Council Meeting Minutes

-
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
  • K. Hughes, Assistant City Solicitor
  • B. Rowland, Director, Corporate Communications and Marketing
  • A. Fusco, Director Legislated Services / City Clerk
  • C. Spere, Director, Engineering
  • N. Goss, Manager, Policy & Research
  • 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 D. Schnider the minutes of the regular meeting held November 18, 2024, and special meetings held November 18, December 2 and December 12, 2024 as mailed to the Mayor and Councillors, were accepted.

Councillor P. Singh declared a conflict with regards to Inclusionary Zoning - Updated Market Analysis, DSD-2024-498, listed as item 7.2.a 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 C. Michaud declared a pecuniary interest with respect to Biehn Drive and Sanitary Trunk Sewer Environmental Assessment, DSD-2024-374, listed as item 7.1.c on the agenda this date, due to a family member owning property within the vicinity of the subject Environmental Assessment area and did not participate in any voting or discussion on the matter.

  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards to Inclusionary Zoning - Updated Market Analysis, DSD-2024-498, listed as item 7.2.a 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 Inclusionary Zoning - Updated Market Analysis, DSD-2024-498, listed as item 7.2.a on the agenda this date, which was recommended for refusal at the Planning and Strategic Initiatives Committee meeting on December 2, 2024. In addition, Council was in receipt of written submissions from Laura New, Sue Savor, Melissa Bauman, Gail Pool, JD Development, Hal Jaeger, Leslie Macredie, Marilyn Hay and Waterloo Home Builders Association.

Melissa Hughes, Chanel Cressman, Peggy Nichols and Shefaza Esmail addressed Council in opposition to the recommendation outlined in the staff report, noting the City should maintain the implementation timeline of January 1, 2025 as initially proposed and approved. 

Melissa Durrell, Build Urban and Stephen Litt, Vive Development, addressed Council in support of the recommendation outlined in the staff report, noting challenges financial challenges with current real estate market conditions, which may be further exacerbated by Inclusionary Zoning and potentially decrease new development within the City.

Councillor P. Singh left the meeting at this time.

Mike Puopolo, Waterloo Region Home Builders Association, delegated in support of the staff recommendation to delay implementation to January 2026 noting timing concerns with the framework given the broader market and economic challenges. M. Puopolo addressed financial institutions lending rates and requested that IZ be delayed until the market stabilizes. 

Councillor A. Owodunni left the meeting at this time.

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

Councillor J. Deneault left the meeting at this time.

Ken Vogelpohl delegated in opposition of the staff recommendation.

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

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

Councillor C. Michaud left the meeting at this time.

Ryan Murdock, urged Council not to support the staff recommendation as IZ helps provide for affordable housing, and the failure to provide for different housing options causes material impacts on the health of citizens and residents living in the city for those seeking rental housing. 

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

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

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

Myron Steinman, addressed Council in support of the staff recommendation.

It was noted while the applications were recommended for refusal at the Planning and Strategic Initiatives Committee. Mayor B. Vrbanovic stated, to ensure Council receives the preferred result on the Planning Applications, the any motion brought forward needs to be in the affirmative. If It is Council’s will to refuse the Planning Applications, they can vote down the affirmative recommendation which will result in the applications being refused.  Further staff are requesting an amendment to Clause 1 of the recommendation to substitute the Region of Waterloo, with Relevant Approval Authority, to address recent legislation changes that are effective January 1, 2025, related to the approval authority for Official Plan Amendments (OPA)'s.

Councillor S. Davey brought forward a motion, which was seconded by Councillor C. Michaud, as follows:

“That the City-initiated Official Plan Amendment OPA24/013/COK/EP for the purposes of updating Inclusionary Zoning policies within Protected Major Transit Station Areas be adopted, in the form shown in the Official Plan Amendment attached to Development Services report DSD-2024-498 as Attachment ‘A’ and accordingly forwarded to the Relevant Approval Authority for approval; and further,

That the City-initiated Zoning By-law Amendment ZBA24/028/COK/EP to amend Zoning By- law 2019-051 and Zoning By- law 85-1, be approved in the form shown in the Proposed By-law Amendment attached to Report DSD-2024-498 as Attachment `B' and Attachment `C' respectively.

