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HomeMy WebLinkAboutCouncil Agenda - 2019-10-07 COUNCIL AGENDA MONDAY, OCTOBER 7, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER (TAPED TO AIR) 200 KING STREET WEST 1. COMMENCEMENT Land Acknowledgement. Singing of "O Canada". 2. MINUTES Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held September 23, 2019 and special meeting held September 30, 2019.) Councillor C. Michaud. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE NIL 5. PRESENTATIONS a. Dr. Joe Lee, Dr. Mohamed Alarakhia, and Jennifer Fillingham, KW4 Ontario Health Team, providing an overview of the KW4 Ontario Health Team proposal and development process. b. Julien Ichim, regarding concerns related to current drug crisis. 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 residential development as Hollybrook Crescent, listed as items 11.e. and 14.e. 7. REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS NIL 9. NEW BUSINESS a. Regional Council Update Mayor B. Vrbanovic. 10. QUESTIONS AND ANSWERS 11. BY-LAWS --- 1ST READING a) To further amend By-law 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 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. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. d) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. e) Being a by-law to name a private road as Hollybrook Crescent, in the City of Kitchener. f) To confirm all actions and proceedings of the Council. *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, OCTOBER 7, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST __________________________________________________________________________________________________ 12. COMMITTEE OF THE WHOLE Chair, Councillor C. Michaud. 13. REPORT OF THE COMMITTEE OF THE WHOLE 14. BY-LAWS --- 3RD READING a) To further amend By-law 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 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. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. d) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. e) Being a by-law to name a private road as Hollybrook Crescent, in the City of Kitchener. f) To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE AGENDA MONDAY, OCTOBER 7, 2019 CHAIR COUNCILLOR C. MICHAUD 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-19-073 E16-070 T19-137 Chain Link Fencing, Silt Fencing, Guard Rails, Bollards and Related Services That Tender T19-137 Chain Link Fencing, Silt Fencing, Guard Rails, Bollards and Related Services, be awarded to Imperial Fence Inc., Scotland, Ontario, at their tendered price of $288,358., plus H.S.T. of $37,486.54, for a total of $325,844.54, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. ii. FIN-19-075 T19-171 - Liquid Snow and Ice Control Organic Based Performance That Tender T19-171 Liquid Snow and Ice Control Organic Based Performance Enhancer, be awarded to Innovative Surface Solutions Canada, Ajax, Ontario, at their tendered price of $50,400., plus H.S.T. of $6,552., for a total of $56,952., for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. iii. FIN-19-081 T19-019 Testing, Removal and Disposal of Excess Soils That Tender T19-019 Testing, Removal and Disposal of Excess Aggregate, be awarded to Peritus Environmental Consultants Inc., Breslau, Ontario, at their tendered price of $274,320.66, plus H.S.T. of $35,661.69, for a total of $309,982.35, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. 2. COR-19-039 2020 Council and Standing Committee Schedule Attached is Corporate Services Department report COR-19-039 (J. Bunn), dated October 4, 2019. That the 2020 Meeting Schedule attached to report COR-19-039, be approved as the 2020 schedule of Council and Standing Committee meetings; and further, That Council be permitted to amend the calendar as necessary by resolution. (Report attachment to be circulated under separate cover.) Rise and Report REPORT TO:Committee of the Whole DATE OF MEETING:2019-10-07 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Polina Semenov, ProcurementSpecialist,519-741-2200 ext. 7037 WARD (S) INVOLVED:N/A DATE OF REPORT:2019-09-26 REPORT NO.:FIN-19-073 SUBJECT:T19-137Chain Link Fencing, Silt Fencing, Guard Rails, Bollards and Related Services __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-137Chain Link Fencing, Silt Fencing, Guard Rails, Bollards and Related Services, be awarded to Imperial Fence Inc., Scotland, Ontario, at their tendered price of $288,358., plus H.S.T. of $37,486.54, for a total of $325,844.54,for a one (1) year term, with an option to renew for two(2) additional twelve (12) month terms. BACKGROUND: The Cityrequires a variety of fencing types to be supplied and installed in various forms throughout the City each year. This tender is based on fixed unit prices on arepresentative sampling of fencing and related items. The average annual spend over the past three (3) years was $221,810.56, before taxes. The actual spend will depend on the level of activity throughout the term of the contract. 