HomeMy WebLinkAboutCouncil Minutes - 2022-02-28Council Meeting Minutes
February 28, 2022, 7:00 p.m.
Electronic Meeting
Present: Mayor B. Vrbanovic
Councillor S. Davey
Councillor D. Schnider
Councillor J. Gazzola
Councillor C. Michaud
Councillor K. Galloway-Sealock
Councillor P. Singh
Councillor B. loannidis
Councillor M. Johnston
Councillor D. Chapman
Councillor S. Marsh
Staff: D. Chapman, Chief Administrative Officer
V. Raab, General Manager, Corporate Services
J. Readman, General Manager, Development Services
J. Lautenbach, Chief Financial Officer, Financial Services
D. McGoldrick, General Manager, Infrastructure Services
C. Bluhm, Executive Director, Economic Development
L. MacDonald, City Solicitor
B. Rowland, Director, Corporate Communications and Marketing
A. Qureshi, Director, Facilities Management
B. Cronkite, Director, Transportation Services
A. Fusco, Director Legislated Services/City Clerk
C. Tasker, Internal Auditor
R. Parchment, Senior Anti- Racism Advisor
D. Saunderson, Deputy Clerk
D. Mange, Committee Administrator
1. COMMENCEMENT
The electronic meeting began with a Land Acknowledgement given by the Mayor
and the singing of "0 Canada."
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1.1 Statement - War in the Ukraine
Mayor B. Vrbanovic provided statement of solidarity and support for Ukraine and
Ukrainian -Canadians in our community and across Canada, noting the City has
raised the Ukrainian flag in support of Ukrainian people worldwide. Council had a
moment of silence.
1.2 Commemoration of Black History Month - Freedom Marching Project
Mayor B. Vrbanovic commemorated Black History Month and introduced Rufus
John one of the organizers behind the Freedom Marching Project. One of the
songs created by the initiative was played to honour and celebrate the
community leaders and activists who are fighting for equity, access, diversity,
participation and racial justice for Black, Indigenous and racialized communities.
1.3 Introduction - A. Fusco, Director Legislated Services / City Clerk
Mayor B. Vrbanovic welcomed Amanda Fusco the new Director, Legislated
Services/City Clerk who joined the City in February 2022.
2. MINUTES FOR APPROVAL
On motion by Councillor M. Johnston the minutes of the regular meeting held
January 24, 2022, and Special meetings held January 24 and February 7, 2022,
as mailed to the Mayor and Councillors, were accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 Councillor P. Singh - T22-008 Franklin Street South (Wilson Avenue to
Kingsway Drive) Road Reconstruction - FIN -2022-097
Councillor P. Singh declared a pecuniary interest with respect to T22-008
Franklin Street South (Wilson Avenue to Kingsway Drive) Road Reconstruction -
FIN -2022-097 on the Committee of the Whole agenda this date as members of
his family own property in the vicinity of the subject project. Accordingly, he did
not participate in any discussion or voting regarding these matters.
3.2 Councillor P. Singh - T22-007 Downtown Cycling Network Construction
(Cedar Street, Ontario Street South) - FIN -2022-101
Councillor P. Singh declared a pecuniary interest with respect to T22-007
Downtown Cycling Network Construction (Cedar Street, Ontario Street South) -
FIN -2022-101 on the Committee of the Whole agenda this date as members of
his family own property in the vicinity of the subject project. Accordingly, he did
not participate in any discussion or voting regarding these matters.
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4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request under Policy MUN-FAC-442
5. PRESENTATIONS
5.1 Recognition - Jean Haalboom - Lieutenant Governor's Ontario Heritage
Awards for 2021
Mayor B. Vrbanovic congratulated Jean Haalboom on being recognized for a
2021 Lieutenant Governor's Ontario Heritage Awards. J. Haalboom was in
attendance in acceptance the of the award and achievement.
5.2 Mayor's Advisory Council for Kitchener Seniors (MACKS) - 2021 Age
Friendly Kitchener Action Plan Progress Report
Kathy Doherty -Masters, Mayor's Advisory Council for Kitchener Seniors
(MACKS) presented the 2021 Age Friendly Kitchener Action Plan Progress
Report, which included an overview of the work completed by the Committee in
2021 as well as items for future consideration and priorities for the Committee in
2022 and beyond. K. Doherty -Masters further responded to questions from
Council.
D. Chapman, Chief Administrative Officer, responded to questions from Council,
noting staff could provide a follow-up on and funding currently being received by
the City related to supporting housing options for older adults.
6. DELEGATIONS
6.1 Development Services Department report DSD -2022-033, listed as item
7.3.a under the Planning and Strategic Initiatives Committee report dated
February 9, 2022 - Official Plan and Zoning By-law Amendment - 134 and
154 Shanley Street
Council considered Development Services Department report DSD -2022-033,
listed as item 7.3.a. under the Planning and Strategic Initiatives Committee report
related to an Official Plan Amendment Application OPA/21/002/S/JVW and
Zoning By-law Amendment Application ZBA21/004/S/JVW for the property
municipally addressed as 134 and 152 Shanley Street. Council was also in
receipt of a written submission from Conner Harris related Development Services
Department report DSD -2022-033.
