MINUTES

Corporation of the City of Cambridge

Special Council Meeting - Statutory Public Meeting

Meeting #:
Date:
, 10:00 a.m. (Statutory Public Meeting) and reconvening at 5:00 p.m. (Special Council)
Location:
Virtual Meeting
Council Members In Attendance:
  • Mayor McGarry, 
  • Councillor Reid - Ward 1, 
  • Councillor Mann - Ward 3, 
  • Councillor Liggett - Ward 4, 
  • Councillor Wolf - Ward 5, 
  • Councillor Adshade - Ward 6, 
  • Councillor Hamilton - Ward 7, 
  • and Councillor Ermeta - Ward 8
Regrets:
  • Councillor Devine - Ward 2
Staff Members in Attendance:
  • Hardy Bromberg, Deputy City Manager - Community Development, 
  • Yogesh Shah, Deputy City Manager - Infrastructure Services, 
  • Cheryl Zahnleiter, Deputy City Manager - Corporate Enterprise, 
  • Sheryl Ayres - Chief Financial Officer, 
  • Lisa Shields - City Solicitor, 
  • Danielle Manton - City Clerk, 
  • Jennifer Shaw - Deputy City Clerk, 
  • Michael Oliveri - Council Committee Services Coordinator, 
  • Rachel Latour - Administrative Assistant, 
  • Lisa Prime - Chief Planner, 
  • and Kevin De Leebeeck - Director of Engineering
Others in Attendance:
  • Brian Arnold - Acting Deputy City Manager, Corporate Services and Fire Chief

    Greg Elgie - Business Systems Analyst

    Lisa Chominiec - Sustainable Transportation Coordinator

    Rachel Greene - Senior Planner

    Michael Campos - Planner 1 Site Development / Zoning


The meeting of the Council of the Corporation of the City of Cambridge is held virtually via Microsoft Zoom and live streamed to the City of Cambridge website. Mayor McGarry welcomes everyone present and calls the meeting to order at TIME

  • Motion:22-248
    Moved byCouncillor Ermeta
    Seconded byCouncillor Liggett

    THAT Report 22-089-CD Public Meeting Report: Transit-Oriented Development Community Improvement Plan be received;

    AND THAT the Transit-Oriented Development Community Improvement Plan be referred back to staff for a subsequent report and staff recommendation. 

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Motion:22-249
    Moved byCouncillor Mann
    Seconded byCouncillor Reid

    THAT Report 22-114-CD Public Meeting - 506, 510 and 516 Hespeler Road and 1000 Langs Drive - OPA and ZBA - Legion Heights Hespeler Inc. be received;

    AND THAT application OR06/22 for 506, 510 and 516 Hespeler Road and 1000 Langs Drive be referred back to staff for a subsequent report and staff recommendation 

    In Favour (7)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, and Councillor Ermeta
    Absent (2)Councillor Devine, and Councillor Hamilton
    Carried (7 to 0)
  • Motion:22-250
    Moved byCouncillor Reid
    Seconded byCouncillor Mann

    THAT Report 22-115-CD Public Meeting - 932 Eagle Street North - OPA and ZBA - BHR Properties be received; 

    AND THAT application OR07/20 for 932 Eagle Street North be referred back to staff for a subsequent report and staff recommendation. 

    In Favour (7)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, and Councillor Ermeta
    Absent (2)Councillor Devine, and Councillor Hamilton
    Carried (7 to 0)
  • Motion:22-251
    Moved byCouncillor Reid
    Seconded byCouncillor Wolf

    THAT Report 22-132-CD Public Meeting Report - 581-595 Langs Drive - Official Plan and Zoning By-law Amendment - c/o Douglas Stewart, IBI Group be received;

    AND THAT application OR07/22 for 581-595 Langs Drive be referred back to staff for a subsequent report and staff recommendation. 

    In Favour (7)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, and Councillor Ermeta
    Absent (2)Councillor Devine, and Councillor Hamilton
    Carried (7 to 0)
  • Motion:22-252
    Moved byCouncillor Ermeta
    Seconded byCouncillor Adshade

    THAT all items listed under the heading of Consent Agenda for September 27, 2022 Council Agenda be adopted as recommended.

