." Carried. 4. COMMUNITY OUTREACH PROGRAM Council considered Mayor Vrbanovic and Councillor M. Johnston's Notice of Motion regarding a review of the Community Outreach Program. Councillor P. Singh joined the meeting. Council discussed the public feedback received regarding the program, the importance of inclusivity and equality, volunteer demographics, and the voluntary nature of the program. Council further discussed the history of the program, review and improvement of the program, connection to the Black Lives Matter movement, and staff capacity. In response to a question, staff confirmed a third -party would conduct the review. Moved by Councillor M. Johnston Seconded by Councillor B. loannidis SPECIAL COUNCIL MINUTES JUNE 22, 2020 -65- CITY OF KITCHENER "WHEREAS a Community Outreach Program has provided mentorship opportunities to more than 1300 youth in our community over the past 20+ years; and, WHEREAS following this month's Black Lives Matter march in Downtown Kitchener, concerns have been raised about the program from a cross-section of residents, including residents of the African, Caribbean and Black community and organizations; and, WHEREAS the program will be paused in 2020 due to COVID-related public health restrictions; THEREFORE IT BE RESOLVED THAT the City of Kitchener conduct a review of the program which will include engaging program stakeholders (including past participants, program partners and members of the African, Caribbean and Black community) to determine what is working well with the program and what changes should be made going forward; and that the findings of that review and recommendations for any changes be presented to City Council for its consideration no later than the end of January 2021." Carried. FIN -20-045 — 2019 AUDITED CONSOLIDATED FINANCIAL STATEMENTS Council considered Financial Services Department report FIN -20-045 (S. Brisbane), dated May 28, 2020, recommending approval of the 2019 Audited Consolidated Financial Statements of the City of Kitchener. Mr. J. Lautenbach, Chief Financial Officer, introduced the 2019 Audited Consolidated Financial Statements and highlighted the City of Kitchener had received an award from the Government Finance Officers Association for the United States and Canada for financial reporting for the 2018 Annual Report. Mr. Lautenbach noted the City's history of surplus. Mr. Lautenbach introduced Tom Mennill of KPMG, who presented the 2019 Audited Consolidated Financial Statements. In response to questions from Council, staff and the auditor discussed materiality, post -employment benefits, cash balance, investments and transfers to reserves. Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That the 2019 Audited Consolidated Financial Statements of the City of Kitchener be approved, as outlined in Financial Services Department report FIN -20-045." Carried. CAO -20-002 — 2ND QUARTER AUDIT STATUS REPORT Council considered Chief Administrator's Office report COR -20-002 (C. Tasker), dated June 2, 2020, providing an update and assurance on internal audit matters. In response to in questions from Council, Ms. C. Tasker, Internal Auditor, spoke to the follow-up undertaken by Procurement and possible future improvements to City purchasing strategy. DSD -20-075 — CITY OF KITCHENER RECOVERY PLANNING: STAGE 2 RE -OPENINGS Council considered Development Services Department report DSD -20-075 (J. Readman), dated June 17, 2020, recommending the amendment of the City's gradual reopening plan. In response to Council's question, staff discussed the reopening of splash pads, parks, community centres, camps, libraries, and public washrooms. Moved by Councillor K. Galloway-Sealock Seconded by Councillor M. Johnston "That the City's gradual reopening plan be amended to include additional details regarding the phased reopening of some of the City's indoor and outdoor recreational facilities, as outlined in Appendix A in Development Services Department report DSD -20-075, Kitchener Reopens 2.0." Carried. SPECIAL COUNCIL MINUTES JUNE 22, 2020 -66- CITY OF KITCHENER 8. DSD -20-073 — ACTIVATION OF STREETS Council considered Development Services Department report DSD -20-073 (B. Cronkite), dated June 4, 2020, recommending staff be directed to assess opportunities to quickly and affordably expand active transportation infrastructure to facilitate essential trips and exercise while physical distancing. Staff also discussed traffic calming measures, the