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HomeMy WebLinkAboutCouncil - 2012-10-22COUNCIL MINUTES OCTOBER 22, 2012 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Favia Gonzales, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held October 1, 2012 and special meeting held October 15, 2012, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. D. Chapman, Deputy CAO, Finance and Corporate Services, addressed Council to congratulate Steve Ross, Assistant City Solicitor, who recently received a Diamond Jubilee Medal in recognition of outstanding community service. He noted that Mr. Ross served as the President of Child Reach, based in London, Ontario, an organization which provides resources to parents and caregivers to assist in giving children the best start in life. He added that Mr. Ross is also the President of the Chelsea Green Home Society, which is snot-for-profit housing organization; and, he has assisted with the fundraising efforts of multiple other groups and charities. On behalf of Council, Mayor C. Zehr congratulated Mr. Ross on receiving this award for fostering a culture of community stewardship. Mr. Miki Culum attended to express concerns regarding the ongoing construction on Highway 7/8. He advised that throughout the work, area residents have had to endure a lack of privacy as well as sleep deprivation as the majority of the construction has taken place prior to the installation of the noise attenuation barriers. He suggested that for future projects of this nature, priority should be given to the installation of those barriers as a means of mitigating the impact of the construction activities. In response to questions, Mr. Culum acknowledged that as this is a provincial construction project, it is being overseen by the Ontario Ministry of Transportation (MTO) and not the City of Kitchener. He advised that he recently emailed the MTO regarding this matter and is awaiting a response. He added that the noise exemption granted to the MTO by the City indicates that afollow-up will be undertaken with area residents yet no such follow-up has taken place. He commented that while he agrees that the most optimal time to undertake the work in terms of traffic is during the late evening and early morning; however, without the noise barriers this does have a negative impact on residents. He confirmed that he does not live in the subject area, but is addressing Council this date on behalf of his family and friends who do reside in close proximity to where the construction is taking place. Councillor B. Vrbanovic questioned whether City staff were informed of the issues being caused by the work on Highway 7/8, and if it would be possible to pursue a dialogue with the MTO to address the concerns raised by Mr. Culum. Mr. S. Turner, Director of By-law Enforcement, advised that while the exemption granted to the MTO was coordinated through the Transportation Services Division, By- law Enforcement staff have no record of any noise complaints being filed in relation to the subject construction activities. He indicated that going forward, staff can raise the concerns expressed this date with the MTO to assist in establishing a dialogue between the Ministry and area residents. Moved by Councillor B. Vrbanovic Seconded by Councillor B. loannidis "That staff be directed to convey the noise issues experienced by some residents residing in the area of the ongoing construction of Highway 7/8 to the Ontario Ministry of Transportation (MTO) to ensure they are endeavouring to manage their work hours accordingly and effectively communicate with residents." Carried. Mr. Theron Kramer, Chair of Compass Kitchener, addressed Council in regard to Clause 7 of the Finance and Corporate Services Committee report with respect to the public consultation undertaken by Compass Kitchener on the potential allocation of the $3M remaining in the Local Environmental Action Fund (LEAF). He advised that at last Monday's Committee meeting, concerns were expressed regarding the number of residents who participated in the consultation process. He noted that over 250 residents voluntarily participated in the survey and attended meetings, which is a good response rate for this kind of consultation process. He further advised that the recommendations put forward COUNCIL MINUTES OCTOBER 22, 2012 - 254 - CITY OF KITCHENER by Compass Kitchener do not propose the allocation of new funds, noting originally the remaining $3M was to be used on environmental projects that would make a transformational difference in the City of Kitchener. He added the community accepted the consultation process with the understanding that those dollars would continue to go toward environmental projects. He stated that Recommendation #1 aligns with every major planning document and / or master plan approved by the City in recent years, which highlights a need to prioritize funding for the maintenance, enhancement and acquisition of natural areas. He commented that Recommendation #1 would allow funds to be used on Hidden