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HomeMy WebLinkAboutCouncil - 2011-11-01 SSPECIAL COUNCIL MINUTES NOVEMBER 1, 2011 CITY OF KITCHENER A special meeting of City Council was held at 3:31 p.m. this date, chaired by Acting Mayor D. Glenn- Graham with all present except Mayor C. Zehr and Councillors B. Vrbanovic and Z. Janecki. 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. Council considered Infrastructure Services Department report INS-11-089 which provided information regarding Heritage Permit Application HPA 2011-V-018 -Victoria Park Lake Flagpole Removal. It is noted that this matter was deferred from the October 24, 2011 Council meeting. Mr. G. Murphy, Director of Engineering Services, advised that further to discussion at the October 24, 2011 Council meeting, an information report has been provided outlining the rationale for Park Operations staff's recommendation to remove the flag pole from the Victoria Park Lake. He further advised that this recommendation is coming forward at this time to coincide with the lake improvement project; however, it is distinct from Finance and Corporate Services Department report FCS-11-204 awarding the tender to undertake the lake improvements, also listed on the agenda this date. In answer to questions raised by Councillor J. Gazzola, Mr. L. Bensason, Co-ordinator, Cultural Heritage Planning, advised that Victoria Park is part of the heritage district and is significant due to its romantic landscape. In considering the application to make alterations to the lake including the removal of the flag pole, the proposal was reviewed in context of built features, historical significance and impact on the landscape. Of these, it was determined that the flag pole may have historical value but is not considered a built feature and does not compliment the landscape. Mr. Bensason explained that when viewing the heritage value of the flag pole against the rationale to remove it due to maintenance costs and resources, it was staff's opinion that the recommendation to remove the flag pole could be supported. Mr. Murphy added that the recommendation from Parks Operations is based on resources and costs required to access the flag pole for maintenance and other purposes and following the project, staff could investigate an alternate location within the park for the flag pole. He further advised that not approving the removal of the flag pole as applied for, will result in having the contractor undertaking the lake dredging either working around the pole and base or having to remove the base and replace once remediation of the lake is completed. A motion by Councillor Y. Fernandes, seconded by Councillor J. Gazzola, was put forward to defer the matter to the November 7, 2011 Standing Committee in order that all members of Council could participate in the discussion with respect to Heritage Permit Application HPA 2011-V-018. It was agreed to amend the motion by deferring the matter to the November 14 Council meeting. The motion was Lost on a tie vote. Moved by Councillor F. Etherington Seconded by Councillor K. Galloway "That the flag pole located in Victoria Park Lake be removed as requested in Heritage Permit Application HPA 2011-V-018; and further, That staff be directed to investigate the feasibility of relocating the flag pole to an alternate location within Victoria Park. A recorded vote was requested For: Councillors B. loannidis, K. Galloway, S. Davey, F. Etherington and P. Singh Contra: Councillors J. Gazzola, Y. Fernandes and D. Glenn-Graham Motion Carried. Council considered Finance and Corporate Services Department report FCS-11-204 (L. Gordon) regarding Tender T11-080 -Victoria Park Lake Improvements. Mr. G. Murphy advised that the tender includes the works associated with the Victoria Park Lake improvements and works associated with elements of the Victoria Park Strategic Plan. Mr. Murphy explained that the lake improvement portion of the tender will be funded through the Storm Water SPECIAL COUNCIL MINUTES NOVEMBER 1, 2011 - 288- CITY OF KITCHENER Management Utility and Development Charges and includes dredging, deepening and reconfiguring the lake. Also included will be sedimentation removal and disposal. The Park plan elements will be funded from the Strategic Plan Capital Budget and includes removal of the pumping station, repair of the heritage bridge piers, replacement of the lake edge treatment and, removal of the flag pole. Mr. Murphy further advised that three qualified bids for the project were received and staff reviewed the lowest bid, re-scoped the project and were able to reduce the required works and costs in order to meet budget. He added that even with the reduced costs, two elements of the project related to the Park plan, being improvements to the Boathouse and patio and, the upper lake pedestrian bridge, will not proceed at this time. Staff is recommending that these items be considered as part of the 2012 Capital Budget review. Councillor J. Gazzola questioned why the existing gabions could not be repaired further reducing costs. Ms. Melissa Ryan, Design /Construction Project Manager, explained that the existing gabions have failed therefore remediation of the shoreline must be take place. Mr. Murphy added that the alternative to using stone around the shoreline is to grade it; however, staff did investigate this option and found any grading would impact on the existing landscape features. Councillor Gazzola questioned the high cost of tipping fees. Mr. N. Gollan, Manager Storm Water Utility, advised that arrangements have been made with the Region of Waterloo for their Cambridge site to accept and store the sediment and undertake continuous monitoring to ascertain if there is an acceptable use for the material. This arrangement reduced the estimated costs by approximately $2M. Councillor Y. Fernandes questioned why the Boathouse improvement project could not move forward in light of the reduced costs including savings realized from the tipping fees. Mr. J. Witmer, Director of Operations, advised that the two components of the project are to be funded from different sources and since the Storm Water Management Utility is an enterprise, funds cannot be transferred from one to the other. The savings being made affect the lake improvement portion of the project which is funded from the Utility whereas, the Boathouse improvements are to be funded from the Park Improvement Capital Fund. Mr. Witmer further advised that staff is planning to look for funding to complete this project and will bring forward options for Capital Budget Day. Should there be no funding available, the current Boathouse will be made safe enough for the current business. Councillor F. Etherington raised concerns regarding some of the projects not going ahead at this time and in particular the Boathouse improvements. He pointed out that at a well attended public meeting citizens were told what to expect especially with respect to the Boathouse and to now defer that part of the project may cause concern. Councillor Etherington added that he supports the project but doesn't want it compromised, therefore, he would like to put forward a motion directing staff to bring forward options to fund the remaining elements of the project that currently are not funded. Moved by Councillor F. Etherington Seconded by Councillor K. Galloway "That staff be directed to report back on Capital Budget Day (November 17, 2011) on funding source options to complete all elements of the Victoria Park Lake Improvement Project. A recorded vote was requested. For: Councillors B. loannidis, K. Galloway, F. Etherington and D. Glenn-Graham Contra: Councillors J. Gazzola, Y. Fernandes S. Davey and P. Singh Motion Lost. Moved by Councillor K. Galloway Seconded by Councillor S. Davey "That Tender T11-080, Victoria Park Lake Improvements, be awarded to CRA Contractors Limited, Waterloo, Ontario at their adjusted tendered price of $7,226,633.57, including provisional items and contingencies of $430,463.00., plus H.S.T. of $939,462.36 for a total of $8,166,095,93.; and further, SPECIAL COUNCIL MINUTES NOVEMBER 1, 2011 - 289- CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor K. Galloway Seconded by Councillor S. Davey "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--152 by the Clerk." On motion the meeting adjourned at 4:56 p.m. MAYOR CLERK