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Council Meeting Minutes
June 20, 2022, 7:00 p.m.
Electronic Meeting
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. loannidis
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
G. St. Louis, Director, Utilities
R. Bustamante, Director, Planning
K. Kugler, Director, Sport
A. Fusco, Director Legislated Services / City Clerk
B. Cronkite, Director, Transportation Services
E. Moorlag Silk, Interim Director, Equity Anti -Racism &
Indigenous Initiatives
G. Stevenson, Manager, Development Planning
K. Abu-Eseifan, Manager, Gas Supply and Engineering
L. Palubeski, Manager, Program & Resource Services
D. Saunderson, Deputy Clerk
E. Schneider, Senior Planner
D. Choudhry, Heritage Planner
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1. COMMENCEMENT
The electronic meeting began at 7:11 p.m. with a Land Acknowledgement given
by the Mayor and the singing of "O Canada." Mayor B. Vrbanovic recognized
Indigenous Peoples Day.
1.1 Moment of Silence - Former Councillor Christina Weylie
Mayor B. Vrbanovic provided details regarding former Councillor Christine
Weylie's achievements on Kitchener City Council and shared details about the
celebration of life scheduled for later this week. Members of Council then held a
moment of silence in memory.
2. MINUTES FOR APPROVAL
On motion by Councillor J. Gazzola the minutes of the regular meeting held May
30, 2022 and special meetings held May 9, and 16, 2022, as mailed to the Mayor
and Councillors, were accepted.
Councillor P. Singh entered the meeting at this time.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 Councillor B. loannidis - Places and Spaces - Park Strategic Plan and Park
Dedication Update, INS -2022-224, Listed as item 7.3.c on the agenda.
Councillor B. loannidis declared a pecuniary interest with the clause outlined in
the recommendation related to parkland exemption for affordable housing
outlined in the Places and Spaces - Park Strategic Plan and Park Dedication
Update, INS -2022-224 on the Community and Infrastructure Services Committee
report listed on the agenda this date due to his employment with a non-profit
affordable housing provider. Accordingly, he did not participate in any discussion
or voting regarding these matters.
3.2 Councillor C. Michaud - Park Strategic Plan and Park Dedication Update,
INS -2022-224, Listed as item 7.3.c on the agenda.
Councillor C. Michaud declared a pecuniary interest with the clause outlined in
the recommendation related to parkland exemption for affordable housing
outlined in the Places and Spaces - Park Strategic Plan and Park Dedication
Update, INS -2022-224 on the Community and Infrastructure Services Committee
report listed on the agenda this date due to her employment with a non-profit
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affordable housing provider. Accordingly, she did not participate in any
discussion or voting regarding these matters.
3.3 Councillor S. Marsh - Official Plan Amendment and Zoning By-law
Amendment - 146-162 Victoria Street South and 92-110 Park Street, listed
as Item 5.5.d
Councillor S. Marsh declared a pecuniary interest with Official Plan Amendment
OPA21/011/V/ES - Zoning By-law Amendment ZBA/21/017/V/ES - 146-162
Victoria Street South and 92-110 Park Street - Innovation Developments
Kitchener Limited, DSD -2022-263 on the Planning and Strategic Initiatives
Committee report listed on the agenda this date as her family owns property in
the vicinity of the subject property. Accordingly, she did not participate in any
discussion or voting regarding these matters.
3.4 Councillor P. Singh - Official Plan Amendment and Zoning By-law
Amendment - 276 King Street East Inc., DSD -2022-213, listed as 7.5.c
Councillor P. Singh declared a pecuniary interest with Official Plan Amendment
OPA20/006/K/AP - Zoning By-law Amendment ZBA20/015/K/AP - 276 King
Street East - 276 King Street East Inc., DSD -2022-213 on the Planning and
Strategic Initiatives Committee report listed on the agenda this date as members
of his family own property in the vicinity of the subject project. Accordingly, he did
not participate in any discussion or voting regarding this matter.
