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HomeMy WebLinkAboutCouncil - 2011-03-07COUNCIL MINUTES MARCH 7, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date chaired by Acting Mayor Z. Janecki with all members present, except Mayor C. Zehr. The meeting began with the singing of "O Canada" by Crystal borscht, King School of Vocal. On motion by Councillor Y. Fernandes, the minutes of the regular meeting held February 14, 2011 and special meeting held February 28, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. Mike Gregory, AECOM, presented Kitchener's Storm Water Management (SWM) Program 2010 - 5 Year Report Card, relative to Clause 7 of the Community and Infrastructure Services Committee report of this date. Under the City's Master Storm Water Management Policy, Engineering is required to monitor streams to determine the effectiveness of the policy on improving water quality, aquatic habitat and stream stability. The intent of the SWM Report Card is to relay results of monitoring overall stream health; to communicate with the public and bring awareness to storm water management; and to identify potential storm water improvements. The monitoring program uses a set of four parameters, including chemical, biological, physical and overall storm water management practices to evaluate the effectiveness of the SWM plan. Each parameter is rated using a system of "excellent /good /fair /marginal /poor". Councillor Y. Fernandes asked if AECOM is hoping to work on the next 5 year report card. Mr. G. Murphy, Director of Engineering Services, advised that the 5 year report card is a culmination of yearly audits which AECOM was retained to bring together into the one document. The next 5 year report card is expected to be undertaken in 2014-2015. He added that AECOM has undertaken annual audits over the past 8 years having been the successful bidder through the City's competitive process. Councillor Fernandes inquired what role the Grand River Conservation Authority (GRCA) plays and Mr. Gregory advised that they sit on the Steering Committee and contributing data is also collected from the GRCA. Councillor Fernandes raised concerns related to erosion along the Strasburg Creek. Mr. Gregory responded that monitoring indicates that per unit length there is no major areas of erosion along the Creek. Councillor Fernandes raised concerns with citizens paying the cost of storm water management as affected by new development. Mr. Gregory responded that development charges apply to capital construction costs and typically includes a maintenance period of 2 years in which the developer is held responsible prior to the City assuming responsibility. Mr. G. Murphy added that once newly constructed SWM ponds are turned over to the City, the City is obligated to undertake appropriate maintenance and it is the intent of having established the SWM Utility to provide the funding for such maintenance. Councillor S. Davey inquired if readings fluctuate or remain fairly static. Mr. Gregory advised that substantial fluctuation occurs and data is beginning to show a negative trend which is described in more detail in a technical report that goes along with the Report Card. Councillor Gazzola inquired as to what the average property owner can do to control or give input into storm water management. Mr. Gregory advised that property owners do not have a lot of control in regard to stream health but can make individual choices that would have positive environmental impacts. Councillor Gazzola inquired if the Report Card indicates a pass or fail. Mr. Gregory stated that it is difficult to attach a single descriptor given the variables among the 4 categories but suggested a marginal or poor rating. Mr. Murphy added that past audits have demonstrated the trend is not getting better and expressed the opinion the SWM Utility will help push this issue in the right direction. Councillor Gazzola inquired how the data can be used to prioritize SWM initiatives and Mr. Murphy advised that a further report will be coming forward in April which will address this issue. Mr. Gregory responded to further questions, advising that Kitchener is doing more than any other municipality in the Province in addressing SWM. He stated that the City can improve its status through regular and legislated maintenance and by offering a credit that will provide incentive to reduce pollutants. Councillor Gazzola referred to the comment that Kitchener is doing more than any other city, raising concerns that the City has jumped in so quickly and hard on SWM fees and suggesting that they should be phased in, especially when the City is so far ahead of others. Councillor B. Vrbanovic referred to recent progress made through decisions to prioritize SWM and other capital programs to garner capital dollars under the Federal Stimulus Program; and suggested COUNCIL MINUTES MARCH 7, 2011 -49- CITY OF KITCHENER that a reversal can happen quickly if the City does not continue to deal with its infrastructure effectively. Moved by Councillor K. Galloway Seconded by Councillor S. Davey "That Clause 7 of the Community and Infrastructure Services Committee report of this date be amended by deleting the clause in its entirety and replacing it with the following: "That the Five-Year Stormwater Report Card 2010 and the 2010 Report Card Brochure, as attached to Infrastructure Services Department report INS-11-018, be received and endorsed. Carried. Mr. Dan Pronovost attended on behalf of area residents in regard to Clause 2 of the Planning and Strategic Services Committee report of this date, dealing with a rezoning application for 517 Glasgow Street. As recommended by the Committee, the rezoning provides for a minimum lot width of 19m