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HomeMy WebLinkAbout2011-08-15COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE AUGUST 15, 2011 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 2:45 p.m. Present: Councillor K. Galloway - Chair Mayor C. Zehr and Councillors S. Davey, J. Gazzola, Y. Fernandes, P. Singh, B. Ioannidis, F. Etherington, D. Glenn-Graham and Z. Janecki. Staff: C. Ladd, Chief Administrative Officer J. Willmer, Deputy CAO, Community Services D. Chapman, Deputy CAO, Finance & Corporate Services P. Houston, Deputy CAO, Infrastructure Services S. Turner, Director of By-law Enforcement J. Witmer, Director of Operations J. McBride, Director of Transportation Planning R. Regier, Executive Director, Economic Development D. Ross, Manager, Development Review W. Sleeth, Landscape Architect C. York, Arts/Culture Co-ordinator D. Gilchrist, Committee Administrator 1.CSD-11-095 - DEMOLITION CONTROL APPLICATION DC11/07/O/GS - 388 OLD HURON ROAD - HALLMAN CONSTRUCTION LTD. The Committee considered Community Services Department report CSD-11-096, dated July 28, 2011, recommending approval of the Demolition Control Application for 388 Old Huron Road, without conditions. Mr. P. Britton, MHBC Planning, was in attendance on behalf of the applicant, in support of staff’s recommendation. Ms. D. Ross advised that the City has not received any formal plans for the development of this property. Mr Britton advised that the property is intended for townhouse development and the site plan application will be submitted within the next 2 months. Further, the existing trees will be protected during the demolition. Mr. Britton also advised that the property will be maintained as required by the City’s Property Standards By-law prior to the development taking place. On motion by Councillor B. Ioannidis - it was resolved: “That Demolition Control Application DC11/007/O/GS requesting permission to demolish one (1) single detached dwelling located at 388 Old Huron Road, owned by Hallman Construction Ltd., be approved without conditions.” 2.CSD-11-096 - DEMOLITION CONTROL APPLICATION DC11/06/B/ATP - 54 BRIDGE STREET WEST - 2019641 ONTARIO LTD. & B. DOZER LIMITED The Committee considered Community Services Department report CSD-11-096, dated July 14, 2011, recommending approval of the Demolition Control Application for 54 Bridge Street, without conditions. On motion by Councillor B. Ioannidis - it was resolved: “That Demolition Control Application DC11/06/B/ATP requesting permission to demolish one (1) single detached dwelling located at 54 Bridge Street West, owned by 2019641 Ontario Ltd. and B. Dozer Limited, be approved without conditions.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE AUGUST 15, 2011 - 57 - CITY OF KITCHENER 3.CSD-11-096 - DEMOLITION CONTROL APPLICATION DC11/008/N/GS - 45 NELSON AVENUE - ANA, DRAGON & ILIJA ILIC. The Committee considered Community Services Department report CSD-11-096, dated July 28, 2011, recommending approval of the Demolition Control Application for 45 Nelson Avenue, with conditions. On motion by Councillor B. Ioannidis - it was resolved: “That Demolition Control Application DC11/008/N/GS requesting permission to demolish one (1) single detached dwelling located at 45 Nelson Avenue, owned by Ana Ilic, Dragan Ilic, and Ilija Ilic, be approved subject to the following condition: 1) That the applicants obtain a building permit for the proposed semi-detached dwelling unit; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.” 4.CSD-11-089 - NOISE EXEMPTION REQUEST - WYANDOTTE WARRIORS The Committee considered Community Services Department report CSD-11-089, dated July 20, 2011, recommending approval of a request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for a street party on Wyandotte Court to be held on August 20, 2011. On motion by Councillor B. Ioannidis - it was resolved: “That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Wyandotte Warriors for a street party on Wyandotte Court on August 20, 2011, between the hours of 12:00 noon and 11:00 pm.” 5.CSD-11-090 - NOISE EXEMPTION REQUEST - LADY OF FATIMA PARISH The Committee considered Community Services Department report CSD-11-090, dated July 20, 2011, recommending approval of a request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for a cultural festival to take place on September 3, 2011 into the early morning of September 4, 2011. On motion by Councillor B. Ioannidis - it was resolved: “That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Lady of Fatima Parish for their annual Lady of Fatima Festival to be held at 1548 Fischer Hallman Road between the hours of 12:00 noon on Saturday September 3 and 1:00 am on Sunday September 4, 2011.” 6.CSD-11-091 - NOISE EXEMPTION REQUEST - MCLENNAN PARK Councillor K. Galloway advised that this report is withdrawn as the event will no longer take place. