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:
  • 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
  • M. Hildebrand, Director, Neighbourhood Programs and Services
  • A. Fusco, Director Legislated Services / City Clerk
  • E. Moorlag Silk, Interim Manager, Services Coordination and Improvement
  • T. Malone-Wright, Interim, Manager, Development Planning
  • D. Saunderson, Deputy Clerk
  • E. Schneider, Senior Planner

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

On motion by Councillor Ioannidis the minutes of the regular meeting held September 26, 2022, and special meetings held September 12, September 26, November 7, November 16, 2022, as mailed to the Mayor and Councillors, were accepted.

The Mayor acknowledged the Kitchener Rotary Club for their leadership and dedication to the community. In commemoration of the Rotary Club of Kitchener’s 100th anniversary, the City has renamed the Duke St Plaza, Rotary Plaza.

Adrian DeCoo, Bill Proctor, and Louise Gardiner, from Kitchener Rotary addressed Council in support of the renaming.

Rawan Hussein, Safe and Healthy Advisory Committee Member, presented the Access Without Fear Policy outlined in Community Services Department report CSD-2022-467 and responded to questions from Council. Elin Moorlag Silk, Interim Manager, Services Coordination and Improvement and Mark Hildebrand, Director, Neighbourhood Programs and Services were also in attendance to respond to questions from Council.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor C. Michaud

    it was resolved:

    "That Council approve the Access Without Fear Policy as outlined in Appendix 'B' of Community Services Department report CSD-2022-467."

    Carried

Council considered Development Services Department report DSD-2022-448, listed as item 7.2.c. under the Planning and Strategic Initiatives Committee report related to an Official Plan Amendment Application OPA22/011/D/CD and Zoning By-law Amendment Application ZBA22/018/D/CD for the property municipally addressed as 206-210 Duke Street and 46,50 Madison Avenue North. Council was also in receipt of a written submission from Paul Raun related to the subject applications.

Tina Malone-Wright, Interim Manager Development Review, was in attendance to respond to questions from Council.

Kate Willis, MHBC Planning was in attendance in support of the application and to respond to questions from Council.

Paul Raun addressed Council in support of the subject applications, noting the developments contribution to address the housing shortage within the community.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That Official Plan Amendment Application OPA22/011/D/CD for The Knossos Housing Corporation of Waterloo Region requesting a change in land use designation from ‘Medium Density Multiple Residential’ to ‘Medium Density Multiple Residential’ with Special Policy Area 8 to permit a multiple residential 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-2022-448 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA22/018/D/CD for The Knossos Housing Corporation of Waterloo Region be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-448 as Appendix ‘A’; and further,

    That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/018/D/CD."

    Carried

Council considered Development Services Department report DSD-2022-461, listed as item 7.2.a. under the Planning and Strategic Initiatives Committee report related to Zoning By-law Amendment ZBA22/009/O/ES for the property municipally addressed as 1257-1265 Ottawa Street South. Council was also in receipt of written submissions from Rock Kam, Carlos Bazzarella and Michael Brisson related to the subject application.  

Eric Schneider, Senior Planner and Tina Malone-Wright, Interim Manager Development Review, were in attendance to respond to questions from Council.

Rock Kam, Carolos Bazzarella, Erin Dej, Lesley Crompton, Heather Majaury, Michael Brisson, Meagan Snyder, Odell Betty addressed Council in opposition of the subject application. Concerns were expressed about traffic safety and the omission of a Traffic Impact Study, privacy on the adjacent properties, the need for adequate visual barriers, the proposed parking requirements and whether it’s an adequate site for the size of the development, potential for evictions and loss of affordable housing units.

Melissa Bowman addressed Council in support development and the increase to the City's housing supply. M. Bowman expressed concerns with the impacts on the existing tenants and whether adequate compensation was being provided to displaced tenants, and balancing housing needs and affordability.

Members of Council asked questions regarding provincial planning policy provisions, impact of development applications on current tenants, existing lodging house licenses for the existing properties, parking space requirements, requirements for a traffic study, and received responses from the applicant and staff.

Councillor S. Davey provided notice this date that at the January 30, 2023 Council meeting he would be bring forward a Notice of Motion directing staff to report back on infill applications outlining best practice, provincial planning policies and jurisdiction to provide greater awareness to the public on the limitations placed upon Kitchener Council when considering planning applications.

Councillor P. Singh, brought forward a motion to approve Development Services Department report DSD-2022-461 related to Zoning By-law Amendment ZBA22/009/O/ES for the property municipally addressed as 1257-1265 Ottawa Street South, including an amendment requiring the property owner to construct a 2.4m (8") fence, and that a condition be added to the site plan approval process to add additional parking spaces reduced by 10% for compact cars, 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 ZBA22/009/O/ES.

A motion was brought forward by Councillor D. Chapman, seconded by Councillor P. Singh, that the matter be deferred until January 30, 2023, to go back to Applicant and request clarification on what the Applicant can offer the existing tenants, the possibility to relocate them and pay comparable rents and, that the Region of Waterloo be requested to conduct a traffic study.

