Council Meeting Minutes

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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. Ioannidis
  • Councillor M. Johnston
  • Councillor D. Chapman
  • Councillor S. Stretch
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
  • G. Stevenson, Director, Development & Housing Approvals
  • B. Cronkite, Director, Transportation Services
  • D. Saunderson, Deputy Clerk
  • M. Blake, Committee Administrator

The meeting began at 7:29 p.m. this date, with a Land Acknowledgement given by the Mayor and the singing of “O Canada.”

On motion by Councillor D. Chapman the minutes of the regular meeting held March 18, 2024, and special meetings held March 18 and March 25, 2024 as circulated to the Mayor and Councillors, were accepted.

Councillor P. Singh declared a conflict with regards to item 8.1 Notice of Motion - D. Chapman - Bramm Street Parking, listed under unfinished business on the agenda this date, as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.

Mayor Vrbanovic and D. Chapman, Chief Administrative Officer, recognized J. Readman, General Manager, Development Services, for 10 years of Municipal Management by the Canadian Association of Municipal Administrators.

Council considered Infrastructure Services Department report INS-2024-126 entitled Kitchener Indoor Recreation Complex - Target Cost and Design Update, listed as Item 7.2.j. on the agenda this date.

Tim Hart and Franck Hivert, Kitchener Soccer Club, spoke in support of the staff recommendation and in support of the construction of a new Kitchener Indoor Recreation Complex, which includes a Fifa size turf field within the proposed sports complex and its positive impact on the Kitchener Soccer community. T. Hart then responded to questions from Council related to their program and its successes.

It was requested that the following matter be voted on, by recorded vote.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Schnider

    "That, in order to better meet the current, future and diverse recreation needs of the community, the design of the Kitchener Indoor Recreation Complex (KIRC) be improved by making changes and adding amenities outlined in Infrastructure Services Department report, INS-2024-126, including but not limited to:

      • A larger FIFA-sized indoor turf facility
      • A larger leisure/program pool
      • An elevated walking track
      • A second floor which includes viewing galleries for both pools
      • An indoor cricket batting cage
      • Increased landscaping surrounding the facility; and,

    That, the Kitchener Indoor Recreation Complex be built and operated as the City’s first net-zero carbon facility, and as one of the most sustainable recreation facilities in Canada by, amongst other things:

      • Targeting a very high level of energy efficiency and building performance through the use of geothermal heating and cooling
      • Adding solar panels to the roof of the facility
      • Pursuing certification under the Canda Green Building Council Zero Carbon Building Standard v3 – Design without the use of carbon offsets or renewable energy certificates; and,

    That the total budget for the Kitchener Indoor Recreation Complex be approved at $143,820,000 (including non-refundable HST), and that additional debenture financing in the amount of $47,915,000 be authorized for a term not to exceed 25 years (to be repaid from future development charge revenue); and further,

    That staff be directed to execute the supplementary agreement with the IPD team signatories for the construction phase of the project."

    Carried, unanimously on a recorded vote

Council considered Corporate Services Department report COR-2024-113, listed as item 12.1.b on the Committee of the Whole agenda this date, related to a recommendation from the Dog Designation Appeal Committee. In addition, Council was in receipt of written submissions from S. Freddi to support her delegation.

Sofia Freddi addressed Council in opposition to the designation of her dog Meeko, as outlined in Report COR-2024-113. S. Freddi noted while there was a dog bite incident there were mitigating factors that resulted in the incident. S. Freddi expressed concern with the fact that the dog was designated, when Meeko does not have a history of displaying a tendency to attack or bite. S. Freddi spoke to the designation and matters outlined within the By-law, noting that the definition of a dangerous dog speaks to incidents that occur anywhere other than the dog owners property, whereas Meeko was involved in an incident on the property of his owner. S. Freedi stated she is opposed to the condition for sterilization of the dog, indicating it has been proven inaccurate to reducing testosterone-based aggression. S. Freddi requested that Council rescind the dog designation for Meeko, noting he has never, other than this incident, shown any agressions to other animals or people in her home. 

Mariana Jones addressed Council in opposition to the designation applied to Meeko who spoke in opposition to the recommendation as outlined in COR-2024-113 related to Meeko. M. Jones indicated she was speaking to Council as a dog behaviourist related to the behaviour of Meeko. M. Jones stated, in her opinion, the incident was an isolated incident, which was a reaction to how the other dog and its owner were being challenged. M. Jones stated she viewed Meeko on a walk and based on her observations, she does not feel that the dog should not be considered dangerous or potentially dangerous.

