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HomeMy WebLinkAboutCouncil - 2015-03-09 S SPECIAL COUNCIL MINUTES MARCH 9, 2015 CITY OF KITCHENER A special meeting of City Council was held at 12:14 p.m. this date, chaired by Mayor B. Vrbanovic with all members present except Councillors F. Etherington, K. Galloway-Sealock, Z. Janecki and J. Gazzola. 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. 1. IN-CAMERA MEETING AUTHORIZATION Moved by Councillor B. Ioannidis Seconded by Councillor S. Davey “That an in-camera meeting of City Council be held this date to consider a litigation / potential litigation matter which is also subject to solicitor-client privilege.” Carried. The meeting then recessed at 12:15 p.m. and re-convened at 1:05 p.m. chaired by Mayor B. Vrbanovic with all members present except Councillors F. Etherington, K. Galloway-Sealock, J. Gazzola, and Z. Janecki. 2. HERITAGE KITCHENER REPORT Moved by Councillor Y. Fernandes Seconded by Councillor S. Marsh “That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2015-V-001 be approved to permit alterations to the front façade, including: the previously demolished front porch and upper balcony; the previously removed front door and bay window; the previously enlarged bay window opening; the conversion of two door openings to windows; the conversion of the bay window opening to a door; and, the construction of a single storey porch with shed roof, at the property municipally addressed as 71 Ahrens Street West, in accordance with the supporting information submitted with the application and subject to the following condition: i) That the final building permit drawings be reviewed and heritage clearance provided by heritage planning staff prior to the issuance of a building permit.” - and - “That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2015-IV-002 be approved to permit the installation of solar panels and a geothermal system, at the property municipally addressed as 80 Woolner Trail, in accordance with the supporting information submitted with the application and subject to the following conditions: i) That the solar panels feature black cells and black frames; and, ii) That the final building permit drawings be reviewed and heritage clearance provided prior to the issuance of a building permit; and further, iii) That temporary fencing be installed adjacent to the barn, silo and trees to the satisfaction of heritage planning staff in consultation with environmental planning staff prior to commencing work on site.” - and - “That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2014-V-033 to permit painting of the previously unpainted brick to a black colour at the property municipally addressed as 64-66 Weber Street West be refused.” Carried. SPECIAL COUNCIL MINUTES MARCH 9, 2015 - 41 -CITY OF KITCHENER 3. TENDERS Councillor P. Singh declared a pecuniary interest with regards to Tender T15-003 Stirling Avenue South Road Reconstruction, as he owns property in the vicinity of the work. Moved by Councillor S. Davey Seconded by Councillor P. Singh “That Tender T14-106 Delisle Avenue (Moore Avenue to Dekay Street) and Peltz Avenue (Moore Avenue to Waterloo Street) Road Reconstruction, be awarded to Terracon Underground Ltd., Brantford, Ontario at their tendered price of $1,316,366.70, including provisional items and contingencies of $121,280., plus H.S.T. of $171,127.67 for a total of $1,487,494.37.” - and - “That Tender T15-004 Brick Street and Rosedale Avenue Road Reconstruction, be awarded to Terracon Underground Ltd., Brantford, Ontario at their tendered price of $758,429.79, including provisional items and contingencies of $76,397., plus H.S.T. of $98,595.87, for a total of $857,025.66.” - and - “That Expression of Interest E15-006 Consulting Services for Drainage Act Petition, be awarded to K. Smart Associates Ltd., Kitchener, Ontario at their estimated fee of $25,982., including contingencies of $2,362. plus H.S.T. of $3,377.66, for a total of $29,359.66, based on a satisfactory contract being negotiated and an upset fee being established.” Carried. Moved by Councillor S. Davey Seconded by Councillor B. Ioannidis “That Tender T15-003 Stirling Avenue South Road Reconstruction (Russel Street to Mill Street), be awarded to Sousa Concrete, Branchton, Ontario at their tendered price of $695,473.50, including provisional items and contingencies of $60,623., plus H.S.T. of $90,411.56, for a total of $785,885.06.” Carried. Pecuniary Interest and Abstention: Councillor P. Singh as he owns property in the vicinity of the work. The meeting then recessed at 1:27 p.m. and re-convened at 1:32 p.m. chaired by Mayor B. Vrbanovic with all members present except Councillors F. Etherington, K. Galloway-Sealock, J. Gazzola, and Z. Janecki. 4. CAO-15-011 – PROGRESS UPDATE FOR CENTRE IN THE SQUARE MANDATE PROJECT Council considered Chief Administrator’s Office report CAO-15-011 (R. Regier), dated February 25, 2015, providing a status update as to the August 2014 direction to staff to revisit the mission and mandate for the Centre in the Square (CITS). Ms. S. DiDonato, Manager, Arts/Culture, reviewed the report advising the purpose of this item was to obtain feedback on the approach that will be used to prepare the report on the CITS mandate intended to come forward to the March 30, 2015 Finance and Corporate Services Committee meeting. Ms. Adele Dobkowski and Mr. Richard Mortimer, ArtsBuild Ontario, were in attendance and presented an overview of the consultation that was undertaken to gain insight into stakeholder and public opinions on CITS. Ms. Dobkowski indicated over 8,000 responses were received; 3,400 of which from Kitchener