  • Moved byCouncillor D. Chapman
    Seconded byCouncillor P. Singh

    "That the matter be deferred until January 30, 2023 to go back to Applicant and request clarification on what the Applicant can offer the existing tenants, the possibility to relocate them and pay comparable rents and, that the Region of Waterloo be requested to conduct a traffic study."

    In Favour (5)Councillor P. Singh, Councillor D. Chapman, Councillor A. Owodunni, Councillor J. Deneault, and Councillor A. Clancy
    Contra (6)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor B. Ioannidis, and Councillor M. Johnston
    LOST (5 to 6)
  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That Zoning By-law Amendment Application ZBA22/009/O/ES requesting to amend Zoning By-law 85-1, for Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed ‘Proposed By-law’ as Amended at the December 19, 2022 Council meeting, and ‘Map No. 1’ attached to Report DSD-2022-461 as Attachment ‘A’; and,

    That Zoning By-law Amendment Application ZBA22/009/O/ES requesting to amend Zoning By-law 2019-051, for Ihor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed ‘Proposed By-law’ as Amended at the December 19, 2022 Council meeting, and ‘Map No. 1’ attached to Report DSD-2022-461 as Attachment ‘A’; and,

    That the Proposed By-law to amend Zoning By-law 2019-051, as amended shall have no force and effect against the subject lands until the date that all appeals relating to By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b – Applying New Residential Zones on Properties) in relation to the subject lands have been withdrawn or decided and any applicable appeal periods have expired; and;

    That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/009/O/ES; 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 ZBA22/009/O/ES; and further, 

    That staff be directed through the Site Plan Approval Process to review the on-site Parking and whether additional parking spaces could be identified through the use of compact parking spaces."

    In Favour (8)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor P. Singh, Councillor B. Ioannidis, Councillor M. Johnston, and Councillor A. Owodunni
    Contra (3)Councillor D. Chapman, Councillor J. Deneault, and Councillor A. Clancy
    Carried, on a recorded vote (8 to 3)
  • Councillor A. Clancy declared a conflict on this item. (Councillor A. Clancy declared a pecuniary interest with respect to Item 7.2.f on this evening's Council agenda due to family living in proximity to the address. Accordingly, she did not participate in any discussion or vote regarding these matters or with the approval of the By-laws.)

Council considered Development Services Department report DSD-2022-448, listed as item 7.2.f. under the Planning and Strategic Initiatives Committee report related to an Official Plan Amendment OPA22/003/K/CD, Zoning By-law Amendment ZBA for the property municipally addressed as 4220 King Street East and 25 Sportsworld Crossing Road.

Tina Malone-Wright, Interim Manager Development Review, was in attendance to respond to questions from Council.

Hugh Handy, GSP Group & Adam Carpella were in attendance to respond to questions from Council if required.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That Official Plan Amendment Application OPA22/003/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited requesting a change in land use designations from ‘Commercial’ and ‘Commercial Campus’ to ‘Mixed Use’ with Site Specific Policy Area No. 57 to permit a high intensity mixed used development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2022-447 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA22/005/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited be approved in the form shown in the ‘Proposed By-law’ as amended to reference a Floor Space Ratio of 5.2, and ‘Map No. 1’, attached to Report DSD-2022-447 as Appendix ‘A’; and,

    That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/005/K/CD; 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 ZBA22/005/K/CD.”

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

    "That the report of the Finance and Corporate Services Committee, dated December 12, 2022, listed as items 7.1.a to 7.1.c on the agenda this date, be adopted."

  • "That the Purchase Order for T21-092 Fergus Avenue (Weber Street East to Thaler Avenue) Clover Place Reconstruction, issued to Steed and Evans Limited, St. Jacobs, Ontario be increased in the amount of $90,000 funded by an existing surplus in the project account, be approved, as outlined in Financial Services Department report FIN-2022-492."

    Carried
  • "That the Mayor and Clerk be authorized to execute a five-year funding agreement extension, subject to the satisfaction of the City Solicitor, with the Kitchener Waterloo Woodworking & Craft Centre, as outlined in Community Services Department report CSD-2022-481; and further,

    That funding of $55,403 for the funding agreement with the Kitchener Waterloo Woodworking & Craft Centre be moved from the Tier 1 grant program and placed into the Neighbourhood Programs and services operating budget."

     

    Carried
  • "That the Finance and Corporate Services Committee be delegated the authority of Council to conduct hearings relating to complaints made under section 20 of the Development Charges Act, 1997; and further,

    That the hearings for section 20 Development Charges disputes be conducted as the per the process as outlined in Corporate Services Department report COR-2022-498."

    Carried
  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That the report of the Planning and Strategic Initiatives Committee, dated December 12, 2022, listed as items 7.2.a. to 7.2.f. on the agenda this date, be adopted."

  • "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 2002-164 of the City of Kitchener, as amended, grant draft approval to Condominium Application 30CDM-22217 for 3241-3247 King Street East and 108 Cameo Drive in the City of Kitchener, subject to the conditions shown in Appendix “A”."

