Council Meeting Minutes

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Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
Absent:
  • Mayor B. Vrbanovic
  • Councillor S. Davey
  • Councillor D. Schnider
  • Councillor J. Deneault
  • Councillor C. Michaud (participated virtually)
  • Councillor A. Owodunni
  • Councillor P. Singh
  • Councillor B. Ioannidis
  • Councillor M. Johnston
  • Councillor D. Chapman
  • Councillor A. Clancy
Staff:
  • D. Chapman, Chief Administrative Officer (participated virtually)
  • M. May, General Manager, Community Services and Deputy Chief Administrator
  • V. Raab, General Manager, Corporate Services
  • B. Cronkite, Acting General Manager, Development Services Department
  • J. Lautenbach, Chief Financial Officer, Financial Services
  • D. McGoldrick, General Manager, Infrastructure Services
  • A. Fusco, Director Legislated Services / City Clerk
  • G. Stevenson, Interim Director, Planning
  • M. Blake, Committee Administrator

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

Mayor B. Vrbanovic recognized Black History Month and Black Heritage Month and the Hymn to Freedom was presented. 

Mayor B. Vrbanovic acknowledged the one-year anniversary of the Russian war against Ukraine.

On motion by Councillor J. Deneault the minutes of the regular meeting held January 30, 2023, and special meetings held January 23 and 30, 2023, as mailed to the Mayor and Councillors, were accepted.

Saniya Sharma and Zhala Akbari, provided a presentation regarding environmental sustainability highlighting three options to improvement the environment and reduce Greenhouse Gases (GHG) including LED Street Lights, Fuel Switch and Solar Energy abilities in development applications. Costs associated with the options were highlighted. Members of Council asked questions regarding biofuels, and implementation and received responses from the delegates.

  • Moved byCouncillor S. Davey
    Seconded byCouncillor B. Ioannidis

    "That the report of the Finance and Corporate Services Committee, dated February 13, 2023, listed as items 7.1.a to 7.1.b on the agenda this date, be adopted."

  • "That the 2023-2027 Accessibility Plan, as attached to Community Services Department report CSD-2023-004, be approved as the Corporation of the City of Kitchener’s Accessibility Plan."

    Carried
  • "That the complaint of McLean-Peister Limited in relation to the City of Kitchener’s development charges imposed for its development at 375 New Dundee Road as set out in Financial Services Department report FIN-2023-064 be dismissed."

    Carried

Councillor C. Michaud declared a pecuniary interest with respect to Biehn Drive and Sanitary Trunk Sewer Extension Class Environmental Assessment (EA) - Environmental Study Report, DSD-2022-188 due to a family member owning property within the vicinity of the subject property and did not participate in any voting or discussion on the matter.

It was requested Item 7.2.d be voted on separately and on a recorded vote.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Schnider

    "That the report of the Community and Infrastructure Services Committee, dated February 13, 2023, listed as items 7.2.a to 7.2.c on the agenda this date, be adopted."

  • "That the Uniform Traffic and Parking Bylaw be amended to prohibit parking on the north (even-numbered) side of Briar Knoll Drive from a point 68 m west of Calmcrest Drive to a point 29 meters west thereof, as outlined in Development Services Department report DSD-2023-023."

    Carried
  • "That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with Ontario Health for the Multi-Sector Service Accountability Agreement, as outlined in Community Services Department report CSD-2023-008; and further,

    That the CAO or the Deputy CAO of Community Services be authorized to execute the necessary documentation relating to compliance, reporting, and operational matters required by the Multi-Sector Service Accountability Agreement between The Corporation of the City of Kitchener and Ontario Health."

    Carried
  • "That Chapter 633 (Fill - Dumping Alteration of Grade) of the City of Kitchener Municipal Code be amended to include the Site Alteration By-law as outlined in Attachment 'A' of Development Services Department report DSD-2023-058."

    Carried
  • That the following motion be deferred to the March 20, 2023 Council Meeting to allow an opportunity to further review the scoring for alternative 4 outlined in the Environmental Assessment; the traffic demand needs for the community; alternative servicing and construction options; additional environmental impacts such as flooding and salt contamination; impacts on future development and housing supply; and, future construction of Robert Ferrie Drive:

    "That the Biehn Drive and Trunk Sanitary Sewer Extension Class Environmental Assessment (EA) - Environmental Study Report (ESR), prepared by BT Engineering, dated January 18, 2023, be received; and,

    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, as outlined in Development Services Department report DSD-2022-188."