3.5 Councillor P. Singh - Official Plan Amendment and Zoning By-law
Amendment - 146-162 Victoria Street South and 92-110 Park Street, listed
as Item 5.5.d
Councillor P. Singh declared a pecuniary interest with Official Plan Amendment
OPA21/011/V/ES - Zoning By-law Amendment ZBA/21/017/V/ES - 146-162
Victoria Street South and 92-110 Park Street - Innovation Developments
Kitchener Limited, DSD -2022-263 on the Planning and Strategic Initiatives
Committee report listed on the agenda this date as members of his family own
property in the vicinity of the subject project. Accordingly, he did not participate in
any discussion or voting regarding this matter.
4. COMMUNICATIONS REFERRED TO FILE
5. PRESENTATIONS
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5.1 Welcome - Briana Acosta
The Mayor introduced Briana Acosta who has joined the City from the Bloomberg
Harvard City Leadership Initiative as a Master of Public Health Candidate to help
facilitate the Summer Fellow - Project EMPTHY (EMPowered, Thriving and
Happy Youth) program.
5.2 Children and Youth Planning Table (CYPT)
Alison Pearson, Manager, Community Engagement and Planning, Region of
Waterloo, was in attendance on behalf of the Youth Planning Table to present
the Youth Impact Survey and responded to questions from Council.
6. DELEGATIONS
6.1 Notice of Motion - Free Public Transportation on Election Day, listed as
item 9.2
6.1.a Sana Banu, President, Conestoga Students Incorporated
Councillor B. loannidis brought forward the Notice of Motion, which was listed
under new business on the agenda this date, related to lobbying the Region of
Waterloo to provide free public transit on Election Day, which was seconded by
Councillor S. Davey.
Sana Banu, President, Conestoga Students Incorporated, addressed Council in
support of Councillor loannidis's Notice of Motion and responded to questions
from Council.
A. Fusco, City Clerk, was also in attendance to respond to questions from
Council related to polling locations for the 2022 Municipal Election.
Moved by Councillor B. loannidis
Seconded by Councillor S. Davey
"WHEREAS there has been an overall and consistent decline in voter
turnout for municipal, provincial, and federal elections in Canada and in
Waterloo Region, despite the act of voting being essential to the proper
functioning of the democratic process; and,
WHEREAS many residents struggle to access transportation to polling
stations on election days, due to a lack of transportation available,
physical mobility or accessibility issues, and/or socioeconomic status; and,
WHEREAS any initiative to boost attention and incentives to vote on
election days warrants attention and exploration in order to assist the
democratic process and increase voter turnout; and,
M
WHEREAS the Region of Waterloo has a vested interest in increasing
voter engagement in the municipal election; and,
WHEREAS in the past the Region of Waterloo has provided free transit for
events with regional significance such as Oktoberfest and New Year's
Eve;
THEREFORE BE IT RESOLVED THAT correspondence be sent to the
Region of Waterloo on behalf of Kitchener Council to request free public
transportation on election day for the Municipal and School Board
Election, as well as for the Provincial, and Federal Election days, so as to
generate more attention about elections and polling station locations, and
to encourage and make it possible for more residents to vote, that would
otherwise be unable to access their polling stations."
Carried
6.2 Queen Victoria Statue - Considerations for Next Steps, COR -2022-253,
listed as item 7.2.b.
6.2.a Delegation - COR -2022-253 - Queen Victoria Statue
Council considered Queen Victoria Statue - Considerations for Next Steps, COR -
2022 -253, listed as item 7.2.b. on the agenda this date. Elin Moorlag Silk, Interim
Director, Equity, Anti -Racism & Indigenous Initiatives and Victoria Raab, General
Manager, Corporate Services were in attendance to respond to questions from
Council.
Barb Van Dam addressed Council in opposition of the in report COR -2022-253.
