HomeMy WebLinkAboutCouncil - 2018-06-11COUNCIL MINUTES
JUNE 11, 2018
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 Z. Janecki, the minutes of the regular meeting held May 7, 2018 and special
meetings held May 7, 8 & 28, 2018, 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 sidewalk infill on Mausser Avenue,
listed as Clause 8 on the Community and Infrastructure Services Committee Report dated May 28,
2018, as members of his family own property in close proximity to the subject area; accordingly, he
did not participate in any discussions or voting regarding that matter.
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a. Emails acknowledging receipt of Council's resolution regarding two-way all -day GO rail service
and high speed rail line, dated May 15-16, 2018, from B. Funes, Executive Correspondence
Officer, Prime Minister's Office; K. Wynne, Premier of Ontario; and, H. Woolsey, City Clerk's
Office, City of London.
b. Flag Requests under Policy MUN-FAC-442:
• Eritrean -Canadian Community of Kitchener -Waterloo & Area — May 24-30, 2018.
5. PRESENTATIONS —
5.a. Sustainable Waterloo Region
Mayor B. Vrbanovic indicated there would be no presentation by Sustainable Waterloo Region as listed
on the agenda this date.
5.b. Volunteer Recognition
On behalf of Council, Mayor B. Vrbanovic and Marla Pender, Facilitator
acknowledged the following recipients of Certificates of Appreciation and
Awards:
Minor Sports Groups
• Kitchener -Waterloo Sports Council and KidSport — 20 years;
• Waterloo Region Track 3 Ski School — 25 years;
• KW Diving Club — 30 years;
• K -W Sertoma Speed Skating Club — 55 years; and,
• Kitchener -Waterloo Skating Club — 80 years.
Citizen Volunteer Groups
• Rockway F.R.I.E.N.D.S. — 40 years; and,
• Happy Harmonica's —40 years.
Neighbourhood Associations
• Settler's Grove Association — 10 years;
• Williamsburg Community Association — 10 years;
• Chandler -Mowat Neighbourhood Association — 25 years;
• Mt. Hope Breithaupt Park Neighbourhood Association — 35 Years;
• Greenbelt Neighbourhood Association — 40 years; and,
• Victoria Hills Neighbourhood Association — 45 years.
of Volunteer Resources,
Long Service Recognition
JUNE 11, 2018 -91- CITY OF KITCHENER
6. DELEGATIONS — NIL
7. REPORTS OF COMMITTEES — FINANCE AND CORPORATE SERVICES COMMITTEE
Moved by Councillor S. Davey
Seconded by Councillor D. Schnider
"That the report of the Finance and Corporate Services Committee dated May 28, 2018 be
adopted."
Councillor J. Gazzola requested Clause 1 of the Finance and Corporate Services Committee report
be voted on separately on a recorded vote.
Clause 1 — Carried on a recorded vote.
In Favour: Mayor B. Vrbanovic and
Councillors S. Marsh, D. Schnider, K.
Galloway-Sealock, S. Davey, B. loannidis, F.
Etherington and P. Singh.
Contra: Councillors J. Gazzola, Z. Janecki and
Y. Fernandes
Balance of Report — Carried
7. REPORTS OF COMMITTEES — COMMUNITY AND INFRASTRUCTURE SERVICES
COMMITTEE
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor S. Marsh
"That the report of the Community and Infrastructure Services Committee dated May 28, 2018
be adopted."
Councillor S. Marsh requested Clause 8 of the Finance and Corporate Services Committee report be
voted on separately.
A motion was brought forward by Councillor S. Marsh, seconded by Councillor D. Schnider, to defer
consideration of Fairmount Road to the September 24, 2018 Council meeting, to allow staff an
opportunity to review technical challenges with the proposed location of the sidewalk outlined in
Report DSD -18-035.
Councillor Marsh's deferral was then voted on and was Carried.
Clause 8 (Mausser Avenue) — Carried on a recorded
vote.
In Favour: Mayor B. Vrbanovic and
Councillors S. Marsh, D. Schnider, Z. Janecki,
Y. Fernandes, K. Galloway-Sealock, S. Davey,
B. loannidis, and F. Etherington.
Contra: Councillors J. Gazzola
Pecuniary Interest and Abstention:
Councillors P. Singh because a member of his
family owns property in the vicinity of the
subject lands.
Clause 8 (Balance) — Carried on a recorded vote.
JUNE 11, 2018 -92- CITY OF KITCHENER
In Favour: Mayor B. Vrbanovic and
Councillors S. Marsh, D. Schnider, Z. Janecki,
Y. Fernandes, K. Galloway-Sealock, S. Davey,
and B. loannidis.
Contra: Councillors J. Gazzola and F.
Etherington.
Balance of Report — Carried.
