HomeMy WebLinkAboutCouncil - 2013-10-21 SSPECIAL COUNCIL MINUTES
OCTOBER 21, 2013 CITY OF KITCHENER
A special meeting of City Council was held at 3:11 p.m. this date, chaired by Mayor C. Zehr with all
members present except Councillor Y. Fernandes.
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. CSD -13 -106 — REPEAL OF DESIGNATING BY -LAW — 31 YOUNG STREET
Council considered Community Services Department report CSD -13 -106 (A. Pinard) to repeal a
designating by -law for 31 Young Street.
Moved by Councillor B. loannidis
Seconded by Councillor P. Singh
"That the by -law attached to Community Services Department report CSD -13 -106, to repeal
By -law 99 -222 designated part of the property formerly municipally known as 31 Young Street
in the City of Kitchener as being of historical and architectural value be approved ; and further,
That the by -law be given three readings this date."
Carried Unanimously by those members present.
2. FCS -13 -162 — Q13 -057 — HIDDEN VALLEY ROAD BANK STABILIZATION
Council considered Finance and Corporate Services Department report FCS -13 -162 (L. Gordon),
concerning bank stabilization work required along a portion of Hidden Valley Road.
At the request of Councillor J. Gazzola, Ms. P.
agreed to address the concerns of the residents
work.
Moved by Councillor J. Gazzola
Seconded by Councillor B. loannidis
Houston, Deputy CAO — Infrastructure Services,
in the vicinity of the proposed bank stabilization
"That Quotation Q13 -057 — Hidden Valley Road Bank Stabilization — 730 to 735 Hidden Valley
Rd (Hidden Valley Creek), be awarded to 560789 Ontario Limited, Acton, Ontario at their
quoted price of $179,043., including provisional items and contingencies of $17,100., plus
H.S.T. of $23,275.59, for a total of $202,318.59."
Carried Unanimously by those members present.
3. INS -13 -099 —VICTORIA PARK WASHROOM PROJECT — RELATED REPORTS
At the September 30, 2013 special Council meeting, staff was directed to re- circulate all previous
reports relating to the Victoria Park Washroom Project. Council considered Infrastructure Services
Department report INS -13 -099 (C. Fletcher) which summarized these reports.
Moved by Councillor S. Davey
Seconded by Councillor P. Singh
"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 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. "'
SPECIAL COUNCIL MINUTES
OCTOBER 21, 2013 -228- CITY OF KITCHENER
A recorded vote was requested.
In Favour: Councillors J. Gazzola, B. loannidis, Z.
Janecki, S. Davey and P. Singh
Contra: Mayor C. Zehr and Councillors B. Vrbanovic,
K. Galloway - Sealock, D. Glenn- Graham and F.
Etherington
Absent: Councillor Y. Fernandes
MOTION LOST as it failed to achieve the required 2/3 votes of members present.
A motion was brought forward by Councillor F. Etherington, seconded by Councillor B. Vrbanovic, to
approve Tender T13 -072 (Washroom Construction, Victoria Park) as outlined in Finance and
Corporate Services Department report FCS -13 -144, by incorporating the funding options outlined in
Infrastructure Services Department report INS -13 -089.
Clarification was requested as to how the proposed motion differentiated from the one originally
considered at the September 16, 2013 Council meeting, which was subsequently the subject of a
motion to reconsider at the September 30, 2013 special Council meeting. Mayor C. Zehr ruled that
Councillor Etherington's motion was in order, advising that he was bringing forward the original tender
recommendation, which was not dealt with at the September 16, 2013 meeting. He added that what
was dealt with at that time was a separate motion by Councillor B. Vrbanovic which directed staff to
work with the low bidder to reduce the project's cost. He stated that the original staff
recommendation contained in Report FCS -13 -144 was never put on the table. He added that had the
original motion been put forward and then the amendment, it would have been considered separately.
He noted that as it was, the original motion was not dealt with by Council.
In response to questions, Mr. C. Goodeve, Deputy City Clerk, advised that Robert's Rules of Order
dictates that a motion is out of order if it has substantially the same intent or asks substantially the
same question as a motion that was previously voted on. He confirmed that ultimately, it is the
meeting chair's responsibility to determine if a motion is in order.
Councillor S. Davey challenged the Mayor's ruling
Mayor Zehr put the following question to Council: "Will the ruling of the Mayor be sustained ?" The
ruling of the Mayor was Sustained on a recorded vote, with Mayor C. Zehr, and Councillors B.
Vrbanovic, K. Gal loway - Sealock, D. Glenn- Graham, F. Etherington, P. Singh and B. loannidis voting
in favour; and, Councillors J. Gazzola, S. Davey and Z. Janecki voting in opposition. Councillor Y.
Fernandes was not in attendance and accordingly did not vote on this matter.
Councillors J. Gazzola and Z. Janecki expressed concern with the interpretation that Councillor
Etherington's motion was in order and left the meeting at this time.
An amendment was brought forward by Councillor D. Glenn- Graham, seconded by Councillor P.
Singh to change the concrete walkway proposed for the washrooms in Victoria Park to an asphalt
walkway, which was voted on and was LOST.
Moved by Councillor F. Etherington
Seconded by Councillor B. Vrbanovic
"That Tender T13 -072 (Washroom Construction, Victoria Park) as outlined in Finance and
Corporate Services Department report FCS -13 -144, be approved, by incorporating the funding
options outlined in Infrastructure Services Department report INS -13- 089."
A recorded vote was requested.
In Favour: Mayor C. Zehr and Councillors K.
Galloway - Sealock, B. loannidis, B. Vrbanovic, D.
Glenn- Graham and F. Etherington
Contra: Councillors S. Davey and P. Singh
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OCTOBER 21, 2013 -229- CITY OF KITCHENER
Absent: Councillors Y. Fernandes, Z. Janecki and J.
Gazzola
Motion Carried.
4. IN- CAMERA MEETING AUTHORIZATION
Mayor C. Zehr advised that contrary to what was on the agenda, Council will only be considering a
land acquisition matter at the in- camera meeting being held this date.
Moved by Councillor B. loannidis
Seconded by Councillor K. Gal loway- Sealock
"That an in- camera meeting of City Council be held immediately following this special meeting to
consider a land acquisition / disposition matter."
Carried.
5. BY -LAWS FOR THREE READINGS
Moved by Councillor B. loannidis
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, be finally passed and
numbered serially by the Clerk.
a. To confirm all actions and proceedings of the Council.
(By -law No. 2013 -128)
b. Being a by -law to repeal By -law 99 -222 a Designation By -law under the Ontario Heritage
Act designating part of the property formerly municipally known as 31 Young Street in the
City of Kitchener as being of historical and architectural value.
(By -law No. 2013 - 129)."
Carried.
On motion the meeting adjourned at 4:17 p.m.
MAYOR CLERK