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 $100,000 if any one or more of the following conditions apply: Tenders were advertised publicly on the City of Kitchenerwebsite.Documents were downloaded by four(4) interested parties and by the closing date of Friday August 30, 2019, one(1) tender had been received. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.i - 1 The following tender wasreceived: Bid Price Imperial Fence Inc.Scotland ON$ 325,844.54* The price for fencing increased 30% based on the average spend over the past three years. The incumbent vendor missed the deadline for submitting a bid. The tender was reviewed by M.Parris,Landscape Architect, who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supp the delivery of core service. FINANCIAL IMPLICATIONS: Funding will be provided through various operational accounts. COMMUNITY ENGAGEMENT: INFORM website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.i - 2 REPORT TO:Committee of the Whole DATE OF MEETING:2019-10-07 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Steve Rudak, Procurement Specialist,519-741-2200 ext. 7213 WARD (S) INVOLVED:All DATE OF REPORT:2019-09-10 REPORT NO.:FIN-19-075 SUBJECT:T19-171 Liquid Snow and Ice Control Organic Based Performance Enhancer __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-171 Liquid Snow and Ice Control Organic Based Performance Enhancer, be awarded to Innovative Surface Solutions Canada, Ajax, Ontario, at their tendered price of $50,400., plus H.S.T. of $6,552., for a total of $56,952., for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. BACKGROUND: Liquid snow and ice control organic based performance enhancer is an ongoing maintenance and operational requirement used in conjunction with de-icing salt to allow de-icing to continue in lowertemperatures. Salt alone will progressively stop de-icing at approximately -12celsius. By adding organic based performance enhancer, the process of de-icing may continueuntil temperatures reach approximately -18celsius. The average spend over the past three (3) yearswas $41,354.35. The actual spend will depend on the level of activity throughout the term of the contract. 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: d Tenders were advertised publicly on the City of Kitchener website. Documents were downloaded by two (2)interested parties and by the closing date of Monday September 9, 2019,one (1) tender had been received. ***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 following tender wasreceived: Bid Price Innovative Surface Solutions CanadaAjax ON$56,952.00* The price for liquid snow and ice control organic based performance enhancer has increased 2.4% from the 2018-19 contractpricing. The tender wasreviewed by S. Berry, Manager of Maintenance Operations and C. Cook, Supervisor of Operations(Roads),who concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: gh the delivery of core service. FINANCIAL IMPLICATIONS: Funding will be provided fromvarious operating accounts. COMMUNITY ENGAGEMENT: INFORM council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.ii - 2 REPORT TO:Committee of the Whole DATE OF MEETING:2019-10-07 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Steve Rudak, Procurement Specialist,519-741-2200 ext. 7213 WARD (S) INVOLVED:N/A DATE OF REPORT:2019-09-19 REPORT NO.:FIN-19-081 SUBJECT:T19-019 Testing,Removal and Disposal of Excess Aggregate __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-019 Testing,Removal and Disposal of Excess Aggregate, be awarded to Peritus Environmental Consultants Inc., Breslau, Ontario, at their tendered price of $274,320.66, plus H.S.T. of $35,661.69, for a total of $309,982.35, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. BACKGROUND: TheCity generates excess material from infrastructure repairs and maintenance repairs within the right of way, cemetery digs, street sweepings and catch-basin waste and material from sanitary sewer work.Excess material is storedat the Kitchener Operations Transfer Facility, sorted and reusedby the City, where possible. The Ministry of Environment Conservation and Parks (MECP) introduced new legislation, coming into effect January 1, 2020, requiring all generators of excess soils to minimize the material going to landfills as waste.With this new legislation, the City is required to ensure the materialnot used by the Cityistested and then reused or transferred to an approved remediation facility. The average annual spend over the past two(2)years was $293,396.before taxes. The actual spend