8. UNFINISHED BUSINESS — NIL
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9.a Councillor Columns
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor P. Singh
"That in accordance with Section 25.7.14 of City of Kitchener Municipal Code Chapter 25
(Procedure) the notice requirements be waived to consider a notice of motion this date
regarding Councillor Columns in City -funded publications."
In Favour: Mayor B. Vrbanovic and
Councillors S. Marsh, D. Schnider, Z. Janecki,
K. Galloway-Sealock, S. Davey, B. loannidis,
F. Etherington and P. Singh.
Contra: Councillors Z. Janecki, and F.
Etherington.
Carried on a recorded vote.
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor P. Singh
"That staff be directed to review the policy around Councillor Columns in the Kitchener Citizen,
Neighbourhood Association Publications and other publications funded by the tax base."
In Favour: Mayor B. Vrbanovic and
Councillors S. Marsh, D. Schnider, K.
Galloway-Sealock, S. Davey, B. loannidis, F.
Etherington and P. Singh.
Contra: Councillors Z. Janecki, Y. Fernandes,
and F. Etherington.
Carried on a recorded vote.
10. QUESTIONS AND ANSWERS — NIL
11. BY-LAWS (FIRST READING) —
Moved by Councillor S. Davey
Seconded by Councillor B. loannidis
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. (Amends By-law 88-171
to add or delete areas of jurisdiction)
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. (Amends By-law 2008-117 to add or
delete areas of jurisdiction)
JUNE 11, 2018 -93- CITY OF KITCHENER
To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized
parking of motor vehicles on private property. (Amends By-law 2010-190 to add
or delete areas of jurisdiction)
Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code
regarding By-law Enforcement. (Amends Schedule `A' to add or delete the name
of a Municipal Enforcement Officer)
e. To confirm all actions and proceedings of the Council.
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.
Council agreed to the request of Ms. C. Tarling, City Clerk, to add an additional item for consideration
relating to the execution of Off -Site Works Construction and Inspection Agreements arising from the
Caucus meeting this date.
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 —
Tenders
Moved by Councillor Y. Fernandes
Seconded by Councillor J. Gazzola
"That Tender T18-046 Metzloff Drive Reconstruction (Belmont Avenue West to Patricia
Avenue), be awarded to Navacon Construction Inc., Brantford, Ontario, at their tendered
price of $1,129,818.65 including provisional items and contingencies of $219,860., plus
H.S.T. of $146,876.43, for a total of $1,276,695.08."
PETE
"That Tender T18-009 Supply Domestic Water Meters, Appointment Scheduling &
Installation Services, be awarded to Neptune Technology Group (Canada) Ltd.,
Mississauga, Ontario, at their tendered price of $969,950.39, plus H.S.T. of
$126,093.55, for a total of $1,096,043.94, for a one (1) year term, with an option to
renew for four (4) additional twelve (12) month terms."
-and-
"That Tender T18-075 Schweitzer Street (Bridge Street to Daniel Avenue) Watermain
Replacement, be awarded to J. Weber Contracting Limited, Breslau, Ontario, at their
tendered price of $1,363,252.12, including provisional items and contingencies of
$128,565., plus H.S.T. of $177,222.77, for a total of $1,540,474.89."
-and-
"That Proposal P18-048 Professional Services - 2018 Sediment Survey and
Assessment of Stormwater Management (SWM) Ponds, be awarded to Ecosystem
Recovery Inc., Kitchener, Ontario, at their estimated fee of $291,989.50, including
contingencies of $26,544.50 plus H.S.T. of $37,958.64, for a total of $329,948.14,
based on a satisfactory contract being negotiated and an upset fee being established."
-and-
JUNE 11, 2018 -94- CITY OF KITCHENER
"That Tender T18-086 Asphalt Multiuse Trail and Concrete Sidewalk Infill Construction,
be awarded to 410754 Ontario Limited o/a Sousa Concrete, Branchton, Ontario, at their
tendered price of $1,200,173.40, including contingency of $50,000., plus H.S.T. of
$156,022.54, for a total of $1,356,195.94."
Carried.
2. COR -18-005 — Encroachment Request for Sign and Light Fixtures Projecting Over
King Street West — 45 King Street West
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement,
satisfactory to the City Solicitor, with the owner or tenant of the property municipally
known as 45 King Street West to permit a projecting business sign and projecting
lighting fixtures over King Street West."
3. Solicitor -Client Privilege (Construction and Inspection Agreements)
It was resolved:
"That the execution of Off -Site Works Construction and Inspection Agreements by the
General Manager of Development Services, satisfactory to the City Solicitor, be
authorised and ratified; and further,
That the Director of Supply Services may issue purchase orders for the payment out of
the intensification fund, despite the City's Supply and Materials Management By-law, for
sole -sourcing when an Off -Site Construction Works and Inspection Agreement has
been entered into for a Central Neighbourhood development or development and when
such payment is the most cost effective for the taxpayer."