B. Van Dam requested Council maintain the Queen Victoria Statue in Victoria
Park and to use the proposed funding to commission new works of art to
contribute to the history of the City.
Councillor J. Gazzola requested a recorded vote.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That staff be directed to launch an equity -driven community engagement
process to gather ideas and feedback from the community with respect to
the Queen Victoria statue located in Victoria Park, as outlined in Corporate
Services Department report COR -2022-253; and,
That staff be directed to launch a public education process around the
history related to Queen Victoria, the statue and its impacts; and further,
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That staff be directed to commission new temporary public artwork that
recognizes Indigenous Peoples on the site while the engagement process
occurs."
In Favour (10): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor J. Gazzola,
Councillor C. Michaud, Councillor K. Galloway-
Sealock, Councillor P. Singh, Councillor B. loannidis,
Councillor M. Johnston, and Councillor S. Marsh
Contra (1): Councillor D. Chapman
Carried, on a recorded vote (10 to 1)
6.3 Official Plan Amendment OPA21/011/V/ES - Zoning By-law Amendment
ZBA/211017/V/ES - 146-162 Victoria Street South and 92-110 Park Street -
Innovation Developments Kitchener Limited, DSD -2022-263, listed as item
7.5.d.
6.3.a Various Delegations - Official Plan Amendment and Zoning By-law Amendment
ZBA/21/017/V/ES - 146-162 Victoria Street South and 92-110 Park Street
Councillor S. Marsh declared a conflict on this item. (Councillor S. Marsh
declared a pecuniary interest with Official Plan Amendment OPA21/011/V/ES -
Zoning By-law Amendment ZBA/21/017/V/ES - 146-162 Victoria Street South
and 92-110 Park Street - Innovation Developments Kitchener Limited, DSD -
2022 -263 on the Planning and Strategic Initiatives Committee report listed on the
agenda this date as her family owns property in the vicinity of the subject
property. Accordingly, she did not participate in any discussion or voting
regarding these matters.)
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a pecuniary interest with Official Plan Amendment OPA21/01 WES - Zoning By-
law Amendment ZBA/21 /017/V/ES - 146-162 Victoria Street South and 92-110
Park Street - Innovation Developments Kitchener Limited, DSD -2022-263 on the
Planning and Strategic Initiatives Committee report listed on the agenda this date
as members of his family own property in the vicinity of the subject project.
Accordingly, he did not participate in any discussion or voting regarding this
matter.)
Council considered Official Plan Amendment OPA21/011/V/ES - Zoning By-law
Amendment ZBA/21/017/V/ES - 146-162 Victoria Street South and 92-110 Park
Street - Innovation Developments Kitchener Limited, DSD -2022-263, listed as
n.
item 7.5.d. on the agenda this date. Council was also in receipt of written
submissions from Margaret Wilton -Roberts, Penny Ainlay, Kristen Barisdale,
MHBC Planning and Mike and Maureen McMahon. Eric Schnider, Senior
Planner, Garett Stevenson, Manager, Development Planning and Barry Cronkite,
Director, Transportation Services were in attendance to respond to questions
from Council.
Various Delegations - Official Plan Amendment and Zoning By-law Amendment
ZBA/21/017/V/ES - 146-162 Victoria Street South and 92-110 Park Street
Kristen Barisdale, GSP Group, addressed Council regarding questions and
concerns that were raised on June 13, 2022 from Planning and Strategic
Initiatives Committee meeting, including: Public Realm and Streetscape,
Transportation concerns and access to the site as well as Community Benefits
matters which have been revised since the initial consideration of this matter.
Shmuel Zimmerman and Steven Ruse, DOV Capital were also in attendance. S.
Zimmerman further addressed Council to summarize the Community Benefits
that will be provided to the Community as a result of the development. In
response to questions from Council, K. Barisdale advised the Region of
Waterloo's required road widening, while it has not been transferred to the
Region, has already been factored into the proposed development proposal.
