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HomeMy WebLinkAboutCouncil - 2011-01-10 COUNCIL MINUTES JANUARY 10, 2011 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 representatives from Kitchener Girl Guides / Brownies. On motion by Councillor D. Glenn-Graham, the minutes of the regular meeting held December 20, 2010 and special meeting held December 20, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Police Chief M. Torigian and Deputy Police Chief B. Thomlison, Waterloo Regional Police Services (WRPS), attended to present details of a new Neighbourhood Policing Model based on number of citizen calls for service within newly established police patrol zones and redeployment of 50 officers from within various investigative teams (10 from rural divisions and 40 from urban divisions), to frontline patrols to better address service calls during peak times. The model provides ability to gather statistical data to use in measuring community needs and in determining the best use of staff resources. Concerns were raised regarding the impact to the community of redeployed officers. Chief Torigian advised that tough decisions had to be made that come not without impact to the community but is necessary to address increased demand on frontline patrols. Further review of investigative divisions is also ongoing to determine where other efficiencies might be gained and this process has enabled a reduction in requests for more resources. It was noted that the statistical data compiled will be reviewed every 3 to 6 months to enable appropriate response to ever changing community needs and it is anticipated further changes in police patrol zones may occur within a 3-year period as the Region grows. Chief Torigian advised that the entire administrative organization was reviewed to determine efficiencies and where feasible, officers currently working in administration have been redeployed to front line patrols. Concern was raised in respect to achieving a seamless approach within the divisions of the newly formed police patrol zones. Chief Torigian advised that while there will be some learning curves for Councils, staff and police officers alike, this model focuses on neighbourhoods regardless of the number of police working at any given time and ensures the most efficient operation of resources. In regard to redeployment of community policing resources, Chief Torigian advised that some capacity for crime prevention is being lost, noting a deficiency in resources and the need to focus on, and meet, the demand of core responsibilities. He noted that substantive community consultation was undertaken in development of this model and WRPS has taken steps to ensure community focus is embedded in the plan. Concern was raised as to how a data driven model would account for unreported crimes and Chief Torigian advised while a concern, unreported crimes often do manifest in other ways as part of the investigative process. It was pointed out that the reports prepared for review by the Police Board are public documents and can be provided to Councils to aide in working together. Concerns were raised in respect to the cost of horse patrols and Chief Torigian pointed out that of a total operating budget of $109M the cost to operate the horse police patrols is only $16,000. per year. He added that the operational effectiveness of the horse patrols is being witnessed in development of community relationships with Police Officers that would otherwise not occur. The impact of the new model was questioned in respect to policing areas, such as Downtown cores, where numbers may not warrant but increased visibility of officers is needed to address perception of safety. Chief Torigian advised that this model allows better deployment according to needs by placing officers in the right place at the right time; however, guarantees of satisfaction cannot be given until more resources are acquired. Ms. Elif Smith, Managing Director, LuminAD, attended in regard to a decision of the Committee of Adjustment, listed as Item 7 b) under Unfinished Business on the Council agenda, to defer consideration of Sign Variance Application, Submission No. SG 2010-026, 105 King Street East / 11 Benton Street. The application seeks permission to display an automatic projected sign with changing copy on a building façade (Delta Hotel), as applied for by LuminAD. Mr. J. Willmer, Deputy CAO, Community Services, advised that Council had deferred consideration of the Committee of Adjustment’s decision at its December 20, 2010 meeting to obtain additional information from staff in regard to the timing for a revised Sign By-law to come forward and to allow members of Council an opportunity to view the projection signage. Mr. Willmer stated that a revised Sign By-law is anticipated to come forward for Council’s consideration in May or June 2011 and if Council is inclined to stay in keeping with the Committee of Adjustment’s decision, asked that the deferral recommendation be amended to reflect a similar timeframe. COUNCIL MINUTES JANUARY 10, 2011 8CITY OF KITCHENER - - Ms. Smith advised that during the course of the trial period costs of approximately $35,000. have been accrued and until a permanent permit is obtained they are not in position to launch a marketing strategy as they cannot provide definitive commitments to prospective clients. She expressed concern that when the by-law is finally dealt with that this type of sign may still not be approved yet they will continue to accrue costs to operate under a temporary permit. Mr. Willmer advised that staff had recommended approval to the Committee of Adjustment; however, the Committee had determined that because this type of sign is not included in the by-law and therefore, not permitted anywhere in the City, that it may be appropriate to wait until City-wide