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HomeMy WebLinkAbout2011-01-17 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JANUARY 17, 2011 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 1:00 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. Etherington and D. Glenn-Graham. Staff: C. Ladd, Chief Administrative Officer P. Houston, Deputy CAO, Infrastructure Services J. Willmer, Deputy CAO, Community Services D. Chapman, Deputy CAO, Finance & Corporate Services S. Turner, Director of By-law Enforcement G. Murphy, Director of Engineering A. Pinard, Interim Director of Planning S. Ross, Assistant City Solicitor D. Ross, Manager, Development Review K. Woodcock, Manager, Service Coordination & Improvement L. Palubeski, Manager, Programs & Resource Services B. Korah, Manager, Development Engineering R. Willms, Supervisor of Administration K. Carmichael, Supervisor of Traffic & Parking D. Gilchrist, Committee Administrator 1. CSD-11-005 - APPOINTMENTS TO THE GRAND RIVER ACCESSIBILITY ADVISORY COMMITTEE (2011) The Committee considered Community Services Department report CSD-11-005, dated November 29, 2010, recommending appointments to the Grand River Accessibility Advisory Committee for a 3 year term, pending ratification by the partnering municipalities. On motion by Councillor D. Glenn-Graham - it was resolved: “That the following applicants be appointed to the Grand River Accessibility Advisory Committee (GRAAC) for a 3-year term ending December 31, 2013, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley and Township of Woolwich: Mike Begin City of Kitchener Reappointment Saul Herzog City of Waterloo Reappointment David Kuhn City of Kitchener New Katherine Nessner City of Kitchener New Ken Parker City of Kitchener Reappointment Amy Ross City of Waterloo Reappointment Paula Saunders City of KitchenerReappointment Carrie Speers City of Kitchener New 2. CSD-11-010 - DEMOLITION CONTROL APPLICATION DC10/12/B/GS - 278 BREITHAUPT STREET - JOHN AND LISA O’BRIEN The Committee considered Community Services Department report CSD-11-010, dated January 5, 2011, recommending unconditional approval of the demolition of the single detached dwelling at 278 Breithaupt Street. In the report staff explains that the property is currently used as industrial, which is consistent with the General Industrial (M-2) zoning; currently, the house is vacant. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JANUARY 17, 2011 - 3 - CITY OF KITCHENER 2. CSD-11-010 - DEMOLITION CONTROL APPLICATION DC10/12/B/GS - 278 BREITHAUPT STREET - JOHN AND LISA O’BRIEN (CONT’D) Councillor Janecki questioned what will happen with the site once the demolition takes place. Ms. Ross advised that there is another building on the property and the owner is proposing new development. Until the new development takes place, the owner must meet the requirements of the Property Standards By-law. On motion by Councillor D. Glenn-Graham - it was resolved: “That Demolition Control Application DC10/12/B/GS requesting permission to demolish one (1) single detached dwelling located at 278 Breithaupt Street, owned by Lisa and John O’Brien, be approved without conditions.” 3. CSD-11-011 - DEMOLITION CONTROL APPLICATION DC10/14/N/GS - 730 NEW DUNDEE ROAD - VLADIMIR SESTAN The Committee considered Community Services Department report CSD-11-011, dated January 5, 2011, recommending unconditional approval of demolition of the single detached dwelling at 730 New Dundee Road. In the report, staff explained that the owner has no interest in renting the house; as it is deteriorating and requires immediate repairs and on-going maintenance; and, it will not be incorporated into the future redevelopment of the property. Councillor Fernandes questioned how she will be informed about future development on this property. Ms. Ross advised that there are no redevelopment considerations at the time; however, when the owner is ready to redevelop this property a zone change and site plan application will be required and they will be circulated to her. On motion by Councillor D. Glenn-Graham - it was resolved: “That Demolition Control Application DC10/14/N/GS requesting permission to demolish one (1) single detached dwelling located at 730 New Dundee Road, owned by Vladimir Sestan,be approved without conditions.” 4.INS-10-006 - NOISE EXEMPTION - HIGHWAY 7/8 RECONSTRUCTION AND WIDENING The Committee considered Infrastructure Services Department report INS-10-006, dated December 17, 2010, recommending a Noise By-law exemption from March 7, 2011 to December 31, 2013, to allow for the completion of the construction work on Highway 7/8, while at the same time minimizing traffic disruption. Mr. K. Carmichael presented the report. Councillor Galloway questioned whether the Ministry will be communicating directly with the residents backing onto the expressway. Ms. T. Cross, Senior Project Engineer for the Ministry of Transportation advised that there will be an initial notification in the newspaper, a dedicated web site and information signs to communicate the project. Councillor Galloway advised that only 30% of people read the newspaper and it would be best to contact these residents directly. Ms. Cross then advised that the Ministry will undertake an initial notice to these residents. Councillor Gazzola noted that the recommendation is for a 3 year noise exemption. He questioned what could be done if problems arise. Mr. Carmichael responded that the approval can not be rescinded; however, if there are problems, this matter can come back to Council and conditions can be imposed. Councillor Fernandes questioned whether there is any protection given to private homes should damage occur. Ms. Cross advised that the Ministry will conduct a pile driving survey of the homes before and after the work takes place. Councillor Fernandes then stated that residents in the area should be notified directly. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JANUARY 17, 2011 - 4 - CITY OF KITCHENER 4. INS-10-006 - NOISE EXEMPTION - HIGHWAY 7/8 RECONSTRUCTION AND WIDENING, (CONT’D) On motion by Councillor B. Ioannidis - it was resolved: “That the Ministry of Transportation of Ontario (MTO) and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the Highway 7/8 (Courtland Avenue to 1 km west of Fischer Hallman Road) reconstruction and widening project in the City of Kitchener, between the hours of 7:00 p.m. and 7:00 a.m. for the period March 7, 2011 to December 31, 2013.” 5. CSD-11-001 - EXTENSION TO INTERIM CONTROL BY-LAW 2010-032 - AFFECTING LANDS SUBJECT TO THE SOUTHWEST URBAN AREA STUDIES The Committee considered Community Services Department report CSD-11-001, dated December 23, 2010, recommending that interim control By-law 2010-032 be extended to allow for the completion of the Southwest Urban Area Studies. Mr. A. Pinard presented the report advising that an interim control by-law can last for a maximum of 2 years. On motion by Councillor P. Singh - it was resolved: “That a by-law to extend Interim Control By-law 2010-032 be approved in the form shown in the “Proposed By-law” dated December 24, 2010, attached to report CSD- 01- 001.” 6. INS-10-007 - HOMER WATSON PUMPING STATION - TENDER AWARD AND PROJECT STATUS - UPDATE - TENDER #T-094 - ADDENDUM TO INS-10-007 The Committee considered Infrastructure Services Department report INS-10-007, dated January 4, 2011, in which staff respond to all the questions raised by Council at both the December 13, 2010 Community and Infrastructure Services Committee meeting and the December 20, 2010 Council meeting, concerning various means of financing the Homer Watson Pumping Station Upgrade and consequences of not going forward at this time. In the report staff recommends awarding the tender to H.I.R.A. Limited, St Thomas, Ontario, at their tendered price. Mr. B. Korah presented the report. Councillor Gazzola questioned why the low bidder would be entitled to a penalty payment. Mr. Murphy responded that there is a potential for lost profit; and, if we retender without a change in scope, the low bidder would be expecting to be awarded the tender. Currently, changing the scope of the project is not what needs to be done. The City will have to either award the tender or defer the project for a significant amount of time. Councillor Gazzola then questioned the secant piling which adds $1.2M to the cost of the project. He asked whether there are any other ways to perform this work and why we did not know the existing condition. Mr. Korah advised that the consultant originally recommended sheet piling because they did not know the existing soil conditions. With respect to alternatives, Mr. Korah advised that there are no viable alternatives. Councillor Gazzola then questioned the material handling. Mr. Korah advised that because this property is in the flood plain the Grand River Conservation Authority (G.R.C.A.) requires that all materials have to be stored off-site. There are applicable fines if any material runs into the creek, charged by the G.R.C.A. and the Ministry of the Environment (MTO). Regarding current operational implications of not having a storage tank, Mr. Murphy advised that Operations staff have a very limited amount of time to respond to high level alarms and the storage tank provides additional time to respond to emergency situations. Further, increased flow into the pumping station reduces the response time. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JANUARY 17, 2011 - 5 - CITY OF KITCHENER 6. INS-10-007 - HOMER WATSON PUMPING STATION - TENDER AWARD AND PROJECT STATUS - UPDATE - TENDER #T-094 - ADDENDUM TO INS-10-007 (CONT’D) Mayor Zehr referred to page 6-3 in the agenda noting the projects that will be deferred in order to accommodate the additional cost of this project. He asked what the consequences of deferral will be. Mr. Murphy advised that staff have considered the City’s development priorities as identified in the Kitchener Growth Management Plan. The lands to be services through the upgrades to the Homer Watson Pumping Station are priority “A” and “B” lands; whereas the lands to be services by the deferred projects are priority “C” and “D” lands, so staff is providing resources and energy to priority lands. In response to questions from Councillor Janecki, Mr. Korah advised that the current overflow capacity is a wet well that will fill within 5 minutes, following which the overflow goes into the creek. With respect to the storage tank being