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE AUGUST 15, 2011 - 58 - CITY OF KITCHENER 7.CSD-11-098 - NOISE EXEMPTION REQUEST - CONESTOGA COLLEGE The Committee considered Community Services Department report CSD-11-098, dated July 20, 2011, recommending approval of a request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for an outdoor concert to be held on September 17, 2011. In response to questions from the Committee, Mr. Turner advised that this is the second year an outdoor concert has taken place at the college and there were no complaints from the neighbours last year. A By-law Officer will work with the college as was done last year and the college will give notice of this event to neighbouring property owners. On motion by Councillor B. Ioannidis - it was resolved: “That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Conestoga Students Inc. for an outdoor concert at Conestoga College on September 17, 2011, between the hours of 6:00 p.m. and 11:30 p.m..” 8.CSD-11-099 - AUTHORIZED REQUESTOR AGREEMENT - MINISTRY OF TRANSPORTATION The Committee considered Community Services Department report CSD-11-099, dated July 21, 2011, recommending execution of an Authorized Requestor Agreement with the Ministry of Transportation, in order to obtain vehicle ownership information relating to parking enforcement. On motion by Councillor B. Ioannidis - it was resolved: “That the Mayor and City Clerk be authorized to execute an Authorized Requestor Agreement with the Ministry of Transportation, subject to the satisfaction of the Office of the City Solicitor, to obtain vehicle ownership information relating to parking enforcement.” 9.INS-11-062 - ARDELT PLACE - SNOW DUMP FACILITY LEASE RENEWAL The Committee considered Infrastructure Services Department report INS-11-062, dated July 28, 2011, recommending a lease for the property at 75 Ardelt Place for use as a snow dumping facility for the City. Mr. Witmer advised that there are environmental and cost issues associated with moving the snow dump to a new location and staff wants to continue using the Ardelt Avenue site until another suitable location can be found. In response to questions about the snow melting machine, Mr. Witmer advised that it is used when more than 10 trucks are needed to remove snow. Staff is investigating a more permanent location for the melting machine and changing the fuel from propane to gas, which will be a cost saving. On motion by Councillor B. Ioannidis - it was resolved: “That the Mayor and Clerk be authorized to execute a lease agreement satisfactory to the City Solicitor with the current property owner at 75 Ardelt Place in the City of Kitchener, for the use of the lands as a snow dumping facility for the exclusive use of City staff and their contractors.” 10.INS-11-033 - SCHOOL BUS LOADING ZONE - INDIAN ROAD The Committee considered Infrastructure Services Department report INS-11-033, dated July 21, 2011, recommending that a School Bus Loading Zone be established on Indian Road, for Grand River Collegiate Institute, to replace the existing one on Heritage Drive. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE AUGUST 15, 2011 - 59 - CITY OF KITCHENER 10.INS-11-033 - SCHOOL BUS LOADING ZONE - INDIAN ROAD (CONT’D) On motion by Councillor B. Ioannidis - it was resolved: “That the Uniform Traffic By-law be amended to establish a School Bus Loading Zone on the east side of Indian Road from a point 177 metres north of McGee Avenue to a point 26 metres north thereof.” 11.INS-11-059 - ON-STREET PARKING REGULATIONS - SIMEON STREET The Committee considered Infrastructure Services Department report INS-11-059, dated June 9, 2011, recommending parking on a portion of the north side of Simeon Street and no parking on another portion of Simeon Street. On motion by Councillor B. Ioannidis - it was resolved: “That the Uniform Traffic By-law be amended to permit parking for a maximum of three (3) consecutive hours on the north side of Simeon Street between a point 29 metres east of Frederick Street and a point 47 metres east thereof; and, further, That the Uniform Traffic By-law be amended to prohibit parking at anytime on the north side of Simeon Street from Frederick Street to a point 29 metres east thereof.” 12.INS-11-060 - TRAFFIC CALMING FOLLOW-UP REVIEW - HERITAGE DRIVE The Committee considered Infrastructure Services Department report INS-11-060, dated July 4, 2011, recommending the continuation of the traffic calming measures installed on Heritage Drive. On motion by Councillor B. Ioannidis - it was resolved: “That the traffic calming measures (eight (8) speed humps) on Heritage Drive between Halifax Drive and Ottawa Street remain in place.” 13.INS-11-063 - ON-STREET PARKING REGULATIONS - PARK STREET The Committee considered Infrastructure Services Department report INS-11-063, dated August 1, 2011, recommending on-street parking on a portion of the north side of Park Street. On motion by Councillor B. Ioannidis - it was resolved: “That the Uniform Traffic By-law be amended to permit on-street parking anytime, for a maximum three (3) consecutive hours, on the north side of Park Street from a point 15 metres west of Stewart Street to a point 40 metres west thereof.” 14.CSD-11-106 - NOISE EXEMPTION REQUEST - VIEN QUANG BUDDHIST ASSOCIATION OF KITCHENER-WATERLOO The Committee considered Community Services Department report CSD-11-106, dated August 8, 2011, recommending approval of a request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for an Autumn Festival to take place at 23 Campbell Avenue on September 10, 2011. On motion by Councillor B. Ioannidis - it was resolved: COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE AUGUST 15, 2011 - 60 - CITY OF KITCHENER 14.CSD-11-106 - NOISE EXEMPTION REQUEST - VIEN QUANG BUDDHIST ASSOCIATION OF KITCHENER-WATERLOO (CONT’D) “That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Vien Quang Buddhist Association of Kitchener-Waterloo at 23 Campbell Avenue, on September 10, 2011, between the hours of 5 p.m. to 10 p.m., as part of the celebration of their Autumn Festival.” 