Slow Street Program, public consultation, curbside pick-up, as well as capital costs and funding sources. Council directed staff to investigate possible Slow Neighbourhood nodes. It was suggested and agreed by Council to add the following clause to the motion: "That staff be directed to circulate notice to affected residents regarding the bike lanes being installed on Krug Street (River Road to East Avenue), Franklin Street (Weber Avenue to Ottawa Street) and Stirling Avenue (Courtland Avenue to King Street) in advance of their installation and following one year of the program". Moved by Councillor S. Davey Seconded by Councillor C. Michaud "That staff be directed to assess opportunities to quickly and affordably expand active transportation infrastructure to facilitate essential trips and exercise while physical distancing, as outlined in Development Services Department report DSD -20-073; and, That painted bike lanes be installed on Krug Street (River Road to East Avenue), Franklin Street (Weber Avenue to Ottawa Street) and Stirling Avenue (Courtland Avenue to King Street), and that the Uniform Traffic By-law be amended accordingly; and, That staff be directed to circulate notice to affected residents regarding the bike lanes being installed on Krug Street (River Road to East Avenue), Franklin Street (Weber Avenue to Ottawa Street) and Stirling Avenue (Courtland Avenue to King Street) in advance of their installation and following one year of the program; and, That Delta Street be permanently converted from a road to a multi -use trail, including an interim road closure until full reconstruction in 2021; and, That Gaukel Street be closed from Charles Street to Joseph Street and converted into a passive seating area until November 2020; and, That notwithstanding Section 9(a), Schedule 12, of Chapter 599 of The City of Kitchener Municipal Code, for the time period of July 1 to August 31, 2020, which may be extended into the fall of 2020 by the City's Manager of Licensing, Food Trucks may operate in an area zoned R1, R2, R3, R4, R5, R6, R7, R8 or R9 by the City Zoning By-law, as amended, in the City of Kitchener, provided they comply with Chapter 599 as well as the various conditions set out in Report DSD -20- 073; and further, That the Uniform Traffic By-law be amended to reflect recent and current bike lane installations through street reconstructions on Mill Street (Stirling Avenue to Ottawa Street), Franklin Street (Trafalgar Avenue to Weber Street) and Stirling Avenue (Greenbrook Drive to Courtland Avenue)." Carried. 9. FIN -20-046 — 2020 CAPITAL PROJECT DEFERRALS AND CLOSURES Council considered Financial Services Department report FIN -20-046 (R. Hagey), dated June 9, 2020, recommending deferral of the spending on the capital projects. In response to questions from Council, staff discussed cash flow considerations, resource constraints, the criteria for the deferral of projects, public engagement, and the financial impacts of COVID-19. Councillor J. Gazzola requested the motion be voted on by recorded vote. Moved by Councillor B. loannidis Seconded by Councillor C. Michaud SPECIAL COUNCIL MINUTES JUNE 22, 2020 -67- CITY OF KITCHENER -That spending on the capital projects in the amounts outlined in Appendix A, column D to Financial Services Department report FIN -20-46 be deferred until 2021 in order to improve the City's 2020 cash flow position; and further, That the balances in the capital projects outlined in Appendix A, column E to report FIN -20-46 be closed out to the Tax Stabilization reserve fund in order to provide additional funding to mitigate projected tax -supported operating deficits in 2020 and beyond." Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors D. Chapman, S. Davey, K. Galloway-Sealock, B. loannidis, D. Schnider, M. Johnston, S. Marsh, C. Michaud, and P. Singh. Contra: Councillor J. Gazzola 10. DSD -20-068 — DEMOLITION CONTROL APPLICATION DC20/005/F/ES — 312 FOREST CREEK DRIVE — HALLMAN CONSTRUCTION LTD. Council considered Development Services Department report DSD -20-068 (D. Ross), dated April 8, 2020, recommending approval to demolish the dwelling located at 312 Forest Creek Drive. Moved by Councillor B. loannidis Seconded by Councillor S. Davey "That Demolition Control Application DC20/005/F/ES requesting permission to demolish a single detached dwelling located at 312 Forest Creek Drive be approved, as outlined in Development Services Department report DSD -20-068." Carried. 