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HomeMy WebLinkAboutCouncil - 2017-06-05COUNCIL MINUTES JUNE 5, 2017 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 S. Marsh, the minutes of the regular meeting held May 15, 2017 and special meetings held May 15 & 29, 2017, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - Councillor P. Singh declared a pecuniary interest with respect to Finance and Corporate Services report FCS -17-103, listed as item B.1.iv on the Committee of the Whole agenda, as he owns property in close proximity to the subject area; accordingly, he did not participate in any discussions or voting regarding that matter. Wolf] khIkh111ki1I:Nevi1150ki 0:1a:10N:IBIN ri11a14:0 Flag Request under Policy 1-442: • Canadian Eritrean Community —Anniversary of State of Eritrea —May 24, 2017 5. PRESENTATIONS — 5.a. Akshansh Ajay Kumar On behalf of Council, Mayor B. Vrbanovic acknowledged Akshansh Ajay Kumar, Doon Public School, for advancing to the Scripps National Spelling Bee, in Washington, DC on May 31, 2017. 5.b. Certificates of Appreciation and Long Service Recognition Awards On behalf of Council, Mayor B. Vrbanovic and Ms. Marla Pender, Facilitator of Volunteer Resources, acknowledged the following recipients of Certificates of Appreciation and Long Service Recognition Awards: Minor Sports Groups • Kitchener Waterloo Predators Volleyball Club — 10 years; • Centreville Chicopee Outdoor Rink — 15 years; • Asahi Judo Club — 50 years; • Kitchener Soccer Club — 50 years; • KW Track and Field Club — 55 years; and, • Waterloo Regional Boxing Academy — 70 years. Citizen Committees • Mayor's Advisory Council for Kitchener Seniors — 30 years. Citizen Volunteer Groups • Breithaupt Centre Snack Bar — 25 years. Neighbourhood Associations • Olde Berlin Towne Neighbourhood Association — 45 years; • Boardwalk Neighbourhood Association — 5 years; • Alpine Community Neighbourhood Association — 10 years; • Westmount Neighbourhood Association — 10 years; • Caryndale Neighbourhood Association — 40 years; • Highland Stirling Community Group — 40 years; • Stanley Park Community Association — 40 years; and, • Bridgeport Community Association — 60 years. COUNCIL MINUTES JUNE 5, 2017 -97- CITY OF KITCHENER Mayor B. Vrbanovic recognized Violet Cook who was named the City of Kitchener's "Senior of the Year" during the Living Well Expo on May 27, 2017. 6. DELEGATIONS — 6.a. Naming of Private Road — Netherby Lane Mayor B. Vrbanovic advised that notice had been given for any member of the public to attend this meeting to speak for or against a by-law to name a private road in a residential development as Netherby Lane, listed as Items 11.d and 14.d on the Council agenda. It was noted no one was in attendance this date to speak for or against the by-law. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That the by-law to name a private road as Netherby Lane, listed as Items 11.d. and 14.d, be taken as read a first and second time and be recommended for enactment." Carried. 6.b. Sidewalk Infill — St. Vincent Street Mr. Jason Jones and Mr. Shawn Murray addressed Council in opposition to the proposed sidewalk infill on St. Vincent Street, listed under Clause 3 of the Community and Infrastructure Services Committee report. Both opposed the recommendation as the installation of a sidewalk would require the removal of mature trees. Mr. Jones encouraged Council to reconsider the recommendation and consider a sidewalk on one side of the road only. Mr. Murray noted the installation of a sidewalk at the front of his property would encourage pedestrian traffic and would increase the risk of burglary. Council was in receipt of a letter this date from the residents of 440 Louisa Street in opposition to the proposed sidewalk infill. Councillor J. Gazzola requested to have Hill Street and St. Vincent Street of Clause 3 of the Committee report proposing approval of sidewalk infill voted on separately. Moved by Councillor B. loannidis Seconded by Councillor S. Marsh "That Clause 3 of the Community and Infrastructure Services Committee report be adopted." Clause 3 - (Hill Street and St. Vincent Street) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors B. loannidis, S. Marsh, P. Singh, S. Davey, D. Schnider, K. Galloway-Sealock and F. Etherington. Contra: Councillors Y. Fernandes, Z. Janecki and J. Gazzola. Clause 3 - Balance of the recommendation - Carried. Kitchener Housing Inc. Board of Directors Appointment Mr. Bob McColl, Chair, Kitchener Housing, was in attendance in support of the recommendation as outlined in Finance and Corporate Services Department report FCS -17-112, listed as item B.2 on the Committee of the Whole agenda of this date. COUNCIL MINUTES JUNE 5, 2017 _98- CITY OF KITCHENER Moved by Councillor Y. Fernandes Seconded by Councillor D. Davey "That Michael Mooney be appointed to the Board of Directors for Kitchener Housing Incorporated for the term ending November 30, 2019." Carried. 