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HomeMy WebLinkAboutCouncil Agenda - 2019-09-23 COUNCIL AGENDA MONDAY, SEPTEMBER 23, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER (TELEVISED) 200 KING STREET WEST 1. COMMENCEMENT Singing of "O Canada". 2. MINUTES Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held August 26, 2019 and special meeting held August 26, 2019) Councillor K. Galloway-Sealock. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE a. Acknowledgements of receipt - use disposable wipes, from various municipalities. 5. PRESENTATIONS a. Mary Chevreau, Kitchener Public Library, regarding the pricing and embargos from major publishers, faced by Canadian libraries. b. Pam Patel, MT Space, providing an update on the IMPACT Festival. c. John Heij, regarding municipal decision-making. 6. DELEGATIONS a. Notice has been given for any member of the public to speak for or against a by-law to name a private road within a vacant land condominium development located at 665 Blair Creek Drive as Bank Swallow Crescent, listed as items 11.e. and 14.e. 7. REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS 9. NEW BUSINESS a. Kitchener Public Library Councillor S. Marsh has given notice that she will introduce the following motion for consideration this date: WHEREAS the Kitchener Public Library plays a vital role in our community; WHEREAS vulnerable demographic groups, including seniors, low income families, youth, and new Canadians rely on access to libraries as an important tool for their participation in the community; WHEREAS local library users increasingly seek to access digital publications offered by multinational publishers, and that access to those publications are too often curtailed by prohibitively high licensing fees, embargos, or entirely denied to Canadian libraries; WHEREAS local libraries must be in a position to offer digital publications to ensure all citizens are able to contribute and participate in the digital age, particularly given the contemporary rapid pace of digitization of educational and cultural materials; THEREFORE BE IT RESOLVED that the City of Kitchener declares its support for the Canadian Urban Libraries Council / Conseil des Bibliothèques Urbaines du Canada (CULC/CBUC) in its efforts to increase access to digital publications for library users in the City of Kitchener and across Canada; *Accessible formats and communication supports are available upon request. If you require* assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994. COUNCIL AGENDA MONDAY, SEPTEMBER 23, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST __________________________________________________________________________________________ BE IT FURTHER RESOLVED that the City of Kitchener urges the Federal government to investigate the barriers faced by libraries in acquiring digital publications and the problems that poses for vulnerable demographic groups in Canada; BE IT FURTHER RESOLVED that the City of Kitchener requests that Federal government to develop a solution that increases access to digital publications across Canada and assists libraries in meeting the cost requirements to acquire digital publications; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Minister of Municipalities Ontario, to the Ontario Library Association, to the Federation of Ontario Public Libraries, and to the Region of Waterloo and local area municipalities. b. Bike Lanes on Young Street Councillor M. Johnston has given notice that she will introduce the following motion for consideration this date: That pursuant to Section 25.7.15 of Chapter 25 of the Municipal Code (Council Procedure), the following motion approved at the August 26, 2019 Council meeting, be reconsidered: That bike lanes be installed on Young Street, between Duke Street West and Weber Street West, as outlined in Development Services Department report DSD-19-185; and, That a southbound contraflow bicycle lane be installed on Young Street, between Weber Street West and Ahrens Street West, and sharrows installed within the northbound travel lane; and, That an eastbound contraflow bicycle lane be installed on Duke Street East, between Cedar Street North and Pandora Avenue North; and, That two hour parking be reinstated on the north side of Duke Street East, between Madison Avenue North and Cameron Street North; and further, That the Uniform Traffic By-law be amended accordingly. c. 2019 Council/Committee Meeting Schedule Mayor B. Vrbanovic has given notice that he will introduce the following motion for consideration this date: WHEREAS Council approved the 2019 Meeting Schedule on September 16, 2018; THEREFORE BE IT RESOLVED that the November 4, 2019 Regular City Council Meeting be cancelled and a Regular City Council Meeting be scheduled for October 28, 2019 at 7:00 p.m. in Council Chambers. d. Regional Council Update Mayor B. Vrbanovic. 