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HomeMy WebLinkAboutCouncil - 2013-10-07COUNCIL MINUTES OCTOBER 7, 2013 CITY OF KITCHENER The Council of the City of Kitchener met this date, chaired by Acting Mayor Y. Fernandes with all members present except Mayor C. Zehr. 1. COMMENCEMENT — The meeting began with the singing of "O Canada" by Vanessa Witt, King School of Vocal. 2. MINUTES — On motion by Councillor K. Galloway - Sealock, the minutes of the regular meeting held September 16, 2013 and special meetings held September 16 & 30, 2013, as mailed to the Mayor and Councillors, were accepted. At the request of Councillor J. Gazzola, it was agreed to amend the September 30, 2013 in- camera minutes to record the outcome of the procedural vote taken concerning the validity of discussing a matter in- camera. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — NIL 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — Acting Mayor Y. Fernandes indicated that a citizen was in attendance with respect to the by -law to close a portion of the alley in Plan 362, listed as items 11.d and 14.d on the meeting agenda. Moved by Councillor S. Davey Seconded by Councillor K. Gal loway- Sealock "That a by -law to close part of the public highway known as a portion of the Alley, Plan 362, being Part 20, Plan 58R- 16710, in the City of Kitchener, listed on the Council agenda as Items 11.d. and 14.d. be approved and numbered By -law No. 2013 -120 by the Clerk." Carried. Moved by Councillor Z. Janecki Seconded by Councillor S. Davey "That pursuant to Section 25.5.5(b) of Chapter 25 of the Municipal Code (Council Procedure), Mr. Harald Drewitz be permitted to address Council this date regarding Kitchener Utilities gas supply program, which was not listed on the Council agenda." Carried. Mr. Harald Drewitz, resident, circulated copies of his speaking notes, which he reviewed for Council. He reiterated the concerns he expressed at the September 30, 2013 Finance and Corporate Services Committee meeting regarding the effectiveness of the current natural gas purchasing policy. He suggested that direction should be given for staff to immediately undertake a review of the policy, which has not been updated since 2006. In response to questions, Ms. P. Houston, Deputy CAO, Infrastructure Services, confirmed that staff have committed to undertaking a review of the gas supply policy, noting a report is intended to come forward on December 2, 2013 on a proposed consultation process. She stated that at that time, staff will also be presenting an overview of the City's current purchasing policy. She added that the public consultation is scheduled to commence in early spring, with a report to be brought forward on its findings in April 2014. She noted that a report will also be provided in June 2014 to set the proposed gas rate. Ms. Houston indicated the reason why there is no urgency to undertake this process is that the City has already purchased the bulk on its fixed rate gas. She clarified that the City does not buy futures contracts but rather purchases the actual gas. Accordingly, if the City were to pursue selling that gas it would do so at the current market rate and incur a loss. OCTOBER 7, 2013 8. UNFINISHED BUSINESS — COUNCIL MINUTES -219- 8.a. — Victoria Park Washroom Project — Update II CITY OF KITCHENER Council then considered Infrastructure Services Department report INS -13 -094 (C. Fletcher), regarding the potential to undertake a two- phased approach to the construction of the new washroom facility in Victoria Park. Mr. Steve Burrows was in attendance to encourage Council to proceed with the construction of the new washroom facility in Victoria Park. He acknowledged that while the City may be able to reduce the project's cost by changing the brick cladding and / or roofing materials, doing so would also reduce the overall quality of the proposed facility. He added this reduction in quality would mean the City would inevitably spend more on the building's long -term maintenance. He estimated the City could achieve a better economy of scale if the new washroom facility was constructed as an addition to the Boathouse. Mr. rych mills addressed Council on behalf of the Victoria Park Working Group. He stated the selection of the corner of Jubilee Drive and David Street as a preferred location of the new washroom was partially predicated on the circumstances surrounding the Boathouse at that time. He commented that those circumstances have since changed and proposed that the City should now pursue the construction of the new washroom facility as an addition to the Boathouse. Councillor K. Galloway - Sealock referenced the decision made at the September 30, 2013 special Council meeting to defer the reconsideration of the site selected for the new washroom facility to October 21, 2013, pending the receipt of all previously circulated materials regarding this matter. She expressed concern with giving further consideration to this matter at this time in the absence of that requested material. Councillor B. Vrbanovic suggested that perhaps a special Council meeting could be held on October 10, 2013 as a means of expediting the construction of the new washroom facility. Councillors K. Galloway - Sealock and Y. Fernandes indicated that neither would be available to attend the proposed October 10th meeting. Moved by Councillor K. Galloway - Sealock Seconded by Councillor J. Gazzola "That consideration of Infrastructure Services Department report INS -13 -094 (C. Fletcher) be deferred to the October 21, 2013 special Council meeting." A recorded vote was requested. In