to allow creation of up to five single detached lots on the subject property. Mr. Pronovost advised that the residents unanimously support the Committee's recommendation but wish to have one other condition considered that would stipulate duplexes and semis would not be permitted to ensure single family dwellings are constructed. Mr. Pronovost expressed the hope that the rezoning would be approved by Council and accepted by the developer; however, in the event this is not the case, the residents are prepared to defend their position at the Ontario Municipal Board. Councillor B. Vrbanovic requested clarification from s legally convert their single family dwelling to a duplex. a municipality has an Official Plan that allows the Kitchener, the practice is allowed throughout the City. is not practical the residents would understand and family dwellings would be built. taff concerning the right of any homeowner to Mr. J. Willmer advised that in the case where practice it would be non-appealable and in Mr. Provonost commented that if the condition rely on the developer's indication that single Councillor Vrbanovic referred to addendum report, CSD-11-037, circulated this date, asking that staff speak to a requested change in the rezoning approval so the delegation may respond. Mr. J. Willmer advised that staff is requesting that the minimum lot width to be applied be changed from 19m to 18.5m due to a road widening requirement that will reduce the area of the subject property. The proposed lot width provides more flexibility in lot configuration but does not allow a greater number of lots. Mr. Provonost advised that the change in minimum lot width to 18.5m is acceptable to the residents. Acting Mayor Z. Janecki advised that Mr. Dan McRae who had previously registered to speak to this matter had withdrawn. Mr. Bill Green, GSP Group, attended on behalf of the applicant to the rezoning, and advised that he had nothing further to add. Councillor J. Gazzola inquired if Mr. Green and his client were in agreement with the Committee's recommendation. Mr. Green advised that he was not in position at this time to endorse the recommended rezoning but was prepared to let the process go ahead. He added that his client is not eager to go to the OMB and may be accepting of the City's decision; however, he suggested that they will use the appeal period to determine if there are any other objections that may warrant proceeding in the direction of an OMB hearing. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington "That Zone Change Application ZC10/07/G/GS for the subject lands, for the purpose of changing the zoning of lands shown as Area 1 on Map No. 1 from Residential Two (R-2) to Residential Three (R-3) with Special Regulation Provision 567R and for the purpose of changing the zoning of lands shown as Area 2 on Map No. 1 from Residential Three (R-3) to Residential Three (R-3) with Special Regulation Provision 567R in the form shown in the COUNCIL MINUTES MARCH 7, 2011 -50- CITY OF KITCHENER "Proposed By-law" dated March 7, 2011 attached to Community Services Department report CSD-11-037, be approved." Carried unanimously on a recorded vote, by all members present. Mr. Wayne Meagher, Miller Thomson LLP attended on behalf of his clients, Stephen and Susan Perrin, concerning a decision of the Committee of Adjustment regarding Fence Variance Application, FN 2011-001 (29 Perkell Place); listed as Item B.3 i) on the Committee of the Whole agenda this date. Mr. Meagher advised that City staff had recommended approval of the application and no other commenting agencies had any objections. He also noted that the fence sits outside the daylight visibility triangle and at the front end sits 21 feet back from the sidewalk. Mr. Meagher advised that the fence was constructed to alleviate concerns of privacy. He pointed out that the neighbouring driveway slopes upward and prior to erection of the fence when vehicles entered the driveway the lights shone directly into the front window of the Perrin's home. Mr. Meagher advised that there was some confusion at the Committee meeting regarding measurement of the fence, with the 3 panels stated as 3, 4 and 5 ft in height. He advised that the correct measurements are 54" closest to the road and the fence tiers upward to the last post at 71.5", the difference of which he suggested is insignificant. He stated that his client was not familiar with the process and had felt compelled to agree to removal of the lattice, which was recommended based on the neighbours submission that it sets precedent as there were no other similar fences in the area. Mr. Meagher referred to photographic examples provided by his client that demonstrate there are numerous fences similarly constructed existing in the area. Mr. Meagher asked that the fence be approved as it is currently constructed. Councillor S. Davey suggested that the lattice should be stipulated as it may create a problem in respect to the overall measurements approved. Councillor Y. Fernandes inquired if the applicant had discussed construction of the fence with the neighbouring property owner. Ms. S. Perrin responded that in their excitement of making landscaping improvements she and her husband had spontaneously decided to construct the fence and had not spoken with the neighbour who was out of town at the time. Councillor Fernandes inquired if the Perrins had contacted the City to determine what the by-law regulations were and Ms. Perrin advised they had not as they were unaware that there was a by-law. Ms. Perrin also spoke to the issue of privacy, advising that the way in which the house is constructed puts their front window in direct line of the neighbours driveway and suggested construction of the