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HomeMy WebLinkAboutCouncil Minutes - 1993-06-14 SCOUNCIL\1993-06-14-SPE SPECIAL COUNCIL MINUTES JUNE 14, 1993 The Council of the Corporation of the City of Kitchener met this date in special session with all members present except Aldermen M. Yantzi, J. Smola and G. Leadston. Alderman G. Lorentz entered the meeting shortly after its commencement. Notice of the special meeting had previously been given by the City Clerk pursuant to Chapter 25 of The Municipal Code. 1. Report of the City Hall Steering Committee Moved by Alderman M. Wagner Seconded by Alderman C. Weylie That the report of the City Hall Steering Committee of this date be adopted. Carried. 2. Proposed Closing and Sale of Part of Lancaster Street Council considered Planning & Development Staff Report PD 63/93 relative to the proposed closure of Lancaster Street widening. Mr. T. McCabe advised that the report discusses the merits of the closure and summarizes the reason why it is necessary for Council to consider the matter. He pointed out that the department recommends refusal of both the road closure application and reduction of the road widening requirement to zero metres across the Lancaster Street East frontage of 108-110 Lancaster Street East. Mr. McCabe stated that the technical minimum road allowance required was 20 metres in width but that Lancaster Street was only 12 metres. He commented that additional widths may not be required for the carriage way, but rather for technical servicing and accordingly, ownership should remain with the City. Mr. Scott Henderson, solicitor for Kitchener Housing Inc. appeared as a delegation to request Council waive the road widening requirement relative to the Izma Green Project of Kitchener Housing Inc. and pass a by-law to close and sell part of Lancaster Street and convey the parcel to Kitchener Housing Inc. Council was in receipt of his June 14, 1993 submission in this regard. He listed reasons why he believed the closing and conveyance would not have any long term ramifications for the area. Alderman G. Lorentz entered the meeting at this point. Mr. Henderson noted that the proposed development consists of six one bedroom units and commented on the decision from the Ontario Municipal Board hearing and direction to the municipality to amend Zoning By-law 91-217. Alderman T. Galloway questioned the outcome if the closing and sale of part of Lancaster Street was refused. Mr. Henderson replied that the project as designed could not be built and zoning would revert to its original status. Mr. Gerry Haack representing the Sertoma/La Sertoma Foundation of Waterloo Region, appeared as a delegation in opposition to the proposed closure and sale of part of Lancaster Street that would allow the project of Kitchener Housing Inc. to proceed. A submission from the delegation was attached to the agenda. Mr. Haack commented that the proposal will negatively affect their tenants by worsening the availability of existing parking spaces in the area. Further, he commented that sale of the lands would limit options for future improvements to the roadway. In summary, Mr. Haack requested that Council consider the present and future effects of the proposal and requested that the proposal not be approved. In response to Mayor D.V. Cardillo, Ms. S. Frenette advised that five of the six units would be subsidized and that parking was being provided in a ratio of one space to one unit. Mr. Donald Madill appeared as a delegation to oppose the proposed closing of a part of Lancaster Street as described in his letter dated June 8, 1993 which was attached to the agenda. Mr. Madill questioned if the Kitchener Housing Inc. project would have proceeded if it was known when the project was first proposed that part of Lancaster Street to be widened would be closed. Further, he questioned the position of regional staff in this matter and whether or not they were aware of the Kitchener staff position. Alderman B. Stortz stated that there were no regional concerns COUNCIL M/NIYFES - 322 - JUNE 14, 1993 relative to the issue before Council. Mr. J. Shivas, Assistant City Solicitor, advised that Kitchener Housing Inc. had come before City Council to request that the road widening strip be closed and that as part of the circulation process the Region of Waterloo was circulated. He noted that on June 10, 1993, Regional Council passed a resolution approving the proposal to close and sell a portion of Lancaster Street subject to the City providing an easement to the Region for the purpose of traffic signal hand wells. Further questions were raised by Mr. Madill on the issue of Regional involvement and Regional concerns and were responded to by Messrs. T. McCabe and J. Shivas. Mr. D. Madill indicated that he had correspondence and a map dealing with dedications required along Lancaster Street. He outlined statistics pertaining to the importance of right-hand turning movements onto Lancaster Street and stated a zero lot line created by the proposal would not be good planning and that sight lines would be hampered. He then questioned how the Ontario Municipal Board June 30 deadline could be met for receipt of both a deed conveying and merging the lands and passing of an amending zoning by-law. He referred to a 30-day appeal period for by-laws and questioned how the road closing could be legalized prior to expiry of an appeal period. Mr. J. Shivas advised that in regard to a road closing by-law there was no