11. DSD -20-070 — ADDENDUM TO DSD -20-061 — PRIVATE STREET NAMING — 30 SADDLEBROOK COURT Council considered Development Services Department report DSD -20-070 (T. Seyler), dated June 5, 2020, recommending the naming of private streets 'Pony Way', 'Roper Place' and 'Shedrow Place'. Moved by Councillor P. Singh Seconded by Councillor C. Michaud "That the City of Kitchener acknowledge that Freure Promontory Incorporated to name private streets: "Pony Way", "Roper Place", and "Shedrow Place" within a vacant land condominium development located at 30 Saddlebrook Court, as outlined in Development Services Department report DSD -20-070; and further, That the City's Legal Services be directed to proceed with the required advertising, preparation and registration of the necessary By-law for the naming of "Pony Way", "Roper Place", and "Shedrow Place." Carried. 12. FIN -20-048 — SOLE SOURCE — FPO20-119 GEOGRAPHICAL INFORMATION SYSTEMS (GIS) SOFTWARE Council considered Financial Services Department report FIN -20-048 (R. Scott), dated June 1, 2020, recommending Esri Canada Limited be the sole source provider for Geographical Information Systems (GIS) software. Moved by Councillor J. Gazzola Seconded by Councillor S. Davey SPECIAL COUNCIL MINUTES JUNE 22, 2020 -68- CITY OF KITCHENER -That Esri Canada Limited, Toronto, Ontario, be the sole source provider for Geographical Information Systems (GIS) software licencing at a cost of $540,000, plus H.S.T of $70,200, for a total of $610,200, for a three (3) year term, as outlined in Financial Services Department report FIN -20-048." Carried. 13. FIN -20-022 — 2019 YEAREND VARIANCE Council considered Financial Services Department report FIN -20-022 (D. Faterdahl), dated June 9, 2020. 14. FIN -20-044 — FPO20-088 MICROSOFT ENTERPRISE AGREEMENT Council considered Financial Services Department report FIN -20-044 (R. Scott), dated March 23, 2020. 15. FIN -20-047 — SUMMARY OF BID SOLICITATIONS AWARDED BY MANAGER OF PROCUREMENT — JANUARY 2020 TO MARCH 2020 Council considered Financial Services Department report FIN -20-047 (R. Scott), dated June 3, 2020. 16. FIN -20-049 — SUMMARY OF ROAD RECONSTRUCTION TENDERS AWARDED BY CHIEF ADMINISTRATIVE OFFICER WITH SIDEWALK INFILL Council considered Financial Services Department report FIN -20-049 (R. Scott), dated June 3, 2020. 17. SOLICITOR -CLIENT PRIVILEDGE — (SUBDIVISIONS 30T-08206 AND 30T-09201) SOUTHWEST KITCHENER ADVANCEMENT OF NEW LIBRARY Council considered a matter arising from an in -camera meeting held earlier this date. Councillor D. Chapman left the meeting at this time. Council discussed the history of the project, potential cost savings, and financial considerations. Councillor J. Gazzola requested the motion be voted on by recorded vote. Moved by Councillor K. Galloway-Sealock Seconded by Councillor C. Michaud "That the Mayor and Clerk or the Chief Administrative Officer be authorized to execute an Agreement with Cook (South Estates) Limited, Mattamy (South Estates) Limited and Max Becker Enterprises (II) Limited to expedite the construction of infrastructure on their respective plans of subdivisions (30T-08206 and 30T-09201) in southwest Kitchener to facilitate the advancement of the construction of a new library, said agreement to be to satisfaction of the City Solicitor." Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, K. Galloway- Sealock, B. loannidis, D. Schnider, M. Johnston, S. Marsh, C. Michaud, and P. Singh. Contra: Councillor J. Gazzola Absent: Councillor D. Chapman 18. BY-LAWS FOR THREE READINGS Council agreed at the request of Ms. S. Goldrup, Committee Administrator, to add one additional by-law for three readings this date namely to amend Chapter 25 of The City of Kitchener Municipal Code with respect to Procedure. SPECIAL COUNCIL MINUTES JUNE 22, 2020 -69 - CITY OF KITCHENER Moved by Councillor S. Marsh Seconded by Councillor S. Davey "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, and finally be passed and numbered serially by the Clerk." a. Being a by-law to exempt certain lots from Part Lot Control — Block 188 and part of Block 190, Registered Plan 58M-631 — Reistwood Drive and Stonehill Avenue (By-law No. 2020-033) b. Being a by-law to amend Chapter 25 of The City of Kitchener Municipal Code with respect to Procedure. (By-law No. 2020-034) To confirm all actions and proceedings of the Council. (By-law No. 2020-035) Carried. On motion the meeting adjourned at 7:00 p.m. MAYOR CLER