D. Galbraith, IBI Group, was in attendance in support of the staff
recommendation.
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Councillor S. Marsh expressed her appreciation to the applicant for making
adjustments to their proposed development to addressed concerns of the
surrounding neighbourhood and requested a recorded vote.
Moved by Councillor D. Chapman
Seconded by Councillor P. Singh
"That Official Plan Amendment Application OPA/21/002/S/JVW for
2701098 Ontario Inc. requesting a change in designation from Low Rise
Residential (134 Shanley Street) and Low Rise Residential with Specific
Policy Area No. 18 (152 Shanley Street) to Medium Rise Residential with
Specific Policy Area No. 18 to permit an eight (8) storey multiple dwelling
on the lands specified and illustrated on Schedule Wand Schedule `B', be
adopted, in the form shown in the Official Plan Amendment attached to
Report DSD -2022-033 as Appendix `A', and accordingly forwarded to the
Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA21/004/S/JVW for
2701098 Ontario Inc. be approved in the form shown in the `Proposed By-
law' as amended, and `Map No. 1', attached to Report DSD -2022-033 as
Appendix `B'; and further,
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 ZBA 21/004/S/JVW."
Carried, unanimously
6.2 Development Services Department report DSD -2022-041, listed as item
7.4.a under the Planning and Strategic Initiatives Committee report dated
February 9, 2022 - Official Plan Amendment and Zoning By-law Amendment
- 660 Belmont Avenue West
Council considered Development Services Department report DSD -2022-041,
listed as item 7.4.a. under the Planning and Strategic Initiatives Committee report
related to Official Plan Amendment Application 0PA20/005/W/JVW and Zoning
By-law Amendment Application ZBA20/013/W/JVW for 660 Belmont Avenue
West.
Council was in receipt of written submissions related to Official Plan Amendment
Application OPA20/005/W/JVW and Zoning By-law Amendment Application
ZBA20/013/W/JVW for 660 Belmont Avenue West from the following people:
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Alex Bielak; Allen Toews; Andrew Reeves; Ed McCarron; Gregory Shepherd;
Ken Avery; Avery Au; Barb Trotter; and, Cam Trotter.
G. Stevenson provided opening remarks related to the discussions had between
the applicant between the February 9, 2022, Committee meeting and this date.
He provided an overview of the following: additional Changes to the development
proposal; proceeds from lane sale; application completeness; and, the 50% More
Official Plan Policy, noting staff are still in support of the proposed applications as
outlined in Report DSD-2022-041.ln response to questions, G. Stevenson
advised if the laneway was declared surplus and sold all proceeds from the sale
would be directed to the default land reserve.
Z. Zehr, Zehr Group, addressed Council in support of the staff recommendation.
Z. Zehr noted they have provided a written submission to Council earlier this date
summarizing the items which were raised during the Planning and Strategic
Initiatives Committee and their follow-up responses to that. Z. Zehr spoke to the
possibility of increasing the number of 3 -bedroom units, noting a commitment to
have a minimum 5% of the total units as 3 -bedroom units, possibly 50%
depending on market demand. Z. Zehr address elder ready units, stating noting
several design accommodations to address this request, stating the design will
meet or exceed the Ontario Building Code requirements. Z. Zehr further
addressed the public access over the laneway and its maintenance, commenting
an easement will be registered and the laneway will be maintained.
Z. Zehr further addressed the Noise Study required, noting a study has already
been completed and reviewed. In regard to the building scale and massing, the
building has been designed to meet the City's Tall Building Guidelines, including
necessary step backs. In response to questions, Z. Zehr advised while the height
is the biggest concern of the neighbourhood, they are trying to provide a retail/at
grade experience and to achieve that experience and provide enough residential
units to ensure the project is viable the proposed design at 11 -stories is
preferred. Z. Zehr indicated the Zehr Group is of the opinion that the proposed
development is the best proposal for the site. Z. Zehr further advised if it was
Council's preference to have a 10 storey building they would be willing to reduce
the design by 1 additional storey to obtain the requested approval.
Questions were raised regarding the financing for a development of this nature,
Z. Zehr indicated with Planning approvals, Environmental approvals and
Financing Approvals. Z. Zehr indicated financial institutions will not consider
financing a development if they are unable to obtain at minimum 10% return. Z.
Zehr stated with the currently building environment we must take into
consideration the future financial climate to ensure they are managing all the
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risks associated with developments of this nature. In response to further
questions, Z. Zehr noted the development is proposed to be designed to meet
LEED Certified status.
Questions were raised regarding the laneway and the need for overflow parking.
Z. Zehr indicated the building would be fully accommodated on the proposed
property, the underground parking garage is the only item that would exceed the
current property line with proposed construction under the laneway.
Questions were raised regarding the submission of a revised building design
demonstrating an 8 -storey building design. Z. Zehr advised it was not clear from
the questions raised at the previous meeting that they were supposed to prepare
a revised building design demonstrating an 8 -storey building. Z. Zehr noted an 8 -
storey building would not be feasible on this site with the proposed retail/at grade
experience. In response to further questions, Z. Zehr stated it has not been
decided to date whether the ownership of the retail space on the main floor will
be maintained in ownership by the Zehr Group, indicating the development is
proposed to be a condominium so a business owner could purchase the unit
through the condominium as an option.
