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HomeMy WebLinkAboutCouncil - 2014-02-10 COUNCIL MINUTES FEBRUARY 10, 2014 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT – The meeting began with the singing of “O Canada” by Hannah Tipping, King School of Vocal. 2. MINUTES – On motion by Councillor Z. Janecki, the minutes of the regular meeting held January 27, 2014 and special meetings held January 13, 27 & 30 and February 3, 2014, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF – Councillor B. Ioannidis declared a pecuniary interest with respect to Clause 6 of the Finance and Corporate Services Committee as he owns property that may be affected by the Façade Grant Program; and accordingly, he did not take part in any discussion or voting regarding that matter. Councillor F. Etherington declared a pecuniary interest with respect to Clause 4 of the Community and Infrastructure Services Committee report as he is friends with the proposed 2014 Artist-in- Residence; and accordingly, he did not take part in any discussion or voting regarding that matter. 4. COMMUNICATIONS REFERRED TO FILE – NIL 5. PRESENTATIONS – 5.a. Canada’s Technology Triangle Update Mr. John Jung, CEO, of Canada’s Technology Triangle (CTT) gave a presentation highlighting the organization’s key programs and accomplishments in implementing its 2011-2015 business plan. 6. DELEGATIONS – 6.a. Bill 6: Great Lakes Protection Act Ms. Nancy Goucher, Water Program Manager, Environmental Defence, addressed Council in support of the motion listed as Item 9.a. under New Business regarding Bill 6 (Great Lakes Protection Act). She advised that the proposed legislation has received second reading in the Legislative Assembly of Ontario and asked the City to encourage the Provincial Government to pass the subject legislation. Councillor Y. Fernandes gave notice that she would introduce a motion to request that the Province of Ontario enact Bill 6, Great Lakes Protection Act, 2013 to protect and restore the health of the Great Lakes-St. Lawrence River basin. At the request of Councillor J. Gazzola, it was agreed to amend Clause 5 of Councillor Fernandes’ motion to have copies of the resolution circulated to local area municipalities and the Association of Municipalities of Ontario (AMO). Moved by Councillor Y. Fernandes Seconded by Councillor B. Vrbanovic “WHEREAS there is an urgent and pressing need for a new, strong and effective law to protect and restore the Great Lakes and St. Lawrence River basin; and, WHEREAS 3 of Ontario’s 4 Great Lakes are in decline and provide more than 80% of the Province’s drinking water; and, WHEREAS over 95% of Ontario’s agricultural land is in the Great Lakes basin and the health of the lakes contributes $4.4 trillion to the economy in both Canada and the United States; COUNCIL MINUTES FEBRUARY 10, 2014 28CITY OF KITCHENER - - THEREFORE BE IT RESOLVED that the Ontario Legislature be requested to enact Bill 6, Great Lakes Protection Act, 2013 to protect and restore the health of the Great Lakes-St. Lawrence River basin; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Premier of Ontario, the Ontario Minister of the Environment, Opposition Critics for the Environment, the Association of Municipalities of Ontario and local area municipalities.” Carried, as Amended. 6.b. Tenders 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. A motion was brought forward by Councillor Y. Fernandes, and seconded by Councillor D. Glenn- Graham, to defer consideration of Tender T13-089 (Gas Pipeline Construction Contract) to the March 3, 2014 Council meeting to allow time for additional information to be provided on the current balance within the account used to fund the gas pipeline construction and if those funds could be applied toward this tender. LOST. Councillor Fernandes’ deferral motion was then voted on and was In response to further questions regarding Tender T13-089 (Gas Pipeline Construction Contract), Ms. Houston, DCAO – Infrastructure Services, confirmed the agreement is for a one-year period with an option to renew for two additional years. At the suggestion of Mayor C. Zehr, Council agreed to include an additional clause in the motion for Tender T13-089 to identify the timeframe for the agreement. Concerning Tender T13-030, Mr. Gordon agreed to circulate additional information as to the components that comprise the estimated $150,000. that is projected to be spent on utility relocations. He acknowledged an error in the staff report, indicating