fence works out for the betterment of both parties in regard to privacy. She added that in lieu of a fence they could plant a hedge row which can grow to 54" and higher but they are asking only for approval of the fence height at 54". Messrs. Mark Horton and Brad Tupman, attended in opposition to the decision of the Committee of Adjustment concerning the fence at 29 Perkell Place. Mr. Horton advised that Mr. Tupman owns the property adjacent to the Perrins and was not consulted although he is the most directly affected by construction of the fence and they feel the issue of safety is being discounted. Mr. Horton raised concerns that the fence was constructed without regard to by-law regulations and suggested the fence is not aesthetically pleasing, noting that area residents have signed a petition against the variance. In respect to privacy, Mr. Horton stated it is arguable that it is an issue as window coverings can be used but the window is left uncovered. He added that no fence variance for a high fence in the front yard of an interior house lot has been applied for in the past 10 years, raising concerns of a precedent being set. Mr. Horton referred to comments made in a staff report which suggest staff is conscious of the negative aesthetics of fences near a property street line and asked that the by-law regulations be upheld in this instance. In response to questions, Mr. Tupman advised that safety is an issue as his driveway is deeply sloped and in winter, icy conditions create a potential hazard in his ability to foresee pedestrians and / or oncoming traffic. Mr. Tupman advised that at the Committee of Adjustment he had been amenable to the height restrictions to be imposed plus removal of the decorative lattice as a last resort but maintained safety must come first. On motion by Councillor D. Glenn-Graham, seconded by Councillor B. loannidis, the decision of the Committee of Adjustment concerning the fence variance application for 29 Perkell Place was brought forward for consideration. Councillor J. Gazzola questioned if the motion should be clarified to reflect the corrected measurements provided by Mr. Meagher. Mr. Meagher reiterated that there had been some COUNCIL MINUTES MARCH 7, 2011 -51 - CITY OF KITCHENER confusion as to the actual height of the lattice and the measurements provided today reflect the actual fence height, and his clients are asking that the fence be approved as it is constructed now. Councillor S. Davey suggested the motion should be changed to reflect the actual height minus removal of the lattice because a mistake of a couple of inches could create difficulties for the applicant later on. He asked if the motion could simply state that the lattice be removed from all 3 portions of the fence affected. Councillor B. Vrbanovic suggested that the motion should refer to actual measurements as there is no other way to define what has actually been approved and the applicant may in fact, choose to cut the fence down to a height that would allow them to retain the lattice within the overall approved height. Mr. J. Willmer agreed that decisions for minor variances have consistently applied actual measurements for the reasons stated by Councillor Vrbanovic and also for purposes of By-law Enforcement staff so it is clear what was intended. It was noted that the corrected measurements provide a range of 54" at the front panel up to 71.5" for the third panel, but actual measurement of the middle section is not defined. Following further discussion, Mr. Willmer suggested that as this is not time sensitive the matter be deferred to allow time to have the measurements of all three panels clarified. Councillor S. Davey asked that actual measurements be provided less the height of the lattice. Moved by Councillor S. Davey Seconded by Councillor K. Galloway "That the decision of the Committee of Adjustment concerning Fence Variance Application, Submission No. FN 2011-001 (29 Perkell Place) be deferred to the March 28, 2011 Council meeting, pending additional clarification of the fence heights, minus the height of the lattice, for the 3 panels subject to the variance". Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated for consideration this date Finance and Corporate Services Department report, FCS-11-031, concerning the award of Proposal P11-004 for a Food Service Provider at Rockway and Doon Valley Golf Courses. Councillor P. Singh declared a pecuniary interest and abstained from all discussion and voting concerning Tender T10-133 (Andrew /Braun / Linwood Road Reconstruction), listed as Item B.3 i) on the Committee of the Whole agenda, as he has interests in properties within the subject area. Councillor Gazzola raised concerns of over-providing by approximately $2M as it relates to surpluses in 4 of the tenders, which he suggested was unknown on Budget Day. Mr. D. Chapman advised that during budget considerations, staff had indicated some projects had been cancelled due to insignificant budget funds and the projections for Council's consideration did include, and take into account, a savings of $2.2M. Councillor Y. Fernandes questioned if all 3 road reconstruction projects (Giffen & Liberty /Hall's Lane / Spading Road East) need to proceed at this time, suggesting that only 2 be done now to achieve savings. Mr. D. Chapman advised that the capital program was approved by Council, which assumes projects scheduled for 2011 will proceed. He noted that these projects are all under budget due to early tendering and suggested that if put off until later they will cost more. Ms. C. Ladd added that municipalities are generally attempting to catch up with replacement of infrastructure that they have fallen behind on. She stated that all projects are reviewed