will depend on the level of activity throughout the term of the contract. REPORT: Tenders were advertised publicly on the City of Kitchener website. Documents were downloaded by twenty (20)interested parties and by the closing date of Monday September 16, 2019,four (4)tenders had been received. The following tenders were received: ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.iii - 1 Bid Price Peritus Environmental Consultants Inc.Breslau ON$309,982.34 * Kieswetter ExcavatingInc.St. Clements ON$447,661.37 Ground Force Environmental Inc.Kitchener ON$1,062,420.04 Tri-Phase Contracting Inc.Mississauga ON$1,469,126.56 The tender was reviewed by M. Engel, Operations Technologist, who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: Funding will be provided from various operating accounts COMMUNITY ENGAGEMENT: INFORM council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.iii - 2 REPORT TO:Committee of the Whole DATE OF MEETING:October 7, 2019 SUBMITTED BY:J.Bunn, Manager of Council & Committee Services / Deputy Clerk, (519)741-2200, ext. 7278 PREPARED BY:J.Bunn, Manager of Council & Committee Services / Deputy Clerk, (519)741-2200, ext. 7278 WARD (S) INVOLVED:All DATE OF REPORT:October 4, 2019 REPORT NO.:COR-19-039 SUBJECT:2020COUNCIL & STANDING COMMITTEE SCHEDULE __________________________________________________________________________________________ RECOMMENDATION: That the 2020Meeting Schedule attached to report COR-19-039, be approved as the 2020 schedule of Council and Standing Committee meetings; and further, That Council be permitted to amend the calendar as necessary by resolution BACKGROUND: Annually, Council adoptsa scheduleof Council and Standing Committee meetings for the following year. The schedule ensures at a minimum, a five week break during the summer and that no meetings are scheduled during March Break or on the same weeks as the annual general meetings of the Federation of Canadian Municipalities (FCM) and the Association of Municipalities of Ontario (AMO). REPORT: 20meeting schedule. Similar to the 2019schedule, the Public Budget Session isproposed to take place on its own dedicated nightin January 2020once the online budget survey has been completed. Doing so has been well-received by the public who welcomesthe ability to comment on the proposed budget, which -making. Where possible, the 2020schedule was designed to afford a one-weekbreak between Standing Committee and Council meetings to provide Council with additional time to consider agenda items and to connect with constituents on matters of public interest, while also providing an opportunity for staff to gather further information when requested by Council. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 2 - 1 The following is a listing of Holidays, March Break, and Conferences for 2020that were taken into consideration when developing the meeting schedule: Holidays: January 1Family DayFebruary 17 Good FridayApril 10Easter MondayApril 13 Victoria DayMay 18Canada DayJuly 1 Civic HolidayAugust 3Labour DaySeptember 7 ThanksgivingOctober 12Remembrance DayNovember 11 Christmas DayDecember 25Boxing DayDecember 26 Conferences & March Break: March BreakMarch 16-20 FCM ConferenceJune4-7 AMO ConferenceAugust 16August 19 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: INFORM council / committee meeting.The schedule will be posted on-line as part of the corporate calendar. CONSULT Input and feedback on the draft meeting schedule was received from staff in Planning, Engineering, Internal Audit,Accounting, and Financial Planningin orderto align the schedule with the budgetplanningprocess, awardingof construction tenders, receiptofaudited financial statements,and the processing of development applications, etc.. The approved ingCouncil meetingswhere possible. ACKNOWLEDGED BY: V. Raab, General Manager, Corporate Services 2 - 2 REPORTS TO BE CONSIDERED BY COUNCIL OCTOBER 7, 2019 CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE SEPTEMBER 30, 2019. 1. That the 2019 Employee Culture Survey results, as outlined in Corporate Services Department report COR-19-043, be received; and further, That staff be commended for both their level of participation in the survey and their ongoing commitment to providing our residents and businesses with excellent customer service. 2. Financial Services Department report FIN-19-078. 3. That the 2020-2029 Long-Term Financial Plan be endorsed, as amended; and further, That staff be directed to incorporate the recommended actions as part of the annual business planning and budget process, as outlined in Financial Services Department report FIN-19-079. 4. natural gas rates be approved as proposed in Infrastructure Services Department report INS-19-015, for all Kitchener delivery customers effective November 1, 2019. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 30, 2019 1. That parking be prohibited on the west (even-numbered) side of Duchess Avenue from Dunbar Road to Marina Road, as outlined in Development Services Department report DSD-19-184; and, That parking be reinstated on the east (odd-numbered) side of Duchess Avenue all year round from Dunbar Road to Marina Road; and, That parking be prohibited on the south (odd-numbered) side of Marina Road from Glasgow Street to a point 88 metres east thereof; and further, That the Uniform Traffic Bylaw be amended accordingly. 2. That the Uniform Traffic Bylaw be amended for a parking prohibition on both sides of Lansdowne Avenue West from Wentworth Avenue to the end of Lansdowne Avenue West, as outlined in Development Services Department report DSD-19-205. 3. That staff proceed with the preparation and registration of a by-law to rename, in its entirety, the Crescent PLAN 58M-627, located at the intersection with Robert Ferrie Drive in the Doon South - 19-229. 4. That the Mayor and Clerk be authorized to execute a one-year extension, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Waterloo, for the City of Kitchener to provide summer and winter maintenance services on selected Regional roads within the City of Kitchener, as outlined in Infrastructure Services Department report INS-19- 016. 5. That staff be directed, as outlined in Community Services Department report CSD-19-027, to proceed with an online system to request, issue and track overnight parking exemptions. 6. That the proposal for on-demand multi-language interpretation support at a total cost of $101,700 ($81,700 operating/$20,000 capital), as outlined in Community Services Department report CSD-19-029, be referred to the 2020 budget process for consideration. REPORTS TO BE CONSIDERED BY COUNCIL OCTOBER 7, 2019 CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 30, 2019 7. That the process and fees for reviewing and approving variances to the Fence By-law and Sign By-law be revised, as outlined in Development Services Department report DSD-19-226; and, That Legal Services staff be directed to prepare the necessary by-laws to amend Chapter 630, Article 13 of the Municipal Code (Fence By-law) and Chapter 680, Article 26 of the Municipal Code (Sign By-law) to reflect the revised variance processes; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend Chapters 375 and 380 of the Municipal Code to implement the new rates for Fence and Sign By-law variance requests. PLANNING AND STRATEGIC INITIATIVES COMMITTEE SEPTEMBER 30, 2019 1. That the Kitchener Growth Management Plan Fall 2019 to Fall 2021, as outlined in Development Services Department report DSD-19-206, be approved. 2. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, hereby grants draft approval to Condominium Application 30CDM-19204 for 800 Fairway Road North in the City of Kitchener, subject to the conditions as amended, outlined in Development Services Department report DSD-19-. 3. That application ZBA19/007/V/CD (The KW Working Centre of the Unemployed), for the purpose of renewing temporary use provision 13T, for a maximum of three additional years, to permit the habitation of two existing structures which are accessory to the residential care facility located on the subject property (87 Victoria Street North), be approved in the form shown in the -Development Services Department report DSD-19-190 . HERITAGE KITCHENER COMMITTEE OCTOBER 1, 2019 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2019-V- 026 be approved, as outlined in Development Services Department report DSD-19-227 to permit the demolition of an existing shed on the property municipally addressed as 6 Ellen Street West; and further, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2019-V- 027 be approved to permit the construction of a shed on the property municipally addressed as 6 Ellen Street West, in accordance with the plans and supplementary information submitted with the application. 2. That the draft by-law dated October 7th, 2019, attached to Development Services Department report DSD-19-228, to allow the City to enter into a heritage covenant with the owner of the lands municipally addressed as 883 Doon Village Road, for the conservation of a former Hog and Hen House, be adopted. 3. That, in accordance with Section 27(3) of the Ontario Heritage Act, the Notice of Intention to Demolish received on September 23, 2019 regarding the property municipally addressed as 40 College Street, be received for information and that the notice period run its course; and that the City arrange to have 40 College Street properly documented through photographs prior to any demolition activity, as outlined in Development Services Department report DSD-19-234.