that only five tenders were received for this project as opposed to nine. Moved by Councillor D. Glenn-Graham Seconded by Councillor B. Ioannidis Aecon Utilities, a “That Tender T13-089 – Gas Pipeline Construction Contract, be awarded to Division of Aecon Construction Group Inc., Toronto, Ontario at their reduced tendered price of $5,219,080.64, including contingencies and allowances of $913,596.77., plus H.S.T. of $678,480.48, for a total of $5,897,561.13; and further, That Tender T13-089 – Gas Pipeline Construction Contract shall be awarded for a one (1) year term, with an option to renew for two additional years.” - and - “That Expression of Interest E13-085 – Consultant Services – Cultural Heritage Landscape The Landplan Collaborative Ltd., Guelph, Ontario Study, be awarded to at their estimated fee of $79,876.35, plus H.S.T. of $10,383.93, for a total of $90,260.28, based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Tender T13-090 – Glasgow Street (Fischer Hallman Road to Westmount Road West) Bel-Air Excavating & Grading Ltd., Cambridge, Road Reconstruction, be awarded to Ontario at their corrected tendered price of $2,587,077.94., including provisional items and contingencies of $239,255., plus H.S.T. of $336,320.13., for a total of $2,923,398.07.” - and - COUNCIL MINUTES FEBRUARY 10, 2014 29CITY OF KITCHENER - - “That Tender T13-068 – Lydia Street (Stirling Avenue N to Cameron Street) and Merner Regional Sewer and Watermain Ltd., Avenue (Cameron St N to Krug Street), be awarded to Cambridge, Ontario at their tendered price of $1,124,493.30, including provisional items and contingencies of $83,914., plus H.S.T. of $146,184.13, for a total of $1,270.677.43.” - and - “That Tender T13-067 Bruder Avenue (Peter Street to Benton Street) Road Reconstruction, be J. Weber Contracting Limited, Breslau, Ontario awarded to at their tendered price of $612,122.40, including provisional items and contingencies of $59,445., plus H.S.T. of $79,575.91, for a total of $691,698.31.” Carried. 7. COMMITTEE REPORTS – COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. Ioannidis Seconded by Councillor F. Etherington “That the report of the Community and Infrastructure Services Committee be adopted.” Mayor C. Zehr advised that in accordance with Councillor Etherington’s previously declared pecuniary interest, Clause 4 of the Committee report would be voted on separately. Voted on clause by clause. Carried. Clause 4 – Carried. Balance of report – 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 report be adopted.” Mayor C. Zehr advised that in accordance with Councillor Ioannidis’ previously declared pecuniary interest, Clause 6 of the Committee report would be voted on separately. A motion was brought forward by Councillor S. Davey, seconded by Councillor B. Vrbanovic, to amend Paragraph one of Clause 6 of the Committee report to change the expiration date of the Façade Grant Program to December 31, 2017. Carried Councillor Davey’s amendment was then voted on and was on a recorded vote with Mayor C. Zehr and Councillors B. Vrbanovic, P. Singh, S. Davey, F. Etherington, Y. Fernandes, D. Glenn- Graham and K. Galloway-Sealock voting in favour; and, Councillors J. Gazzola and Z. Janecki voting in opposition. Councillor B. Ioannidis had declared a pecuniary interest regarding this matter and accordingly did not vote. Councillor B. Ioannidis requested that Clause 3 of the Committee report be voted on separately. Carried. Clause 3 – Carried, as Amended, on a Clause 6 – recorded vote. Carried. Balance of Report – 8. UNFINISHED BUSINESS – NIL COUNCIL MINUTES FEBRUARY 10, 2014 30CITY OF KITCHENER - - 9. NEW BUSINESS – 9.b. Council Policy I-47 (Technology and Home Office Expenses) Councillor F. Etherington informed Council that he was withdrawing his notice of motion at this time, as he would prefer to have it considered at the March 31, 2014 Council meeting in conjunction with the report on the 2013 Statement of Remuneration and Expenses. 