Council Meeting Minutes

Monday, September 26, 2022 at 7:00 P.m. - 9:00 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. Gazzola
• Councillor C. Michaud
• Councillor K. Galloway-Sealock
• Councillor P. Singh
• Councillor B. Ioannidis
• Councillor M. Johnston
• Councillor D. Chapman
• Councillor S. Marsh

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
• D. Saunderson, Deputy Clerk
• A. Fusco, Director Legislated Services / City Clerk

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1.

COMMENCEMENT

The meeting began at 7:17 p.m. with a Land Acknowledgement given by the Acting Mayor and the singing of “O Canada.”

1.1

September 30th, The National Day for Truth and Reconciliation

September 30th, The National Day for Truth and Reconciliation, was then recognized by the Mayor, which was further recognized with a moment of silence.

2.

MINUTES FOR APPROVAL

On motion by Councillor Singh the minutes of the regular meeting held August 22, 2022, and special meeting held August 22, 2022 as mailed to the Mayor and Councillors, were accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

Councillor P. Singh, declared a pecuniary interest on item 3.1 on the Special Council agenda earlier this day as he owns property near the potential acquisition of land by the City.

4.

COMMUNICATIONS REFERRED TO FILE

4.1

Flag Request Under Policy MUN-FAC-442

4.1.a

Association des francophones de Kitchener-Waterloo - September 23, 2022

5.

PRESENTATIONS

5.1

Volunteer Long Service Awards

Mayor B. Vrbanovic on behalf of Council and staff recognized the amazing volunteers in the City and thanked them for their valued programs, events and services Kitchener residents enjoy.

Acting Mayor S. Davey recognized groups in Minor Sports Groups including, Asashi Judo Club, 55 years of service; Kitchener Soccer Club, 55 years of service; K-W Water Polo Club, 45 years of community contributions; Topspin Table Tennis Club of KW, 20 years of service; Tsuruoka Karate Club, 25 years of service; K-W Gymnastics Club, 55 years of service; Kitchener Minor Hockey, 90 years of community contribution; Southwest Optimists T-Ball, for 40 years of continued programming.

Acting Mayor S. Davey along with members of Council recognized the Stanley Park Community Association for 45 years of service; Highland Stirling Community Group for 45 years of service and Mill-Courtland Neighborhood Association for 35 years of neighborhood contributions: and, Forest Heights Community Association for 45 years of continued programming. 

Acting Mayor S. Davey reported that over the past 2 years, 21 minor sports groups and 14 neighborhood associations have celebrated a milestone anniversary. 

5.2

Sustainable Waterloo Region

Tova Davidson, Executive Director of Sustainable Waterloo Region, presented the 2021 State of Sustainability Year -End Report. T. Davidson highlighting the expansion of their borders into shoulder areas, including Wellington County, Perth and Oxford Counties to help them measure and reduce their impact accomplishments of the TransformWR strategy towards a low carbon economy.

6.

DELEGATIONS

6.1

Homelessness

6.1.a

Grant Vickers

Grant Vickers, addressed council regarding the homeless situation in the City and urged Council to build affordable housing for vulnerable individuals citing a possible development opportunity at Belmont Street and Glasgow Street.

6.2

Official Plan Amendment OPA21/008/K/CD - Zoning By-law Amendment ZBA21/013/K/CD - 1668 King Street East - 2806399 Ontario Inc., DSD-2022-405, listed as item 7.2.f.

6.2.a

Kate Wills, MHBC Planning, Stephen Litt and Georgina Georgiou

Council considered Official Plan Amendment OPA21/008/K/CD - Zoning By-law Amendment ZBA21/013/K/CD - 1668 King Street East - 2806399 Ontario Inc., Development Service Department report DSD-2022-405, listed as item 7.2.f. on the agenda this date. In addition, Council was in receipt of a written submission from Lori Mark related to the subject applications.

Kate Wills, MHBC Planning, addressed Council on behalf of the Applicant for 1668 King Street East, in support of the application, including the proposed amendment from the September 12, 2022 Planning and Strategic Initiatives Committee to increase the height of the proposed development by two additional stories, increasing the Floor Space Ratio (FSR) to 7.6 rather than 7.2 and an amendment to the parking rate to reduce the proposed parking ratio from 0.64 to 0.6, which was referred to Council this date for consideration.

Stephen Litt, Vive Development, addressed Council in support of the subject applications. S. Litt stated as a means of addressing the concerns raised related to affordable housing, they would be willing to make a $200,000. donation to the Working Centre to assist one of their affordable housing projects that is already shovel ready. S. Litt indicated the proposed development contributes to a sustainable environment with 90% of the units, including 4-bedroom units at CMHC affordable housing at $1200 per month.

Georgina Georgiou, expressed concerns regarding the proposed development noting the need for affordable housing, the need for 3 bedroom requirements and connectivity with Eastwood Collegiate and transit stops.