Jacqueline Brook addressed Council in opposition to the proposed development
for 146-162 Victoria Street South and 92-110 Park Street, expressing concerns
with traffic and insufficient greenspace to support a development of this size. J.
Brook requested Council refuse the subject applications and responded to
questions from Council.
Gail Pool was in attendance in opposition to the proposed development
applications. G. Pool expressed concerns with the proposed development and its
compliance with the regulations in the Official Plan, stating the property does not
form an adequate a transition between the property and adjacent low-rise
residential area. G. Pool expressed further concerns with the property's
compatibility with the surrounding neighbourhood and requested the applications
be refused. In response to questions, G. Pool stated opinions that any
development proposed for this property should not exceed 8 -stories which is
permitted in the City's Zoning By-law.
John MacDonald addressed Council in opposition to subject applications, stating
opinions that buildings of this nature do not support the overall health of the City.
J. MacDonald expressed concerns with the proposed height and density of the
development.
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Scott McQuarrie was in attendance in opposition to the subject applications, and
expressed concerns with the impacts of the development on the adjacent
neighbourhood. S. McQuarrie noted further concerns with traffic safety and the
lack of a comprehensive Transportation Study to support the proposed
development.
Mario Chilanski attended in opposition to the proposed development, expressing
concerns with the proposed development and the shadow impacts on the
adjacent neighbourhood.
Margaret Walton -Roberts addressed Council in opposition to the subject
application, expressing concerns with the proposed streetscape, landscaping as
well as the proposed community benefits related to affordable housing,. M,
Walton -Roberts indicated opinions that the community benefit is proposed to
support a Waterloo development, not affordable housing in Kitchener. M. Walton -
Roberts requested the applications be refused.
In response to questions, E. Schnider advised Council that if the application was
refused, the application could be appealed to the Ontario Land Tribunal (OLT).
Questions were raised regarding the Transportation Impact Study (TIS) and B.
Cronkite advised the TIS was completed as per the requirements of the Region
of Waterloo and the City of Kitchener and was accepted. Questions were raised
regarding the Community Benefits and what could result of those benefits if the
application is refused and subsequently appealed. E. Schnider advised the OLT
would consider the applications through a hearing de novo, which would likely
result in the community benefits being reconsidered. In response to further
questions, E. Schnider provided a comparison of the application from its initial
inception and its proposed composition this date and the number of changes that
the applicant has made since the application was initially submitted.
Councillor D. Chapman questioned whether it was possible to request the
applicant complete a more comprehensive traffic study, with a larger study area.
B. Cronkite advised the proposed boundary as suggested is similar to a master
plan and beyond the development requirements. B. Cronkite further advised the
applicant has completed the necessary traffic study requirements and height
does not equal traffic construction. J. Readman, General Manager, Development
Services further addressed the downtown core and proposed traffic volumes
surrounding the rapid transit station. Questions were raised regarding the
regional road -widening and whether it would become portion of the roadway. B.
Cronkite advised the section in the Region's Active Transportation Plan has
identified this part of the roadway for cycling lanes, noting the roadway is
proposed to be reconstructed in 2029. Further questions were raised regarding
Urban Growth Centre (UGC) and G. Stevenson advised that UGC area has been
defined by the Province, noting the boundary of the growth area has not changed
and will not change with this application.
Councillor C. Michaud requested a recorded vote.