10. QUESTIONS AND ANSWERS 11. BY-LAWS --- 1ST READING 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 person with a disability, and the issuing of permits in respect thereof. COUNCIL AGENDA MONDAY, SEPTEMBER 23, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 3 - 200 KING STREET WEST __________________________________________________________________________________________ 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 amend Chapter 110 of the City of Kitchener Municipal Code regarding By- law Enforcement. e) Being a by-law to name a private road as Bank Swallow Crescent, in the City of Kitchener. f) To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE Chair, Councillor K. Galloway-Sealock. 13. REPORT OF THE COMMITTEE OF THE WHOLE 14. BY-LAWS --- 3RD READING 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 person 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 amend Chapter 110 of the City of Kitchener Municipal Code regarding By- law Enforcement. e) Being a by-law to name a private road as Bank Swallow Crescent, in the City of Kitchener. f) To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE AGENDA MONDAY, SEPTEMBER 23, 2019 CHAIR COUNCILLOR K. GALLOWAY-SEALOCK ND A. BY-LAWS LISTED ON THE AGENDA 2 READING That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment. B. ADMINISTRATIVE REPORTS 1. Tenders Attached are reports from M. Fisher, Director of Procurement, recommending: i. FIN-19-070 T19-126 One (1) Triple Combination Fire Pumper That Tender T19-126 One (1) Triple Combination Fire Pumper, be awarded to Metz Fire & Rescue, Guelph, Ontario, at their tendered price in US dollars of $682,529.79, plus H.S.T. of $88,728.87, for a total of $771,258.66 USD. ii. FIN-19-074 T19-Two (2) 2.54 m (100") Reel Type Five Plex Light Weight Fairway Mower That Tender T19-146 Two (2) 2.54 m (100") Reel Type Five Plex Light Weight Fairway Mowers, be awarded to Turf Care Products, Newmarket, Ontario, at their tendered price of $118,680., plus H.S.T. of $15,428.40, for a total of $134,108.40. iii. FIN-19-076 Sole Source Award for Community Benefit Charge Study & Bylaw That Hemson Consulting Ltd., Toronto, Ontario, be the sole source provider of a Community Benefit Charge study and bylaw at an estimated cost of $100,000., plus H.S.T. of $13,000., for a total of $113,000., provided a satisfactory contract is executed; and That a budget of $150,000. be established for the Community Benefit Charge study and bylaw. 2. COR-19-044 Encroachment Request: 29 King Street East Awnings Attached is Corporate Services Department report COR-19-044 (E. Kearney), dated September 18, 2019. That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 29 King Street East to authorize the installation of three (3) awnings which will King Street road allowance. Rise and Report REPORT TO:Committee of the Whole DATE OF MEETING:2019-09-23 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Polina Semenov,Procurement Specialist519-741-2200 ext. 7037 WARD (S) INVOLVED:N/A DATE OF REPORT:2019-09-04 REPORT NO.:FIN-19-070 SUBJECT:T19-126One (1) Triple Combination Fire Pumper __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-126 One (1) Triple Combination Fire Pumper, be awarded to Metz Fire & Rescue,Guelph, Ontario, at their tendered price in US dollars of $682,529.79, plus H.S.T. of $88,728.87, for a total of $771,258.66 USD. BACKGROUND: This fire pumper will replace unit 4535 asapproved for replacement in the 2020 Fire Department Fleet Capital Forecast.After assessment, unit4535was deemed too costly to operate and maintain. Itdoes not have the safety features that are present in modern day apparatus such as airbags, stability control and rollover protection. The unit being replaced will be12 years old with 12 year life cycleand has reached its expected life cycle for fire operations. Production time for atriple combination fire pumper is approximately twelve (12) months. Expected delivery of this unit is late 2020. REPORT: Tenders were advertised publicly on the City of Kitchenerwebsite. Documents were downloaded by five(5) interested parties and by