Council Meeting Minutes

Monday, January 22, 2024 at 7:00 P.m. - 9:00 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. Ioannidis
• Councillor M. Johnston
• Councillor D. Chapman (virtually)
• 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
• B. Rowland, Director, Corporate Communications and Marketing
• A. Fusco, Director Legislated Services / City Clerk
• S. Weber, Chief of Staff
• D. Saunderson, Deputy Clerk

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1.

COMMENCEMENT

The meeting began with a Land Acknowledgement given by the Mayor and the singing of “O Canada.”

1.1

Girl Guides will be in attendance for the singing of “O Canada.”

Welcomed by Mayor B. Vrbanovic, the 24th Kitchener Embers, 28th Kitchener Embers, 24th Kitchener Guides, 26th Kitchener Guides, 28th Kitchener Guides, 25th Kitchener Pathfinders, 28th Kitchener Pathfinders, 11th Kitchener Sparks and 22nd Kitchener Rangers led the Mayor and Members of Council and all those in attendance for the signing of "O Canada"

2.

OFFICE OF WARD 10 - COUNCILLOR APPOINTMENT AND OATH OF OFFICE - STEPHANIE STRETCH

A. Fusco, Director, Legislated Services/City Clerk conducted the Oath of Office for the newly appointed member of Kitchener City Council, for Ward 10, Councillor S. Stretch.

3.

WELCOME - SHANNON WEBER, CHIEF OF STAFF, OFFICE OF THE MAYOR AND COUNCIL

Mayor B. Vrbanovic welcomed Shannon Weber, Chief of Staff, in the Office of the Mayor and Council, who joined the City at the beginning of 2024.

4.

MINUTES FOR APPROVAL

On motion by Councillor S. Davey the minutes of the regular meeting held December 11, 2023, and special meetings held December 11, 2023, December 14, 2023 and January 8, 2024, as mailed to the Mayor and Councillors, were accepted.

5.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

5.1

Councillor B. Ioannidis - Habitat for Humanity – Housing Affordability Fund (HAF)

Councillor B. Ioannidis declared a pecuniary interest with respect to item 6.1 Habitat for Humanity - Housing Affordability Fund (HAF), as the organization is one of his employers, and he did not participate in any voting or discussion on the matter.

5.2

Councillor S. Stretch - Heritage Permit Application HPA-2023-IV-030, 149-151 Ontario St N and 21 Weber St W, Partial Demolition with Retention of Facades and New Construction of a 27-storey Mixed-Use Tower, DSD-2024-008

Councillor S. Stretch declared a pecuniary interest with respect to item 8.2.a Heritage Permit Application HPA-2023-IV-030, 149-151 Ontario St N and 21 Weber St W, Partial Demolition with Retention of Facades and New Construction of a 27-storey Mixed-Use Tower, DSD-2024-008, as she lives within the vicinity of the subject property and did not participate in any voting or discussion on the matter.

5.3

Councillor P. Singh - Municipal Heritage Register Review - January 2024 Update, DSD-2024-022

Councillor P. Singh declared a pecuniary interest with respect to 8.2.b Municipal Heritage Register Review - January 2024 Update, DSD-2024-022, as he has family that own property within the vicinity, and he did not participate in any voting or discussion on the matter.

5.4

Councillor M. Johnston - Dog Designation Appeal - Adams, COR-2024-058, listed as Item 13.1.a

Councillor M. Johnston declared a conflict with Item 7.1 Dog Designation Appeal - Adams, COR-2024-058, which was also listed on the Committee of the Whole Agenda as item 13.1.a, as she knows an individual involved in the situation and she did not participate in any voting or discussion on the matter.

6.

COMMUNICATIONS REFERRED TO FILE

6.1

Flag Request Under Policy MUN-FAC-442

6.1.a

Sai Mandir - August 15, 2024

7.

PRESENTATIONS

7.1

Habitat for Humanity – Housing Affordability Fund (HAF)

• Councillor B. Ioannidis declared a conflict on this item. (Councillor B. Ioannidis declared a pecuniary interest with respect to item 6.1 Habitat for Humanity - Housing Affordability Fund (HAF), as the organization is one of his employers, and he did not participate in any voting or discussion on the matter.)

