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 B. Ioannidis
  • Councillor M. Johnston
  • Councillor D. Chapman
  • Councillor S. Stretch
Absent:
  • Councillor P. Singh
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
  • D. Saunderson, Deputy Clerk

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

Mayor B. Vrbanovic reflected on the passing of the Honorable and former Canadian Senator Murray Sinclair highlighting his approach and work on the Truth and Reconciliation Committee.

On motion by Councillor S. Stretch the minutes of the regular meeting held October 21, 2024, and special meetings held October 21 and October 28, 2024, as mailed to the Mayor and Councillors, were accepted.

Councillor S. Stretch declared a conflict with regards to item 8.1 - Zoning By-law Amendment Application ZBA24/019/T/ES, 60 Trussler Road, 1000160668 Ontario Corp., DSD-2024-432 on the agenda this date, as she has family that owns property within the vicinity, and she did not participate in any voting or discussion on the matter.

Patrick Gilbride and Rebecca Robinson, REEP Green Solutions, acknowledged the work of former members and their passion to the climate change environment, and reported targets set by REEP Green Solutions in achieving the 10,000 actions by 2030 towards environmental sustainability. Several REEP initiatives were highlighted that resulted in heat savings, reducing salt use, and enhanced healthy yard features. The Presenters highlighted how REEP is using data to map climate vulnerability and future proofing. The Presenters then responded to questions from Council regarding tree recognition programs, strategies to reduce the amount of salt being used, and innovative techniques to climate change.  

Council considered Corporate Services Department report COR-2024-486, listed as item 12.1.b, including a recommendation from the Dog Designation Appeal Committee to substitute the Dangerous Dog Designation applied to, ‘Ozzy’, by the Humane Society of Kitchener-Waterloo and Stratford Perth, with a designation of Prohibited.

Roman Kurzydlowski addressed Council in opposition to the recommendation as outlined on Report COR-2024-486 expressing concern with the process, witness statements, inability to attend the Hearing, and evidence provided during the Hearing.

  • Moved byCouncillor J. Deneault
    Seconded byCouncillor M. Johnston

    "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by R. Kurzydlowski and J. Kurzydlowska, wherein the Committee substitutes the designation of Dangerous Dog applied to, ‘Ozzy’, by the Humane Society of Kitchener-Waterloo and Stratford Perth, and pursuant to By-law 2014-142, and hereby designates ‘Ozzy’ as a Prohibited Dog, be ratified and confirmed, as outlined in Corporate Services Department report, COR-2024-486."

    Carried

Council considered Development Services Department report DSD-2024-480, recommending Council becoming certified as Bird Friendly by Nature Canada.

At the request of staff, it was suggested and agreed that the recommendation as outlined in Report DSD-2024-480 be amended to state the following:

"That Council endorse becoming certified as Bird Friendly by Nature Canada; and further,

That the City commemorate World Migratory Bird Day on an annual basis on the second Saturday of May by posting information on the City's website and support a World Migratory Bird Day event, as appropriate".

Dr. Jennifer Clary-Lemon and Meredith Blunt presented on the process to become a Bird Friendly City, initiatives to support designation, and sought support from Council to confirm the designation. There are currently 30 cities that have been designated as Bird Friendly Cities including the City of Toronto and M. Blunt addressed the requirements to maintain certification including determining election of the Bird-Friendly for the city from four choices by community vote. Delegates then responded to questions from Council regarding partnerships with other organizations like REEP, selection and voting for the Bird choices through social media, 

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

Lanny Noble delegated in opposition of the city becoming a Bird Friendly City and suggested that Council pause its efforts and redirect attention to the societal pressures and challenges many people in the community are facing.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor J. Deneault

    "That Council endorse becoming certified as Bird Friendly by Nature Canada; and further,

    That the City commemorate World Migratory Bird Day on an annual basis on the second Saturday of May by posting information on the City's website and support a World Migratory Bird Day event, as appropriate".

    Carried, as amended
  • Councillor S. Stretch declared a conflict on this item. (Councillor S. Stretch declared a conflict with regards to item 8.1 - Zoning By-law Amendment Application ZBA24/019/T/ES, 60 Trussler Road, 1000160668 Ontario Corp., DSD-2024-432 on the agenda this date, as she has family that owns property within the vicinity, and she did not participate in any voting or discussion on the matter.)