6.c. Tenders Ms. M. 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. Mayor B. Vrbanovic advised that Finance and Corporate Services Report FCS -17-108, relating to Charles & Benton Parking Garage Repairs, listed as Item B.1.ix on the Committee of the Whole agenda has been removed for further investigation at staffs request. Councillor Y. Fernandes requested that Tenders E17-043 [Heiman Street and Mill Street Reconstruction] and E17-065 [Class Environmental Assessment and Preliminary Design Services — Otterbein Sewage Pumping Station Upgrades], listed as Items B.1.i and B.1.ii, on the Committee of the Whole, be voted on separately. In accordance with Councillor Singh's previously declared pecuniary interest, Tender E17-049 (Sandra Avenue and Third Avenue Reconstruction), listed as Committee of the Whole Item B.1.iv, was voted on separately; and he did not take part in any discussion or voting regarding that matter. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That Expression of Interest E17-043 Consultant Services — Heiman Street (West End to Highland Road East) and Mill Street (Ottawa Street South to Courtland Avenue East) Reconstruction, be awarded to IBI Group, Waterloo, Ontario, at their estimated fee of $390,423., including contingencies of $85,493., plus H.S.T. of $50,754.99, for a total of $441,177.99, based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Expression of Interest E17-065 Consultant Services - Class Environmental Assessment and Preliminary Design Services for Otterbein Sewage Pumping Station Upgrades, be awarded to AECOM Canada Ltd., Kitchener, Ontario, at their corrected estimated fee of $166,807.50, including contingencies and unforeseen provisional items of $36,757.50, plus H.S.T. of $21,684.98, for a total of $188,492.48, based on a satisfactory contract being negotiated and an upset fee being established." Carried. Moved by Councillor Y. Fernandes Seconded by Councillor B. loannidis "That Expression of Interest E17-049 - Consultant Services Sandra Avenue (Belmont Avenue West to Patricia Avenue) and Third Avenue (Kingsway Drive to Connaught Street) Reconstruction, be awarded to IBI Group, Waterloo, Ontario, at their estimated fee of $377,250.50, including contingencies of $34,295.50 plus H.S.T. of $49,042.57, for a total of $426,293.07, based on a satisfactory contract being negotiated and an upset fee being established." Carried. Pecuniary Interest & Abstention: Councillor P. Singh as he owns property in the subject area. COUNCIL MINUTES JUNE 5, 2017 -99- CITY OF KITCHENER Moved by Councillor B. loannidis Seconded by Councillor J. Gazzola "That Tender T17-084 Road Seal Resurfacing Contract, be awarded to MSO Construction Limited, Etobicoke, Ontario, at their adjusted tendered price of $167,686.40, plus H.S.T. of $21,799.23, for a total of $189,485.63." P F:Wee "That Expression of Interest E17-060 Consultant Services - Idlewood Creek Restoration Detailed Design and Construction Administration, be awarded to Stantec Consulting Inc., Waterloo, Ontario, at their corrected estimated fee of $522,275.60, including contingencies of $47,479.60, plus H.S.T. of $67,895.83, for a total of $590,171.43, based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Tender T17-081 Emerald Ash Borer Chemical Injections, be awarded to Greenlawn Ltd. o/a Trugreen, Mississauga, Ontario, at their tendered price of $73,669.24, plus H.S.T. of $9,577., for a total of $83,246.24, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." -and- "That Tender T17-087 Roof Rehabilitation — Lions Arena, be awarded to Flynn Canada Ltd., Cambridge, Ontario, at their tendered price of $366,350., plus H.S.T. of $47,625.50, for a total of $413,975.50." -and- "That Tender T17-074 City Hall Parking Garage Repairs, be awarded to Birchcliff Construction Ltd., at their tendered price of $297,600., plus H.S.T. of $38,688., for a total of $336,288." - and - "That Quotation Q17-010 Exterior Wall Cladding Chandler Mowat