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Motion:22-253
    Moved byCouncillor Mann
    Seconded byCouncillor Adshade

    THAT Report No 22-031-OCM Cambridge and North Dumfries Energy Plus inc. (“Energy Plus”) and Brantford Power Inc. (BPI) Merger Participation Agreement – Closing Adjustment Documents be received; 

    AND THAT no objection be given to the City of Brantford with respect to the Brantford Closing Financial Statements, the reports of the auditor thereon, and the Tallgrass Appraisal (as those terms are defined in the Merger Participation Agreement), prepared in accordance with Section 2.4(a) of the duly executed Merger Participation Agreement, resulting in the payment of a special dividend payable to the City of Brantford in the amount of approximately $125,000 as a result of the applicable calculation of adjustments to closing valuations (the “Closing Valuations”) of Energy Plus and BPI pursuant to Section 2.5 of the Merger Participation Agreement (set out in a letter dated August 29, 2022 by GrandBridge Corporation to its shareholders, with attachments, as revised pursuant to a letter dated September 20, 2022), it being understood that the Brantford Closing Financial Statements, the reports of the auditor thereon, and the Tallgrass Appraisal shall be deemed to have been approved in the absence of such objection by City of Cambridge and the Township of North Dumfries;

    AND THAT, in respect of the submission for consideration by GrandBridge Corporation of a further adjustment to the Closing Valuations with respect to certain write-offs of deferred financing costs related to BPI’s credit facility, City Council has received such submission and considers that no changes to the adjustment set out in paragraph 2 above result therefrom;

    AND FURTHER THAT the Board of Directors of GrandBridge Corporation and the Council of the Township of North Dumfries, in their capacity as a shareholder in the former Energy Plus and now a shareholder of GrandBridge Corporation, be circulated a copy of this Resolution.  

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Motion:22-254
    Moved byCouncillor Mann
    Seconded byCouncillor Hamilton

    THAT Report 22-027-CRE Core Areas Community Improvement Plan Financial Incentives Update be received by Council for information;

    AND THAT a change be approved in wording for Appendix E of the Core Areas Community Improvement Plan – Fee Waiver Program.

    AND FURTHER THAT the change in wording for Appendix E of the Core Areas Community Improvement Plan – Fee Waiver Program be applied retroactively to August 3, 2021.

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Councillor Mann declared a conflict on this item. (Owns a Unit in a neighboring building that could result in financial benefit for himself as a result of this development.)
  • Motion:22-255
    Moved byCouncillor Reid
    Seconded byCouncillor Wolf

    THAT Report 22-094-CD Recommendation Report – 255 King Street West Official Plan and Zoning By-law Amendments – North Development Corporation be received;

    AND THAT Cambridge Council adopts Official Plan Amendment No. 56 with Site-Specific Policy 8.10.91 to increase the maximum number of dwelling units to 600, establish a maximum height to 16 storeys, and permit residential uses on the ground floor of a mixed-use building, and that the adopted Official Plan Amendment be submitted to the Region of Waterloo for Approval;

    AND THAT Cambridge Council approves the proposed Zoning By-law Amendment to amend the zoning from C1RM2 s.4.1.125 (Mixed-Use Commercial and Residential) and RM3 (Multiple Residential) s.4.1.125 to C1RM2 (Mixed-Use Commercial and Residential) s. 4.1.430 and OS1 (Open Space) with a Holding (H) Provision, to allow an increase in the maximum number of dwelling units to 600, establish a maximum building height of 16 storeys, and reduce parking and setbacks for 255 King Street West;

    AND THAT Council accept the recommendations included in the “Revised Heritage Impact Assessment for 255 King Street West” Staff Report to the Municipal Heritage Advisory Committee included as Appendix I to Report 22-094-CD.

    AND THAT Cambridge Council is satisfied that a subsequent public meeting in accordance with subsection 34(17) of the Planning Act is not required;

    AND THAT Amendment No. 56 to the City of Cambridge Official Plan (2012), included as Appendix A to Report 22-094-CD, be passed;

    AND FURTHER THAT the By-law to amend Zoning By-law 150-85, included as Appendix B to Report 22-094-CD be passed as amended.

