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
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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.
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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,
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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) —
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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 -
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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,
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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)
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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
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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.