Philip Mills, Chief Executive Officer, Habitat for Humanity, was in attendance to provide a presentation regarding the Habitat for Humanity Build Now project and Housing Affordability Fund (HAF). Members of Council asked questions and received responses from the delegate.

7.2

Kitchener-Waterloo Oktoberfest

Tracy Van Kalsbeek, Executive Director, and Allan Cayenne, Board President, K-W Oktoberfest Inc. were in attendance to provide highlights from the 2023 Festival and an overview of festival plans for 2024.

Councillor P. Singh left the meeting and returned to the meeting at this time. 

Councillor C. Michaud left the meeting and returned to the meeting at this time.

Councillor D. Schnider left the meeting and returned to the meeting at this time.

7.3

Become a 'Better City for Pets' Update

Justine Sparling, Dog Friendly KW, provided an update on their request, noting since receiving Council support in December 2023, Dog Friendly KW, with support from the City of Kitchener and The Humane Society of Kitchener Waterloo & Stratford Perth were successful in submitting an application to the BETTER CITIES FOR PETS™ program and the City of Kitchener has earned City Certification, only the second City other than the Town of Caledon to achieve certification, which showcases the City's commitment to creating a pet-friendly community. 

Councillor D. Chapman left the meeting at this time and did not return.

8.

DELEGATIONS

8.1

Dog Designation Appeal - Adams, COR-2024-058, listed as Item 13.1.a

• Councillor M. Johnston declared a conflict on this item. (Councillor M. Johnston declared a conflict with Item 7.1 Dog Designation Appeal - Adams, COR-2024-058, which was also listed on the Committee of the Whole Agenda as item 13.1.a, as she knows an individual involved in the situation and she did not participate in any voting or discussion on the matter.)

Council considered Corporate Services Department report COR-2024-058, listed as item 13.1.a. 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 a written submission from J. Adams related to the recommendation as outlined in the report.

J. Adams addressed Council in opposition to the recommendation as outlined in the report.

Councillor M. Johnston left the meeting at this time.

• Moved by Councillor J. Deneault
  Seconded by Councillor A. Owodunni

  "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by J. Adams, wherein the Committee affirms the Potentially Dangerous Dog Designation applied to the dog ‘Abercrombie’ 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-2024-058; and further,

  That the decision of the Dog Designation Appeal Committee regarding an appeal filed by J. Adams, wherein the Committee affirms the Dangerous Dog Designation applied to the dog ‘Billy the Kid’ 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-2024-058."

  Carried

8.2

Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law Amendment Application ZBA23/018/W/TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD-2023-430, listed as item 9.9.1

Council considered Development Services Department report DSD-2023-430, related to Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law Amendment Application ZBA23/018/W/TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD-2023-430, listed as item 9.9.1 on the agenda this date.

Councillor M. Johnston returned to the meeting at this time.

Kristen Barisdale, GSP Group and Jennifer Passy, Waterloo Catholic District School Board, were in attendance in support of the staff recommendation.

Members of Council asked questions regarding automated speed enforcement and received responses from the delegates. 

Gary Minter and Ron Geisler, delegated in opposition of the staff recommendation noting student safety and transportation concerns with the proposed approach. The delegates requested that Council confirm affirmative actions by the Region of Waterloo and Waterloo Catholic District School Board, and requested a deferral on the matter until the concerns addressed at the previous meetings are considered.

• Moved by Councillor P. Singh
  Seconded by Councillor D. Schnider

  "That Official Plan Amendment Application OPA23/011/W/TS for the Waterloo Catholic District School Board, for the property municipally addressed as 20 Woolner Trail, requesting the addition of Specific Policy Area No. 67 for the lands specified and illustrated as the “Area of Amendment” on Schedules ‘A’ and ‘B’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-430 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further,

  That Zoning By-law Amendment Application ZBA23/018/W/TS for the Waterloo Catholic District School Board be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-430 as Appendix ‘B’."

  Carried

9.