    In Favour (5)Mayor McGarry, Councillor Reid, Councillor Wolf, Councillor Adshade, and Councillor Hamilton
    Opposed (2)Councillor Liggett, and Councillor Ermeta
    Conflict (1)Councillor Mann
    Absent (1)Councillor Devine
    Carried (5 to 2)
  • Motion:22-256
    Moved byCouncillor Reid
    Seconded byCouncillor Mann

    THAT Report 22-128-CD Recommendation Report – 212 Queen Street West – Official Plan Amendment and Zoning By-law Amendment – 2303623 Ontario Inc. (c/o Blackthorn Development Corp.) be received; 

    AND THAT Cambridge Council adopts the proposed Official Plan Amendment to permit a maximum allowable density of 167 units per hectare within the “Low/Medium Density Residential” designation applied to the subject lands through Site-Specific Policy Number 55, and that the adopted Official Plan Amendment be submitted to the Region of Waterloo for approval; 

    AND THAT Cambridge Council approves the proposed Zoning By-law Amendment to rezone the subject lands from “Residential – R4” and “Commercial – C5” to the “Multiple-Residential – (H)RM2” zone with a site-specific provision s.4.1.431 to permit increased density and a holding provision.  

    AND THAT Cambridge Council is satisfied that a subsequent public meeting in accordance with subsection 34(17) of the Planning Act is not required;

    AND FURTHER THAT the by-laws attached to this report be passed.

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Motion:22-258
    Moved byCouncillor Adshade
    Seconded byCouncillor Mann

    THAT Report 22-103-CD – Recommendation Report – OPA & ZBA – 193 Water Street South and 62 Highman Avenue – LJM Developments (c/o John Ariens, IBI Group) be received;

    AND THAT Cambridge Council adopts the proposed Official Plan Amendment to re-designate the subject lands from “Natural Open Space System” to “High Density Residential” and Site-Specific Policy 8.10.89 in the City of Cambridge Official Plan to facilitate a residential development with a maximum Floor Space Index (FSI) of 3.61, and that the adopted Official Plan Amendment be submitted to the Region of Waterloo for Approval;

    AND THAT Cambridge Council approves the proposed Zoning By-law Amendment to re-zone the subject lands from the “Open Space – OS1” and “Residential – R4” zones to the “Multiple-Residential – (F)(H)RM2”, s.4.1.429 and “Open Space – OS4” zones with a Holding Provision, to facilitate the proposed development of 991 residential units;

    AND THAT a design in accordance with the recommendations of the Heritage Impact Assessment be reviewed and accepted at the site plan approval phase;

    AND THAT Cambridge Council is satisfied that a subsequent public meeting in accordance with subsection 34(17) of the Planning Act is not required;

    AND FURTHER THAT the by-laws attached to this report be passed.

    In Favour (5)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Wolf, and Councillor Hamilton
    Opposed (3)Councillor Liggett, Councillor Adshade, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (5 to 3)
  • Amendment:
    Motion:22-257
    Moved byCouncillor Adshade
    Seconded byCouncillor Liggett

    That consideration of report 22-103-CD– Recommendation Report – OPA & ZBA – 193 Water Street South and 62 Highman Avenue – LJM Developments (c/o John Ariens, IBI Group) be deferred to a future meeting date to permit the applicant to complete further consultation with the community, staff, and Council. 

    In Favour (3)Councillor Liggett, Councillor Adshade, and Councillor Ermeta
    Opposed (5)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Wolf, and Councillor Hamilton
    Absent (1)Councillor Devine
    Defeated (3 to 5)
  • Motion:22-260
    Moved byCouncillor Reid
    Seconded byCouncillor Mann

    THAT Report 22-123-CD - Repealing of Heritage Designation Bylaw and Heritage Easement Agreement -102 Fountain Street South, be received;

    AND THAT the By-law attached to this report, being a by-law to repeal by-law 16-92, be enacted and passed;

    AND THAT Council authorizes the Clerk to publish a Notice of Repealed Designation By-law in the Cambridge Times; 

    AND THAT the By-law attached to this report, being a by-law to repeal the by-law registering a heritage easement on title for the property municipally known as 102 Fountain Street South, the former Preston Springs hotel, be enacted and passed;

    AND THAT the City Solicitor be authorized to take the necessary steps to remove from the title to the property the heritage easement agreement and designation bylaw registered on title for the property municipally known as 102 Fountain Street South, the former Preston Springs Hotel;  

    AND FURTHER THAT Council authorizes the appropriate staff to remove the property from the Municipal Heritage Properties Register.

