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HomeMy WebLinkAboutCouncil - 2011-05-26 SSPECIAL COUNCIL MINUTES MAY 26, 2011 CITY OF KITCHENER A special meeting of City Council was held at 4:04 p.m. this date, chaired by Mayor C. Zehr with all members present except Councillors J. Gazzola, B. Vrbanovic and K. Galloway. Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Moved by Councillor B. Vrbanovic Seconded by Councillor D. Glenn-Graham "That an in-camera meeting of City Council be held immediately following this special meeting to consider a land acquisition / disposition matter.” Carried. The meeting then recessed at 4:05 p.m. and re-convened at 6:05 p.m., chaired by Mayor C. Zehr with all members present. Council considered Chief Administrator’s Office report CAO-11-009 regarding the Regional Rapid Transit project and its impact on the City of Kitchener. It is noted that Kitchener citizens and business were invited to this special meeting to provide comments and input with respect to this project. Councillor K. Galloway declared a pecuniary interest and abstained from all discussion and voting concerning this matter as a family member is an elected official on Regional Council and has declared a pecuniary interest in this matter. Councillor F. Etherington declared a pecuniary interest and abstained from all discussion and voting concerning this matter as he owns property within 600 to 800 m of a proposed LRT station. Councillor P. Singh declared a pecuniary interest and abstained from all discussion and voting concerning this matter as his family has interest in properties within 600 to 800 m of a proposed LRT station. Councillor D. Glenn-Graham declared a pecuniary interest and abstained from all discussion and voting concerning this matter as he owns property within 600 to 800 m of a proposed LRT station. Councillor B. Ioannidis declared a pecuniary interest and abstained from all discussion and voting concerning this matter as his family has interest in properties within 600 to 800 m of a proposed LRT station. Councillor B. Vrbanovic advised that at the May 9, 2011 Council meeting he gave notice that he will introduce a motion at the June 13, 2011 meeting requesting that the Province amend the Conflict of Interest Act. Mayor C. Zehr advised that the purpose of this meeting is to hear from Kitchener residents and businesses concerning their opinions on the Region’s proposed Light Rail Transit (LRT). He also stated that those in attendance should not presume that the comments they make tonight will be forwarded to the Region. Mr. M. Murray, CAO, Regional Municipality of Waterloo, was in attendance to provide a background and need for the LRT. He advised that the Province has decided that transit is a priority for investment in such documents as the Growth Plan for the Greater Toronto Area (GTA) and the Greater Golden Horseshoe Area. These plans have also established that suburban growth is not sustainable into the future. Mr. Murray then commented on the new Regional Official Plan which established the countryside line and the encouragement for growth inside the line; noting that very sensitive environmental features such as the Waterloo Moraine exist outside the countryside line. Mr. Murray stated that the efficient and effective movement of people is a top priority at this time and into the future. Currently the road system is at capacity. With the expected population increase of 200,000, the Region would require an additional 500 km. of roads if the LRT does not proceed therefore, regardless of the solution chosen, this community faces huge transportation challenges and costs. SPECIAL COUNCIL MINUTES MAY 26, 2011 - 140-CITY OF KITCHENER In the last 10 years transit usage has grown to a greater degree than improvements to the system. In June 2009, Regional Council endorsed its preferred rapid transit system. Grants from the senior levels of government have been forthcoming: $265M from the Federal government and $300M from the Provincial government. The Federal government grant will expire in 2017 and the expiry of the Provincial grant is not as clear. Mr. Murray also advised that the average household will face a tax rate increase of 1.5% per year for th 7 years, which means that the tax rate increase will be 10.5% by the end of the 7 year. Respecting annual operating and maintenance costs, Mr. Murray advised that the effect of those costs on the tax rate will reduce over time as ridership increases. Respecting public input into this project, Mr. Murray advised that over the last 6 – 7 Years, there has been over 100 opportunities for public input and thousands of people have provided input. It has become obvious that the public input received through February and March this year has been largely in favour of some form of rapid transit (70 – 80%) and 60% of those responses have been in favour of LRT. In response to questions from Councillor B. Vrbanovic, Mr. Murray advised that if the Region does not proceed with the LRT and chooses road expansion instead, the cost will be $500M and there will be no senior government grants available. Further, the tax rate impact will be the same as for LRT. Mr. Murray then advised that environmental considerations have been very important throughout the entire process and LRT will be much more environmentally friendly than Bus Rapid Transit. With respect to costs for