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
  • B. Rowland, Director, Corporate Communications and Marketing
  • G. Stevenson, Director, Development & Housing Approvals
  • A. Fusco, Director Legislated Services / City Clerk
  • T. MaloneWright, Manager, Development Review
  • D. Saunderson, Deputy Clerk

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

On motion by Councillor S. Davey the minutes of the regular meeting held September 30, 2024, and special meetings held September 30, 2024, as mailed to the Mayor and Councillors, were accepted.

Councillor P. Singh declared a conflict with regards to item 8.1 - Zoning By-law Amendment Application ZBA24/017/M/CD, 328-330 Mill Street, 1658194 Ontario Ltd., DSD-2024-371 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.

Councillor S. Stretch declared a conflict with regards to Zoning By-law Amendment Application ZBA24/019/T/ES, 60 Trussler Road, 1000160668 Ontario Corp., DSD-2024-432 on the agenda this date, as her family owns property within the vicinity, and she did not participate in any voting or discussion on the matter.

Councillor C. Michaud declared a conflict with regards to Prohibited Dog Designation Appeal - Nancarrow, COR-2024-463 on the agenda this date, due to her place of employment, and she did not participate in any voting or discussion on the matter.

Mayor B. Vrbanovic presented Kim Wilhelm, President and CEO, Food Bank of Waterloo Region a cheque in the amount of $6605.45 to the Food Bank of Waterloo Region, raised at Council's Oktoberfest Grillefest event, which is the largest donation ever made on behalf the City of Kitchener.

Councillor S. Stretch left and returned to the meeting at this time. 

Mayor B. Vrbanovic and Halyna Tepylo, Volunteer Engagement Associate, presented the Affiliated Group Long Service Volunteer Awards.

Mayor B. Vrbanovic presented the Long Service Volunteer Awards for neighbourhood associations and minor sports and on behalf of City Council, thanked them for their valued programs, events and services for Kitchener residents enjoy.

Mayor Vrbanovic recognized groups in Minor Sports Groups including, Waterloo Region Nordic Sports Club, 40 years of service; Kitchener Ringette Association, 60 years of service; K-W Minor Lacrosse’s; 70 years of service; and, Kitchener Sports Association; 80 years of service.

Mayor Vrbanovic along with members of Council recognized the Central Frederick Neighbourhood Association for 45 years of service; Centreville Chicopee Community Association for 45 years of service; and, Cedar Hill Community Group for 35 years of service.

Mayor Vrbanovic reported that over the past year, 5 minor sports groups and 3 neighbourhood associations have celebrated a milestone anniversary. On behalf of Council, staff, and the citizens of Kitchener, the Mayor congratulated all outstanding long service recipients who volunteer their time and energy to create a positive experience for our residents. Together, you, and the organizations you volunteer with, have contributed 425 years of service to Kitchener. 

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

  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards to item 8.1 - Zoning By-law Amendment Application ZBA24/017/M/CD, 328-330 Mill Street, 1658194 Ontario Ltd., DSD-2024-371 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.)

Council considered Zoning By-law Amendment Application ZBA24/017/M/CD, 328-330 Mill Street, 1658194 Ontario Ltd., DSD-2024-371, listed as Item 8.1, which included Addendum Report DSD-2024-433, related to a Zoning By-law Amendment Application for the property municipally addressed as 328-330 Mill Street. Garett Stevenson, Director Development Planning and Tina Malone-Wright, Manager, Development Approvals were in attendance to respond to questions from Council.

Jennifer Voss and Reema Masri addressed Council in support of the recommendation as outlined in Addendum Report DSD-2024-433 and responded to questions from Council regarding exterior amenity spaces for animals and playground facilities on the proposed site.

  • Moved byCouncillor D. Chapman
    Seconded byCouncillor C. Michaud

    “That Zoning By-law Amendment Application ZBA24/017/M/CD requesting to amend Zoning By-law 2019-051, for 1658194 Ontario Ltd. be approved in the form shown in the Proposed ‘Proposed By-law’ and ‘Map No. 1’ attached to Report DSD-2024-433 as Attachments ‘A1’ and ‘A2’, and,

    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 ZBA24/017/M/CD, and further, 

    That the Proposed By-law to amend Zoning By-law 2019-051, as amended by By-law 2024-065, shall have no force and effect until By-law 2024-065 (Growing Together PMTSAs) is in full force and effect in relation to the lands specified above.” 

    Carried
  • Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud declared a conflict with regards to Prohibited Dog Designation Appeal - Nancarrow, COR-2024-463 on the agenda this date, due to her place of employment, and she did not participate in any voting or discussion on the matter.)

Council considered Corporate Services Department report COR-2024-463 including a recommendation from the Dog Designation Appeal Committee to affirm the affirmed the Prohibited Dog Designation, applied to the dog ‘Uno by the Humane Society of Kitchener-Waterloo and Stratford Perth.

