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HomeMy WebLinkAbout2013-05-06 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 6, 2013 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 2:03 p.m. Present: Councillor K. Galloway-Sealock - Chair Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. Ioannidis, Z. Janecki, Y. Fernandes, S. Davey, B. Vrbanovic and F. Etherington. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance and Corporate Services M. May, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services L. Johnston, Director of Communications J. Witmer, Director of Operations W. Malcolm, Director of Utilities K. Kugler, Director of Enterprise K. Carmichael, Interim Director of Transportation Services C. Shantz, Assistant City Solicitor D. Ross, Manager, Development Review G. Hummel, Manager of Park Planning, Development and Operations B. Cheyne, Supervisor of Athletics C. Goodeve, Committee Administrator CSD-13-030 - DEMOLITION CONTROL APPLICATION DC13/01/F/JM 1. - 86 FOURTH AVENUE - DALIP DHILLON & MANDEEP DHILLON The Committee considered Community Services Department report CSD-13-030, dated April 12, 2013 recommending approval of Demolition Control Application DC13/01/F/JM for 86 Fourth Avenue, subject to conditions. In response to questions, Ms. D. Ross confirmed that the proposed demolition would allow for the construction of a semi-detached dwelling, which is consistent with the intent of the current Low Rise Residential designation in the Official Plan and is a permitted use under the existing zoning. She acknowledged that the subject property is located within the boundaries of the holding provision related to the Freeport Pumping Station. She commented that Engineering staff may allow the proposed redevelopment as it is only intended to add one unit. She added that the capacity issues related to the Freeport catchment area are anticipated to be alleviated within the next year, noting that the demolition permit gives two years for the owner to begin construction on the new dwelling. Councillor Z. Janecki advised he would not be supporting the proposed demolition control application due to the precedent it may set for other developers to seek permission to redevelop larger properties within the boundaries of the holding provision. Carried The following motion was then voted on and on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway-Sealock, B. Vrbanovic, F. Etherington, Y. Fernandes, D. Glenn-Graham and S. Davey voting in favour; and, Councillors J. Gazzola and Z. Janecki voting in opposition. Councillor P. Singh was absent from this meeting. On motion by Councillor S. Davey - it was resolved: “That Demolition Control Application DC13/01/F/JM requesting permission to demolish one (1) single detached dwelling located at 86 Fourth Avenue, owned by Dalip Dhillon & Mandeep Dhillon, 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: COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 6, 2013 - 45 - CITY OF KITCHENER CSD-13-030 - DEMOLITION CONTROL APPLICATION DC13/01/F/JM 1. - 86 FOURTH AVENUE - DALIP DHILLON & MANDEEP DHILLON (CONT’D) In the event that construction of the new semi-detached dwelling is not substantially complete within two 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.” INS-13-038 - ON-STREET PARKING REGULATIONS - GLENDALE ROAD 2. The Committee considered Infrastructure Services Department report INS-13-038, dated April 11, 2013 recommending the prohibition of parking during winter months, on a portion of Glendale Road. It was noted that the subject parking prohibition would be taking place in Ward 10 and not Ward 4 as indicated in the staff report. On motion by Councillor S. Davey - it was resolved: “That the Uniform Traffic By-law be amended to prohibit parking at any time from January 1 to March 31 on the east side (odd number side) of Glendale Road from Melrose Avenue to East Avenue.” INS-13-039 - ON-STREET PARKING REGULATIONS - MADISON AVENUE NORTH 3. The Committee considered Infrastructure Services Department report INS-13-039, dated April 19, 2013 recommending that parking be prohibited at any time during winter months, on a portion of Madison Avenue North. It was noted that the subject parking prohibition would be taking place in Ward 10 and not Ward 4 as indicated in the staff report. On motion by Councillor S. Davey - it was resolved: “That the Uniform Traffic By-law be amended to prohibit parking at any time from January 1 to March 31 on the east side (odd number side) of Madison Avenue North from King Street East to a point 26 metres south of Duke Street East.” INS-13-046 - NOISE EXEMPTION REQUEST 4. - BLOCK LINE ROAD EXTENSION - DECK POUR The Committee considered Infrastructure Services Department report INS-13-046, dated April 23, 2013 concerning a noise exemption request for construction work on the Block Line Road extension. On motion by Councillor S. Davey - it was resolved: “That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of Kitchener Municipal Code Article 6 Construction Work during the bridge construction on Block Line Road between Lennox Lewis Way and Courtland Avenue, in the City of Kitchener; and further, That the requested noise by-law exemption shall apply only between the hours of 7:00 p.m. to 7:00 a.m. for the period from May 22, 2013 to May 31, 2013.