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HomeMy WebLinkAboutCouncil - 2010-02-08 SSPECIAL COUNCIL MINUTES FEBRUARY 8, 2010 CITY OF KITCHENER A special meeting of City Council was held at 2:36 p. m. this date, chaired by Mayor C. Zehr with all members present except Councillor 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. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That an in-camera meeting of City Council be held this date to consider a matter subject to solicitor-client privilege and alitigation /potential litigation matter." Carried. Councillor B. Vrbanovic gave notice that he would be introducing the following motion at the February 22, 2010 Council meeting. "WHEREAS over the past number of years, the City of Kitchener, as part of its commitment to healthy and sustainable communities, has been both updating several long-term strategies and policies in terms of leisure and recreational delivery to the residents of Kitchener (i.e. the Parks and Recreation Operational Review, the Leisure Facilities Master Plan, the Older Adult Strategy and the Youth Strategy), and has also been reviewing how to most effectively utilize its facilities based on facility availability during certain times of day; and, WHEREAS our research and Older Adult Strategy has shown and input from our residents has confirmed that we should strengthen our delivery model by further building upon or transitioning to neighbourhood community centres that serve as community resource centres and provide programming for all age groups; and, WHEREAS Kitchener Council, after hearing from many residents, recognizes that while a lack of consensus on the future of older adult programming exists, pursuing staffs initial recommendation at this time is not in the best community interest and that additional time to further study enhanced levels of service for older adults would be in the best interest of our community; BE IT NOW RESOLVED that ongoing efforts with respect to the closure of the Rockway Senior Centre be suspended; and, That the City continue working with neighbourhood associations and older adult groups towards co-ordinating and offering programming for all ages in our facilities throughout the community; and, That staff prepare a report about any maintenance and / or capital requirements necessary in the short-term for the ongoing operations of the Rockway Senior Centre facility; and further, That staff do a feasibility study and business case analysis, including public consultation to look at the long-term use of the Rockway Senior Centre site for the provision of older adult service delivery and possible other uses." The meeting then recessed at 2:39 p. m. and re-convened at 3:54 p. m., chaired by Mayor C. Zehr with all members present except Councillor J. Gazzola. Council considered Financial Services Department report FIN-10-016 (L. Gordon), dated February 2, 2010. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Expression of Interest E09-093, Consultant Services -Homer Watson Sanitary Pumping Station Upgrades, be awarded to Associated Engineering (Ont.) Ltd., Toronto, Ontario at their estimated fee of $523,469.77, including a contingency of $47,588.16 plus G.S.T. of $26,173.49 for a total of $549,643.26, based on a satisfactory contract being negotiated and an upset fee being established; and further, SPECIAL COUNCIL MINUTES FEBRUARY 8, 2010 - 40- CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Council considered Financial Services Department report FIN-10-017 (L. Gordon), dated February 4, 2010. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Expression of Interest E10-005, Consultant Services -Kitchener Memorial Auditorium & Lyle Hallman Pool Accessibility Renovations, be awarded to John MacDonald Architect inc., Kitchener at their estimated fee of $24,860., plus disbursements and G.S.T. of $1,243., for a total of $26,103." Carried. Council considered a matter arising from the Finance and Corporate Services Committee meeting held this date concerning the Infrastructure Stimulus Project. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the tenders pertaining to Infrastructure Stimulus Fund projects awarded by the Chief Administrative Officer, be acknowledged, as set out in Appendix 'C' of Financial Services Department report FIN-10-022; and further, That the Mayor and Clerk be authorized to execute any agreements pertaining to the tenders awarded with respect to Infrastructure Stimulus Fund projects provided said agreements are satisfactory to the City Solicitor." Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That pursuant to Section 34 of the Ontario Heritage Act, Heritage Permit Application HPA 2010-IV-001, be approved to permit the demolition of four buildings municipally addressed 31, 35, 39 and 45 David Street, which are located on the same property as 25 Joseph Street, in accordance with the information submitted with the application, as attached to Development and Technical Services Department report DTS-10-032, and subject to the following condition: that photo documentation of the four buildings be undertaken in accordance with the City's Photo Documentation and Recording Guidelines, and submitted to heritage planning staff prior to issuance of a building permit." Carried. The meeting then recessed at 3:56 p. m. and re-convened at 4:38 p.m., chaired by Mayor C. Zehr and with all members present except Councillor J. Gazzola. Council considered a matter arising from in-camera discussion this date regarding aplanning / development matter. Development & Technical Services Department report DTS-10-047 recommending adoption of an Interim Control By-law, was circulated to members of Council. Mr. A. Pinard, Interim Director of Planning, provided a brief review of the staff report advising that the report contains atwo-part recommendation, the first to re-affirm Council's commitment to a Southwest Urban Area Studies as outlined in the approved Kitchener Growth Management Plan and secondly, that an Interim Control By-law to temporarily prohibit development, other than the existing use of land, buildings or structures, on lands that are subject to the Southwest Urban Area Studies. Mr. Pinard explained that further to Council direction in 2009, staff has hired the Planning Partnership to undertake much of the Southwest Urban Area Studies and since that time, two property owners have SPECIAL COUNCIL MINUTES FEBRUARY 8, 2010 - 41- CITY OF KITCHENER appealed their development applications to the Ontario Municipal Board (OMB). Mr. Pinard advised there is a possibility of more appeals to the OMB which could disrupt the City's plan to complete the studies by June 2011. In order to mitigate the impact on City resources to complete the studies and to ensure that all landowners in the studies' area are treated equitably, it is being proposed an Interim Control By-law be adopted to temporarily prohibit any new development applications until the