REPORTS OF COMMITTEES

9.1

FINANCE AND CORPORATE SERVICES COMMITTEE - JANUARY 8, 2024

• Moved by Councillor S. Davey
  Seconded by Councillor B. Ioannidis

  "That the report of the Finance and Corporate Services Committee, dated January 8, 2024, listed as items 8.1.a on the agenda this date, be adopted."

  Carried

9.1.a

Administrative Penalty System - Other Bylaw Offences, CSD-2023-121

• "That City Council authorize and direct staff to expand the Administrative Monetary Penalty System, as set out in Community Services Department report CSD-2023-121; and,

  That City Council approve the Administrative Penalty By-law for Non-Parking By-laws (Schedule A); and,

  That City Council approve the By-law to repeal and replace By-law 2019-040, being the Screening and Hearing Officer By-law (Schedule B); and,

  That City Council approve amendments to the following By-laws:

  • • Parks By-law Chapter 270, as amended
    • Animals Regulations Chapter 408, as amended
    • Dog Designations Chapter 420, as amended
    • Responsible Dog Ownership Chapter 421, as amended
    • Noise By-law Chapter 450, as amended
    • Public Nuisances - Chapter 467, as amended
    • Management of Shopping Carts Chapter 475, as amended
    • Alternative Massage Centres Chapter 508, as amended
    • Fences Chapter 630, as amended
    • Graffiti Chapter 637, as amended
    • Heat in Rented Dwellings Chapter 640, as amended
    • Lot Maintenance Chapter 650, as amended
    • Standards of Maintenance and Occupancy of Property Chapter 665, as amended
    • Signs Chapter 680, as amended
    • Snow and Ice Removal from Roofs and Sidewalks Chapter 687, as amended
    • Trees Chapter 690, as amended
    • Tree – Protection-Destruction-Injury Chapter 691, as amended
    • Vacant Building Secured Chapter 694, as amended
    • Open Air Burning Chapter 711, as amended
    • Fireworks and Fire Crackers Chapter 739, as amended
    • Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles Chapter 820, as amended
    • Excavations within Highways Chapter 827, as amended
    • Hedges and Other Objects Traffic Hazards Chapter 842, as amended
    • Work Permit – Work on Roadways Chapter 890, as amended
    • Boulevard Beautification and Maintenance Chapter 895, as amended; and further, 

  That City Council approve the amendments to the following policies relating to the Administrative Monetary Penalty System:

  • • GOV-COU-2015 - Conflict of Interest and Code of Conduct
    • GOV-COU-2016 – Public Complaints
    • GOV-COU-2017 - Recruitment and Selection of Screening and Hearing Officers
    • GOV-COU-2018 - Financial Management and Reporting
    • GOV-COU-2019 - Preventing Political Interference
    • GOV-COU-2020 - Undue Hardship."
  Carried

9.2

HERITAGE KITCHENER - JANUARY 9, 2024

Due to the previously declared conflicts items 8.2.a and 8.2.b. were dealt with separately.

• Moved by Councillor C. Michaud
  Seconded by Councillor M. Johnston

  "That the report of Heritage Kitchener, dated January 9, 2024, listed as items 8.2.a to 8.2.b on the agenda this date, be adopted."

  Carried

9.2.a

Heritage Permit Application HPA-2023-IV-030, 149-151 Ontario St N and 21 Weber St W, Partial Demolition with Retention of Facades and New Construction of a 27-storey Mixed-Use Tower, DSD-2024-008

• Councillor S. Stretch declared a conflict on this item. (Councillor S. Stretch declared a pecuniary interest with respect to item 8.2.a Heritage Permit Application HPA-2023-IV-030, 149-151 Ontario St N and 21 Weber St W, Partial Demolition with Retention of Facades and New Construction of a 27-storey Mixed-Use Tower, DSD-2024-008, as she lives within the vicinity of the subject property and did not participate in any voting or discussion on the matter.)

