HomeMy WebLinkAboutCouncil Minutes - 2023-02-27171"HENER
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February 27, 2023, 700 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 41
Absent: Mayor B. Vrbanovic
Councillor S. Davey
Councillor D. Schnider
Councillor J. Deneault
Councillor C. Michaud (participated virtually)
Councillor A. Owodunni
Councillor P. Singh
Councillor B. loannidis
Councillor M. Johnston
Councillor D. Chapman
Councillor A. Clancy
Staff: D. Chapman, Chief Administrative Officer (participated virtually)
M. May, General Manager, Community Services and Deputy
Chief Administrator
V. Raab, General Manager, Corporate Services
B. Cronkite, Acting General Manager, Development Services
Department
J. Lautenbach, Chief Financial Officer, Financial Services
D. McGoldrick, General Manager, Infrastructure Services
A. Fusco, Director Legislated Services / City Clerk
G. Stevenson, Interim Director, Planning
M. Blake, Committee Administrator
The electronic meeting began with a Land Acknowledgement given by the Mayor
9.nd the singing of "0 Canada."
Mayor B. Vrbanovic recognized Black History Month and Black Heritage Month
and the Hymn to Freedom was presented.
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1 11•
Mayor B. Vrbanovic acknowledged the one-year anniversary of the Russian war
against Ukraine.
On motion by Councillor J. Deneault the minutes of the regular meeting held
January 30, 2023, and special meetings held January 23 and 30, 2023, as
mailed to the Mayor and Councillors, were accepted.
�3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3A Mayor B. Vrbanovic - Official Plan Amendment Application
OPA22/02/F/BB, Zoning By-law Amendment Application ZBA2210BB,
142-146 Fergus Avenue, 2467491 Ontario Inc., DSD -2023-051
Mayor B. Vrbanovic declared a conflict with item 7.3.a. on the agenda this date
with regards to the Official Plan Amendment Application OPA22/02/F/BB, Zoning
By-law Amendment Application ZBA22/02/F/BB, 142-146 Fergus Avenue,
2467491 Ontario Inc., DSD -2023-051, due to owning property within the vicinity
of the subject property and did not participate in any voting or discussion on the
matter.
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Councillor P. Singh declared a conflict with regards to Settlement of a Matter
Before the Ontario Land Tribunal that was arising for Council consideration this
date, which was also considered as item 2.5 on the Special Council agenda
earlier this date, as his family owns property in the vicinity of the subject property.
4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request Under Policy MUN-FAC-442
4.1.a Parental Alienation Canada - April 25, 2023 - May 2, 2023
5. PRESENTATIONS - NIL
6. DELEGATIONS
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Saniya Sharma and Zhala Akbari, provided a presentation regarding
environmental sustainability highlighting three options to improvement the
environment and reduce Greenhouse Gases (GHG) including LED Street Lights,
Fuel Switch and Solar Energy abilities in development applications. Costs
associated with the options were highlighted. Members of Council asked
questions regarding biofuels, and implementation and received responses from
the delegates.
Moved by Councillor S. Davey
SecoTm.led b% Cou
"That the report of the Finance and Corporate Services Committee, dated
February 13, 2023, listed as items 7.1.a to 7.1.b on the agenda this date,
*e adopted."
"That the 2023-2027 Accessibility Plan, as attached to Community
Services Department report CSD -2023-004, be approved as the
Corporation of the City of Kitchener's Accessibility Plan."
7.1.b McLean-Peister Limited, 375 New Dundee Road -Section 20 Development
Charges Complaint, FIN -2023-064
"That the complaint of McLean-Peister Limited in relation to the City of
Kitchener's development charges imposed for its development at 375 New
Dundee Road as set out in Financial Services Department report FIN -
2023 -064 be dismissed."
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7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
FEBRUARY 13,2023
Councillor C. Michaud declared a pecuniary interest with respect to Biehn Drive
and Sanitary Trunk Sewer Extension Class Environmental Assessment (EA) =
Environmental Study Report, DSD -2022-188 due to a family member owning
property within the vicinity of the subject property and did not participate in any
voting or discussion on the matter.
"That the report of the Community and Infrastructure Services Committee,
dated February 13, 2023, listed as items 7.2.a to 7.2.c on the agenda this
date, be adopted."
"That the Uniform Traffic and Parking Bylaw be amended to prohibit
parking on the north (even -numbered) side of Briar Knoll Drive from a
point 68 rn west of Calmcrest Drive to a point 29 meters west thereof, as
tutlined in Development Services Department report DSD -2023-023."