the closing date of Friday August 16, 2019,three (3) tenders had beenreceived. The following tenders were received: Bid Price Metz Fire & Rescue Guelph ON$ 771,258.66 USD * Resqtech Systems Inc. Woodstock ON$ 836,200.00 USD Commercial Emergency Equipment DeltaBC$ 888,178.87 USD ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.i - 1 Tender pricing was requested in US dollars in order to obtain competitive bids without additional margins being added to account for currency fluctuations between order placement and date of delivery. The tender was reviewed by R. Gilmore, Deputy Fire Chief and D. Coghlin, Master Mechanic- Firefighter, who concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: The net cost for this tender (A), is fair and reasonable for a project and the upset limit is within the funding available (B) for this project. Funding for this project is included within the approved capital budget. The estimated surplus (D)will remain in the account as it will fluctuate depending on the exchange rate at time of delivery. It will be used to fund future vehicles and equipment. T19-126 Fire Pumper Truck Replacement Estimated Cost for this tender Tender T19-126 costs, including HST in US Dollars771,258.66 Exchange Rate at August 26th, 2019 1.33 Tender T19-126 costs, including HST converted to Cdn Dollars1,025,774.02 less: HST rebate(102,032.70) Net Cost Being Awarded923,741.32 A Add: Projected Costs for Equipment to Outfit the Vehicle140,000.00 Less: Projected disposal value on old pumper(37,000.00) Total Estimated Cost $1,026,741.32 C Budget for this tender Fire Fleet Capital Account1,062,000.00 Total Budget$1,062,000.00 B Estimated Surplus/(Deficit) (B -C)$ 35,258.68 D *This tender is in US Dollars and has been converted to Cdn using the Aug 26th, 2019 exchange rate of 1.33. The actual exchange rate will be based on thedelivery date of the truck in so this is just an estimate. 1.i - 2 COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: (OPTIONAL HEADING) Not applicable ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.i - 3 REPORT TO:Committee of the Whole DATE OF MEETING:2019-09-23 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Alex Albrecht,Associate Procurement Specialist,519-741-2200ext.7216 WARD (S) INVOLVED:N/A DATE OF REPORT:2019-09-10 REPORT NO.:FIN-19-074 SUBJECT:T19-146Two (2) 2.54 m (100") Reel Type Five Plex Light Weight Fairway Mowers __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-146 Two (2) 2.54 m(100") Reel Type Five Plex Light WeightFairway Mowers, be awarded to Turf Care Products,Newmarket, Ontario, at their tendered price of $118,680., plus H.S.T. of $15,428.40, for a total of $134,108.40. BACKGROUND: These units will replace units 773 and774 in Community ServicesSport Golf, as approved for replacement in the 2019 Annual Fleet Equipment Review.These units will be used for cutting fairways at the golf courses. The current unitsare9 years old with an 8-year lifecycle. REPORT: As per clause 170.7.3 of the Purchasing By-law 2017- Value, the Director of Supply Services shall submit a report to Council recommending award of a purchase greater than $100,000 if any one or more of the following conditions apply: a. the value of the Bid being recommended for award including any contingency allowance are in Tenders were advertised publicly on the City of Kitchenerwebsite. Documents were downloaded by three (3) interested parties and by the closing date of July 15, 2019,two (2) tenders had been received. The following tenders were received: Bid Price Podolinsky Equipment LtdPetrolia ON$116,252.14 Turf Care ProductsNewmarket ON$134,108.40 * ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.ii - 1 The low bid submittedbyPodolinsky Equipment Ltddid not meet the specification of a single foot pedal control for forward and reverse as outlined within the request for tender document. As a result, the tender submission was deemed non-compliant and was disqualified. The tender was reviewed by M. Born, Manager of Fleet and T. Doering, Supervisor, Golf Groundswho concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this the delivery of core service. FINANCIAL IMPLICATIONS: The net cost for this tender (A), is fair and reasonable for a purchase of this scope, but the upset limit is beyond the allowance provided within the budget (B). Funding for this equipment is included within the approved capital budget. The estimated deficit (D) will be funded from previous surpluses that have been closed out to the Equipment Reserve Fund. Tender T19-146 Two (2) 2.54m (100") Reel Type Five Plex Light Weight Fairway Mowers Estimated Cost for this Tender Tender T19-146 costs including optional equipment and HST$134,108.40 less: HST rebate on tender(13,339.63) Net Cost Being Awarded120,768.77 A Projected Costs for Additional Outfitting - Total Estimated Cost for this Tender$120,768.77 C Budget for this Tender Replacement of units 773 & 774 in CSD -Golf96,000.00 B Estimated Surplus/(Deficit) for this Tender (B -C)(24,768.77)D to be funded from Equipment Reserve Fund COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. 