Councillor J. Gazzola questioned whether the neighbourhood was further
consulted on the proposed suggestions that you mentioned this date. Z. Zehr
advised the follow-up discussions were only addressed through Planning Staff.
In response to questions, Z. Zehr believes the proposed development is the
preferred development for the site, as noted previously if it was the preference of
Council, they would be willing to decrease the building to 10 -stories in height,
which would result in a building height of approximately 36.5m. Questions were
raised regarding the sale of the laneway Z. Zehr noted while there will be an
increased cost to them to address the maintenance and access, there is
recognition that the laneway would allow for a number of the services to be
relocated to the back of the building and reduce the impact on Belmont Avenue
West. The laneway would also serve to reduce their need for surface parking. Z.
Zehr indicated the development could be constructed without purchasing the
laneway, but obtaining it would help to animate the property and improve its
current use. Z. Zehr further advised they are the only potential purchaser of the
laneway, if it is not declared surplus and sold now, the City will retain the
ownership in perpetuity. In response to further questions, Z. Zehr advised the
initial development was proposed at 13 -stories, it was amended to 11 -stories in
height a further reduction in 1 -storey in height there will be the loss of more units,
it will reduce housing options for 15 people. Z. Zehr further advised they have
provided a written submission demonstrating their continue efforts to compromise
to obtain approval for this development.
Councillor M. Johnston noted the adjacent property at 668 Belmont Avenue
West, questioned whether development was proposed for that site, noting it also
being in the ownership of the Zehr Group. Z. Zehr stated that property has been
renovated and has tenants with long term leases. Z. Zehr stated there is no
intention to date to develop that site beyond its current use.
Avery Au addressed Council in support of the staff recommendation outlined in
Report DSD -2022-041. A. Au noted the majority of the delegations are opposed
to the development because it does not suit their preferred neighbourhood
aesthetics. A. Au stated the opinions received to date are largely those of people
living in single family homes who are not experiencing challenges of those
families who are in desperate need of housing.
Moved by Councillor M. Johnston
Seconded by Councillor P. Singh
"That pursuant to Section 25.5.7.1 of Chapter 25 (Council Procedure) of
the Municipal Code, the delegation Greg Shepherd be permitted to
address Council for greater than the maximum 5 minute time allocation."
Carried.
Greg Shepherd addressed Council in opposition to the staff recommendation
outlined in Report DSD -2022-041. G. Shepherd expressed concerns with the
interpretation of 15.D.4.22 related to the proposed 8 -storeys or 25m in height
regulation and specially the application of the notwithstanding clause. G.
Shepherd stated in his opinion, the notwithstanding clause (Policy 15.D.4.23)
states "Notwithstanding Policy 15.D.4.22, the City may consider increases to the
permitted building height of up to 50 percent of the permitted building height...".
G. Shepherd stated his interpretation of this regulation indicates that Council
does not have the authority to consider anything over 8 -storeys or to consider
anything over 37.5m in height, indicating the applications fails on both of these
scores with it being an 11 -storey building at 39.1 m in height. G. Shepherd
requested the applications be refused and an Interim Control By-law be imposed
to halt development and conduct a review of all the Planning regulations for
Belmont Village.
R. Bustamante addressed Council regarding the policy interpretation, noting staff
have confirmed with the author of that section of the By-law and interpretation
outlined in the staff report, is accurate as outlined in the By-law. In response to
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questions, R. Bustamante provided a response related to the definition of a
storey stating Zoning By-law 2019-051 contains a definition of storey which
"means the portion of a building or structure that is situated between the top of
any floor and the top of the floor next above it; or if there is no floor above it, that
portion between the top of the floor and the ceiling above it. A habitable or
finished attic, or an uninhabitable or unfinished attic with an interior height greater
than 1.8m, is a storey."
In response to questions, G. Shepherd indicated while the application has agreed
to reduce the building by a further storey, having an overall building height of
37.5m, it is still proposed to be beyond 8 -storeys which is not supported by the
Official Plan.
G. Shepherd further advised noted while M. Johnston has brought forward a
motion intended to preserve Belmont Village; the direction should be amending
to also consider imposing an Interim Control By-law to restrict all development
until a Planning study can be completed on the existing planning regulations for
the area to preserve the unique nature of the Village.
Cam Trotter and Barb Trotter addressed Council in opposition to the staff
recommendation. C. Trotter stated since the February 9, 2022 meeting, he has
met with staff and they have failed to resolve his concerns related to the
completeness of the application and the validity of the applications and whether
Council has the authority to render a decision on the applications this date. B.
Trotter expressed concerns with the interpretation of section 15.D.4.23. of the
City's Official Plan, specifically in relation to compatibility and the adverse
impacts on the adjacent properties. B. Trotter further advised the Urban Design
manual in her opinion does not support the proposed increase in height and
requested the application be rejected.
