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HomeMy WebLinkAboutCouncil - 2013-09-30 S SPECIAL COUNCIL MINUTES SEPTEMBER 30, 2013 CITY OF KITCHENER A special meeting of City Council was held at 1:22 p.m. this date, chaired by Acting Mayor Z. Janecki with all members present except Mayor C. Zehr and Councillor B. Vrbanovic. 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. 1. IN-CAMERA MEETING AUTHORIZATION Moved by Councillor Y. Fernandes Seconded by Councillor P. Singh “That an in-camera meeting of City Council be held immediately following this special meeting to consider two matters subject to solicitor-client privilege.” Carried. 2. RECESS / RE-CONVENE The meeting then recessed at 1:24 p.m. and re-convened at 3:10 p.m., chaired by Acting Mayor Z. Janecki with all members present except Mayor C. Zehr and Councillor B. Vrbanovic. 3. INS-13-093 – VICTORIA PARK WASHROOM PROJECT - UPDATE Council considered Infrastructure Services Department report INS-13-093 (C. Fletcher) regarding possible options for moving forward with respect to Tender T13-072 (Washroom Lost Construction – Victoria Park), which was voted on an on a tie vote at the September 16, 2013 Council meeting. Ms. P. Houston, Deputy CAO, Infrastructure Services, reviewed the report, advising that Council could reconsider its September 16, 2013 decision to move forward with the original tender less whatever can be negotiated down on price with the contractor, Dakon Construction Ltd. Alternatively, Council could cancel the project and direct staff to reintroduce it later in the City’s 10-Year Capital Forecast. In response to questions, Ms. Houston confirmed that the $200,000. Community Infrastructure Improvement Fund (CIIF) grant for this project would be in jeopardy if the washroom facility was not substantially completed by March 2014. She stated that it is already challenging to meet the timelines of the CIIF program, as construction will be done during the winter months. She indicated that the first stage of this project involves pouring a slab within the frost level. In order for the slab to cure properly, 28 days of good conditions is required. She noted that any further delay in the project will require the City to pay a premium on slab construction or move the project onset to the spring. She confirmed that in discussion with the contractor, it might be possible to save approximately $13,000. by substituting cedar shingles for asphalt. Ms. Shirley Gosling addressed Council on behalf of Anna Maste who had to leave the meeting. Ms. Gosling encouraged Council to move forward with the design set out in Tender T13-072, commenting that it would be unfair to require homeowners to adhere to certain heritage standards if the City is not going to abide by the same standards. She suggested that the City should immediately move forward with the proposed construction in order to qualify for the $200,000. CIIF grant Council was in receipt this date of a submission from Ms. Nicole Rasmussen, encouraging the reconsideration of Tender T13-072. Ms. Rasmussen spoke to the importance of having a washroom facility in the vicinity of the corner of Jubilee Drive and David Street, noting that this site was selected through extensive public consultation. Council was in receipt this date of a submission from Ms. Cindy Ward in support of constructing a new washroom facility in Victoria Park. Ms. Ward was in attendance and requested that Council reconsider its September 16, 2013 decision, adding that any future proprietor of the Boathouse would need to have exclusive use of the bathrooms in that building. Mr. Harald Drewitz addressed Council in support of the proposed reconsideration of Tender T13-072 (Washroom Construction – Victoria Park). SPECIAL COUNCIL MINUTES SEPTEMBER 30, 2013 - 214-CITY OF KITCHENER Moved by Councillor F. Etherington Seconded by Councillor B. Ioannidis “That pursuant to Section 25.7.15 of Chapter 25 of the Municipal Code (Council Procedure), the following motion, lost at the September 16, 2013 Council meeting, be reconsidered: ‘That Tender T13-072 (Washroom Construction - Victoria Park), as outlined in Finance and Corporate Services Department report FCS-13-144, be approved, as amended by incorporating the funding options outlined in Infrastructure Services Department report INS-13-089 (INS-13-089 with an additional clause directing staff to work with the low bidder to reduce the project costs by $40,000.’” A recorded vote was requested. In Favour: Councillors P. Singh, B. Ioannidis, K. Galloway-Sealock, F. Etherington and D. Glenn- Graham. Contra : Councillor Z. Janecki, J. Gazzola, Y. Fernandes and S. Davey. Absent: Mayor C. Zehr and Councillor B. Vrbanovic. MOTION LOST, as it failed to achieve the required 2/3 votes of members present. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor S. Davey, to direct staff to re-scope the project to construct a new washroom facility in Victoria Park in vicinity of the parking lot at the corner of Jubilee Drive and David Street. Councillor Davey expressed concern regarding Councillor Gazzola’s motion, indicating a preference to re-examine having the washrooms constructed at an alternative location within Victoria Park; such as, the City owned building at 79 Joseph Street. Mr. C. Goodeve, Deputy City Clerk, confirmed that to re-examine alternative washroom locations would require reconsideration of the motion approved at the March 4, 2013 Council meeting, which identified the preferred location as being in the vicinity of the parking lot at the corner of Jubilee Drive and David Street. Councillor Gazzola agreed to withdraw his motion to facilitate the proposed reconsideration. A motion was brought forward by Councillor S. Davey, seconded