through an asset management approach and those scheduled are at the end of their life expectancy. She agreed that a delay will create more significant problems going forward and put the City further behind in achieving its per km goals under the City's Accelerated Infrastructure Improvement Program. Mr. G. Murphy added that it is intended to provide Council with a detailed scope of 2011 capital projects in April. Concerns were raised regarding the tender for Golf Professional Services and staff provided background information related to the bids submitted and what is entailed in the services to be provided by a golf pro. Ms. K. Kugler, Manager, The AUD and Arenas, advised that a full review of golf courses is being undertaken with a report to come forward for Council's consideration in 2011 at which time numerous options, including future services of a golf pro, can be explored. COUNCIL MINUTES MARCH 7, 2011 -52- CITY OF KITCHENER Councillor P. Singh referred to the tender for consultant services for the Otto Street project, noting that all companies bidding are well known, experienced consultants in the field. He noted that the bid by the company recommended is approximately $80,000 over budget estimates and questioned if any of the other bids had come in under budget. Ms. S. Allen advised that the consultant recommended was selected based on criteria related to qualifications and experience, as well as pricing and while not the lowest bid, was determined to be the most appropriate selection in terms of meeting overall criteria. He added that consultants are generally hired for projects that require specialized expertise and/or when there are insufficient resources in-house to complete the project. Councillor Gazzola inquired if the tender award for the Otto Street project could be deferred to the March 21 special Council meeting so staff may provide more information on the questions raised. Mr. Allen advised that staff still have to come back to Council with the Environmental Assessment (EA) component which they hope to do before the summer break and therefore, cannot afford the delay given the tight timeline. Councillor B. Vrbanovic questioned the impact of not hiring a consultant and Mr. Allen advised that if staff must undertake the project the City will not meet the project timelines for completion. Councillor Davey expressed the opinion that the City is moving too quickly with capital projects in terms of what citizens can afford and in the interest of saving taxpayer dollars he would not support proceeding to hire a consultant. Councillor B. Vrbanovic raised concerns with not going ahead, given the scope of inter-related work and the impact to each in not proceeding; particularly, in regard to meeting contractual requirements under the agreement with the Province and the Region of Waterloo in construction of the new Courthouse. He suggested that new members of Council be invited to sit through a future selection process so they can gain understanding as to how recommendations are derived. Mr. R. Regier, Executive Director of Economic Development, further explained that in regard to the parking component, the City is in a three-way partnership with the Province and the Region, noting that the agreement specifies time requirements related to opening of the new Courthouse in 2012 which includes a date for assumption of the parking garage. He added that the Province has provided acash-in-lieu payment for 200 parking spaces under condition they will be available when the new Courthouse is completed. Mr. J. Willmer, Deputy CAO, Community Services Department, added that the Province chose to locate the new Courthouse in Kitchener based on the reputation of the City as a co-operative, progressive partner, and future funding partnerships would be jeopardized if the City now chose not to go ahead with the road access from Otto Street. In regard to the tender for a Food Service Provider for the Golf Courses, it was agreed that staff would report back to Council prior to proceeding with an option to renew the contract to advise as to the success of the first year contracting out of this service. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That Tender T10-133, Andrew /Braun / Linwood Road Reconstruction be awarded to Terracon Underground Ltd., Brantford, Ontario at their tendered price of $1,636,789.76, including provisional items and contingencies of $236,125. plus H.S.T. of $212,782.67; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor. " Carried. Recorded Pecuniary Interest and Abstention: Councillor P. Singh as he has interests in properties located in the subject area. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That Expression of Interest E10-078, Consultant Services -Otto Street (Frederick Street to Queen Street), be awarded to IBI Group, Waterloo, Ontario at their estimated fee of $210,918.40,including contingency items of $19,174.40 plus H.S.T. of $ 27,419.39, for a total COUNCIL MINUTES MARCH 7, 2011 -53- CITY OF KITCHENER of $238,337.79, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor. " A recorded vote was requested. In Favour: Councillors P. Singh, F. Etherington, B. Vrbanovic, K. Galloway, B. loannidis and D. Glenn-Graham. Contra: Councillors Y. Fernandes, Z. Janecki, J. Gazzola and S. Davey. Absent: Mayor C. Zehr Motion Carried. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That Tender T11-010, Road Reconstruction -Griffin Avenue & Liberty Avenue, be awarded to Verly Construction Group Inc., Mississauga, Ontario at their tendered price of $759,228.95, including provisional items and contingencies of $89,905.25., plus H.S.T. of $98,699.76., for a total of $857,928.71; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Dave Roy, Orangeville, Ontario, be contracted for the provision of services of Golf Professional at a negotiated cost of $151,000., plus H.S.T. of $19,630., for a total of $170,630., for one (1) year, with an option to renew for three (3) additional one-year terms; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T11-003, Road Reconstruction -Halls Lane (Gaukel Street to Benton Street) be awarded to Sierra Construction (Woodstock) Limited at their tendered price of $4,217,950.30 including provisional items and contingencies of $548.081.25, plus H.S.T. of $548,333.54, for a total of $4,766,283.84.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T10-131, Road Reconstruction - Spading Road East (Highland Road East to Mill Street), be awarded to Verly Construction Group Inc., Mississauga, Ontario at their corrected tendered price of $2,145,117.19, including provisional items and contingencies of $324,799.50, plus H.S.T. of $278,865.23, for a total of $2,423,982.42; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E10-071, Consultant Services - Kolb Creek - Class Environmental Assessment and Preliminary Design, be awarded to Aquafor Beech Ltd., Guelph, Ontario at their estimated fee of $109,139.75, including contingency items of COUNCIL MINUTES MARCH 7, 2011 -54- CITY OF KITCHENER $9,921.80, plus H.S.T. of $14,188.16, for a total of $123,327.91, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Proposal P11-004 Food Service Provider: Rockway and Doon Valley Golf Courses, be awarded to Compass Group Canada Ltd., Mississauga, Ontario, at their proposed revenue amount to the City of 15% of gross sales for one (1) year, with an option to renew for two (2) additional one year terms and further that the Mayor and City Clerk be authorized to execute a contract satisfactory to the City Solicitor." Carried. Council then considered Infrastructure Services report INS-11-027 (N. Gollan / M. Ryan), dated February 18, 2011 requesting waiving of the consultant selection process in favour of awarding the 2011 Annual Storm Water Management Audit to AECOM. Councillor Y. Fernandes questioned the feasibility of existing staff undertaking preparation of the Priority List based on evaluation criteria and preparation of the annual Storm Water Management (SWM) Audit Report, for a savings of approximately $20,000. Mr. G. Murphy advised that staff anticipate opportunity to do the annual audit in-house in future years but not at this time because of the time already committed by staff in preparation and implementation of the billing system for SWM. Mr. Murphy also provided explanation of staffing recently hired in Engineering, with the first to oversee the SWM billing system to ensure its success, and the second to focus on commencement of the Victoria Park Lake remediation. Councillor Davey questioned the feasibility of doing audits on a less frequent basis than annually. Mr. Murphy advised that the audits are tied to the SWM program and are governed by policy which requires an annual audit to be completed. Councillor J. Gazzola agreed with the suggestion that audits could be done less frequently and also questioned the need to waive the normal selection process. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That the selection procedures for the selection of Consulting and Professional Services as outlined in Chapter 170, Article 6, of the Purchasing Bylaw be waived and the 2011 Annual Stormwater Management Audit be awarded to AECOM at their quoted price of $88,400 (HST excl. )." A recorded vote was requested. In Favour: Councillors F. Etherington, B. Vrbanovic, K. Galloway and B. loannidis. Contra: Councillors Y. Fernandes, Z. Janecki, J. Gazzola, S. Davey, P. Singh and D. Glenn-Graham. Absent: Mayor C. Zehr Motion Lost. Councillor K. Galloway inquired what steps would be taken now in regard to the annual SWM audit. Mr. Murphy advised that staff will evaluate the situation but stated that the City is now at risk of not being able to obtain accurate, scientific data to allow full completion of an audit. Councillor Davey suggested that the policy be reviewed in respect to increasing the time between audits to every 2 years. Mr. Murphy suggested that the work at hand should be disconnected from a change in policy as to come back with over-arching changes would not be an easy task given the length of time it has already taken to get to this stage and the current work plan does not include revisiting the SWM COUNCIL MINUTES MARCH 7, 2011 -55- CITY OF KITCHENER program in 2011. He suggested that staff proceed with the normal consultant selection process and come back with quotations; with any review of policy to be considered at a later date. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That the report of the Community & Infrastructure Services Committee be adopted." Voted on Clause by Clause Clause 7 -Dealt with under Delegations and Carried, as Amended. Balance of report -Carried Moved by Councillor J. Gazzola Seconded by Councillor S. Davey "That the report of the Finance and Corporate Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington "That the report of the Planning & Strategic Initiatives Committee be adopted." Voted on Clause by Clause Clause 1 -Carried Recorded Pecuniary Interest and Abstention: Councillor B. loannidis as his family owns property on King Street within the Downtown area. Clause 2 -Dealt with under Delegations and Carried, as Amended. Balance of report -Carried Council agreed to the request of Mr. R. Gosse, City Clerk, to add four additional by-laws for three readings this date, being three zoning amending by-laws relative to Clauses 2, 3 and 5 of the Planning & Strategic Initiatives Committee report; and a part lot control by-law relative to Zeller Crescent. Moved by Councillor K. Galloway Seconded by Councillor S. Davey "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (c) To confirm all actions and proceedings of the Council. (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Cornwell Finnigan Ltd. - 517 Glasgow Street. COUNCIL MINUTES MARCH 7, 2011 -56- CITY OF KITCHENER (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 2184647 Ontario Limited and Breithaupt Block Inc. -Moore Avenue. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Hallman Construction Limited -Old Huron Road. (g) Being a by-law to exempt certain lands from Part Lot Control -Block 5, Registered Plan 58M-367 -Zeller Crescent. 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 Acting Mayor Z. Janecki appointed Councillor Y. Fernandes as Chair. On motion, the Council rose from the Committee of the Whole and Acting Mayor Z. Janecki occupied the Chair. Moved by Councillor D. Glenn-Graham Seconded by Councillor J. Gazzola "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 K. Galloway Seconded by Councillor S. Davey "That the by-laws be given third reading, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2011-034) (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2011-035) (c) To confirm all actions and proceedings of the Council. (By-law No. 2011-036) (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Cornwell Finnigan Ltd. - 517 Glasgow Street. (By-law No. 2011-037) (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 2184647 Ontario Limited and Breithaupt Block Inc. -Moore Avenue. (By-law No. 2011-038) (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Hallman Construction Limited -Old Huron Road. (By-law No. 2011-039) COUNCIL MINUTES MARCH 7, 2011 - 57 - CITY OF KITCHENER (g) Being a by-law to exempt certain lands from Part Lot Control -Block 5, Registered Plan 58M-367 -Zeller Crescent. (By-law No. 2011-040) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:45 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 7, 2011 - 58 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That Demolition Control Application DC10/15/D/ATP requesting permission to demolish one (1) single detached dwelling located at 806 Doon Village Road, owned by 2247846 Ontario Ltd., legally described as PT LT 2 BIEHN'S TRACT KITCHENER, be approved without conditions. 2. That Demolition Control Application DC10/16/M/ATP requesting permission to demolish one (1) single detached dwelling located at 298 Maple Avenue, owned by Golden Windows Ltd, be approved without conditions. 3. That Demolition Control Application DC10/17/W/ATP requesting permission to demolish one (1) single detached dwelling located at 120 Woolwich St, owned by Penny Conrad, be approved without conditions. 4. That the Uniform Traffic By-law be amended to prohibit parking at anytime on the east/north side of Barwood Crescent from a point 45 metres south of Strasburg Road (west intersection) to a point 63 metres south/east thereof and on the north/west side of Barwood Crescent from a point 49 metres south of Strasburg Road (east intersection) to a point 54 metres south/west thereof. 5. That the Uniform Traffic By-law be amended to permit parking for three (3) consecutive hours on the east side of Betzner Avenue North from King Street East to Duke Street East. 6. That consideration of Community Services Department report CSD-11-031 -Cedar Hill Land Use & Social Environment Study -Project Update, be deferred to the Community & Infrastructure Services Committee meeting of March 21, 2011. 7. That the Five-Year Stormwater Report Card 2010 and the 2010 Report Card Brochure, as attached to Infrastructure Services Department report INS-11-018, be received and endorsed. (Dealt with under Delegations and Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute any amendments that may be required to the Infrastructure Stimulus Agreements and Recreational Infrastructure Canada Agreements to address any extensions that may be given under the respective programs, said amendments to be to the satisfaction of the City Solicitor. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That Council Policy I-1205 "Outdoor Patios -Encroachment Agreement" as amended, be repealed and replaced with the Outdoor Patio Encroachments Policy attached to Chief Administrator's Office report CAO-11-002; and, That the Manager of Downtown and Community Development, or delegate, be authorized to approve applications for outdoor patio encroachment agreements in accordance with Council Policy I-1205; and further, That the Mayor and Clerk be authorized to execute outdoor patio encroachment agreements and amendments thereto provided such are in accordance with Council Policy I-1205 and satisfactory to the City Solicitor. 2. That Zone Change Application ZC10/07/G/GS for the subject lands, for the purpose of changing the zoning of lands shown as Area 1 on Map No. 1 from Residential Two (R-2) to Residential Three (R-3) with Special Regulation Provision 567R and for the purpose of changing the zoning of lands shown as Area 2 on Map No. 1 from Residential Three (R-3) to Residential Three (R-3) with Special Regulation Provision 567R in the form shown in the COUNCIL MINUTES MARCH 7, 2011 -59- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE - (CONT'D) 2. (Cont'd) "Proposed By-law" dated March 7, 2011 attached to Community Services Department report CSD-11-037, be approved. (Dealt with under Delegations and Carried, as Amended) 3. That Zone Change Application ZC10/10/M/GS for the subject lands (Moore Avenue), for the purpose of changing the zoning from Residential Five (R-5) to Residential Five (R-5) with a Special Use Provision 411 U to add "Commercial Parking Facility" as a permitted use 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 January 26, 2011, attached as Appendix `A' to Community Services Department report CSD-11-028 . 