Sandra Nancarrow addressed Council in opposition to her dog ‘Uno being designated as Prohibited, noting that while her dog has been involved in a dog bite incident, the dog is her service animal and requested Council reconsider the prohibited designation, and further explained the circumstances surrounding the dog bite incidents.

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

Members of Council raised questions regarding the Prohibited Dog status, appeal notice content, and evidence heard at the committee with respect to the designated dog serving as a service animal and received responses from D. Saunderson, Manager of Council/Committee Services/Deputy City Clerk and J. Deneault, Dog Designation Appeal Committee member.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor S. Stretch

    "That an in-camera meeting of City Council be held immediately this date to consider a solicitor client-privilege matter as authorized by Sections 239 (f) of the Municipal Act, 2001, respectively."

    Carried

The Council meeting then recessed at 8:07 p.m. and reconvened at 8:30 p.m., chaired by Mayor B. Vrbanovic, with all members present.

Council resumed consideration of Corporate Services Department report COR-2024-463.

  • Moved byCouncillor A. Owodunni
    Seconded byCouncillor M. Johnston

    "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by S. Nancarrow, wherein the Committee affirmed the Prohibited Dog Designation, with applied to the dog ‘Uno 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-2024-463."

    Carried

As Georgina Grujicic requested to address Council on Responsible Dog Ownership and Off Leash Park Spaces and as it was not a matter on the agenda, in accordance with Chapter 25.7 (b) Council by affirmative vote of a majority of its members present would be required to permit the delegation to address Council. If approved, members were reminded they would be permitted to ask questions of that delegation. 

Moved by Councillor J. Deneault
Seconded by Councillor M. Johnston

"That Georgina Grujicic be permitted to address Council on Responsible Dog Ownership and Off Leash Park Spaces."

Georgina Grujicic addressed Council in opposition to the regulations outlined in the City's By-laws related to Responsible Dog Ownership, specifically requesting that Council give consideration to providing more off-leash spaces within the City to be used by dog owners who wish to exercise their dogs off-leash.

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

  • Moved byCouncillor C. Michaud
    Seconded byCouncillor D. Chapman

    "That the report of Heritage Kitchener, dated October 1, 2024, listed as items 7.1.a to 7.1.c on the agenda this date, be adopted."

    Carried
  • "That pursuant to Section 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2024-V-023 be approved to permit the demolition of the single detached dwelling at the property municipally addressed as 153 Courtland Avenue East, as outlined in Development Services Department report, DSD-2024-429; and further,

    That pursuant to Section 31 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Repeal By-law 85-190 registered on December 3, 1985 as instrument number 833418 being a by-law to designate the property municipally addressed as 153 Courtland Avenue East."

    Carried
  • "That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application, HPA-2024-IV-018 be approved to permit the construction of a 3-storey stacked townhome complex with 8 units at the property municipally addressed as 1385 Bleams Road, as outlined in Development Services Department report, DSD-2024-382, in accordance with the supplementary information submitted with this application, and subject to the following conditions:

      1. That the Heritage Impact Assessment Addendum be approved by the Director of Development and Housing Approvals prior to the issuance of the heritage permit;

         

      2. That the updated Conservation Plan, including the vibration monitoring report, be approved by the Director of Development and Housing Approvals prior to the issuance of the heritage permit;

         

      3. That the building elevations be submitted for review to the satisfaction of the City’s Heritage Planner prior to the issuance of the heritage permit; and

         

      4. That the final building permit be reviewed, and heritage clearance be provided by Heritage Planning staff prior to the issuance of the building permit."

         

    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 107 Courtland Avenue East as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD-2024-426."

    Carried

Due to the previously declared conflict by Councillor S. Stretch item 7.2.d related to Zoning By-law Amendment Application ZBA24/019/T/ES, 60 Trussler Road, 1000160668 Ontario Corp., DSD-2024-432 was then voted and was Carried.

The balance of the report was then on and were Carried.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That the report of the Planning and Strategic Initiatives Committee, dated October 7, 2024, listed as items 7.2.a to 7.2.d on the agenda this date, be adopted."

    Carried
  • "That the City of Kitchener acknowledge that Evaya Developments Inc. intends to name a private street: “Bridlewood Crescent” within a multiple residential development located at 980 and 1018 Hidden Valley Road, as outlined in Development Services Department report, DSD-2024-325; and further,

    That the City’s Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of “Bridlewood Crescent”."

