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HomeMy WebLinkAboutCouncil - 2016-10-24COUNCIL MINUTES OCTOBER 24, 2016 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor K. Galloway-Sealock. 1. COMMENCEMENT — The meeting began with the singing of "0 Canada". 2. MINUTES — On motion by Councillor Z. Janecki, the minutes of the regular meeting held September 26, 2016 and special meetings held September 26, October 3 & 4, 2016, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - Councillor J. Gazzola declared a pecuniary interest with regard to Item 1 considered as part of the in - camera session earlier this date, as a family member is employed by one of the parties to the land acquisition / disposition. Accordingly, he was not present for the remainder of the meeting. Councillor P. Singh declared a pecuniary interest with regard to Item 1 considered as part of the in - camera session earlier this date, as members of his family own real estate in the vicinity of the property that is subject to the land acquisition / disposition. Accordingly, he was not present for the duration of that discussion. 4. COMMUNICATIONS REFERRED TO FILE — a. Flag Request under Policy 1-442: • Turkish Community — Commemoration of the Proclamation of the Republic of Turkey — October 29, 2016 5. PRESENTATIONS — 5.a. Kitchener -Waterloo Joint Services Initiatives Committee Mr. D. Chapman, Deputy CAO, Finance and Corporate Services, gave a presentation updating Council on the recent activities of the K -W Joint Services Initiative as well as the work planned for the upcoming year, as outlined in Finance and Corporate Services Department report FCS -16-164. He indicated over the past ten years, since the establishment of a formalized joint services committee, over 65 initiatives have been completed. He noted the following five projects will be pursued for the upcoming year: • Expanding the after-hours support of the Corporate Contact Centre; • Coordination of external grants; • Lobbying efforts for Two -Way All Day GO train; • Shared By -Law Administrative Fines and Adjudication; and, • Mental Health Awareness and Training. Responding to questions, Mr. Chapman acknowledged for future years staff could endeavour to quantify the savings / efficiencies achieved as a result of the Joint Services Initiative. 6. DELEGATIONS — 6.a. Taxes and City Operations Mr. Andy Hook addressed Council expressing concerns with how tax dollars are spent by the municipality, suggesting changes could be implemented to some of the City's operations to increase efficiency. COUNCIL MINUTES OCTOBER 24, 2016 -177- CITY OF KITCHENER Notice of Intention to Designate - 48 Ontario Street North Mr. James Howe addressed Council in support of designating 48 Ontario Street North under Part IV of the Ontario Heritage Act, as listed under Clause 1 of the Heritage Kitchener report. He spoke to the importance of the subject building, noting it was the birth place of Blues music in the City of Kitchener. Ms. Marg Rowell, President, North Waterloo Region Branch - Architectural Conservancy of Ontario, expressed support for designating 48 Ontario Street North as being of cultural heritage value and interest. She encouraged Council to endorse the recommendation arising from the October 4, 2016 Heritage Kitchener meeting. Mayor B. Vrbanovic advised Mr. Dan Graham had registered as a delegation regarding this matter, but was not in attendance this date. Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola "That the report of Heritage Kitchener be adopted." Carried Unanimously by all members present, on a recorded vote. 6.b. Tenders Ms. Michelle Palmer, Director of Supply Services, 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 P. Singh Seconded by Councillor D. Schnider "That Tender T16-094 Sand/Salt Spreader Body with Prewetting and Anti -Icing, be awarded to FST Canada Inc. o/a Joe Johnson Equipment, Innisfil, Ontario, at their tendered price of $113,626., plus H.S.T. of $14,771.38, for a total of $128,397.38." - and - "That Tender T16-088 Remove and Dispose of Excess Material from Battler Yard (1585 Battler Road), be awarded to 2224813 Ontario Inc. o/a KG Services, Brantford, Ontario, at their tendered price of $192,000., including provisional items and contingencies of $29,000., plus H.S.T. of $24,960., for a total of $216,960." - and - "That Tender T16-080 Utility Meter Reading Services, be awarded to Olameter Incorporated, Aurora, Ontario, at their tendered price of $1,372,450.88, plus H.S.T. of $178,418.61, for a total of $1,550,869.49, for a three (3) year term, with an option to renew for one (1) additional three (3) year term." - and - "That Proposal