15.CSD-11-105 - NOISE EXEMPTION REQUEST - KITCHENER MASJID The Committee considered Community Services Department report CSD-11-105, dated August 8, 2011 recommending approval of a request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for an annual festival to take place on August 30 or 31, 2011 at 1017 Victoria Street North. On motion by Councillor B. Ioannidis - it was resolved: “That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Kitchener Masjid at 1017 Victoria Street North for their annual festival on August 30 or 31, 2011, between the hours of 10:00 a.m. and 7:00 p.m.” 16.CSD-11-103 - PUBLIC ART POLICY AND PROGRAM OVERVIEW The Committee considered Community Services Department report CSD-11-103, dated July 25, 2011. Ms. York presented the report following which she responded to questions from the Committee. Respecting advertising the budget for the piece of public art, Ms. York advised that in one instance staff did not advertise the budget and artists did not participate because they need to know that there is money to pay for their work. Respecting the 1% figure, Ms. York advised that the percentage was established at a time when there was a proliferation of 1% programs across North America. She also advised that at this point students are not involved in this public art program. In response to questions from Mayor Zehr, Ms. York advised that the Arts and Culture Advisory Committee (ACAC) and the Public Arts Working Group (PAWG) have dealt with items on a project by project basis and have not reached out to new things. Mayor Zehr recommended that the committee and working group should reach out and engage the private sector. Mayor Zehr then advised that he is prepared to move the recommendation in the staff report. He stated that he has travelled to many cities and public art is a major component of them. He advised that if the general public is going to have the opportunity to enjoy larger works of art municipalities must be involved. Respecting the work of public art for the Kitchener Operations Facility, Ms. York advised that the jury has made a selection which is supported by ACAC and PAWG and staff will bring a report to this committee on September 12, 2011. This work will be completed by a team of 2 artists, will be a 2 part installation with part of it to be located inside the building and part outside, and will cost $98,000. The budget for this work is $100,000. Respecting the 40% pool of funding identified in the report, Ms. York advised that it is currently at $120,000. She advised that it is difficult to do a budget for this fund because these works of art take 1 to 2 years to produce and install. Also, the number of public works of art that have been commissioned between 2009 and 2011 and the amount in the 40% pool are a result of the infrastructure stimulus program. Going forward there will not likely be as many or as much. It was recommended by Councillor Singh that students be approached to participate in this program and that corporate sponsorships be sought. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE AUGUST 15, 2011 - 61 - CITY OF KITCHENER 16.CSD-11-103 - PUBLIC ART POLICY AND PROGRAM OVERVIEW (CONT’D) With respect to extending this program into the private sector, Ms. York advised that she has put forward a recommendation for the Official Plan review that there be bonusing provisions for a development that does include a work of public art. She stated that the private sector can be encouraged but the City can not demand. Comparing this City’s public arts program to other cities, Ms. York advised that it is quite modest; however, it is wise to go slowly as there are maintenance costs over time and storage issues. Councillor Ioanidis stated that he strongly feels that Kitchener should not limit its award of public art projects to local artists. Respecting costs, he stated that the cost of public art should be looked at as an investment in our community. Respecting the relationship between the arts community and business, Ms. York advised that she recently attended a meeting with representatives of both groups and they all agreed that public art is important. Mr. R. Regier advised that at a recent conference he attended it was evident that across Canada, public art plays an important role in attracting and retaining workers. Mayor Zehr moved the recommendation in the staff report. Councillor Davey spoke in opposition to the motion stating: he is concerned with the way the policy is written and handled; $1.2M has been committed to public art between 2007 and 2011 when there are areas of the City that need other facilities; he is against advertising the budget; spending should be more frugal; and, concerns respecting appropriateness of location. Councillor Gazzola spoke in support of the motion. He also stated that the City is a public organization and our spending and budget is public. He advised that we live in a global economy and we can not restrict the artists for these projects to local artists. Councillor Singh advised that he will support the motion but requested an amendment to the motion that the selection committee be directed to approach educational institutions to participate in the City’s public art program. Mayor Zehr advised that he would accept Councillor Singh’s amendment as friendly provided it does not include an amendment to the policy and that it involves ACAC and PAWG in considering and recommending how educational institutions can be involved in public art. unanimously: A recorded vote was requested and the following motion was carried On motion by