Loading...
HomeMy WebLinkAboutCouncil Minutes - 2020-11-231916111kiIN10d,IIki011*11 NOVEMBER 23, 2020 CITY OF KITCHENER The Council of the City of Kitchener met electronically this date at 7:00 p.m. Chaired by Mayor B. Vrbanovic with all members present. 1. COMMENCEMENT — The electronic meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 2. MINUTES — On motion by Councillor K. Galloway-Sealock, the minutes of the regular meeting held October 26, 2020, and special meetings held October 26 and November 2, 2020, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor M. Johnston declared a pecuniary interest for Item 1 of the Finance and Corporate Services report with respect to Development Services Department report DSD -20-178 regarding the Make it Kitchener 2.0 Partnership Opportunity as she is employed by the University of Waterloo and as such did not discuss or vote on this matter. Councillor S. Marsh declared a pecuniary interest for Item 1 of the Finance and Corporate Services report with respect to Development Services Department report DSD -20-178 regarding the Make it Kitchener 2.0 Partnership Opportunity as she owns property near the project site and as such did not discuss or vote on this matter. Councillor P. Singh declared a pecuniary interest for Item 1 of the Finance and Corporate Services report with respect to Development Services Department report DSD -20-178 regarding the Make it Kitchener 2.0 Partnership Opportunity as his family owns property near the project site and as such did not discuss or vote on this matter. 4. COMMUNICATIONS REFERRED TO FILE — NIL 5. PRESENTATIONS — 5.a. 2020 Best Innovation in GIS Award Dan Murray, Director, Technology Innovation and Services; Dianne Adams, Manager, GeoSpatial Data and Analytics; and, Melanie Wawryk, GIS Application Specialist; presented the 2020 Best Innovation in GIS Award to Council won by M. Wawryk for a mobile water incident reporting application at the 2020 Be Spatial Virtual Conference. 5.b. 2020 Smart 50 Award for Transformative Work in Smart Cities D. Murray; Chetan Hassarjani, Manager of Digital Infrastructure and Support; and, Courtney Zinn, Innovation Lab Director; presented the 2020 Smart 50 Award for Transformative Work in Smart Cities to Council won at the Smart Cities Connect and US Ignite conference for the 2019 multi -model traffic counting project.. 5.c. WR Community Energy Matthew Day, WR Community Energy, presented a mid -year progress report on the Waterloo Region Community Energy Project and Community Investment Strategy. In response to Council's questions, M. Day spoke to other potential efforts to reduce greenhouse gas emissions, such as energy mapping; opportunities throughout the city for future district energy projects; and, possible public and private partnerships for district energy projects, including the clean technology sector. COUNCIL MINUTES NOVEMBER 23, 2020 -133- CITY OF KITCHENER 6. DELEGATIONS — 6.a. Public Highway Closure 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 close the public highway known as Waterloo Street, Plan 577, in the City of Kitchener, listed at Items 11.a. and 14.a. on the Council agenda. Jeff Bunn, Deputy City Clerk, confirmed no submissions from members of the public had been received with respect to this item. 6.b. Public Highway Closure 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 close the public highway known as Mannheim Road, in the City of Kitchener, listed at Items 11.b. and 14.b. on the Council agenda. J. Bunn confirmed no submissions from members of the public had been received with respect to this item. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES — NOVEMBER 2, 2020 Councillor J. Gazzola requested that Clause 1 of the Finance and Corporate Services report be voted on separately and by recorded vote. Council discussed the investments outlined in Development Services Department report DSD -20-178 and similar projects, the Health Innovation sector, as well as considerations for the COVID-19 pandemic. Moved by Councillor S. Davey Seconded by Councillor J. Gazzola "That the reports of the Finance and Corporate Services Committee, dated November 2, 2020, be adopted." Clause 1 — Carried on a recorded vote in accordance with the declared pecuniary interest. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, K. Galloway- Sealock, B. loannidis, D. Schnider, and C. Michaud. Contra: Councillors J. Gazzola and D. Chapman. Pecuniary Interest: Councillors M. Johnston, S. Marsh, and P. Singh. Balance of Report — Carried. 7. COMMITTEE REPORTS — COMMUNITY AND INFRASTRUCTURE SERVICES — NOVEMBER 2, 2020 Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That the reports of the Community and Infrastructure Services Committee dated November 2, 2020, be adopted." Carried. E:��1►1�1►1l;9:1��7:��)lyl►1���►11� COUNCIL MINUTES NOVEMBER 23, 2020 -134- CITY OF KITCHENER 9. NEW BUSINESS — 9.a Proposed Change to the Municipal Elections Act Councillor D. Chapman gave notice that she will introduce the following motion for consideration this date to address the Municipal Elections Act: Councillor J. Gazzola requested that the following item be voted on by recorded vote. Moved by Councillor D. Chapman Seconded by Councillor S. Marsh "WHEREAS on November 16, 2020, Ontario Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020, passed third