Valley as it contains significant natural areas; however, only 35 of the 250 respondents expressed a desire to see the entire $3M applied toward purchasing those lands. He added that the rest of the respondents indicated a preference to have the money used toward other natural areas and trail connectivity. He then apologized for using the term "unanimously" in the Compass Kitchener report, when not every member of Council endorsed the public consultation process. Councillor Y. Fernandes requested that the written submissions received by Compass Kitchener during its public consultation process be circulated to Council. Mr. Kramer expressed hesitation in providing those submissions suggesting that the written comments should carry no more weight than the verbal ones received during the consultation process. He noted that as the public was not asked to provide written comments, it would be unfair to those who were not afforded that opportunity if the requested submissions were given undue consideration. On motion by Councillor S. Davey, seconded by Councillor P. Singh, Clause 7 of the Finance and Corporate Services Committee report of this date was brought forward for consideration. Councillor K. Galloway expressed concerns with the last phrase of Paragraph 1 of the motion immediately following the deferral of the Compass Kitchener report to the November 26, 2012 Finance and Corporate Services Committee meeting, in which it indicates that consideration would also be given to the list of unfunded capital projects identified at the January 9, 2012 Finance and Corporate Services Committee meeting. She suggested that by including those items, in her opinion, disregards that work undertaken by Compass Kitchener and in effect reverts the entire process back to its starting point. She requested that the last portion of Paragraph 1 pertaining to the list of unfunded capital projects be voted on separately. Councillor Davey indicated that he was one of the members of Council who did not support the public consultation process. He advised that his opposition was not with Compass Kitchener, but rather that they were asked to undertake that work without any set parameters. He referred to the future allocations that will need to be made to mitigate the effects of the Emerald Ash Borer as well as several other projects that have been approved without sufficient funding. He expressed concern that time might be wasted at the November 26t" meeting with debate on a multitude of different projects and proposed to expedite that process by having Councillors submit individual rankings prioritizing the items to which the remaining LEAF funds could be applied. He noted that staff could compile those lists into a report, which could form the basis for discussion on this matter at the November 26tH meeting. On motion by Councillor Davey, seconded by Councillor Singh, an amendment was brought forward for consideration to direct staff to gather the independent priorities of each member of Council on how the balance of the LEAF funds should be used, with the responses consolidated in a report to be considered at the November 26, 2012 meeting. Councillor Davey's motion to amend Clause 7 was then voted on and Carried on a recorded vote, with Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, S. Davey, F. Etherington, D. Glenn- Graham, Z. Janecki and P. Singh voting in favour; and, Councillors J. Gazzola, K. Galloway, and Y. Fernandes voting in opposition. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That Clause 7 of the Finance & Corporate Services Committee report of this date, be adopted, as amended." Paragraph 1 of Clause 7 (last portion following the deferral to the November 26, 2012 meeting) - Carried, on a recorded vote. COUNCIL MINUTES OCTOBER 22, 2012 - 255 - CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors J. Gazzola, B. loannidis, S. Davey, D. Glenn- Graham, Z. Janecki and P. Singh. Contra: Councillors B. Vrbanovic, F. Etherington, K. Galloway and Y. Fernandes. Balance of Clause 7 -Carried Unanimously. Mr. L. Gordon, Director of Supply Services, was in attendance and responded to questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. In response to questions regarding Quotation Q12-070 -Vehicle Rust Control Services, listed as Item B.1 ii) on the Committee of the Whole agenda, Mr. J. Witmer, Interim Deputy CAO -Infrastructure Services, indicated that a Council Strategy Session is anticipated to be held in the near future on the lifecycle of City-owned vehicles. He added that an overview could be provided at that time on the rust control measures undertaken by the City. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That Expression of Interest E12-068 -Consultant Services -Bridge Rehabilitation -Stirling Avenue Bridge - GEXR Overpass (City Bridge #821), be awarded to IBI Group, Toronto, Ontario at their estimated fee of $113,872., including contingencies of $10,352. plus H.S.T. of $14,803.36, for a total of $128,675.36, based on a satisfactory contract being negotiated and upset fee being established; and further, That the Director of Supply Services be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Quotation Q12-070 -Vehicle Rust Control Services, be awarded to Krown Rust Control, Kitchener, Ontario, at their quoted price of $46,815., plus H.S.T. of $6,085.95, for a total of $52,900.95, with an option to renew for one (1) additional twelve (12) month term." Carried. On motion by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, Clauses 3 and 4 of the Heritage Kitchener report were brought forward for consideration, recommending the designation of 7 Floral Crescent (Rockway Gardens), as well as 1405 King Street East (Rockway Centre), and 736 Charles Street East (ancillary buildings) as cultural heritage resources under Part IV of the Ontario Heritage Act. Questions were raised as to the status of the feasibility study being conducted on the Rockway Centre. Mr. M. Hildebrand, Director of Community Programs & Services, advised that work on the feasibility study is on hold pending the completion of Phase I of the Cultural Heritage Resource Study and Assessment of the Rockway Centre and surrounding lands. He noted that Phase II is anticipated to be completed by December 2012, with the final report to come forward to Council sometime shortly thereafter. In response to further questions, Mr. L. Bensason, Coordinator of Cultural Heritage Planning, clarified that the goal of Phase I was to identify the cultural heritage value of the Rockway Centre and surrounding lands to determine the merits for heritage designation. He stated that the findings from Phase I are to be considered by the consultants preparing the feasibility study and business case analysis for the Rockway Centre in refining options for the long-term use of the site. He added that Phase II of the Heritage Study concentrates on evaluating the potential impact of the various options for the long-term use of the Rockway Centre and recommends mitigation measures to avoid or limit any negative impacts on the identified heritage attributes. He confirmed that as neither site is under threat of demolition, Heritage Planning staff would not be opposed to a deferral to allow this matter to be considered concurrent with the final report on the Rockway Feasibility Study. COUNCIL MINUTES OCTOBER 22, 2012 - 256 - CITY OF KITCHENER Councillor J. Gazzola advised that at the October 2, 2012 Heritage Kitchener meeting, the proposed designations were unanimously supported by the Committee, which included the four Council members as well as the four citizen members in attendance. He stated that it was the Committee's position that the issues related to how the building would be used in the future are unrelated to whether these sites warrant designation. In addition, concerns were expressed that the heritage component could be lost, or lose importance, if it is dealt with at the same time as the feasibility study. Several members acknowledged that it would be in Council's best interest to have all of the pertinent information related to this matter before rendering a decision on the proposed designations. Moved by Councillor B. loannidis Seconded by Councillor K. Galloway "That consideration of Clauses 3 and 4 of the Heritage Kitchener report be deferred to the February 4, 2013 Council meeting to allow time for the completion of the Rockway Feasibility Study and business case analysis." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway, F. Etherington, S. Davey and P. Singh Contra: Councillors D. Glenn-Graham, J. Gazzola, Y. Fernandes and Z. Janecki. Carried. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That the report of the Community & Infrastructure Services Committee be adopted." Councillor Y. Fernandes requested that Clause 1 be voted on separately as she has concerns with the demolition control application requested for 132 Jackson Avenue. Voted on Clause by Clause. Clause 1 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, D. Glenn-Graham, K. Galloway, F. Etherington, J. Gazzola, S. Davey and P. Singh Contra: Councillors Y. Fernandes, and Z. Janecki. Moved by Councillor S. Davey Seconded by Councillor P. Singh Balance of report -Carried. "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola brought forward an amendment to Paragraph 2 of Clause 8, which was accepted as friendly, to have the capital closeouts applied to the operating fund for 2012 subject to receiving a list of final closeouts with the year-end report. The balance of the Finance and Corporate Services Committee report of this date was then voted on and Carried. COUNCIL MINUTES OCTOBER 22, 2012 - 257 - CITY OF KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the balance of the report of Heritage Kitchener be adopted." Carried. Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn-Graham "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To confirm all actions and proceedings of the Council. 