Councillor P. Singh brought forward a motion to approve the Zoning By-law application, including an additional clause as follows "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 ZBA21/013/K/CD."

An amendment was then moved by Councillor S. Marsh, seconded by Councillor D. Chapman, to direct staff to explore a mid-block connection through the upcoming King Street East Secondary Plan process.

Councillor Marsh's amendment was then voted on and was Carried unanimously on a recorded vote.

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

  "That Official Plan Amendment Application OPA/21/008/O/CD for 2806399 Ontario Inc. requesting a land use designation change from ‘‘Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Specific Policy Area 7’ to permit a mixed use development on the lands specified and illustrated on Schedule ‘A’, on the property municipally addressed as 1668 King Street East, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2022-405 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

  That Zoning By-law Amendment Application ZBA21/013/K/CD for 2806399 Ontario Inc. be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-405 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 ZBA21/013/K/CD; 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 ZBA21/013/K/CD; and further,

  That staff be directed to explore a mid-block connection through the upcoming King Street East Secondary Plan process."

   

  In Favour (9)	Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor J. Gazzola, Councillor C. Michaud, Councillor K. Galloway-Sealock, Councillor P. Singh, Councillor B. Ioannidis, and Councillor M. Johnston
  Contra (2)	Councillor D. Chapman, and Councillor S. Marsh

  Carried, as amended, on a recorded vote (9 to 2)

7.

REPORTS OF COMMITTEES

7.1

PLANNING AND STRATEGIC INITIATIVES COMMITTEE - SEPTEMBER 12, 2022

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

  "That the report of the Planning and Strategic Initiatives Committee, dated September 12, 2022, listed as items 7.1.a to 7.1.c on the agenda this date, be adopted."

7.1.a

Limiting Distance Agreement with the Owner of 17 Benton St. and the Corporation of the City of Kitchener, pursuant to Div. B, 3.2.3.1.(11) of the Ontario Building Code - DSD-2022-406

• "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Plan 364 Part Lot 4, Part Lot 5, Plan 394, Part Lot 38, RP58R-2490 Part 1, Known as 17 Benton St., pursuant to Div. B Section 3.2.3.1.(11) of the Ontario Building Code, said agreement to permit the construction of the new exterior openings with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent City open park space, Plan 394, Part Lot 38, known as Oktoberfest Platz, as outlined in Development Services Department DSD-2022-406." 

  Carried

7.1.b

Zoning By-law Amendment ZBA22/007/W/ES - 82 Wilson Avenue, 84 Wilson Avenue, and 210 Fourth Street - Regional Municipality of Waterloo, DSD-2022-409

• "That Zoning By-law Amendment Application ZBA22/007/W/ES requesting to amend Zoning By-law 85-1, for the applicant, the Regional Municipality of Waterloo, be approved in the form shown in the Proposed ‘Proposed By-law’, and ‘Map No. 1’, for the property municipally addressed as 82 Wilson Avenue, 84 Wilson Avenue, and 210 Fourth Street, attached to Development Services Department report DSD-2022-409 as Attachment ‘A’; and,

  That Zoning By-law Amendment Application ZBA22/007/W/ES requesting to amend Zoning By-law 2019-051, for the applicant, the Regional Municipality of Waterloo, be approved in the form shown in the Proposed ‘Proposed By-law’, and ‘Map No. 1’ attached to Report DSD-2022-409 as Attachment ‘B’; 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 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 ZBA22/007/W/ES."

  Carried

7.1.c

2022 Artist in Residence Appointment - DSD-2022-299

• "That Bangishimo Johnston be appointed as the 2022 City of Kitchener Artist in Residence as recommended by Public Art Working Group and Arts and Culture Advisory Committee: and further, 

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

  Carried

7.1.d

Official Plan Amendment OPA22/006/R/TS - Zoning By-law Amendment ZBA22/010/R/TS - 27 Roy Street - RFB Developments, DSD-2022-407

It was noted at the Planning and Strategic Initiatives Committee meeting, the Committee considered an amendment to consider the inclusion of a 4th dwelling unit. The resolution posted on the agenda includes approval of a fourth dwelling unit as discussed at that meeting.

A motion was brought forward by Councillor D. Chapman to approve Official Plan Amendment OPA22/006/R/TS - Zoning By-law Amendment ZBA22/010/R/TS - 27 Roy Street - RFB Developments, DSD-2022-407 as printed on the agenda this date, which was seconded by Councillor P. Singh.

Councillor S. Marsh brought forward an amendment, which was seconded by Councillor C. Michaud to include an additional clause in the recommendation this date "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 ZBA22/010/R/TS."

Councillor Marsh's amendment was then voted on and was Carried.