an LRT system, Mr. Murray advised that staff have tried to be very realistic about the costs and have included a realistic inflation amount. There are also significant contingency funds. If the costs start exceeding the budget, staff will question the scale of the project or take a value engineering approach. Mr. R. Regier then presented Chief Administrative Officer’s report CAO-11-009 (Regional Rapid Transit Project – City Impacts), dated May 11, 2011, included in the agenda package for this meeting. This presentation provided an assessment of the LRT project against the City’s policies and strategies, capital budget and operations such as fire and community services. He advised that the LRT is supportive of the City’s land use policy framework and in terms of the City’s economic development strategy; the LRT is very supportive of the technology industry. It will create a magnetic city that will compete with cities around the world. Mr. Regier further advised that the Region of Waterloo has one of the top post-recession recoveries in North America with more people working on a per capita basis than anywhere else. The difference is the technology industry which is driving growth within the Region; however, that industry is asking for infrastructure to ensure continued growth. There are implications for the capital budget with respect to relocation or replacement for underground services; however, the City must realign its budget to come in line with the LRT. He concluded by stating that the preferred LRT opinion is supportive of the city’s strategy and policy. In response to questions, Mr. Murphy advised that a matrix has been produced for replacement infrastructure and the additional cost will be $10M - $25M. With respect to building the kind of community that will attract talent to this city, Mr. Regier advised that the technology industry believes the LRT and GO transit service to the Greater Toronto area is a value that is deeply imbedded. In response to questions from Councillor J. Gazzola, Mr. Regier advised that the labour force is very competitive at recruiting young people with families. Some of the fastest growing companies are looking for young graduates who can work anywhere in the world. Growing an economy that can compete is important in terms of attracting the people who will work for the technology industry. Young people are passionate urbanists and very committed to building community; they will be the income makers of the future. Mr. Murphy responded to questions about cost sharing for infrastructure replacement and relocation, advising that there is cost sharing with telecommunications companies. He stated that, at this time, a very high level analysis is taking place and Regional staff has met with City staff to see where relocations are required. Mr. H. Drewitz addressed Council on the fact that he would like to see decisions on rapid transit postponed. He also commented that when canvassing during last fall’s municipal election, candidates should have directed members of the public to Regional candidates, as the City has no SPECIAL COUNCIL MINUTES MAY 26, 2011 - 141-CITY OF KITCHENER decision-making authority respecting public transit. He suggested that Councilors should have tried to influence the Mayor’s decision on LRT at Regional Council. Several members of Council responded to Mr. Drewitz remarks, including Councillor J. Gazzola who offered the opinion that this Council could pass a motion to make a statement; to which Mayor C. Zehr responded that he would take such a motion to Regional Council. Messrs. D. Pellerin and D. Satnik spoke in opposition to LRT, proposing instead an aero rail system, advising that it costs less than rapid bus transit and does more than light rail. Mr. Satnik stated that he strongly disagrees with Regional staff on everything they have done over the last few years. Mr. T. Mollison, of the Tri Cities Transport Action Group was in attendance in support of transit and active transportation; stating that LRT is a good deal for the City of Kitchener. He noted that there has been a 12% increase in support for LRT with the highest level of objection coming from retired people. He requested that Council support Regional Council’s decision on this initiative. Mr. M. Stehlik was in attendance in support of the LRT and advising he is troubled with the many views expressed that it is too expensive. He then offered a comparison to a light rail transit system he experienced in the Czech Republic. Mr. J. Baker, Desire 2 Learn, was in attendance in support of the LRT. He stated that Kitchener has changed dramatically and it needs to support the employee base. He advised he has been using the IXpress for the last 6 months and believes that the investment in an LRT platform is right for Kitchener and the Region at this time. It is the only way to support expansion of the businesses in this region. He also stated that GO Transit is required. He advised that 10 – 15% of his staff come from Toronto; however, with the right kind of environment, those people would move here. Mr. B. Becker addressed Council stating that there is pressure over the immediate cost of the light rail system; however, comparing the cost shows that it is not that expensive. He also stated that the Conflict of Interest legislation leaves no one to represent him and such a complex decision needs all members of