HomeMy WebLinkAboutCouncil - 2010-08-12 S
SPECIAL COUNCIL MINUTES
AUGUST 12, 2010 CITY OF KITCHENER
A special meeting of City Council was held at 12:05 p.m. this date, chaired by Mayor C. Zehr with all
members present, except Councillor G. Lorentz.
Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant
to Chapter 25 (Council Procedure) of the Municipal Code.
Mayor C. Zehr gave notice that he wished to introduce a motion this date concerning the Federal
Government’s announcement of the discontinuance of the mandatory long form Census and
requested that the requirements for giving notice be waived as it is a time sensitive matter.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Smola
“That pursuant to Section 25.4.4(f) of Chapter 25 (Council Procedure) of the Municipal Code,
Council waive the requirement for giving notice in regard to introduction of a motion concerning
the Federal Government’s announcement of the discontinuance of the mandatory long form
Census.”
Carried Unanimously, by all members present.
Mayor Zehr advised that he would bring his motion forward for consideration following completion of
today’s discussions relative to the Bridgeport Community Centre project.
Council considered Community Services Department report CSD-10-055 (M. Hildebrand / C.
Fletcher), addendum to report CSD-10-052 previously considered at the special Council meeting held
August 5, 2010. Report CSD-10-055 recommends that staff reduce the scope of the Bridgeport
Community Centre project to include renovations and upgrades as outlined in report CSD-10-052 and
defer consideration of an addition to the Centre to a future date to allow further review. The
recommendation also provides for a letter to be sent by the Mayor to appropriate Federal / Provincial
Ministers to request that they consider reallocation of the remaining RInC funds to other projects that
could include: Woodside Park renovations; Breithaupt Centre Pool repairs; and / or, Sportsworld
Arena Upgrades.
Mr. M. Hildebrand, Director of Community Programs & Services, advised that staff met with the
project consultants to determine an estimated project budget and timeline for completion of a 1,000
sq. ft. addition to the existing structure and the reduced scope of renovations / upgrades. Total cost
of the project is estimated at $1.6M, which includes project costs incurred to date as well as
estimated project soft costs (e.g. Public Art). Mr. Hildebrand advised that timelines were analysed to
determine if 100% of the project could be completed by the March 31, 2011 deadline under the RInC
Funding program; and if not, what the estimated completion date would be. The analysis
demonstrates that based on a September 1, 2010 start 100% of the project would not be completed
by the March deadline, with only approximately 33% completed and final completion of the project
would not be until early to mid-July. Mr. Hildebrand advised that it is unknown if the City will still
receive RInC funding for a project that is not fully completed by the March deadline; however, if partial
completion is eligible for funding the total to be received at 33% completion from RInC would be
approximately $460,575., leaving $1.178M to be funded by the City. The amount to be paid by the
City is significantly more than the project budget envelope and, therefore, staff is recommending that
the renovations as previously outlined in report CSD-10-052 proceed and the addition to the Centre
be deferred pending further review.
Mr. Hildebrand noted that staff contacted RInC Federal / Provincial representatives to apprise them of
the proposed reduced scope of renovations, and including the proposed addition. He stated that staff
was advised this date by senior government representatives that should Council direct staff at this
meeting to proceed without the addition the Joint Secretariat will forward the amended project scope
for consideration of the Management Committee on August 19, 2010. Mr. Hildebrand added that if
the City is not successful in receiving RInC funding, staff will report back with a recommendation for a
scaled back alternative that can be achieved within the existing project budget envelope.
Councillor B. Vrbanovic questioned that if this project is made high priority, why it could not proceed
to construction earlier than January 2011. Mr. Mario Petricevic, Manager, Project /Energy
Management, advised that the timeline was derived by the project consultants, noting that design of
the new project scope will take place September through November and while the timeline might be
tightened somewhat, it would not likely be by more than 2 to 3 weeks difference. Councillor
Vrbanovic questioned if the timeline could be improved upon if the project was done in-house and the
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City hired an architect for the design. Mr. Petricevic advised that this is what is proposed, noting that
while staff will be heavily involved in the tendering process, the design has to be completed by a
qualified architectural engineer. Councillor Vrbanovic inquired if the City is obligated to use the
current consultant. Mr. Petricevic stated that if the existing contract is terminated it is unlikely any
time will be saved as it will take time to find a new architect and negotiate an associated new
contract.
Councillor J. Gazzola also raised concerns with regard to the proposed project timeline suggesting
that the City should be able to save something in regard to the time and dollars spent to date, and be
able to work with the Grand River Conservation Authority (GRCA) to advance planning approvals at a
faster pace. Ms. C. Fletcher, Director of Facilities Management, advised that if the current contract is
terminated any new contract would have to follow proper purchasing procedures, including the
tendering process and the timeline devised by the existing consultant represents the best estimate for
scheduling of this project. She added that while staff can work with the GRCA toward tightening the
timing of their approval process, the GRCA requires sufficient time to review the project plans once
developed. Ms. Fletcher pointed out that it should be realized that what is now proposed equates to
scoping the design of a new project.