reading by the Legislative Assembly of Ontario; and, WHEREAS Bill 218 proposes amending the Municipal Elections Act of 1996, • to prohibit the use of ranked ballots in future Municipal Elections, and, • extend nomination day from the end of July to the third Friday in August; and, WHEREAS municipalities in Ontario are responsible for conducting fair and democratic elections of local representatives; and, WHEREAS each municipal election is governed by the Municipal Elections Act which was amended in 2016 to include the option to allow Municipalities to utilize ranked ballots for their elections and shorter nomination periods; and, WHEREAS London, Ontario ran the first ranked ballot election in 2018 and several other municipalities since have approved by-laws to adopt the practice, or are in the process of doing so including our regional neighbours in Kingston via a referendum return of 63%; and, WHEREAS the operation, finance and regulatory compliance of elections is fully undertaken by municipalities themselves; and, WHEREAS local governments are best poised to understand the representational needs and challenges of the body politic they represent, and when looking at alternative voting methods to ensure more people vote safely, it becomes more difficult to implement these alternatives with the proposed shorter period between Nomination day and the October 24, 2022 Election day. THEREFORE BE IT RESOLVED that the City of Kitchener urges the Ministry of Municipal Affairs and Housing and the Government of Ontario to respect Ontario municipalities' ability to apply sound representative principles in their execution of elections; and, THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener recommends that the Government of Ontario supports the freedom of municipalities to run democratic elections by returning the authority for municipalities to choose if ranked ballots are appropriate for their communities and reinstate Nomination Day at the end of July of an election year; and, BE IT FINALLY RESOLVED that this resolution be circulated to the Region of Waterloo and local municipalities, all Ontario MPPs, AMO and AMCTO." Carried unanimously on a recorded vote. 9.b Regional Council Update Mayor B. Vrbanovic noted a report was recently brought to Regional Council about the Region's collection of COVID-19 statistical data related to infection rates among various demographics within COUNCIL MINUTES NOVEMBER 23, 2020 -135- CITY OF KITCHENER the Region. Mayor B. Vrbanovic explained that Regional staff would attend a future City Council meeting to make a presentation on the report. Mayor B. Vrbanovic spoke to Waterloo Region's upgrade to a red zone on November 27, 2020, in the Province's COVID-19 framework, the implications for the holiday season, and the need to make efforts to adhere to regulations in support of front-line workers. 10. QUESTIONS AND ANSWERS — NIL 11. BY-LAWS (FIRST READING) — Moved by Councillor D. Schnider Seconded by Councillor D. Chapman "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. By-law to close the public highway known as Waterloo Street, Plan 577, in the City of Kitchener. b. By-law to close the public highway known as Mannheim Road, in the City of Kitchener. c. By-law to provide for the widening of part of Scott Street, King Street East, Forwell Road and Kingsway Drive as a public highway, in the City of Kitchener. d. By-law to assume certain lands within the city of Kitchener as public highway. (Assumes lands shown on registered plans of subdivision as public highways, streets or lanes pursuant to Section 31(4) of the Municipal Act, 2001, c.25). 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 K. Galloway-Sealock as Chair. 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 In response to questions from Council regarding report FIN -20-069 (Proposal P20-129 Consultant Services - Clean Fuel Standard Strategic Advisory & Program Development Services) listed as Item B. 1. iii on the Committee of the Whole agenda this date, Denise McGoldrick, General Manager for Infrastructure Services, explained that legislation and guidelines would be passed in 2021, to which the City needed to prepare strategies and a regulatory response. 1. Tenders "That Tender T20-174 Snow and Ice Removal Equipment to be mounted on a Tandem Rear Axle Conventional Cab and Chassis complete with Dump Body, be awarded to Viking-Cives Ltd., Mount Forest, Ontario, at their tendered price of $115,670.00, plus H.S.T. of $15,037.10, for a total of $130,707.10." - and - COUNCIL MINUTES NOVEMBER 23, 2020 -136- CITY OF KITCHENER "That Tender T20-176 Snow and Ice Removal Equipment to be mounted on a Tandem Rear Axle Conventional Cab And Chassis complete with Side Tilt Dump Body, be awarded to Viking-Cives Ltd., Mount Forest, Ontario, at their tendered price of $166,235.00, plus H.S.T. of $21,610.55, for a total of $187,845.55." - and - "That Proposal P20-129 Consultant Services - Clean Fuel Standard Strategic Advisory & Program Development Services, be awarded to Clearblue Ltd., Toronto, Ontario, at their estimated fee of $48,000.00, plus H.S.T. of $6,240.00, for a total of $54,240.00, for a one (1) year term with an option to renew for two (2) additional one (1) year terms, provided a satisfactory contract is executed." 