Loading...
HomeMy WebLinkAboutCouncil - 2015-02-09Kell] I:N10khIlki Lei I *? FEBRUARY 9, 2015 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 "0 Canada ". 2. MINUTES — On motion by Councillor D. Schnider, the minutes of the regular meeting held January 26, 2015 and a special meeting held February 2, 2015, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6.a. Neighbourhood Issues Ms. Moira Magee, addressed Council to express concerns regarding ongoing neighbourhood issues involving the application of the City's traffic by -laws and children playing hockey and basketball on the street. Mayor B. Vrbanovic advised staff would follow -up with Ms. Magee to discuss her concerns. Zone Change — 5 Michael Street Mayor B. Vrbanovic advised that the owners of the subject property were in attendance and it was agreed the Zone Change application for 5 Michael Street, listed as Clause 1 of the Planning and Strategic Initiatives Committee report, would be considered at this time. Moved by Councillor P. Singh Seconded by Councillor K. Galloway- Sealock "That Clause 1 of the Planning and Strategic Initiatives Committee report be adopted." Carried. Public Engagement Moved by Councillor Y. Fernandes Seconded by Councillor D. Schnider "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 public engagement, which was not listed on the Council agenda." Carried. Mr. Harald Drewitz addressed Council regarding public engagement and the procedures followed during the February 2, 2015 Public Input Session on the City's 2015 Budget. He expressed concern regarding restrictions to the amount of time a delegation can speak as well as members of Council asking questions. He stated Council meetings are not a forum for efficiency, adding there should be no limits on the length of meetings. In accordance with Section 25.5.5 of the City's Procedural By -law, as this matter was not originally listed on the meeting agenda, no questions were posed to Mr. Drewitz. COUNCIL MINUTES FEBRUARY 9, 2015 -27- CITY OF KITCHENER 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. Moved by Councillor J. Gazzola Seconded by Councillor P. Singh "That Tender T14 -119 Hydrovac Excavating Services, be awarded to Badger Daylighting Ltd., Cambridge, Ontario, at their tendered price of $407,660., plus H.S.T. of $52,995.80, for a total of $460,655.80, for one (1) year, with an option to renew for two (2) additional one -year terms." -and - "That Expression of Interest E14 -109 Consultant Services — Fairfield Avenue (Ridgewood Avenue to Edwin Street) Reconstruction, be awarded to Meritech Engineering, Cambridge, Ontario at their estimated fee of $138,130.42, including contingencies of $12,557.31 plus H.S.T. of $17,956.95, for a total of $156,087.37, based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Expression of Interest E15 -009 Consultant Services — 2015 City of Kitchener Stormwater Management Monitoring Program, be awarded to AECOM Canada Ltd., Kitchener, Ontario at their estimated fee of $120,818.50, including contingencies of $10,983.50 plus H.S.T. of $15,706.41, for a total of $136,524.91, based on a satisfactory contract being negotiated and an upset fee being established." PF.1ii eE "That the City of Kitchener's portion of Cooperative Tender T14 -105 Containerized and Manual Collection of Waste and Recyclables, be awarded to the following for one (1) year, with an option to renew for four (4) additional one -year terms: GFL Environmental Incorporated, Vaughan, Ontario, for roll off, compactor and front load containers, at their tendered price of $49,095.69, plus H.S.T. of $6,382.44, for a total of $55,478.13; and, Waste Management of Canada Corporation, Waterloo, Ontario, for recycling totes, molok and barrel containers, at their tendered price of $111,073.65, plus H.S.T. of $14,439.57, for a total of $125,513.22." -and - "That Purchase Order #206514 to Capgemini Canada Incorporated, Toronto, Ontario be extended for the implementation of a Meter Inventory Management System, by the estimated fee of $520,183.00 plus HST of $67,623.79, for a total of $587,806.79 based on a satisfactory contract being negotiated and an upset fee being established." Carried. Food Truck Licensing By -law Mayor B. Vrbanovic indicated there were several food truck proprietors in attendance who were interested in the passage of the Food Truck Licensing By -law, listed as Item 11. a) on the Council agenda. Moved by Councillor K. Galloway- Sealock Seconded by Councillor B. loannidis "That a by -law to amend By -law 2014 -056 of The Corporation of the City of Kitchener, being a by -law to licence Food Trucks, and that the same be taken as read a first, second and third times, be finally passed and numbered 2015 -014 by the Clerk." Carried. COUNCIL MINUTES FEBRUARY 9, 2015 -28- CITY OF KITCHENER 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor B. loannidis Seconded by Councillor F. Etherington "That the report of the Community and Infrastructure Services Committee be adopted." Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — NIL 10. QUESTIONS AND ANSWERS — Councillor S. Davey informed Council that he requested an additional issue paper be included as part of the Final Budget Day agenda package regarding the potential impact of fluctuating oil rates on the City of Kitchener. 11. BY -LAWS (FIRST READING) — Council agreed to the request of Ms. C. Tarling, City Clerk, to add two additional by -laws for three readings this date being to amend Chapter 101 of the Municipal Code and a zoning by -law for 5 Michael Street, listed as Clause 1 of the Planning and Strategic Initiatives Committee report. Moved by Councillor S. Marsh Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. To confirm all actions and proceedings of the Council. b. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. C. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 1397036 Ontario Ltd. — 5 Michael Street. 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 B. Vrbanovic appointed Councillor D. Schnider as Chair. On motion, the Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor D. Schnider Seconded by Councillor S. Marsh "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. COUNCIL MINUTES FEBRUARY 9, 2015 -29- CITY OF KITCHENER 14. BY -LAWS (THIRD READING) - Moved by Councillor S. Marsh Seconded by Councillor J. Gazzola "That the by -laws be given third reading, namely: a. To confirm all actions and proceedings of the Council. (By -law No. 2015 -015) b. Being a by -law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By -law No. 2015 -016) C. Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 1397036 Ontario Ltd. — 5 Michael Street. (By -law No. 2015 -017) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:39 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 9, 2015 -30- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400 Ottawa Street South, from April 30 to May 10 and August 20 to 23, 2015, as outlined in Finance and Corporate Services Department report FCS -15 -017, subject to the following: Date of Operation Hours of Operation Thursday, April 30 3:30 p.m. — 10 p.m. Friday, May 1 3:30 p.m. — 11 p.m. Saturday, May 2 10:00 a.m. — 11 p.m. Sunday, May 3 11:00 a.m. — 10:00 p.m. Monday, May 4 — Thursday, May 7 3:30 p.m. — 10:00 p.m. Friday, May 8 3:30 p.m. — 11:00 p.m. Saturday, May 9 10:00 a.m. — 11:00 p.m. Sunday, May 10 11:00 a.m. — 8 p.m. Thursday, August 20 3:30 p.m. — 10:00 p.m. Friday, August 21 3:30 p.m. — 11:00 p.m. Saturday, August 22 10:00 a.m. — 11:00 p.m. Sunday, August 23 11:00 a.m. — 10:00 p.m. That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; and, That the music must be turned off one hour before closing time on the evenings preceding a non - school day; and further, That the required licence be obtained prior to operating the Midway. 2. That for fiscal 2015, donations received by the City of Kitchener on behalf of City - related organizations, namely Minor Sports Groups, Neighbourhood Associations and the KW Chamber of Commerce Physicians Recruitment and Advocacy Group be redistributed to those organizations as intended by the donor, as outlined in Finance and Corporate Services Department report FCS -15 -013. 3. That the Uniform Traffic By -law be amended to permit parking for a maximum period of three consecutive hours on the east side of Mansion Street from Edna Street to the north limit, as outlined in Infrastructure Services Department report INS -15 -002. 4. That the Uniform Traffic By -law be amended to prohibit parking at any time from January 1 to March 31 on the east side of Duchess Avenue between Dunbar Road and Marina Road, as outlined in Infrastructure Services Department report INS -15 -004. 