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 6, 2013 - 46 - CITY OF KITCHENER INS-13-040 - ON-STREET PARKING REGULATIONS - RANDERSON AVENUE 5. The Committee considered Infrastructure Services Department report INS-13-040, dated April 12, 2013 recommending that parking not be permitted at any time during winter months, on a portion of Randerson Avenue. Mr. K. Carmichael reviewed the report, indicating that the proposed parking prohibition was being recommended in response to concerns raised by Fire Services with respect to the ability for emergency services vehicles to access the street. Mr. John Sherritt was in attendance and addressed the Committee in support of the staff recommendation. It was noted that Mr. Larry Gabel was listed as a delegation for this item; but, was not in attendance at this meeting. Councillor K. Galloway-Sealock pointed out that the subject parking prohibition would be taking place in Ward 10 and not Ward 4 as indicated in the staff report. On motion by Councillor D. Glenn-Graham - it was resolved: “That the Uniform Traffic By-law be amended to prohibit parking at any time from January 1 to March 31 on the east side (odd number side) of Randerson Avenue from McKenzie Avenue to the north terminus.” Mayor C. Zehr left the meeting at this time. CSD-13-039 - ICE FACILITY RENTAL DISCOUNT FOR AFFILIATED YOUTH GROUPS 6. The Committee considered Community Services Department report CSD-13-039, dated April 30, 2013 recommending a change from an annual allocation through the Tier 1 minor sports grants to a discounted facility rental rate for affiliated ice groups. Ms. K. Kugler reviewed the report, advising that the proposal aligns with other area municipalities and provides a simplified budgeting process for the affiliated groups. In response to questions, Ms. Kugler advised that the City provides ice to three affiliated sports groups; Kitchener Minor Hockey Association, Kitchener- Waterloo Skating Club, and Kitchener Ringette. She added that the ice user fees will reflect an increase in the facility rental discount; however, the Tier 1 minor sports grants will no longer be budgeted. She stated the groups are amenable to the new process as it gives them only one variable to consider when crafting their annual budgets. She noted that there would be a one-time negative variance of $16,548. due to Kitchener Ringette’s budgeting process. She added that staff are working with this group to look for other revenue sources to assist with mitigating the variance. Carried The following motion was then voted on and on a recorded vote, with Councillors B. Ioannidis, Z. Janecki, K. Galloway-Sealock, B. Vrbanovic, F. Etherington, Y. Fernandes, D. Glenn-Graham and S. Davey voting in favour. Councillor J. Gazzola declined to vote and in accordance with Section 25.8.3 of Council’s Procedural By-law his refusal to vote is recorded as a vote in the negative. Mayor C. Zehr and Councillor P. Singh were not in attendance. On motion by Councillor B. Vrbanovic - it was resolved: “That the Tier 1 Minor Sports Grants for affiliated ice groups be allocated to decrease the approved 2013 prime time affiliated ice rates from $217.94 to $157.14 for multi-pad ice rentals and from $193.15 to $138.15 for single pad ice rentals effective September 1, 2013; and further, That a sum of $349,510, which represents the 2013 Tier 1 minor sports grants approved for the affiliated ice groups, be transferred to the Aud/Arena ice budgets to offset the September 2013 change in ice rates.” Mayor C. Zehr re-entered the meeting at this time. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 6, 2013 - 47 - CITY OF KITCHENER INS-13-044 - COMMUNITY GARDEN USE AGREEMENTS 7. The Committee considered Infrastructure Services Department report INS-13-044, dated April 16, 2013 recommending the repeal and replacement of the Community Gardens Licence Agreement with the new Community Gardens Rules and Assumption of Risk template. In response to questions, Mr. G. Hummel advised that when a group has identified their interest in starting a Community Garden, staff will typically meet with them onsite to determine if it is an appropriate area. He stated that in some instances the proposed garden site might conflict with an existing use; such as, a winter rink. He added when that happens, staff would usually suggest another possible location within the same neighbourhood. He noted that examining the soil condition is part of the process for determining an appropriate site. He further advised that a policy exists which outlines the level of in-kind support the City provides to the gardeners. He agreed to examine the wording of that policy to see what revisions could be made to clearly stipulate the City’s limits with respect to labour and materials. Clarification was requested as to what was meant by assumption of risk, and Ms. C. Shantz advised it is an acknowledgement by the gardener that the City would not be held liable for lost or stolen property; or, if the person were to injure themselves while gardening. Mr. Hummel added that unlike the old agreement, each person who wishes to use a Community Garden would be required to sign the new waiver. Carried Unanimously. The following motion was voted on and On motion by Councillor Z. Janecki - it was resolved: “That the Community Gardens Rules & Assumption of Risk template be approved as outlined in Infrastructure Services Department report INS-13-044 and any amendment to the template be subject to the satisfaction of the City Solicitor; and further, That the Community Gardens Rules & Assumption of Risk template shall replace the previously approved Community Gardens Licence Agreement template outlined in Community Services Department report CSD-09-045, adopted by Council on August 24, 2009.” INS-13-048 - VICTORIA PARK CANOE RENTAL BUSINESS APPROVAL 8. The Committee considered Infrastructure Services Department report INS-13-048, dated April 24, 2013 recommending approval of a temporary canoe rental business in Victoria Park. Mr. G. Hummel reviewed the report, advising that Canoeing on the Grand has approached the City with a request to operate a canoe rental business from May 15, 2013 to June 30, 2013 on a trial basis in Victoria Park. In response to questions, Mr. Hummel advised that Canoeing on the Grand has agreed to accept all liability and would indemnify the City prior to renting any canoes. He stated that as part of this process, it was identified that the company would require a licence to operate this business, noting Canoeing on the Grand is amenable to the proposed licence fee of $105. for the 45 day trial period. He added the Parks by-law stipulates that no one is permitted to sell a service within a City park without Council’s approval. He clarified that nothing in the by-law prohibits someone from having their own canoe on Victoria Park Lake for personal use. At the request of Mayor C. Zehr, Mr. Hummel agreed to provide further information prior to the May 13, 2013 Council meeting as to whether liability would be specifically addressed through the terms of the licencing agreement. On motion by Councillor F. Etherington the recommendation contained in Report INS-13-048 was brought forward for consideration. Questions were raised as to whether Canoeing on the Grand would prefer to offer this service for the entire summer, rather than just a 45 day period between May and June. Mr. Hummel advised that the proponent has requested the temporary approval period in order to determine COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 6, 2013 - 48 - CITY OF KITCHENER INS-13-048 - VICTORIA PARK CANOE RENTAL BUSINESS APPROVAL (CONT’D) 8. if this proposal is viable from a business perspective. Mr. Hummel clarified that if it is found to be successful, Canoeing on the Grand would present a business case and the City would issue an expression of interest to see if any other businesses have an interest in providing this service. He noted that while the proponent would probably like to be able to operate through to the Labour Day long-weekend, this proposal was put forward as a means of determining the viability of a canoe rental business in Victoria Park. Clarification was request regarding how an extension of the trial period would impact the licencing fee. Mr. D. Chapman advised that the current fee of $105 is intended to cover one fifth of the season being the 45 day period. He added the assumption would be that the fee would be prorated based on the actual length of their operation. An amendment was brought forward by Councillor B. Vrbanovic, which was accepted as friendly, to allow the trial period to run to September 3, 2013 and to prorate the licencing fee based on the actual length that Canoeing on the Grand is operating in Victoria Park. Carried Unanimously. The following motion was voted on and On motion by Councillor F. Etherington - it was resolved: “That the request of Canoeing on the Grand to operate a temporary canoe rental business in Victoria Park for a trial period prior to September 3, 2013, be approved provided the required licence is obtained; and further, That a licence fee of $105. be charged for the initial 45 days of the trial period, with the fee to be prorated based on the actual length that Canoeing on the Grand is operating in Victoria Park.” INS-13-045 - SERVICE REDUCTION FOR GRASS MAINTENANCE ALONG REGIONAL 9. ROADS The Committee considered Infrastructure Services Department report INS-13-045, dated April 29, 2013 regarding the decision by Waterloo Regional Council to reduce the maintenance service level related to turf cutting for the 2013 season. Mr. J. Witmer reviewed the report, advising this decision was made during Regional budget deliberations as a cost cutting measure, which will result in the grass along Regional roadways and boulevards being cut only once this year. In response to questions, Mr. Witmer confirmed most people cannot distinguish between what is a City roadway and a Regional street. He stated that as per the terms of the Region of Waterloo Transportation Division Maintenance Agreement with respect to turf maintenance, the City would hire temporary staff to undertake the subject work. He added that as a result of Regional Council’s decision, the City will no longer be receiving an annual allocation of $180,000. to cover the City’s costs related to undertaking the turf maintenance. He confirmed that this would affect all lands along the Regional right-of-ways, including several prominent locations throughout the City; such as, the section in front of the Rockway Gardens. He stated it is the City’s position that there are no provisions