Councillor J. Gazzola requested clarification of matters concerning the estimated project budget. Mr.
Hildebrand advised that the budget proposed this date includes the addition and all renovations
previously referred to, except the room divider. The budget also provides for soft costs not previously
included, related to the 1% Public Art policy and the project management fee. Councillor Gazzola
suggested that escalating prices is not a good enough reason to not pursue the addition and asked
for further clarification of staff’s rationale. Ms. Fletcher advised that reference to escalating prices
relates to both the time of year construction will take place, during winter months, and to the influx of
available work due to the stimulus program.
Ms. P. Houston, General Manager, Community Services, commented that the report this date
provides project costs with and without inclusion of the addition and suggested that the addition could
be done at a later date at potentially less cost. She stated that in completing the proposed
renovations only, the City would receive the same RInC funding and expressed the opinion that it
makes sense not to proceed with the addition during winter months and while the stimulus program is
ongoing because of the associated escalation in pricing. She added that there is no guarantee that
the City will receive RInC funding for a partially completed project and questioned proceeding with the
addition included if there is no gain and it can be done at a later time. Councillor Vrbanovic requested
clarification in respect to the addition costing less at a later date. Ms. Houston pointed out that if a
contractor has to rush to complete the addition to meet the March 2011 deadline and under winter
conditions there is likely to be fewer bidders for the project and costing higher. She suggested that
there is good potential that the cost would be reduced later on without these factors that are playing
against the project now.
Councillor K. Galloway questioned where in the Capital Forecast the addition might be included. Ms.
P. Houston advised that if renovations are completed now without the addition there will be
approximately $231,000 in C/C and $290,000 in D/C left of the original project budget that could be
retained for the addition. If the funds are used elsewhere then the addition would have to be
prioritized against all other projects currently in the Capital Forecast.
Mayor C. Zehr questioned what the total cost to the City would be if the renovations without the
addition are completed now based on receipt of RInC funding and the addition done in 2011 outside
of the RInC funding program at a point beyond the March deadline, in comparison to the project
estimate now of $1.6M. Ms. Houston advised that after RInC funding, the City’s 1/3 portion of the
renovation work is $326,373. The remaining balance of approximately $500,000. from C/C and D/C
funding would be added to the 1/3 cost bringing the total City cost to approximately $900,000.
Councillor J. Gazzola questioned the feasibility of treating the renovations and addition as two
separate projects and doing the work simultaneously. Ms. C. Fletcher advised that under
construction laws there can be no competing construction staff on one site and therefore, the work
would have to be treated as one entity with one company as overseer of all construction staff.
Ms. Lynda Hayward, President, Bridgeport Community Association, commented that some of the
proposed renovations are not considered high priority to the Association such as the kitchen and
office renovations. She suggested that the City consider proceeding with the addition and a smaller
scale of renovations to support the addition. Councillor B. Vrbanovic questioned if the Association
would accept completion of what renovations could be completed by the March 31 deadline and
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AUGUST 12, 2010 - 217-CITY OF KITCHENER
construction of an addition next summer. Ms. Hayward stated that the renovations as proposed were
not discussed with the Association, reiterating that some are not high priority for them and she
suggested that if only the addition and any supporting renovations to the addition are completed it
would result in a smaller project with less trades involved and less consultant work to be done.
Mr. M. Hildebrand provided further clarification of the proposed renovations and advised that the
Centre is currently empty. He stated that if direction is given to proceed with the renovations and
once the City receives senior government funding approval, the design work will commence
immediately. Ms. Fletcher added that some of the work can be sequentially tendered allowing for
some parts to begin within the next two weeks, with the goal to complete all proposed renovations by
the March 31, 2011 deadline. Mr. M. Petricevic advised that notwithstanding the kitchen renovations
may not be high priority for the Association, when a building permit is submitted for the renovation
work the City may be required to undertake updating of the kitchen area to meet newer Building Code
requirements in any event.
Councillor J. Smola questioned what timeline would be applied to completing the addition at a later
date. Ms. P. Houston advised that the remaining balance in the project envelope after completion of
the renovations could be allocated to the addition or the addition prioritized with all other existing
projects in the Capital Forecast. She added that prior to construction of an addition care should be
taken to thoroughly review all aspects of a new addition and suggested that this would provide a
better outcome for the Association and the community as a whole. Councillor J. Smola inquired if any
consideration has been given to a new Community Centre for this area. Ms. P. Houston advised that
this has not been a consideration to date but could be an option for Council to consider if desired.