    Carried
  • "That Quotation Q24-122 Audit Services, be awarded to KPMG LLP, Kitchener, ON, at their estimated fee of $589,300 plus HST of $76,609 for a total of $665,909 for a three (3) year term with an option to renew for two (2) additional one (1) year terms beginning with the fiscal year ending December 31, 2024, for the Corporation of the City of Kitchener, its Boards and Municipal Enterprises including the Waterloo Region Municipalities Insurance Pool with the fiscal year ending May 31, 2025, as outlined in Financial Services Department report, FIN-2024-450, and further;

    That Chapter 103 of the City of Kitchener’s Municipal Code be amended to reflect the appointment of KPMG LLP as the City’s Auditor for the fiscal years 2024, 2025, and 2026. Upon the recommendation of the Chief Financial Officer, Council may consider a by-law amendment to extend KPMG LLP’s appointment for fiscal years 2027 and 2028 at the appropriate time."

    Carried
  • "That Zoning By-law Amendment Application ZBA24/018/T/TS requesting to amend Zoning By-law 2019-051, for the property municipally addressed as 9-27 Turner Avenue, for 100918377 Ontario Inc. be approved in the form shown in the Proposed ‘Proposed By-law’ and ‘Map No. 1’ attached to Development Services Department report, DSD-2024-415 as Attachment ‘A’."

    Carried
  • Councillor S. Stretch declared a conflict on this item. (Councillor S. Stretch declared a conflict with regards to Zoning By-law Amendment Application ZBA24/019/T/ES, 60 Trussler Road, 1000160668 Ontario Corp., DSD-2024-432 on the agenda this date, as her family owns property within the vicinity, and she did not participate in any voting or discussion on the matter.)
  • “That the following recommendation be referred to the November 18, 2024, Council Meeting to allow the applicant and staff the opportunity to engage in further discussion regarding the potential for a reduction in the number and size of the proposed development’s units, and to review potential options for a visual barrier for the subject property:

    That Zoning By-law Amendment Application ZBA24/019/T/ES requesting to amend Zoning By-law 2019-051, for the property municipally addressed as 60 Trussler Road, for 1000160668 Ontario Corp. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report, DSD-2024-432, as it appears in Attachment ‘A1’ and ‘A2’."

    Carried

Mayor B. Vrbanovic provided an update on the recent presentation made by the Region of Waterloo at the last meeting regarding Automated Speed Enforcement (ASE) and noted the final report is going to Regional Council next Wednesday. For Kitchener Mayor B. Vrbanovic noted that means that the camera locations will continue and become permanent and new cameras previously approved in 2024 would be enacted. If a different direction is sought would need to be brought back at a subsequent date through a motion. Mayor B. Vrbanovic noted next steps in the city's participation in the program.

In response to questions from Council, J. Readman noted that placement of additional cameras could occur in the future. Mayor B. Vrbanovic noted that Regional staff committed to report back to the City on the revenue-sharing model. D. Chapman reported the next steps, if approved by Regional Council to implement the three additional cameras with revenue sharing model for those and any expansions prior to executing the agreement. If Council wanted to implement something different than proposed a motion would be required at a special council meeting next week.

In response to questions from Council J. Readman highlighted the planned expansion on city roads and regional roads and responded to questions from Council. 

  • Moved byCouncillor S. Davey
    Seconded byCouncillor J. Deneault

    "That the 2024 Council and Committee calendar be amended to reschedule Finance and Corporate Services (Operating Budget Day) from November 19, 2024 to November 18, 2024."

    Carried

11.

 

At the request of A. Fusco, Director, Legislative Services and 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.

 

Due to the previously declared conflict by Councillor P. Singh the by-law related to Zoning By-law for the City of Kitchener, for the property municipally addressed as 328 and 330 Mill Street was then voted and was Carried.

The balance of the By-laws were then on and were Carried.

  • Moved byCouncillor S. Stretch
    Seconded byCouncillor M. Johnston

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

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

  • Moved byCouncillor D. Schnider

    it was resolved:

    "That the 2025 Council and Committee Calendar, as attached as Appendix ‘A’ to Corporate Services Department report COR-2024-459, be approved; and,

    That the Mayor in consultation with the Chief Administrative Officer and the Clerk will be delegated the authority to schedule additional Planning and Strategic Initiatives Committee (PSIC) meetings on Council meeting dates, where required, to address legislated Planning Act timelines; and further,

    That Council be permitted by resolution to reschedule meetings identified on the 2025 calendar where necessary."

    Carried
  • Moved byCouncillor D. Schnider

    it was resolved:

    "That the decision of the Licensing Appeal Tribunal, attached as Appendix ‘A’ to Corporate Services Department Report COR-2023-536, wherein the Committee affirms the revocation of an Alternative Massage Centre Licence (Chapter 508 - City of Kitchener Municipal Code) issued to P. Xin for the operation of Ocean 7 Massage, at the property municipally addressed as 540 Frederick Street, Kitchener, Ontario, be approved."

    Carried

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

  • Moved byCouncillor S. Davey
    Seconded byCouncillor S. Stretch

    “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

14.

 

Councillor P. Singh left the meeting at this time.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Chapman

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

On motion, the meeting adjourned at 9:06 p.m.