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HomeMy WebLinkAboutCouncil Minutes - 2020-02-24COUNCIL MINUTES FEBRUARY 24, 2020 CITY OF KITCHENER The Council of the City of Kitchener met this date at 7:10 p.m. with all members present, except for Councillor B. loannidis. 1. COMMENCEMENT — The meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada". 2. MINUTES — On motion by Councillor M. Johnston, the minutes of the regular meeting held January 27, 2020 and special meetings held January 20 & 27, 2020 as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF— NIL 4. COMMUNICATIONS REFERRED TO FILE— a. ILE— a. Flag Request under Policy MUN-FAC-442: • Irish Real Life Festival — March 6 - 17. 2020. 5. PRESENTATIONS — Mayor B. Vrbanovic presented Certificates of Service to citizens who had completed volunteer service on advisory committees / boards for a period of 2 years or more. Mayor B. Vrbanovic also presented Awards of Merit to citizens who have completed volunteer service on advisory committees / boards for a period of 5 years or more. Certificates of Service Judy Allred, Arts and Culture Advisory Committee Julie Soulis, Arts and Culture Advisory Committee Leyton Collins, Compass Kitchener Jeff Brown, Compass Kitchener Erich Bliefert, Cycling and Trails Advisory Committee Marcus Drasdo, Cycling and Trails Advisory Committee Britton Jenner, Cycling and Trails Advisory Committee Laura Paprocki, Cycling and Trails Advisory Committee Bryan Gracan, Downtown Action Advisory Committee Margaret Johnston, Economic Development Advisory Committee / Property Standards Committee Katarina Milicic, Environmental Advisory Committee Jordan Gray, Environmental Advisory Committee Erin Kelly, Environmental Advisory Committee Slavko Miladinovic, Heritage Kitchener Kristy Schneider, Property Standards Committee Bruce Gordon, Centre in the Square Board of Directors Awards of Merit Shirley Madill, Arts and Culture Advisory Committee Terry Boutilier, Cycling and Trails Advisory Committee / Property Standards Committee Tia Driver, Environmental Advisory Committee Stacey Danckert, Environmental Advisory Committee Steve Burrows, Environmental Advisory Committee Stephen Thomson, Heritage Kitchener Christina Rooney, Property Standards Committee Elizabeth Clarke, Safe and Healthy Community Advisory Committee Tim Blundon, Kitchener Public Library Board Wayne Buchholtz, Kitchener Public Library Board Jaqueline McLaren, Kitchener Public Library Board COUNCIL MINUTES FEBRUARY 24, 2020 -34- CITY OF KITCHENER 6. DELEGATIONS — 6. a Wheat Lane Mayor B. Vrbanovic advised that notice had been given for any member of the public to speak for or against a by-law to name a private road located on Block 1, Plan 58M-632 fronting John Wallace Drive as Wheat Lane, listed as Items 11.a. and 14.a. Moved by Councillor M. Johnston Seconded by Councillor D. Schnider "That leave be given the Mover and Seconder to introduce the following by-law, namely being a by-law to name a private road as Wheat Lane, in the City of Kitchener. Carried. 6. b Woodedge Circle, Woodlea Court, and Woodmeadow Court Mayor B. Vrbanovic advised that notice had been given for any member of the public to speak for or against a by-law to name private roads located within a proposed vacant land condominium development at 15 Tartan Avenue as Woodedge Circle, Woodlea Court, and Woodmeadow Court, listed as Items 11.b. and 14.b. Moved by Councillor D. Chapman Seconded by Councillor S. Davey "That leave be given the Mover and Seconder to introduce the following by-law, namely being a by-law to name private roads as Woodedge Circle, Woodlea Court and Woodmeadow Court in the City of Kitchener. Carried. 6. c 155 and 169 Borden Avenue North Mr. P. Chauvin, MHBC Planning, and Ms. H. Campbell, Vive Development Corp., were in attendance to speak in support of the proposed Zoning By-law Amendment Application and the proposed Official Plan Amendment Application for 155 and 169 Borden Avenue North, outlined as Item 1 under the Planning and Strategic Initiatives Committee report dated January 13, 2020. In response to questions, Ms. Campbell advised a reduction in height of the proposed development would reduce the number of units by 22. Ms. C. Tremblay was in attendance to speak in opposition to the proposed Application for 155 and 169 Borden Avenue North. Ms. Tremblay highlighted the maximum number of units per hector and floor- space ratio prescribed in the Office Plan, and noted concerns with over -development; excessive scale; destabilization of the stock of housing in the neighbourhood; the environmental impact including reduction of trees; and increased vehicular traffic. Ms. M. Bowman was in attendance to speak in support of the proposed Application for 155 and 169 Borden Avenue North. Ms. Bowman highlighted the affordable housing crisis and noted a lack of mid - rise development throughout the city. Mr. F. Kurucz was in attendance to suggest amending the proposed design of the building to relocate one floor from the back