Questions were raised related to the delegation from the dog behaviorist and whether the Committee when rendering their decision was privy to that information. Councillor J. Deneault stated the Dog Designation Appeal Committee was not in receipt of this information during the hearing process. Councillor J. Deneault stated the incident which resulted in the designation occured in October, the Hearing was scheduled in March. The appellant was provided the same opportunity to bring forward this information for the hearing when the Committee rendered their decision.

It was suggested and agreed that Clause two of the staff recommendation be amended to note that "the designation of Potentially Dangerous Dog with modified conditions, be ratified and confirmed".

  • Moved byCouncillor J. Deneault
    Seconded byCouncillor M. Johnston

    "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by C. Bertin, wherein the Committee affirms the Dangerous Dog Designation applied to the dog ‘Broly’ by the Humane Society of Kitchener-Waterloo and Stratford Perth, be ratified and confirmed with modified conditions, as outlined in Corporate Services Department report COR-2024-113; and further,

    That the decision of the Dog Designation Appeal Committee regarding an appeal filed by C. Bertin and S. Freddi, wherein the Committee substitutes the Dangerous Dog Designation applied to the dog ‘Meeko’ by the Humane Society of Kitchener-Waterloo and Stratford Perth and assigns the designation of Potentially Dangerous Dog with modified conditions, be ratified and confirmed, as outlined in Corporate Services Department report COR-2024-113."

    Carried, as amended

Council considered Official Plan Amendment Application OPA24/001/V/CD and Zoning By-law Amendment Application ZBA24/001/V/CD, 236-264 Victoria Street North, DSD-2024-132, listed as Item 7.4.a, which was considered at the Planning and Strategic Initiatives Committee earlier this date and deferred for further consideration to the Council meeting.

A. Sinclair, MHBC Planning, addressed Council in support of the application, noting since the Planning Meeting earlier this date, she has spoken to the applicant noting in regard to affordable housing, they are comfortable committing 32 units for affordable housing this date, which equates to 3% of the total unit count. Further to that, the property owner is willing to meet with Grand River Rocks (GRR), the existing commercial tenant to discuss their existing lease and their future within the space. A. Sinclair further advised she would be willing to be the point person between the property owner and GRR to keep them informed throughout the development process. A. Sinclair did indicate a potential challenge to supporting GRR request for free commercial parking spaces, noting while there is ample parking being proposed, it has been identified as shared parking between the residential uses and the commercial spaces to address the financial impacts of construction, noting to be able to provide the tenant dedicated spaces would be costly. Lastly A. Sinclair indicated she could maintain an open line of communication with the owners of Mei King Restaurant to ensure there is minimal impact to their operation.

A motion was brought forward by Councillor B. Ioannidis to defer consideration of this application to a Special Council meeting, yet to be scheduled, prior to April 19, 2024, which was seconded by Councillor C. Michaud, to allow further opportunity to dialogue with an existing commercial tenant "Grand River Rocks" related to proposed development and its impact on their existing lease agreement.

In response to questions related to the City's ability to enforce the commitments of the applicant as shared this date, G. Stevenson stated A. Sinclair is making an agreement on behalf of the owner, it would be preferred to get the agreement in writing to, but regardless the City would not have a mechanism to enforce their commitments. G. Stevenson further advised with some additional time this evening, if it was Council's wish, staff would be willing to accept an email in lieu of a written letter to assist with Council's consideration, with the caveat that a formal letter would come later in the week.

Councillor S. Davey brought forward an amendment to substitute the deferral date for consideration to prior to the end of the Council meeting, later this date, which was seconded by Councillor P. Singh.

Councillor S. Davey's amendment was then voted on and was LOST.

  • Moved byCouncillor B. Ioannidis
    Seconded byCouncillor C. Michaud

    "That the following motion be deferred to a Special Council meeting, to be scheduled prior to April 19, 2024, to allow the applicant an additional opportunity to dialogue with an existing commercial tenant "Grand River Rocks" related to proposed development and its impact on their existing lease agreement: 

    "That Official Plan Amendment Application OPA/24/001/V/CD for Vicner Inc. be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2024-132 as Attachment ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and

    That Zoning By-law Amendment Application ZBA24/001/V/CD for Vicner Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2024-132 as Attachment ‘B’; and

    That the Urban Design Report, dated December 2023, and attached to Report DSD-2024-132 as Attachment ‘F’, be adopted, and that staff be directed to apply the Urban Design Report through the Site Plan Approval process."" 

