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HomeMy WebLinkAboutCouncil - 2010-09-20COUNCIL MINUTES SEPTEMBER 20, 2010 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Krystal Wolfe, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held September 7, 2010 and special meetings held September 7 & 13, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated August 30, 2010 from the Honourable Linda Jeffrey, Minister of Natural Resources acknowledging receipt of Council's resolution regarding a request that the Province re-establish funding for Conservation Authorities to undertake remedial flood and erosion control projects. Theron Kramer and Kim Knowles, Compass Kitchener, presented details of the "Who Are You, Kitchener? 2" (WAYK?2) survey conducted in Spring 2010. The survey was conducted to update Council on the community's priorities relative to the City's Strategic Plan, building on the latest Environics Survey conducted in 2009. Mr. Kramer advised that Compass Kitchener met their community engagement goal, with the primary focus on community conversation, people to people. Six community themes were highlighted, including: Leadership and Community Engagement; Diversity; Development; Downtown; Environment; and, Quality of Life. Survey results indicate that citizens believe the City is on the right track and efforts among the highlighted themes should continue. The next steps include: communication of the survey results to the community; consideration of activities based on strategic priorities and emerging trends; and, Council review of an updated Strategic Plan in early 2011. Councillor B. Vrbanovic inquired if the City's approach to citizen leadership in canvassing, grading and reporting on community views is unique among municipalities. Mr. Kramer advised he could not speak to other municipalities; however, noted that Compass Kitchener had been invited to the Municipality of Chatham-Kent to give a presentation on their activities, which was received with interest in terms of the approach taken, and accomplishments achieved. Ms. S. Adams, Director of Community & Corporate Planning, added that during the consultation process comments were received indicating that the City is one of the most consultative communities and what holds Kitchener apart from others is the introduction of the Citizen Report Card. Councillor Vrbanovic inquired if the responses indicate a continuance of building on existing themes or if citizens have indicated desire for a differing direction. Mr. Kramer responded that the survey results indicate citizens like what they see happening and are looking for more of the same but at an increased pace, particularly in the City's leadership role as it pertains to the categories of environment and diversity. Councillor J. Gazzola questioned if any negative responses were received. Mr. Kramer advised that there were negative responses received; however, this report was compiled based on an overall picture of how the community views the City's progress. Ms. S. Adams added that part of the next steps is to distribute complete summaries of the responses received as they relate to each of the six themes which will include particular issues as they were expressed. Councillor Gazzola requested clarification as to what the community engagement goal was. Ms. Adams advised that it does not correlate to a specified number of respondents but rather the goal was to engage in conversation with as many community participants as possible. She stated that over 500 in-depth conversations were held in various formats and in as much as information was received, information was also provided to the community participants to raise awareness of the City's activities. Councillor Gazzola inquired if demographic statistics of participants is available to better understand the basis of participant responses. Ms. Adams advised that demographic statistics were not collected during the community conversation process; however, such statistics could be provided from the recent Environics Survey and workbooks completed on-line. Mayor C. Zehr referred to the category of Leadership and Community Engagement wherein it is suggested that City publications "City Hall 101" and "Volunteering 101" become part of the School Boards' Civic Curriculum. He noted that these publications were prepared by his Office for use by the School Boards; however, over time interest waned and it was found that teachers were not making use of the materials. He suggested that if a commitment from the School Board is made as to usage of these materials they could be easily updated and circulated to the schools. Several members of Council expressed their appreciation to Compass Kitchener and City staff for their work and accomplishments achieved in undertaking this community engagement initiative. COUNCIL MINUTES SEPTEMBER 20, 2010 - 262 - CITY OF KITCHENER Representatives of LuminAD attended in support of Item B.2 of the Committee of the Whole agenda, dealing with a request to permit new video projection advertising media onto the facade of the Delta Hotel at 11 Benton Street for a trial period. Councillor J. Gazzola questioned what would take place at the end of the trial period, expiring November 30, 2010. Mayor C. Zehr suggested that a report would come back to Council with results of the pilot and recommendation on whether or not to allow continuation of the new advertising media at the specified location. Councillor Gazzola inquired if the practice is currently contrary to the City's existing Sign By-law. Mr. B. Page, Supervisor, Site Development, advised that there are no specified regulations currently in the City's Sign By-law and the by-law provides that where silent on regulation the practice is not permitted. He stated that the trial period will allow staff to determine the appropriateness of this type of advertising and a report would come back with details of the pilot and if desirable, changes to allow this practice can be incorporated into the annual review of the City's Sign By-law. He added that the Regional Sign By-law is currently being reviewed and the City's by- law will be updated in accordance with the outcome of the Regional by-law review. Mayor C. Zehr questioned who has care and control over the content of the advertising media. Mr. Page advised that staff is currently investigating how media advertising is handled at The AUD and will be working with the company and Kitchener Downtown BIA in respect to the proposed advertising; however, at this time LuminAD has sole care and control of the content. At the request of Mayor Zehr, it was agreed to modify wording of the staff recommendation to include a condition of approval to provide that the content of the video projection shall not be of an objectionable nature or offensive in any way to the general public. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the request to allow LuminAD a trial period for a new video projection advertising media be approved subject to the following conditions: 1. That enforcement of the City's Sign By-law be waived until November 30, 2010; and, 2. That the projected video image shall only be projected onto the facade of the Delta Hotel at 11 Benton Street in the location as shown in Development & Technical Services Department report DTS-10-168; and, 3. That the video image shall be projected at a visual height greater than the height of the corresponding traffic signals as seen from eastbound King Street; and, 4. That the video projection be permitted only between sunset and 12:00 midnight; and, 5. That the content of the video projection shall not be of an objectionable nature or offensive in any way to the general public; and, 6. That in the event that the proposed video projection sign is determined to be a traffic hazard by City and/or Region of Waterloo staff, that the trial period shall cease immediately, by written notification from Jeff Willmer, Interim General Manager, Development and Technical Services Department; and, 7. That in the event of any damage to City property, directly attributable to the installation of the projection equipment, LuminAD shall be financially responsible for all repairs; and further, 8. That in the event of failure to cease projection after November 30, 2010, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to cease, unless otherwise permitted." Carried. Mr. P. Britton, MHBC Planning Ltd., attended on behalf of Hallman Construction Ltd. in support of Clause 4 of the Development & Technical Services Committee report, dealing with approval of Zone Change Application ZC06/28/H/BS for the southwest corner of Huron and Strasburg Roads. Mr. Britton advised that he did not intend to add anything more this date to presentations made previously COUNCIL MINUTES SEPTEMBER 20, 2010 - 263 - CITY OF KITCHENER to the Development & Technical Services Committee; however, he noted that there may be delegations this evening who will suggest a deferral of this matter and he asked that Council make a final decision regarding this application given how the planning process has unfolded. He added that he would be prepared to answer any questions the delegations may pose for which Council would like his clarification. Councillor K. Galloway questioned if an environmental assessment (EA) is to be done for the proposed development. Mr. Britton advised that an EA is not required for the rezoning; however, the storm water management (SWM) pond is subject to an environmental study report and review. He added that the process of approval includes a system of permitting prior to issuance of a building permit. Councillor Galloway questioned the life expectancy of the underground pipes and potential for danger from shifting soils. Mr. Britton stated that any danger and / or potential damage to pipes would be remote given the nature of construction. He pointed out that the piping is made of fibreglass rather than metal and will not corrode; adding that in monitoring the well over time any signs of issues would be addressed immediately. Councillor Galloway inquired if any soil testing has been done. Mr. Britton responded that there has been testing and the conclusion as to the relationship of the proposed use to the aquifer confirms physical separation from one another. He added that on the surface detailed bore holes have been dug for monitoring underground water movement. Councillor Galloway questioned the extent of water run-off from the site if development is approved to commence given the high water table. Mr. Britton advised that there will be no water run-off as construction will be above the water table and the SWM pond will be built prior to development taking place to stabilize water movement. He added that there are a number of erosion / siltation control measures that will be in place. Councillor Galloway asked Mr. Britton to confirm that Hallman Construction Ltd. is not in favour of a deferral. Mr. Britton advised that was correct, noting that the public process has included two meetings of the Development & Technical Services Committee and he maintained that the primary issue of deferral, being the gas bar, will remain regardless. He pointed out that this application has been under consideration for the past 4 years and it was his opinion it was timely for Council to make a final decision. Councillor Galloway requested confirmation that the developer considers that the site is not viable without the gas bar use and is not in favour of its elimination. Mr. Britton confirmed that the developer believes the gas bar to be a key use to the success of the proposed mixed use development. Councillor B. Vrbanovic asked that in the absence of this rezoning application, what is currently permitted under the existing zoning and what potentially the development on the site would look like. Mr. Britton advised that the current zoning consists of a combination of Restricted Business Park Zone (B2) and Business Park Service Centre Zone (B3). This zoning permits a range of commercial and industrial uses, including a service station with ancillary automotive repair uses. Mr. Britton advised that the proposed rezoning eliminates the service station and automotive repair uses. Councillor Vrbanovic requested clarification regarding the potential for the developer to withdraw the current rezoning application and his ability to immediately then proceed with development of a service station. Mr. Britton advised that the developer could proceed in such manner and it was conceivable that up to 85-90% of the proposed development could be achieved under the existing zoning on the site. Councillor Vrbanovic requested clarification as to the reasons a service station is more detrimental than the proposed gas bar. Mr. Britton advised that the proposed gas bar use is strictly regulated by Provincial legislation, whereas the service station use is not and there is concern in regard to an individual's use of best management practices for unregulated uses wherein it would be of a more voluntary nature. Councillor C. Weylie referred to a question raised at the September 13, 2010 Development & Technical Services Committee meeting concerning how salt from cars would be handled relative to the carwash use. Councillor Weylie advised that Mr. A. Pinard, Interim Director of Planning, had responded that the SWM pond would manage the salt from cars but subsequent to the meeting had followed up on this