portion of the proposed development to the front of the building to ease the impact on neighbouring residential properties. In response to questions, Mr. G. Stevenson, Planner, confirmed the current zoning for the subject property permits a maximum height of eight stories. Mr. Stevenson indicated Transportation Services staff have determined a traffic study is not required for this development based on the anticipated impact on traffic flow during peak periods. In response to questions, Mr. L. Robertson, NEO Architecture Inc., suggested it would not be advisable to amend the building design to have six stories at the front and four at the back of the development. COUNCIL MINUTES FEBRUARY 24, 2020 -35- CITY OF KITCHENER A recorded vote was requested Moved by Councillor S. Marsh Seconded by Councillor D. Chapman "That Official Plan Amendment Application OP19/001/B/GS for 169 Borden Inc., Joseph Castello, & Laurie Castello requesting a change in designation from Low Rise Residential and Institutional to Medium Rise Residential with Site Specific Policy Area 51 to permit a six storey multiple dwelling development on the parcel of land specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -20-001 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA19/001/B/GS for 169 Borden Inc., Joseph Castello, & Laurie Castello requesting a change from Residential Six (R-6) and Neighbourhood Institutional (INS -1) to Residential Eight with Special Regulation Provision 753R for the parcels of land specified and illustrated on Map No. 1, be approved as amended in the "Proposed By- law" as circulated to the Committee on January 9, 2020, dated November 27, 2019, outlined in Report DSD -20-001, and receive three readings once By-law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA19/001/B/GS; and further, That the Urban Design Brief dated September 2019, prepared by MHBC Planning for Vive Development Corporation, and attached to Report DSD -20-001 as Appendix `C', be adopted, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process." In Favour: Mayor B. Vrbanovic, and Councillors P. Singh, S. Davey, M. Johnston, D. Schnider, K. Galloway-Sealock and C. Michaud. Contra: Councillors J. Gazzola, D. Chapman and S. Marsh. Absent: Councillor B. loannidis Carried on a recorded vote. 6. d Anti -Idling By-law Councillor M. Johnston has given notice that she will introduce a motion for consideration this date to direct staff to complete a municipal scan on best practices and by-laws related to anti -idling, and to report back on recommendations on the possibility of passing such a by-law to regulate/enforce the behaviour within the City. Ms. H. Popazzi was in attendance to speak in favour of an anti -idling by-law. Ms. G. MacNeil, Director, By-law Enforcement, was in attendance to respond to questions from Council. In response the questions, Ms. MacNeil advised both the cities of Waterloo and Cambridge limit idling to 1 and 3 minutes, respectively. A recorded vote was requested. Moved by Councillor M. Johnston Seconded by Councillor P. Singh "WHEREAS the City of Kitchener has adopted a Strategic Plan, which includes Environmental Leadership as one of the five key themes; and, COUNCIL MINUTES FEBRUARY 24, 2020 -36- CITY OF KITCHENER WHEREAS the City of Kitchener is committed to being a local leader in supporting the implementation of the United Nations 17 Sustainable Development Goals (SDGs), to achieve a better and more sustainable future for all; and, WHEREAS the City of Kitchener has an approved Community Climate Action Plan, which is a community -level strategy to reduce greenhouse gas emissions by 6% by 2020 and includes measures on anti -idling; and, WHEREAS the City of Kitchener has approved a new community climate action greenhouse gas reduction target of 80% by 2050; and, WHEREAS motor vehicles are sources of particulate matter, nitrogen oxide, carbon monoxide, sulfur oxide, volatile organic compounds and greenhouse gas emissions; and, WHEREAS if Canadian motorists avoided idling for just three minutes every day of the year, CO2 emissions could be reduced by 1.4 million tonnes annually, which is equivalent to taking 320,000 cars off of the road for the entire year; and, THEREFORE IT BE RESOLVED that staff be directed to complete a municipal scan on best practices and By-laws that have been adopted by other municipalities related to anti -idling; BE IT FINALLY RESOLVED that staff be directed to report back on review, including a recommendation on the possibility of the passing an anti -idling By-law to regulate/enforce the behavior within the City." Carried unanimously on a recorded vote by all members present. 7. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE — JANUARY 13, 2020 Moved by Councillor S. Marsh Seconded by Councillor D. Schnider "That the balance of the Planning and Strategic Initiatives Committee report, dated January 13, 2020, be deferred to a future Council meeting once updated information from the applicant is received by city staff." A recorded vote was requested. In Favour: Mayor B. Vrbanovic, and Councillors J. Gazzola, P. Singh, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock and C. Michaud. Contra: Councillor S. Davey. Absent: Councillor B. loannidis Carried on a recorded vote. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a Anti -idling By-law Dealt with under Delegations. 10. QUESTIONS AND ANSWERS— NIL 11. BY-LAWS (FIRST READING) — COUNCIL MINUTES FEBRUARY 24, 2020 -37- CITY OF KITCHENER Moved by Councillor D. Schnider Seconded by Councillor "That leave be given the Mover and Seconder to introduce the following by-laws, namely: a. Being a by-law to name a private road as Wheat Lane, in the City of Kitchener. (Dealt with under Delegations) b. Being a by-law to name private roads as Woodedge Circle, Woodlea Court and Woodmeadow Court in the City of Kitchener. (Dealt with under Delegations) C. Being a by-law to exempt certain lots from Part Lot Control - Lots 6 and 7, Registered Plan 58M-474 — Iron Gate Street. (Re-application of expired Part Lot Control Exemption By-law 2010-202). d. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. e. To further amend By-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (Amends Schedules 1 and 2). f. To confirm all actions and proceedings of the Council. Carried. 12. COMMITTEE OF THE WHOLE — On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor M. Johnston as Chair. 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. Tenders A recorded vote was requested for Tender T19-177 City Hall Open Space Reconstruction Project. It was resolved: "That Tender T20-002 Road Improvements, Road Surface Construction, Miscellaneous Asphalt and Concrete Work, be awarded to Ekum-Sekum Incorporated o/a Brantco Construction, Cambridge, Ontario, at their tendered price of $4,778,761.06, including contingencies of $200,000.00, plus H.S.T. of $621,238.94, for a total of $5,400,000.00." - and - "That Tender T20-012 Hoffman Street (Ottawa Street South to East End) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $2,029,286.44, including provisional items and contingencies of $118,171.75, plus H.S.T. of $263,807.24., for a total of $2,293,093.68." - and - COUNCIL MINUTES FEBRUARY 24, 2020 -38- CITY OF KITCHENER "That Tender T19-177 City Hall Open Space Reconstruction Project, be awarded to Heritage Restoration Inc., Stouffville, Ontario, at their adjusted tendered price of $10,688,013., including provisional items and contingencies of $700,303., plus H.S.T. of $1,389,441.69, for a total of $12,077,454.69." Paragraph 3 (Tender T19-177) — Carried on a recorded vote. In Favour: Mayor B. Vrbanovic, and Councillors P. Singh, S. Davey, M. Johnston, D. Schnider, D. Chapman, S. Marsh, K. Galloway-Sealock and C. Michaud. Contra: Councillor J. Gazzola Absent: Councillor B. loannidis. 2. COR -20-002 — Prohibited Dog Designation Appeal - Meadus It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Keantel Meadus, wherein the Committee affirms the Prohibited Dog Designation applied to her dog `Mack' by the Humane Society of Kitchener Waterloo & Stratford Perth, be ratified and confirmed." 3. COR -20-003 — Appointments to Arts and Culture Advisory Committee, Economic Development Advisory Committee, and Heritage Kitchener It was resolved: "That Isabella Stefanescu and Nichole Martin be appointed as the two Arts Organization representatives for the Arts and Culture Advisory Committee for the term ending November 30, 2020; and, That Giuseppe (Joe) Curto be appointed as the Downtown Retail representative on the Economic Development Advisory Committee for a term ending November 30, 2020; and finally, That Donny Vongphakdy be appointed as the representative for the Victoria Park Heritage Conservation District for Heritage Kitchener for a term ending November 30, 2020." 4. DSD -19-253 —Brownfield Remediation Application Program —270 Spadina Road East It was resolved: "That the Brownfield Remediation Program Application for 270 Spadina Road East, received from 270 Spadina Kitchener Inc. dated December 12, 2018 be approved subject to the Region of Waterloo's approval; That in exchange for a completed and filed Record of Site Condition for the subject property, the owner will be provided a tax incremental grant on the redevelopment of the property in the form of a rebate issued on a proportionate basis, annually for a period not to exceed 10 years on City taxes in an amount equal to 100% of the City Tax Increment; That the City Tax Increment be defined as the difference between the City portion of real property taxes for the 2018 taxation year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project as compensation for the remediation of the above subject lands; and, COUNCIL MINUTES FEBRUARY 24, 2020 -39- CITY OF KITCHENER That the City property tax grant is estimated to be $694,540, based on today's estimated City tax increment; payable in equal portions over a 10 year period following re- assessment by MPAC, but subject to adjustment at the time the City Tax Increment is actually calculated following completion of the project and the property is re -assessed by MPAC; and, That the Region of Waterloo Brownfield Coordinator be circulated a copy of any decision made by Kitchener City Council regarding this Application; and further, That the Mayor and Clerk be authorized to execute an Agreement, subject to the satisfaction of the City Solicitor, with the Region of Waterloo and 270 Spadina Kitchener Inc., to implement the provisions of the Brownfield Remediation Program Application for 270 Spadina Road East, as outlined in the Development Services Department Report DSD 19-253." 