    In Favour (10)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor P. Singh, Councillor B. Ioannidis, Councillor M. Johnston, Councillor D. Chapman, Councillor A. Owodunni, Councillor J. Deneault, and Councillor A. Clancy
    Conflict (1)Councillor C. Michaud
    Carried, unanimously on a recorded vote (10 to 0)
  • Mayor B. Vrbanovic declared a conflict on this item. (Mayor B. Vrbanovic declared a conflict with item 7.3.a. on the agenda this date with regards to the Official Plan Amendment Application OPA22/02/F/BB, Zoning By-law Amendment Application ZBA22/02/F/BB, 142-146 Fergus Avenue, 2467491 Ontario Inc., DSD-2023-051, due to owning property within the vicinity of the subject property and did not participate in any voting or discussion on the matter.)

Due to the noted conflict, Mayor B. Vrbanovic vacated the Chair and did not participate and any voting or discussion on the matter. Councillor P. Singh assumed the role of the Chair. 

In response to a question from Council, Kristen Barisdale, GSP Group, addressed that the increased height and density to warrant affordable housing was not feasible, so the application remained as status quo.

  • Moved byCouncillor A. Clancy
    Seconded byCouncillor B. Ioannidis

    "That Official Plan Amendment Application OPA22/02/F/BB for 2467491 Ontario Inc. requesting a change to the Land Use Designation on the parcel of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment as Appendix “A” to Development Services Department report DSD-2023-051, and be forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA22/02/F/BB for 2467491 Ontario Inc. for the property municipally addressed as 142-146 Fergus Avenue, be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached as Appendix “B” to Report DSD-2023-051; and,

    That the Urban Design Brief prepared by GSP Group Inc. and attached as Appendix “C” to report DSD-2023-051 be adopted, and that staff be directed to apply the Urban Design through the Site Plan Approval process."

    Carried, as amended

Mayor B. Vrbanovic resumed the Chair.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That Zoning By-law Amendment Application ZBA22/027/B/CD for Activa Holdings Inc. for a vacant parcel identified as Blocks 22, 25, 28 and part of blocks 20, 21, 23, 24, 26, 27, 29 Plan 58M-643 (Trussler West Subdivision) be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Development Services Department Report, DSD-2023-054 as Appendix “A”."

    Carried

Council considered Development Services Department report DSD-2023-082 related to Planning applications Official Plan Amendment OP17/003/F/GS, Zoning By-law Amendment ZC17/010/F/GS, 507 Frederick Street, 40, 44, & 48 Becker Street, Henry Walser Funeral Home Ltd recommending a further deferral of the applications to the March 20, 2023 Council meeting at the applicants request to allow additional opportunity to consider options discussed at the January 9, 2023 Planning and Strategic Initiatives Committee. 

  • Moved byCouncillor S. Davey
    Seconded byCouncillor D. Schnider

    "That the following motion be deferred to the March 20, 2023 Council Meeting, as requested by the applicant to allow additional time to review options that were discussed at the Planning and Strategic Initiatives Committee on January 9, 2023, related to on-site minimum parking rates, potential building re-design, removal of Becker Street from the proposed rezoning and to explore options regarding parking on Becker Street and on the land legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1:

    "That Official Plan Amendment Application OP17/003/F/GS for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. for the property municipally addressed as 507 Frederick Street, 40, 44, & 48 Becker Street, and a triangular shaped portion of land legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1., requesting a Commercial land use designation and Specific Policy Area 58 to permit a crematorium/cremator as an accessory use to a funeral home, on the lands specified and illustrated on Schedule ‘A’ and on Schedule ‘B’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2022-478 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 85-1, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Report DSD-2022-478 as Appendix ‘B’; and,

    That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 2019-051, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Report DSD-2022-478 as Appendix ‘C’; and,

    That the Proposed By-law to amend Zoning By-law 2019-051, attached to Report DSD-2022-478 as Appendix ‘C’, 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) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC17/010/F/GS; and,

    That Council give approval under Section 83(3) of the Funeral, Burial and Cremation Services Act, to establish a Crematorium proposed at 507 Frederick Street; and further,

    That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be directed to send a copy of the Council decision to the Provincial registrar and the owner, and that staff also be directed to publish notice of the decision in The Record newspaper."

    Carried, as amended

Mayor B. Vrbanovic addressed the approval of the Region of Waterloo 2023 budget including approval of the reinstatement of the waste receptacles at Grand River Transit (GRT) transit stops and River Road/New Dundee road extension.  

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor S. Davey

    "That the 2023 Council and Committee calendar be amended to reschedule Audit Committee from March 20, 2023 to April 17, 2023."