In response to questions, C. Trotter addressed the commissioning of the
applications and concerns for the completeness of the jurat and the validity of the
signatures. Questions were raised about compatibility, B. Trotter indicated her
preference would be to see a 4 to 5 storey building, but the regulations support 8
so where possible it should not exceed the permitted regulations.
Questions were raised regarding the notice of motion and the proposed Planning
study for Belmont Village. Councillor M. Johnston stated the propose Planning
Study has been discussed with staff and is anticipated to be completed in 2022,
which the intention of implementing the recommendations in 2023. Councillor
Johnston advised funding has been identified for the proposed study and the
Chief Administrative Officer has committed to completing the work.
Deb Bennett addressed Council in opposition to the proposed development at
660 Belmont Avenue West. D. Bennett noted while the applicant has agreed to
reducing the proposed building height, the proposed 1 -storey reduction will result
in a larger building mass to achieve their preferred Floor Space Ratio. D. Bennett
further addressed the written submissions provided by the Zehr group in support
of the proposed development, noting none of the people that expressed their
support participated in the engagement process until the first public meeting on
February 7, 2022. D. Bennett further advised that residents were informed the
BIA was in support of the development and there is no evidence of that support.
Council recess at 10:13 p.m. and reconvened at 10:18 p.m., with all members
present Chaired by Mayor B. Vrbanovic with all members present.
Councillor M. Johnston questioned the Belmont BIA and their mandate in the
Municipal Act. J. Readman noted while he is not able to speak to the BIA's
mandate, staff do not go out and solicit comments from businesses to confirm
their support for the development.
Questions were raised regarding the regulations related to building height in the
2014 Official Plan; G. Stevenson advised those changes were approved by
Council through a statutory public meeting and subsequent appeal process
through the Ontario Land Tribunal. In response to further questions, G.
Stevenson advised while the acquisition of the laneway is preferred from the
applicant's perspective, it has been clear since he became the Planner on the file
that the decision to declare the land as surplus was a decision of Council. G.
Stevenson further advised while the applicant approached the City regarding the
possible purchase of the laneway, the required process to review the potential
sale of the laneway was complete, which resulted in the recommendation for
consideration this date.
In response to further questions, G. Stevenson advised for maintenance
purposes it is the preference of City staff to transfer ownership of the entire
laneway. Questions were raised regarding the implementation of District Energy
and whether retaining the laneway could assist with that City initiative. G.
Stevenson stated the preferred location identified for District Energy at this
moment is in the Downtown.
Questions were raised on precedence and how an approval on this application
could impact future development applications. G. Stevenson stated Belmont
Village is part of a mixed-use corridor, the corridors are very valuable in
achieving the City's overall goal development goals. In response to further
questions, G. Stevenson advised in response to concerns related to wind, there
have been new urban design guidelines and tall buildings that have been
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reviewed in relation to the development and will help to inform design features to
help mitigate impacts from wind, stating any recommendations will be reviewed
through the Site Plan approval process.
In response to questions, G. Stevenson advised the City currently complete all
maintenance for the laneway, noting if the laneway was sold the City would
maintain the benefit of the current use of the laneway with the establishment of
an easement. If the laneway is sold, staff could report back to Council on the
purchase and sale agreement to accept all the terms of agreement.
Moved by Councillor D. Chapman
Seconded by Councillor S. Davey
"That an in -camera meeting of Council be held this date to consider a
matter subject to solicitor -client privilege as authorized by Section 239 (2)
(f) of the Municipal Act, 2001 respectively, related to the disposition of the
subject applications."
Carried.
Council recess at 10:13 p.m. and reconvened at 10:18 p.m., with all members present
Chaired by Mayor B. Vrbanovic with all members present.
Moved by Councillor P. Singh
Seconded by Councillor C. Michaud
"That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of
the 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.
A motion was brought forward by Councillor B. loannidis, which was seconded by
Councillor P. Singh to approve the recommendation as outlined in Staff Report
DSD -2022-041 including an amendment to the Zoning By-law as follows:
• That paragraph 3, section i) of the proposed by-law, attached as Appendix A
to DSD -2022-041, be amended to read "the maximum building height shall be
36.5m", and,
• That paragraph 3, section ii) of the proposed by-law, attached as Appendix A
to DSD -2022-041, be amended to read "the maximum number of storeys
shall be 10 storeys", and further,
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That pursuant to the Planning Act, section 34(17), Council changes the
proposed bylaw, attached as Appendix A to DSD -2022-041, as amended by
Council, and where Council has determined that no further notice is to be
given in respect of the changes to the proposed zoning by-law amendment.
Councillor S. Marsh brought forward an amendment that was seconded by
Councillor P. Singh, to include an additional clause in the resolution, as follows:
"If the laneway is sold, that staff be directed to come back after the sale
with recommended options for how these funds may be allocated in order
to further enhance or accelerate the achievement of Council's strategic
goals."
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That pursuant to Section 25.2.2 of Chapter 25 of the Municipal Code
(Council Procedure), the rules of procedure be suspended to allow the
proceedings to proceed past midnight to conclude matters as listed on the
agenda."
Carried unanimously.
