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 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
  • B. Rowland, Director, Corporate Communications and Marketing
  • A. Fusco, Director Legislated Services / City Clerk
  • 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 Schnider the minutes of the regular meeting held May 8, 2023, and special meetings held May 8 and 15, 2023 as mailed to the Mayor and Councillors, were accepted.

The City of Kitchener's project submission "Growing Together" was recognized as a top three project at the Smart 50 Awards gala and presentation.   

Councillor P. Singh entered the meeting at this time.

Judy Stephens-Wells and Troy Glover, Compass Kitchener, presented the 2019-2022 Strategic Plan Evaluation Report to Council. The presentation highlighted the 2021 report card, which included a review of 12 projects, 6 which exceeded expectations and 6 that met expectations. T. Glover summarized the 2023 report card, which included an evaluation of 5 projects in 2023, including Energy Efficient Reserve Fund, Sustainable Urban Forest, Waste Diversion Strategy, Huron Community Centre and Set and Communication Services Levels. J. Stephens-Wells highlighted areas where the City should continue to seek opportunity for potential improvement. J. Stephens-Wells concluded by acknowledging the completion of 17 projects despite the global pandemic; and, encouraged Council through the next Strategic Plan to seek opportunities to be adaptable and flexible to achieve the most meaningful and impactful. Members of Council asked questions regarding contextual information sharing, recommended improvements, community engagement practices and received responses from the delegates.

Councillor J. Deneault left the meeting at this time,

M. Griffin delegated to Council in support of growing the City's manufacturing industry stating there appears to be a large disproportion of urban development in the city. The impact of inflation, transit and environmental concerns of Kitchener residents having to commute to other municipalities for employment in the manufacturing industry was noted.

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

Council considered Official Plan Amendment OPA21/010/L/AP and Zoning By-law Amendment ZBA21/015/L/AP, 528-550 Lancaster Street West and 26 Bridge Street West, Development Services Department report DSD-2023-193, listed as item 7.1.a. on the agenda this date. In addition Council was in receipt of four written submissions from Vive Development, Bobbi Stewart, Maria Truchan-Tataryn and Tiffany Balork related to this matter. 

Stephen Litt, Vive Development and Pierre Chauvin, MHBC Planning addressed Council in support of the subject applications, noting since the Planning and Strategic Initiatives Committee, they have had further discussions with Planning staff and have proposed a number of additional options that balances the expectations of housing and amenities in the area, including but not limited to the possible commemoration of the two heritage dwellings in lieu of their relocation, a $200,000 donation to Parks in lieu of parkland, a $200,000 community benefit contribution to the Working Centre over 10 years, addressing housing alternatives for the existing tenants offered at their current rental rates for 5 years at 528 Lancaster Street, as well as 10% immediate affordable housing units within 528 Lancaster St being made available in the proposed development at 30% of median renter income for 10 years, the equivalent of 13 units.  

Kelly Zuk and Alysha Mohamed addressed Council in opposition to the subject applications. Concerns were expressed with potential adverse environmental impacts, loss of tree canopy to the natural area and Grand River, lack of consultation Indigenous community, loss of affordable housing as well as adverse impacts on existing residents being displaced from their homes.

Councillor A. Owodunni left the meeting at this time.

Ryan Garibaldi addressed Council in opposition to the subject applications. R. Garibaldi cited concerns with the transportation study that was completed to support the development, noting an opinion that the conclusions outlined in the report do not adequately address existing traffic volumes. R. Garibaldi cited further concerns related to safety and the adequacy of roadway and active transportation network to support the increase traffic volumes as a result of the proposed development. 

Councillor A. Owodunni returned to the meeting at this time. 

William Martin expressed concern regarding Haldimand Tract treaty implications of the proposed application, the ability to build on the site, and the absence of consultation with the Six Nations Council. 