issue with Council to clarify his answer. In this regard, she asked that the minutes of the Development & Technical Services Committee meeting be revised to reflect Mr. Pinard's subsequent explanation and asked Planning staff to provide correct wording. Mr. J. Willmer, Interim General Manager, Development & Technical Services, confirmed Councillor Weylie's comments and advised that the minutes pertaining to Mr. Pinard's response should reflect that all water and residuals emanating from the carwash enter into the sanitary sewer system and are processed through a treatment plant for cleaning prior to being discharged into the Grand River. In response to Councillor Galloway, Mr. Willmer added that the water is cleared of all chemicals except for fluorides, which remains the same for all such facilities no matter where a carwash is located in the City. Ms. Alicia Pokluda, resident, spoke in opposition to the proposed rezoning and in particular, the proposed automotive uses as they are in close proximity to an environmentally sensitive area. Ms. COUNCIL MINUTES SEPTEMBER 20, 2010 - 264 - CITY OF KITCHENER Pokluda submitted this date a petition of 77 signatures, all of whom are concerned with the environmental impact and who oppose the gas bar /car wash and any other automotive use on the site due to the risk of a highly sensitive area and the risk to drinking water. She disagreed that the rezoning should be approved based on approvals given 20 years ago, suggesting that decision makers of the time were not acutely aware of the environmental impacts as is the case now; and she suggested that today it would not be permitted. Ms. Pokluda stated that a statute of limitations should require a review after 10 years and while the City has said notice was hand delivered and a sign posted for the rezoning, she could not find anyone in the area who was aware of the proposal or who had seen the sign, nor is there presently any sign posted. She added that those signing the petition indicated that was the first they had heard of the rezoning. She suggested that the minimum legal requirements for giving of notice in the local newspaper is insufficient and asked that this application be deferred due to lack of notice to affected residents. Councillor B. Vrbanovic questioned if the delegation had considered the implications of the current zoning versus the proposed rezoning of the site, wherein the developer under current zoning could proceed without a public process to develop a service station and automotive repair use on the site. Ms. Pokluda stated that she understood the implications as noted; however, she stated that she was putting trust in the developer, having good standing in the community, not to proceed with the proposed use knowing that it is not a good idea. Councillor Vrbanovic requested clarification from staff in respect to the giving of notice and posting of a sign. Mr. J. Willmer advised that the legal requirements for giving of notice is publication in the local newspaper and he confirmed that notice was published in The Record on July 16, 2010. He added that it is standard practice, as well as Council policy, to give written notice to those who participated in initial consideration of an application if within less than one year; or if more than 1 year has passed, to those who are within 120 m of the site. He advised that this application falls within the latter and notices were mailed through Canada Post on July 12, 2010, not hand delivered, to approximately 45 to 50 property owners who lie within the 120 m distance. The notice advised of the August 23, 2010 Development & Technical Services Committee meeting, as well as the September 7, 2010 Council meeting, inviting interested parties to attend and the notice also provided explicit details of the rezoning application; as well as, directing the reader to the City's website to obtain more information on the rezoning, if desired. Mr. Willmer advised that staff has confirmed that the applicant ordered, paid for, and picked up a sign to post concerning the rezoning; however, there is no evidence that a sign was erected and staff has observed recently that no sign is currently on the site. Councillor Vrbanovic inquired what evidence is required to prove the sign has been installed. Mr. Willmer advised that a combination of either staff observing the sign on site or submission of a digital photo from the property owner is considered sufficient evidence. Councillor J. Gazzola requested clarification in respect to the issues raised concerning past zoning approval versus today's standards. Mr. J. Willmer suggested that this is somewhat of a "red herring" in this instance, given the most contentious issue relates to the gas bar /automotive uses to which current standards will apply. He referred to correspondence received from Regional staff, dated July 16, 2010, whom City staff rely on for their expertise in water resource protection and quoted: "... (Regional) staff has agreed to permit a gas bar use (not gas station use) provided the gas bar meets all required regulations, and incorporates best management practices to ensure protection of the groundwater. This can be addressed through the site plan for the gas bar." Mr. Willmer acknowledged that existing zoning approvals are more than 20 years old; however, he suggested that this does not necessarily mean they are out of date. He pointed out that Regional staff are accepting the proposed use, subject to best management practices, which they have the authority to impose and will do so. In response to Councillor Gazzola, Mr. Willmer confirmed that the use would still be permissible today based on the rationale outlined in the Region's correspondence. Ms. Louisette Lanteigne, resident, attended in opposition to the rezoning application stating that she had recently attended a symposium to hear a lecture wherein the Canadian Research Chair, Geo- Environmental Restoration Engineering, stated that 90% of gas stations leak due to corrosion. She referred to a media survey conducted in 2006 that reported more than 100 contaminated sites in the Region, many of which are gas stations, demonstrating the risks involved. She referred to the Clean Water Act and Lake Erie Source Water Protection Act, as well as guidelines prepared by the Ontario Ministry of Environment, all as related to the protection of water resources. She suggested that applications for funding be made to the Ontario Soil and Crop Improvement Association and Conservation Authorities to undertake an independent scientific review for the purpose of developing and implementing pre-development strategies to mitigate risk and was supportive of a deferral of this application to allow the