constructed in the flood plain, Mr. Korah advised that the storage tank will be totally underground and it has been approved by the G.R.C.A. Councillor Janecki questioned the position of the Development Charge Reserve. Mr. D. Chapman advised it has a $2M deficit with soft services having a $10M deficit position and hard services being in a surplus position. Councillor Janecki noted that the Development Charges By-law shows $4M for this project. He then questioned the contingency for the project and Mr. Korah noted that there is a 10% contingency, part of which may have to be used for dewatering when digging for the holding tank, with an additional amount for any unforeseen matters. Councillor Janecki questioned deferral of 2 projects: Doon South and New Dundee Road and Mr. Korah confirmed that these have been combined and are for a pumping station which will service Priority C land. Councillor Janecki then questioned what the development industry thinks of this situation. Mr. Murphy advised that they have been advised that there may be deferrals because of the deficit situation but staff has not had detailed discussions with them. Councillor Vrbanovic questioned how staff could provide better estimates for the capital budget. Mr. Murphy responded that on complex projects staff goes through pre-tendering estimates, which was not done very well this time. Staff brought this matter back to Committee as soon as possible after the additional costs were known. Councillor Vrbanovic stated that a better job needs to be done and directed staff to explore ways of providing better estimates at budget time. He then questioned other solutions and Mr. Murphy responded that staff has considered a variety of issues through the Environmental Assessment process including investigating other locations. He noted that this site is constrained by the flood plain and the geotechnical situation is driving the construction methodology. With respect to the capacity of the pumping station, Mr. Murphy advised that 309 l/sec is the maximum capacity permitted for this pumping station; however, it was only built to accommodate approximately half of that value. Mr. J. Willmer advised that currently there is a back-up plan to accommodate failures at this site. Mr. Murphy advised that Operations staff have a variety of spill containment procedures such as checking dams and they work closely with G.R.C.A. and the M.O.E. Councillor Fernandes questioned whether H.I.R.A. Limited was the lowest bidder and staff advised that they were. She then questioned what happens if they go beyond their tendered price. Mr. Murphy advised that Council’s policy is clear; anything over 10% must come back to Council. The financial situation will be closely monitored through project management. Councillor Fernandes then questioned the surface area of the storage tank and Mr. Korah advised that the area is 180sq.m. She then questioned the impact of the secant piling on homes in the area. Mr. Korah stated that he does not believe there will be an impact; however, staff will conduct pre and post construction surveys of the 2 houses closest to the pumping station. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JANUARY 17, 2011 - 6 - CITY OF KITCHENER 6. INS-10-007 - HOMER WATSON PUMPING STATION - TENDER AWARD AND PROJECT STATUS - UPDATE - TENDER #T-094 - ADDENDUM TO INS-10-007 (CONT’D) Councillor Gazzola questioned whether the additional cost for this pumping station can be included in a future Development Charges By-law and Mr. Chapman advised that it can be included. Councillor Etherington questioned how it is that we have a pumping station in the flood plain and Mr. Korah advised that infrastructure is permitted in a flood plain. Ms. K. Huxted addressed the Committee advising of her concerns about construction of the storage tank in the flood plain. She displayed images of recent flooding in the Doon Village Road area and expressed concerns about flooding during construction. She questioned whether the City has an emergency evacuation plan. She also questioned whether the G.R.C.A. has any other examples of this type of situation. Councillor Galloway questioned whether Ms. Huxted is in favour of the project provided there is an emergency evacuation plan. Ms. Huxted advised that she is in favour of the project as long as the storage tank is moved to another location. In response to a question from Councillor Galloway, Mr. Korah advised that other locations where considered; however, this is the necessary location. Mr. J. Huxted addressed the Committee advising that he is concerned about the cost over-run and the reasons for it. He also stated a concern with the fact that the consulting engineer did not know about the soil type and the required construction method. He stated that this project is impeding and degrading the environment along the creek; further, the creek goes through the heritage district and it floods. He suggested that the City should have considered alternatives in 1998; now staff is holding fast to this location and is not considering any other. The City is going against its own policies and risking damage to the environment. Councillor Glenn-Graham questioned Mr. Huxted as to where he thought expropriation