residents. She advised respondents identified they want CITS to offer interesting SPECIAL COUNCIL MINUTES MARCH 9, 2015 - 42 -CITY OF KITCHENER programs, regardless of where the artists come from. Additionally, they thought CITS should primarily serve working age adults and families secondarily. She stated that in distilling the various options the two extremes, purely a commercial venue and a regional hub for arts, culture, education and outreach, were eliminated. She noted the focus is now on mid-range options to find the most appropriate balance between commercial and community benefit. She outlined that guidance was being sought as to any additional implications Council would like to see addressed as part of the mandate report and if a recommendation should be put forward or just options for consideration. Council requested information as to the potential implications related to the benefits and challenges of each option being presented for the future of CITS and to rank each option as to suitability. While not within the scope of the work being conducted, the issue of CITS being a regional facility funded solely by the City of Kitchener is required as a part of this process. Questions were raised as to whether the financial implications of the options for moving forward th would be incorporated in the March 30 report. Ms. Dobkowski identified that a detailed financial analysis was included as part of the Webb report presented in August 2014. She added the March th 30 report would provide a range of financial implications, but not a detailed analysis. She stated the th March 30 report will include a 12-month action plan, proposing the pursuit of financial analysis and business plans to validate the costs related to the future of CITS. Council indicated a preference would have been for the public consultation to have included the th financial implications associated with each of the options being presented on March 30. Mr. Mortimer advised as part of the consultation process it was assumed all respondents were aware of the City’s financial contributions to CITS and the City’s financial investments would continue in the future. He added the level of those investments is a decision that will need to be considered by Council. Ms. Dobkowski further advised that one aspect of establishing a mandate is identifying what the City would like to see happen with CITS going forward. She stated Ms. C. Fletcher, Director of Facilities Management, is in the process of developing a capital plan which will outline the capital costs that will need to be invested in the facility. Additional information was asked to be provided identifying the costs associated with putting an act on the stage at CITS including how shows are budgeted; such as, the capacity needed in order for a show to be profitable. Ms. Dobkowski advised that cost structure is one of the long-term recommendations that will be put forward for consideration. Questions were raised regarding the demographics of the survey respondents. Ms. Dobkowski indicated they could provide demographic information based on the number of respondents per ward as well as a breakdown of non-Kitchener residents. Mayor B. Vrbanovic requested demographic information also be provided regarding the respondents age and employment/income. Additionally, he suggested it would be helpful to have information outlining how other municipalities have handled similar situations to the one being experienced by CITS. Council expressed consensus that various options should be put forward for consideration when the CITS mandate report is presented at the March 30, 2015 Finance and Corporate Services Committee meeting. The meeting then recessed at 2:51 p.m. and re-convened at 8:54 p.m., chaired by Mayor B. Vrbanovic with all members present except Councillors F. Etherington, K. Galloway-Sealock, Z. Janecki and J. Gazzola. 5. ZONE CHANGE 14/04/L/AP – GRAND RIVER SOUTH COMMUNITY PLAN AMENDMENT – FAIRWAY ROAD NORTH AT LACKNER BLVD Council considered a recommendation arising from the Planning and Strategic Initiatives Committee meeting held earlier this date. Moved by Councillor P. Singh Seconded by Councillor B. Ioannidis “A. That Zone Change Application ZC14/04/L/AP (Fairway Rd/Lackner Blvd; Waterloo Region District School Board) for the purpose of changing the zoning from Neighbourhood Shopping Centre (C-2) and Residential Nine (R-9) with special provisions 1R, 176R and 10HSR to Mixed Use (MU-2) with special provisions 1R, 443U, 662R, 74H and revised 10HSR, Open Space (P-2) and Hazard Land (P-3) on the SPECIAL COUNCIL MINUTES MARCH 9, 2015 - 43 -CITY OF KITCHENER lands specified on the attached Map Nos. 1 and 2, in the form shown in the “Proposed th By-law” dated March 9, 2015 attached to Community Services Department report CSD-15-016 as Appendix ‘B’, be approved; and, B. That the Grand River South Community Plan be amended as follows: i) Delete Policies 5.6 and 6.1 and renumber the remaining policies accordingly; ii) Remove the word ‘Service’ from Policy 6.2; iii) Add new Section 15.0 Mixed Use with the following new Policy: 15.1 That a Mixed Use site be located at the northeast corner of Fairway Road and Lackner Boulevard. This site is within a Node and is expected to function as a community-scale focal point. In that regard, a mixture of transit-supportive uses is intended and shall be designed to be transit-and pedestrian-oriented. The emphasis is on creating a walkable, neighbourhood unit internal to the site, but with enhanced connections for all modes of travel to the surrounding area. Retail and other neighbourhood-scale, pedestrian-oriented commercial uses are important for the planned function