Moved by Councillor D. Chapman
Seconded by Councillor S. Davey
"That Official Plan Amendment Application OPA/21/011/V/ES, for
Innovation Developments Kitchener Limited, for the property municipally
addressed as 146-162 Victoria Street South and 92-110 Park Street,
requesting to add Site Specific Policy Area 6 to Map 4 — Urban Growth
Centre (Downtown) of the Official Plan and to add Site Specific Policy
15.D.2.69 to facilitate a mixed use development having 1,124 residential
units and 1,750 square metres of commercial space with a Floor Space
Ratio (FSR) of 11.7, be adopted, in the form shown in the Official Plan
Amendment attached to Development Services Department report DSD -
2022 -263 as Attachment `A', and accordingly forwarded to the Regional
Municipality of Waterloo for approval, and,
That Zoning By-law Amendment Application ZBA21/017/V/ES for
Innovation Developments Kitchener Limited be approved in the form
shown in the `Proposed By-law', and `Map No. 1', attached to
Development Services Department report DSD -2022-263 as Attachment
`B'; 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 ZBA21/017/V/ES."
In Favour (3): Councillor S. Davey, Councillor D.
Schnider, and Councillor B. loannidis
Contra (6): Mayor B. Vrbanovic, Councillor J.
Gazzola, Councillor C. Michaud, Councillor K.
Galloway-Sealock, Councillor M. Johnston, and
Councillor D. Chapman
Conflict (2): Councillor P. Singh, and Councillor S.
Marsh
LOST (3 to 6)
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6.4 Recess and Reconvene
The meeting was recessed at 10:09 p.m. and re -convened at 10:20 p.m. chaired
by Mayor B. Vrbanovic with all members present.
6.5 Heritage Permit Application HPA-2022-IV-010 & HPA-2022-IV-011 - 16-20
Queen Street North - Construction of a New 34 -Storey Multi -unit Residential
Building - DSD -2022-231, listed as Item 7.1.a.
6.5.a Dan Currie, Rachel Redshaw, Tyler Ulmer and Karl Kessler - Delegations
Council considered Heritage Permit Application HPA-2022-IV-010 & HPA-2022-
IV-011 - 16-20 Queen Street North - Construction of a New 34 -Storey Multi -unit
Residential Building - DSD -2022-231, listed as Item 7.1.a. on the agenda this
date. Council was also in receipt of a written submission from Laura New related
to this matter.
Deeksha Chaudry, Heritage Planner, providing opening remarks, noting Council
has previously passed a motion to designate the front facade of the building on
June 8, 2021. D. Chaudry advised since that time, a Site Plan application has
been applied for, which required the two Heritage Permit Applications (HPA), one
for the demolition and one for the construction of the 34 -storey building. In
response to questions, D. Chaudry advised the Site Plan application has
received Site Plan Approval in principle. Garett Stevenson, Manager,
Development, was also in attendance to respond to questions from Council.
Dan Currie, MHBC Planning addressed Council in support of the staff
recommendation which was put forward at the Heritage Kitchener meeting to
approve the Heritage Permit Applications (HPA) to permit the demolition and
construction of the 34 -storey building for the property municipally addressed as
16-20 Queen Street North. D. Currie indicated the proposed development has
not received any alterations since Council approved the designation of the
proposed dwelling. D. Currie indicated the HPA's are intended to continue to
facilitate the proposed development. D. Currie stated they were in support of the
proposed Heritage Designation By-law as proposed.
Tyler Ulmer, Momentum Development, addressed Council in support of the
proposed HPA's. In response to questions, T. Ulmer advised if the HPA's were
refused, Council's decision could potentially be appealed to the Ontario Land
Tribunal (OLT). T. Ulmer stated pending Council's decision and bank financing
the project could start quickly.
Karl Kessler, Architectural Conservancy Ontario, North Waterloo Region Branch,
addressed Council in support of the Heritage Kitchener Committee
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recommendation to refuse the HPA's, stating where possible Council should seek
opportunities to designate further attributes of the building, including but not
limited to the interior of the building.