That  the inclusionary zoning framework be operationalized as of January 1, 2026; and further,

That staff be directed to monitor local market conditions and report back to Council no later than the end of 2025 with recommendations on potential adjustments to specific policy parameters, where necessary.”

A recorded vote was requested.

  • Moved byCouncillor S. Davey
    Seconded byCouncillor C. Michaud

    “That the City-initiated Official Plan Amendment OPA24/013/COK/EP for the purposes of updating Inclusionary Zoning policies within Protected Major Transit Station Areas be adopted, in the form shown in the Official Plan Amendment attached to Development Services report DSD-2024-498 as Attachment ‘A’ and accordingly forwarded to the Relevant Approval Authority for approval; and,

    That the City-initiated Zoning By-law Amendment ZBA24/028/COK/EP to amend Zoning By- law 2019-051 and Zoning By- law 85-1, be approved in the form shown in the Proposed By-law Amendment attached to Report DSD-2024-498 as Attachment `B' and Attachment `C' respectively; and,

    That  the inclusionary zoning framework be operationalized as of January 1, 2026; and further,

    That staff be directed to monitor local market conditions and report back to Council no later than the end of 2025 with recommendations on potential adjustments to specific policy parameters, where necessary.”

    In Favour (7)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor B. Ioannidis, Councillor M. Johnston, and Councillor A. Owodunni
    Contra (3)Councillor D. Chapman, Councillor J. Deneault, and Councillor S. Stretch
    Conflict (1)Councillor P. Singh
    Carried, as amended, on a recorded vote (7 to 3)
  • Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud declared a pecuniary interest with respect to Biehn Drive and Sanitary Trunk Sewer Environmental Assessment, DSD-2024-374, listed as item 7.1.c on the agenda this date, due to a family member owning property within the vicinity of the subject Environmental Assessment area and did not participate in any voting or discussion on the matter.)

Council considered Biehn Drive and Sanitary Trunk Sewer Environmental Assessment, DSD-2024-374, listed as item 7.1.c on the agenda this date. In addition, Council was in receipt of a written submission from David Weber and Mike Funk related to this matter.

Chris Spere, Director, Engineering, E. Riek, Project Manager, Development Engineering and Katherine Hughes, Assistant City Solicitor, were in attendance to respond to questions from Council.

Maya Alexandru delegated in opposition to the staff recommendation. 

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

Frank Moffat, Mike Funk, Yvonne and Manny Fernandes, Paul Balzer, Bonnie Bender-Vargas and Luca Angod and Ray Angod addressed Council in opposition to the recommendation as outlined in the staff report.

Councillor J. Deneault left the meeting at this time.

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

Brittany Woodhall delegated in opposition to the recommendation, noting that the Biehn Drive road extension, a Schedule C project, would help to expedite Schedule B Municipal Class EA that would allow for the installation of the requiring servicing without the construction of the road. B. Woodhall encouraged Council to refuse the EA that includes the construction of a road and direct staff to proceed with a Schedule B Municipal Class EA for the utilities only.

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

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

Douglas Drake and Phil Froklage addressed Council in opposition to the staff recommendation.

  • Moved byCouncillor D. Schnider
    Seconded byCouncillor J. Deneault

    "That an in-camera meeting of City Council be held to receive solicitor client advice with regards to the dispensing with the Biehn Drive and Sanitary Trunk Sewer Environmental Assessment as authorized by Sections 239 2 (f) of the Municipal Act, 2001, respectively."

    Carried

The Council meeting then recessed at 10:33 p.m. and reconvened at 10:44 p.m., chaired by Mayor B. Vrbanovic, with all members present, Councillor D. Chapman was participating virtually.

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

Council resumed consideration of the Biehn Drive and Sanitary Trunk Sewer Environmental Assessment, DSD-2024-374, listed as item 7.1.c on the agenda this date.

A recorded vote was requested.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Schnider

    "That the Biehn Drive and Trunk Sanitary Sewer Extension Class Environmental Assessment (EA) - Environmental Study Report (ESR), prepared by BT Engineering, dated November 2024, attached to Development Services Department report DSD-2024-374, be received; and further,

    That the Biehn Drive and Trunk Sanitary Sewer Extension Environmental Study Report (ESR), be filed with the Ministry of the Environment Conservation and Parks (MECP) for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act."