studies have been completed. Mr. Pinard added that in addition the Interim Control By-law will provide a deadline to complete these studies. Mr. Pinard further advised that without the Interim Control By- law, there is a risk that more appeals will be submitted to the OMB creating two groups of property owners going through two different planning processes, apiece-meal approach through the OMB and the normal planning process dealing with all properties within the study area at the same time. He pointed out there are seven properties within the study area that are not part of the proposed Interim Control By-law due to the fact that two properties are already before the OMB and therefore cannot be subject to the by-law and five smaller properties are already zoned, serviced and ready for development. He added that subjecting the five smaller properties to the Interim Control By-law would in fact remove their right to proceed at this time. Councillor G. Lorentz requested clarification on the properties exempted from the proposed Interim Control By-law and in particular, the location of the two properties that have filed appeals to the OMB. Mr. Pinard advised the two appellants are shown on the map identified as the Trussler South East Area and essentially the lands are owned by Mattamy Homes and RioCan Property Services Inc. Mr. Pinard pointed out that with respect to the two appellants, it was Mattamy Homes that submitted the first appeal and RioCan Property Services had filed their appeal only to protect their interest as a result of the appeal by Mattamy Homes. Councillor B. Vrbanovic asked why this is an urgent matter and that no notice of this meeting had been given to the property owners. Mr. J. Willmer, Interim General Manager, Development & Technical Services Department, advised it is a matter of timing in that any of the property owners knowing an Interim Control By-law was to be passed could submit their development applications in advance which would eventually result in an appeal to the OMB. Mr. Pinard added that under the Planning Act no notice is required for an Interim Control By-law. Councillor K. Galloway asked if the City would be in the same situation in one year's time when the Interim Control By-law comes due and these studies are not completed. Mr. Pinard advised that although the studies may not be completed, they will be close to being finalized and at that time Council can pass a by-law to extend interim control for up to one year. He further advised that the Interim Control By-law is appealable and staff is expecting an appeal to the by-law but feel confident it can be successfully defended. Mr. Pinard added should Council adopt the recommendation and pass the by-law, staff will be contacting the landowners immediately following this meeting to provide information including how the by-law will benefit all the landowners in the study area. Councillor Vrbanovic asked if implementing the by-law now will give the seven exempt property owners an advantage with respect to developing their properties. Mr. Pinard advised that most of the properties are small and not in direct competition with the larger developers and, the two larger properties are the ones before the OMB therefore must be exempt from the by-law. Councillor Vrbanovic asked if staff had any sense of timing when the appeals to the OMB will be completed. Ms. L. MacDonald, City Solicitor, advised the first phase of the appeal is to be heard in April 2010 and if not successful, the second phase would take place in the fall therefore, it is not expected that a decision would be made by the OMB until the end of the year. In regards to the possible appeal of the Interim Control By-law, Ms. MacDonald suggested it could be heard sometime in late summer or early fall 2010. Councillor Galloway asked if the Interim Control By-law would affect the planned development of the Williamsburg Cemetery or property improvements on any of the lands within the study area affected by the By-law. Mr. Pinard advised that, in his opinion, the Williamsburg Cemetery would not be impacted by the By-law and in regard to property improvements, there should not be any impact as long as the improvements do not require planning approval. In answer to questions raised regarding the Planning Act and implementing an Interim Control By-law, Ms. MacDonald advised that the by-law would be in effect for one year, that Council could adopt a by-law to extend it for a further one year and that no further Interim Control By-law may be placed on the affected properties for a period of three years. Mr. Pinard added that staff was of the opinion there would be no need for a further Interim Control By-law as this is the last greenfield area that has not yet been planned. Mayor C. Zehr suggested that the actions by RioCan Property Services to follow Mattamy Homes' lead in submitting an appeal to the OMB exemplifies the risks involved should Council not adopt an Interim Control By-law. He added that the by-law will allow the City to take back the planning process rather than having apiece-meal process as the OMB deals with each appeal individually. Councillor G. Lorentz asked if it is planned to have the macro plans for the area completed during 2011. Mr. Pinard stated that was the plan and advised that under the Kitchener Growth Management Plan, those properties identified as 'C' and 'D' properties which include all properties, within the proposed Interim SPECIAL COUNCIL MINUTES FEBRUARY 8, 2010 - 42- CITY OF KITCHENER Control Area, cannot proceed with development plans until the macro plans are in place. Councillor Galloway suggested that the communication plan as outlined by Mr. Pinard whereby property owners would be notified immediately following this meeting should Council decide to adopt the by-law is extremely important as it maintains the relationship the City has currently with the development industry. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That Council reaffirms its commitment to the Southwest Urban Area Studies outlined in the approved Kitchener Growth Management Plan (KGMP); and further, That an Interim Control By-law for the purpose of temporarily prohibiting anything other than the existing use of land, buildings or structures on lands that are subject to the Southwest Urban Area Studies, be approved in the form shown in the "Proposed By-law" dated February 8, 2010, attached to report DTS-10-047." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, K. Galloway, G. Lorentz and C. Weylie. Contra: Nil Absent: Councillor J. Gazzola Motion Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "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) Being an Interim Control By-law respecting planning studies in the south west area of Kitchener. (By-law No. 2010-032) (b) To confirm all actions and proceedings of the Council. (By-law No. 2010-033)." Carried. On motion the meeting adjourned at 5:48 p. m. MAYOR CLERK