P16-075 Authorized Contractors: Kitchener Utilities Rental Water Heater Program, be awarded to the following contractors: • Amber Heating & Sheet Metals Ltd., Kitchener, Ontario; • Infiniti Air Conditioning & Heating, Kitchener, Ontario; • McGregor Plumbing & Heating Inc., Tavistock, Ontario; • Tiger Plumbing Inc., Waterloo, Ontario; and, • Triple 8 Plumbing & Heating Inc., Kitchener, Ontario, at the City's established allowance rates for five (5) years, with an option to renew for one (1) additional twelve (12) month term." 1-1Te COUNCIL MINUTES OCTOBER 24, 2016 -178- CITY OF KITCHENER "That Expression of Interest E16-084 Consultant Services — Metzloff Drive Reconstruction (Belmont Avenue West to Patricia Avenue), be awarded to IBI Group, Waterloo, Ontario, at their estimated fee of $171,538.40, including contingencies of $15,594.40, plus H.S.T. of $22,300., for a total of $193,838.40, based on a satisfactory contract being negotiated and an upset fee being established." Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor S. Marsh "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola requested that Clause 1 of the Committee report pertaining to the 2017 Kitchener Utility natural gas rates be dealt with separately. Councillor Z. Janecki requested that Paragraph 4 of Clause 1, related to the Ontario Cap and Trade component of the natural gas delivery rate be considered separately. A motion was brought forward by Councillor Gazzola, seconded by Councillor Janecki, to defer consideration of Clause 1 to the special Council meeting on November 7, 2016 to allow time for staff to provide information as to the impact of decreasing the supply component rate to 8.5000 cents per cubic metre and the transportation component rate to 4.5000 cents per cubic metre. In response to questions, Mr. D. Chapman advised the proposed rate decreases would adversely impact on the Natural Gas Stabilization Reserve. He indicated a minimum balance of approximately 10% of annual revenue is maintained in the Stabilization Reserve, and estimated the proposed reductions are equivalent to 10% of annual revenue. Therefore, the proposed reduction would effectively eliminate the Stabilization Reserves in supply and transportation. He noted this past year there was a $5M swing in the actuals for supply, which demonstrates the potential volatility in that program and the need for adequate reserve balances. Councillor Gazzola's deferral motion was voted on and was LOST on a recorded vote, with Councillors J. Gazzola, S. Marsh, Y. Fernandes and Z. Janecki voting in favour; and, Mayor B. Vrbanovic and Councillors B. loannidis, S. Davey, F. Etherington, D. Schnider and P. Singh voting in opposition. Councillor K. Galloway-Sealock was absent from this meeting and accordingly did not vote. Councillor J. Gazzola then requested that all five paragraphs of Clause 1 be voted on separately on recorded votes. The Committee report was voted on Clause by Clause. Paragraph 1, Clause 1 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors F. Etherington, S. Marsh, S. Davey, B. loannidis, Z. Janecki, D. Schnider and P. Singh. Contra: Councillors J. Gazzola and Y. Fernandes. Absent: Councillor K. Gal loway-Sealock. Paragraph 2, Clause 1 — Carried on a recorded vote. OCTOBER 24, 2016 COUNCIL MINUTES -179- CITY OF KITCHENER In Favour: Mayor B. Vrbanovic and Councillors F. Etherington, S. Marsh, S. Davey, B. loannidis, Z. Janecki, D. Schnider, P. Singh, and Y. Fernandes. Contra: Councillor J. Gazzola Absent: Councillor K. Gal loway-Sealock. Paragraph 3, Clause 1 — Carried Unanimously by all members present, on a recorded vote. Paragraph 4, Clause 1 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors F. Etherington, S. Marsh, S. Davey, B. loannidis, J. Gazzola, D. Schnider, P. Singh, and Y. Fernandes. Contra: Councillor Z. Janecki. Absent: Councillor K. Gal loway-Sealock. Paragraph 5, Clause 1 — Carried Unanimously by all members present, on a recorded vote. Balance of report — Carried. 