    Carried
  • "That Report DSD-2022-410 Kitchener Growth Management Strategy 2022 Annual Monitoring Report be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region Municipality of Waterloo regarding delegated approval authority."

    Carried
  • "That Official Plan Amendment Application OPA22/007/K/CD for King Sheldon Kitchener Holdings Inc requesting a land use designation change from ‘’Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Specific Policy Area 9’ 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 to Report DSD-2022-449 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA22/012/K/CD for King Sheldon Kitchener Holdings Inc be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-449 as Appendix ‘A’; and further,

    That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/012/K/CD."

    Carried

It was noted the deferral at the December 12, 2022 Special Council meeting, spoke to Planning fees and two Engineering fees. It was requested for clarity that the Committee of Adjustment application feeds contained in the user fee schedule lines 1509 to 1515 attached to Financial Services Department report FIN-2022-482 also be confirmed for approval this date.

  • Moved byCouncillor S. Davey
    Seconded byCouncillor B. Ioannidis

    "That the Planning Application Fees identified in lines 232 to 319, the Committee of Adjustment fees identified in lines 1509 to 1515 and two Engineering fees identified as lines 229 and 230, outlined in Appendix 'A' of User Fee Schedule of Financial Services Department report FIN-2022-482, be approved; and further,

    That the required fee By-laws necessary to implement those fees be referred to the first, second and third readings of the By-laws on the agenda this date.”

    Carried

Mayor B. Vrbanovic spoke to the Housing and Homelessness Master Plan from the Region of Waterloo and some of the initiatives that have been recently completed related to addressing homelessness.

Questions and answers were raised related to the following:

  • The status of the Vision Zero Strategy;
  • The status of the Complete Streets Guidelines, and roundabout designs; and,
  • The increase in coyote populations and any available tools to assist with prevention of coyote attacks.

11.

 

At the request of A. Fusco, Director of Legislated Services/City Clerk, Council agreed to six additional By-laws related to Planning and Strategic Initiatives report item 7.2.a, 1257-1265 Ottawa Street South; Planning and Strategic Initiatives report item 7.2.c, 206-210 Duke Street and 46 and 50 Madison Avenue North; Planning and Strategic Initiatives report item 7.2.e, 1251 King Street East and 16 Sheldon Avenue South; Planning and Strategic Initiatives report item 7.2.f., 4220 King Street East and 25 Sportsworld Crossing Road, and, two additional by laws associated with the 2023 Planning fees. 

Due to the previously declared conflict of interest Zoning By-laws 4220 King Street East and 25 Sportsworld Crossing Road were voted on separately.

  • Moved byCouncillor S. Davey
    Seconded byCouncillor C. Michaud

    "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 Ioannidis.

  • it was resolved:

    "That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $93,821.29 as attached to Financial Services Department report FIN-2022-504, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 (“the Act”)."

    Carried
  • it was resolved:

    "That the Mayor and Clerk be authorized to execute a lease agreement with Walkinshaw Holdings Inc for the building and space municipally known as 57 Jubilee Drive under the terms and conditions outlined in DSD-2022-487, subject to all necessary permits and approvals being received by Walkinshaw Holdings Inc prior to the execution of the lease, with said agreements to be to the satisfaction of the City Solicitor."

    Carried

Council considered this matter arising from an in-camera meeting held earlier this date. 

  • "That the Mayor and Clerk be authorized to execute a lease agreement with 1983521 Ontario Inc., o/a Williams Fresh Cafe for the ground floor space municipally known as 198 King Street West as well as a Tri-Party Agreement with the lessee and its franchisor, Druxy’s Inc. regarding Druxy’s Inc. first right of refusal under said lease; said agreements to be to the satisfaction of the City Solicitor."

    Carried

Council considered this matter arising from an in-camera meeting held earlier this date. 

  • "That 300 Kinzie Avenue, being PIN 22565-0315, be declared surplus to the City’s needs, subject to the acquisition of a portion of 50 Thaler Avenue for the relocation of Kinzie Park; and,

    That the Mayor and Clerk be authorized to sign an Agreement of Purchase and Sale with the Waterloo Catholic District School Board for the sale of the City’s parcel of land, 300 Kinzie Avenue, having an area of 0.64 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 Waterloo Catholic District School Board for the purchase of a portion of 50 Thaler Avenue, being a part of PIN 22565-0313 and having an area of 0.64 acres, to be further described in a reference plan to be deposited, subject to the City’s terms and conditions; and,

    That said agreement to be to the satisfaction of the City Solicitor; and further,

    That the Director of Facilities Management, or his designate, be authorized to execute on behalf of the City any planning applications (Official Plan or Zoning By-law Amendment applications) at 300 Kinzie Avenue that are required to satisfy the terms and conditions of the Agreement of Purchase and Sale."

    Carried

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

  • Moved byCouncillor B. Ioannidis
    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 of interest Zoning By-laws 4220 King Street East and 25 Sportsworld Crossing Road were voted on separately.

  • Moved byCouncillor D. Schnider
    Seconded byCouncillor J. Deneault

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

On motion, the meeting adjourned at 10:30 p.m.