    In Favour (6)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Wolf, Councillor Adshade, and Councillor Hamilton
    Opposed (2)Councillor Liggett, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (6 to 2)
  • Amendment:
    Motion:22-259
    Moved byCouncillor Liggett
    Seconded byCouncillor Ermeta

    That Council consider the repealing of heritage designation by-law and heritage easement agreement for 102 Fountain Street South during Closed Session

    In Favour (3)Councillor Liggett, Councillor Adshade, and Councillor Ermeta
    Opposed (5)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Wolf, and Councillor Hamilton
    Absent (1)Councillor Devine
    Defeated (3 to 5)
  • Motion:22-261
    Moved byCouncillor Hamilton
    Seconded byCouncillor Reid

    THAT the time limitations on the proceedings of Council set out in Section 16.27 of the Procedural By-law be waived to extend past the hour of 10:30 p.m.

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Motion:22-262
    Moved byCouncillor Liggett
    Seconded byCouncillor Ermeta

    THAT in accordance with Section 239 (e) and (f) of the Municipal Act, 2001, Council to convene in Closed Session at 10:15 p.m. to consider the following subject matters:

    (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality (Litigation Update - 211-215 Queen St. W. and Litigation Update 731 and 436 Fountain Street S.)

    (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Litigation Update - 211-215 Queen St. W. and Litigation Update 731 and 436 Fountain Street S.)

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Motion:22-263
    Moved byCouncillor Wolf
    Seconded byCouncillor Hamilton

    THAT Council rise from Closed Session and reconvene in Open Session at 11 p.m.

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Motion:22-264
    Moved byCouncillor Reid
    Seconded byCouncillor Hamilton

    THAT all presentations and correspondence from the September 27, 2022 Special Council meeting be received. 

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
  • Motion:22-265
    Moved byCouncillor Mann
    Seconded byCouncillor Hamilton

    THAT the following by-laws listed under the heading of Introduction and Consideration of By-laws be enacted and passed:

    22-058 Being a by-law to adopt Amendment No. 56 to the City of Cambridge Official Plan (2012), as amended (255 King Street West)

    22-059 Being a by-law to amend Zoning By-law 150-85, as amended, with respect to land municipally known as 255 King Street West

    22-060 Being a by-law to adopt Amendment No. 55 to the City of Cambridge Official Plan (2012), as amended (212 Queen Street West)

    22-061 Being a by-law to amend Zoning By-law 150-85, as amended, with respect to land municipally known as 212 Queen Street West

    22-062 Being a by-law to adopt Amendment No. 54 to the City of Cambridge Official Plan (2012), as amended (193 Water Street South)

    22-063 Being a by-law to amend Zoning By-law 150-85, as amended, with respect to land municipally known as 193 Water Street South and 62 Highman Avenue

    22-064 Being a by-law to repeal By-law 16-92, a by-law to designate the exterior of the stucco-clad brick Preston Springs Hotel building located on the property municipally known as 102 Fountain Street South 

    22-065 Being a by-law to repeal the by-law registering a heritage easement agreement Instrument No. 1449887 on title for the property municipally known as 102 Fountain Street South

    In Favour (6)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Wolf, Councillor Adshade, and Councillor Hamilton
    Opposed (2)Councillor Liggett, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (6 to 2)
  • Motion:22-266
    Moved byCouncillor Liggett
    Seconded byCouncillor Mann

    That By-Law 22-066 being a by-law to confirm the proceedings of the Council of the Corporation of the City of Cambridge be passed

    In Favour (6)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Wolf, Councillor Adshade, and Councillor Hamilton
    Opposed (2)Councillor Liggett, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (6 to 2)
  • Motion:22-267
    Moved byCouncillor Mann
    Seconded byCouncillor Wolf

    THAT the Council meeting does now adjourn at 11:15 p.m.

    In Favour (8)Mayor McGarry, Councillor Reid, Councillor Mann, Councillor Liggett, Councillor Wolf, Councillor Adshade, Councillor Hamilton, and Councillor Ermeta
    Absent (1)Councillor Devine
    Carried (8 to 0)
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