Council to represent the public. He then advised that the LRT is an affordable solution and he hopes that all of the representatives can participate in decision making. Mr. J. Jackson, representing the Grand River Environmental Network, stated he is a strong supporter of LRT. Over the past several years, the Region has been developing a vision for the future and the Network has been involved. They agree with the Region as to values in such things as natural areas, the countryside line and cities, and, they value the high tech industry moving into the Region. He stated that the LRT is essential to allow the vision to materialize: it is essential to get people to and from work while cutting back in pollution. He added that it isn’t just one rail line, it’s a whole bus network to feed into the LRT; therefore it is important to see this project as a broader transit system. Mr. D. Bourgeois addressed Council stating that not to approve the LRT would be the biggest mistake. Getting people and goods from one place to another is critical. He advised he has been disturbed that many critics focus on getting what you pay for and anything you pay for and you do not use should be given back to you. He suggested that paying taxes builds community when each taxpayer contributes to the needs of the whole community. Mr. S. Ducklow advised that he is concerned about debt from the LRT and the fact that people don’t want to give up their vehicles. He spoke in agreement with the Mayor of Waterloo that a referendum is needed. He stated that all levels of government are in debt and he is concerned about the cost and repayment; so perhaps taxpayers should make the decision. Mr. C. Beattie, Perimeter Development Corporation, advised that they are about to commence construction of the Breithaupt Block, which involves a $20M investment. He stated they decided to take on this project because they were attracted to the climate in Kitchener, resulting from the investment made by the municipality through the EDIF. The LRT proposal is a transformational opportunity and the time to make the decision is now. Ms. R. Short advised that she is the owner of 2 small technology businesses. She acknowledges that there has been a tremendous growth over the last 27 years and infrastructure is needed to support businesses. The LRT is overwhelmingly supported by technology companies; as people want to leave their cars at home and take transit to work. She stated that in a knowledge-based economy, people can take their skills and knowledge anywhere; people and companies who could work here will not do so if the City does not have the necessary infrastructure. She stated that the community needs leadership and courage and leaders must get behind the decision that needs to be made. SPECIAL COUNCIL MINUTES MAY 26, 2011 - 142-CITY OF KITCHENER Mr. D. Clemens spoke in support of the LRT, comparing this Region with the City of Ottawa; who should have installed a light rail transit system years ago and are now finding their cost has risen to $2B for 3.2 km of light rail. He noted that one way or the other we will have to accommodate 200,000 people, therefore not installing an LRT will not save taxpayers any money. Mr. J. Huxted advised that he is in support of a rapid transit system but not the proposed LRT as it will only be slightly faster than the current system. He stated that he is opposed to the routes that have been chosen and he does not want tracks on the streets. He added that alternative routes have not been considered. Mayor C. Zehr responded that the feeder system is part of the process and further, there were several phases of environmental assessments and other routes were investigated. Ms. D. Ensing addressed Council and advised that she has a family practice in southwest Kitchener. She stated that the LRT and land use policy supports a healthy community. Ms. Ensing advised that it is expected 200,000 people will come to the Region over the next 20 years and for the past 7 years, people have been invited to participate in choosing a rapid transit system. The senior levels of government have offered to pay 2/3 of the cost and now we need political leaders in this Region to accept their responsibility. She asked Council to support the LRT. Mr. T. Kenyon advised that he is a Kitchener resident and works at the University of Waterloo. He is a four-season cycling commuter and an advocate for cycling. He spoke in favour of the LRT and advised that buses are difficult vehicles for cyclists to work with because they require wider roads. The LRT is preferable due to the fact that the location of the rails is known and he suggested that the rail cars chosen should be able to accommodate bicycles. Mr. J. Beckner advised that the information provided to the public about the LRT has not been clear. He also advised that the estimated costs are not what taxpayers want and 95% of the population will not use the system but everyone will have to pay for it. Mr. B. Bradford addressed Council in support of the LRT, stating that it is a fantastic opportunity for the Region. He stated that the investment will last for 50-100 years and approval of this project is the right thing to do. Ms. R. Bergman spoke to Council in opposition to the LRT. She stated that we already have a very good transit system and although the LRT might be environmentally better, we will still have