Councillor D. Chapman requested the Planning Applications and declaration of
surplus land be voted on separately on a recorded vote.
Councillor S. Marsh's amendment was then voted on and was Carried.
Clause 1 of the recommendation related to Official Plan Amendment Application
OPA20/005/W/JVW was then voted on and was Carried unanimously on a
recorded vote.
Clauses 2 and 3 as amended related to Zoning By-law Amendment Application
ZBA20/013/W/JVW was then voted on and was Carried, on a recorded vote with
Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, C. Michaud, K.
Galloway-Sealock, P. Singh, B. loannidis and M. Johnston voting in favour; and,
Councillors J. Gazzola, D. Chapman and S. Marsh voting in opposition.
Clauses 4, 5 and 6 related to declaring the laneway surplus land for the purpose
of sale was then voted on and was Carried, on a recorded vote with Mayor B.
Vrbanovic and Councillors S. Davey, D. Schnider, C. Michaud, K. Galloway-
Sealock, P. Singh, B. loannidis and M. Johnston voting in favour; and,
Councillors J. Gazzola, D. Chapman and S. Marsh voting in opposition.
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Moved by Councillor B. loannidis
Seconded by Councillor P. Singh
"That Official Plan Amendment Application OPA20/005/W/JVW for 660
Belmont LP Inc., 660 Belmont GP Inc., & City of Kitchener requesting a
Specific Policy Area, be refused; and,
That Zoning By-law Amendment Application ZBA20/013/W/JVW for 660
Belmont LP Inc., 660 Belmont GP Inc., & City of Kitchener be approved,
as amended this date, in the form shown in the "Proposed By-law", and
"Map No. 1 ", attached to Report DSD -2022-041 as Appendix "A"; and,
That in accordance with Planning Act Section 45 (1.3 & 1.4) that
applications for minor variances shall be permitted for lands subject to
Zoning By-law Amendment Application ZBA20/013/W/JVW; and,
That the portion of Belmont Lane East between Belmont Avenue West
and Claremont Avenue be declared as surplus to City needs; and,
That a by-law to close the portion of Belmont Lane East between Belmont
Avenue West and Claremont Avenue be approved and that the by-law
would not take effect until registered on title to the lane and any costs
associated with said by-law would be borne by the purchaser; and,
That Realty Services, in consultation with the City Solicitor, be authorized
to negotiate the terms of two conditional Agreements of Purchase and
Sale with the owners of 660 Belmont Avenue West and 678-692 Belmont
Avenue West for the sale of the respective portions of Belmont Lane East,
with fair market value to be determined immediately prior to final site plan
approval of 660 Belmont Avenue West or 678-692 Belmont Avenue West,
whichever comes first, where such sale is conditional on:
i. Approval of the Agreement, including sale price, by Kitchener City
Council; and,
ii. The final decision has been made on Official Plan Amendment
OPA20/005/W/JVW and Zoning By-law Amendment Application
ZBA20/013/W/JVW for 660 Belmont Avenue West; and,
iii. That the portions of the lane to be sold are consolidated with lands
that have frontage on a public street; and,
iv. Site Plan approval in principle is issued for 660 Belmont Avenue
West or 678-692 Belmont Avenue West, whichever comes first;
and,
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v. That the purchaser grant access easements over the lane lands for
both 660 Belmont Avenue West and 678-692 Belmont Avenue
West in favour of each property; and further,
vi. That the purchaser grant, at no cost to the City, all required
easements for City infrastructure and utilities; and further,
That if the laneway is sold, that staff be directed to report back following
the sale with recommended options for how these funds may be allocated
in order to further enhance or accelerate the achievement of Council's
strategic goals."
In Favour (8): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor C. Michaud,
Councillor K. Galloway-Sealock, Councillor P. Singh,
Councillor B. loannidis, and Councillor M. Johnston
Contra (3): Councillor J. Gazzola, Councillor D.
Chapman, and Councillor S. Marsh
Carried, as amended, on a recorded vote (8 to 3)
6.3 Notice of Motion - M. Johnston - Planning Review of Belmont Village
Council considered Councillor M. Johnston's Notice of Motion, listed as item
7.4.b. under the Planning and Strategic Initiatives Committee report related to
initiating a planning study for the Belmont Village Urban Corridor which will
evaluate the applicable planning policies, develop new or refined policy
directions, and include a comprehensive engagement plan for residents,
businesses and the community at large.
Maureen Ferraro addressed Council in support of the Notice of Motion. M.
Ferraro requested Council further consider imposing an Interim -Control By-law to
halt all development in Belmont Village until the proposed planning study could
be completed. M. Ferraro expressed concerns with further development
applications being submitted in Belmont Village prior the completion of the study
without adequate regulations in place to preserve the character of the Village. M.
Ferraro clarified both the Westmount and Cherry Park Neighbourhood
Associations that have actively engaged in the Planning process for 660 Belmont
Avenue West.
In response to questions, R. Bustamante indicated the Manager of Policy, noting
the work is anticipated to begin in Spring 2022. Questions were raised regarding
the recently released Housing Affordability Task Force Report from the Province
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of Ontario and what impacts the proposed changes may have with completing
the proposed study. R. Bustamante noted while the Province has identified
potential changes to the Planning Act, it is premature to speak to which policies
would implemented and further what transition regulations would be approved. R.