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"That the Mayor and Clerk be authorized to execute an agreement,
subject to the satisfaction of the City Solicitor, with Ontario Health for the
Multi -Sector Service Accountability Agreement, as outlined in Community
Services Department report CSD -2023-008; and further,
That the CAO or the Deputy CAO of Community Services be authorized to
execute the necessary documentation relating to compliance, reporting,
and operational matters required by the Multi -Sector Service
Accountability Agreement between The Corporation of the City of
Kitchener and Ontario Health."
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"That Chapter 633 (Fill - Dumping Alteration of Grade) of the City of
Kitchener Municipal Code be amended to include the Site Alteration By-
. aw as outlined in Attachment 'A' of Development Services Department
-eport DSD -2023-058."
7.2.d Biehn Drive and Sanitary Trunk Sewer Extension Class Environmental
Assessment (EA) - Environmental Study Report, DSD -2022-188
"That the following motion be deferred to the March 20, 2023 Council
Meeting to allow an opportunity to further review the scoring for
alternative 4 outlined in the Environmental Assessment; the traffic demand
needs for the community; alternative servicing and construction options;
additional environmental impacts such as flooding and salt contamination;
impacts on future development and housing supply; and, future
construction of Robert Ferrie Drive:
"That the Biehn Drive and Trunk Sanitary Sewer Extension Clal
Environmental Assessment (EA) - Environmental Study Report
prepared by BT Engineering, dated January 18, 2023, be receive
?.nd,
That the Biehn Drive and Trunk Sanitary Sewer Extension
Environmental Study Report (ESR), be filed with the Ministry of the
Environment Conservation and Parks (MECP) for the mandatory thirty
(30) day review period as required by the Environmental Assessment
(EA) Act, as outlined in Development Services Department report
DSD -2022-188."
In Favour (10): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor J. Deneault,
Councillor A. Owodunni, Councillor P. Singh,
Councillor B. loannidis, Councillor M. Johnston,
Councillor D. Chapman, and Councillor A. Clancy
FOIRETI-WO
I
7,3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - FEBRUARY 13,
2023
7.3.a Official Plan Amendment Application OPA22/02/F/BB, Zoning By-law
Amendment Application ZBA22/02/F/BB, 142-146 Fergus Avenue, 2467491
Ontario Inc., DSD -2023-051
Mayor B. Vrbanovic declared a conflict on this item. (Mayor B. Vrbanovic
declared a conflict with item 7.3.a. on the agenda this date with regards to the
Official Plan Amendment Application OP'' ii Zoning By-law
Amendment Application ZBA22/02/F/BB, 142-146 Fergus Avenue, 2467491
Ontario Inc., DSD -2023-051, due to owning property within the vicinity of the
subject property and did not participate in any voting or discussion on the
matter.)
Due to the noted conflict, Mayor B. Vrbanovic vacated the Chair and did not
participate and any voting or discussion on the matter. Councillor P. Singh
assumed the role of the Chair.
In response to a question from Council, Kristen Barisdale, GSP Group,
addressed that the increased height and density to warrant affordable housing
was not feasible, so the application remained as status quo.
Moved by Councillor A. Clancy
Seconded by Councillor B. loannidis
"That Official Plan Amendment Application OPA22/02/F/BB for 2467491
Ontario Inc. requesting a change to the Land Use Designation on the
parcel of land specified and illustrated on Schedule W, be adopted, in the
form shown in the Offal Plan Amendment as Appendix "A" to
Development Services Department report DSD -2023-051, and ba.
forwarded to the Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA22/02/F/BB for 2467491
Ontario Inc. for the property municipally addressed as 142-146 Fergus
Avenue, be approved in the form shown in the "Proposed By-law" and
"Map No. 1 " attached as Appendix "B" to Report DSD -2023-051; and,
That the Urban Design Brief prepared by GSP Group Inc. and attached as
Appendix "C" to report DSD -2023-051 be adopted, and that staff be
directed to apply the Urban Design through the Site Plan Approval
process."
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7.3.b Zoning By-law Amendment ZBA/22/027/B/CD , Blocks 22, 25, 28 and Part oi
Blocks 20,21,r 27, 29 Plan 58M-643,. !• •:
Activa Holdings Inc., DSD -2023-054
• •, V 111 i••
• `• by • oSingh
Secondedby • • M Chapmar
"That Zoning By-law Amendment Application ZBA22/027/B/CD for Activa
Holdings Inc. for a vacant parcel identified as Blocks 22, 25, 28 and part of
blocks 20, 21, 23, 24, 26, 27, 29 Plan 58M-643 (Trussler West
Subdivision) be approved in the form shown in the "Proposed By-law", and
"Map No. 1", attached to Development Services Department Report, DSD -
1' 154 as Appendix i•
Official Plan AmendmentP17/0031FIGS, Zoning i, • .'