9.c. Regional Council Update - NIL 9.dFlag Policy . Mayor C. Zehr advised that tri-Pride Community Association sought to have the rainbow flag flown at Kitchener City Hall to raise awareness about human and civil rights issues facing lesbian, gay, bisexual, transgender and queer (LGTBQ) athletes in Russia during the 2014 Sochi Winter Olympic Games. He referred to Council Policy I-442 (Flag Policy), advising that it only permits the flying of the Canadian, provincial and City flags on the outside poles in Civic Square at Kitchener City Hall. He stated that in recognition of the provisions in Council Policy I-442, tri-Pride has expressed support for having the rainbow flag displayed within the Rotunda at City Hall. In response to questions, Ms. L. Johnston, Director of Corporate Communications and Marketing, advised that staff consulted with members of tri-Pride Community Association, who endorsed having the flag in the Rotunda. Councillor F. Etherington indicated that he would be inclined to bring forward a motion to grant an exception to Council Policy I-442 to enable the rainbow flag to be flown in front of City Hall for the duration of the Olympics. Councillor D. Glenn-Graham suggested that a holistic review of Council Policy I-442 should be undertaken with consideration being given to the possible installation of a ceremonial flag pole in front of City Hall. Mayor Zehr advised that in accordance with Kitchener Municipal Code Chapter 25 (Procedure) a motion to waive the notice requirements would need to be approved by two-thirds of members present, before Councillor Etherington could bring forward his proposed motion. On motion by Councillor F. Etherington, seconded by Councillor D. Glenn-Graham, a motion to waive LOST notice requirements was brought forward and was as it failed to receive the required two-thirds support of members present. 10. QUESTIONS AND ANSWERS – Councillor D. Glenn-Graham advised that Pandora Avenue is considered to be a narrow street due to stst’ its center median and accordingly temporary ‘No parking from January 31 to March 31signs were recently installed. He requested that additional information be provided detailing other streets within the City that may require similar signage to be installed. Ms. P. Houston, Deputy CAO – Infrastructure Services, agreed to investigate an issue where snow piles were apparently knocked down onto residential driveways to possibly reduce the safety risks near school bus loading zones. Councillor Glenn-Graham further requested that information be provided on the rationale for the placement as well as removal of sand boxes within City parks and the possible need to rebalance some of them. 11. BY-LAWS (FIRST READING) – Moved by Councillor Y. Fernandes Seconded by Councillor P. Singh “That leave be given the Mover and Seconder to introduce the following by-law, namely: a. To confirm all actions and proceedings of the Council. COUNCIL MINUTES FEBRUARY 10, 2014 31CITY OF KITCHENER - - 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 Mayor C. Zehr appointed Councillor Z. Janecki as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “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 Y. Fernandes Seconded by Councillor P. Singh “That the by-law be given third reading, namely: a. To confirm all actions and proceedings of the Council. (By-law No. 2014-018) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 10:00 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 10, 2014 32CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That staff be directed to take no action to prohibit parking at any time on the south/east side (odd number side) of Fischer Court from a point 64 metres west of Pine Valley Drive to a point 55 metres southwest thereof. 2.That consideration of the following recommendation outlined in Infrastructure Services be deferred to the April 7, 2014 Community and Department report INS-14-006, Infrastructure Services Committee meeting, to provide staff an opportunity to undertake a review of the existing adult crossing guard assisted walkway and associated proposed raised cross walk at the corner of Guelph Street and Edwin Street: “That one raised crosswalk be installed on Guelph Street at Edwin Street; and, That a road narrowing be installed on Guelph Street at: Margaret Avenue, Woodward Avenue, Crestwood Avenue, Floyd Street, St. Leger Street, Arnold Street, Englewood Place; and, That parking be prohibited on both sides of Guelph Street encompassing the narrowed roadway at: Margaret Avenue, Woodward Avenue, Crestwood Avenue, Floyd Street, St. Leger Street, Arnold Street, Englewood Place; and, That parking be prohibited on the west side of Guelph Street from Margaret Avenue to St. Leger Street; and, That parking be prohibited on the east side of Guelph Street from St. Leger Street to Lancaster Street West; and further, That sharrows along with complementary cycling signage be installed on Guelph Street from Moore Avenue to Lancaster Street West.” 3. That the commissioning and installation of art work by the City’s 2013 Artist- in-Residence, Susan Coolen be approved, as outlined in Chief Administrator’s Office report CAO-14-004; and further, That the Mayor and Clerk be authorized to execute the Artist-in-Residence 2013 Commission Agreement with Susan Coolen in a form satisfactory to the City Solicitor, such agreement encompassing the terms set out in this Report CAO-14-004. 