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HomeMy WebLinkAboutCIS - 2010-12-13 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE DECEMBER 13, 2010 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 4:37 p.m. Present: Councillor K. Galloway - Chair Mayor C. Zehr and Councillors P. Singh, S. Davey, B. Vrbanovic, J. Gazzola, Y. Fernandes, B. Ioannidis, Z. Janecki, F. Etherintgon and D. Glenn-Graham. Staff: C. Ladd, Chief Administrative Officer P. Houston, Deputy CAO, Infrastructure Services J. Willmer, Interim Deputy CAO, Community Services D. Chapman, Deputy CAO, Finance & Corporate Services J. McBride, Director of Transportation Planning G. Murphy, Director of Engineering T. Beckett, Fire Chief A. Pinard, Interim Director of Planning B. Korah, Manager, Development Engineering L. Baillargeon, Manager, Asset Optimization D. Gilchrist, Committee Administrator 1. CSD-10-076 - COMISSION AGREEMENT - STEFAN ROSE, 2010 ARTIST-IN-RESIDENCE The Committee considered Community Services Department report CSD-10-076, dated December 3, 2010, in which staff recommends the commissioning and installation of art work by Stefan Rose, the City’s 2010 Artist in Residence. On motion by Councillor J. Gazzola - it was resolved: “That the commissioning and installation of art work by the City’s 2010 Artist-in- Residence, Stefan Rose, be approved; and further, That the Mayor and Clerk be authorized to execute the Artist-in-Residence 2010 Commission Agreement with Stefan Rose in a form satisfactory to the City Solicitor, such agreement encompassing the terms set out in Community Service Department report CSD-10-076.” 2.INS-10-001 - ON-STREET PARKING REGULATIONS - MELROSE AVENUE The Committee considered Infrastructure Services Department report INS-10-001, dated December 6, 2010, which recommends the prohibition of parking on the south side of Melrose Avenue, from January 1 to March 31 each year. Councillor P. Singh questioned the cost of signage suggesting that a notice be sent to the residents instead. Mr. McBride advised that the parking prohibition applies to more than just the residents on the street and a sign is required if the parking prohibition is to be enforced. On motion by Councillor J. Gazzola - it was resolved: “That the Uniform Traffic By-law be amended to prohibit on-street parking on the south side of Melrose Avenue from Krug Street to Stirling Avenue North from January 1st to March 31st each year.” 3.INS-10-002 - ON-STREET PARKING REGULATIONS - 47 JOSHUA STREET The Committee considered Infrastructure Services Department report INS-10-002, dated December 6, 2010, recommending the prohibition of parking on a portion of Joshua Street. On motion by Councillor J. Gazzola - it was resolved: COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE DECEMBER 13, 2010 - 2 - CITY OF KITCHENER 3.INS-10-002 - ON-STREET PARKING REGULATIONS - 47 JOSHUA STREET (CONT’D) “That the Uniform Traffic By-law be amended to prohibit parking at anytime, on the east side of Joshua Street from a point 66 m north of Brisbane Drive to a point 22 m north thereof.” 4.INS-10-003 - ON-STREET PARKING REGULATIONS - SENECA DRIVE The Committee considered Infrastructure Services Department report INS-10-003, dated December 6, 2010, recommending the prohibition of parking at anytime on a portion of Seneca Drive. Councillor Gazzola questioned whether there were any comments from residents and Mr. McBride advised that staff only received one response which was in support. On motion by Councillor J. Gazzola - it was resolved: “That the Uniform Traffic By-law be amended to prohibit parking at anytime on the west side of Seneca Drive between Lorne Crescent and Lorne Crescent.” 5.INS-10-004 - TRAFFIC CONTROL - WILSON AVENUE AT WABANAKI DRIVE The Committee considered Infrastructure Services Department report INS-10-004, dated December 6, 2010, recommending a traffic control at Wilson Avenue at Wabanaki Drive and no parking on a portion of Wabanaki Drive. On motion by Councillor J. Gazzola - it was resolved: “That the Uniform Traffic By-law be amended to require a yield sign for the east bound right turn lane on Wilson Avenue at Wabanaki Drive and to prohibit parking anytime on both sides of Wabanaki Drive between Wilson Avenue and Fairway Road South.” 