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

  "That Official Plan Amendment Application OPA22/006/R/TS for RFB Developments requesting the addition of Special Policy Area 11 for the lands specified and illustrated as the “Area of Amendment”, municipally addressed as 27 Roy Street, on Schedule “A”, be adopted in the form shown in the Official Plan Amendment attached to Report DSD-2022-407 as Attachment “A”, and accordingly forwarded to the Region of Waterloo for approval; and,

  That Zoning By-law Amendment Application ZBA22/010/R/TS for RFB Developments, requesting a change from Residential Five Zone (R-5) with Special Use Provision 164U to Residential Five Zone (R-5) with Special Use Provision 164U and Special Regulation Provision 781R, be approved in the “Proposed By-law” dated September 12, 2022, including an amendment to permit a fourth dwelling unit, for the lands illustrated on “Map No. 1” attached to Report DSD-2022-407 as Attachment “B”; 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 ZBA22/010/R/TS."

  Carried, as amended

7.1.e

Official Plan Amendment OPA22/005/O/CD - Zoning By-law Amendment ZBA22/008/O/CD - 368, 372, 374 and 382 Ottawa St. South 99, 103, 107, 111 and 115 Pattandon Avenue - St. Mary Coptic Orthodox Church, DSD-2022-401

Acting Mayor noted the following matter was referred to Council this date and requested a mover for the recommendation.

Councillor P. Singh moved the recommendation as outlined on the agenda this date, which was seconded by Councillor B. Ioannidis.

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

  "That Official Plan Amendment Application OPA/22/005/O/CD for The St. Mary Coptic Orthodox Church, Kitchener, Ontario; Coptic Orthodox Patriarchate Saint Maurice Coptic requesting a change in land use designation from ‘Low Rise Residential’ to ‘Medium Rise Residential’ with Site Specific Policy Area No. 54 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-2022-401 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

  That Zoning By-law Amendment Application ZBA22/008/O/CD for The St. Mary Coptic Orthodox Church, Kitchener, Ontario; Coptic Orthodox Patriarchate Saint Maurice Coptic be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2022-401 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 ZBA22/008/O/CD."

  Carried

7.1.f

Official Plan Amendment OPA21/008/K/CD - Zoning By-law Amendment ZBA21/013/K/CD - 1668 King Street East - 2806399 Ontario Inc., DSD-2022-405

• Carried, as amended, under Delegations

8.

UNFINISHED BUSINESS - NIL

9.

NEW BUSINESS

9.1

REGIONAL COUNCIL UPDATE – NIL

9.2

Notice of Motion - C. Michaud - Region of Waterloo, GRT Garbage Receptacles

Councillor C. Michaud moved the notice of motion, noting the Region of Waterloo removed 240 garbage receptacles from Grand River Transit (GRT) stops as a cost saving measure, but with the removal of those garbage receptacles there has been an increase accumulation of garbage within the community, which was seconded by Councillor M. Johnston.

In response to questions from Council, Dan Chapman, Chief Administrative Officer addressed that the Region implemented a budget cost-savings to reduce receptacles. Denise McGoldrick, General Manager, Infrastructure Services responded to questions from Council regarding the possibility of a joint-service agreement with the Region for the service, and any additional costs attributed to an enhanced waste pick up. 

Councillor P. Singh moved an amendment, seconded by Councillor B. Ioannidis that the City advocate to the Region that they consider working with City staff for a joint services agreement regarding garbage receptacles pick up, that was then voted on and Carried. 

The main motion as amended was then voted on and Carried.

• Moved by Councillor C. Michaud
  Seconded by Councillor M. Johnston

  "WHEREAS The Region of Waterloo proudly partners with local municipalities, Adopt-A-Road program, the Ministry of Transportation of Ontario (MTO), and others to promote waste reduction and litter prevention across the region, through the cure for litter program;

  WHEREAS the Region of Waterloo is the service provider for Grand River Transit as well as the service provider for waste management;

  WHEREAS the Region of Waterloo has expressed their commitment to curing litter, but during the 2022 budget process approved the removal of 240 garbage receptacles from the Grand River Transit (GRT) stops to achieve an in-year cost savings of $60,000 and an annual cost saving of $180,000. for 2023 and beyond; 

  WHEREAS the Region of Waterloo’s decision to remove the garbage receptacles at GRT stops does provide financial cost savings, the financial savings are arguably not off-setting the adverse impacts on the environment and do not support the Region’s commitment to curing litter; 

  WHEREAS the volume of pedestrian activity at and around Grand River Transit stops, would warrant waste receptacles to help manage litter within our Cities; and, 

  WHEREAS the average distance someone will carry garbage before littering is 12 paces and GRT Stops are high pedestrian traffic locations;

  THEREFORE BE IT RESOLVED that the City of Kitchener request the Region of Waterloo to reinstall and manage garage receptacles at the GRT Stop locations to promote litter prevention, environmental leadership and respond to the needs of our community;

  THEREFORE BE IT FURTHER RESOLVED that this resolution be shared with all other municipalities with the Region of Waterloo."

