Council Meeting Minutes

Monday, January 20, 2025 at 7:00 P.m. - 10:00 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 (virtually)
• 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
• A. Fusco, Director Legislated Services / City Clerk
• G. Stevenson, Director, Development & Housing Approvals
• R. Bustamante, Director, Planning
• D. Saunderson, Deputy Clerk
• E. Schneider, Senior Planner

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1.

COMMENCEMENT

The meeting began with a Land Acknowledgement given by the Mayor.

1.1

9th Waterloo Cubs will be in attendance for the singing of “O Canada.”

Welcomed by Mayor B. Vrbanovic, the 9th Waterloo Cubs who led the Mayor and Members of Council and all those in attendance for the signing of "O Canada"

1.2

National Day of Remembrance of the Quebec Mosque Attack

The Mayor acknowledged the National Day of Remembrance of the Quebec City Mosque attack and led Members of Council through a moment of silence. 

2.

MINUTES FOR APPROVAL

On motion by Councillor D. Chapman the minutes of the regular meeting held December 16, 2024, and special meetings held December 12 and 16, 2024, as mailed to the Mayor and Councillors, were accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

4.

COMMUNICATIONS REFERRED TO FILE

4.1

Flag Commemoration

Mayor B. Vrbanovic acknowledged that on January 9, 2025 flags at all Government of Canada buildings, including the Kitchener City Hall were half-masted to commemorate the passing of James Earl Carter, Jr., the 39th President of the United States. 

4.2

Flag Request under Policy MUN-FAC-442

4.2.a

Bashkimi Kombetar Organization - Feb 17 - 19, 2025

5.

PRESENTATIONS

5.1

Certificate of Achievement

Mayor B. Vrbanovic presented a Certificate of Service to Councillor D. Schnider acknowledging 10-years of services as a member of Council.

5.2

Coalition of Muslim Women

Sarah Shafiq and Fauzia Mazhar, Coalition of Muslim Women, provided an overview of the work being completed by their organization specifically related to Muslim Women Making Change and highlighted two services, Multi-Lingual Services to Newcomers and Anti-Hate Services (AHS) that CMW offers. F. Mazhar then responded to questions from Council.

Councillor S. Davey left the meeting at this time.

6.

DELEGATIONS

6.1

Zoning By-law Amendment Application ZBA21/012/W/ES, 400 Westwood Drive, Zakia Kardumovic and Anel Kardumovic, DSD-2025-004, and Addendum Report DSD-2025-038 

Council considered Zoning By-law Amendment Application ZBA21/012/W/ES, 400 Westwood Drive, Zakia Kardumovic and Anel Kardumovic, DSD-2025-004, and Addendum Report DSD-2025-038, listed as item 7.2.b on the agenda this date. It was noted that an addendum report DSD-2025-038 was included on the agenda this date, that included an alternative recommendation for Council's consideration.

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

Christian Tsimenidis, Arcadis Professional Services, on behalf of the Applicant, addressed Council in support of the recommendations noting revisions to the application that occurred since Committee including paired driveways, increased side yard setback, trees in the north and south and respective protection areas, and arranged a meeting with all parties. The delegate then responded to questions from Council regarding the increased side yard, trees along the southern side of the property and that lot 1 will be merged with 787 Glasgow Street North through a subsequent process.

Councillor A. Owodunni left the meeting at this time.

Judy Anne-Chapman, provided a presentation regarding the Green Belt Neighbourhood,  in opposition to the recommendation.

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

Alen Sahinovic addressed Council in opposition to the recommendation noting that the proposal would cause safety issues, immediate damage to the retaining wall on their property, addressed the purpose of the mature trees on the site and requested that a moderate tree protection boundary as is proposed on all other boundaries. The delegate then responded to questions from Council.