    Carried

Council considered Notice of Motion - D. Chapman - Bramm Street Parking, listed as item 8.1, where the matter was initially considered at the March 18, 2024 Council meeting and was deferred for consideration to the meeting this date.

B. Cronkite, Director, Transportation, was in attendance to respond to questions from Council, noting staff have no objection to the recommendation as proposed.

  • Moved byCouncillor D. Chapman
    Seconded byCouncillor A. Owodunni

    "WHEREAS prior to December 31, 2023 paid parking was required in the Bramm Street surface parking lot from Monday to Saturday between 8 am and 5 pm; and,

    WHEREAS on January 1, 2024 hours were changed at the Bramm Street surface parking lot to require payment for parking from Monday to Sunday between 8 am and midnight the same as mid-town Kitchener surface parking lots; and,

    WHEREAS surface parking lots within the Downtown Kitchener BIA boundary have received, and continue to receive, a taxpayer subsidy, due to LRT construction and COVID-19 impacts, to provide free parking between 5 p.m. and 6 p.m. on weekdays and all day Saturday;

    WHEREAS city-owned surface parking lots will be redeveloped over time to support housing and economic development objectives; and,

    WHEREAS delegates requested that Council change the hours which require payment at the Bramm Street surface parking lot, indicating that reverting to the previous hours would be an acceptable solution; and,

    THEREFORE BE IT RESOLVED THAT the Bramm Street surface parking lot fee structure revert to the model that was in place prior to January 2024 on a temporary basis, pending further review in 2024;

    THEREFORE BE IT FURTHER RESOLVED THAT the 5-6 p.m. weekday evening and Saturday daytime free parking economic development property tax subsidy within the Kitchener Downtown Business Improvement Area boundary be reviewed/reconsidered in 2024; and,

    THEREFORE BE IT FINALLY RESOLVED that a parking rate structure be considered as part of the 2025 budget which balances: 1) fair market value for parking; 2) the financial viability of the parking enterprise, and 3) efficient use of taxpayer funds to support downtown economic development goals."

    Carried

The Council meeting then recessed at 8:44 p.m. and reconvened at 9:28 p.m., chaired by Mayor B. Vrbanovic with all members present.

  • Moved byCouncillor C. Michaud
    Seconded byCouncillor D. Chapman

    "That the report of Heritage Kitchener, dated April 2, 2024, listed as items 7.1.a to 7.1.b on the agenda this date, be adopted."

    Carried
  • "That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 10 Duke Street West as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2024-133."

    Carried
  • "That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 91 Madison Avenue South as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2024-138."

    Carried
  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Schnider

    "That the report of the Community and Infrastructure Services Committee, dated March 25, 2024, listed as items 7.2.a to 7.2.i on the agenda this date, be adopted."

    Carried
  • "That 2024 community grants (Tier 2) in the amount of $209,415 be approved, as outlined in Attachment 'A' to Community Services Department report CSD-2024-108."

    Carried
  • "That the City of Kitchener Drinking Water Quality Management Standard (DWQMS): Management Review Summary for 2023 Report be received for information, as outlined in Infrastructure Services Department report INS-2024-050."

    Carried
  • "That the Uniform Traffic By-law be amended for the prohibition of on-street parking on both sides of Parkvale Drive from Huron Road to a point 65 metres west thereof, as outlined in Development Services Department report DSD-2024-101."

    Carried
  • "That Council endorse the tenant rate schedule and skills trade protocols developed to fit within the Creative Hub’s post-pilot operations and budget as outlined within Development Services Department report DSD-2024-065; and further,

    That the Director of Culture & Entertainment, or delegate, be authorized to execute licence agreements for a term of two years or less with tenants of the Creative Hub, to the satisfaction of the City Solicitor."

    Carried
  • "That the 2023 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg. 170/03 Schedule 22 of the Safe Drinking water Act, as outlined in Infrastructure Services Department report INS-2024-051; and further,

    that the City of Kitchener provide a copy of the Summary Drinking Water Report to the Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg. 170/03."

    Carried
  • "That the list of proposed Neighbourhood Associations, as attached to the Community Services Department report CSD-2024-102, be approved for affiliation for the year 2024 and added to the City’s third-party liability insurance program."