regulations are in place. Mr. Willmer noted that staff’s recommended approval was based on six conditions that could be applied if Council was inclined to approve the application. Ms. Smith advised that their ability to pursue prospective clients and partnership arrangements hangs on obtaining a permanent permit and in the absence of same, continuing on a temporary basis does not allow any gains to be made and dynamics could change in the interim of a revised by-law. She had hoped that approval would be in place by now and was uncertain if the matter is weighted to come to that conclusion. Mayor C. Zehr advised that it was Council’s decision to either accept the Committee of Adjustment’s decision to defer the matter or to approve the application at this time. Councillor J. Gazzola questioned if permission was given to operate for a period of 1 year if that would allow Ms. Smith to advance her business and Ms. Smith advised that would definitely be of benefit if a possibility. Councillor B. Vrbanovic questioned if staff was satisfied that enough research has been done as to not require a further trial period or if there is benefit in continuing on a trial basis. Mr. Willmer stated that sufficient information has been gathered and the trial period successful enough to consider approval with certain conditions applied. Councillor Vrbanovic raised concerns with respect to the potential for objectionable content. Mr. Willmer advised that the City has ability to govern content; however, enforcement of changing copy does present some challenges. Councillor K. Galloway questioned that if the matter is deferred and ultimately this type of sign approved under regulations of the Sign By-law, if the Committee of Adjustment application fee could be refunded to the applicant. Mr. Willmer advised that was an option; however, he pointed out that the applicant has and will continue to have benefit of a trial period until such time as the by-law is revised. In response to Mayor Zehr, Mr. Willmer advised that if approved the applicant would still have to obtain a sign permit and requested that approval be subject to the conditions proposed by staff. Councillor J. Gazzola questioned if a permit was issued what the timeframe of the permit might be. Mr. Willmer advised that as this is a new type of sign a timeframe has yet to be determined. Typically, he advised that permanent signs are not subject to a renewal period; however, the issue of content may warrant differing regulations. Councillor Gazzola inquired as to the potential to give approval for a specified period of time and charge a fee and Mr. Willmer advised that Council has authority to do so. Councillor Y. Fernandes questioned if there is ability to control the number of projection signs placed within the City and Mr. Willmer advised that this could be addressed in development of the regulations. A motion by Councillor P. Singh, seconded by Councillor J. Gazzola, was brought forward for consideration to provide for approval of the application for a period of one year, subject to the conditions proposed by staff. At the request of Councillor Gazzola, it was agreed that the period of approval be specified as expiring on December 31, 2011 and a fee of $1,200. be applied. Moved by Councillor P. Singh Seconded by Councillor J. Gazzola “That the application of Chip Reit No. 34 Operations Limited Partnership (SG 2010-026 – 105 King Street East / 11 Benton Street) requesting permission to have an automatic projected sign with changing copy project on the building wall facing Benton Street, which will advertise uses not located on the property, contrary to the Sign By-law, to be located 5m (16.4’) from an intersection rather than the required 23m (75.45’) and 140m (459.31’) from a residential zone rather than the required 150m (492.12’), on Lot 5, Part Lots 4, 6, 7, 8, 9, 11, Plan 364, Part Lot BE 1, Plan 367, Part Lot 38, Plan 394, 105 King Street / 11 Benton Street, Kitchener, Ontario, APPROVED for a period of one year to expire December 31, 2011, subject to the following conditions: COUNCIL MINUTES JANUARY 10, 2011 9CITY OF KITCHENER - - 1. The applicant shall obtain a sign permit and be subject to any specific conditions imposed thereto and the fee for the permit will be $1,200. 2. The automatic changing copy shall only be projected onto the westerly façade of the Delta Hotel at 11 Benton Street in the location as shown in Committee of Adjustment Report No. SG2010-026. 3. The automatic changing copy shall be projected at a visual height greater than the height of the corresponding traffic signal as seen from eastbound King Street. 4. In the event that the automatic changing copy sign is determined to be a traffic hazard by City and/or Region of Waterloo staff, the City shall have the right to revoke the sign permit with notice to the applicant. 5. If the applicant uses any City property to project the automatic changing copy from, they shall enter into any and all necessary encroachment agreements and provide proof of liability insurance to the satisfaction of the City’s Legal Services Division. 6. If the location of the projection equipment for the automatic changing copy sign causes any damage to City property, LuminAD shall be financially responsible for all repairs.” Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor K. Galloway Seconded by Councillor B. Ioannidis Overhead “That Proposal P10-129, Overhead Door Maintenance and Repair, be awarded to Door Co. of K-W Ltd., Kitchener, ON, at their proposed unit prices for one (1) year, with an option to renew for two (2) additional one-year terms, subject to mutual agreement.” Carried. Ms. Arlene Mahood, TriOS College, attended in regard to the decision of the Committee of Adjustment, listed as Item 7 a) under Unfinished Business on the Council agenda, to refuse Sign Variance Application, Submission No. SG 2010-015 (110 King Street East). The application seeks permission to locate 3 fascia signs over architectural features which is not permitted under the Sign By-law. Ms. Mahood requested that the matter be further deferred for a period of up to 2 months to provide time for the applicant to address a real estate matter associated with the subject property. Moved by Councillor B. Vrbanovic Seconded by Councillor D. Glenn-Graham “That the decision of the Committee of Adjustment to refuse Sign Variance Application, Submission No. SG 2010-015 (110 King Street East) as applied for by Realax Market Square be deferred to the March 31, 2011 Council meeting Inc. , to provide opportunity for the applicant to resolve other matters concerning the subject property.” Carried Unanimously. Councillor B. Vrbanovic referred to the Federation of Canadian Municipalities’ (FCM) 2011 Pre- Budget Submission Paper, entitled “Securing Our Future”, circulated this date. He commented on a recent meeting with Minister of Finance J. Flaherty during which it was recognized that significant in- roads have been made to address municipal aging infrastructure through transfer of Federal Gas Tax dollars and infusion of the economic stimulus programs. Councillor Vrbanovic stated that over the next few years no more dollars will flow to municipalities as the Federal Government works to balance its books to address a substantial deficit. In this regard, FCM is seeking development of a long term investment strategy to renew, sustain and expand investments in municipal infrastructure as the Government’s fiscal state improves. Councillor Vrbanovic advised that indication was given by Minister Flaherty that he would pursue further positive dialogue concerning these matters. COUNCIL MINUTES JANUARY 10, 2011 10CITY OF KITCHENER - - Councillor J. Gazzola referred to recent media reports concerning a plan to merge Triple-A hockey in Kitchener and Waterloo and questioned if the City’s Community Services staff have been consulted in the matter. Mr. J. Willmer agreed to follow-up and provide further information to Council on this issue. Councillor J. Gazzola questioned if Kitchener Council will have opportunity to consider and make recommendation to Regional Council on the issue of the Light Rail Transit (LRT). Mayor C. Zehr advised that this matter is being further considered at Regional Committee on January 25, following which Regional staff will bring forward a report seeking direction on how this matter is to proceed. It was Mayor Zehr’s understanding that following these discussions there will be more public consultation during which area municipalities will have opportunity to provide input. At the request of Councillor Z. Janecki, Mayor C. Zehr agreed to approach officials of the Kitchener- Waterloo Symphony to ascertain potential for Council representation on the Symphony’s Board of Directors. Moved by Councillor B. Ioannidis Seconded by Councillor Z. Janecki “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to authorize borrowing for current expenditures in 2011. (b) Being a by-law to provide for a 2011 Interim Tax Levy and for the payment of 2011 Interim Taxes. (c) Being a by-law to exempt certain lots from Part Lot Control – Blocks 6 and 10 and Part of Block 9, Registered Plan 58M-365 – Valebrook Street. (d) To confirm all actions and proceedings of the Council. 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 D. Glenn-Graham as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor D. Glenn-Graham Seconded by Councillor B. Ioannidis “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. Moved by Councillor B. Ioannidis Seconded by Councillor Z. Janecki “That the by-laws be given third reading, namely: (a) Being a by-law to authorize borrowing for current expenditures in 2011. (By-law No. 2011-001) (b) Being a by-law to provide for a 2011 Interim Tax Levy and for the payment of 2011 Interim Taxes. (By-law No. 2011-002) COUNCIL MINUTES JANUARY 10, 2011 11CITY OF KITCHENER - - (c) Being a by-law to exempt certain lots from Part Lot Control – Blocks 6 and 10 and Part of Block 9, Registered Plan 58M-365 – Valebrook Street. (By-law No. 2011-003) (d) To confirm all actions and proceedings of the Council. (By-law No. 2011-004) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 9:15 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 10, 2011 12CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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.Tender Dealt with under Delegations. 2.FCS-11-008 - Appointment – Heritage Kitchener Council considered Finance and Corporate Services Department report FCS-11-008 (C. Goodeve), dated January 4, 2011. It was resolved: “That Cathy Blackbourn be appointed to Heritage Kitchener as the Committee’s representative from the Civic Centre Neighbourhood Heritage Conservation District for a term expiring November 30, 2012.” 3.FCS-11-009 – Amending 2011 Meeting Schedule Council considered Finance and Corporate Services Department report FCS-11-009 (R. Gosse), dated January 5, 2011. At the request of Mayor C. Zehr, it was agreed to modify the recommendation to change the date of the special Finance and Corporate Services Committee meeting to hear public submissions on the draft 2011 budgets from February 17 to February 15, 2011. It was resolved: “That the 2011 Meeting Schedule, adopted by Council on December 6, 2010, be amended by moving the special meeting of the Finance and Corporate Services Committee meeting to deal with the draft 2011 Capital Budget, from February 11 to February 4, 2011; and further, That a special meeting of the Finance and Corporate Services Committee be held in the evening of February 15, 2011 to allow members of the public the opportunity to provide comments and/or input regarding the draft 2011 budgets.”