by Councillor J. Gazzola, to reconsider Council’s March 4, 2013 motion regarding the preferred location for the construction of new washroom facilities in Victoria Park. Councillor K. Galloway-Sealock suggested that Councillor Davey’s motion should be deferred to the October 21, 2013 special Council meeting at which time staff could circulate all of the reports that have been brought forward to date on this matter. Moved by Councillor K. Galloway-Sealock Seconded by Councillor P. Singh motion be referred to the October 21, 2013 special “That consideration of the following Council meeting to allow time for the circulation of all previously considered reports concerning the construction of a new washroom facility in Victoria Park: “That pursuant to Section 25.7.15 of Chapter 25 of the Municipal Code (Council Procedure), the following motion approved at the March 4, 2013 Council meeting, be reconsidered: ‘That Option 3, as set out in Infrastructure Services Department report INS-13- 015, be approved as the preferred location for the construction of new washroom SPECIAL COUNCIL MINUTES SEPTEMBER 30, 2013 - 215-CITY OF KITCHENER facilities in Victoria Park in the vicinity of the parking lot at the corner of Jubilee Drive and David Street; and further, That the Facilities Management Division, in consultation with Park Planning and Development and Heritage Kitchener, be directed to proceed with detailed design and tender construction drawings of this new washroom building.’” A recorded vote was requested. In Favour: Councillors P. Singh, B. Ioannidis, K. Galloway-Sealock, F. Etherington, D. Glenn-Graham, J. Gazzola, Y. Fernandes and S. Davey. Contra : Councillor Z. Janecki, Absent: Mayor C. Zehr and Councillor B. Vrbanovic. Carried. A motion was brought forward by Councillor P. Singh, seconded by Councillor S. Davey, directing staff to provide an information report at the October 7, 2013 Council meeting regarding the possibility to separate this project into two phases to allow for the pouring of the washroom’s concrete slab prior to the onset of the first winter frost. th Councillor Gazzola proposed amending Councillor Singh’s motion to replace the date of October 7 st with October 21. On advice of the Deputy City Clerk, Councillor Z. Janecki deemed Councillor Gazzola’s amendment to be out of order, indicating that as Councillor Singh’s motion was predicated on timing, delaying the st information report to October 21 would not be germane as it would negate the intent of the motion. Moved by Councillor P. Singh Seconded by Councillor S. Davey “That staff be directed to bring forward an information report to the October 7, 2013 Council meeting regarding the feasibility of undertaking a phased approach to construct a new washroom facility in Victoria Park.” A recorded vote was requested. In Favour: Councillors P. Singh, B. Ioannidis, Z. Janecki, F. Etherington, D. Glenn-Graham, Y. Fernandes and S. Davey. Contra : Councillors K. Galloway-Sealock and J. Gazzola. Absent: Mayor C. Zehr and Councillor B. Vrbanovic. Carried. 4. CAO-13-032 – THE BOATHOUSE REQUEST FOR PROPOSAL Council considered Chief Administrator’s Office report CAO-13-032 (R. Regier) regarding the recruitment of a new operator for The Boathouse. Moved by Councillor P. Singh Seconded by Councillor S. Davey “That staff be directed to initiate a two stage Request for Proposals (RFP) process to recruit a new operator for the Boathouse, the process to include the objectives, evaluation criteria and timeline included in Report CAO-13-032. “ Carried. SPECIAL COUNCIL MINUTES SEPTEMBER 30, 2013 - 216-CITY OF KITCHENER Councillor K. Galloway-Sealock left the meeting at this time. 5. CSD-13-100 – CHILLER REPLACEMENT – KIWANIS ARENA Council considered Community Services Department report CSD-13-100 (K. Kugler) requesting waiver of Municipal Code Chapter 170 (Purchasing) to replace a chiller located in the Kiwanis Arena. Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey “That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to a motion to waive the requirements under Chapter 170 (Purchasing) of the Municipal Code for formal quotations with respect to the replacement of a chiller located in the Kiwanis Arena. Carried Unanimously by all members present. Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey “That the requirement under Chapter 170 of the Municipal Code (Purchasing) for formal quotations be waived with respect to replacing a chiller located in the Kiwanis Arena; and, That staff be directed to obtain 3 informal quotes to be able to award the contract for the chiller based on price and the ability to install the chiller by October 18, 2013; further, That capital funds within the Aud/Arena capital budgets be reallocated between two projects budgeted in 2013 and 2014; the 2013 Kinsmen compressor project and the 2014 twin pad chiller replacement.” Carried. 6. BY-LAWS FOR THREE READINGS Moved by Councillor S. Davey Seconded by Councillor P. Singh “ 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, be finally passed and numbered serially by the Clerk. a. Being a by-law to designate property described as Part of Lot 11, Biehn’s Tract, Part 1 of Reference Plan 58R-17549 and municipally known as a portion of 324 Old Huron Road in the City of Kitchener, as being of cultural heritage value or interest. (By-law No. 2013-114) b. Being a by-law to amend Chapter 902 of The City of Kitchener Municipal Code with respect to Backflow and Cross Connection Prevention. (By-law No. 2013-115) c. To confirm all actions and proceedings of the Council. (By-law No. 2013-116).” Carried. SPECIAL COUNCIL MINUTES SEPTEMBER 30, 2013 - 217-CITY OF KITCHENER On motion the meeting adjourned at 5:33 p.m. MAYOR CLERK