6. CSD-10-072 - DEMOLITION CONTROL APPLICATION - DC10/13/H/ATP - 771 HURON ROAD - DEERFIELD HOMES The Committee considered Community Services Department report CSD-10-072, dated December 3, 2010, recommending approval of the Demolition Control Application for 771 Huron Road, submitted by Deerfield Homes Ltd. Mr. Pinard explained the process for demolition control applications required by the Planning Act; noting that only the demolition of residential buildings must go through this process. Councillor Y. Fernandes questioned the 60m community engagement and Mr. Pinard responded that it is prescribed by Council Policy. He also advised that staff will be reviewing Council’s community engagement policy and reporting to Council in this regard in April. Councillor Z. Janecki questioned what will happen to the accessory building on the property. Mr. Pinard advised that this process only applies to the residential structure. Mr. P. Chauvin, MHBC Planning, was in attendance on behalf of Deerfield Homes in support of the staff report and recommendation. He advised that the accessory structure on site will also be demolished. He further advised that they will be registering the plan of subdivision in the spring. Councillor Fernandes questioned the widening of Huron Road and Mr. Pinard advised that the plan of subdivision and where it accesses Huron Road has already been decided. Mr. Chauvin advised that his clients will be providing the City with the widening for Huron Road. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE DECEMBER 13, 2010 - 3 - CITY OF KITCHENER 6. CSD-10-072 - DEMOLITION CONTROL APPLICATION - DC10/13/H/ATP - 771 HURON ROAD - DEERFIELD HOMES (CONT’D) On motion by Councillor D. Glenn-Graham - it was resolved: “That Demolition Control Application DC10/13/H/ATP requesting permission to demolish one single detached dwelling located at 771 Huron Road, owned by Deerfield Homes Limited, legally described as PT LT 158 GERMAN COMPANY TRACT KITCHENER PTS 1 & 3, 58R6298, be approved without conditions.” 7. CSD-10-074 - DEMOLITION CONTROL APPLICATION - DC10/10/O/ATP - 215 OLD CARRIAGE DRIVE - KAREN SPENCER AND JOHN CZAKO The Committee considered Community Services Department report CSD-10-074, dated December 3, 2010, recommending approval of the Demolition Control Application for 215 Old Carriage Drive, without conditions. Mr. A. Pinard presented this report, advising that the process is well underway. Councillor J. Gazzola noted that Heritage Kitchener has dealt with this property. Mr. Pinard stated that Heritage Kitchener has recommended approval of the Heritage Permit Application to demolish the existing residence, which was adopted by Council. The property owners are still working with Heritage Kitchener on the design for the proposed duplex. Mr. Pinard advised that both the Planning Act and Heritage processes must take place. Councillor Fernandes noted that the house is located in the flood plain and questioned mitigation measures. Mr. Pinard advised that after the demolition is approved a development permit is required, which is within the pervue of the Chief Building Official and the requirements of the Grand River Conservation Authority will be dealt with at that time. Ms. K. Spencer, one of the property owners, was in attendance and advised that they have received a permit from the Grand River Conservation Authority. Councillor D. Glenn-Graham questioned community engagement and Mr. Pinard advice that property owners within 60 m of the subject property were provided with notice of this meeting. On motion by Councillor Z. Janecki - it was resolved: “That Demolition Control Application DC10/10/O/ATP requesting permission to demolish one single detached dwelling located at 215 Old Carriage Drive, owned by Karen Spencer and John Czako, legally described as PT LT 3 BIEHN'S TRACT KITCHENER, be approved without conditions.” 8.INS-10-006 - DIRECT PURCHASE - DISCLOSURE REQUIREMENTS The Committee considered Infrastructure Services Department report INS-10-006, dated December 7, 2010, recommending the discontinuance of its disclosure requirements for Agents, Brokers and Marketers soliciting for direct purchase of natural gas, in light of the Energy Consumer Protection Act which comes into effect on January 1, 2011. Ms. Baillargeon presented this report. In response to a question from Councillor B. Vrbanovic Ms. Baillargeon advised that she will ask the Energy Board if the Kitchener Utilities phone number can be included on their form. In response to further questions, Ms. Baillargeon advised that discontinuance of this form saves the Utility approximately $2,000 plus some staff time. Respecting rates, Ms. Baillargeon advised that the Ontario Energy Board has continued to accept that Kitchener Council is the authority to set rates for Kitchener Utilities and we do not depart drastically from our neighbours. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE DECEMBER 13, 2010 - 4 - CITY OF KITCHENER 8.INS-10-006 - DIRECT PURCHASE - DISCLOSURE REQUIREMENTS (CONT’D) On motion by Councillor B. Vrbanovic - it was resolved: “That Kitchener Utilities discontinue its business rule regarding disclosure requirements for Agents, Brokers and Marketers soliciting customers for direct purchase arrangements for their natural gas provisions, effective January 1, 2011.” 9. INS-10-007 - HOMER WATSON PUMPING STATION - CONTRACT T10-094 CONTRACT AWARD The Committee considered Infrastructure Services Department report INS-10-007, dated December 2, 2010, recommending the awarding of the tender for the Homer Watson Pumping Station Upgrade and its funding. Mr. G. Murphy introduced this report noting that the environmental assessment for this project was completed last year, the detailed design has been complete and the project was tendered last summer. Because of the additional funds required for this project it was thought to be proper to bring this report to the new Council. He reminded the committee members that the additional required funding will not affect the tax levy. Mr. B. Korah then presented the staff report. Councillor J. Gazzola questioned the level of funding included in the Development Charges By-law for this project and was advised by Mr. Murphy that the funding level is $5.6 M. Mr. D. Chapman responded that the cost can be regained but other projects will have to be deferred so as not to overspend. Mr. Korah then explained the tendering process and the reasons for the higher rates, noting that the tender closed on September 2, 2010. Councillor Z. Janecki questioned the possibility of amending the Development Charges By-law. Mr. Chapman advised that Council can shift the priorities in the Development Charges By-law. He noted that if the Development Charges By-law is amended, it becomes a public process which risks an appeal. Councillor Gazzola referred to the 6 problem areas identified in the staff report and requested a cost breakdown for each. He questioned whether there is any alternative. Mr. Murphy responded that this project has been through the environmental assessment which has provided this alternative. Changes were made to the scope of the work; however, regardless of the planning that has been done, there are things that happen along the way such as dewatering and working in the flood plain. Mr. Murphy stated that the alternative is to defer a decision on this matter; however, that is not recommended as there is development pressure in that area. Mr. Murphy was directed to provide a report for the Council meeting of December 20, 2010, giving a cost breakdown, alternatives and implications. Councillor Y. Fernandes advised of her environmental concerns with this project and requested that this matter be deferred. Mayor Zehr noted that this project has been through the environmental assessment process and the options have been considered. He also noted that this is a necessary project which will have to be undertaken at some point in time; there is no choice about completing it; however, there is a concern about costs. Mayor Zehr then asked staff to provide the consequences of a deferral. The Mayor cautioned that with the current pressures on tendering the costs will not get cheaper. He questioned the possibility of up-front financing. Mr. Chapman advised that up-front financing is possible. Mr. Murphy advised that a front-end financing agreement with the developers will be required and the developers in this area would not be agreeable to such an arrangement. Mayor Zehr responded that a way forward is essential and he could agree to a deferral for a week but cautioned against a long deferral. Councillor Janecki questioned the implications on the operation of the pumping station if this matter is deferred. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE DECEMBER 13, 2010 - 5 - CITY OF KITCHENER 9. INS-10-007 - HOMER WATSON PUMPING STATION - CONTRACT T10-094 CONTRACT AWARD (CONT’D) Mr. Murphy advised that he will provide Council with a comprehensive report addressing all questions asked, for next week Council meeting. Councillor Vrbanovic suggested that for the past while, tenders have been coming in over st budget. He suggested a deferral and retendering this project after March 31. Mr. Korah stated that retendering may result in the price going up or down, there is no guarantee. He noted that these contractors have extensive experience in this type of work and may not respond to a new tender. Councillor Singh questioned the number of building permits that would be put on hold if this project is differed and was advised that 600 units will be delayed. Councillor Singh then requested information on how much assessment would be lost and how long it would take to recuperate. Mr. Murphy advised that development interests are anxious to move forward and the current delay of the tender has already delayed building permits into the fall of next year. With respect to further questions about front-end financing, Mr. Murphy advised that there is no interest in the development community for front-end financing. Councillor Galloway questioned whether any consideration has been given to constructing a noise barrier during construction or to the hours of work. Mr. Korah advised that working hours will be from 7:00 a.m. to 6:00 p.m.; as anything else will cost more. Councillor Galloway then questioned whether there is a landscaping plan and whether it has been shared with the neighbours. Mr. Korah advised that the landscaping plan was shared with the public at the last open house. Councillor Fernandes questioned the water taking permit and Mr. Korah responded that one is required and it will be monitored by the Grand River Conservation Authority. Councillor Galloway then question whether Infrastructure Services Department report INS-10- 008 should also be deferred if this matter is deferred. Mr. Murphy recommended that both reports should be considered together. In discussing the deferral and required staff report, Ms. C. Ladd recommended a later deferral as it will probably take longer to prepare a response to all the questions asked by this Committee. Mayor Zehr responded that a further deferral can be approved at the December th 20 Council meeting if necessary. On motion by Mayor C. Zehr - it was resolved: “That consideration of the following recommendation contained in Infrastructure be referred to the Council meeting of Services Department report INS-10-007, December 20, 2010 , pending a report from staff on the implications of: the extra funding from Development Charges, a delay in approving the tender; and the amount and recuperation of assessment for development that can not take place or are delayed, and a cost breakdown of each of the 6 problems that have been encountered as identified in the staff report: “That tender T10-094, Homer Watson Pumping Station Upgrade, be awarded to H.I.R.A. Limited, St. Thomas, Ontario at their tendered price of $7,362,000 plus H.S.T. of $957,060., for a total of $8,319,060; and further That $4,525,000 be allocated from the Development Charges Reserve and Sanitary Sewer funding to the Homer Watson Pumping Station Upgrade project account based on the 70/30 split established in the Development Charge Background studies.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE DECEMBER 13, 2010 - 6 - CITY OF KITCHENER 10.INS-10-008 - HOMER WATSON PUMPING STATION - PURCHASE ORDER EXTENSION The Committee did not consider this report as it is accessory to Infrastructure Services Department report INS-10-007. It was agreed that this report will also be deferred to the Council meeting of December 2010, so that both staff reports can be considered together. On motion by Mayor C. Zehr - it was resolved: “That consideration of the following recommendation contained in Infrastructure be referred to the Council meeting of Services Department report INS-10-008, December 20, 2010 , pending the outcome of Contract T10-094: “That the Purchase Order for consulting services to Associated Engineering related to upgrades and emergency storage at the Homer Watson Pumping Stationbe expanded at an additional cost of $ 121,904.22 plus applicable taxes.” 11. CSD-10-075 - TEMPORARY OCCUPANCY REQUEST - 123 VICTORIA STREET NORTH - MICHELLE BROEGE The Committee considered Community and Infrastructure Services Department report CSD- 10-075, dated December 7, 2010, recommending that the owners of 123 Victoria Street North be permitted to use this property as a duplex on a temporary basis, subject to conditions. Mr. A. Pinard presented this report. On motion by Councillor D. Glenn-Graham - it was resolved: “That the request for temporary occupancy to permit a duplex use at 123 Victoria Street North be approved, subject to the conditions outlined in Community and Infrastructure Services Department report CSD-10-075.” 12.ADJOURNMENT On motion, the meeting adjourned at 5:55 p.m. Dianne Gilchrist Committee Administrator