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HomeMy WebLinkAboutCouncil Minutes - 2020-08-24COUNCIL MINUTES AUGUST 24, 2020 CITY OF KITCHENER The Council of the City of Kitchener met electronically this date at 7:42 p.m. with all members present, Chaired by Mayor B. Vrbanovic. 1. COMMENCEMENT— The OMMENCEMENT—The meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada". 2. MINUTES — On motion by Councillor B. loannidis, the minutes of the regular meetings held March 9, 13, 23, April 1, May 11, June 8, 22, July 6, 20 and August 10, 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 — NIL 5. PRESENTATIONS — NIL 6. DELEGATIONS — 6. Development Services Department report DSD -20-062 - 56 Weber Street West Council considered Development Services Department report DSD -20-062, dated March 20, 2020, listed as items 1 and 2 on the Heritage Kitchener Advisory Committee report dated August 4, 2020. D. Currie, MHBC Planning, J. Gibson, S. Burrows, JP. Melville and A. Vallentin were in attendance in opposition to the Heritage Kitchener Advisory Committee recommendation to refuse the Heritage Permit Applications (HPA) to permit the demolition of properties municipally addressed as 50-52 Weber Street West and 56 Weber Street West, which would support the redevelopment of the site located within the Civic Centre Heritage Conservation District. Mr. Currie advised Heritage Planning staff recommended approval of the HPA, stating he was in support of the staff recommendation. In response to questions, V. Grohn, Heritage Planner, was in attendance to respond to questions from Council. V. Grohn provided an overview of the Heritage Planning Report DSD -20-062, including a brief overview on the merits of the staff recommendation and justification for recommending approval of Heritage Permit Application HPA-2020-V-001 and HPA-2020-V-002 to permit the demolition of 50-52 Weber Street West and 56 Weber Street West. A motion was brought forward by Councillor J. Gazzola, which was seconded by Councillor D. Chapman to approve the recommendation from the Heritage Kitchener Advisory Committee to refuse HPA-2020-V-001 and HPA-2020-V-002, which would permit the demolition of 50-52 Weber Street West and 56 Weber Street West. It was requested that each HPA be voted on separately on recorded vote. The Heritage Permit Application HPA-2020-V-001 related to refusing the demolition of the properties municipally addressed as 50-52 Weber Street West, was voted on and LOST, on a recorded vote with Councillors J. Gazzola, C. Michaud and D. Chapman voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, P. Singh, B. loannidis, M. Johnston and S. March voting in opposition. The Heritage Permit Application HPA-2020-V-002 related to refusing the demolition of the properties municipally addressed as 56 Weber Street West, was voted on and LOST, on a recorded vote with Councillors J. Gazzola, C. Michaud and D. Chapman voting in favour; and, Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, P. Singh, B. loannidis, M. Johnston and S. March voting in opposition. Moved by Councillor S. Marsh Seconded by Councillor P. Singh COUNCIL MINUTES AUGUST 24, 2020 -82- CITY OF KITCHENER "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2020- V-001, as outlined in Development Services Department report DSD -20-062, be approved to permit the demolition of the existing detached building located at 50-52 Weber Street West, as outlined in Development Services Department report DSD -20-062, subject to the following conditions: A. That a Demolition Plan in accordance with the measures outlined in Section 10. (Mitigation and Conservation Measures) of the Phase I Heritage Impact Assessment for 50-52 Weber Street West, 56 Weber Street West, and 107 Young Street dated January 17, 2020, revised March 13, 2020 and prepared by MHBC Planning Ltd., be completed to the satisfaction of City Heritage Planning staff prior to the final issuance of this Heritage Permit; and, B. That the owner obtains heritage approval under the Ontario Heritage Act and a Building Permit under the Building Code for the proposed replacement mid -rise building, prior to the issuance of a demolition permit, and, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2020-V- 002, as outlined in Development Services Department report DSD -20-062, be approved to permit the demolition of the existing detached building located at 56 Weber Street West, subject to the following conditions: A. That a Demolition Plan and a Commemoration Plan in accordance with the measures outlined in Section 10. (Mitigation and Conservation Measures) of the Phase I Heritage Impact Assessment for 50-52 Weber Street West, 56 Weber Street West, and 107 Young Street dated January 17, 2020, revised March 13, 2020 and prepared by MHBC Planning Ltd., be completed to the satisfaction of City Heritage Planning staff priorto the final issuance of this Heritage Permit; and, B. That the owner obtain heritage approval under the Ontario Heritage Act and a Building Permit under the Building Code for the proposed replacement mid -rise building, prior to the issuance of a demolition permit." Carried. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, P. Singh, B. loannidis, M. Johnston and S. Marsh. Contra: Councillors J. Gazzola, C. Michaud and D. Chapman. 6. Committee of the Whole, Item 8 - INS -20-008 - Indigenous Reconciliation Action Plan - The Journey Forward Council considered Infrastructure Services Department report INS -20-008 (D. McGoldrick), dated August 19, 2020, regarding the development of a policy to support access and use of public spaces by indigenous people to carry out cultural and ceremonial practises; and, waiving the fees for City spaces in relation to these cultural and ceremonial practises until the policy can be developed. D. McGoldrick, General Manager, Infrastructure Services Department was in attendance to respond to questions from Council. A. Smoke and O. Maine, presented Council with a Land Back Camp video demonstrating its contribution to the community. A. Smoke and O. Maine addressed Council in support of Land Back Camp, including their demands outlined in the petition submitted to City Council dated July 10, 2020. A. Smoke addressed concerns with the recommendation to hire a consultant who will provide engagement services to help develop a region -wide Reconciliation Action Plan, stating in her opinion it would be more appropriate to look for members of the community to engage the public to truly address the needs of the indigenous people within the Region. S. Johnson and R. Makade-Ma'iingan, addressed Council in support of the Land Back Camp within Victoria Park. They expressed concerns with the lack of a safe space in the community that is open to carry out cultural and ceremonial practises. S. Johnson stated he would like to see more of the recommendations of the Truth and Reconciliation Action Plan implemented within the Region. He further COUNCIL MINUTES AUGUST 24, 2020 -83- CITY OF KITCHENER advised he was in support of the staff recommendation to waive rental fees associated with City spaces for indigenous cultural and ceremonial events. MPP L. Lindo addressed Council in regard to the Land Back Camp, specifically related to their list of demands and noted it is important to try to turn their requests into meaningful actions to benefit the community. She stated the City needs to take into consideration separating money from needed resources requested by the indigenous community, versus any professional development required by Council to learn about the needs of the Community. MPP Lindo further advised as noted by previous delegations, it is important that key members of the community are invited to the table to provide a voice, to ensure the policy and Truth and Reconciliation Action Plan are meaningful to those who are requesting action. She expressed her willingness to support the community and to assist by lobbying the Province and Federal government if further action from other levels of governments are required. L. Campbell addressed Council in support for a region -wide Reconciliation Action Plan. She expressed support for the Land Back Camp, noting further concerns with the inter -municipal group retaining a consultant to assist in the development of a Reconciliation Action Plan, noting this was not included as a demand of the Land Back Camp. K. Reimer -Watts was unable to be in attendance to provide a verbal delegation. It was noted a written submission would be forwarded following the meeting this date. G. Mitchell and M. Bowman addressed Council in support of the Land Back Camp currently taking place in Victoria Park. M. Bowman expressed further support for the establishment of an Indigenous Advisory Group. J. Koberinski food system round table of Waterloo Region, addressed Council in support of the Land Back Camp. She expressed concerns with retaining a consultant to assist in the development of a region -wide Reconciliation Action Plan. She expressed further concern with the length of time in which governments are taking to address recommendations of the Truth and Reconciliation Commission report, noting the report was complete over 5 -years ago. J. Koberinski requested Council consider not hiring retaining a consultant and forward that recommendation to the other area municipalities within the Region to opt for a different solution. Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That pursuant to Section 25.4.11. of Chapter 25 (Council Procedure) of the City of Kitchener Municipal Code, the proceedings of Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda. Carried Unanimously. S. Cadell, A. Engering, B. Karn and T. Chartrand, co-founder Land Back Camp, addressed Council in support of Land Back Camp. T. Chartrand stated she is a co-founder of Land Back Camp. Councillor S. Marsh brought forward a motion to approve the recommendation as outlined in Report INS - 20 -008, which was seconded by Councillor K. Galloway-Sealock. Councillor D. Chapman brought forward an amendment to Councillor Marsh's motion to include an additional clause "That the Land Back Camp be temporarily permitted to use the current camp space in Victoria Park for ceremonial and cultural activities until engagement has occurred and recommendations related to Indigenous cultural and ceremonial space in Victoria Park are considered by Council" to give greater legitimacy to the land back