95TiTeE "Tender Items 1, 2, 3, 4, 7, 8, and 9 be awarded to C.R. Wall & Co. Ltd., Cambridge, Ontario, at their tendered price of $294,402.00, plus H.S.T. of $38,272.26, for a total of $332,674.26, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. M1011 Tender Items 5, 6, 11, and 12 be awarded to Tecvalco Ltd. Niagara Falls, Ontario, at their tendered price of $76,467.20, plus H.S.T. of $9,940.74, for a total of $86,407.94, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms." Carried. 2. COR -20-018 — Prohibited Dog Designation Appeal - Barnard It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Scott Barnard, wherein the Committee affirms the Prohibited Dog Designation applied to his dog 'Dyela' by the Humane Society of Kitchener -Waterloo and Stratford Perth, be ratified and confirmed." Carried. 3. CAO -20-009 — Resolution of Support for AMO Board Nomination (Dan Chapman) It was resolved: "That the Council of the City of Kitchener express its support for the nomination of Dan Chapman, Chief Administrative Officer, for the position of Large Urban Caucus municipal employee representative on the Board of Directors of the Association of Municipalities of Ontario (AMO) along with reasonable expenses associated with Board directorship." Carried. Council considered two matters arising from an electronic in -camera meeting held earlier this date. 4. 85 Queen Street North (Litigation/Potential Litigation / Solicitor -Client Privilege — Section 239 (2) (e) and (f)) It was resolved: "That LGA Architectural Partners Ltd.'s request, pursuant to Council Policy ADM -AGR - 305, for approval to bid on tenders while in litigation with the City of Kitchener, be approved although said approval may be withdrawn by Council at any time." Carried. COUNCIL MINUTES NOVEMBER 23, 2020 -137- CITY OF KITCHENER 5. Memorandum of Settlement — IBEW 636 (Labour Relations — Section 239 (2) (d)) Councillor J. Gazzola requested the following item be voted on by recorded vote. Victoria Raab, General Manager for Legislated Services, spoke to the highlights of the agreement with IBEW 636. It was resolved: "That Council approve the terms and conditions contained in the Memorandum of Settlement dated October 29, 2020 to establish the 2020-2021 Collective Agreement with IBEW Local 636; and further, That the Mayor and the Clerk be authorized to execute documentation arising there from." Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, K. Galloway- Sealock, B. loannidis, D. Schnider, C. Michaud, M. Johnston, S. Marsh, and P. Singh. Contra: Councillors J. Gazzola and D. Chapman. 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 K. Galloway-Sealock Seconded by Councillor S. Marsh "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 C. Michaud "That the by-laws be given third reading, namely: a. By-law to close the public highway known as Waterloo Street, Plan 577, in the City of Kitchener. (By-law No. 2020-064) b. By-law to close the public highway known as Mannheim Road, in the City of Kitchener. (By-law No. 2020-065) c. By-law to provide for the widening of part of Scott Street, King Street East, Forwell Road and Kingsway Drive as a public highway, in the City of Kitchener. (By-law No. 2020-066) NOVEMBER 23, 2020 COUNCIL MINUTES -138- CITY OF KITCHENER d. By-law to assume certain lands within the city of Kitchener as public highway. e. To confirm all actions and proceedings of the Council. (By-law No. 2020-067) (By-law No. 2020-068) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 8:15 p.m. - mm-,�=o 14 Carried. COUNCIL MINUTES NOVEMBER 23, 2020 -139- CITY OF KITCHENER IZIAas] :i&11W101i9:111WE916111►INII FINANCE AND CORPORATE SERVICES COMMITTEE — NOVEMBER 2, 2020 That up to $8.5M from the Kitchener Economic Development Investment Fund 2.0 be allocated to support the renovation of the University of Waterloo's building located at 280 Joseph St W, to expand the Downtown Kitchener Health Sciences Campus to house the University of Waterloo's Velocity program and new Health Innovation opportunities, in accordance with Development Services Department report DSD -20-178; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, subject to the satisfaction of the City Solicitor, in accordance with report DSD -20-178. Carried on a recorded vote. That 2021 user fees be held flat at 2020 rates with the exception of those fees specifically identified in Report FIN -20-063; and, That the proposed fees and charges contained in the 2021 User Fee Schedule attached to Financial Services Department report FIN -20-063 be approved; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE — NOVEMBER 2, 2020 That the Kitchener Growth Management Strategy 2020 Annual Monitoring Report, as outlined in Development Services Department report DSD -20-157, be 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. That the Uniform Traffic By-law be amended for the installation of an all -way stop control at the intersection of Thomas Slee Drive and South Creek Drive, as outlined in Development Services Department report DSD -20-175. That staff be directed to undertake engagement and consultation with stakeholders and the community in respect to developing an Urban Forest Canopy Cover target for the City of Kitchener, as outlined in Infrastructure Services Department report INS -20-018; and further, That staff report back to Council on a recommended target in late Spring 2021.