study to take place. She referred to alleged threats concerning the developer's right to take the matter to an Ontario Municipal Board (OMB) hearing and asked that COUNCIL MINUTES SEPTEMBER 20, 2010 - 265 - CITY OF KITCHENER Council request Provincial funding for all municipal governments to put toward OMB costs when a developer challenges a municipality. She suggested that the proposed rezoning is non-compliant with Federal, Provincial, Regional and municipal governing legislation and the gas bar represents bad planning. She expressed hope that the developer would respect those dependent on the shared water system and was of the opinion that approvals given 20 years ago should not mean certainty of approval today nor that the plan could not be improved upon. Mr. Bo Rong, resident, spoke in opposition to the proposed gas bar /car wash uses, agreeing with others that zoning approvals given 20 years ago should not be used as rationale for approving this application. He noted that the auto industry is not as prevalent in Kitchener now as it was 20 years ago and suggested that the proposed gas bar /car wash is the developer's trade off to an auto industry use. He displayed pictures that show a residential area on Huron Road in relationship to the Strasburg Creek and Strasburg Road, noting the former is geographically higher than the Creek and suggesting run-off from the proposed development will enter into, and damage, the Creek. He also displayed pictures of 4 gas stations showing leakage at the pumps. In response to questions, Mr. Rong advised that the gas station pictures had been taken earlier this date. Mr. Kevin Ramessar, resident, spoke in opposition to the proposed gas bar /car wash uses, expressing frustration with an apparent lack of transparency in the public process and lack of concern for quality of life. He asked that the City and developer focus on the long term benefits of eliminating these uses. He pointed out that he is a resident of Rush Meadow Street but did not receive notice, had not seen any sign posted and had only become aware of the proposal 1 week ago. He agreed that the minimum legal requirement for giving notice is unacceptable and he would expect more than the minimum from the City and developer. He stated that it is important for Councils to lead the way on issues of climate change for Ontario communities and raised concerns with under-serviced public transit in his residential area. He stated that there is a need for open dialogue among the community and other forward-thinking cities and citizens should be allowed to speak without intimidation. He understood the costs associated with an OMB hearing but in comparison to the costs associated with soil contamination, suggested that trust should not be placed in mitigating measures. He challenged Council to reverse approval of any automotive development on the basis of social justice, environmental stewardship and urged deferral of this application to permit wider notification and open dialogue in review of current actions and growing body of studies surrounding best management practices. Councillor B. Vrbanovic acknowledged that the potential for an OMB hearing is one issue, which he does not personally fear; however, he questioned if Mr. Ramessar had considered the reality of the developer's ability to proceed without public process to develop a service station /automotive repair use on the site and how he would propose to balance a decision against current zoning and the proposed rezoning application. Mr. Ramessar acknowledged the potential for the developer to proceed under existing zoning; however, he stated that he would consider use of the existing zoning as an onslaught to the environment that if allowed would be atrocious and unacceptable. He added that if he had to choose, ultimately he would choose what is best for the environment and not the lesser of two evils. Ms. Ginny Quinn, resident, also spoke in opposition to the gas bar /car wash use, commenting that the local newspaper reported on upcoming public meetings for the community to provide their input on the issue of "Threats to Water". She asked that Council not contribute to the number of properties identified as a threat across the Grand River by voting for the proposed rezoning on this site given its close proximity to the wellhead. She commented on the travel time for contaminates to reach the wellhead and high water table, as well as, the potential for leakage from gas tanks and damage to underground piping from shifting soil; adding that monitoring the well only shows damage after the fact. She referred to the Grand River Conservation Authority's plan for protection of water, suggesting the subject lands are vulnerable and the proposal represents high risk to the wellhead and Strasburg Creek. She suggested that a decision today will be binding on the new Council and referred to the current Council's "Lame Duck" position, expressing the opinion that this fits within major decisions that should be deferred until after the 2010 municipal election. She expressed preference for withdrawal of the proposed gas bar /car wash and any other automotive uses from the rezoning application, suggesting the developer should do so out of a sense of duty to the community. In the absence of same, she asked that Council defer a decision until the new Council takes office, advocating that the community needs its water supply to be kept safe. Council was also in receipt of correspondence received this date from Claire Griffioen, area resident, expressing opposition to the proposed rezoning for similar reasons expressed by delegates at this meeting. Correspondence was also received from John M. Alati, Davies Howe Partners, counsel for COUNCIL MINUTES SEPTEMBER 20, 2010 - 266 - CITY OF KITCHENER Becker Estates Inc., dated September 20, 2010, outlining concerns of their client who requests a comprehensive review of all commercial development prior to consideration of the rezoning application by Hallman Construction Ltd. Councillor G. Lorentz commented that nothing this date has convinced him that the rezoning application should not be approved. He stated that the developer is appropriately following the Planning process and there is no evidence to suggest that contamination will result from this development. He added that the approval provides for proper installation methods and implementation of best management practices. Councillor Lorentz further noted that the alternative of a service station /automobile repair use is less desirable and he considers the proposed use a reasonable compromise. Councillor K. Galloway suggested that part of the problem is the absence of Regional staff to answer questions