Councillor Smola asked the delegation to comment as to the impact of waiting for consideration of a
new facility. Ms. Hayward stated that it would mean reverting back to where the Association began 3
years ago, noting that a new facility cannot be accommodated on the current site and therefore a new
location would have to be found and a new business case developed. She questioned why it is not
possible to simply reverse priorities and focus only on an addition and supporting renovations, with
the remaining renovations prioritized within the Capital Forecast. Mayor Zehr reiterated that issuance
of the building permit may trigger other work required under new Building Code regulations whether
included in the renovations or not and the addition poses a timeline issue in that, staff have indicated
an addition cannot be completed within the March 2011 deadline for RInC funding.
Mayor C. Zehr questioned that if a process is begun to establish a new Centre at a new location, if
proceeding with the proposed renovations now would equate to lost dollars. Mr. Hildebrand stated
that it is unknown when in the Capital Forecast a new facility could be scheduled and may well be
beyond the current 10 year forecast. He noted that the proposed renovation is intended to improve
the Centre to accommodate more flexibility in programming over the next 10 years and suggested
that it would still be a good use of funding. Ms. C. Fletcher added that benefit of the renovations
should also be viewed in context of the long term use of the building relative to future leasing or sale
of the property in the event a new facility is built on a different site.
Councillor J. Gazzola requested clarification as to what was to be achieved in respect to the
$225,000. already spent on this project. Mr. Petricevic advised that the funds spent to date relate to
the design and drawings for a fully-updated facility wherein approximately 2/3 of the existing structure
would be demolished and rebuilt to accommodate space for a new meeting room, upgrades that
would achieve more energy efficiency and modernize the structure sufficient to maintain its operation
over the next 40 to 50 years. He stated that as a result of public consultation with various
stakeholders, the project scope changed such that its designation changed from “existing
development” to “new development”, triggering significant impact related to storm water management
requirements. Market conditions also impacted in that, there were fewer bidders resulting in higher
than anticipated costs such that it was no longer feasible to proceed with the project in its current
scope.
Councillor B. Vrbanovic expressed disappointment in how the process unfolded and asked that staff
report at a future date, once the project has concluded in whatever form, as to what took place from
its beginning to end and what was learned, with recommendations for improvement.
Councillor Vrbanovic commented that if a process is started for a new building, capital funding would
be several years away; if the renovations are completed, and in the interim planning for an addition
next summer is begun, it would accommodate time for a review to determine whether or not an
addition makes sense or a new facility in a 6 to 7 year timeframe would be more appropriate. He
suggested that the City would get at least 7 years life out of the building for its investment and at the
same time increase its market value for future lease or sale. He stated that in the end if it is decided
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that all that is needed is a new meeting room, there would be sufficient balance of project funds to do
so next summer. He added that in terms of RInC funding, the City will actually do better in proceeding
with the renovations only, than if the renovations and addition proceed together with only 1/3 of the
project completed by the March 2011 deadline. Mayor Zehr agreed, noting that if the City proceeds
with the renovations only and begins the process of planning for an addition in 2011-2012 the total
project cost to the City may actually be less.
Councillor Vrbanovic questioned that if out of the entire process collectively it is concluded that the
right way to proceed is a longer term solution with a new facility at a new location, if the Association’s
space needs could be temporarily addressed by a portable on site without a lot of throw away cost.
Ms. Fletcher stated that a portable would trigger a process of site plan approval and poses concerns
in regard to the site being in a floodplain. Mr. J. Willmer, Interim General Manager, Development &
Technical Services, added that a portable unit would become a moving object during a flooding event
and because of the hazard this presents would not likely be approved by the GRCA.
Councillor J. Gazzola put forward a motion to reduce the scope of the Bridgeport Community Centre
project based on the construction budget, which includes a 1,000 sq. ft. addition, and project critical
path as outlined in Community Services Department report CSD-10-055 (M. Hildebrand / C. Fletcher),
dated August 9, 2010.
Councillor Gazzola commented that this approach will provide a number of years satisfaction to the
Association and allow the project to continue to move forward.
Councillor Vrbanovic suggested that the proposal to split the renovations and addition into two
separate projects would achieve the same result, creating a more achievable project and more RInC
funding, leaving the City in a better position also.
Councillor J. Gazzola’s motion was not voted on as it failed to receive a Seconder.
Councillor J. Smola agreed with the approach suggested by Councillor Vrbanovic to separate the
renovations from the addition given the savings to be achieved and noted that the proposed addition
is to accommodate the Centre over the next 10 years at which time it may be necessary in any event
to look at a new facility.