Dan O'Driscoll spoke in opposition of the proposed development citing concerns with road safety of General Drive and Lang Crescent and requested Council reduce the size and number of units of the development, increase number of required parking spaces to reduce the need for overflow parking on General Drive and proposed driveway entrance 

Dani Lindamood, Water Watchers, spoke to concerns with the proposed developing including the potential impact on the health of the Grand River, protection of the ecological corridor, interconnectedness of wildlife and the River, the Indigenous sovereignty and settler treaty consultation and displacement of existing tenants. The delegate responded to questions from Council regarding the scope of the Environmental Assessment of the subject property by GRCA, objections to the proposed application and impact of Provincial planning tribunals on development applications.

Councillor M. Johnston left the meeting at this time.

Councillor P. Singh left the meeting and re-entered the meeting at this time. 

Councillor M. Johnston re-entered the meeting at this time.

Councillor D. Schnider left the meeting at this time.

In response to questions from Council, G. Stevenson addressed the purposes of the holding provisions for traffic purposes, that any changes in scope to the EA would require a holding provision, and that Council could defer the decision, however a deferral is seen as a non-decision and can be appealed by the Applicant. 

A motion was brought forward by Councillor P. Singh, which was seconded by Councillor S. Davey to approve the recommendation as outlined in report DSD-2023-193.

Councillor S. Davey brought forward an amendment, which was seconded by Councillor C. Michaud to include the following amendments to the proposed Zoning By-law:

"That in lieu of the movement and relocation of the existing homes at 544 and 546 Lancaster St. the City accept the alternative community benefits as outlined in the developer's commitments during delegation with respect to Park Amenity, Donation to the Working Centre, displacement of residents, and affordable housing; and, 

That as part of the holding provision pending Regional review of traffic infrastructure, that an alternate entrance/exit toward Riverbend Drive be explored; and,

That By-law attached as G1 to Staff Report DSD-2023-193 be amended by removing “This regulation shall only apply to buildings moved from 544 and 546 Lancaster Street West” in paragraph a); and,

That the Proposed Holding Provision (46) be amended by adding "or Commemoration Plan" in paragraph a) the by-law attached as Appendix B1 to Staff Report DSD-2023-193; and further, 

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 ZBA22/023/B/AP."

Councillor Davey's amendment was then voted on and was Carried.

The following motion was then voted on by a recorded vote.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor S. Davey

    "That Official Plan Amendment Application OPA21/010/L/AP for 550 Lancaster Inc. & 528 Lancaster Street West Inc. be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-193 as Attachments ‘A1’ ‘A2’ and ‘A3’, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA21/015/L/AP for 550 Lancaster Inc. & 528 Lancaster Street West Inc. be approved in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD-2023-193, as Attachments ‘B1’ and ‘B2’, and as amended at the May 29, 2023, Council meeting; and,

    That the Urban Design Brief prepared by MHBC Planning, dated May 2022 (Revised March 2023), attached as Attachment ‘C’ to report DSD-2023-193 be endorsed, and that staff be directed to implement the Urban Design Brief through future Site Plan Approval processes, and at the discretion of the City’s Director of Planning, significant changes to the Urban Design Brief will be to the satisfaction of Council; and,

    That Zoning By-law Amendment Application ZBA22/023/B/AP for 550 Lancaster Inc. be approved in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD-2023-193 as Attachments ‘G1’ and ‘G2’.", and as amended at the May 29, 2023, Council meeting, and,

    That in lieu of the movement and relocation of the existing homes at 544 and 546 Lancaster St. the City accept the alternative community benefits as outlined in the developer's commitments during delegation with respect to Park Amenity, Donation to the Working Centre, displacement of residents, and affordable housing; and,

    That as part of the holding provision pending Regional review of traffic infrastructure, that an alternate entrance/exit toward Riverbend Drive be explored; and,

    That By-law attached as G1 to Staff Report DSD-2023-193 be amended by removing “This regulation shall only apply to buildings moved from 544 and 546 Lancaster Street West” in paragraph a); and,

    That the Proposed Holding Provision (46) be amended by adding "or Commemoration Plan" in paragraph a) the by-law attached as Appendix B1 to Staff Report DSD-2023-193; and further, 
    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 ZBA22/023/B/AP.”