considering the City relies upon their expertise in these matters. She referred to correspondence she had received from Regional staff which suggests that if Provincial approval of the new Regional Official Plan had been in place, they would not support the proposed rezoning application. She agreed that the matter should be deferred given the lack of notice to affected residents, so as to maintain integrity in the decision making process and to allow Regional staff to be present to answer questions. A motion by Councillor K. Galloway, seconded by Councillor C. Weylie, was brought forward for consideration, to provide that consideration of Zone Change Application ZC06/28/H/BS (Hallman Construction Ltd.), for the southwest corner of Huron and Strasburg Roads, be deferred to a future Council meeting in December 2010 or January 2011, to allow further dialogue among all interested parties. Councillor Vrbanovic requested staff to further clarify the process of public notice. Mr. J. Willmer advised that staff met the requirements for giving of notice under the Planning Act through publication of an advertisement in the local newspaper on July 16, 2010. Councillor Vrbanovic questioned if staff had explanation as to why some residents did not receive the additional notification sent through the mail, and in particular, Mr. Kevin Ramessar. Mr. Willmer advised that Mr. Ramessar, as well as one other property owner on Rush Meadow Street, are shown on the list of properties within the 120 m who were mailed a written notification. Councillor J. Gazzola requested clarification of the date of the first public meeting. Mr. Willmer advised that the application was first publicly considered at the August 23, 2010 Development & Technical Services Committee meeting. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That consideration of Zone Change Application ZC06/28/H/BS (Hallman Construction Ltd.), for the southwest corner of Huron and Strasburg Roads, be deferred to a future Council meeting in December 2010 or January 2011, to allow further dialogue among all interested parties." A recorded vote was requested. In Favour: Councillors K. Galloway and C. Weylie Contra: Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz, J. Smola and B. Vrbanovic Motion Lost. Councillor G. Lorentz left the meeting at this time. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 4 of the Development & Technical Services Committee report, dealing with approval of Zone Change Application ZC06/28/H/BS (Hallman Construction Ltd.), for the southwest corner of Huron and Strasburg Roads, was brought forward for consideration. A motion by Councillor K. Galloway, seconded by Councillor B. Vrbanovic, was brought forward for consideration to amend Zone Change Application ZC06/28/H/BS (Hallman Construction Ltd.), for the COUNCIL MINUTES SEPTEMBER 20, 2010 - 267 - CITY OF KITCHENER southwest corner of Huron and Strasburg Roads, by removing the gas bar, service station or any other automotive uses from the proposed zoning of the site. Councillor K. Galloway commented that deferral would have provided additional time to consider the issues related to this application; however, in approving the application the impact to the environment is most important and new standards should be upheld. She expressed the opinion the proposal is not compatible with newer legislation and the proposal for a gas bar is not a viable use for this property. She added that the other uses proposed will help make this site profitable for the developer without the addition of a gas bar and reiterated statements made in Regional correspondence that suggest if the newest ROP was in place the use would not be supported by Regional staff. She stated that this is an issue worth fighting for and in keeping with results of the latest survey undertaken by Compass Kitchener, it was her opinion the City should show leadership in taking a stance notwithstanding the potential for an OMB hearing and send a strong message to developers that this type of development is not wanted given the risks to an environmentally sensitive area. Councillor B. Vrbanovic advised he would not support the amendment, commenting that this is a difficult and complex situation. He stated that had there been no previous zoning approval that allows a service station use, he would not now support the proposed rezoning. He commented that it is the role of Council to weigh the pros and cons of any application, reiterating that the developer could withdraw this application and proceed immediately to develop a service station on the site without public process. Notwithstanding the potential of an OMB hearing, Council must look at all information stemming from this situation and determine whether it is better to opt for the lesser or greater risk. He stated that he would be choosing the lesser risk, suggesting that focus should be on moving forward with developing comprehensive policy on wellheads so Councils are not faced with this type of situation in future. Councillor J. Gazzola commented that he did not believe in the suggestion that voting in support of the rezoning application is a vote against the environment. He complemented those individuals speaking in opposition this date on being well organized and knowledgeable in addressing a good cause. He acknowledged those who indicated they were not aware of the proposal until recently; however, he pointed out that if the developer chooses to proceed under existing zoning he could do so without having to hold any public meetings. He expressed the opinion that there has been substantial dialogue and that there is risk involved in any development; adding that he is confident regulations governing this application will be met and that mitigating measures will be in place to diminish the risk. Councillor C. Weylie spoke in support of the amendment, referring to existing vacant contaminated sites that the City can do nothing about. She expressed the opinion that what has been learned is not acted upon and was disappointed Regional staff did not take a stronger stand in regard to this proposal. She stated that it was her opinion this is neither healthy, nor smart growth and was an unfortunate situation for the City to be faced with. Mayor C. Zehr commented that the process and integrity of Council has been called into question should a decision be made to approve this rezoning application. He suggested that it is dangerous for anyone to make a quantum leap to say that a vote in favour of this application is a vote against the environment as that is not the case. He referred to references made regarding old standards, pointing out that Mr. Willmer has clearly stated that standards relating to installation of the gas tanks and operation of the gas bar are not 20 years old; rather current standards will be applied to these uses. Mayor Zehr added that the new Council will learn, as did the existing Council, that all information must be taken into account and the best decision possible made on balance of all of the information. Councillor K. Galloway stated she is not suggesting that Council does not support the environment; however, reiterated that the environment is a key piece in opposition to the proposed rezoning and repercussions stemming from the possibility of contamination has the potential to create greater cost than that of an OMB hearing. She added that she would like to sit in on the Site Plan approval process if circumstances allow. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That Zone Change Application ZC06/28/H/BS (Hallman Construction Ltd.), for the southwest corner of Huron and Strasburg Roads, be amended by removing the gas bar, service station or any other automotive uses from the proposed zoning of the site." COUNCIL MINUTES SEPTEMBER 20, 2010 - 268 - CITY OF KITCHENER A recorded vote was requested. In Favour: Councillors K. Galloway and C. Weylie Contra: Mayor C. Zehr and Councillors J. Gazzola, J. Smola and B. Vrbanovic Absent: Councillor G. Lorentz Motion Lost. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 4 of the Development & Technical Services Committee report of this date be adopted." Councillor K. Galloway advised that she would not support the motion given the importance of protecting the environment and a decision in this matter is Council's only recourse in taking a stance. The motion was then voted on by a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Gazzola, J. Smola and B. Vrbanovic Contra: Councillors K. Galloway and C. Weylie Absent: Councillor G. Lorentz Motion Carried. Mr. Peter Lizak, resident, attended to raise concerns regarding Demolition Control Application DC 10/09/Q/GS, applied for by Polocorp Inc., listed as Item B.3 on the Committee of the Whole agenda. The application requests permission to demolish 399 Queen Street South (known as the Barra Castle) and a building structure in front of the Barra Castle known municipally as 411 Queen Street South. Mr. Lizak raised concerns with the potential for damage to his property from heavy equipment needed for the demolition on the adjacent property and was not in favour of the proposed condominium development as it was his opinion it would create more problems in the neighbourhood; citing past problems with a previous owner alleged not to respect the property lines. Councillor J. Gazzola questioned if Mr. Lizak was concerned that the contracted company for the demolition would not do a proper job. Mr. Lizak referred to previous work done at this location that was subsequently abandoned and questioned who would be checking the property lines to ensure there is no encroachment during the proposed demolition. Councillor Gazzola questioned if Mr. Lizak had discussed his concerns with the current property owner and Mr. Lizak advised that he had met with the owners on two occasions but was not satisfied with the outcome. He added that notices concerning development on this property were left on his porch rather than mailed and he had found it difficult to actually make contact with someone thereafter to speak to in regard to his concerns. Councillor C. Weylie requested clarification as to the property owner's intent to build a new structure in the likeness of the former Barra Castle. Councillor J. Gazzola advised that while the property owner is not obligated to do so, he has indicated an interest to replicate the Barra Castle facade and such details will be determined during the site plan approval process. Mr. J. Willmer, Interim General Manager, Development & Technical Services, added that this is a designated Heritage property which will require completion of a Heritage Impact Assessment that will be vetted through the City's Heritage Kitchener committee. At the request of Councillor J. Gazzola, it was agreed to vote on the two properties in separate motions. COUNCIL MINUTES SEPTEMBER 20, 2010 - 269 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That part of Demolition Control Application DC 10/09/Q/GS requesting permission to demolish the remaining front portion of the building municipally addressed as 399 Queen Street South (commonly known as the Barra Castle), owned by Polocorp Incorporated, legally described as Plan 397 PT Lot 5, be approved, without conditions." A recorded vote was requested. In favour: Mayor C. Zehr and Councillors J. Smola, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola Absent: Councillor G. Lorentz Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That part of Demolition Control Application DC 10/09/Q/GS requesting permission to demolish the building municipally addressed as 411 Queen Street South, owned by Polocorp Incorporated, legally described as Plan 397 PT Lot 5, be approved, without conditions." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 4 -Dealt with under Delegations and Carried, on a recorded vote. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Council considered this date Community Services Department report CSD-10-066 (G. Hastings), dated September 17, 2010, requesting further deferral of Clause 4 of the Community Services Committee report, dealing with the golf membership system, to the September 27, 2010 Community Services Committee meeting to provide additional time to complete a revised report with background information. On motion by Councillor K. Galloway, seconded by Councillor J. Smola, it was agreed to amend Clause 4 of the Community Services Committee report to provide for further deferral of matters concerning the golf membership system to the September 27, 2010 Community Services Committee meeting. The Community Services Committee report was then voted on clause by clause. Clause 4 -Carried, as Amended, Balance of report -Carried. COUNCIL MINUTES SEPTEMBER 20, 2010 - 270 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." Carried. Council considered a recommendation to list 100 Ahrens Street West on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest, listed as Item 7.a) under Unfinished Business on the Council agenda. This matter was deferred at the request of Councillor C. Weylie to the Council meeting this date pending additional information concerning the giving of notice to the current property owner. Mr. J. Willmer, Interim General Manager, Development & Technical Services, advised that staff have provided confirmation to Councillor Weylie that notice was given to the current property owner, inviting them to attend the September 7 Council meeting, but they were not in attendance that date. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That pursuant to Section 27 of the Ontario Heritage Act, 100 Ahrens Street West be listed on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix `A' to Development and Technical Services Department report DTS-10-108." Carried. Councillor K. Galloway gave notice at the September 13, 2010 Community Services Committee meeting that she would introduce a motion this date concerning the Federal Government's proposed elimination of the Participation and Activity Limitation (PAL) survey. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That a letter be sent by the Mayor, on behalf of Council, to the Prime Minister of Canada expressing the City of Kitchener's concern with the federal government's elimination of the Participation and Activity Limitation (PAL) survey; and further, That copies of this letter and the letter from the Co-chairs of the Grand River Accessibility Advisory Committee to City Council, dated September 6, 2010, be sent to the Minister of Human Resources and Skills Development, all Ontario Municipalities, the Federation of Canadian Municipalities and all local MPs." Carried. Councillor J. Gazzola again raised concerns regarding the amount of garbage bags left by Downtown businesses at curb side along King Street. Mayor C. Zehr commented that it may be either a matter of timing prior to pick-up or that the containers are either not being used or are at capacity such that the business owner cannot put anymore into the container. Councillor C. Weylie advised that she and Councillor J. Smola would raise this issue at the next meeting of the Kitchener Downtown Business Improvement Association. Council agreed to the request of Mr. R. Gosse, City Clerk, to add a by-law for three readings this date, being a Zoning Amending By-law for Zone Change Application ZC 06/28/H/BS (Hallman Construction Ltd. -Huron and Strasburg Roads) relative to Clause 4 of the Development & Technical Services Committee report of this date. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES SEPTEMBER 20, 2010 - 271 - CITY OF KITCHENER (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) 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. (d) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 1, Registered Plan 58M-460 -Old Huron Road. (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 2, 3 & 5, Registered Plan 58M-460 - Templewood Drive and Northbrook Place. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener -Hallman Construction Ltd. -southwest corner of Huron and Strasburg Road. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "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. Mayor C. Zehr referred to a matter raised by Councillor G. Lorentz at the September 13, 2010 Community Services Committee meeting, concerning community groups who want to hold street parties during the Festival of Neighbourhoods and some groups who want to hold events at Community Centres, who are not covered under the City's insurance policy. Mayor Zehr inquired as to timing for a report to come back to the Community Services Committee. Ms. P. Houston advised that preliminary discussions were held this past week from which it has been determined that this is a broader issue beyond street parties. Accordingly, additional time is required to undertake further investigation, including best practices among other Cities, prior to bringing a report back for consideration of the Committee. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2010-160) (b) 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. 2010-161) COUNCIL MINUTES SEPTEMBER 20, 2010 - 272 - CITY OF KITCHENER (c) 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. 2010-162) (d) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 1, Registered Plan 58M-460 -Old Huron Road. (By-law No. 2010-163) (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 2, 3 & 5, Registered Plan 58M-460 - Templewood Drive and Northbrook Place. (By-law No. 2010-164) (f) To confirm all actions and proceedings of the Council. (By-law No. 2010-165) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener -Hallman Construction Ltd. -southwest corner of Huron and Strasburg Road. (By-law No. 2010-166) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:20 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 20, 2010 - 273 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That the Uniform Traffic By-law be amended to change the on-street parking regulations on Carlyle Place to "No Parking Anytime" on the south side (inner curve) of Carlyle Place from a point 30 metres west of Carlyle Drive to a point 30 metres west thereof. 2. That the Uniform Traffic By-law be amended to change the on-street parking regulations on Huck Crescent to "No Parking Anytime" on the north/east side (inner curve) of Huck Crescent from a point 50 metres west of Udvari Crescent to a point 25 meters west thereof, and on the north/west side (inner curve) of Huck Crescent from a point 210 metres west of Highgate Road to a point 25 meters west thereof. 3. That the property municipally known as 24 Madison Avenue South be partially exempted from Chapter 842 of The City of Kitchener Municipal Code (Hedges-Other Objects) as set out in Development & Technical Services Department report DTS-10-162. 4. That Zone Change Application ZC06/28/H/BS for the southwest corner of Huron and Strasburg Road (Hallman Construction Ltd.), for the purpose of changing the zoning from Restricted Business Park Zone (B-2) and Business Park Service Centre Zone (B-3) to Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 545R, Special Use Provision 408U, Holding Provision 61 H, and Hazard Land Zone (P-3) on the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated July 12, 2010, attached to Development & Technical Services Department report DTS-10-140 as Appendix "A"; and, That the Huron Community Plan be amended to change the designation of the western portion of the subject lands from Restricted Business Park to Business Park Service Centre, as shown on Appendix "B" attached to report DTS-10-140; and further, That the revisions to the Huron/Strasburg Mixed Use Node Design Brief pertaining to Site 2, attached as Appendix "C" to report DTS-10-140, be adopted. (Dealt with under Delegations and Carried, on a recorded vote) COMMUNITY SERVICES COMMITTEE - That the end-of-term report by the Arts and Culture Advisory Committee be accepted. 2. That amendments to Policy I-65, Arts and Culture Advisory Committee Terms of Reference, be approved as outlined in Community Services Department report CSD-10-053. 