procedure for appeal to the Ontario Municipal Board and that with respect to the amending zoning by-law which upgrades coverage of the area to be rezoned, he advised that the Board had directed the City to do so and determined that no further public hearings would be required for this purpose. Accordingly, he indicated that there would be no problem meeting the Ontario Municipal Board deadline requirements and pointed out that as a result of the earlier O.M.B. decision, Council this date was making a final decision respecting these matters. In answer to a question that was raised regarding how Kitchener Housing Inc. would obtain funds to pay the $15,000 cost of the conveyance, Ms. Frenette indicated that the budget for the project would be reviewed and it was felt that the current level of lower interest rates than previously forecast would provide most of the required funding. Mr. D. Snow stated that there was some misunderstanding respecting the question of widening Lancaster Street in its entirety. Further, he commented on the question of potential intersection improvements and that in order to accommodate such improvements, improvements should be made that mirror turning lanes on the opposite side. Mr. John Ryrie, 601-150 Queen Street S, appeared as a delegation and noted that he was a former president of the Central Frederick Neighbourhood Association. He commented that the proposed development conforms to the neighbourhood secondary plan and advised that the Central Frederick Neighbourhood Association had held a series of meetings dealing with the project and residents had raised issues that were dealt with. He indicated that the area had gone through a legitimate planning process in this matter and asked Council to support the project. Mr. David Ryan, 34 Simeon Street, President of the Central Frederick Neighbourhood Association appeared as a delegation to support the Izma Green Project and the closure and sale of part of Lancaster Street. He indicated that residents generally support the development which he stated would be an anchor supporting community revitalization that focused less on the provision of larger roads as opposed to housing. Mr. George Comens, 75 Lancaster Street East, advised that he was in support of the project and the closing and sale of part of Lancaster Street. He stated that he would like to see something done about enforcement of the by-law to prohibit trucks on Lancaster Street. Mr. Theron Kramer, 22 Simeon Street, appeared as a delegation to advise that he was in favour of the project and road closure. He stated that he had been involved in the design of the secondary plan and that the project promoted City policies respecting intensification and construction of affordable housing. Mr. Heinz Karrenbrock, 6 Pequegnat Avenue, stated that he was opposed to the project and closure of part of the road because of the lack of available parking in the area and because the project was too expensive to house so few people. He asked that City Council reconsider the project given the effects that it would have on the street and the excessive cost for such limited accommodation. COUNCIL M/NUTES - 323- JUNE 14, 1993 Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That leave be given the Mover and Seconder to introduce the following by-laws: (a) Being a by-law to close and sell part of a public highway known as Lancaster Street in the City of Kitchener (By-law No. 93-113) (b) Being a by-law to amend By-law 91-217 - City of Kitchener - Lancaster Street East (By-law No. 93-114) and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. Alderman B. Stortz stated that the residents were in favour of the project, supportive of the name chosen and that the project would reinforce both the secondary plan and preservation of family residential use in the area. Mr. J. Shivas advised that the closing by-law before Council had been revised this date to include the provision of easements in favour of the Region of Waterloo and in favour of Kitchener Wilmot Hydro. In response to the selling price for the conveyance, he advised that the price was established by Mr. G. Andersen, Land Purchasing Officer for the City. Alderman M. Wagner indicated that he supported the closure and conveyance. He stated that he viewed the issue as far more important for the future than what it appears today and that it will bring a focus to lessen the dominance of community design to accommodate the automobile. Alderman J. Ziegler stated that he objected to the small size of the project and its high cost to the general taxpayer. He noted that since the project was first conceived and approved, there have been significant changes in the economy and that under existing circumstances, the cost of subsidy was far too high for the public to assume. The motion of Alderman Stortz was then put to a recorded vote. In favour: Mayor D.V. Cardillo and Aldermen B. Stortz, M. Wagner, C. Zehr, T. Galloway and G. Lorentz. Contra: Aldermen J. Ziegler and C. Weylie. Carried. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times be finally passed and be numbered 93-115 by the Clerk. Carried. On motion, the meeting adjourned. Mayor Clerk REPORT ADOPTED BY COUNCIL - JUNE 14, 1993 CITY HALL STEERING COMMITTEE That the Mayor and Clerk be authorized to execute an Agreement, dated June 14, 1993, between the City of Kitchener and Brad Golden & Lynne Eichenberg for the creation and installation of a Sculpture for the North Public Gardens of the new City Hall.