1.ii - 2 ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.ii - 3 REPORT TO:Committee of the Whole DATE OF MEETING:2019-09-23 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Ryan Hagey,Director of Financial Planning, 519-741-2200 ext. 7353 WARD (S) INVOLVED:N/A DATE OF REPORT:2019-09-11 REPORT NO.:FIN-19-076 SUBJECT:Sole Source Award for Community Benefit ChargeStudy& Bylaw __________________________________________________________________________________________ RECOMMENDATION: That Hemson Consulting Ltd.,Toronto, Ontario, be the sole source provider of a Community Benefit Charge studyand bylawat an estimatedcost of $100,000., plus H.S.T. of $13,000.,for a total of $113,000., provided a satisfactory contract is executed; and That a budget of $150,000.be established for the Community Benefit Charge studyand bylaw. BACKGROUND: As part of Bill 108 More Homes, More Choices Act, the provincial government passed legislation that amends the Development Charges Act(DCA). The change will remove some services from the DCA and put them intoa newly created Community Benefit Charge (CBC). While details about the CBC are still being developed through a new Regulation, some information has been made public. The mostpertinent detail is that in order to implement a CBC,a municipality must pass its CBC bylaw prior to January 1, 2021.In order to complete the required work in a timely manner, the assistance of a consultant is needed. REPORT: As per clause 170.8.2 ofthe Purchasing By-law 2017--Standard Procurement process is only permitted under the following circumstances: b.where only one Supplier is able to meet the requirements of a Procurement in order to: i.ensure compatibilitywith existing products; ii.recognize exclusive rights, such as exclusive licenses, copyright and patent rights; or ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.iii - 1 iii.maintain specialized products that must be maintained by the manufacturer As per clause 170.8.3 of the Purchasing By-law 2017-All non-standard Procurement processes must be approved and conducted in accordance with this By-law RequirementProcurement Procurement Approval Authority ValueProcess Excluding Taxes Goods, Up to $99,999Non-Competitive or Director of Supply Services, Construction, Limited CompetitionServices Consulting Services Goods, Greater than Non-Competitive or Council Services, Construction,$100,000Limited Competition Consulting Services It is expected that the work required to pass a CBC bylaw will be similar to the work required to practice to relyon consultants with expertise in that area of municipal finance. The legislative change introducing the CBC occurred during the time the City was updating its DC bylaw, so staff view the CBC bylaw as an extension of the recent DC work. Because of this and the reasons listed below, staff believe sole sourcing the CBC work to Hemson, the same consultant ,Additional reasons for sole sourcing the CBCbylaw work to Hemson include: Hemson was awarded the DC bylawwork in 2018 based on a competitive request for proposalprocess. Only two bids are only two major consulting firms that do this sort of work (Hemson and Watson & Associates). All other area municipalities are intending to sole source their CBC bylaw work to the consultant that also prepared (or is preparing) their most recent DC bylaw. Staff are aware that Hemson has already been retained by other municipalities to complete their CBC bylaws, so failing to secure them nowmay mean they are not available to assist Kitchener. Hemson has indicated they would hold their hourly rates at the same levels as were used for the DC study. Staff are recommending a sole source contract amount of $100,000 for the CBC bylaw, which is approximately 50% of the price to complete the DC bylaw. Staff are suggesting an overall 1.iii - 2 budget of $150,000 to account for other expertise that may be