Bustamante stated staff will be attentive to legislated changes as they are
approved and imposed. R. Bustamante further advised the motion does provide
the Chief Administrative Officer the authority to adjust staffing requirements as
necessary to complete the work as directed.
Councillor P. Singh questioned what the proposed intentions are for the public
engagement process. R. Bustamante indicated staff will be using various public
engagements methods to ensure the engagement is wide -spread, diverse and
equitable. In response to further questions, regarding the proposed boundary for
the proposed for study. R. Bustamante advised staff will use the comments
received from the community related to the subject application, as well as the
Urban Corridor Boundary identified in the Official Plan as a means of scoping out
the project.
It was noted the proposed motion does not contemplate the implementation of an
Interim -Control By-law.
Councillor J. Gazzola requested a recorded vote.
Moved by Councillor M. Johnston
Seconded by Councillor C. Michaud
"WHEREAS for the past 18 months, Council and staff have received a
significant amount of correspondence from residents regarding the
planning application for 660 Belmont Ave; and,
WHEREAS these comments focus on the community's appreciation of
Belmont Village and the community it represents, as well as an interest in
how it develops as a result of their affection for Belmont Village; and,
WHEREAS Council has not observed such extensive engagement from
the community regarding a development application in recent years; and,
WHEREAS Council has heard from many residents that Belmont Village is
a unique community gem and it is worthy of further study and careful
planning;
THEREFORE BE IT RESOLVED That Planning staff be directed to initiate
a planning study for the Belmont Village Urban Corridor which will
evaluate the applicable planning policies, develop new or refined policy
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directions, and include a comprehensive engagement plan for residents,
businesses and the community at large;
THEREFORE BE IT FURTHER RESOLVED That recommendations
related to urban design and built form emerging through the planning
study for the Belmont Village Urban Corridor be integrated into the City's
Official Plan through the upcoming Official Plan Review which will begin in
early 2023;
THEREFORE IT FINALLY BE RESOLVED That the Chief Administrative
Officer be directed to review the workload of the Planning Policy &
Research team, including the incorporation of this planning study into the
workplan, and to make resource and headcount adjustments as required
to deliver on the workplan subject to the ability to fund the resources within
anticipated Planning fee revenues."
In Favour (10): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor C. Michaud,
Councillor K. Galloway-Sealock, Councillor P. Singh,
Councillor B. loannidis, Councillor M. Johnston,
Councillor D. Chapman, and Councillor S. Marsh
Contra (1): Councillor J. Gazzola
Carried, on a recorded vote (10 to 1)
7. REPORTS OF COMMITTEES
7.1 AUDIT COMMITTEE - JANUARY 24, 2022
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That the report of Audit Committee, dated January 24, 2022, listed as
items 7.1.a to 7.1.c. on the agenda this date, be adopted."
7.1.a 2022 Internal Audit Work Plan, CAO -2022-008
"That the 2022 Internal Audit work plan be approved as outlined in the
Chief Administrative Office report CAO -2022-008."
7.1.b City Facility Usage Policy, CAO -2022-036
Carried
15
"That council policies MUN-FAC-380 City Hall Public - Use and MUN-
FAC-443 Groups or Events Usage - City Hall, Community Centres &
Rooms in Other Facilities be repealed and replaced with the City Facility
Usage by Groups and Events council policy attached as Appendix 'A' to
Chief Administrative Office report CAO -2022-036."
Carried
7.1.c 4th Quarter 2021 Audit Status Report, CAO -2022-009
"That Chief Administrative Office report CAO -2022-009, regarding the 4th
Quarter 2021 Audit Status Report, be received for information."
Carried
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - FEBRUARY 7, 2022
Councillor J. Gazzola requested Development Services Department report listed
as item 7.2.a. on the Finance and Corporate Services Committee, dated
February 7, 2022 related to sidewalk infill be voted on separately.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That the report of the Finance and Corporate Services Committee, dated
February 7, 2022, listed as items 7.2.b. to 7.2.d. on the agenda this date,
be adopted."
7.2.a All -Way Stop Control Installations, DSD -2022-057
"That an all -way stop control be installed at the intersection of Halifax
Drive and Natchez Road, as outlined in Development Services
Department report DSD -2022-057; and,
That an all -way stop control be installed at the intersection of Duke Street
West and Shanley Street; and further,
That the Uniform Traffic Bylaw be amended accordingly."
Carried
7.2.b 2022 Development Charge Study Initiation, FIN -2022-066
"That staff be directed to publish a development charges background
study and hold a required statutory public meeting prior to passing a bylaw
W.
to authorize the collection of development charges as required under
section 12 of the Development Charges Act, as outlined in Financial
Services Department report FIN -2022-066."