0Frederick 40, 44, & 48 Becker s -..,
Walser Funeral Home•,DSD-2022-478 Follow-up ,I
2023-062 & DSD -2023-085
Council considered Development Services Department report DSD -2023-082
related to Planning applications Official Plan Amendment OP17/003/F/GS,
Zoning - • 1 !/F/GS, 507 FrederickStreet, 1 44, ;, 48
Becker Street, Henry Walser Funeral Home Ltd recommending a further deferral
tf the applications to the March 20, 2023 Council meeting at the applicants
request to allow additional opportunity to consider options discussed at the
January 9, 2023 Planning and Strategic Initiatives Committee.
"That the following motion be deferred to the March 20, 2023 Council
Meeting, as requested by the applicant to allow additional time to review
options thatdiscussed at the Planning and Strategic Initiatives
Committee on . . •' 2023,related to • parking
potential building re -design, removal of Becker Street from the proposed
rezoning and to explore options regarding parking on Becker Street and
on the land legally described as Plan 42, Pt Lots 27 to 30, RP 58R-1 5854
P
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That under Section 84(4) of the Funeral, Burial and Cremati
Services Act, staff be directed to send a copy of the Council decisi
to publish notice of the decision in The Record newspaper."
Mayor B. Vrbanovic addressed the approval of the Region of Waterloo 2021
Wudget including approval of the reinstatement of the waste receptacles at Gra
River Transit (GRT) transit stops and River Road/New Dundee road ext( I
19.2 Notice of Motion - M. Johnston - Amend 2023 Council and Committee-
C-7-le-td,?r
"That the 2023 Council and Committee calendar be amended to
reschedule Audit Committee from March 20, 2023 to April 17, 2023."
Members of Council raised questions regarding the implementation of Automated
Speed Enforcement (ASE) for Westheights Drive and Franklin Street during non -
school hours, consistency of speed limits in school zones with area
municipalities, data collection in ASE zones, communication regarding the
implementation of ASE and received responses from B. Cronkite, Acting General
Manager, Development Services.
An amendment was moved by Councillor B. loannidis and seconded by
Councillor P. Singh to replace the last operative clause with "Therefore be it
further resolved that staff be directed to review the appropriate speed limit in all
current ASE zones and report back on this matter prior to the fall 2023."
Councillor loannidis's amendment was voted on and was Carried.
Moved by Councillor B. loannidis
Seconded by Councillor P. Singh
"WHEREAS 30km/h school zones have been implemented across the
City as per the Council approved Neighbourhood Speed Limit project;
WHEREAS safety concerns regarding speeding and street safety continue
to be a top concern for Kitchener residents;
'11'MEREAS school zone bylaws on Region of Waterloo and City of
Kitchener streets are not consistent in terms of the speed limit and time of
'ITMEREAS Automated Speed enforcement (ASE) has been installed on
Westheights Drive and Franklin Street and residents find driving under the
30km/h hour posted speed limit extremely challenging;
THEREFORE BE IT RESOLVED THAT staff be directed to investigate
appropriate speed limits and time of day restrictions in school zones on
City of Kitchener streets and report back to Council prior to the start of the
2023 school year;
THEREFORE BE IT FINALLY RESOLVED THAT staff be directed to
review the appropriate speed limit in all current ASE zones and report
back on this matter prior to the fall 2023."
In Favour (10): Mayor B. Vrbanovic, Councillor S=
Davey, Councillor D. Schnider, Councillor J. Deneault,
Councillor C. Michaud, Councillor A. Owoclunni,
Councillor P. Singh, Councillor B. loannidis,
Councillor M. Johnston, and Councillor A. Clancy
Council was requested to waive notice and consider a Notice of Motion from
Councillor S. Davey regarding the potential for increasing the 50 km/hr speed
limit on Bingeman Centre dr. to 60 km/hr.
R P SIR• 11 •111
Moved by Councillor S. Davey
Seconded by Councillor D. Schnid]
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"That pursuant to Section 25.4.4 (f) of Chapter 25 (Council Procedure) of
the Municipal Code, the requirement for Notice of Motion be waived to add
Notice of Motion from Councillor S. Davey regarding a review of the
t,xisting speed limits on Bingemans Centre Drive and whether the limit can
be increased from 50 km/hr to 60 km/hr."