5. Land Acquisition/Disposition It was resolved: "That Council authorize the CAO to execute any documentation to acquire or dispose of property to facilitate engineering infrastructure as outlined in the in -camera meeting of February 24, 2020." 13. REPORT OF THE COMMITTEE OF THE WHOLE — On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the chair. Moved by Councillor M. Johnston Seconded by Councillor P. Singh "That the proceedings and 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. 14. BY-LAWS (THIRD READING) — Moved by Councillor K. Galloway-Sealock Seconded by Councillor C. Michaud "That the by-laws by given third reading, namely: a. Being a by-law to name a private road as Wheat Lane, in the City of Kitchener. (By-law No. 2020-016) b. Being a by-law to name private roads as Woodedge Circle, Woodlea Court and Woodmeadow Court in the City of Kitchener. (By-law No. 2020-017) C. Being a by-law to exempt certain lots from Part Lot Control - Lots 6 and 7, Registered Plan 58M-474 — Iron Gate Street. (Re-application of expired Part Lot Control Exemption By-law 2010-202). (By-law No. 2020-018) d. 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. 2020-019) FEBRUARY 24, 2020 COUNCIL MINUTES - 40 - CITY OF KITCHENER e. To further amend B -law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (Amends Schedules 1 and 2). (By-law No. 2020-020) To confirm all actions and proceedings of the Council. (By-law No. 2020-021) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:35 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 24, 2020 -41- CITY OF KITCHENER 1:7:11as] :i&yi1Ills] i11:111l:Y016 1101[ylI PLANNING & STRATEGIC INITIATIVES COMMITTEE — JANUARY 13, 2020 1. That Official Plan Amendment Application OP19/001/B/GS for 169 Borden Inc., Joseph Castello, & Laurie Castello requesting a change in designation from Low Rise Residential and Institutional to Medium Rise Residential with Site Specific Policy Area 51 to permit a six storey multiple dwelling development on the parcel of land specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -20-001 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA19/001/B/GS for 169 Borden Inc., Joseph Castello, & Laurie Castello requesting a change from Residential Six (R-6) and Neighbourhood Institutional (INS -1) to Residential Eight with Special Regulation Provision 753R for the parcels of land specified and illustrated on Map No. 1, be approved as amended in the "Proposed By- law" as circulated to the Committee on January 9, 2020, dated November 27, 2019, outlined in Report DSD -20-001, and receive three readings once By-law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA19/001/B/GS; and further, That the Urban Design Brief dated September 2019, prepared by MHBC Planning for Vive Development Corporation, and attached to Report DSD -20-001 as Appendix `C', be adopted, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process. Dealt with under Delegations. Carried on a recorded vote. That consideration of the following recommendation be deferred to a future Council meeting, once updated information from the applicant is received by city staff: 'That Official Plan Amendment Application OP15/05/F/GS for Milan Kovacevic, Dean Kovacevic, & Keystone Property Developments Inc. requesting a change in designation from Low Rise Residential and Medium Rise Residential to Medium Rise Residential with Site Specific Policy Area 52 to permit a ten storey multiple dwelling development on the parcel of land specified and illustrated on Schedule A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD 20-002 as Appendix A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZC 1510151FIGS for Milan Kovacevic, Dean Kovacevic, & Keystone Property Developments Inc. requesting a change from Residential Three (R-3) and Residential Eight (R-8) to Residential Eight with Special Regulation Provision 752R on the parcel of land specified and illustrated on Map No. 1, be approved in the form shown in the "Proposed By-law" dated November 27, 2019, attached to Report DSD 20-002 as Appendix `B'; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC15/015/F/GS; and further, That the Urban Design Brief dated May 2015 (updated November 2019), and attached to Report DSD -20-002 as Appendix `C', be adopted, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process.' Carried on a recorded vote.