4. That Dwight Storring be appointed as the City of Kitchener Artist-in-Residence for 2014, as outlined in Chief Administrator’s Office report CAO-14-007, as recommended by the Arts and Culture Advisory Committee (ACAC) and the Public Art Working Group (PAWG). COUNCIL MINUTES FEBRUARY 10, 2014 33CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That subject to the AGCO deciding not to hold a hearing with respect to this application for a liquor licence and subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action at this time to oppose the application for a liquor license for Stonegate Bistro at 15 Scott Street, Unit 2, applied for by Yonase Yanfa (herein referred to as the “Applicant”); and, That should the AGCO decide to hold a hearing with respect to the application for liquor licence for Stonegate Bistro, located at 15 Scott Street, Unit 2 and applied for by the Applicant, the City request party status at the hearing and notwithstanding any agreement entered into with the Applicant may change its position stated in this recommendation in response to evidence presented or heard at that hearing; and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to participate as an active member of the Downtown Kitchener Business Improvement Area’s License and Entertainment Committee if such a committee is established; 2. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) i.e. alcohol sales will be limited to 30% of gross refreshment sales; 3. to stop serving alcohol by 2:00 a.m. daily; 4. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 5. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and these conditions shall bind all successors, assigns and subsequent licence holders (if any). 2. That the Mayor and Clerk be authorized to execute a two year funding agreement, subject to the satisfaction of the City Solicitor, with the Province of Ontario to undertake the “Starter Company” a Youth Entrepreneurship program providing mentoring and training for youth age 18 – 29 to start a business; and further, The program will be delivered by the Kitchener Waterloo Region Small Business Centre, as outlined in Chief Administrator’s Office report CAO-14-008. 3. That the request of Rumen Yankov to operate a refreshment vehicle at 405 Highland Road West be approved, as outlined in Finance and Corporate Services report FCS-14-015. 4. That the City of Kitchener take the following actions regarding Economic Development in Waterloo Region, as outlined in Chief Administrator’s Office report CAO-14-005: That the Province of Ontario be requested to amend the Table in Section 11 of the Municipal Act, 2001, as amended, to add the Regional Municipality of Waterloo to the list of Upper-tier Municipality (ies) that are assigned “non-exclusive” legislative authority to participate in the assigned sphere of “Acquisition, development, and disposal of sites for industrial, commercial and institutional uses.” COUNCIL MINUTES FEBRUARY 10, 2014 34CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 5. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Grace Mennonite Brethren Church, pertaining to the City lands adjacent to their property at 546 Belmont Avenue West, as outlined in the Chief Administrator’s Office report CAO-13-024; and further, That the terms of the revised lease shall include a provision that the annual escalation rate be equal to the cost of living rate established through the Consumer Price Index (CPI). 