4. That the Community Master Plan for the Southwest Urban Area, prepared by The Planning Partnership and supporting consultants, attached to Community Services Department report CSD-11-035 be received for review, discussion and public input, and returned with any necessary revisions and supporting recommendations for approval at the March 21, 2011 meeting of the Planning and Strategic Initiatives Committee; and, That staff endeavour to further consult area stakeholders prior to the March 21, 2011 Planning and Strategic Initiatives Committee meeting; and, That staff be directed to prepare Official Plan policies, land use designations and a Secondary Plan for the entire Southwest Urban Area based on the direction of the Community Master Plan and including the following: That additional work to further refine technical requirements (such as stormwater management/groundwater facilities and the transportation network analysis) be completed as part of the Secondary Plan process and subsequent development applications where appropriate; and, That the Secondary Plan and new Official Plan policies identify the lands on either side of Fischer Hallman Road generally between Bleams Road and Huron Road as a Mixed Use Corridor with a Mixed Use Node near Fischer Hallman Road/Huron Road; and, That the significant cultural heritage resources identified in the Community Master Plan for the Southwest Urban Area, Cultural Heritage Background Study: Built Heritage and Cultural Landscapes report prepared by Nancy Z. Tausky be referred to Heritage Kitchener for their consideration of Steps 3 and 4 of the Municipal Heritage Register review process for potential listing as non-designated properties of cultural heritage value or interest; and, That a Class Environmental Assessment be undertaken for a proposed north-south collector street (for the portion of the proposed road outside of any plan of subdivision) that would connect the Southwest Urban Area and that the timing be referred to next year's Capital Budget process and the next Development Charges Background Study and By-law; and further, That the Secondary Plan process for the entire Southwest Urban Area include public and stakeholder involvement and provide recommendations for the June 20, 2011 meeting of the Planning and Strategic Initiatives Committee. 5. That Zone Change Application ZC10/11/O/ATP (Old Huron Road, Hallman Construction Ltd.), for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Six Zone (R- 6), on lands located on Old Huron Road as shown on the Proposed Zoning Map (Map No. 1), in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated January 26, 2011, attached to Community Services Department report CSD-11-020. COUNCIL MINUTES MARCH 7, 2011 - 60 - 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. Various Tenders Dealt with under Delegations. 2. FCS-11-030 - Dog Designation Appeal Committee - Saulesleia Council considered Finance and Corporate Services Department report FCS-11-030 (C. Goodeve), dated February 2, 2011. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Wendy Saulesleja, wherein the Committee modifies the Dangerous Dog Designation assigned to her dog `Alfred, a.k.a. Alfie' by the Kitchener-Waterloo and North Waterloo Humane Society and assigns conditions for the keeping of said dog, be ratified and confirmed." 3. FCS-11-038 -Committee of Adjustment Decisions -Various Council considered Finance and Corporate Services Department report FCS-11-038 (D. Gilchrist), dated February 18, 2011. Item B.3 i) regarding Fence Variance Application, Submission No. FN 2011-001 (29 Perkell Place) was dealt with under Delegations. It was resolved: "That the application of Suncor Energy (SG 2011-001 - 4592 King Street East) requesting permission to locate a fascia sign on the building such that the bottom of the sign will be 3.15m (10.33') above grade rather than the required 4.26m (14'), on Part Lots 23 & 24, Beasley's Broken Front Concession, 4592 King Street East, Kitchener, Ontario, BE APPROVED." - and - "That the application of Waterloo Catholic District School Board (SG 2011-003 - 455 University Avenue) requesting permission to erect an automatic changing copy sign 34m (111.54') from a residential zone rather than the required 150m (492.12'), on Lot 34, German Company Tract, being Part 2, Reference Plan 58R-5557, 455 University Avenue West, Kitchener, Ontario, BE APPROVED. 1. That the owner shall obtain a sign permit for the sign approved in this application from the City's Planning Division." - and - "That the application of Ira Needles Developments Limited (SG 2011-004 - 235 Ira Needles Boulevard) requesting permission to erect a ground supported sign with the copy "No Exit" that does not contain the address of the property; whereas ground supported signs must contain the address of the property on which they are located, on Part Lot 38, German Company Tract, 235 Ira Needles Boulevard, Kitchener, Ontario, BE APPROVED. COUNCIL MINUTES MARCH 7, 2011 -61- CITY OF KITCHENER COMMITTEE OF THE WHOLE B ADMINISTRATIVE REPORTS - (CONT'D) 3. FCS-11-038 -Committee of Adjustment Decisions -Various (Cont'd) 1. That the owner shall obtain a sign permit for this sign from the City's Planning Division." 4. Tag Day Request -Navy League of Canada Council considered correspondence from Ms. Victoria Free, Tag Day Coordinator, Navy League of Canada, K-W Branch, requesting permission to conduct Tag Days on May 7 & 8, 2011. It was resolved: "That the request of the Royal Canadian Sea Cadets Corp Warspite to conduct Tag Days on May 7 & 8, 2011, at various malls, grocery stores and restaurant entrances, as outlined in correspondence from V. Free, be approved." 