within the existing Maintenance Agreement to allow it to be amended to accommodate the service change proposed by the Region; however, the Region disagrees with this position. He added that in the absence of such an agreement, the Region would most likely issue a tender for the required work. He advised that with respect to the City’s Property Standards by-laws, the Region has indicated that should an order be issued they would utilize Regional staff to undertake the required work. Councillor K. Galloway-Sealock suggested that legal advice should be sought on this matter prior to the May 13, 2013 Council meeting. A motion was brought forward by Councillor S. Davey requesting Waterloo Regional Council to reconsider its decision to change the service level for turf cutting and pending the receipt of legal advice, to request that they abide by the specifications of the existing Maintenance Agreement. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 6, 2013 - 49 - CITY OF KITCHENER INS-13-045 - SERVICE REDUCTION FOR GRASS MAINTENANCE ALONG REGIONAL 9. ROADS (CONT’D) Councillor Y. Fernandes commented that this decision was made by Regional Council as part of their budget deliberations process, adding that the City may need to develop a strategy to address this matter, if Regional Council were to reject the requested reconsideration. Carried The following motion was then voted on and on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway-Sealock, B. Vrbanovic, F. Etherington, D. Glenn- Graham, J. Gazzola, Z. Janecki and S. Davey voting in favour; and, Councillor Y. Fernandes voting in opposition. Councillor P. Singh was absent from this meeting. On motion by Councillor S. Davey - it was resolved: “That Waterloo Regional Council be requested to reconsider its January 16, 2013 decision to change the maintenance service level related to turf cutting for the 2013 season; and further, That subject to receiving advice from the City Solicitor prior to the May 13, 2013 Council meeting, Regional Council be further requested to abide by the specifications in the Region of Waterloo Transportation Division Maintenance Agreement with respect to turf maintenance.” INS-13-047 - GAS SITE INSPECTION 10. Councillor B. Ioannidis assumed the Chair at this time. The Committee considered Infrastructure Services Department report INS-13-047, dated April 30, 2013 recommending approval of a gas site inspection program to reassure area residents in the vicinity of the explosion and fire that destroyed a two-storey home on January 27, 2013. Mr. W. Malcolm reviewed the report, advising that up to 800 homes over a four week period would be inspected at an estimated total cost of $35,000. In response to questions, Mr. Malcolm advised that the inspections would be funded through the Kitchener Utilities Marketing budget. He confirmed the Ontario Fire Marshall’s Office has yet to identify the cause of the explosion, adding that Kitchener Utilities and the Technical Standards and Safety Association (TSSA) have checked all the natural gas supply lines in the neighbourhood; and, no concerns were found during the inspections. He stated that an independent contractor will be hired to conduct a free natural gas leak inspection on the natural gas meters and piping within the designated homes. He commented that Kitchener Utilities has received concerns and would like to reassure those residents closely impacted by the incident, that the natural gas service in their homes is safe. He estimated that the inspections would cost approximately $30. per home. Councillor J. Gazzola expressed concerns that any recommendation arising from this matter would be considered at the special Council meeting scheduled for later this date. He commented he would prefer to have additional time to consider this matter, indicating that he would be bringing forward a motion at the special Council meeting to defer consideration of the proposed gas site inspections to the May 13, 2013 Council meeting. Ms. P. Houston advised that it was requested that this be dealt with at the special Council meeting in order to facilitate having all of the inspections conducted prior to the end of June 2013. She stated that, if approved, correspondence would be sent to the 800 homeowners informing them of the free inspection. Based on responses, the residential area would be grouped into four zones, with each being assigned a designated weekend for the inspections. She noted that the first inspections would take place during the weekend of May 25, 2013. Carried The following motion was then voted on and on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway-Sealock, B. Vrbanovic, F. Etherington, and S. Davey voting in favour; and, Councillors Y. Fernandes, D. Glenn-Graham, J. Gazzola and Z. Janecki voting in opposition. Councillor P. Singh was absent from this meeting. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 6, 2013 - 50 - CITY OF KITCHENER INS-13-047 - GAS SITE INSPECTION (CONT’D) 10. On motion by Councillor K. Galloway-Sealock - it was resolved: “That staff be directed to proceed with a gas site inspection program, outlined in Infrastructure Services Department report INS-13-047, for the residential area shown in Appendix A.” ADJOURNMENT 11. On motion, the meeting adjourned at 4:27 p.m. C. Goodeve Committee Administrator