Councillor S. Stretch left the meeting at this time.

Council considered Development Services Department report DSD-2024-432, listed as item 8.8.1 recommending approval of a Zone Change Application for the property municipally addressed as 60 Trussler Road. In addition, Council was in receipt of a written submission from Scott Patterson, responding to the questions that were raised at the Planning and Strategic Initiatives Committee on October 7, 2024.

Scott Patterson addressed Council in support of the staff recommendation and highlighted the sustainability measures taken with respect to the subject applications. The delegate responded to questions of Council regarding request for the Developer to attend, and establishing a visual barrier on the site.

Members of Council asked questions regarding visual barriers, reduction in the number of units, compliance with RES-5 zoning regulations, other applications owned by the Developer, building elevations of the proposed applications, absence of three-bedroom units being proposed, and received responses from Garett Stevenson, Director, Development and Housing Approvals.

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

A recorded vote was requested.

  • Moved byCouncillor D. Chapman
    Seconded byCouncillor S. Davey

    "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’."

    In Favour (6)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor M. Johnston, Councillor D. Chapman, and Councillor A. Owodunni
    Contra (3)Councillor C. Michaud, Councillor B. Ioannidis, and Councillor J. Deneault
    Conflict (1)Councillor S. Stretch
    Carried, on a recorded vote (6 to 3)

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

Council considered Zoning By-law Amendment Application ZBA24/022/K/ES, 864-876 King Street West, King Pine Kitchener Inc., DSD-2024-467, listed as item 7.3.b on the agenda this date.

Pierre Chauvin, MHBC Planning, addressed Council in support of the recommendation and noted revisions to the proposed application to increase the building footprint and adjust northward by 1m to the park space and requested that Council support an amendment to the proposed Zoning By-law related to Zoning By-Law 20190-051 to reference the following: d) The maximum floor plate area of storey 7 shall be 2150M²; f) The minimum physical separation for storeys 13-18 shall be 3.7 metres (North property line, right side), 2.7 metres (Northwest property line), 2.7 metres (North property line, left side); g) The minimum physical separation for storeys 19-36 shall be 3.7 metres (North property line, right side), 2.7 metres (Northwest property line), 2.7 metres (North property line, left side); h) The minimum physical separation for storeys 37 and above shall be 3.7 metres (North property line, right side), 2.7 metres (Northwest property line), 2.7 metres (North property line, left side), 14.6 metres (East property line, North side), 14 metres (South interior property line); and, for the proposed Zoning By-law related to 85-1 to state the following: d) The maximum floor space ratio shall be 7.9.” 

Stephen Litt, Vive Development, addressed Council in support of the recommendation and addressed community feedback to improve the streetscape, pet amenities, contact with site superintendent to neighboring residents, and provision of different bedroom/unit types. Members of Council asked questions regarding visual representations of the proposed changes, similar projects within the city, impacts of the development on the hospital property, community feedback regarding construction, changes to the number of units to 304 and received responses from the Delegates.

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

G. Stevenson responded to questions from Council.

It was noted if Council was prepared to approve the amendments as proposed, an additional clause would be required, stating, 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 ZBA24/022/K/ES.”

Councillor D. Chapman brought forward a motion to approve the subject applications, including the amendments as proposed this date, which was seconded by Councillor M. Johnston.

  • Moved byCouncillor D. Chapman
    Seconded byCouncillor M. Johnston

    "That Zoning By-law Amendment Application ZBA24/022/K/ES requesting to amend Zoning By-law 85-1, for King Pine Kitchener Inc., for the properties municipally addressed as 864-876 King Street West, be approved, in the form shown in the ‘Proposed By-law’, and as amended this date, and ‘Map No. 1’, including the proposed amendments this date, as attached to Development Services Department Report DSD-2024-464 as Attachments ‘A1’ and ‘A2’; and,

    That Zoning By-law Amendment Application ZBA24/022/K/ES requesting to amend Zoning By-law 2019-051, for King Pine Kitchener Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, including the proposed amendments this date, attached to Report DSD-2024-432 as Attachments ‘B1’ and ‘B2’; and,

    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; 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 ZBA24/022/K/ES.”

    Carried, as amended

Council considered Heritage Permit Application HPA-2024-V-024, 115 Lancaster Street East and 58-60 Ellen Street East, DSD-2024-445, listed as item 7.1.a on the agenda this date.