5. FCS-11-049 -Delegation of Execution of Releases - Awards of Damages, etc. Council considered Finance and Corporate Services Department report FCS-11-049 (L. MacDonald), dated March 3, 2011. Councillor J. Gazzola requested clarification as to who executes the releases now and why a change is proposed. Ms. L. MacDonald, City Solicitor, advised that the releases relate to instances in which the City is involved in matters that result in monies paid to the City for a loss, such as damage to City property. Such matters are routinely reviewed by City staff and for expediency in receiving the funds, staff is asking that signing authority be given to the CAO and Deputy CAOs. Councillor Z. Janecki inquired what the process is for amounts beyond the proposed $100,000. level. Ms. L. MacDonald advised that in this instance a report would come to Council for consideration and approval. Councillor J. Gazzola suggested that this matter be deferred pending additional information from staff as to the quantity and types of releases involved. It was resolved: "That the recommendation contained in Finance & Corporate Services Department report FCS-11-049, requesting authorization for the Chief Administrative Officer and Deputy Chief Administrative Officers to execute any Releases pertaining to award of damages, satisfaction of claims, lawsuits, recovery of insurance proceeds and costs, under $100,000 or less, be referred to the March 28, 2011 Council meeting pending additional information from staff regarding the quantity and type of Releases to be executed." 6. CAO-11-003 - FCM International Partnership -Municipal Council of Morogoro, Tanzania Council considered Chief Administrator's Office report CAO-11-003 (C. Ladd), dated March 2, 2011. Councillor J. Gazzola advised that he would not support the recommendation based on comments of staff that suggest there is insufficient staff resources to keep up with the work of the Corporation and because of a need to tighten finances. Councillor P. Singh inquired how many staff would be involved. Ms. C. Ladd advised that involvement varies depending on the approved protocol but generally, 3 staff participate over a period of 1 week to 10 days. The number of missions also is COUNCIL MINUTES MARCH 7, 2011 -62- CITY OF KITCHENER COMMITTEE OF THE WHOLE B ADMINISTRATIVE REPORTS - (CONT'D) 6. CAO-11-003 -FCM International Partnership -Municipal Council of Morogoro, Tanzania (Cont'd) dependent on the terms of the Protocol but has in the past consisted of at least one trip by City staff to the partner City and one trip from the partner City to Kitchener. Ms. Ladd pointed out that the Protocol for this partnership has not yet been finalized, noting that the Program is guided by FCM who will negotiate the agreement between the two cities. She added that there is no cost to the City other than staff's time to participate. Councillor Z. Janecki inquired if members of Council would also participate. Ms. Ladd advised that there has been some Council participation in the past and is dependent on the terms of the Protocol. Councillor F. Etherington inquired if staff participates on City time and Ms. Ladd concurred, advising that staff's time is the City's contribution to the program. In response to further questions, Ms. Ladd advised that this is a unique opportunity to work in tandem with another Canadian city, being the Capital Regional District of British Columbia, to assist Tanzanian municipalities in a collaborative program focused on developing an economic development strategy for the City of Morogoro and its rural communities. She added that the Protocol will come forward to Council for information in May -June of this year and the program will be managed by staff. Councillor B. Vrbanovic provided additional background information concerning the Municipal Partnership Program, which is funded by FCM and CEDA, together with in-kind support of professionals from within Canadian municipalities across the country. Councillor Y. Fernandes questioned how expenses and / or cost over-runs are dealt with. Ms. Ladd advised that the Program is completely funded by FCM, with expenses submitted to FCM and any cost over-runs related to the Program covered by FCM. Councillor Fernandes questioned how this program assists Kitchener. Ms. Ladd stated that participation in the program is alife-changing experience for those who participate and who bring back a different perspective and knowledge which is applied to Kitchener, particularly in the area of community building. It was also noted that generally a wide range of staff have participated; however, program changes have been made resulting in a more focused approach. She stated that this partnership will likely be a smaller cluster of staff having expertise in matters of economic development. Councillor S. Davey spoke in support of the Program, commenting that there are not many opportunities to help on the world stage, and this program is more about giving than receiving. The following motion was voted on by a recorded vote and Carried, with Councillors D. Glenn-Graham, B. loannidis, K. Galloway, S. Davey, F. Etherington, B. Vrbanovic and P. Singh voting in favour; and Councillors J. Gazzola, Y. Fernandes and Z. Janecki voting in opposition. It was resolved: "That the development of a formal partnership between the City of Kitchener and Morogoro, Tanzania as part of the FCM MPED (Municipal Partners for Economic Development) program to commence in April, 2011 and continue until 2015, be approved; and further, That the details of the FCM MPED partnership with Morogoro, Tanzania shall be outlined in a formal Protocol Agreement to be submitted to Council."