    Carried
  • "That the Blair Creek Drive Extension Schedule ‘B’ Class Environmental Assessment Project File Report (PFR) prepared by MTE Consultants Inc., dated February 2024, which recommends Alternative 2 as the preferred solution, as outlined in Development Services Department report DSD-2024-104, be received; and further,

    That Blair Creek Drive Extension Schedule ‘B’ Class Environmental Assessment Project File Report (PFR) be filed with the Ministry of the Environment for the mandatory thirty (30) days review period as required by the Environmental Assessment (EA) Act."

    Carried
  • "That the Hidden Valley Flood Risk Reduction Municipal Class Environmental Assessment – Project File Report, prepared by Matrix Solutions Inc., dated March 7, 2024, which recommends Alternative 4 as the preferred solution, be received as outlined in Development Services Department report, DSD-2024-119; and further,

    That the Hidden Valley Flood Risk Reduction Municipal Class Environmental Assessment – Project File Report, 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."

    Carried
  • "That Council approve the Environmental Study Report: Schneider and Shoemaker Creeks Naturalization Schedule ‘C’ Municipal Class Environmental Assessment prepared by Stantec Consulting Ltd. and dated March 8, 2024 together with the recommended approaches, as outlined in Infrastructure Services Department report INS-2024-129; and,

    That staff be directed to file the report for the 30-day public review period as required by the Environmental Assessment Act; and further,

    That upon formal completion of the Environmental Assessment, staff be directed to proceed with the detailed design and implementation of Stage 1 of the recommendations."

    Carried
  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That the report of the Planning and Strategic Initiatives Committee, dated March 25, 2024, listed as items 7.3.a to 7.3.b on the agenda this date, be adopted."

    Carried
  • "That the Mayor and Clerk be authorized to execute a limiting distance agreement with the registered owner(s) of Block 132, Registered Plan 58M-642, known as 630 Benninger Dr, pursuant to Section 9.10.14.2.(4) of the Building Code: said agreement is to permit 5 blocks of stacked townhouses with a limiting distance for the exposed building face being measured to a point beyond the property line on to the adjacent property, Block 134 Registered Plan 58M-642, known as 16 Nathalie St (City of Kitchener stormwater management pond), to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD-2024-112."

    Carried
  • "That the Kitchener Growth Management Strategy Annual Monitoring Report, as outlined in Development Services Department report DSD-2024-130 be used as the basis to fulfill Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Regional Municipality of Waterloo regarding delegated approval authority."

    Carried
  • "That the report of the Planning and Strategic Initiatives Committee, dated April 8, 2024, listed as item 7.5.a on the agenda this date, be adopted."

    Carried
  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards to item 8.1 Notice of Motion - D. Chapman - Bramm Street Parking, listed under unfinished business on the agenda this date, ;as he has family that owns property within the vicinity, and he did not participate in any voting or discussion on the matter.)
  • Carried, under Delegations

On motion, Council resolved itself into the Committee of the Whole to consider its agenda and was Chaired by Councillor D. Chapman.

  • Moved byCouncillor S. Stretch

    it was resolved:

    "That effective immediately Aminka Belvitt, Jennifer Birnstihl and Grant Eveleigh be appointed to the Downtown Advisory Committee for the term ending November 14, 2024."

    Carried

Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by Councillor S. Davey to discuss Information Item listed as 12.2.4 on the agenda, which was voted on and was Carried.

  • Moved byCouncillor S. Davey

    “That the Chief Administrative Officer (CAO) be authorized to approve the acquisition of interests in land (fee simple, easement, right of way), including executing any documentation, satisfactory to the City Solicitor, to facilitate the municipal requirements as presented in Appendix A of Development Services Department report DSD-2024-172, provided that the transactions fall within the approved budgets set out therein and that the Mayor and Clerk be authorized to execute the necessary documentation to effect any such approved transactions, said documentation to be to the satisfaction of the City Solicitor; and,

    That the Director of Planning and Housing Policy or their designate be authorized to agree to reimburse additional legal costs and other applicable costs associated with the acquisitions as set out in Appendix A of Report DSD-2024-172, provided that such costs fall within the approved budget; and further,

    That the Director of Planning and Housing Policy or their designate be authorized to issue comfort/commitment letters relating to acquisitions of interest as discussed at the in camera meeting of Council held on April 8, 2024.”

    Carried

On motion, Council rose from the Committee of the Whole.

  • Moved byCouncillor D. Chapman
    Seconded byCouncillor J. Deneault

    “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

On motion, the meeting adjourned at 9:36 p.m.