    In Favour (9)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor P. Singh, Councillor B. Ioannidis, Councillor M. Johnston, Councillor A. Owodunni, and Councillor J. Deneault
    Contra (2)Councillor D. Chapman, and Councillor A. Clancy
    Carried, as amended, on a recorded vote (9 to 2)
  • Moved byCouncillor P. Singh
    Seconded byCouncillor S. Davey

    "That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda."

    Carried

Mayor B. Vrbanovic advised that a number of delegation requests related to the Roos Island encampment residents have been received, and there are five delegations who are in attendance to speak to homelessness in Kitchener, specifically related to the Roos Island encampment.

To permit the delegations to address Council a motion would be required as the matter is not an item listed on the agenda, which was moved by Councillor S. Davey and seconded by Councillor P. Singh, which was voted on and Carried.

David Alton, spoke in support of establishing a human-centered approach to the homeless encampments in the city that upholds the Human Rights Code. The principles of a human-rights approach include rights holders, meaningful engagement, prohibit forced evictions, exploring all viable housing options, meeting the basic needs of residents, and set housing as a right. The mandate of the Social Development Centre was highlighted.

Shannon Down, spoke regarding tent encampments, highlighting the mandate of the Waterloo Region Community Legal Services, need to uphold Section 7 in the Charter of the Rights and Freedoms, applying a human-rights approach strategy and principles contained in the Housing For All Strategy.

Julian Ichim, provided correspondence to members of Council on behalf of the FightBack KW, asking that Council support the correspondence submitted by Waterloo Region Community Legal Services and requested that a number of options be considered including formal consultations with the unhoused community, access to hotel rooms for unhoused persons, Regional oversight of the shelter system to address barrier, and declare homelessness an epidemic similar to the COVID19 pandemic. 

Lynn Cashubec, on behalf of ACCKWA, delegated in support of a human-rights approach taken to remaining residents on Roos Islands and Victoria Park and spoke of the shortage of affordable housing and housing as a human right. The impact of the city's actions at the Unhoused Experience: 24hr Challenge were highlighted.

Milo Hansen, a member of Land Back camp, spoke in opposition to the city's actions taken against the remaining residents at Roos Island and Victoria Park and the impact of the charges filed in April against marginalized indigenous youth.

The Council meeting recessed at 10:05 p.m. and reconvened at 10:17 p.m., Chaired by Mayor B. Vrbanovic, with all members present.

Due to Mayor B. Vrbanonvic's previously declared pecuniary interest, the Mayor vacated the Chair and did not participate in any voting or discussion on this matter.

Councillor S. Davey assumed the Chair.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That Official Plan Amendment Application OPA/21/007/W/BB for M.K.G. Holding Corporation, for the property municipally addressed as 1157 and 1175 Weber Street East, requesting a land use designation change from ‘Commercial’ to ‘Mixed Use’ to permit a mixed-use development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached as Attachment ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA21/010/W/BB for M.K.G. Holding Corporation be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, as Attachment ‘B’ as attached; and further,

    That the Urban Design Brief prepared by GSP Group Inc., dated March 2023, and attached as Attachment ‘C’ be endorsed, and staff be directed to implement the Urban Design Brief through future Site Plan Approval processes."

    Carried

     

    Mayor B. Vrbanovic resumed the Chair.

  • Moved byCouncillor S. Davey
    Seconded byCouncillor D. Chapman

    "That the balance of the Planning and Strategic Initiatives Committee matters on the reports, dated May 8, 2023 and May 15, 2023, listed as items 7.1.b and 7.3.a on the agenda this date, be adopted."