Carried
7.2.c Proposed Use of 2 King Street West, DSD -2022-058
"That the development of a Sustainable Development Goals Lab "SDG
Lab" at 2 King Street West, as outlined in Development Services
Department report DSD -2022-058, be approved; and,
That $400,000 be allocated from the Economic Development Investment
Fund 2.0 (EDIF 2.0) to support capital improvements to initiate the
Sustainable Development Goals Lab "SDG Lab" located at 2 King Street
West, as outlined in report DSD -2022-058; and,
That $350,000 be allocated from the Economic Development Investment
Fund 2.0 (EDIF 2.0) to support ongoing operations of the Sustainable
Development Goals Lab "SDG Lab" located at 2 King Street West,
including an annual allocation of $100,000 as the partnership contribution
of the Waterloo Region Small Business Centre, as outlined in report DSD -
2022 -058; and,
That the Waterloo Region Small Business Centre be permitted to add one
full-time and one part-time resource to support the ongoing operations of
the Sustainable Development Goals Lab "SDG Lab" for the duration of the
pilot, to be funded through the combined annual revenues of the "SDG
Lab", in accordance with all applicable Collective Bargaining Agreements;
and,
That staff be directed to report back on the SDG Lab project and
document metrics that communicate the need, impact, and success of the
initiative; and,
That the General Manager, Development Services, or designate be
authorized to execute partnership and/or lease agreements with all major
partners at 2 King St W, in accordance with report DSD -2022-058, with
said agreements to be satisfactory to the City Solicitor; and further,
That the Executive Director, Economic Development, or designate be
authorized to execute license agreements for a term of 3 years or less
with SDG Lab licensees at 2 King St W, with said agreements to be
satisfactory to the City Solicitor."
17
Carried
7.2.d Sidewalk Infill through Street Reconstructions in 2022, DSD -2022-053
Councillor J. Gazzola addressed Council on the sidewalk infill proposed for Ann
Street and Becker Street, noting both streets are similar in nature, yet Council
has taken a different position on the installation of sidewalks on Becker Street
than on Ann Street. It was noted sidewalk infill was voted down the Finance and
Corporate Services Committee meeting on February 7, 2022, noting a preference
to take a similar position on Becker Street and requested Council not to approve
that sidewalk installation.
Councillor Gazzola requested a recorded vote.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That sidewalks be installed on both sides of Becker Street, as outlined in
Development Services Department report DSD -2022-053; and,
That sidewalks be installed on the east side of Southdale Avenue and a
boulevard multi -use trail be installed on the west side; and further,
That Council receive, for information purposes only, other sidewalk infill
locations in 2022 that are pre -approved, as per the Sidewalk Infill Policy
MUN-STR-2004."
In Favour (10): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor C. Michaud,
Councillor K. Galloway-Sealock, Councillor P. Singh,
Councillor B. loannidis, Councillor M. Johnston,
Councillor D. Chapman, and Councillor S. Marsh
Contra (1): Councillor J. Gazzola
Carried, on a recorded vote (10 to 1)
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - FEBRUARY 7,
2022
7.3.a Official Plan Amendment and Zoning By-law Amendment - 134 and 152 Shanley
Street - DSD -2022-033
Carried, under Delegations
19
7.4 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - FEBRUARY 9,
2022
7.4.a Official Plan Amendment Application OPA20/005/W/JVW and Zoning By-law
Amendment Application ZBA20/013/W/JVW - 660 Belmont Ave. W. - DSD -2022-
041
Carried, as amended, under Delegations
7.4.b Notice of Motion - M. Johnston - Planning Review of Belmont Village
Carried, under Delegations
8. UNFINISHED BUSINESS - NIL
9. NEW BUSINESS
9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC
B. Vrbanovic advised the Province has made announcements as about lifting
pandemic restrictions, noting as of March 1, 2022 residents no longer have to
show proof of vaccination.
10. QUESTIONS AND ANSWERS
11. BY-LAWS
11.1 1ST AND 2ND READING
At the request of D. Saunderson, Manager of Council Committee Services /
Deputy Clerk, Council agreed to three additional By-laws related to Planning and
Strategic Services report Items 7.3.a and 7.4.a on the agenda this date related to
- Zoning by-law amendment - 132 and 154 Shanley Street and Zoning by-law
amendment - 660 Belmont Avenue West.
Moved by Councillor S. Marsh
Seconded by Councillor S. Davey
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
11.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
19
11.1.b To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
11.1.c 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.
11.1.d To further amend By-law No. 88-171, being a by-law to designate private
roadways as fire routes and to prohibit parking thereon.
11.1.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.
11.1.f Being a by law to provide for the establishing and laying out of part of
Valencia Avenue as public highway in the City of Kitchener.
11.1.g Being a by-law to amend Chapter 101 of The City of Kitchener Municipal
Code with respect to Appointment of Staff.
11.1.h To confirm all actions and proceedings of the Council.
11.1.i Being a by-law to adopt Amendment No. 15 to the Official Plan.
11.1.j Being a by-law to amend By-law 85-1, as amended and By-law 2019-051,
as amended, known as the Zoning By-laws for the City of Kitchener —
2701098 Ontario Inc. — 134 and 152 Shanley Street.
11.1.k Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — 660 Belmont Avenue West and
part of Belmont Lane East.