It was noted if the recommendation as outlined in the addendum report was being approved, it was agreed that an additional clause would be required: 

“That pursuant to Section 34 (17) of the Planning, R. S. O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment Application ZBA21/012/W/ES”

Eric Schneider, Senior Planner, then responded to questions from Council.

Councillor P. Singh, brought forward a motion, which was seconded by Councillor D. Chapman, to approve the recommendation as outlined in the addendum report DSD-2025-038, including the additional clause, related to notice.

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

  "That Zoning By-law Amendment Application ZBA21/012/W/ES requesting to amend Zoning By-law 2019-051, for Zakia Kardumovic and Anel Kardumovic be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2025-038 as Attachments ‘A1’ and ‘A2’, BE APPROVED; and further,

  That pursuant to Section 34 (17) of the Planning, R. S. O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment Application ZBA21/012/W/ES”

  Carried, as amended

6.2

Responsible Pet Ownership

Justine Sparling, Co-Founder and Executive Director, Dog Friendly KW, addressed Council, noting in January 2024, the City of Kitchener was the first city in Canada to become a certified “Pet Friendly City” under Mars Petcare’s Better Cities for Pets program garnering national media coverage for our community. J. Sparling provided an update of the work completed to date, indicating for 2024 the top priority was to implement a Responsible Pet Ownership Community Campaign. 

Mayor B. Vrbanovic left and returned to the meeting at this time. 

Councillor P. Singh left the meeting at this time. 

J. Sparling further advised next steps for continuing to advance being a "Pet Friendly City include establishing & declaring more city-owned properties in Kitchener as pet-friendly; advocating for a pet-friendly LRT system across the Waterloo Region; and, continuing to work collaboratively to educate & advocate for responsible pet ownership. The delegate then responded to questions from Council and Jordan Baker, a representative from the Humane Society of Kitchener Waterloo & Stratford Perth addressed the city's by-laws as it relates to cat regulation.

6.3

Winter Sidewalk Enforcement

Nancy Ashley was not in attendance this date.

6.4

Evictions due to Renovations - By-law Request

Council considered presentations from delegations related to the issue of Evictions due to Renovations and requested Council consider passing a By-law to prohibit evictions as a result of a renovation request. Council was also in receipt of written submissions related to this matter from Martin Asling, Waterloo Region Yes in My Backyard and Sanja Skulic.

Meg Walker, and Dorinda Kruger Allen, addressed Council related to the issue of Evictions due to Renovations and requested Council consider passing a By-law to prohibit evictions as a result of a renovation request. 

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

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

Councillor D. Schnider left the meeting at this time.

Dr. Ronald Brown addressed Council with respect to a public health crisis stemming from the loss of affordable housing and dangers the loss of housing can have.

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

Dr. Richard Christy addressed Council in support of adoption of legislation that protects affordable housing and encouraged Council to take a leadership role.

Ken Vogelpohl addressed the legal authority of renoviction legislation and requested Council adopt similar legislation.

Natalie Goss, Manager, Policy and Research, Rosa Bustamante, Director Planning & Housing Policy, and Justin Readman, General Manager, Development Services, then responded to questions from Council regarding municipal renoviction by-laws.

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

• Moved by Councillor S. Stretch
  Seconded by Councillor C. Michaud

  "That staff be directed to provide additional information at the February 10, 2025 Special Council meeting, on whether staff would be able to expedite a previously requested follow up report, discussed at the June 24, 2024 Council meeting, which would include a review of other "Renoviction" By-laws that have already been approved thus far, and whether the report could be brought forward for consideration prior to June 2025."

  Carried

7.

COUNCIL PROCEEDINGS TO CONTINUE BEYOND 11:00 p.m.

• Moved by Councillor B. Ioannidis
  Seconded by Councillor P. Singh

  “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

8.

REPORTS OF COMMITTEES

8.1

HERITAGE KITCHENER - JANUARY 7, 2025

• Moved by Councillor C. Michaud
  Seconded by Councillor D. Chapman

  "That the report of Heritage Kitchener, dated January 7, 2025, listed as items 7.1.a to 7.1.b on the agenda this date, be adopted."