Community Centre, be awarded to Adems Restoration, Richmond Hill, Ontario, at their tendered price of $182,500., plus H.S.T. of $23,725., for a total of $206,225." -and- "That Tender T17-058 Plumbing Supplies & Related Materials, be awarded to Mark's Supply, Kitchener, Ontario, at their tendered price of $64,597.96, plus H.S.T. of $8,397.73, for a total of $72,995.69, for a one (1) year term, with an option to renew for four (4) additional twelve (12) month terms." -and- "That CSDC Systems Inc., Mississauga, ON, be the sole source provider for the upgrade to the Public Portal software module at a cost of $212,700, plus H.S.T of $24,340.00, for a total of $237,040.00; and further, That funding of $250,000.00 be transferred from the Building Stabilization reserve fund to cover the costs of upgrading the Public Portal software." 951ii eE "That Proposal P16-055 Mobile Workforce Management System, be awarded to Clevest Solutions Inc., Richmond, British Columbia, at their proposed price of $519,947., plus H.S.T. of $67,593.11, for a total price of $587,540.11." Carried. COUNCIL MINUTES JUNE 5, 2017 -100- CITY OF KITCHENER rAII59191khhh111a14:11104:1i]:i&IM9191khIkhLei ki111Wail kiU71ki1a: A-19:11L4a to] : A&IA:1►U[y*y Moved by Councillor B. loannidis Seconded by Councillor S. Marsh "That the balance of the Community and Infrastructure Services Committee report be adopted." Councillor J. Gazzola requested that Clause 4 related to the resident led traffic calming program be voted on separately on a recorded vote. Clause 4 — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors B. loannidis, S. Marsh, Y. Fernandes, P. Singh, S. Davey, D. Schnider, K. Galloway-Sealock and F. Etherington. Contra: Councillors Z. Janecki and J. Gazzola. Balance of report — Carried. rAK9191khhh111a14:111:1419]:i&ISalki Fill ki[yz1ve1kiUX91910li1:7eTAIAliziA:1U[y*1 Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That the report of the Finance and Corporate Services Committee be adopted." Councillor P. Singh requested that Clause 3 of the Finance and Corporate Services Committee report, related to participatory budging, be voted on separately on a recorded vote. Councillor J. Gazzola requested that Clause 4 relating to Update 2 in Finance and Corporate Services Department report FSC -17-095 be voted on separately on a recorded vote. The Committee report was then voted on clause by clause. Clause 3 — Carried Unanimously, on a recorded vote. Clause 4 (Update 2 — Exclude the minimum primary bank account balance requested to obtain a preferred rate from the ST Portfolio) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors, B. loannidis, S. Marsh, Y. Fernandes, P. Singh, S. Davey, D. Schnider, K. Galloway-Sealock, and F. Etherington. Contra: Councillors, Y. Fernandes, Z. Janecki, and J. Gazzola. Balance of report including the balance of Clause 4 — Carried. rAK9191khhh111a14:11104:1i]:i&IS,Will kilkillki [evil kiU1&II:TA9:1c] Los IkiI111/e'llI1U:&l Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. COUNCIL MINUTES JUNE 5, 2017 -101- CITY OF KITCHENER 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — In response to questions, Ms. C. Fletcher, Interim Executive Director — Infrastructure Services, agreed staff would review alternative uses during non -winter seasons for the Snow Storage Disposal Facility at 1585 Battler Road. 10. QUESTIONS AND ANSWERS — In response to questions, Mr. M. May, Deputy CAO — Community Services, advised By -Law Enforcement staff is reviewing complaints related to excessive noise received between June 2-4, 2017 and will work with the event organizers to identify means to avoid future event concerns. 11. BY-LAWS (FIRST READING) — Moved by Councillor Y. Fernandes Seconded by Councillor J. Gazzola "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 name a private road as Netherby Lane in the City of Kitchener. e. Being a by-law to exempt certain lots from Part Lot Control — Part Lots 27, 28 and 29, Registered Plan 58M-532 — 141-145 Rochefort Street. f. 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 S. Marsh as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor S. Marsh Seconded by Councillor K. Galloway-Sealock "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 JUNE 5, 2017 - 102 - CITY OF KITCHENER 14. BY-LAWS (THIRD READING) - Moved by Councillor S. Davey 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. 2017--057) 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. 