6.6 Council proceedings to continue beyond 11:00 p.m.
Moved by Councillor C. Michaud
Seconded by Councillor S. Marsh
"That pursuant to Section 25.4.11 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
6.7 Heritage Permit Application HPA-2022-IV-010 & HPA-2022-IV-011 - 16-20
Queen Street North - Construction of a New 34 -Storey Multi -unit Residential
Building - DSD -2022-231, listed as Item 7.1.a. (Cont'd)
In response to questions, G. Stevenson advised Council approved designating
the building in June 2021, noting the By-law listed on the agenda this date is
actioning that approval to finalize the process. G. Stevenson further advised a
Heritage Permit Application was not required to address the Site Plan Approval
process to proceed with the demolition of the rear portion of the building and the
construction of the new building, stating the items are separate matters for
consideration. In response to questions, it was noted the motion on the agenda
this date is the recommendation arising from the Heritage Kitchener Advisory
Committee. Staff had made a recommendation to approve the Heritage Permit
applications, Heritage Kitchener then made the recommendation to refuse them.
A motion that the question now be put was brought forward by Councillor M.
Johnston, seconded by Councillor P. Singh, which was voted on and was
Carried.
D. Saunderson, Deputy Clerk, requested although Heritage Kitchener brought
forward a motion to refuse, where possible Council should put forward a motion
in the affirmative, stating if the motion is lost the Heritage Permit Applications
would then be refused.
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That pursuant to Sections 30(2) and 34 of the Ontario Heritage Act,
Heritage Permit Application HPA-2022-IV-010 be approved, as outlined in
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Development Services Department report DSD -2022-231, to permit the
partial demolition excluding the front fagade and portions of the returns of
the subject property municipally addressed as 16-20 Queen Street North,
subject to the following conditions:
1. That the final Heritage Impact Assessment and Conservation Plan
be submitted and approved by the Director of Planning prior to the
issuance of a Heritage Permit; and,
2. That a final Temporary Protection Plan, including a Demolition Plan
and Stabilization Plan, a final Documentation and Salvage Plan,
and a final Risk Management Plan be submitted to the satisfaction
of the City's Manager of Development Review and the City's
Heritage Planner prior to the issuance of a Heritage Permit; and,
3. That a final Vibration Monitoring Plan be submitted to the
satisfaction of the City's Manager of Development Review and the
City's Heritage Planner prior to the issuance of a Heritage Permit;
and,
4. That the owner obtain heritage approval under the Ontario Heritage
Act and a Building Permit under the Building Code for the 34 -storey
residential tower, prior to the issuance of a demolition permit.
aF :E
That pursuant to Sections 30(2) and 33 of the Ontario Heritage Act,
Heritage Permit Application HPA-2022-IV-011 be approved, as outlined in
Development Services Department report DSD -2022-231, to permit the
new construction of a 34 -storey residential tower on the subject property
municipally addressed as 16-20 Queen Street North, subject to the
following conditions:
1. That the final Heritage Impact Assessment and Conservation Plan
be submitted and approved by the Director of Planning prior to the
issuance of a Heritage Permit; and,
2. That a final Temporary Protection Plan, including a Demolition Plan
and Stabilization Plan, a final Documentation and Salvage Plan,
and a final Risk Management Plan be submitted to the satisfaction
of the City's Manager of Development Review and the City's
Heritage Planner prior to the issuance of a Heritage Permit; and,
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3. That a final Vibration Monitoring Plan be submitted to the
satisfaction of the City's Manager of Development Review and the
City's Heritage Planner prior to the issuance of a Heritage Permit;
and,
4. That the owner obtain heritage approval under the Ontario Heritage
Act and a Building Permit under the Building Code for the 34 -storey
residential tower, prior to the issuance of a demolition permit."
Carried
6.8 No Conversion Practices Policy Investigation Report Back, COR -2022-210,
listed as Item 7.2.c.
6.8.a Danny Chirilenco
Council considered No Conversion Practices Policy Investigation Report Back,
COR -2022-210, listed as Item 7.2.c. this date.
Danny Chirilenco addressed Council in support of the recommendation as
outlined in report COR -2022-210.