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 Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey "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 J. Gazzola Seconded by Councillor D. Glenn-Graham "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2012-142) (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2012-143) (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2012-144) COUNCIL MINUTES OCTOBER 22, 2012 - 258 - CITY OF KITCHENER (d) To confirm all actions and proceedings of the Council. (By-law No. 2012-145) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:02 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 22, 2012 - 259 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - That Demolition Control Application DC12/20/J/MV requesting permission to demolish one (1) single detached dwelling located at 132 Jackson Ave, owned by Ashok Manani, be approved with the following condition: That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: That in the event that construction of the new dwelling unit is not substantially complete within 2-years from the day demolition of the existing residential property is commenced, 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. (Carried, on a recorded vote) 2. That the Uniform Traffic By-law be amended to prohibit parking at any time on the inner curve (odd house number side) of Four Seasons Court from a point 35 metres north of Country Hill Drive to a point 32 metres north thereof, as outlined in Infrastructure Services Department report INS-12-079. 3. That the Uniform Traffic By-law be amended to prohibit parking at any time on the inner curve (odd house number side) of Harding Street from a point 55 metres north of Helena Feasby Street to a point 20 metres north thereof, as outlined in Infrastructure Services Department report INS-12-080. 4. That the Uniform Traffic By-law be amended to permit parking for a maximum of three (3) consecutive hours on both sides of Third Avenue between Kingsway Drive and Connaught Street, as outlined in Infrastructure Services Department report INS-12-083. FINANCE AND CORPORATE SERVICES COMMITTEE - That the modifications to Council Policy #I-1185 (Banner Policy) be approved in the form shown in the appendix to Chief Administrator's Office report CAO-12-038, which includes: • Permitting the use of banners for major exhibitions; and, • Minor housekeeping corrections. 2. That Purchase Order # 700060 to McGillivray and Sons Contractors Limited, St. Agatha, Ontario be increased from $283,981.31 to $329,828.91 for the additional amount of $45,847.60 plus applicable taxes for the Sanitary Sewer Rehabilitation Project at Iron Horse Trail; and further, That the increase to Purchase Order # 700060 be funded through existing funds available in the Iron Horse Trail account (Internal Order 470050 -Iron Horse Trail). 3. That the Director of Supply Services be authorized to execute the Master Agreement Acknowledgement dated 20-SEP-2012, with Oracle Corporation, adopting the terms and conditions of the Volume Licensing Agreement negotiated between the Government of Ontario, Ministry of Government Services -Supply Chain Management and Oracle Corporation ULC; said form of agreement to be to the satisfaction of the City solicitor; and, That the Director of Supply Services be authorized to execute the Acknowledgement to Ontario agreement, with HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as a prerequisite requirement to enter into the above Master Agreement Acknowledgement with Oracle Corporation ULC; said acknowledgement to be subject to the satisfaction of the City solicitor; and further, COUNCIL MINUTES OCTOBER 22, 2012 - 260 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That Oracle Corporation ULC be listed as a sole source provider of software maintenance and software support for Oracle software products that the City already owns or may purchase during the term of this agreement. 4. That the Mayor and Clerk be authorized to enter into a lease agreement with the Downtown Crepe Cafe, for the Retail Unit #2, located at 4 Charles Street E. (future address will be 28 Benton Street), subject to the satisfaction of the City Solicitor. 5. That $10,000. be allocated annually to the operating budget to accommodate third party video hosting services for on-demand webcasts of Council and Standing Committee meetings, subject to additional information from staff on potential funding sources from within existing Divisional budgets; and, That staff be directed to proceed with development of tender specifications for third party video hosting services to facilitate the provision of on-demand webcasting, as outlined in Finance and Corporate Services Department report FCS-12-142, and on completion of the written specifications to commence the tendering process; and further, That staff endeavour to provide a Rogers Television broadcast production quality for Council meeting webcasts and a single camera broadcast production quality for all Standing Committee webcasts. 