  THEREFORE IT FINALLY BE RESOLVED that the City advocates to the Region that they consider working with City staff for a joint services agreement regarding garbage receptacles pick up."

  Carried, as amended

10.

QUESTIONS AND ANSWERS - NIL

11.

BY-LAWS

11.1

1ST AND 2ND READING

At the request of A. Fusco, Director, Legislated Services/City Clerk, Council agreed to include additional By-laws related to matters listed on the Planning and Strategic Initiatives Committee report including - Zoning By-law and Official Plan amendment - 27 Roy Street; Zoning By-law amendment - 82 Wilson Avenue, 84 Wilson Avenue, and 210 Fourth Street; Zoning By-law and Official Plan amendment - 368, 372, 374 and 382 Ottawa St. South 99, 103, 107, 111 and 115 Pattandon Avenue; and, Zoning By-law and Official Plan amendment - 1668 King Street East. 

• Moved by Councillor K. Galloway-Sealock
  Seconded by Councillor D. Schnider

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

11.1.a

Being a by-law to name private roads as Urbane Boulevard, Avid Drive, Ardor Avenue, Serene Way, Reverie Way, Musing Street, Moxie Lane and Mettle Way, in the City of Kitchener.

11.1.b

To further amend By-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener.

11.1.c

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

11.1.d

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.

11.1.e

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

11.1.f

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

11.1.g

Being a By-law regarding the Procurement of Goods and Services.

11.1.h

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Ronald Fiami Brohman – 27 Roy St.

11.1.i

Being a by-law to adopt Amendment No. 121 to the Official Plan - 27 Roy Street.

11.1.j

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Regional Municipality of Waterloo – 82 Wilson Avenue, 84 Wilson Avenue, 210 Fourth Street.

11.1.k

Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener - 368, 372, 374 and 382 Ottawa St. South 99, 103, 107, 111 and 115 Pattandon Avenue.

11.1.l

Being a by-law to adopt Amendment No. 17 to the Official Plan - 368-382 Ottawa Street South & 99-115 Pattandon Avenue.

11.1.m

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 2806399 Ontario Inc. – 1668 King Street East.

11.1.n

Being a by-law to adopt Amendment No. 122 to the Official Plan - 1668 King Street East.

11.1.o

Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Regional Municipality of Waterloo – 82 Wilson Avenue, 84 Wilson Avenue, 210 Fourth Street.

11.1.p

To confirm all actions and proceedings of the Council for September 26, 2022.

Carried

12.

COMMITTEE OF THE WHOLE - NIL

13.

BY-LAWS

13.1

3RD READING

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

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

13.1.a

Being a by-law to name private roads as Urbane Boulevard, Avid Drive, Ardor Avenue, Serene Way, Reverie Way, Musing Street, Moxie Lane and Mettle Way, in the City of Kitchener.

(By Law No. 2022-103)

13.1.b

To further amend By-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener.

(By Law No. 2022-104)

13.1.c

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 No. 2022-105)

13.1.d

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 No. 2022-106)

13.1.e

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

(By Law No. 2022-107)

13.1.f

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

(By Law No. 2022-108)

13.1.g

Being a By-law regarding the Procurement of Goods and Services.

(By Law No. 2022-109)

13.1.h

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Ronald Fiami Brohman – 27 Roy St.

(By Law No. 2022-110)

13.1.i

Being a by-law to adopt Amendment No. 121 to the Official Plan - 27 Roy Street.

(By Law No. 2022-111)

13.1.j

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Regional Municipality of Waterloo – 82 Wilson Avenue, 84 Wilson Avenue, 210 Fourth Street.

(By Law No. 2022-112)

13.1.k

Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener - 368, 372, 374 and 382 Ottawa St. South 99, 103, 107, 111 and 115 Pattandon Avenue.

(By Law No. 2022-113)

13.1.l

Being a by-law to adopt Amendment No. 17 to the Official Plan - 368-382 Ottawa Street South & 99-115 Pattandon Avenue.

(By Law No. 2022-114)

13.1.m

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – 2806399 Ontario Inc. – 1668 King Street East.

(By Law No. 2022-115)

13.1.n

Being a by-law to adopt Amendment No. 122 to the Official Plan - 1668 King Street East.

(By Law No. 2022-116)

13.1.o

Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Regional Municipality of Waterloo – 82 Wilson Avenue, 84 Wilson Avenue, 210 Fourth Street.

(By Law No. 2022-117)

13.1.p

To confirm all actions and proceedings of the Council for September 26, 2022.

(By Law No. 2022-118)

Carried.

14.

ADJOURNMENT

On motion, the meeting adjourned at 9:40 p.m.