• "That pursuant to Sections 30(2), 33, and 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2023-IV-030, as outlined in Development Services Department report DSD-2024-008, be approved to permit:

  1. 1. 1. The partial demolition excluding the front (west) and south facades and the alteration of the roof, bay windows, brick quoining, door openings with transoms, and chimney on the property municipally addressed as 149-151 Ontario Street North; and,
        2. The new construction of a 27-storey mixed-use tower on the property municipally addressed as 149-151 Ontario Street North and 21 Weber Street West, subject to the following conditions:
           1. That the final Heritage Impact Assessment and Conservation Plan be submitted and approved by the Director of Housing and Development Approvals prior to the issuance of a Heritage Permit;
           2. That a final Temporary Protection Plan, including a Demolition and Stabilization Plan, Structural Assessment Report, and Risk Management Plan, be submitted to the satisfaction of the City’s Manager of Development Applications and the City’s Heritage Planner prior to the issuance of a Heritage Permit;
           3. That a final Documentation and Salvage Plan be submitted to the satisfaction of the City’s Manager of Development Applications and the City’s Heritage Planner prior to the issuance of a Heritage Permit;
           4. That the Demolition Permit be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a Demolition Permit; and,
           5. That the Building Permit be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a Building Permit."
  Carried

9.2.b

Municipal Heritage Register Review - January 2024 Update, DSD-2024-022

• Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a pecuniary interest with respect to 8.2.b Municipal Heritage Register Review - January 2024 Update, DSD-2024-022, as he has family that own property within the vicinity, and he did not participate in any voting or discussion on the matter.)

• "That pursuant to Section 29 of the Ontario Heritage Act, the cultural heritage value or interest be recognized, and designation pursued for the properties municipally addressed as 33 Eby Street South and 72 Victoria Street South, as outlined in Development Services Department report DSD-2024-022."

  Carried

10.

UNFINISHED BUSINESS

10.1

Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law Amendment Application ZBA23/018/W/TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD-2023-430

Councillor J. Deneault left the meeting and returned to the meeting as this time. 

• Carried, under Delegations

10.2

Official Plan Amendment Application OPA23/008/B/ES, Zoning By-law Amendment Application ZBA23/012/B/ES - 93-99 Benton Street and 39-43 St. George Street, DSD-2023-514

It was noted, although this this matter was deferred to the Council meeting this date, it would no longer included on the agenda for consideration as the applications have been appealed to the Ontario Land Tribunal (OLT).

11.

NEW BUSINESS

11.1

MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC

None.

11.2

Notice of Motion - D. Schnider - Affordable Housing

Councillor S. Davey left the meeting and returned to the meeting as this time. 

It was suggested and agreed that an additional clause be included in the recommendation stating, "THEREFORE BE IT FINALLY RESOLVED THAT staff be directed to circulate a copy of this resolution to the Region of Waterloo and other local area municipalities for consideration."

• Moved by Councillor D. Schnider
  Seconded by Councillor M. Johnston

  "WHEREAS the Region of Waterloo is experiencing housing crisis; 

  WHEREAS the City of Kitchener continues to respond in a strategic and agile manner to build a city for everyone where, together, we take care of the world around us – and each other;

  WHEREAS the City of Kitchener has committed to addressing affordable housing through the Housing For All Strategy;

  WHEREAS the City of Kitchener has identified underutilized City-owned lands as opportunities to support increased housing options, including affordable and attainable housing, through the Make It Kitchener 2.0 and the Housing for All strategies; 

  WHEREAS the City of Kitchener has recently partnered with the Government of Canada to increase housing through the Housing Accelerator Fund; 

  WHEREAS City Council, through the 2019-2022 Strategic Plan, tasked City staff to undertake a review of City-owned land; and,

  WHEREAS City of Kitchener staff expect to present a City-Owned Land Disposition Framework in early 2024;

  THEREFORE, BE IT RESOLVED THAT staff be directed to identify surplus and/or underutilized parcels of City-owned land including surface parking lots which could be considered for the development of housing, including supportive and affordable housing and to present a list of options to City Council by the end of Q2 of 2024;

  THEREFORE BE IT FINALLY RESOLVED THAT staff be directed to circulate a copy of this resolution to the Region of Waterloo and other local area municipalities for consideration."  

  Carried, as amended

12.

QUESTIONS AND ANSWERS

None.

13.

BY-LAWS

At the request of A. Fusco, City Clerk, now that the Reports of the Committees have been formally approved, it was agreed to formally add the By-laws listed on the agenda under the heading of Late Starters to the agenda for Council’s consideration.