6. That subsection 4.2.1 of Council Policy I-535 (Combined Façade / Interior Loan / Upper Story Renovation Program) be amended to change the expiration date of the Façade Grant Program from December 31, 2013 to December 31, 2017; and, That subsection 4.1.1 of Council Policy I-535 be deleted in its entirety and replaced with a new subsection 4.1.1, in the form shown in the amendment attached to Chief Administrator’s Office report CAO-14-009, stating that the ‘Downtown Incentives Funding’ line item in the capital budget shall be the on-going funding source for the Façade Grant Program; and, That a new subsection 9 (e) be added to Council Policy I-540 (Downtown Financial Incentives), in the form shown in the amendment attached to Report CAO-14-009, to modify the scope of the ‘Exemption from Planning and Building Permit Fees’ program to apply only to those permits for retail, restaurant and personal service uses that do not exceed $1,000; and, That a new subsection 9 (f) be added to Council Policy I-540, in the form shown in the amendment attached to Report CAO-14-009, stating that no more than $10,000 worth of permit rebates be granted in a given year, with any unallocated funds being transferred to the Façade Grant Reserve Account; and further, That a new subsection 9 (g) be added to Council Policy I-540, in the form shown in the amendment attached to Report CAO-14-009, identifying the criteria by which projects currently in the planning and development phases may still apply to the ‘Exemption from Planning and Building Permit Fees’ program for rebates exceeding $1,000. (As Amended) COUNCIL MINUTES FEBRUARY 10, 2014 35CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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-14-029 – Appointment – Kitchener Public Library Board Council considered Finance and Corporate Services Department report FCS-14-029 (C. Goodeve), dated February 4, 2014. It was resolved: “That Stephanie Tanner be appointed to the Kitchener Public Library Board for a term expiring November 30, 2014.” 3. FCS-14-031 – Memorandum of Settlement – IATSE Local 357 Council considered Finance and Corporate Services Department report FCS-14-031 (B. Soye), circulated this date. It was resolved: “That Council approve the terms and conditions contained in the Memorandum of Settlement dated January 28, 2104, to establish the 2012-2014 Collective Agreement with IATSE Local 357; and further, That the Mayor and the Clerk be authorized to execute documentation arising there from.” 4. Bill 69: Prompt Payment Act Mayor C. Zehr advised that he wished to introduce a motion with respect to endorsing the Association of Municipalities’ position regarding Bill 69: Prompt Payment Act and requested that the requirement for giving notice be waived. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “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 endorse the position of the Association of Municipalities of Ontario regarding Bill 69: Prompt Payment Act.” Carried with required 2/3 vote of the majority of Council. It was resolved: “That the City of Kitchener endorse the position taken by the Association of Municipalities of Ontario in opposition to the proposed Bill 69, Prompt Payment Act, being an Act respecting payments made under contracts and subcontracts in the construction industry; and further, COUNCIL MINUTES AUGUST 26, 2013 36CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 4. Bill 69: Prompt Payment Act – (Cont’d) That copies of this resolution be circulated to the leaders of all three parties in the Ontario Legislature, the Minister of Finance, Minister of Municipal Affairs and Housing, all local area MPPs and the Association of Municipalities of Ontario.” 5. Joint and Several Liability Reform Mayor C. Zehr advised that he wished to introduce a motion with respect to endorsing the Association of Municipalities’ position regarding joint and several liability and requested that the requirement for giving notice be waived. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “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 endorse the position of the Association of Municipalities of Ontario regarding joint and several liability.” Carried with required 2/3 vote of the majority of Council. It was resolved: “WHEREAS a private member’s resolution was introduced by Randy Pettapiece, MPP for Perth-Wellington, which calls on the Government of Ontario to implement comprehensive reform to joint and several liability by June 2014; and, WHEREAS debate on this motion is scheduled for February 27, 2014 and feedback has been requested from municipal councils by no later than February 14, 2014; THEREFORE BE IT RESOLVED that the City of Kitchener endorse the position taken by the Association of Municipalities of Ontario in support of the private member’s resolution regarding joint and several liability; and, BE IT FINALLY RESOLVED that copies of this resolution be sent to the leaders of all three parties in the Ontario Legislature, the Attorney General, Minister of Municipal Affairs and Housing, all local area MPP’s and the Association of Municipalities of Ontario.”