  Carried

8.1.a

Notice of Intention to Designate, 69 Agnes Street, DSD-2025-013

• "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 69 Agnes Street, as outlined in Development Services Department report DSD-2025-013, as being of cultural heritage value or interest."

  Carried

8.1.b

Notice of Intention to Designate, 80-86 Union Boulevard / 571 York Street, DSD-2025-014

• "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 80-86 Union Boulevard / 571 York Street, as outlined in Development Services Department report DSD-2025-014, as being of cultural heritage value or interest."

  Carried

8.2

PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JANUARY 6, 2025

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

  "That the report of the Planning and Strategic Initiatives Committee, dated January 6, 2025, listed as items 7.2.a to 7.2.b on the agenda this date, be adopted."

  Carried

8.2.a

Annual Zoning By-law Update, DSD-2025-003

• That City-initiated amendment ZBA24/025/K/KA (Annual Zoning By-law Update) to Zoning By-law 85-1, be approved in the form shown in the ‘Proposed By-law’ attached to Development Services Department report, DSD-2025-003 as Appendix “A”, and;

  That City-initiated amendment ZBA24/025/K/KA (Annual Zoning By-law Update) to Zoning By-law 2019-051, be approved in the form shown in the ‘Proposed By-law’ attached to Development Services Department report, DSD-2025-003, as Appendix “B”, and further;

  That a new Legal Services Administrator FTE position be approved to support zoning review and the required legal administration of securing planning approvals to support the timely review of development applications in accordance with the timeframes prescribed by Provincial legislation."

  Carried

8.2.b

Zoning By-law Amendment Application ZBA21/012/W/ES, 400 Westwood Drive, Zakia Kardumovic and Anel Kardumovic, DSD-2025-004, and Addendum Report DSD-2025-038

• Carried, as amended, under Delegations

9.

UNFINISHED BUSINESS

10.

NEW BUSINESS

10.1

- MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC

None.

10.1.a

Evictions due to Renovations - Update

10.2

Notice of Motion - Paper Billing - S. Davey

Councillor S. Davey brought forward a notice of motion, which was seconded by Councillor D. Schnider to review options to encourage the use of e-billing and to help reduce reliance on paper bills and postage.

It was suggested and agreed that the motion be amended to include the consideration of new incentive opportunities that would help to encourage customers to switch to e-billing; as well as a review of communication opportunities that the City could use to help share information through e-bills.

• Moved by Councillor S. Davey
  Seconded by Councillor D. Schnider

  "WHEREAS the City of Kitchener acknowledges the importance of environmental sustainability, cost efficiency, and promoting advancement in technology in its operations, and;

  WHEREAS approximately 50% or the City’s residents are currently enrolled in the City’s e-billing platform for property tax and utility billing, and;

  WHEREAS Canada Post has notified the City that postage charges will increase by 25% starting in 2025, which will result in a significant cost increase for both property tax and utility customers, and;

  WHEREAS enrollment on e-billing offers numerous benefits such as reducing paper waste, lowering costs, and providing customers with a faster, more secure and more convenient access to their bills, and;

  THEREFORE BE IT RESOLVED that the City of Kitchener staff consider the feasibility of grandfathering existing customers who are currently not enrolled on e-billing and provide options for council to consider for any new customers who sign up for services with the City, and report back to the Finance and Corporate Services committee in the second quarter of 2025;

  THEREFORE BE IT FINALLY RESOLVED that staff also be directed to review incentive opportunities that would help to encourage customers to switch to e-billing; as well as communication opportunities that the City could use to help share information through e-bills."

  Carried, as amended

11.

QUESTIONS AND ANSWERS

12.

BY-LAWS

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. A. Fusco further advised at staff's request, the by-law to designate the property municipally addressed as 53 Church Street, was being removed from the agenda this date for Council's consideration. Saff would like further opportunity to discuss the designation with the Property owner prior to consideration.