Mayor C. Zehr - it was resolved: “That Public Art Policy I-816, as approved on September 20, 2010 and attached to Community Services Department report CSD-11-103 as Appendix A, be re-confirmed; and further, That the Arts and Culture Advisory Committee and the Public Arts Working Group be requested to consider and recommend ways in which students from local educational institutions can participate in public art.” 17.INS-11-058 - LEAF COLLECTION PROGRAM UPDATE The Committee considered Infrastructure Services Department report INS-11-058, dated August 3, 2011, recommending the 2011 leaf collection program, as shown in Addendum A attached to this report. Messrs. J. Witmer and S. Turner presented this report and responded to the Committee’s questions. Mr. Turner advised that in 2009 Enforcement staff took an educational approach to enforcing the leaf collection program.He stated that leaf collection has to be enforced through the COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE AUGUST 15, 2011 - 62 - CITY OF KITCHENER 17.INS-11-058 - LEAF COLLECTION PROGRAM UPDATE (CONT’D) Traffic By-law which prohibits placement of any material upon a roadway unless authorized by the City. Consequently, it is essential that Council approve Addendum A to this report. Councillor Gazzola commented that the leaf collection program provides different levels of service for residents and questioned feedback from residents. Mr. Witmer advised that through the Environics Survey resident have indicated a 5% increase in their satisfaction with this program. In response to a question about communications with the public, Mr. Witmer advised that approximately $25,000 is spent annually and includes: sound bites on the radio, maps printed and posted in community facilities and leaflets that are sent with water bills. On motion by Councillor S. Davey - it was resolved: “That the leaf program for 2011, including the additions to areas of Kitchener where residents are permitted to rake leaves to the curb and the dates and times when they are permitted by the City to do so, as identified in Addendum A to Infrastructure Services Department report INS-11-058, be approved.” 18.INS-11-048 - MULTI-USE PATHWAYS AND TRAILS MASTER PLAN The Committee considered Infrastructure Services Department report INS-11-048, dated July 26, 2011 along with a copy of the Draft “Multi-Use Pathways and Trails Master Plan and Implementation Strategy”, prepared by ecoplans Limited, dated July 2011. Mr. Sleeth addressed the Committee advising that the process has reached the last phase of consultation and there are 6 weeks for member of Council to make their comments to staff. The public will also be given an opportunity to comment on the master plan during this period of time. Comments from the Committee members include: The document includes a tremendous amount of duplication and is very wordy – it should be more succinct; Language must be more precise – less use of words such as “should”, The maps are not useful as they are difficult to read and should be printed at a larger scale; Inclusion of information on how this plan is addressing the difference with the City of Waterloo’s trails; Less use of different terminology; Trails and paths should be included as part of the City’s Transportation Plan; Signage needs to be provided; There should be inner connectivity with Transportation Demand Management and the Cycling Master Plan; The Huron Road multi-use trail is not included on the map; A large version of the map should be printed and posted on a wall in each community centre; There should be more winter maintenance on trails; and, A trails advisory committee should be established to keep this program on track. In response to questions from the Committee, Mr. Sleeth advised that the term “multi-use pathways” means improved paths for walking and cycling; whereas “community trail” means any path the community uses. In response to a question from Councillor Etherinton, Mr. Sleeth advised that the 2 incidents referred to, concerning railway crossings and trail lighting have been considered in the designs and lighting will be subject to further consideration. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE AUGUST 15, 2011 - 63 - CITY OF KITCHENER 18.INS-11-048 - MULTI-USE PATHWAYS AND TRAILS MASTER PLAN (CON’D) Concerning hard and soft surfacing, Mr. Sleeth advised that trails used all year around and require snow removal will have a hard surface; which will primarily be Type 1 trails. Further, he advised that all school routes have not yet been identified but if they require snow removal they will have to have a hard surface. With respect to on-line mapping of the trails, Mr. Sleeth advised that the consultants have taken a large number of photographs which have not been mapped at this time. Following adoption of the master plan the on-line mapping will be improved. Councillor Davey recommended that these photographs be included with the mapping. Councillor Galloway questioned recommendation 3-4c on page 7-2 of the draft plan concerning amendments to the Land Development and Approvals Process. Mr. Sleeth advised that currently the requirements for the timing of trails in new developments are varied depending on the subdivision agreement. Mr. Sleeth advised that Council members’ comments on the draft master plan are needed by the end of September and he needs as much detail in the comments as possible. 19.ADJOURNMENT On motion, the meeting adjourned at 5:15 p.m. Dianne Gilchrist Committee Administrator