"That staff be directed to review the potential for increasing the 50 km/h
speed limit on Bingeman Centre Drive to 60 km/h."
MHEEA�_, M
At the request of A. Fusco, Director of Legislated Services/City Clerk, Council
agreed to one additional by-law related to Community and Infrastructure Services
report item 7.2.c, Site Alteration By-law Amendment; two additional by-laws
related to Planning and Strategic Initiatives report item 7.3.a. Fergus Avenue;
and, one additional by-law related to Planning and Strategic Initiatives report item
7.3.15, Trussler West Subdivision.
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
11. 1.a Being a by law to provide for the establishing and laying out of part of
Rosenberg Way as public highway in the City of Kitchener.
11.1.bTo further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
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11. 1.c Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
11.1. 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.eTo 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. Being a By-law to amend Chapter 633 of the it of Kitchener Municipal
Code.
11.1. Being a by-law to adopt Amendment No. 20 to the Official Plan - 142 and
146 Fergus Avenue.
11.1. Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the it of Kitchener 2467491 Ontario Inc. - 142 and
146 Fergus Avenue.
11.1.1 Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Aciv a Holdings Inc. — Blocks 22,
25, 28 and part of Blocks 20, 21, 23, 24, 26, 27 and 29, Plan 58M-643.
11.1.j To confirm all actions and proceedings of the Council for February 27,
2023.
'112. COMMITTEE OF THE WHOLE
On motion, Council resolved itself into the Committee of the Whole to consider its
agenda and was Chaired by Councillor Deneault.
12.1 ADMINISTRATIVE REPORTS
12.1. 2023 Dog Designation Committee (Alternate Member Appointment), COR -2023-
075
it was resolved:
"That effective immediately Councillor C. Michaud be appointed as an
alternate member tote Dog Designation Appeal Committee for the term
ending November 14, 2023, as outlined on the Corporate Services
Department report COR -2023-075."
HE
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a conflict with regards to Settlement of a Matter Before the Ontario Land Tribunal
that was arising for Council consideration this date, which was also considered
as item 2.5 on the Special Council agenda earlier this date, as his family owns
property in the vicinity of the subject property.)
Council considered this matter arising from an in -camera meeting held earlier this
date.
"That the City Solicitor be authorized to settle the Ontario La
Tribunal (OLT) appeal pertaining to 146-162 Victoria Street Sout
Kitchener and 92-110 Park Street, Kitchener in accordance with thl
direction given in -camera on February 27, 2023 including, if necessa
the execution of Minutes of Settlement."
T
"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."
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Moved by Councillor A. Clancy
otiOe4' bv
Due to the previously declared conflict by Mayor B. Vrbanovic the Zoning By-law
for 142-146 Fergus Avenue was voted on separately and was Carried.
E
Due to the previously declared conflict by Councillor P. Singh the Confirmato
By-law was voted on separately and was Carried. I
14.1.a Being a by law to provide for the establishing and laying out of part of
Rosenberg Way as public highway in the City of Kitchener.
;i M
14.1.bTo further amend By-law No. 2010-190, being a by-law to prohi
unauthorized parking of motor vehicles on private property.
14. 1.c Being a by-law to amend Chapter 110 of The City of Kitchener Municipa'
Code regarding By-law Enforcement.
NZMMUZV� •
14.1.d To further amend By-law No. 88-171, being a by-law to designate privM"-
roadways as fire routes and to prohibit parking thereon. I
14.1.eTo further amend By-law No. 2008-117, being a by-law to authori4
certain on -street and off-street parking of vehicles for use by persons wi
a disability, and the issuing of permits in respect thereof. I
14.1.f Being a By-law to amend Chapter 633 of the City of Kitchener Municipal
Code.
w2mmuzl1 �'•
14.1.g Being a by-law to adopt Amendment No. 20 to the Official Plan - 142 and
146 Fergus Avenue.
14.1.h Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener 2467491 Ontario Inc. - 142 and
146 Fergus Avenue.
us
14.1.1 Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Activa Holdings Inc. — Blocks 22,
25, 28 and part of Blocks 20, 21, 23, 24, 26, 27 and 29, Plan 58M-643.
(By-law No. 2023-022)
14.1.j To confirm all actions and proceedings of the Council for February 27,
2023.
15. ADJOURNMENT
On motion, the meeting adjourned at 8:40 p.m.
ACTING Mayor e Sc h h � e r Clerk
(By-law No. 2023-023)
Carried
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