2017-058) 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. 2017-059) d. Being a by-law to name a private road as Netherby Lane in the City of Kitchener. (By-law No. 2017-060) e. Being a by-law to exempt certain lots from Part Lot Control — Part Lots 27, 28 and 29, Registered Plan 58M-532 — 141-145 Rochefort Street. (By-law No. 2017-0161) f. To confirm all actions and proceedings of the Council. (By-law No, 2017-062) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:36 p.m. .. . . . .. ... .... ... .. ... ....... MAYOR CLERK COUNCIL MINUTES JUNE 5, 2017 -103- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — That the Uniform Traffic By-law be amended to prohibit parking on the south side of Bramm Street from Victoria Street South to the first laneway west of Victoria Street, as outlined in Infrastructure Services Department report INS -17-017. That the Uniform Traffic By-law be amended to implement a 30 minute "loading zone" on the east (odd numbered) side of Queen Street North from a point 30 metres north of Duke Street to a point 10 metres north thereof, as outlined in Infrastructure Services Department report INS - 17 -037. That the following streets be approved for sidewalk infill as per the Sidewalk Infill Policy attached to Infrastructure Services Department report INS -15-051 approved by Council June 1, 2015, and as outlined in Infrastructure Services Department report INS -17-041: • Hill Street and St. Vincent Street; and, • Patricia Ave; and further, That the following streets be deferred to the June 12, 2017 Community and Infrastructure Services Committee meeting for sidewalk infill as outlined in Report INS -17-041 to allow for staff to further review proposed design options and impacts on mature trees: • Shantz Lane; and, • Bond Street. (Carried, on a recorded vote) That the commencement of a Resident Led Traffic Calming program, as outlined in Infrastructure Services Department report INS -17-038 be approved as amended. (Carried, on a recorded vote) That the existing five (5) medians and two (2) chicanes be maintained permanently on Glasgow Street between Knell Drive and Fischer -Hallman Road, as outlined in Infrastructure Services Department report INS -17-042; and further, That a speed cushion be installed on Glasgow Street approximately 175 metres south of Knell Drive. FINANCE AND CORPORATE SERVICES COMMITTEE — That the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute recipient grant agreements to the satisfaction of the City Solicitor for the Starter Company Plus and Summer Company programs, as outlined in Chief Administrator's Office report CAO -17-017. That the Mayor and Clerk be authorized to execute an Agreement with the owner of 447 Deer Ridge Drive for their acquisition of the City's parcel of land having an area of 113.0 sq. m., legally described as Part 1 on Plan 58R-19735, at a purchase price of $12204., and that the subject land be declared surplus to the City's needs, and for the City's acquisition from the owner of 447 Deer Ridge Drive of a parcel of land having an area of 12.3 sq. m., legally described as Part 2 on Plan 58R-19735, at a purchase price of $1328., with all costs of this transaction to be borne by the owner of 447 Deer Ridge Drive; said agreement to be to the satisfaction of the City Solicitor, as outlined in Chief Administrator's Office report CAO -17-018; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, said documentation to be to the satisfaction of the City Solicitor. COUNCIL MINUTES JUNE 5, 2017 -104- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) That staff be directed to conduct two participatory budgeting engagement pilot projects for the redesign of Sandhills Park and Elmsdale Park, as outlined in Finance and Corporate Services Department report FCS -17-094; and, That the participatory budgeting engagement process regarding park redesign be complete by the end of 2017; and further, That the focus of the participatory budgeting engagement be on improving accountability & trust, and increasing community engagement. (Carried Unanimously, on a recorded vote) That Policy FIN -PLA -605 (Investment Policy), attached as Appendix `A' to Finance and Corporate Services Department report FCS -17-095, be approved as amended at the May 29, 2017 Finance and Corporate Services Committee meeting. (Carried, on a recorded vote) That Policy HUM -WOR -140 (Respect in the Workplace) and Policy HUM -WOR -250 (Violence in the Workplace), as attached to