    In Favour (7)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor P. Singh, Councillor B. Ioannidis, Councillor A. Owodunni, and Councillor S. Stretch
    Contra (3)Councillor M. Johnston, Councillor D. Chapman, and Councillor J. Deneault
    Conflict (1)Councillor C. Michaud
    Carried, on a recorded vote (7 to 3)
  • Moved byCouncillor D. Schnider
    Seconded byCouncillor A. Owodunni

    “That pursuant to Section 25.4.16 of Chapter 25 (Council Procedure) of the Municipal Code, the Council proceedings this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda.”

    Carried

Council considered 2024 Report Back - Queen Victoria Statue, Victoria Park, COR-2024-539, Listed as item 12.1.c on the agenda this date. Council was in support a written submission from Foufou Khalid.

Joel Lundy, delegated in support of the recommendation and commended Council for the recommendation to install a commemorative public art installation in Victoria Park.

Anne Marie Beals and Bangishimo (Shawn Johnston) delegated in opposition to the recommendation as outlined in Corporate Services Department report COR-2024-539.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor A. Owodunni

    "That Council receive the Queen Victoria Statue report; and,

    That staff be directed to take no further action associated with directions from Corporate Services Department COR-2022-253; and further,

    That the exploration of a co-led, co-designed commemorative public art installation in Victoria Park be referred to the Arts and Creative Industries Action Plan, which is expected to be presented to Council in Q4 of 2025."

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

    "That the report of the Community and Infrastructure Services Committee, dated December 2, 2024, listed as items 7.3.a and 7.3.b on the agenda this date, be adopted."

    Carried
  • "That the modernized Human Resources policies, attached as Appendix A to Corporate Services report COR-2024 514 be approved; and,

    That the redundant Human Resources policy, attached as Appendix B to Corporate Services report COR-2024-514 be repealed; and further,

    That staff be delegated the authority to update relevant Human Resource policies that may contain dates which are superseded by negotiated or legislated changes as outlined in Corporate Services report COR-2024-514."

    Carried
  • "That the General Manager, Infrastructure Services, be authorized to sign a local improvement petition, specifically related to a city owned property municipally addressed as 32 Ridgemount Street, which is a stormwater facility owned by the City of Kitchener and within the identified local improvement boundary, to allow staff to continue to review the feasibility of the local improvement request, as outlined in Development Services Department report DSD-2024-518."

    Carried

Questions and answers were raised regarding the following:

  • Receiving additional information on the potential partnership between the Downtown Kitchener Business Improvement Area (BIA) and the city's Downtown Ambassador program;
  • The Region of Waterloo 2025 Budget; and, 
  • The $1M Strategic Additions within the 2025 Budget allocated to increased courts, including implementation timing and community engagement.

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 the Official Plan Amendment and Zoning By-law related to Inclusionary Zoning were voted on separately and were Carried.

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

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor J. Deneault

    "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 D. Schnider.

  • Moved byCouncillor P. Singh

    it was resolved:

    "That Purchase Order 215113 for Q22-136 DMAF – PARTS - Schneider Creek Naturalization be increased in the amount of $904,258, plus H.S.T. of $117,553.54, for a total of $1,021,811.54, as outlined in Infrastructure Services Department report INS-2024-534; and further,

    That Purchase Order 214720 for Q22-051, DMAF Bundle A - New Stormwater Management Facilities be increased in the amount of $920,398.80 plus H.S.T. of $119,651.84, for a total of $1,040,050.64."

    Carried
  • Moved byCouncillor P. Singh

    it was resolved:

    "That the following applicants be appointed to represent a community agency on the Grand River Accessibility Advisory Committee (GRAAC) for a 4-year term, on until a successor is appointed ending December 31, 2028:

      • Robyn Jackson, Direct Funding Resource Coordinator, Independent Living Waterloo Region"

         

    Carried
  • Moved byMayor B. Vrbanovic

    “That staff be directed to proceed in accordance with Development Services department report DSD-2024-508.”

    Carried

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

  • Moved byCouncillor D. Schnider
    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.

 

Due to the previously declared conflict by Councillor P. Singh the by-law related to the Official Plan Amendment and Zoning By-law related to Inclusionary Zoning were voted on separately and were Carried.

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

  • Moved byCouncillor B. Ioannidis
    Seconded byCouncillor D. Schnider

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

On motion, the meeting adjourned at 11:30 p.m.