13.1

1ST AND 2ND READING

• Moved by Councillor J. Deneault
  Seconded by Councillor S. Stretch

  "That leave be given the Mover and Seconder to introduce the following by-laws, namely:

13.1.a

Being a by-law to establish an Administrative Penalty System for Violations of Non-Parking By-laws within the City of Kitchener.

13.1.b

Being a by-law with respect to the appointment of screening and hearing officers.

13.1.c

Being a by-law to designate the property municipally addressed as 28 Burgetz Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest.

13.1.d

Being a by-law to designate the property municipally addressed as 120 Victoria Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

13.1.e

Being a by-law to designate the property municipally addressed as 628 New Dundee Road, in the City of Kitchener as being of historic and cultural heritage value or interest.

13.1.f

Being a by-law to designate the property municipally addressed as 64 Water Street North, in the City of Kitchener as being of historic and cultural heritage value or interest.

13.1.g

Being a by-law to designate the property municipally addressed as 35 and 43 Sheldon Avenue North, in the City of Kitchener as being of historic and cultural heritage value or interest.

13.1.h

Being a by-law to designate the property municipally addressed as 90-92 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

13.1.i

Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement.

13.1.j

Being a by-law to amend various Chapters of The City of Kitchener Municipal Code - Administrative Penalty System

13.1.k

Being a by-law to adopt Amendment No. 41 to the Official Plan - 20 Woolner Trail.

13.1.l

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 - Waterloo Catholic District School Board – 20 Woolner Trail.

13.1.m

To confirm all actions and proceedings of the Council for January 22, 2024.

Carried.

14.

COMMITTEE OF THE WHOLE

Council did not need to resolve itself into Committee of the Whole as the matters included on the agenda, were considered on the agenda earlier this date.

14.1

ADMINISTRATIVE REPORTS

14.1.a

Dog Designation Appeal - Adams, COR-2024-058

• Carried, under Delegations

14.2

FOR INFORMATION

Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by Councillor S. Davey to discuss Information item 13.2.a listed on the Committee of the Whole agenda, which was voted on and was Carried.

14.2.a

Summary of Bid Solicitations Approved by the Chief Procurement Officer (October 1, 2023 – December 31, 2023), FIN-2024-037

J. Lautenbach, Chief Financial Officer (CFO), was in attendance to respond to questions from the Committee.

15.

REPORT OF THE COMMITTEE OF THE WHOLE - NIL

16.

BY-LAWS

16.1

3RD READING

• Moved by Councillor B. Ioannidis
  Seconded by Councillor A. Owodunni

  "That the by-laws be given third reading, namely:

16.1.a

Being a by-law to establish an Administrative Penalty System for Violations of Non-Parking By-laws within the City of Kitchener.

(By-law 2024-001)

16.1.b

Being a by-law with respect to the appointment of screening and hearing officers.

(By-law 2024-002)

16.1.c

Being a by-law to designate the property municipally addressed as 28 Burgetz Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2024-008)

16.1.d

Being a by-law to designate the property municipally addressed as 120 Victoria Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2024-009)

16.1.e

Being a by-law to designate the property municipally addressed as 628 New Dundee Road, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2024-010)

16.1.f

Being a by-law to designate the property municipally addressed as 64 Water Street North, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2024-011)

16.1.g

Being a by-law to designate the property municipally addressed as 35 and 43 Sheldon Avenue North, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2024-012)

16.1.h

Being a by-law to designate the property municipally addressed as 90-92 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2024-013)

16.1.i

Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement.

(By-law 2024-014)

16.1.j

Being a by-law to amend various Chapters of The City of Kitchener Municipal Code - Administrative Penalty System.

(By-law 2024-015)

16.1.k

Being a by-law to adopt Amendment No. 41 to the Official Plan - 20 Woolner Trail.

(By-law 2024-016)

16.1.l

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 - Waterloo Catholic District School Board – 20 Woolner Trail.

(By-law 2024-017)

16.1.m

To confirm all actions and proceedings of the Council for January 22, 2024.

(By-law 2024-018)

Carried.

17.

ADJOURNMENT

On motion, the meeting adjourned at 8:59 p.m.