7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES Moved by Councillor P. Singh Seconded by Councillor B. loannidis "That the report of the Planning & Strategic Initiatives Committee be adopted." Councillor J. Gazzola requested that Clause 2 of the Committee report pertaining to the Kitchener Market Strategy be dealt with separately on a recorded vote. Councillor Y. Fernandes requested that Clause 4 of the Committee report concerning the deferral of the motion in respect of the Ontario Municipal Board jurisdiction also be dealt with separately on a recorded vote. Clause 2 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors F. Etherington, S. Marsh, S. Davey, B. loannidis, D. Schnider, P. Singh, and Y. Fernandes. Contra: Councillors J. Gazzola and Z. Janecki. Absent: Councillor K. Gal loway-Sealock. Clause 4 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors F. Etherington, S. Marsh, S. Davey, B. loannidis, D. Schnider, P. Singh, and J. Gazzola. COUNCIL MINUTES OCTOBER 24, 2016 -180- CITY OF KITCHENER Contra: Councillors Z. Janecki and Y. Fernandes. Absent: Councillor K. Gal loway-Sealock. Balance of report — Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — On behalf of Council, Mayor B. Vrbanovic recognized the contributions of Mr. R. Regier, Executive Director of Economic Development, as this was his last Council meeting with the City of Kitchener. He expressed appreciation for the work undertaken by Mr. Regier and thanked him for his 11 years of service. 10. QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Moved by Councillor J. Gazzola Seconded by Councillor F. Etherington "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. Being a by-law to exempt certain lots from Part Lot Control - Part of Block 14, Registered Plan 58M-257 - Activa Avenue. e. Being a by-law to exempt certain lots from Part Lot Control - Block 114, Registered Plan 58M-474 - Countrystone Drive. f. Being a by-law to exempt certain lots from Part Lot Control - Part Blocks 22 and 23, Registered Plan 58M-504 - Doon Creek Street. g. Being a by-law to exempt certain lots from Part Lot Control - Part Block 4, Registered Plan 58M-340 - Red Clover Court. h. Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 4, Registered Plan 58M-340 - Red Clover Court. Being a by-law to exempt certain lots from Part Lot Control - Lot 38, Registered Plan 779 - 289 & 291 Sherwood Avenue. Being a by-law to exempt certain lots from Part Lot Control - Lot 39, Registered Plan 779 - 293 & 295 Sherwood Avenue. k. Being a by-law to exempt certain lots from Part Lot Control - Lot 40, Registered Plan 779 - 297 & 299 Sherwood Avenue. Being a by-law to exempt certain lots from Part Lot Control - Lot 41, Registered Plan 779 - 301 & 303 Sherwood Avenue. COUNCIL MINUTES OCTOBER 24, 2016 - 181 - CITY OF KITCHENER M. Being a by-law to exempt certain lots from Part Lot Control - 42, Registered Plan 779 - 305 & 307 Sherwood Avenue. n. Being a by-law to exempt certain lots from Part Lot Control - Lot 43, Registered Plan 779 - 309 & 311 Sherwood Avenue. o. Being a by-law to exempt certain lots from Part Lot Control - Block 54, Registered Plan 58M-572 - Templewood Drive. p. To confirm all actions and proceedings of the Council. 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, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor Z. Janecki as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic 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 J. Gazzola Seconded by Councillor F. Etherington "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. 2016-097) 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. 2016-098) 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. 2016-099) d. Being a by-law to exempt certain lots from Part Lot Control - Part of Block 14, Registered Plan 58M-257 - Activa Avenue. (By-law No. 2016-100) COUNCIL MINUTES OCTOBER 24, 2016 -182- CITY OF KITCHENER e. Being a by-law to exempt certain lots from Part Lot Control - Block 114, Registered Plan 58M-474 - Countrystone Drive. (By-law No. 2016-101) f. Being a by-law to exempt certain lots from Part Lot Control - Part Blocks 22 and 23, Registered Plan 58M-504 - Doon Creek Street. By-law No. 2016-102) g. Being a by-law to exempt certain lots from Part Lot Control - Part Block 4, Registered Plan 58M-340 - Red Clover Court. (By-law No. 2016-103) h. Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 4, Registered Plan 58M-340 - Red Clover Court. (By-law No. 2016-104) Being a by-law to exempt certain lots from Part Lot Control - Lot 38, Registered Plan 779 - 289 & 291 Sherwood Avenue. (By-law No. 2016-105) j. Being a by-law to exempt certain lots from Part Lot Control - Lot 39, Registered Plan 779 - 293 & 295 Sherwood Avenue. (By-law No. 2016 -106) k. Being a by-law to exempt certain lots from Part Lot Control - Lot 40, Registered Plan 779 - 297 & 299 Sherwood Avenue. (By-law No. 2016- 107) Being a by-law to exempt certain lots from Part Lot Control - Lot 41, Registered Plan 779 - 301 & 303 Sherwood Avenue. (By-law No. 2016- 108) M. Being a by-law to exempt certain lots from Part Lot Control - 42, Registered Plan 779 - 305 & 307 Sherwood Avenue. (By-law No. 2016-109) n. Being a by-law to exempt certain lots from Part Lot Control - Lot 43, Registered Plan 779 - 309 & 311 Sherwood Avenue. (By-law No. 2016-110) o. Being a by-law to exempt