5. That the Ministry of Transportation, 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, between the hours of 7:00 p.m. and 7:00 a.m. for the period May 1, 2015 to September 30, 2015, during the Highway 7/85 improvements project, as outlined in Infrastructure Services Department report INS -15 -012; and further, That the Ministry of Transportation, 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, between the hours of 7:00 p.m. and 7:00 a.m. for the period May 1, 2015 to September 30, 2015, during the rehabilitation of the Franklin Street bridge over Highway 8, as outlined in Report INS -15 -012. That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work, between the hours of 7:00 p.m. and 7:00 a.m. for the period January 12, 2015 to August 31, 2015, during the Filsinger Park Stream Naturalization Reach 1 project, as outlined in Infrastructure Services Department report INS -15 -015. COUNCIL MINUTES FEBRUARY 9, 2015 -31- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — (CONT'D) 7. That the Region of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work, between the hours of 7:00 p.m. and 7:00 a.m. for the period March 1, 2015 to December 31, 2015, during the Region of Waterloo Stage 1 — Light Rail project, as outlined in Infrastructure Services Department report INS -15 -016. 8. That the list of proposed Neighbourhood Associations, as attached to Community Services Department report CSD -15 -008, be approved for affiliation with the City of Kitchener for 2015. 9. That the Uniform Traffic By -law be amended to prohibit parking at anytime on the south side of Waterloo Street from Shanley Street to a point 65 metres west thereof, as outlined in Infrastructure Services Department report INS -15 -003. 10. That the 2014 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg.170 /03 Schedule 22 of the Safe Drinking Water Act; and further, That a copy of the City of Kitchener's Summary Drinking Water report be provided to the Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg.170 /03, as outlined in Infrastructure Services Department report INS -15 -009. 11. That an extension of the purchase order issued to Clearwater Structures Inc. for construction services related to the rehabilitation of the Shirk Place Bridge located between Lancaster Road and Bridge Street in the amount of $ 98,000.00, be approved, as outlined in Infrastructure Services Department report INS -15 -013. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That Zone Change Application ZC14 /08 /M /KA for 1397036 Ontario Ltd. for the purpose of changing the zoning of 5 Michael Street from Neighbourhood Institutional Zone (1 -2) with Special Use Provision 281U to Neighbourhood Institutional Zone (1 -2) with amended Special Use Provision 281U, be approved in the form outlined in the `Proposed By -law' dated December 18, 2014 attached as Appendix `A' to Community Services Department report CSD -15 -005. (Dealt with under Delegations, and Carried) COUNCIL MINUTES FEBRUARY 9, 2015 -32- 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 — Various Tenders Dealt with under Delegations. 2. FCS -15 -025 — Sign Variances — Various Council considered Finance and Corporate Services Department report FCS -15 -025 (D. Saunderson), dated January 28, 2015. It was resolved: "That the application of the City of Kitchener (SG 2015 -001 - 216 Mill Street) requesting permission to install a ground supported sign having automatic changing copy located 8m (26.246') from a residential zone rather than the required 100m (328.08'); and to be located 20m (65.616') from the intersection rather than the required 23m (75.459'), on Part Lots 2 & 3, Plan 366, 216 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a Sign Permit from the Planning Division by April 01, 2015. That the owner shall ensure that the sign complies with all other regulations of the Sign By -law. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. (midnight) and 6:00 a.m." - and - "That the application of the City of Kitchener (SG 2015 -002 — 1035 Ottawa Street North) requesting permission to install a ground supported sign having automatic changing copy located Om from a residential zone rather than the required 100m (328.08'), on Part Lot 12, Plan 1278, 1035 Ottawa Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the Planning Division. That approval of the proposed sign location shall be as per the plan submitted with Application SG 2015 -002. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. (midnight) and 6:00 a.m." 3. CAO -15 -008 — Strengthening Our Economy — Waterloo Region Economic Development Implementation Update Council considered Chief Administrator's Office report CAO -15 -008 (J. Willmer) dated February 2, 2015, regarding the implementation of the Waterloo Regional Economic Development Corporation (WREDC). On motion by Councillor B. loannidis, the recommendation contained in Report CAO- 15 -008 was brought forward for consideration. COUNCIL MINUTES FEBRUARY 9, 2015 -33- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 3. CAO -15 -008 — Strengthening Our Economy — Waterloo Region Economic Development