12.1

1ST AND 2ND READING

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

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

12.1.a

Being a by-law to authorize borrowing for current expenditures in 2025.

12.1.b

Being a by-law to designate the property municipally addressed as 107 Courtland Avenue East, in the City of Kitchener as being of historic and cultural heritage value or interest.

12.1.c

Being a by-law to designate the property municipally addressed as 44-54 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

12.1.d

Being a by-law to designate the property municipally addressed as 51 Breithaupt Street, in the City of Kitchener as being of historic and cultural heritage value or interest.

12.1.e

Being a by-law to designate the property municipally addressed as 112 Margaret Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest.

12.1.f

Being a by-law to designate the property municipally addressed as 148 Margaret Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest.

12.1.g

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

12.1.h

To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon.

12.1.i

To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof.

12.1.j

To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property.

12.1.k

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener.

12.1.l

Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Annual Zoning By-law Update.

12.1.m

Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Zakia Kardumovic and Anel Kardumovic – 400 Westwood Drive.

12.1.n

To confirm all actions and proceedings of the Council for January 20, 2025.

13.

COMMITTEE OF THE WHOLE

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

13.1

ADMINISTRATIVE REPORTS

13.1.a

1001 King Street East, Updated Urban Design Brief, DSD-2024-537

• Moved by Councillor A. Owodunni

  it was resolved:

  "That the Phasing Brief for 1001 King Street East attached to Report DSD-2024-537 as Appendix ‘A’ be adopted; and further,

  That staff be directed to report back prior to final site plan approval of any proposed vertical tower phasing projects, excluding podium phasing, received prior to December 31, 2026."

  Carried

13.1.b

2025-2026 Committee Appointment - Committee of Adjustment, COR-2025-030

• Moved by Councillor A. Owodunni

  it was resolved:

  "That effective immediately Maria Melo be appointed to the Committee of Adjustment for the term ending November 14, 2026, or until a successor is appointed, as outlined in Corporate Service Department report COR-2025-030."

  Carried

13.2

FOR INFORMATION

13.2.a

Summary of Bid Solicitations Approved by the Chief Procurement Officer (October 1, 2024 - December 30, 2024), FIN-2025-032

14.

REPORT OF THE COMMITTEE OF THE WHOLE

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

• Moved by Councillor D. Chapman
  Seconded by Councillor J. Deneault

  “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.

BY-LAWS

15.1

3RD READING

• Moved by Councillor B. Ioannidis
  Seconded by Councillor D. Schnider

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

15.1.a

Being a by-law to authorize borrowing for current expenditures in 2025.

(By-law 2025-001)

15.1.b

Being a by-law to designate the property municipally addressed as 107 Courtland Avenue East, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2025-002)

15.1.c

Being a by-law to designate the property municipally addressed as 44-54 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2025-003)

15.1.d

Being a by-law to designate the property municipally addressed as 51 Breithaupt Street, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2025-004)

15.1.e

Being a by-law to designate the property municipally addressed as 112 Margaret Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2025-006)

15.1.f

Being a by-law to designate the property municipally addressed as 148 Margaret Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest.

(By-law 2025-007)

15.1.g

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

(By-law 2025-008)

15.1.h

To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon.

(By-law 2025-009)

15.1.i

To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof.

(By-law 2025-010)

15.1.j

To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property.

(By-law 2025-011)

15.1.k

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener.

(By-law 2025-012)

15.1.l

Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Annual Zoning By-law Update.

(By-law 2025-013)

15.1.m

Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Zakia Kardumovic and Anel Kardumovic – 400 Westwood Drive.

(By-law 2025-014)

15.1.n

To confirm all actions and proceedings of the Council for January 20, 2025.

(By-law 2025-015)

Carried

16.

ADJOURNMENT

On motion, the meeting adjourned at 10:48 p.m.