certain lots from Part Lot Control - Block 54, Registered Plan 58M-572 - Templewood Drive. p. To confirm all actions and proceedings of the Council. (By-law No. 2016-111) (By-law No. 2016-112) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. OCTOBER 24, 2016 COUNCIL MINUTES '183' Onmotion, the meeting adjourned atO:U7p.m. . ... ....... MAYOR CITY OF KITCHENER ....... .. .. . A .. .. .. ... .. COUNCIL MINUTES OCTOBER 24, 2016 -184- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That the supply component of the natural gas rate be decreased to 9.5000 cents per cubic meter from 10.5000 cents per cubic meter for system gas customers of Kitchener Utilities effective January 1, 2017; and, That the transportation component of the natural gas rate be increased to 5.0000 cents per cubic meter from 4.0000 cents per cubic meter for system gas customers of Kitchener Utilities effective January 1, 2017; and, That the delivery components of the natural gas rate be as proposed in Appendix `A' of Infrastructure Services Department report INS -16-061 for all Kitchener Utilities delivery customers effective January 1, 2017, which represents no net change in delivery revenue attributed to Kitchener Utilities' costs; and, That the Ontario Cap and Trade component of the natural gas delivery rate be established at 3.5647 cents per cubic meter for all gas customers of Kitchener Utilities effective January 1, 2017 in accordance with the requirements of Provincial legislation, as outlined in Report INS - 16 -061; and further, That staff be directed to include messaging on the Kitchener Utility Natural Gas bill to indicate the approximately 10% additional monthly charge is to cover the cost of the new Province of Ontario Cap and Trade Program. (Carried, on a recorded vote) 2. That a new stabilization and capital reserve fund be created to mitigate rate volatility and fund capital projects relating to the Cap and Trade program, as outlined in Appendix `C' of Infrastructure Services Department report INS -16-067. 3. That an extension of the purchase order be issued to MTE Consultants Inc. for Engineering Consultant services related to the Freeport Forcemains from Hidden Valley Drive to the intersection of Goodrich Drive and Wabanaki Drive in the amount of $346,734., plus HST, be approved, as outlined in Infrastructure Services Department report INS -16-036. 4. That the existing five (5) speed humps and one (1) raised crosswalk be maintained permanently on Bechtel Drive between Doon Village Road and Black Walnut Drive; and further, That the existing two (2) speed cushions and one (1) raised crosswalk be maintained on a permanent basis on Pioneer Drive between Doon Village Road and Black Walnut Drive, as outlined in Infrastructure Services Department report INS -16-075. 5. That consideration of the following recommendation be referred to November 14, 2016 Finance and Corporate Services Committee meeting (Operating Budget) to allow for the development of an Issue Paper to outline: "That ADR Chambers, Toronto, Ontario provides the following Optional Services as outlined in Finance and Corporate Services report FCS -16-150 at their quoted hourly rates for a contract term of three (3) years with the option to renew for two (2) additional years with the same terms and pricing: • Option #1 - Education and Training Services,- Option ervices,Option #4 - Combining MCIA legal advice with access to formal advice and consultations, and, That the budget increase associated with these optional services be included in the draft 2017 operating budget as a service level increase, and further, That staff report back at a future date with the requisite policy changes to implement any optional services selected by Council." OCTOBER 24, 2016 COUNCIL MINUTES - 185 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) CITY OF KITCHENER 6. That the following project applications be approved to be submitted for consideration under the Clean Water and Wastewater Fund (CWWF): a. Alice Avenue/Karn Street Full Reconstruction b. Hugo Crescent/Lorne Avenue Full Reconstruction, as outlined in Finance and Corporate Services Department report FCS -16-152. PLANNING AND STRATEGIC INITIATIVES COMMITTEE — 1. That Council endorse in principle pursuing approval authority for the approval of amendments to Kitchener's Official Plan; and further, That Staff be directed to investigate the feasibility and implications of being delegated approval authority for amendments to Kitchener's Official Plan and report back before the end of 2017, as outlined in Community Services Department report CSD -16-053. 