    Carried
  • "That Zoning By-law Amendment Application ZBA22/011/N/AP for the property municipally addressed 67 & 71 Nelson Avenue be approved, as amended, in the form shown in the Proposed By-law and Map No. 1, attached to Development Services Department report DSD-2023-198 as Attachment A; and,

    That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2005-170 as amended by By-law 2007-042, hereby grants draft approval to Condominium Application 30CDM-22208 for 67 & 71 Nelson Avenue and a portion of the undeveloped Tagge Street right-of-way, in the City of Kitchener, subject to the conditions shown in Attachment B, of Report DSD-2023-198; and further,

    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 ZBA22/11/N/AP."

    Carried
  • Mayor B. Vrbanovic declared a conflict on this item. (Mayor B. Vrbanovic declared a conflict with item 7.3.b on the agenda this date related to Official Plan Amendment Application OPA23/002/K/CD and Zoning By-law Amendment Application ZBA23/005/K/CD, 1770 King Street East, 815 and 825 Weber Street East, King Weber Kitchener Holdings Inc., DSD-2023-163, due to owning property within the circulation area of the subject property and did not participate in any voting or discussion on the matter or the necessary By-laws.)
  • "That Official Plan Amendment Application OPA/23/002/K/CD for King Weber Kitchener Holdings Inc., for the property municipally addressed 1770 King Street East and 815/825 Weber Street East, requesting a land use designation change from ‘‘Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Special Policy Area 11’ to permit a 27 storey multiple dwelling development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-163 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA23/005/K/CD for King Weber Kitchener Holdings Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’ attached to Report DSD-2023-163 as Appendix ‘B’; and,

    That the Zoning By-law Amendment Application ZBA23/005/K/CD for King Weber Kitchener Holdings Inc. be approved including a special regulation to require commercial space on the ground floor of the proposed development, to require a minimum ground floor interior ceiling height of 4.5 metres, to allow dwelling units on the ground floor with non-residential units, to require a minimum 650 square metres of non-residential floor area on the ground floor; and further,

    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 ZBA23/005/K/CD."

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

    "That the report of the Community and Infrastructure Services Committee, dated May 15, 2023, listed as items 7.2.a to 7.2.c on the agenda this date, be adopted."

  • "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Downtown Special Events, as contained on 'Schedule A' to Community Services Department report CSD-2023-168."

    Carried
  • "That the General Manager, Development Services Department be authorized to execute funding agreements between the City of Kitchener and the Regional Municipality of Waterloo to collaborate on the delivery of the Self Employment Ontario Works program, as outlined in Development Services Department report DSD-2023-186; said agreement to be to the satisfaction of the City Solicitor; and,

    That the General Manager, Development Services Department be authorized to execute on behalf of the City of Kitchener any agreements or documentation pertaining to services and programs provided by the Waterloo Region Small Business Centre provided said agreements or documentation is to the satisfaction of the City Solicitor; and further,

    That the Executive Director, Economic Development, be delegated authority to execute participant agreements for the Self Employment Ontario Works program to the satisfaction of the City Solicitor."

    Carried
  • "That the project phases and approach for the Kitchener Utilities Clean Energy Transition be endorsed, as outlined in Infrastructure Services Department report INS-2023-199."

    Carried

There was no Regional Update provided at this meeting.

  • It was noted the Region of Waterloo was hosting two public information sessions in June to consider amendments to Grand River Transit (GRT) Route 2;
  • Questions were raised related to the preservation of agricultural lands, specifically questions related to Bill 97 and the potential to sever lands within an agricultural zone. G. Stevenson advised staff would be providing comments through the ERO and Council would be provided an overview of the comments submitted on behalf of the City;
  • Councillor A. Clancy provided Notice that she would be working with staff to bring forward a Notice of Motion at a future Council meeting to implement a Cooling By-law for the City; and,
  • Councillor C. Michaud addresses the waste receptacle removal at GRT transit shelter and it was approved through Regional budget to put them back in place and requested the Mayor follow up with Region regarding the status of that matter.