6. That subject to the 2013 budget deliberations, $27,500. be allocated to the Waterloo Region Green Solutions, Residential Energy Efficiency Project CREEP), as part of the Environmental Committee's 2013 Operating Budget. 7. That the recommendations contained in the Compass Kitchener report on the Local Environment Action Fund (LEAF) Community Consultation, as attached to Chief Administrator's Office report CAO-12-043, be received and referred for consideration to the November 26, 2012 Finance and Corporate Services Committee meeting along with the list of unfunded capital projects identified at the January 9, 2012 Finance and Corporate Services Committee meeting; and, That staff be directed to gather the independent priorities of each member of Council on how the balance of the LEAF funds should be used, with the responses consolidated in a report to be considered at the November 26, 2012 meeting; and further, That staff be directed to report back with information on the revenues anticipated from the Kitchener Operations Facility's (KOF) solar roof and whether those funds should continue to be applied toward the repayment of the loan which currently accounts for a portion of the estimated $3M remaining in LEAF. (Dealt with under Delegations and Carried, as amended, on a recorded vote) 8. That Finance and Corporate Services Department report FCS-12-164 (2012 August Variance Report), dated September 26, 2012, be received for information; and, That capital closeouts be applied to the operating fund for 2012 to mitigate the projected operating deficit, subject to receiving a list of final capital closeouts with the year-end report; and further, That staff be directed to post the monthly financial indicators on the City's website and respond to the questions raised in the correspondence circulated by Mr. Drewitz, dated October 11, 2012. (Carried, as Amended) COUNCIL MINUTES OCTOBER 22, 2012 - 261 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2012-IV-019 be approved to permit the alteration of the building municipally addressed to 5 Maurice Street, in accordance with the supporting information submitted with the application. 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2012-IV-018 be approved to permit the repair and alteration of the building municipally addressed 318 Duke Street West, in accordance with the supporting information submitted with the application. 3. That consideration of the following recommendation to designate 7 Floral Crescent (Rockway Gardens), under Part IV of the Ontario Heritage Act, be deferred to the February 4, 2013 Council meeting to allow time for the completion of the Rockway feasibility study and business case analysis: `That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property known as 7 Floral Crescent (Rockway Gardens), as being of cultural heritage value and interest, with specific recognition given to Rockway Gardens being identified as a cultural heritage landscape.' (Carried, as amended, on a recorded vote) 4. That consideration of the following recommendation to designate 1405 King Street East (Rockway Centre), and 736 Charles Street East (ancillary buildings), under Part IV of the Ontario Heritage Act, be deferred to the February 4, 2013 Council meeting to allow time for the completion of the Rockway feasibility study and business case analysis: `That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property known as 1405 King Street East (Rockway Centre), and 736 Charles Street East (ancillary buildings), as being of cultural heritage value and interest.' (Carried, as amended, on a recorded vote) COUNCIL MINUTES OCTOBER 22, 2012 - 262 - 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-12-173 -Encroachment Agreement - 18 Duke Street East Council considered Finance and Corporate Services Department report FCS-12-173 (J. Sheryer), dated October 16, 2012. A recorded vote was requested. It was resolved: "That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the tenant or property owner(s) and any mortgagee(s) of the property municipally known as 18 Duke St. E. (PIN 22316-0090) to legalize the proposed awnings which will encroach approximately 39", more or less, over the City's Duke St. E. road allowance." In Favour: Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, Y. Fernandes, K. Galloway, B. loannidis, D. Glenn-Graham, P. Singh and F. Etherington. Contra: Councillors J. Gazzola and Z. Janecki 3. FCS-12-174 -Encroachment Agreement - 2 Duke Street East Council considered Finance and Corporate Services Department report FCS-12-174 (J. Sheryer), dated October 16, 2012. A recorded vote was requested. It was resolved: "That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the tenant or property owner(s) and any mortgagee(s) of the property municipally known as 2 Duke St. E. (PIN 22316-0090) to legalize the proposed awnings which will encroach approximately 25", more or less, over the City's Duke St. E. road allowance." In Favour: Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, Y. Fernandes, K. Galloway, B. loannidis, D. Glenn-Graham, P. Singh and F. Etherington. Contra: Councillors J. Gazzola and Z. Janecki