required to complete the CBC bylaw (e.g. land appraisers and legal fees). The recommendation was reviewed by R. Hagey, Director of Financial Planning, who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The the delivery of core service. FINANCIAL IMPLICATIONS: There is no existing budget for this work. The $150,000 would be funded from the Development Charges reserve, the newly established Community Benefit Charge, or Capital Contingency. COMMUNITY ENGAGEMENT: INFORM council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.iii - 3 REPORT TO: Committee of the Whole DATE OF MEETING: September 23, 2019 SUBMITTED BY: Erin Kearney, Interim Prosecutor 519-741-2200 ext. 7060 PREPARED BY: Erin Kearney, Interim Prosecutor 519-741-2200 ext. 7060 WARD (S) INVOLVED: Ward9 DATE OFREPORT:September 18, 2019 REPORT NO.: COR-19-044 SUBJECT:Encroachment Request:29 King Street East awnings ____________________________________________________________________________ RECOMMENDATION: satisfactory to the City Solicitor, with the propertyowner of the property municipally known as 29 King Street Eastto authorize the installation of three (3) awnings which willKingStreet BACKGROUND: The property owner at 29 King Street Easthas asked for permission to install three (3) awningson the front façade of 29 King Street East, which will encroach over City road allowances. REPORT: Theseproposedawningswill project over the KingStreet East sidewalk by about 0.6 metresand will be about 2.8metres above the sidewalk.The awnings arenotexpected to interfere with pedestrian traffic. Two of these awnings will be approximately 2.5 metres long, and the remaining awning will be approximately 8.4 metres long. The property owner has submitted a sketchof the dimensionsof the awnings and drawings of their proposed location. The sketchand the drawingsareattached to this report. Please note that this sketch contains an error wherein the lengthof projection over the sidewalkis incorrect 2 - 1 This sketchand drawings havebeen circulated to city staff and to external utility companies for their comments. Telus noted that they had cable in the area, however as the awningswill be above ground theyshould not interferewith this infrastructure. Building Division noted that a building permit would be requiredfor the installation of the awnings, but did not object to the encroachment. No other concerns were noted by staff. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: All fees associated with encroachments will be paid by the applicant. The Applicationfee of $285.61has been paid. A processing fee of $240 will become payable after Council approval. COMMUNITY ENGAGEMENT: INFORM of the Standing Committee. 2 - 2 2 - 3 2 - 4 2 - 5 REPORTS TO BE CONSIDERED BY COUNCIL SEPTEMBER 23, 2019 CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 9, 2019 1. That Development Services Department report DSD-19-181 Kitchener Growth Management Strategy 2019 Annual Monitoring Report be received and submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region regarding delegated approval authority. 2. 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 11 and October 19, 2019, as outlined in the letter from K-W Oktoberfest Inc., dated August 21, 2019, attached to Community Services Department report CSD-19-024. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code, as outlined in Community Services Department report CSD-19-025, be granted to Bingemans for their Oktoberfest event being held at 425 Bingeman Centre Drive, between October 11 through October 19, 2019. 4. Development Services Department report DSD-19-189, be approved as amended Manual; and further, That following the approval of Part A of the Urban Design Manual, an implementation plan and monitoring strategy be prepared by staff, with a Monitoring Report submitted biennially to Council beginning in 2021. 5. That the operating and capital budget impacts of continuing Love My Hood beyond 2019, as outlined in Community Services Department report CSD-19-020, be referred to the 2020 budget process; and, That, subject to the 2020 budget process, the Placemaking Challenge grant and Community Garden Grant be consolidated into the Neighbourhood Matching Grant, and the guidelines for the matching grant be updated as outlined in Report CSD-19-020; and further, That, subject to the 2020 budget process, the funding amount for the matching grant be increased from $150,000. to $200,000. per year to fund the Love My Hood Neighbourhood Matching Grant.