Mark Benjamins addressed Council on support of the recommendation as outlined in Report DSD-2024-445 noting the proposed application and additional 3-storey density requested allows them to finance repairs to the existing heritage unit. The Delegate responded to questions from Council regarding the property frontage, and conceptual renderings.

Nancy Ashley addressed Council in opposition to the proposed development and the recommendation as outlined in Report DSD-2024-445 citing concerns with the proposed addition, as well as concerns with compliance with the guidelines of the Civic Centre Heritage Conservation District (CCHCD) related to addition in the rear yard.

Mayor B. Vrbanovic left the meeting at this time and Councillor S. Davey assumed the role of the Chair. 

G. Stevenson responded to questions from Council regarding the frontage of the property and zoning interpretation of the front and rear side, conflict between the Growing Together and heritage legislation, and noted the CCHCD does not preclude additions in side yards, rather preference be given to rear yard additions. 

Mayor B. Vrbanovic returned to the meeting at this time and assumed the role of the Chair. 

  • Moved byCouncillor D. Chapman
    Seconded byCouncillor C. Michaud

    "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2024-V-024 be approved to permit the partial demolition, the construction of a 3-storey addition, and alterations to the existing building at the property municipally addressed as 115 Lancaster Street East/58-60 Ellen Street East in accordance with the supplementary information submitted with this application and subject to the following conditions, as outlined in Development Services Department report, DSD-2024-445:

      1. That the final Heritage Impact Assessment be approved by the Director of Development and Housing Approvals prior to the issuance of this permit;
      2. That the final Conservation Plan be approved by the Director of Development and Housing Approvals prior to the issuance of this permit;
      3. That the Documentation and Salvage Plan and Cultural Heritage Protection Plan be approved by the City’s Heritage Planner;
      4. 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
      5. 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
  • Moved byCouncillor D. Chapman
    Seconded byCouncillor C. Michaud

    "That the report of Heritage Kitchener, dated November 5, 2024, listed as items 7.1.b to 7.1.f 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 112 Margaret Avenue as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD-2024-457."

    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 148 Margaret Avenue as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD-2024-458."

    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 51 Breithaupt Street as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD-2024-385."

    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 53 Church Street as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD-2024-466."

    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 44-54 Queen Street South as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD-2024-443."

    Carried
  • Moved byCouncillor S. Davey
    Seconded byCouncillor B. Ioannidis

    "That the report of the Finance and Corporate Services Committee, dated October 28, 2024, listed as items 7.2.a to 7.2.d on the agenda this date, be adopted."

    Carried
  • "That the appointment of members to the City’s Advisory Committees and Quasi-Judicial Tribunals for the 2022-2024 term be extended until successors are appointed, as outlined in Corporate Services Department report COR-2024-465."

    Carried
  • "That Ellie Anglin be appointed as the 2024 City of Kitchener Artist in Residence as recommended by the Public Art Working Group and Arts and Culture Advisory Committee, as outlined in Development Services Department report, DSD-2024-076; and further,

    That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Ellie Anglin, outlining the obligations of the Artist in Residence appointment."

    Carried
  • "That the housekeeping edits to the Master Policy and proposed updated corporate policy template, attached as Appendix 'A' to Corporate Services Department report COR-2024-018 be approved; and,

    That the corporate policies listed in Appendix 'B' of Corporate Services Department report COR-2024-018 be amended or repealed; and,

    That the Pregnancy and Parental Leave Policy for Members of Council, attached as Appendix 'C' to Corporate Services Department report COR-2024-018 be approved; and further,

    That the Council Staff Relations Policy attached as Appendix 'D' to Corporate Services Department report COR-2024-018 be approved."

    Carried
  • "That the operating model for the Conrad Centre for the Performing Arts be approved, as outlined in Development Services Department report DSD-2024-281, subject to final ratification of the 2025 budget; and,

    That the Director of Culture & Entertainment be authorized to enter into an agreement with Green Light Arts, for the delivery of mentorship services to renting organizations until June 30, 2026, to the satisfaction of the City Solicitor; and further,

    That approval authority for rental agreements and rental fees for the Conrad Centre for the Performing Arts be delegated to the Director of Culture & Entertainment or designate."