should take place and Mr. Huxted suggested increasing the land area for pumping station. In response to a question from Councillor Janecki, Mr. Huxted advised that with respect to the environmental impact, we have seen what has been happened in other places such as Schneider Creek and we can see what is happening now. He stated that we are going against everything we have worked for regarding environmental standards. Mr. G. Scheels, GSP Group, was in attendance on behalf of Monarch Corporation who has built in the Doon area for several years. He spoke in support of the staff recommendation. However, he advised the Committee that Monarch does have some concerns with the deferral of other projects as they have draft approval in those areas. He advised that the City has contemplated infrastructure in those areas for sometime and that the situation has to be considered holistically. In response to questions from the Committee, Mr. Scheel advised that these lands are priority “C” lands; however, this development has moved up over the past 2 years and as part of the review of the staging of development this designation needs to be brought up to date. Councillor Fernandes questioned whether Monarch would front-end finance the infrastructure and Mr. Scheels advised that he could not give a definite answer. Mayor Zehr moved the recommendation in the staff report. He stated that a lot of balancing needs to be done. He stated that he is aware from other projects that the G.R.C.A. is not an easy organization and they have approved the upgrades as proposed because the land does not contain any fill. He also stated that he is satisfied that the Environmental Assessment was done fairly. With respect to the costs, Mayor Zehr expressed the opinion that the City can not take risks in terms of the lack of storage. Councillor Janecki stated that he agrees with Mayor Zehr and he also has serious concerns about the current lack of storage and any environmental problems that the situation may cause. He advised that he is dissatisfied with the additional cost but noted that the hard services portion of the Development Charge Reserve is in a surplus position. He stated that he supports the recommendation. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JANUARY 17, 2011 - 7 - CITY OF KITCHENER 6. INS-10-007 - HOMER WATSON PUMPING STATION - TENDER AWARD AND PROJECT STATUS - UPDATE - TENDER #T-094 - ADDENDUM TO INS-10-007 (CONT’D) Councillor Vrbanovic spoke in support of the recommendation stating that staff must provide better estimates at budget time. Councillor Fernandes advised that she is unsure about this project. She stated that this is a 70% development driven project and thinks that the developers should provide up-front payments. She advised that although she sees the importance of the storage tank, staff should have looked for another location; and, there should be built-in protection measures for flooding. Councillor Gazzola advised that he is disappointed that this project has almost doubled in cost and stated that Council should have been advised sooner. voted on and Carried by a recorded vote The following motion was , with Mayor C. Zehr and Councillors K. Galloway, P. Singh, S. Davey, B. Vrbanovic, J. Gazzola, B. Ioannidis, Z. Janecki, F. Etherington and D. Glenn-Graham voting and favour and Councillor Y. Fernandes voting in opposition. On motion by Mayor C. Zehr - it was resolved: “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 Utility to the Homer Watson Pumping Station Upgrade project account based on the 70/30 split established in the Development Charge Background studies.” 7. INS-10-009 - HOMER WATSON PUMPING STATION - CONTRACT ADMINISTRATION AND INSPECTION SERVICES - CONSULTANT PURCHASE ORDER EXTENSION - ADDENDUM TO INS-10-008 REPORT The Committee considered Infrastructure Services Department report INS-10-009, dated January 7, 2011, recommending that the purchase order for consulting services for the Homer Watson Pumping Station be extended. Mr. Murphy presented the report. Councillor Glen-Graham moved the recommendation in the staff report. Councillor Janecki questioned whether there is to be a 70/30 split in terms of where the cost will be paid and was advised that 70% will be paid from the Development Charge Reserve and 30% from the Sanitary Sewer Utility. Councillor Janecki requested that the recommendation be amended accordingly which was accepted by Councillor Glen-Graham. On motion by Councillor D. Glenn-Graham- it was resolved: “That the extension of the purchase order for consulting services to Associated Engineering, related to upgrades and emergency storage at the Homer Watson Pumping Station, be approved in the additional amount of $121,904.22 plus applicable taxes, of which 70% is to be paid from the Development Charges Reserve and 30% from the Sanitary Sewer Utility.” 8.CSD-11-013 - OVERVIEW OF COUNCIL POLICY I-525 COMMUNITY INVESTMENT The Committee considered Community Services Department report CSD-11-013, dated January 12, 2011, which was written to inform Council of the background to the City’s current Community Investment Strategy before being asked to consider the 2011 grant requests. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JANUARY 17, 2011 - 8 - CITY OF KITCHENER 8. CSD-11-013 - OVERVIEW OF COUNCIL POLICY I-525 COMMUNITY INVESTMENT (CONT’D) Ms. K. Woodcock presented the report reviewing each type of grant offered by the City, the purpose of each and the amount of money awarded in 2010 for each grant type. She advised that the money awarded is truly an investment in the community and a return on investment is obtained through the community groups. She noted that other foundations work with the City in this regard and the City has been working with other municipalities. Councillor Glen-Graham questioned if three are any statistics on under-spending and questioned what happens with the remaining money. Ms. Willms advised that the money remaining in any year does not get carried forward. Ms. Woodcock advised that the amount requested for Tier 2 grants always exceeds the money available. Councillor Etherington questioned how Kitchener compares to other municipalities of a similar size in this regard. Ms. Willms advised that staff has comparison figures on arts and culture grants only. Mayor Zehr advised that in terms of arts and culture grants, for every dollar that Kitchener invests, the Cities of Waterloo and Cambridge invest $0.30 to $0.50 per capita. Councillor Vrbanovic spoke of the findings of the Prosperity Council that investment in this region is comparatively lower that other Ontario municipalities and we receive less funding from the senior levels of government. 9.CSD-11-006 - CONTRACT WITH KITCHENER-WATERLOO HUMANE SOCIETY The Committee considered Community Services Department report CSD-11-006, dated January 5, 2011, recommending a one year extension to the Animal and Dog Control and Pound Services Agreement and the Spaying & Neutering Program Agreement with the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society. The Committee was provided this date with background information on the current agreement. Mr. S. Turner presented the report. He advised that, due to a couple of factors, staff would like another year to review the services provided through the agreement. On motion by Councillor B.Vrbanovic - it was resolved: “That the Mayor and Clerk be authorized to execute an amendment to the Animal and Dog Control and Pound Services Agreement and the Spaying and Neutering Program Agreement, with the Corporation of the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society, dated January 1, 2007, to extend the term for an additional 1 year until December 31, 2011, with the terms set out in report no. CSD-11- 006.” 10.CSD-11-009 - AMENDMENT TO MUNICIPAL CODE CHAPTER 640 (ADEQUATE HEAT) The Committee considered Community Services Department report CSD-11-009, dated January 5, 2011, recommending an amendment to Chapter 640 (Adequate Heat) of the City of Kitchener Municipal Code. The purpose of this amendment will allow staff to undertake any work required when the owner fails to undertake the work as directed. Also, the Code amendment will update the provisions respecting powers of entry. Mr. S. Turner presented the report advising that the recommendation deals with a housekeeping amendment which will allow staff to undertake the necessary work if the property owner does not. The cost will be added to the tax rolls. He explained that prosecution takes time and does not achieve immediate compliance. The recommendation will also update the powers of entry as allowed in the Municipal Act. Councillor P. Singh declared a pecuniary interest in this matter as he is a landlord in the City of Kitchener and he did not participate in any discussion or voting respecting this matter. Councillor Fernandes questioned whether there is a way to monitor cooling in the summer. Mr. Turner responded that this provision will apply in the summer but the provision of air COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JANUARY 17, 2011 - 9 - CITY OF KITCHENER 10. CSD-11-009 - AMENDMENT TO MUNICIPAL CODE CHAPTER 640 (ADEQUATE HEAT) (CONT’D) conditioning in the summer is not required.Councillor Fernandes questioned whether there is a possibility to monitor air conditioning as some people run their air conditioners excessively. Mr. Turner advised that it may be possible to consider when the Property Standards By-law is reviewed. In response to questions from Councillor Glenn-Graham, Mr. Turner advised that staff do not usually have a problem with compliance; the costs plus a 20% administration fee are added to taxes; and, the Police are asked to get involved in these situations only when necessary to keep the peace. It was confirmed that there is a landlord’s association and staff was directed by Councillor Gazzola to advise them of this proposed Municipal Code amendment prior to next week’s Council meeting. On motion by Councillor Y. Fernandes - it was resolved: “That a by-law be enacted to amend Chapter 640 (Adequate Heat) of the City of Kitchener Municipal Code to authorize staff to undertake any work required to comply with the provisions of Chapter 640 (Adequate Heat) when the owner fails to undertake the required work as directed and to update the provisions of the By-law relating to powers of entry.” 11.ADJOURNMENT On motion, the meeting adjourned at 3:35 p.m. Dianne Gilchrist Committee Administrator