Favour: Councillors B. loannidis, K. Galloway - Sealock, S. Davey, Z. Janecki, J. Gazzola and Y. Fernandes. Contra: Councillors B. Vrbanovic, P. Singh, F. Etherington and D. Glenn- Graham. Absent: Mayor C. Zehr. 6. DELEGATIONS — 6.a. - Tenders Carried. Mr. Larry Gordon, Director of Supply Service, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Questions were raised regarding Expression of Interest E13 -070 (Consultant Services Compass Kitchener Community Survey), listed as Item B.1.ii on the Committee of the Whole Agenda. Mr. J. Willmer, Chief Administrative Officer, advised the City is in control of the questions that will be asked as part of the survey. He commented that Council would not normally be involved in the detailed COUNCIL MINUTES OCTOBER 7, 2013 -220- CITY OF KITCHENER wording of questions; however, a discussion of the survey as part of the City's overall integrated planning process has been tentatively scheduled to take place on October 21, 2013. He noted that comments and input provided by Council at that time would be taken into consideration when the survey is being developed. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That Tender T13 -030 — Sewer Pipe Bursting, be awarded to McGillivray Trenchless Limited, Kitchener, Ontario at their tendered price of $156,169.20, including provisional items and contingencies of $30,569., plus H.S.T. of $20,302., for a total of $176,471.20." WTr! "That Expression of Interest E13 -070 — Consultant Services Compass Kitchener Community Survey — Fall 2013, be awarded to Environics Research Group, Toronto, Ontario at their estimated fee of $72,800. plus H.S.T. of $9,464. for a total of $82,264., based on a satisfactory contract being negotiated and an upset fee being established." Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES COMMITTTEE Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." A motion was brought forward by Councillor Z. Janecki, seconded by Councillor J. Gazzola, to amend Clause 2 of the Committee report to advance Parcels 34 and 35 from Priority `C' to Priority `B'. Councillor Janecki's amendment was voted on and was LOST on a recorded vote with Councillor Z. Janecki voting in favour; and, Councillors B. loannidis, K. Galloway - Sealock, S. Davey, J. Gazzola, Y. Fernandes, B. Vrbanovic, P. Singh, F. Etherington and D. Glenn- Graham voting in opposition. Mayor C. Zehr was absent from this meeting. The Planning & Strategic Initiatives Committee was then voted on and was Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. loannidis Seconded by Councillor K. Gal loway - Sealock "That the report of the Community and Infrastructure Services Committee be approved." Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Finance and Corporate Services Committee be approved." Carried. 9. NEW BUSINESS — NIL 10. QUESTIONS AND ANSWERS — At the request of Councillor D. Glenn- Graham, Ms. P. Houston agreed to investigate and provide information to Council regarding the potential to permit homeowners to replace trees on boulevards under the supervision of the City as well as if it would be possible for a homeowner to pay a premium to enable them to have a larger tree planted. COUNCIL MINUTES OCTOBER 7, 2013 -221- CITY OF KITCHENER At the request of Acting Mayor Y. Fernandes, Mr. D. Chapman, Deputy CAO, Finance and Corporate Services, agreed to report back on the status of the senior management hiring policy and the process whereby Council may elect to discuss the hiring of a position at Grade 13 and above. At the request of Councillor F. Etherington, Mr. M. May, Deputy CAO, Community Services, agreed to report back at a future in- camera meeting regarding the proposed community garden in the vicinity of the water tower on Cedar Street as well as reporting back regarding the timing of the review of community garden requests. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add four by -laws for three readings this date relating to a zoning by -law incorporating various housekeeping amendments and three Part Lot Control by -laws for various parcels on Landgren Court. Moved by Councillor P. Singh Seconded by Councillor Z. Janecki "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 persons 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. d. By -law to close part of the public highway known as a portion of the Alley, Plan 362, being Part 20, Plan 58R- 16710, in the City of Kitchener. e. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. f. Being a by -law to amend Chapter 113 of the City of Kitchener Municipal Code with respect to City Clerk — Deputy Pro Tempore. g. To confirm all actions and proceedings of the Council. h. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener— City of Kitchener Housekeeping Amendment. Being a by -law to exempt certain lots from Part Lot Control — Block 7, Registered Plan 58M -554 — Landgren Court. Being a by -law to exempt certain lots from Part Lot Control — Part of Block 5, Registered Plan 58M -554 — Landgren Court. k. Being a by -law to exempt certain lots from Part Lot Control — Part of Block 5, Registered Plan 58M -554 — Landgren Court. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. 12. COMMITTEE OF THE WHOLE - On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Acting Mayor Y. Fernandes appointed Councillor F. Etherington as Chair. COUNCIL MINUTES OCTOBER 7, 2013 -222- CITY OF KITCHENER On motion, the Council rose from the Committee of the Whole and Acting Mayor Y. Fernandes occupied the Chair. Moved by Councillor B. Vrbanovic 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. 