    Carried
  • Moved byCouncillor D. Chapman
    Seconded byCouncillor S. Davey

    "That the report of the Planning and Strategic Initiatives Committee, dated October 28, 2024, listed as item 7.4.a on the agenda this date, be adopted."

    Carried
  • "That Zoning By-law Amendment Application ZBA24/021/V/AP requesting to amend Zoning By-law 85-1, for 1000002286 Ontario Ltd., Legion Heights Victoria Inc., and 2306975 Ontario Inc., for the properties municipally addressed as 169-183 Victoria Street South, be approved in the form shown in the ‘Proposed By-law’ and ‘Map No. 1’ as attached to Development Services Department Report, DSD-2024-430 as Attachment ‘A’; and,

    That Zoning By-law Amendment Application ZBA24/021/V/AP requesting to amend Zoning By-law 2019-051, for 1000002286 Ontario Ltd., Legion Heights Victoria Inc., and 2306975 Ontario Inc., be approved in the form shown in the ‘Proposed By-law’ and ‘Map No. 1’ attached to Report DSD-2024-430 as Attachment ‘B’; and,

    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; and further,

    That the Urban Design Brief prepared by GSP Group Inc., dated October 2024, attached as Attachment ‘C’ to report DSD-2024-430, be endorsed, and that staff be directed to implement the Urban Design Brief through a future Site Plan Approval process, and at the discretion of the City’s Director of Development and Housing Approvals, significant changes to the Urban Design Brief will be to the satisfaction of Council."

    Carried

Mayor B. Vrbanovic advised the city and Region are both in budget consultations and encouraged residents to register for the public consultation. 

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 S. Stretch the by-law related to Zoning By-law for the property municipally addressed as 60 Trussler Road was then voted and was Carried.

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

  • Moved byCouncillor S. Davey
    Seconded byCouncillor A. Owodunni

    "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. Stretch.

  • Moved byCouncillor D. Chapman

    it was resolved:

    "That the Deputy CAO or designate be authorized to execute an amendment to extend the license agreement term to five years and any subsequent five-year renewals for the Waterloo Region Nordic Sports Club use of Rockway Golf Course for the purpose of cross country ski programming; and, said amendment to the license agreement be to the satisfaction of the City Solicitor."

    Carried
  • Moved byCouncillor M. Johnston

    it was resolved:

    "That the Mayor and Clerk be authorized to execute an assignment and assumption agreement , satisfactory to the City Solicitor, to assign the lease with the Grand River Hospital Corporation pertaining to the Grand River Hospital lands located at 835 King Street West, Kitchener to the New Hospital, currently known as Kitchener Waterloo Health Innovation Centre, subject to the satisfaction of the Ministry of Health."

    Carried
  • Moved byCouncillor C. Michaud

    it was resolved:

    "That the Chief Administrative Officer (CAO) be authorized to approve the acquisition of an interests in land, including executing any documentation, satisfactory to the City Solicitor, as set out in Report Number DSD-2024-503, provided that the transaction falls within the approved budget set out therein and that the CAO be authorized to execute the necessary documentation to effect such approved transaction, said documentation to be to the satisfaction of the City Solicitor."

    Carried
  • Moved byMayor B. Vrbanovic

    it was resolved:

    “That the Chief Administrative Officer, or their designate, be authorized to declare a portion of City-owned lands located at 59 Bedford Road, Kitchener to be surplus to the City’s needs subject to the terms and conditions as set out in the in-camera report No. INS-2024-472 as discussed at the November 18, 2024 in-camera meeting of Council; and,

    That the Chief Administrative Officer, or their designate, be authorized to negotiate and approve the disposition of a portion of lands located at 59 Bedford Road as set out in-camera report No. INS-2024-472 based on the terms and conditions discussed at the November 18, 2024 in-camera meeting of Council; and further,

    That the Chief Administrative Officer be authorized to execute the necessary documentation to effect the transaction, and said documentation to be to the satisfaction of the City Solicitor.”

    Carried

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

  • Moved byCouncillor S. Stretch
    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

14.

 

Due to the previously declared conflict by Councillor S. Stretch the by-law related to Zoning By-law for the property municipally addressed as 60 Trussler Road was then voted and was Carried.

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

  • Moved byCouncillor A. Owodunni
    Seconded byCouncillor J. Deneault

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

On motion, the meeting adjourned at 9:11 p.m.