Finance and Corporate Services Department report FCS -17- 099, be approved. ,Ae1kilkillki [evil kiU1X39:7evd9xr] Los Iki1111EVA I1U*K9191k I kh 111 a 14:11112 That the report, entitled "Our Progress, Our Path: An Update on Waterloo Region's Community Carbon Footprint" be submitted to the Federation of Canadian Municipalities as the City of Kitchener's fulfillment of Community Milestone 4 and 5 of the Partners for Climate Protection program, as outlined in Community Services Department report CSD -17-046, and further; That the City of Kitchener continue to participate as a collaborative partner in the upcoming engagement process to establish a community greenhouse gas reduction target beyond 2020. That staff consult on the new Zoning By-law: Component E — First Draft (Residential Zones) in accordance with the requirements of the Planning Act and where appropriate combine consultation with other neighbourhood -based, Planning Division led initiatives as further outlined in Community Services Department report CSD -17-045. COUNCIL MINUTES JUNE 5, 2017 -105- 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 -17-112 — Appointment to Kitchener Housing Inc. Board of Directors Dealt with under Delegations. 3. FCS -17-113 — Appointments to the Economic Development Advisory Committee and the Downtown Action & Advisory Committee Council considered Finance and Corporate Services Department report FCS -17-113 (C Tarling), dated May 26, 2017. It was resolved: "That David Billedeau be appointed as the "Manufacturing" sector representative for the Economic Development Advisory Committee for the term ending November 30, 2020, as attached to staff report FCS -17-113 in Appendix A', and further, That Robert Nyman be appointed as the "Building Owner/Local Developer" representative for the Downtown Action and Advisory Committee for the term ending November 30, 2018, as attached to staff report FCS -17-113 in Appendix `A'." 4. FCS -17-117 — Encroachment Agreement — Rogers Communications Council considered Finance and Corporate Services Department report FCS -17-117 (E. Mogck), dated May 24, 2017. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with Rogers Communications Inc. to allow for the installation of new ducts and vaults over City of Kitchener land at the corner of Shelley Drive and Vanier Drive." 5. FCS -17-118 — Fence Variance — 246 Blair Creek Drive Council considered Finance and Corporate Services Department report FCS -17-118 (D. Saunderson), dated May 17, 2017. It was resolved: "That the application of Karim Mohamed and Nichola Matthews (FN 2017-001 — 246 Blair Creek Drive) requesting permission to construct a wooden fence having a height of 1.82m located 0.61m from the side lot line abutting Pieter Vos Drive rather than the required 1.5m setback, on Block 35, Registered Plan 58M-583 and Block 90, Registered Plan 58M-580, 246 Blair Creek Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: COUNCIL MINUTES JUNE 5, 2017 -106- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 5. FCS -17-118 — Fence Variance — 246 Blair Creek Drive (Cont'd) 1. That the owners shall submit and obtain approval of a landscape plan from the City's Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the site lot line abutting Pieter Vos Drive. All landscaping shall be completed by September 30th, 2017 and shall be maintained in accordance with the approved landscape plan." 6. INS -17-049 — Climate and Asset Management Network Funding Opportunity Attached is Infrastructure Services Department report INS -17-049 (J. Winter), dated May 30, 2017. It was resolved: "That the City of Kitchener participate in the Climate and Asset Management Network to refresh the asset management policy, strategy and governance framework for the City of Kitchener and implement a levels of service project; and, That the City of Kitchener commit $175,000 upfront from its budget with full expectations that the funding application be approved; and further, That the Infrastructure Services Department Head be authorized to execute the funding agreement under the Municipalities for Climate Innovation Program with Federation of Canadian Municipalities (FCM) said agreement to be satisfactory to the City Solicitor." A recorded vote was requested In Favour: Mayor B. Vrbanovic and Councillors, B. loannidis, S. Marsh, Y. Fernandes, P. Singh, S. Davey, J. Gazzola, D. Schnider, K. Galloway-Sealock, and F. Etherington. Contra: Councillors, Y. Fernandes and Z. Janecki.