Councillor K. Galloway advised that she was prepared to bring forward a motion to ensure that the
project goes forward with the renovations based on RInC funding and remaining project funds in the
C/C and D/C funding envelopes to be allocated toward an addition in alignment with the renovations
and / or within 2 years time. Concerns were raised in respect to wording of a motion for a 2-phase
project that would not be complete within the current term of Council and the need to differentiate
costing proposals between the 2 phases, with Phase 1 to be based on RInC funding and Phase 2 to
be at the City’s expense. Councillor K. Galloway noted that there are project funds already in 2010,
the balance of which could be directed to Phase 2 (Building Addition).
Mayor C. Zehr referred to the staff recommendations in report CSD-10-052, suggesting that
paragraphs 1 and 3 as written address what is needed in respect to proceeding with renovations only
and making a request for transfer of RInC funding to other eligible projects; and only paragraph 2
requires modification to address concerns regarding denoting the addition as a separate phase to the
project. Mayor Zehr proposed the following modification to the second paragraph of the staff
recommendations: “That staff be directed to begin planning for Phase 2 (Building Addition) of the
Bridgeport Community Centre project, utilizing remaining 2010 C/C funding and Development Charge
funding allocated for this project.”
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Smola
“That staff reduce the scope of the Bridgeport Community Centre project to include
renovations and upgrades to the facility, as outlined in Community Services Department report
CSD-10-052 previously considered at the August 5, 2010 special Council meeting, keeping
within the current C/C funding envelope allotted for the original project scope, less incurred
expenses and subject to receiving RInC funding for the reduced project scope; and,
That staff be directed to begin planning for Phase 2 (Building Addition) of the Bridgeport
Community Centre project, utilizing remaining 2010 C/C funding and Development Charge
funding allocated for this project; and further,
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AUGUST 12, 2010 - 219-CITY OF KITCHENER
That the Mayor make a request to the Minister of Energy and Infrastructure and Minister of
Health Promotion that consideration be given to reallocating the remaining Bridgeport
Community Centre RInC funding to the projects as outlined in report CSD-10-055, dated
August 9, 2010.”
Voted on Clause by Clause.
Carried
Paragraph 1 - .
Carried Unanimously by all
Paragraphs 2 and 3 -
members present.
Motion Carried
.
Councillor J. Smola assumed the Chair at this time to allow Mayor C. Zehr to bring forward his motion
concerning the Federal Government’s announcement of the discontinuance of the mandatory long
form Census.
Mayor Zehr advised that a letter was received from the Federal Minister on July 20, 2010 and
circulated to municipalities and various agencies in this Region concerning this matter. Mayor Zehr
advised that Regional Council passed a motion on August 8, 2010 in response to the Federal
Government’s announcement and that he is bringing forward a similar motion this date as it is an
important issue for all municipalities to address. He noted that the proposal to discontinue the long
form Census will have significant impact in that municipalities would no longer have comparable data
from one Census to another to use in its planning / budgeting processes; and now that the threat of
imprisonment has been removed for those who do not comply in filling out the form, he was of the
opinion it was reasonable for the Federal Government to reinstate the long form Census.
Moved by Mayor C. Zehr
Seconded by Councillor K. Galloway
"That the Federal Minister of Industry be advised that the removal of the mandatory long form
questions from the 2011 Census will adversely impact the City of Kitchener’s capacity to plan
and deliver quality public services and to effectively use taxpayer dollars; and,
That the Federal Minister be requested to reinstate the mandatory long-form census
questionnaire for the 2011 Census; and further,
That this request be circulated to all local Members of Parliament, the Association of
Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM), Association
of Local Public Health Agencies, and Ontario Municipal Social Services Association."
Carried Unanimously, by all members present.
Mayor C. Zehr then assumed the Chair.
Councillor J. Smola requested an update on matters concerning the Francis Street parking lot
negotiations. Mr. J. Willmer advised that the City currently leases property for short term parking at
Francis and King Streets. The property owner of the subject lands is now proposing to expand a
patio into the parking lot area which has raised questions concerning the site plan for the parking lot
and whether changes are required to the site to allow the patio. Mayor C. Zehr advised that the Chief
Administrative Officer has been in discussions with the property owner concerning this matter and it is
anticipated a report will come forward in the near future.
Moved by Councillor K. Galloway
Seconded by Councillor C. Weylie
“That an in-camera meeting of City Council be held this date to consider a personal matter.”
Carried.
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Moved by Councillor J. Smola
Seconded by Councillor J. Gazzola
“That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and
proceedings of the Council and that the same be taken as read a first, second and third times,
be finally passed and numbered 2010-137 by the Clerk.”
Carried.
On motion the meeting adjourned at 1:20 p.m.
MAYOR CLERK