Moved by Councillor D. Chapman
Seconded by Councillor K. Gall oway-Sealock
"That Council approve the recommended amendments to the City Facility
Usage by Groups or Events Policy (MUN-FAC-2030), as outlined in
Corporate Services Department report COR -2022-210; and,
That Council approve the recommended amendments to the Display &
Posting — Community Facilities Policy (MUN-FAC-405); and,
That Council approve the recommended amendments to the Municipal
Sponsorship Policy (GOV-COR-2000); and further,
That Council approve the recommended criteria statement to be added to
all community grants provided by the City of Kitchener, including the RISE
Fund, Tier 2 Community Grants, LoveMyHood matching grants, and
Facilities grants."
Carried
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6.9 Places and Spaces - Park Strategic Plan and Park Dedication Update, INS -
2022 -224, Listed as item 7.3.c
6.9.a Various Delegations - Places and Spaces - Park Strategic Plan and Park
Dedication Update, INS -2022-224, Listed as item 7.3.c
Councillor B. loannidis declared a conflict on this item. (Councillor B. loannidis
declared a pecuniary interest with the clause outlined in the recommendation
related to parkland exemption for affordable housing outlined in the Places and
Spaces - Park Strategic Plan and Park Dedication Update, INS -2022-224 on the
Community and Infrastructure Services Committee report listed on the agenda
this date due to his employment with a non-profit affordable housing provider.
Accordingly, he did not participate in any discussion or voting regarding these
matters.)
Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud
declared a pecuniary interest with the clause outlined in the recommendation
related to parkland exemption for affordable housing outlined in the Places and
Spaces - Park Strategic Plan and Park Dedication Update, INS -2022-224 on the
Community and Infrastructure Services Committee report listed on the agenda
this date due to her employment with a non-profit affordable housing provider.
Accordingly, she did not participate in any discussion or voting regarding these
matters.)
Council considered Places and Spaces - Park Strategic Plan and Park
Dedication Update, INS -2022-224, listed as item 7.3.c on the agenda this date.
Council was also in receipt of written submissions from Zac Zehr, Zehr Group,
Margaret Walton -Roberts, MHBC Planning, Polocorp Inc, Gwen Wheeler, GGFI
Law, Peggy Nickels, Melissa Miller, Susan Fulop, Ann Smith, Momentum
Developments related to report INS -2022-224.
Niall Lobley advised since the June 13, 2022 Community and Infrastructure
Services Committee meeting staff have reviewed the comments and feedback
received at that meeting and have proposed a few amendments addressing the
definition of affordable housing, as well as extending the transitional period from
12 to 24 months.
Stephen Litt, Vive Development, addressed Council in opposition to the
recommendation outlined in report INS -2022-224, noting the proposed report
would have a significant increase in costs and impacts on the rental market. S.
Litt stated support for deferring the decision and responded to questions from
Council.
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Donna Kuehl and Peggy Nickels addressed Council in support of the
recommendation outlined in report INS -2022-224, including the proposed
changes to the Parkland Dedication by-law as initially proposed without the
extended transition period.
Councillor J. Gazzola brought forward a motion to defer the subject report to the
August 22, 2022 Council meeting, noting Council has received a significant
number of emails related to this matter and it would give members of the
community opportunity to further engage on this matter prior to Council rendering
a decision, which was seconded by Councillor B. loannidis.
In response to questions about the proposed deferral, N. Lobley advised the
Planning Act does require a new Parkland Dedication By-law to be in place by
September 2022 and if it is not approved by that date, it would prohibit staff from
collecting parkland dedication until a new by-law is approved.
Members of Council requested additional information on the following: whether
the By-law could be approved with a future effective date, a further review of the
transition period and whether it could be implemented over a three, four or five
year timeline, and whether the fees could be differed to occupancy. Councillor B.
loannidis further requested that prior to the 2023 budget, if there was an
opportunity to review the proposed parkland dedication increases and whether
there were options to off -set the increase through the tax levy.