13. BY -LAWS (THIRD READING) - Moved by Councillor B. Vrbanovic Seconded by Councillor B. loannidis "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. 2013 -117) 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. 2013 -118) 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. 2013 -119) d. By -law to close part of the public highway known as a portion of the Alley, Plan 362, being Part 20, Plan 58R- 16710, in the City of Kitchener. (By -law No. 2013 -120) e. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By -law No. 2013 -121) f. Being a by -law to amend Chapter 113 of the City of Kitchener Municipal Code with respect to City Clerk — Deputy Pro Tempore. g. To confirm all actions and proceedings of the Council. (By -law No. 2013 -122) (By -law No.2013 -123) h. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener— City of Kitchener Housekeeping Amendment. (By -law No. 2013 -124) Being a by -law to exempt certain lots from Part Lot Control — Block 7, Registered Plan 58M -554 — Landgren Court. (By -law No. 2013 -125) COUNCIL MINUTES OCTOBER 7, 2013 -223- CITY OF KITCHENER j. Being a by -law to exempt certain lots from Part Lot Control — Part of Block 5, Registered Plan 58M -554 — Landgren Court. (By -law No. 2013 -126) k. Being a by -law to exempt certain lots from Part Lot Control — Part of Block 5, Registered Plan 58M -554 — Landgren Court. (By -law No. 2013 -127) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:12 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 7, 2013 -224- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — 1. That Demolition Control Application DC13 /07 /D /JM requesting permission to demolish one (1) vacant single detached dwelling located at 1209 Doon Village Road, owned by Owen Wilfong, be approved, as outlined in Community Services Department report CSD -13 -097, with the following condition: The Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new single detached dwelling is not substantially complete within two years from the day demolition of the existing residential property is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 2. That the Uniform Traffic By -law be amended to implement a 30 minute parking time limit on Queen Street South from a point 20 meters south of St. George Street to a point 21 meters south thereof, as outlined in Infrastructure Services Department report INS -13 -080. 3. That on- street parking be prohibited on the west side of Heins Avenue from Joseph Street to a point 26 meters south thereof; and, That on- street be permitted on the west side of Heins Avenue from Jubilee Drive to a point 26 meters south of Joseph Street for a maximum period of two (2) consecutive hours, 8:00 a.m. - 6:00 p.m., Monday to Friday; and further, That the Uniform Traffic By -law be amended accordingly, as outlined in Infrastructure Services Department report INS -13 -088. 4. That `Schedule 1 - No Parking' of the Uniform Traffic By -law be amended to reflect the on- street parking regulations for specified sections of Lorraine Avenue, as outlined in Appendix `A' of Infrastructure Services Department report INS -13 -091. 5. That the Ministry of Transportation of Ontario (MTO) and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the Highway 401 and Bridge Improvements in the City of Kitchener, as outlined in Infrastructure Services Department report INS -13 -092; and further, That the requested noise by -law exemption is for a period between the hours of 7:00 p.m. and 7:00 a.m. for the period May 1, 2014 to November 30, 2014. 6. That the Safe and Healthy Community Advisory Committee Work Plan 2013 -2014, as attached to Community Services Department report CSD -13 -098, be approved. 7. That the Kolb Creek Class Environmental Assessment Report prepared by Aquafor Beech, dated September 30, 2013, be received; and further, That a Notice of Filing be issued and the Kolb Creek Class Environmental Assessment report be placed on the public record for 30 calendar days, in accordance with the requirements of the Class Environmental Assessment for Remedial Flood and Erosion Control Projects, as outlined in Infrastructure Services Department report INS -13 -020. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That subject to the 2014 budget deliberations, $27,500. be allocated to the Waterloo Region Green Solutions, Residential Energy Efficiency Project (REEP), as part of the Environmental Committee's 2014 Operating Budget, as outlined in Finance and Corporate Services Report FCS -13 -150. COUNCIL MINUTES OCTOBER 7, 2013 -225- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — That the Kitchener Growth Management Plan Fall 2013 - Fall 2015 +, attached as Appendix `B' to Community Services Department report CSD -13 -090, be approved. 2. That City- initiated Zoning By -law Amendment ZC13 /09 /COK /SRM (Annual Zoning By -law Update) be approved in the form shown in the `Proposed By -law' dated August 28, 2013, attached as Appendix `B' to Community Services Department report CSD -13 -087. COUNCIL MINUTES OCTOBER 7, 2013 -226- CITY OF KITCHENER COMMITTEE OF THE WHOLE 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 — 1. Various Tenders Dealt with under Delegations. 2. FCS -13 -147 — Appointment to Heritage Kitchener Council considered Finance and Corporate Services Department report FCS -13 -147 (D. Livingstone), dated September 4, 2013. At the request of Councillor B. loannidis, staff agreed to investigate why matters arising from Heritage Kitchener come directly to Council. It was resolved: "That Marion Heath be appointed to Heritage Kitchener as community -at -large member for a term expiring November 30, 2014."