12.

 

At the request of D. Saunderson, Manager of Council/Committee and Deputy City Clerk, Council agreed to consider two additional by-laws related to Planning and Strategic Initiatives report 7.3.b, 1770 King Street East, 815 and 825 Weber Street East, as amended. 

Due to the previously declared pecuniary interest, Mayor B. Vrbanovic vacated the chair and did not participate in any voting or discussion on this matter.

Councillor S. Davey assumed the Chair.

Councillor M. Johnston brought forward a motion, which was seconded by Councillor J. Deneault to approve first and second reading of the by-laws related to Planning and Strategic Initiatives report 7.3.b, 1770 King Street East, 815 and 825 Weber Street East, as amended this date, which were voted on and Carried.  

Mayor B. Vrbanovic resumed the Chair.

At the request of D. Saunderson, Manager of Council/Committee and Deputy City Clerk, Council agreed to consider to three additional by-laws related to Planning and Strategic Initiatives report 7.1.a, 528-550 Lancaster Street West and 26 Bridge Street West; One additional by-law related to Planning and Strategic Initiatives report 7.1.b, 67 and 71 Nelson Avenue; Two additional by-laws related to Planning and Strategic Initiatives report 7.3.a, 1157 and 1175 Weber Street East; and, Two additional by-laws related to Planning and Strategic Initiatives report 7.3.b, 1770 King Street East, 815 and 825 Weber Street East. 

  • "That leave be given the Mover and Seconder to introduce the balance of the by-laws, save and except for the By-laws related to 1770 King Street East, 815 and 825 Weber Street East, previously considered, namely:

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

Council considered a resolution arising from the in-camera meeting earlier this date.

  • it was resolved:

    "That the Chicopee road allowance parcels, being all of PIN 22555-0199, PIN 22555-0200 and PIN 22713-1003, be declared surplus to the City’s needs, subject to the acquisition of the Walter Bean Trail at Deer Ridge parcels, being all of PIN 22732-0011 and PIN 22733-0557; and,

    That the Mayor and Clerk be authorized to sign an Agreement of Purchase and Sale with the GRCA for the sale of the Chicopee road allowance parcels, being all of PIN 22555-0199, PIN 22555-0200 and PIN 22713-1003, having an area of approximately 3.89 acres, subject to the City’s terms and conditions; and,

    That the Mayor and Clerk be authorized to sign an Agreement of Purchase and Sale with the GRCA for the acquisition of the Walter Bean Trail at Deer Ridge parcels, being all of PIN 22732-0011 and PIN 22733-0557, having an area of approximately 59.75 acres, subject to the City’s terms and conditions; and further,

    That the Mayor and Clerk be authorized to sign and execute any agreements and transfers as necessary, said agreements and transfers to be to the satisfaction of the City Solicitor."

    Carried

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

  • Moved byCouncillor A. Clancy
    Seconded byCouncillor C. Michaud

    “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

15.

 

Due to the previously declared pecuniary interest, Mayor B. Vrbanovic vacated the Chair and did not participate in any voting or discussion related to the by-laws for 770 King Street East, 815 and 825 Weber Street East.

Councillor S. Davey assumed the Chair.

Councillor P. Singh brought forward a motion, which was seconded by Councillor C. Michaud to approve third reading of the by-laws related to Planning and Strategic Initiatives report 7.3.b, 1770 King Street East, 815 and 825 Weber Street East, which were voted on and Carried.  

Mayor B. Vrbanovic resumed the Chair.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Schnider

    "That the by-laws be given third reading, save and except for the By-laws related to 1770 King Street East, 815 and 825 Weber Street East, previously considered, namely:

On motion, the meeting adjourned at 11:00 p.m.