Implementation Update (Cont'd) An amendment was brought forward by Councillor S. Davey to strike the phrase "subject to approval of the 2015 budget" from the third paragraph of Councillor loannidis' motion. Councillor Davey's amendment was then voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors B. loannidis, D. Schnider, K. Galloway - Sealock, P. Singh, S. Davey and S. Marsh voting in favour and Councillors F. Etherington, J. Gazzola, Y. Fernandes and Z. Janecki voting in opposition. A motion was brought forward by Councillor F. Etherington to amend Councillor loannidis' motion to indicate the City of Kitchener's support for WREDC would be conditional upon having an elected representative on the Corporation's Board of Directors and to encourage the other local area municipalities to adopt a similar condition. Councillor Etherington's amendment was then voted on and was LOST on a recorded vote, with Councillors F. Etherington, J. Gazzola, Y. Fernandes and Z. Janecki voting in favour and Mayor B. Vrbanovic and Councillors B. loannidis, D. Schnider, K. Galloway - Sealock, P. Singh, S. Davey and S. Marsh voting in opposition. A motion was brought forward by Councillor S. Marsh to add two further Clauses to Councillor loannidis' motion to request consideration be given to maintaining the Selection Committee as a standing committee to appoint future board members as needed and for detailed financial statements be submitted to each partnering municipality on an annual basis. It was agreed that Councillor Marsh's amendment would be considered in two separate parts. Part A of Councillor Marsh's motion was then voted on and was Carried Unanimously on a recorded vote. Part B of Councillor Marsh's motion was then voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors B. loannidis, D. Schnider, J. Gazzola, P. Singh, S. Marsh, Y. Fernandes and Z. Janecki voting in support and Councillors F. Etherington, K. Galloway - Sealock and S. Davey voting in opposition. The following motion was then voted on and was Carried, as amended, on a recorded vote with Mayor B. Vrbanovic and Councillors B. loannidis, D. Schnider, K. Galloway - Sealock, P. Singh, S. Davey, S. Marsh, Y. Fernandes and Z. Janecki voting in favour and Councillors F. Etherington and J. Gazzola voting in opposition. It was resolved: "That the first Waterloo Regional Economic Development Strategy, dated December 2014, and as described in Chief Administrative Officer report CAO -15 -008, be approved in partnership with all other Area Municipalities and the Regional Municipality of Waterloo; and, That staff be directed to implement and promote the Waterloo Regional Economic Development Strategy in support of existing economic prosperity and as a means of attracting new investment; and, That the framework and financial model, including the City of Kitchener's four -year financial commitment (as outlined in table 1), for a new Waterloo Region Economic Development Corporation ( WREDC), be approved as described in Report CAO -15 -008; and, COUNCIL MINUTES FEBRUARY 9, 2015 -34- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 3. CAO -15 -008 — Strengthening Our Economy — Waterloo Region Economic Development Implementation Update (Cont'd) That the Mayor and Clerk be authorized to enter into such agreements as necessary to implement the WREDC, with such agreements to be satisfactory to the City Solicitor; and, That the members of the Economic Development Advisory Committee be thanked for the time and expertise they dedicated to advancing these new economic development initiatives in the interest of further supporting the regional economy and broader community prosperity; and further, That in order to ensure a measure of accountability of the Board of Directors, the Steering Committee of the Waterloo Region Economic Development Strategy consider a proposal to undertake the following: A. maintain the Selection Committee as a standing committee to appoint future board members as needed; and, B. consider a requirement for detailed financial statements to be submitted to each partnering municipality on an annual basis." 4. CSD -15 -017 — Agreements for Youth Navigators Council considered Community Services Department report CSD -15 -017 (M. Hildebrand), dated January 28, 2105. It was resolved: "Notwithstanding Chapter 170 of the Municipal Code, that the Mayor and Clerk be authorized to execute agreements with Carizon Family and Community Services, Waterloo Region Crime Prevention Council and the Region of Waterloo for the provision of youth navigators; said agreements to be satisfactory to the City Solicitor."