3. That Council Policy I-816, Public Art Policy, be amended to clarify the nature of eligible construction projects as detailed in Community Services Department report CSD-10-058; and further, That the five-year public art plan strategies outlined in the staff report be approved. 4. That consideration of the following recommendation be referred to the Community Services Committee meeting of September 27, 2010, to allow staff an opportunity to provide a report on green fee rates and turf maintenance costs for the years 2008, 2009 and 2010; a comparison of the City of Kitchener rates and the rates of other golf courses in terms of memberships and "pay-as-you-play" rates: "That the golf membership system as outlined in Community Services Department report CSD-10-050, be adopted for the 2011 golfing season and beyond." (As Amended) COUNCIL MINUTES SEPTEMBER 20, 2010 - 274 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the short form wording and suggested set fine amounts for the offences under Chapter 508 (Alternative Massage Centres) of The City of Kitchener Municipal Code, as set out in Schedule "A" attached to Corporate Services Department report CRPS-10-140, be approved; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of set fines. 2. That the following persons, Mike Begin, Saul Herzog and Paula Saunders, be appointed to the Grand River Accessibility Advisory Committee (GRAAC) on an interim basis to December 31, 2010, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of Woolwich, Township of North Dumfries and Township of Wellesley; and further, That the temporary provision allowing the GRAAC to operate with 7 to 11 members for 2010 be lifted and the Committee resume operation under its Terms of Reference, requiring 11 to 15 members. 3. That staff be directed to work with representatives of the Grand River Car Share (GRCS) to determine the number of parking spaces in non-revenue generating City facilities, such as Community Centres, that could potentially be made available as a designated parking space for use of the GRCS, and how such a partnership would work operationally between the City and the GRCS, to assist in growing their services of a car sharing co-operative; and, That staff investigate the potential for the City of Kitchener to become a Corporate partner of the GRCS, similar to that of the Region of Waterloo, wherein a GRCS vehicle could be made available to those City employees who use motor vehicles on an infrequent basis for City business; and further, That a report concerning these matters be brought forward for consideration to the September 27, 2010 Community Services Committee meeting. COUNCIL MINUTES SEPTEMBER 20, 2010 - 275 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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 - 1. CSD-10-062 - Consolidated Maintenance Facility - Relocation & Business Continuity Logistics Council considered Community Services Department report CSD-10-062 (P. Houston), dated September 14, 2010. Councillor J. Gazzola questioned the rationale for proposing to waive the tender process. Ms. P. Houston advised that relocation of staffing from existing facilities into the new Consolidated Maintenance Facility (CMF) is complex and the company proposed already has extensive knowledge of the CMF project having worked with the City from the start. The company's experience is felt best to handle the relocation process and it will save substantial staff time in not having to bring a new company up to date on the project. She pointed out that issuing a proposal call will delay the relocation process and time is of the essence to meet scheduling timetables. Councillor J. Gazzola questioned if the City would be obligated to award a proposal call to the lowest bid. Mr. D. Chapman, General Manager, Financial Services, advised that costing would be only one factor among other criteria and therefore, would not be the only determining factor on which to award the proposal. Councillor Gazzola stated that he would not support waiving of the tender process, expressing the opinion it should be done to see what others may have to offer and even if a lower bid is received from another company, the City would still retain the option to proceed with the current consulting firm based on meeting the proposal criteria. It was resolved: "That the tender selection requirements of the Purchasing By-Law be waived and Western Management Consultants be retained for the purposes of reviewing the relocation and business continuity planning for the Consolidated Maintenance Facility (CMF) project, for a fee not to exceed $28,000 plus applicable taxes, based on a satisfactory contract being negotiated; and further, That the Director of Supply Services be authorized to execute an agreement, satisfactory to the City Solicitor, with Western Management Consultants to undertake the relocation and business continuity planning review for the CMF project." 2. DTS-10-168 -Request to Waive Enforcement of Sign By-law - 11 Benton Street Dealt with under Delegations. 3. DTS-10-166 -Demolition Control Application DC 10/09/Q/GS - 399 & 411 Queen Street South - Polocorp Inc. Dealt with under Delegations. 4. Grand River South Pumping Station -Credit for Service Reconciliation Council considered Corporate Services Department report CRPS-10-151 (S. Ross), dated September 13, 2010. COUNCIL MINUTES SEPTEMBER 20, 2010 - 276 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Grand River South Pumping Station -Credit for Service Reconciliation (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute an Amending Agreement regarding the construction of the Grand River South Pumping Station in a form approved by the City Solicitor, whereby the parties acknowledge that the total actual eligible costs paid by Lyndale Estates Limited is $5,659,339.42; and further, That the City of Kitchener provide payment in the amount of $38,116.17 to Lyndale Estates Limited representing the total actual eligible amount incurred by Lyndale Estates Limited in excess of the amount stipulated in the original agreement between the parties dating back to 2004." 5. Exemption to Chapter 450 (Noise) of the Municipal Code - Ministry of Transportation (MTO) - Highway 8 /Grand River Bridge Construction Project Council was in receipt of Development & Technical Services Department report DTS- 10-169 (K. Carmichael), dated September 17, 2010 in response to Council's resolution of September 7, 2010 requesting the MTO to address concerns regarding construction noise as raised by area residents in the vicinity of the Highway 8 /Grand River bridge construction project. The report outlines details of meetings held with MTO and its project consultant which have resulted in an action plan to address resident concerns.