    Carried

Members of Council raised questions regarding the implementation of Automated Speed Enforcement (ASE) for Westheights Drive and Franklin Street during non-school hours, consistency of speed limits in school zones with area municipalities, data collection in ASE zones, communication regarding the implementation of ASE and received responses from B. Cronkite, Acting General Manager, Development Services.

An amendment was moved by Councillor B. Ioannidis and seconded by Councillor P. Singh to replace the last operative clause with "Therefore be it further resolved that staff be directed to review the appropriate speed limit in all current ASE zones and report back on this matter prior to the fall 2023.”

Councillor Ioannidis's amendment was voted on and was Carried.

  • Moved byCouncillor B. Ioannidis
    Seconded byCouncillor P. Singh

    "WHEREAS 30km/h school zones have been implemented across the City as per the Council approved Neighbourhood Speed Limit project;

    WHEREAS safety concerns regarding speeding and street safety continue to be a top concern for Kitchener residents;

    WHEREAS school zone bylaws on Region of Waterloo and City of Kitchener streets are not consistent in terms of the speed limit and time of day and time of year; and,

    WHEREAS Automated Speed enforcement (ASE) has been installed on Westheights Drive and Franklin Street and residents find driving under the 30km/h hour posted speed limit extremely challenging;

    THEREFORE BE IT RESOLVED THAT staff be directed to investigate appropriate speed limits and time of day restrictions in school zones on City of Kitchener streets and report back to Council prior to the start of the 2023 school year;

    THEREFORE BE IT FINALLY RESOLVED THAT staff be directed to review the appropriate speed limit in all current ASE zones and report back on this matter prior to the fall 2023."

    In Favour (10)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor P. Singh, Councillor B. Ioannidis, Councillor M. Johnston, Councillor A. Owodunni, Councillor J. Deneault, and Councillor A. Clancy
    Contra (1)Councillor D. Chapman
    Carried, as amended, on a recorded vote (10 to 1)

Council was requested to waive notice and consider a Notice of Motion from Councillor S. Davey regarding the potential for increasing the 50 km/hr speed limit on Bingeman Centre dr. to 60 km/hr.

To approve the additional item 2/ 3 of the Whole of Council is required.

  • Moved byCouncillor S. Davey
    Seconded byCouncillor D. Schnider

    "That pursuant to Section 25.4.4 (f) of Chapter 25 (Council Procedure) of the Municipal Code, the requirement for Notice of Motion be waived to add a Notice of Motion from Councillor S. Davey regarding a review of the existing speed limits on Bingemans Centre Drive and whether the limit can be increased from 50 km/hr to 60 km/hr." 

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

    "That staff be directed to review the potential for increasing the 50 km/h speed limit on Bingeman Centre Drive to 60 km/h."

    Carried

11.

 

At the request of A. Fusco, Director of Legislated Services/City Clerk, Council agreed to one additional by-law related to Community and Infrastructure Services report item 7.2.c, Site Alteration By-law Amendment; two additional by-laws related to Planning and Strategic Initiatives report item 7.3.a. Fergus Avenue; and, one additional by-law related to Planning and Strategic Initiatives report item 7.3.b, Trussler West Subdivision. 

  • Moved byCouncillor A. Clancy
    Seconded byCouncillor J. Deneault

    Due to the previously declared conflict by Mayor B. Vrbanovic the Zoning By-law for 142-146 Fergus Avenue was voted on separately and was Carried.

    "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 Deneault.

  • it was resolved:

    "That effective immediately Councillor C. Michaud be appointed as an alternate member to the Dog Designation Appeal Committee for the term ending November 14, 2023, as outlined on the Corporate Services Department report COR-2023-075."

    Carried
  • Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict with regards to Settlement of a Matter Before the Ontario Land Tribunal that was arising for Council consideration this date, which was also considered as item 2.5 on the Special Council agenda earlier this date, as his family owns property in the vicinity of the subject property.)

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

  • it was resolved:

    "That the City Solicitor be authorized to settle the Ontario Land Tribunal (OLT) appeal pertaining to 146-162 Victoria Street South, Kitchener and 92-110 Park Street, Kitchener in accordance with the direction given in-camera on February 27, 2023 including, if necessary, the execution of Minutes of Settlement."

    Carried

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

  • Moved byCouncillor J. Deneault
    Seconded byCouncillor D. Schnider

    “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.

 
  • Moved byCouncillor A. Clancy
    Seconded byCouncillor B. Ioannidis

    Due to the previously declared conflict by Mayor B. Vrbanovic the Zoning By-law for 142-146 Fergus Avenue was voted on separately and was Carried.

    Due to the previously declared conflict by Councillor P. Singh the Confirmatory By-law was voted on separately and was Carried.

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

On motion, the meeting adjourned at 8:40 p.m.