buses feeding the system. She also stated that from the point of view of bus drivers, the proposal looks to be a mess. Mr. K. Ballentyne advised Council that he is supportive of the LRT. He explained many people think the cost is too high; however, it is too expensive not to do it. He suggested that a lot of money is spent on roads, and without the LRT the Region will lose future residents and new and growing companies, all resulting in a loss of tax money. Mr. P. Cyr stated that he used to live in Laurentian Hills and has moved Downtown because of the actions Council has taken Downtown. He offered the opinion that the bus rapid transit system chosen by Ottawa is a mess and now they are paying to replace it with an LRT, which he does not want happening here. Mr. J. Scheuetter noted that he likes all the options but it is important to consider the affect of these costs on all residents. He asked that more time be taken to think about the LRT. He noted that he is not getting any raises and hydro costs along with other costs are increasing. Mr. R. Souliere advised Council that he takes the bus regularly and he has great concerns that the buses do not run to schedule. He also advised that the IXpress was a good idea but is not much of an express service. Councillor B. Vrbanovic thanked all the delegations for coming and presenting their points of view. He suggested that there are two things to be considered, the first being the recommendations in the staff report and the second being the question of tonight’s input. Councillor Vrbanovic put forward a motion, seconded by Councillor Z. Janecki, to adopt the recommendation in Chief Administrative Officer’s report CAO-11-009. Councillor Z. Janecki put forward an amendment, seconded by Councillor J. Gazzola, requesting that the Region of Waterloo pay 100% of the costs of replacing the linear infrastructure that must be SPECIAL COUNCIL MINUTES MAY 26, 2011 - 143-CITY OF KITCHENER replaced if the LRT is approved, whether inside or outside the City’s 10-year Capital Forecast. Discussion took place on the appropriate way to deal with costs for replacing infrastructure as a result of the proposed LRT. Councillor J. Gazzola put forward a motion, seconded by Councillor Y. Fernandes, to defer action on the recommendation in report CAO-11-009 to the June 27, 2011 Council meeting. Councillor Vrbanovic spoke in opposition to the deferral, suggesting that the City’s position on who pays the cost for infrastructure replacement needs to be in the hands of Regional Council when they make their decision on the LRT on June 15, 2011. Loston a tie vote Councillor Gazzola’s motion of deferral was voted on and . Declarations of a pecuniary interest had been made by Councillors D. Glenn-Graham, B. Ioannidis, K. Galloway, F. Etherington and P. Singh for reasons previously disclosed at the outset of this meeting and they did not participate in any discussion or voting concerning this matter. voted on by a recorded vote and Lost, The amending motion by Councillor Z. Janecki, was then with Councillors Z. Janecki and J. Gazzola voting in favour, and Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey and Y. Fernandes voting in opposition. Declarations of a pecuniary interest had been made by Councillors D. Glenn-Graham, B. Ioannidis, K. Galloway, F. Etherington and P. Singh for reasons previously disclosed at the outset of this meeting and they did not participate in any discussion or voting concerning this matter. Councillor Vrbanovic’s motion to adopt the recommendation in Chief Administrative Officer’s report CAO-11-009 was then voted on by a recorded vote. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “That Chief Administrator’s Office report CAO-11-009, regarding the Regional Rapid Transit Project, be received for discussion; and, That the City of Kitchener request a formal agreement with the Region for moving or replacing underground services including water, storm water, sanitary sewer, gas and hydro facilities to accommodate the rapid transit project; and further, That the City of Kitchener request design consideration be given to minimizing the impact of rapid transit infrastructure on fire service operations.” Carried Unanimously. Recorded Pecuniary Interests and Abstentions: Councillor D. Glenn-Graham as he owns property within 600 to 800m of a proposed LRT station Councillor B. Ioannidis as his family has interest in properties within 600 to 800m of a proposed LRT station. Councillor K. Galloway as a family member is an elected official on Regional Council and has declared a pecuniary interest in this matter. Councillor F. Etherington as he owns property within 600 to 800m of a proposed LRT station. Councillor P. Singh as his family has interest in properties within 600 to 800m of a proposed LRT station. Councillor B. Vrbanovic put forward a motion, seconded by Councillor S. Davey, to have staff forward the minutes of this meeting to the Regional Clerk as soon as possible and that this Council take no action as to a specific position on the LRT. SPECIAL COUNCIL MINUTES MAY 26, 2011 - 144-CITY OF KITCHENER Councillor Vrbanovic advised he supported this public meeting but has some concerns that having this Council take a position will create a problem for the public as to who is responsible for what. He added that Regional Council is the deciding body and there is opportunity for anyone to speak to stst Regional Council on May 31 and June 1. Councillor Z. Janecki spoke in opposition to the motion, as it was his understanding that the purpose of this meeting was to take a position and the public is looking to Council to do so. Councillor J. Gazzola also spoke in opposition stating that as 1 of 3 urban municipalities, Council should be able to take a position. He added that he hoped the City could ask the Region to hold a referendum to allow the electors a chance to have a say. Mayor C. Zehr advised that he would take a vote on each of the 2 parts of the motion separately. Councillor J. Gazzola requested that each motion be voted on by a recorded vote. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey “That staff forward the minutes of the special meeting of Council held May 26, 2011, to the Regional Clerk as soon as possible.” Carried Unanimously. Recorded Pecuniary Interests and Abstentions: Councillor D. Glenn-Graham as he owns property within 600 to 800m of a proposed LRT station Councillor B. Ioannidis as his family has interest in properties within 600 to 800m of a proposed LRT station. Councillor K. Galloway as a family member is an elected official on Regional Council and has declared a pecuniary interest in this matter. Councillor F. Etherington as he owns property within 600 to 800m of a proposed LRT station. Councillor P. Singh as his family has interest in properties within 600 to 800m of a proposed LRT station. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey “That Council take no action as to a specific position with respect to the Regional Rapid Transit project.” In favour: Mayor C. Zehr and Councillor B. Vrbanovic. Contra : Councillors S. Davey, Y. Fernandes, Z. Janecki and J. Gazzola. Motion Lost. Recorded Pecuniary Interests and Abstentions: Councillor D. Glenn-Graham as he owns property within 600 to 800m of a proposed LRT station Councillor B. Ioannidis as his family has interest in properties within 600 to 800m of a proposed LRT station. SPECIAL COUNCIL MINUTES MAY 26, 2011 - 145-CITY OF KITCHENER Councillor K. Galloway as a family member is an elected official on Regional Council and has declared a pecuniary interest in this matter. Councillor F. Etherington as he owns property within 600 to 800m of a proposed LRT station. Councillor P. Singh as his family has interest in properties within 600 to 800m of a proposed LRT station. Councillor J. Gazzola put forward a motion, seconded by Councillor Z. Janecki, that the City of Kitchener supports and requests Regional Council to carry out a referendum of the people living in Kitchener, Waterloo and Cambridge, as to whether they want the LRT. Councillor B. Vrbanovic spoke against the motion because the citizens of Kitchener elected Council to represent them and make decisions on their behalf. He pointed out that during the 2010 election campaign, the Regional Councillors who were in support of the LRT were re-elected. Councillor Z. Janecki advised that he supports the motion as taxpayers have not had an opportunity to vote on the most important question the Region has seen in a long time. He stated that he is supportive of transit systems but the cost implications are prohibitive. Councillor Janecki raised a concern that the Township representatives on Regional Council will vote on the project yet, they won’t receive the service or pay for it. Mayor C. Zehr responded that in regard to the issue about the Townships having a vote; all members of Regional Council vote on all motions regardless if a motion affects a specific municipality. Mayor Zehr also suggested that it would be 2012 before a referendum vote can take place and by then the grants would no longer be available. Mayor C. Zehr advised that with respect to this important matter, it is important in his position as a member of Regional Council not to vote on a City of Kitchener resolution that will come before Regional Council. Mayor Zehr left the meeting and did not vote on the motion. Councillor Y. Fernandes as Acting Mayor assumed the Chair. Moved by Councillor J. Gazzola Seconded by Councillor Z. Janecki “That the City of Kitchener supports the Regional Municipality of Waterloo in holding a referendum for eligible voters in the Cities of Cambridge, Waterloo and Kitchener on the Rapid Transit Proposal.” A recorded vote was requested. In favour: Councillors Y. Fernandes, S. Davey, J. Gazzola and Z. Janecki. Contra : Councillor B. Vrbanovic. Absent : Mayor C. Zehr Motion Carried . Recorded Pecuniary Interests and Abstentions: Councillor D. Glenn-Graham as he owns property within 600 to 800m of a proposed LRT station Councillor B. Ioannidis as his family has interest in properties within 600 to 800m of a proposed LRT station. Councillor K. Galloway as a family member is an elected official on Regional Council and has declared a pecuniary interest in this matter. Councillor F. Etherington as he owns property within 600 to 800m of a proposed LRT station. SPECIAL COUNCIL MINUTES MAY 26, 2011 - 146-CITY OF KITCHENER Councillor P. Singh as his family has interest in properties within 600 to 800m of a proposed LRT station. Mayor C. Zehr assumed the Chair. Moved by Councillor K. Galloway Seconded by Councillor Z. Janecki “That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 2011--069 by the Clerk.” Carried. On motion the meeting adjourned at 10:55 p.m. MAYOR CLERK