2. That the Kitchener Market Strategy be approved as the guiding document for the Kitchener Market and market -related activities of the Economic Development division and the City of Kitchener, as outlined in Chief Administrator's Office report CAO -16-027. (Carried, on a recorded vote) 3. That Community Services Department report CSD -16-069 regarding comments on the proposed Growth Plan for the Greater Golden Horseshoe, 2016 be endorsed and submitted to the province as the City of Kitchener comments; and further, That the minutes of the Planning and Strategic Initiatives Committee meeting of October 3, 2016 and the Council meeting of October 26, 2016 be included in the submission to Province as part of the City of Kitchener's comments. 4. WHEREAS the Premier issued a new mandate letter to the Minister of Municipal Affairs on September 23, 2016 that includes the requirement that the Minister engage in broad consultation with respect to the reform of the Ontario Municipal Board (OMB) and introduce legislation by spring of 2017; and, WHEREAS Ontario issued a bulletin dated June 23, 2016 in which it indicated that the government was developing a consultation paper respecting Ontario Municipal Board Reform that will be released in the fall of 2016; and, WHEREAS the consultation paper has not yet been released by the government; THEREFORE BE IT RESOLVED that the notice of motion in respect of Ontario Municipal Board Jurisdiction, having been deferred by Council on February 22, 2016 to the Planning and Strategic Initiatives Committee meeting of October 3, 2016, be further deferred to a future meeting of the Planning and Strategic Initiatives Committee, pending the following: a) The release by Ontario of the consultation paper referenced in the bulletin dated June 23, 2016; b) The provision by staff of a draft response to the consultation paper; and, BE IT FINALLY RESOLVED that consideration of including the following statements in the February 22, 2016 notice of motion be deferred to a future meeting of the Planning and Strategic Initiatives Committee: "That the Province should generally strengthen the degree of regard that the Ontario Municipal board must show to the Provincial Policy and to decisions made by local Councils, and, COUNCIL MINUTES OCTOBER 24, 2016 -186- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE — (CONT'D) 4. (Cont'd) That the Province should review the manner in which appeals are heard by the Ontario Municipal Board, with a view to requiring that the norm should be for appeals to be heard in the same manner as appeals are heard by the Courts and not as trials de novo." (Carried, on a recorded vote) HERITAGE KITCHENER — 1. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property known as 48 Ontario Street North as being of cultural heritage value or interest. (Dealt with under Delegations and Carried) OCTOBER 24, 2016 Q 3 COUNCIL MINUTES -187- COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS — 1. Various Tenders Dealt with under Delegations. 2. FCS -16-165 — Appointment to Kitchener Power Corporation Council considered Finance and Corporate Services Department report FCS -16-165 (C. Tarling), dated October 19, 2016. It was resolved: "That Mr. James Phillips be appointed to the Board of Kitchener Power Corporation for the current tem ending December 31, 2016." 3. INS -16-085 — Delegated Authority — Ontario Cap & Trade Program Council considered Infrastructure Services Department report INS -16-085 (J. Edmondson), dated October 14, 2016. Council agreed to revise the recommendation contained in Report INS -16-085, to refer to the Department Head of Infrastructure Services as opposed to the Deputy CAO. It was resolved: "That the Manager of Gas Supply Operations & Regulations and the Regulatory Analyst be authorized to act as the primary and alternate account representatives, respectively, for The Corporation of the City of Kitchener, in order to comply with the legislated requirements of the Ontario Cap & Trade Program; and further, That the Department Head of Infrastructure Services and the Director of Utilities be authorized to execute any other required operational documents that fall within the provisions of the Ontario Cap & Trade Program; such documentation subject to the satisfaction of the City Solicitor." 4. FCS -16-141 — 2016 August Variance Report Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by Councillor Y. Fernandes to discuss Item 4, which was voted on and was Carried. Council received Finance and Corporate Services Department report FCS -16-141 (R. Hagey), dated October 18 2016, as information. Mr. D. Chapman, DCAO, Finance and Corporate Services, responded to questions regarding various items outlined in the variance report.