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HomeMy WebLinkAboutCouncil Minutes - 2023-10-30 SSpecial Council Meeting Minutes October 30, 2023, 4:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Deneault Councillor C. Michaud Councillor A. Owodunni Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor A. Clancy Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator 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 L. MacDonald, City Solicitor B. Rowland, Director, Corporate Communications and Marketing A. Fusco, Director Legislated Services / City Clerk D. Saunderson, Deputy Clerk M. Blake, Committee Administrator M. Mills, Committee Administrator 1 1. Commencement A meeting of City Council was held at 4:37 p.m. this date, chaired by Mayor B. Vrbanovic. Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. The meeting began with a Land Acknowledgement given by the Mayor. 2. Unfinished Business 2.1 Official Plan Amendment Application OPA23/0121W/CD, Zoning By-law Amendment Application ZBA23/022/W/CD, 83-87 Weber Street East, Brigade Holdings Corporation, DSD -2023-322 Council considered Official Plan Amendment Application OPA23/012/W/CD, Zoning By-law Amendment Application ZBA23/022/W/CD, 83-87 Weber Street East, Brigade Holdings Corporation, DSD -2023-322, which was previously considered at the Planning and Strategic Initiatives Committee on October 2, 2023 and deferred at the Council meeting on October 16, 2023, to allow an opportunity for staff to review the applicants proposed amendments to achieve additional density for the proposed development. R. Bustamante, Director, Planning and G. Stevenson, Manager, Development Review were in attendance to respond to questions from the Committee. S. Litt, Vive Development and Pierre Chauvin, MHBC Planning were in attendance to respond to questions from Council. S. Litt advised the proposed amendments include an increase to the proposed building height from 25 (78m Tall) to 32 storeys (99m Tall); and an increase the floor space ratio (FSR) from 14 to 18. S. Litt confirmed the setback has been increased from 2m to 5m, and noted of the 110 proposed units, 35 will be one -bedroom units, and 55 will be two-bedroom units; the remaining will be three-bedroom units. In response concerns raised by the adjacent property owner, S. Litt noted a third party engineer will be hired to assess the condition of the adjacent property prior to construction and following construction, to effectively respond to any damages that may occur. In response to questions from the Committee, G. Stevenson noted that staff remain in support of the initial recommendation proposed to the Committee on October 2, 2023, noting the recommendation as outlined in the report is based on Urban Planning guidelines and policies that were previously approved by Council. E Councillor P. Singh brought forward the motion to approve the recommendations as outlined in Development Services Department report, DSD -2023-322, which was seconded by Councillor D. Chapman. Councillor S. Davey brought forward an amendment, which was seconded by Councillor loannidis, to approve an increased building height from 25 (78m Tall) to 32 storeys (99m Tall); a Floor Space Ratio (FSR) from 14 to 18, and to include an clause stating, "that pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/022/W/CD." It was requested this matter be dealt with on a recorded vote. Councillor S. Davey's amendment was voted on, and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, C. Michaud, A. Owodunni, P. Singh, B. loannidis, M. Johnston and A. Clancy voting in favour; and, Councillors J. Deneault and D. Chapman voting in opposition. Moved by Councillor P. Singh Seconded by Councillor D. Chapman "That Official Plan Amendment Application OPA/23/012/W/CD, for the property municipally addressed as 83-87 Weber Street East, for Brigade Holdings Corporation requesting a land use designation change from 'Market District' to `Market District with Specific Policy Area 9' to permit a 32 -storey mixed use development, with a Floor Space Ratio (FSR) of 18, on the lands specified and illustrated on Schedule `A', be adopted as amended this date, in the form shown in the Official Plan Amendment attached to Report DSD -2023-322 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/022/W/CD for Brigade Holdings Corporation be approved, including the proposed amendments this date and in the form shown in the 'Proposed By-law', and 'Map No. 1', attached to Report DSD -2023-299 as Appendix 'B"' In Favour (10): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor A. Owodunni, Councillor P. Singh, Councillor B. loannidis, Councillor M. Johnston, Councillor D. Chapman, and Councillor A. Clancy Contra (1): Councillor J. Deneault Carried, as amended, on a recorded vote (10 to 1) 3 3. 4 5. 6. 7. 7.1 Disclosure of Pecuniary Interest and the General Nature Thereof Councillor Singh declared a pecuniary interest on part of Item 6.5 on the Special Council agenda earlier this date, related to the Potential Land Acquisition and Disposition (Land Acquisition and Disposition - Section 239 (c)) as his family owns property in the vicinity of a subject property and he did not participate in any voting or discussion related to that matter. Mayoral Business and Updates - Mayor B. Vrbanovic None. In -camera Meeting Authorization Moved by Councillor A. Clancy Seconded by Councillor M. Johnston "That an in -camera meeting of City Council be held immediately following the special council meeting this date to consider six matters, a personal matter having an identifiable individual; four matters including land acquisition or disposition; and, the sixth matter being a land disposition matter and having confidential information about competitive positions/contracts/negotiations as authorized by Sections 239 (b) (c) and (j) of the Municipal Act, 2001, respectively." Carried Recess and Reconvene The special council meeting then recessed at 5:28 p.m. and reconvened at 6:44 p.m., chaired by Mayor B. Vrbanovic, with all members present. Items Arising from In -Camera Employee Recruitment Matter (Personal Matter, Identifiable Individual - Section 239 (b)) Moved by Councillor P. Singh Seconded by Councillor A. Owodunni "That staff be directed to proceed in accordance with the in -camera direction in Report COR -2023-484 on October 30, 2023, regarding a labour relations matter which also relates to personally identifiable individuals." Carried M 7.2 Interim Operating Agreement - City Owned land (Land Disposition - Section 239 (c)) Moved by Councillor D. Schnider Seconded by Councillor A. Clancy "That the Mayor and Clerk be authorized to execute an operating agreement with Green Light Arts (or affiliated/related company), for the space municipally known as 36 King Street West, based on the proposed terms discussed at the October 30, 2023 in -camera meeting of Council, with said agreement being to the satisfaction of the City Solicitor." Carried 7.3 City Park - Land Exchange (Land Disposition - Section 239 (2) (c)) Moved by Councillor D. Schnider Seconded by Councillor M. Johnston "That the Mayor and Clerk be authorized to sign an Agreement of Purchase and Sale with the Waterloo Catholic District School Board to authorize a land exchange on the same terms and conditions as authorized by resolution at the December 22, 2022 meeting of Council with the addition of the revised terms and conditions discussed at the October 16, 2023, in -camera meeting of Council; and further, That said agreement to be to the satisfaction of the City Solicitor." Carried 8. By-laws At the request of the D. Saunderson, Manager, Council and Committee Services / Deputy Clerk, it was noted with the decision related to Official Plan amendment and Zone Change Application for 83-87 Weber Street East being approved, Council was being requested to add the those by-laws, as amended this date, which were listed under the later starter heading on the agenda this date formally to the agenda for Council's consideration. 8.1 Three Readings Moved by Councillor B. loannidis Seconded by Councillor C. Michaud l 9. "That the by-laws be given third reading, namely: 8.1.a Being a by-law to adopt Amendment No. 33 to the Official Plan - 83-87 Weber Street East. (By-law 2023-141) 8.1.b Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — Brigade Holdings Corporation — 83-87 Weber Street East. (By-law 2023-142) 8.1.c To confirm all actions and proceedings of the Council for October 30, 2023. Adjournment On motion the meeting adjourned at 6:42 p.m. Mayor erk (By-law 2023-144) Carried N