13. REPORT OF THE COMMITTEE OF THE WHOLE —
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 D. Schnider
"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 S. Davey
Seconded by Councillor B. loannidis
"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. 2018-055)
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. 2018-056)
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. 2018-057)
JUNE 11, 2018 -95- CITY OF KITCHENER
d. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code
regarding By-law Enforcement,.
(By-law No. 2018-058)
e. To confirm all actions and proceedings of the Council.
(By-law No. 2018-059)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 8:27 p.m.
MAYOR C R
COUNCIL MINUTES
JUNE 11, 2018 -96- CITY OF KITCHENER
FINANCE AND CORPORATE SERVICES COMMITTEE — MAY 28, 2018
1. The endorsement of the Partnership Model as the preferred operating model, as outlined in
Development Services Department report DSD -18-019, whereby the City retains oversight of
the creative hub, while establishing partnerships with third party organizations to support the
operation of the creative hub; and,
That in response to Council's direction from December 12, 2016 wherein it was resolved that
50% of the net proceeds of the sale of 48 Ontario Street North be allocated to the creative
hub, $775,000. from the Economic Development Reserve Fund be allocated to capital and
operating expenses for the creative hub in accordance with the City's Purchasing By-law; and,
That the Mayor and Clerk be authorized to execute contractual and/or lease agreements,
subject to the satisfaction of the City Solicitor, for the first floor of 44 Gaukel, with third party
organizations to support the operations of the Creative hub, including the leasing of portions of
the ground floor; and further,
That staff be directed to report back to Council mid -way through the initiative on a plan for the
future of the creative hub beyond the five-year period outlined in Report DSD -18-019, with
particular emphasis on securing funding from other sources, including other levels of
government.
(Carried on a recorded vote)
That free parking options within the Downtown BIA boundary, in support of the businesses
impacted during ION Light Rail Transit construction and delays in implementation, as outlined
in Development Services Department report DSD -18-022 be approved, as follows:
a) In lieu of 2 -hour free parking programs currently provided in City Garages, staff develop
a modified one time reduction (OTR) program partnership with the BIA, as outlined in
Report DSD -18-022, until December 31, 2018, or ION is operational, whichever is later;
and,
b) Weekday and Saturday evening free parking in surface lots between 5 p.m. and 6 p.m.
be extended until March 1, 2019; and further,
That through the 2019 Budget process, the City consider options for providing free parking in
surface lots between 5 p.m. and 6 p.m. to be reviewed annually as part of the annual budget
process.
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — MAY 28, 2018
1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to Community Support Connections for TacoFest at THEMUSEUM, 10 King Street West,
being held on June 22, 2018 from 6:00 p.m. to 10:30 p.m., as outlined in Community Services
Department report CSD -18-069.
2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to Bingemans for their Oktoberfest event being held at 425 Bingemans Centre Drive, between
October 5 and October 13, 2018, as outlined in the letter provided by Mark Bingeman, dated
April 6, 2018, and attached to Community Services Department report CSD -18-087.
3. That the Uniform Traffic By-law be amended to prohibit parking on both sides of Ardelt Place
from a point approximately 324 metres north of Ardelt Avenue to a point 44 metres north
thereof, as outlined in Development Services Department report DSD -18-005.
4. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction
of the City Solicitor, and as outlined in Community Services Department report CSD -18-020,
with the Kiwanis Club of Cameron Heights to operate the Food Concession in Kiwanis Park.
5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to K -W Oktoberfest Inc. for a series of events being held at various clubs between October 5
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JUNE 11, 2018 -97-
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and October 13, 2018, as outlined in the letter from K -W Oktoberfest Inc., dated February 22,
2018, and attached to Community Services Department report CSD -18-068.
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to the Holy Trinity Serbian Church for their annual Food Festival and Bull Roast being held at
700 Fischer Hallman Road on July 28 and July 29, 2018, between the hours of 11:00 a.m. and
11:00 p.m., as outlined in Community Services Department report CSD -18-091.
That the 5 -Year Stormwater Management Report Card and 2017 Stormwater Management
Monitoring Program Technical Memorandum be endorsed, as outlined in Development
Services Department report DSD -18-010.
That the following streets be approved for sidewalk infill as per the Sidewalk Infill Policy MUN-
STR-2004 approved by Council June 1, 2015, as outlined in Development Services
Department report DSD -18-035;
•Centreville Neighbourhood
o Centreville Street
o Guerin Avenue
o Huber Street
oJansen Avenue
o Walker Street
•Mausser Avenue; and further,
That Fairmount Road recommended for sidewalk infill as per the Sidewalk Infill Policy MUN-
STR-2004 approved by Council June 1, 2015, as outlined in Report DSD -18-035 be deferred
to the September 24, 2018 Council meeting, to allow staff an opportunity to review technical
challenges with the proposed location of the sidewalk on Fairmount Road.
(Carried on a recorded vote)