camp, which failed to receive a seconder. Moved by Councillor S. Marsh Seconded by Councillor K. Galloway-Sealock "That INS -20-008, be received; That staff be directed to develop a policy to support the access and use of public spaces by Indigenous peoples to carry out cultural and ceremonial practices; and, COUNCIL MINUTES AUGUST 24, 2020 -84- CITY OF KITCHENER That City of Kitchener rental -related fees associated with use of City spaces for Indigenous cultural and ceremonial events be suspended until such policy is considered by Council." Carried Unanimously on recorded vote. 7. COMMITTEE OF THE WHOLE - ITEM 5 - DSD -20-101 - PLAN 675 PL LOT 1 PART LOT 2, PIN 22302-0126 (LT), LAND -LOCKED VACANT LAND, BRIDGEPORT EAST Council considered Development Services Department report DSD -20-101 (B. Bennett), dated July 15, 2020, recommending approval of a land sale legally described as Plan 675, Part Lot 1, Part Lot 2, PIN #22302-0126 (LT), located in Bridgeport East, which is currently land -locked. Moved by Councillor S. Davey Seconded by Councillor D. Schnider "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with Newo Holdings Ltd. for their acquisition of the City's parcel of land having an area of approximately 0.902 acres., legally described as Plan 675 PT Lot 1, PT Lot 2, PIN # 22302- 0126(LT), at a purchase price of $520,000.00, and that the subject land be declared surplus to the City's needs; said agreement to be to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD -20-101; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, said documentation to be to the satisfaction of the City Solicitor." Carried. 8. REPORTS OF COMMITTEES — PLANNING AND STRATEGIC INITIATIVES COMMITTEE — AUGUST 10, 2020 Due to time constraints the Planning and Strategic Initiatives Committee report shall be referred to a Special Council on August 31, 2020. 8. REPORTS OF COMMITTEES —HERITAGE KITCHENER —AUGUST 4, 2020 Dealt with under delegations. 9. UNFINISHED BUSINESS — NIL 10. NEW BUSINESS — 10.a Regional Council Update -NIL 11. QUESTIONS AND ANSWERS - NIL 12. COMMITTEE OF THE WHOLE — Due to time constraints the Committee of the Whole agenda, save and except for Items 5 and 8, which were dealt with earlier this date, shall be deferred to a Special Council on August 31, 2020. 13. BY-LAWS (THIRD READING) — Moved by Councillor S. Marsh Seconded by Councillor M. Johnston "That the by-laws by given third reading, namely: a. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2020-042) COUNCIL MINUTES AUGUST 24, 2020 -85- CITY OF KITCHENER b. 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. 2020-043) C. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2020-044) d. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off- street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2020-045) e. Being a by-law to exempt certain lots from Part Lot Control - Blocks 84, 85 and 86, Registered Plan 58M-633 - Grassbourne Avenue and Gloria Street. f. To confirm all actions and proceedings of the Council. (By-law No. 2020-046) (By-law No. 2020-047) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:51 p.m. ( AYOR CLERK COUNCIL MINUTES AUGUST 24, 2020 -86- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2020-V- 001, as outlined in Development Services Department report DSD -20-062, be approved to permit the demolition of the existing detached building located at 50-52 Weber Street West, as outlined in Development Services Department report DSD -20-062, subject to the following conditions: A. That a Demolition Plan in accordance with the measures outlined in Section 10. (Mitigation and Conservation Measures) of the Phase I Heritage Impact Assessment for 50-52 Weber Street West, 56 Weber Street West, and 107 Young Street dated January 17, 2020, revised March 13, 2020 and prepared by MHBC Planning Ltd., be completed to the satisfaction of City Heritage Planning staff prior to the final issuance of this Heritage Permit; and, B. That the owner obtain heritage approval under the Ontario Heritage Act and a Building Permit under the Building Code for the proposed replacement mid -rise building, prior to the issuance of a demolition permit. Carried, as amended, dealt with under delegations. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2020-V- 002, as outlined in Development Services Department report DSD -20-062, be approved to permit the demolition of the existing detached building located at 56 Weber Street West, subject to the following conditions: A. That a Demolition Plan and a Commemoration Plan in accordance with the measures outlined in Section 10. (Mitigation and Conservation Measures) of the Phase I Heritage Impact Assessment for 50-52 Weber Street West, 56 Weber Street West, and 107 Young Street dated January 17, 2020, revised March 13, 2020 and prepared by MHBC Planning Ltd., be completed to the satisfaction of City Heritage Planning staff priorto the final issuance of this Heritage Permit; and, B. That the owner obtain heritage approval under the Ontario Heritage Act and a Building Permit under the Building Code for the proposed replacement mid -rise building, prior to the issuance of a demolition permit. Carried, as amended, dealt with under delegations.