12. COMMITTEE OF THE WHOLE
On motion, Council resolved itself into the Committee of the Whole to consider its
agenda and was Chaired by Councillor K. Galloway-Sealock.
12.1 TENDERS
12.1.a T21-046 Downtown Kitchener — Tree and Paver Replacement - FIN -2022-067
D. McGoldrick, General Manager, Infrastructure Services, was in attendance to
respond to questions from Council.
it was resolved:
"That Tender T21-046 Downtown Kitchener - Tree and Paver
Replacement, be awarded to Helmutz Landscape and Interlock, Kitchener,
20
Ontario, at their tendered price of $1,163,229, plus provisional items of
$152,220, plus H.S.T. of $171,008, for a total of $1,486,457.37".
Carried
12.1.b T22-001 Road Improvements, Road Surface Construction, Miscellaneous
Asphalt and Concrete Work - FIN -2022-100
J. Lautenbach, Chief Financial Officer, was in attendance to respond to questions
from Council.
it was resolved:
"That Tender T22-001 Road Improvements, Road Surface Construction,
Miscellaneous Asphalt and Concrete Work, be awarded to Ekum-Sekum
o/a Brantco Construction, Cambridge, Ontario, at their tendered price of
$6,098,353.00, including contingencies of $250,000.00, plus H.S.T. of
$792,785.89, for a total of $6,891,138.89."
Carried
12.1.c T22-008 Franklin Street South (Wilson Avenue to Kingsway Drive) Road
Reconstruction - FIN -2022-097
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a pecuniary interest with respect to T22-008 Franklin Street South (Wilson
Avenue to Kingsway Drive) Road Reconstruction - FIN -2022-097 on the
Committee of the Whole agenda this date as members of his family own property
in the vicinity of the subject project. Accordingly, he did not participate in any
discussion or voting regarding these matters.)
As per the previously declared pecuniary interest Councillor P. Singh did not
participate in any discussion of voting on this matter.
it was resolved:
"That Tender T22-008 Franklin Street South (Wilson Avenue to Kingsway
Drive) Road Reconstruction, be awarded to J. Weber Contracting Limited,
Breslau, Ontario, at their tendered price of $3,871,271.15, including
provisional items and contingencies of $281,400.00, plus H.S.T. of
$539,847.25, for a total of $4,692,518.40."
Carried
21
12.1.d T22-007 Downtown Cycling Network Construction (Cedar Street, Ontario Street
South) - FIN -2022-101
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a pecuniary interest with respect to T22-007 Downtown Cycling Network
Construction (Cedar Street, Ontario Street South) - FIN -2022-101 on the
Committee of the Whole agenda this date as members of his family own property
in the vicinity of the subject project. Accordingly, he did not participate in any
discussion or voting regarding these matters.)
As per the previously declared pecuniary interest Councillor P. Singh did not
participate in any discussion of voting on this matter.
it was resolved:
"That Tender T22-007 Downtown Cycling Network Construction (Cedar
Street, Ontario Street South), be awarded to Steed and Evans Limited, St.
Jacobs, Ontario, at their tendered price of $1,195,828.34, including
provisional items and contingencies of $117,446., plus H.S.T. of
$170,725.67, for a total of $1,484,000.02."
Carried
12.1.e Centre in the Square (CITS) Washroom Renovations - INS -2022-111, INS -2022-
111
J. Lautenbach, Chief Financial Officer, was in attendance and responded to
questions from Council.
it was resolved:
"That funding be reallocated to the CITS Washroom Renovation project
from the following accounts:
• $1,043,945.65 from the CITS General Provision capital account
• $560,000.00 State of Good Repair (SOGR) capital account"
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor M. Johnston
Carried
22
"That the proceedings and the 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
14.1 3RD READING
Moved by Councillor D. Schnider
Seconded by Councillor D. Chapman
"That the by-laws be given third reading, namely:
14.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
(By Law No. 2022-015)
14.1.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. 2022-016)
14.1.c 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. 2022-017)
14.1.d 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. 2022-018)
14.1.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.
(By Law No. 2022-019)
14.1.f Being a by law to provide for the establishing and laying out of part of
Valencia Avenue as public highway in the City of Kitchener.
(By Law No. 2022-020)
23
14.1.8 Being a by-law to amend Chapter 101 of The City of Kitchener Municipal
Code with respect to Appointment of Staff.
(By Law No. 2022-021)
14.1.h To confirm all actions and proceedings of the Council.
(By Law No. 2022-022)
14.1.1 Being a by-law to adopt Amendment No. 15 to the Official Plan.
(By Law No. 2022-023)
14.1.j Being a by-law to amend By-law 85-1, as amended and By-law 2019-051,
as amended, known as the Zoning By-laws for the City of Kitchener —
2701098 Ontario Inc. — 134 and 152 Shanley Street.
(By Law No. 2022-024)
14.1.k Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — 660 Belmont Avenue West and
part of Belmont Lane East.
(By Law No. 2022-025)
be taken as read a third time, be finally passed and numbered serially by
Clerk."
15. ADJOURNMENT
On motion, the meeting adjourned at 1:00 a.m.
Mayer ale.
Carried
24