of the site, especially a mid-size food store or components thereof. Primarily auto-oriented uses may not be appropriate for this site. Multiple dwellings are the only type of residential use permitted and mixed use buildings are strongly encouraged. The minimum density to be achieved using a ‘phased approach’ over the long-term is 150 residents and jobs per hectare with a Floor Space Ratio of 1.0. Full build-out of the site may require confirmation of adequate sanitary sewer infrastructure. The built form may be organized on the site in accordance with an approved Urban Design Study. Building heights may be influenced by airport regulations, shadow studies and angular plane analysis. Buildings may be required to have pedestrian- scale podiums, building stepbacks, façade height regulations or other regulations to ensure a pedestrian-oriented design internal to the site. In this instance, an elementary school located internal to the site may be permitted. iv) That Land Use Plan Schedule 1 be amended, as shown on Schedule ‘A’ attached to Report CSD-15-016 as Appendix ‘C’, to: a. Redesignate the lands at the northeast corner of Fairway Rd/Lackner Blvd from Neighbourhood Commercial and High Rise Multiple Residential to Mixed Use and Open Space; b. Relocate the “E” Elementary School Site symbol from the institutional lands near the Grand River to the lands at the northeast corner of Fairway Rd./Lackner Blvd; c. Redesignate the Neighbourhood Institutional site that is closest to the Grand River as Low Density Residential; and, C. That staff initiate a review to comprehensively revise or repeal the Grand River South Community Plan since the Grand River South Community is planned and substantially developed and a new Official Plan has been adopted; and, D. That the Urban Design Study for the northeast corner of Fairway Rd/Lackner Blvd, dated January 2015, attached to Report CSD-15-016 as Appendix ‘D’, be approved and provide the basis for future site plan design. Minor changes to the Urban Design Study (i.e. internal site walkway or parking design, minor shifting of buildings, entrance/gateway design, clarification of design principles/guidelines, etc.) will be to the satisfaction of the Director of Planning and major changes (i.e. significant changes to building form especially along the internal road, changes to the school drop-off areas, major changes in building height, etc.) will be to the satisfaction of Council; and, E. That in support of our collective Pedestrian Charters, Active Transportation Plans, and Safe and Active Routes to School program, Regional Council and staff be requested to work with the City of Kitchener and Waterloo Region District School Board to: SPECIAL COUNCIL MINUTES MARCH 9, 2015 - 44 -CITY OF KITCHENER i) install an Intersection Pedestrian Signal (IPS), a pedestrian refuge island and provide a minimum 15 metre separation between the traffic signal and the vehicle stop bar from the intersection of Lackner Blvd. and Corfield Rd. to coincide with the opening date of any school at Fairway Rd/Lackner Blvd; ii) consider a pedestrian activated signal or other suitable or comparable traffic control device at the intersection of Fairway Rd and Pebblecreek Dr/Upper Mercer St; iii) consider, in any future intersection design and work at Fairway Rd/Lackner Blvd, treatments that give some priority to pedestrians including alternate crosswalk locations, and/or enhanced pedestrian signage, pedestrian activated signals, prepare to stop at traffic signals ahead sign (with amber flashers), and/or vehicle stop-bar/yield markings that are a minimum of 5-15 metres from a crosswalk; and, F. That a Community Trail/Primary Walk Link from Country Clair Street to the site at the northeast corner of the Fairway Rd/Lackner Blvd (which would also connect to the future Idlewood Cr trail) be added to the City’s Capital Budget Forecast (utilizing Development Charges funding) for design options and related study in 2016 and construction and any mitigation to coincide with the opening date of any school at Fairway Rd/Lackner Blvd; and, G. That the landowner of the northeast corner of Fairway Rd/Lackner Blvd complete all recommendations from the technical studies submitted and amended as part of application ZC14/04/L/AP including finalizing water management requirements related to Preliminary Servicing and Stormwater Management Report, Stantec Consulting Ltd the Fairway Road/Lackner Boulevard Environmental Impact Study, Stantec and the Consulting Ltd. which contains recommendations from the Region’s Ecological & Environmental Advisory Committee and requires an updated environmental inventory prior site plan approval; and further, H. That the City of Kitchener and Waterloo Region District School Board formally pursue shared facility discussions for the community to utilize space within and/or on any school site at the northeast corner of Fairway Rd/Lackner Blvd for programming and events.” Carried. 6. BY-LAWS FOR THREE READINGS Council agreed to the request of Ms. D. Livingstone, Committee Administrator, to add an additional by-law for three readings this date related to the zone change amendment for lands located at the corner of Fairway Road and Lackner Boulevard. Moved by Councillor B. Ioannidis Seconded by Councillor S. Davey “That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. a. To confirm all actions and proceedings of the Council. (By-law No. 2015-019) b. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener – Waterloo Region District School Board – Northeast Corner of Fairway Road and Lackner Boulevard. (By-law No. 2015-020).” Carried. On motion the meeting adjourned at 8:59 p.m. MAYOR CLERK