Questions were raised regarding the proposed deferral to August 2022 and
whether staff had any concerns with the deferral date. N. Lobley expressed
concern that if Council had any significant changes than what was included in the
By-law this date, staff may not have the opportunity to action those changes,
which could result in a Parkland Dedication not being approved until Spring 2023,
which would prohibit staffs' ability to collect parkland dedication for that time.
Moved by Councillor J. Gazzola
Seconded by Councillor B. loannidis
"That the follow resolution be deferred to the Auqust 22, 2022 Council
meeting to allow staff and opportunity to respond to comments and
feedback received to date on the proposed Parkland Dedication By-law:
"That Spaces be approved and recognized as the City's Parks Plan
pursuant to the requirements of the Planning Act, as outlined
Infrastructure Services Department staff report INS -2022-224; and,
That the updated Park Dedication By -Law Chapter 273 and Park
Dedication Policy be approved, as amended, in the form shown in
15
"Proposed Park Dedication By -Law (2022)" and "Proposed Park
Dedication Policy (2022)", attached to Report INS -2022-224 as
Attachment "C" and Attachment "D"; and,
That staff be directed to work with the school boards to explore
shared use agreements that provide for a common understanding
of where public use can be supported on existing school board
lands, and where school board use of public parks may occur; and,
That staff be directed to continue to work with agencies such as
Kitchener Wilmot Hydro and Hydro One in managing areas of
transmission corridors to support and link a planned park and open
space system, and continue to work with partners such as
Chicopee Ski Hill and the Grand River Conservation Authority to
enhance the City's parks and open space system; and,
That staff be directed to identify specific properties of interest for
acquisition or repurpose (in the event lands are identified that are in
public ownership) to address identified Critical Needs Areas and
bring these forward when opportunities exist to Council; and,
That staff be directed to incorporate relevant directions from
Spaces into the City's Official Plan through its next review; and,
That staff be directed to consider, prior to the sale of any City -
owned property, that such property be considered for use as
parkland in any community having a high or critical need for
parkland acquisition, in equal consideration with affordable housing
and economic development; and,
That staff be directed to remove the downtown exemptions for
parkland dedication requirements such that all development within
the downtown will be subject to parkland dedication requirements;
and,
That staff be directed to investigate and bring a report to Council
before the 2024 budget cycle on other ways in which parkland
acquisition might be advanced and funded, including exploring tools
such as a special tax program that would support the Parkland
Reserve fund to acquire parkland above and beyond the tools
proposed in Spaces and the Parkland Dedication Bylaw; and
further,
W.
That the proposed Places & Spaces report be amended so that no
parkland dedication requirements be charged to any supportive or
highly subsidized (rent geared to income) affordable housing
projects as part of this new plan."
Carried
6.10 Suspend the Rules -Motion to go Beyond Midnight
In accordance with Municipal Code Chapter 25 (Procedural By-law), Section
25.2.2 (Suspend the Rules), Mayor B. Vrbanovic requested a motion to suspend
the rules to extend the proceedings of Council past midnight.
Moved by Councillor S. Davey
Seconded by Councillor D. Schnider
"That approval be given for this meeting of Council to continue past 12:00
a.m."
Carried, unanimously
6.11 Class Environmental Assessment (EA) for Upper Hidden Valley Pumping
Station and Forcemain, DSD -2022-258, Listed as item 7.4.a
6.11.a Hanna Domagala and Peter Benninger, Prime Valley Developments
Council considered Class Environmental Assessment (EA) for Upper Hidden
Valley Pumping Station and Forcemain, Development Services Department
report DSD -2022-258, listed as item 7.4.a on the agenda this date. H. Gross,
Director, Engineering, and K. Wood, Project, Manager were in attendance to
respond to questions from Council.
Peter Benninger and Hanna Domagala requested Council defer consideration of
the recommendation outlined in report DSD -2022-258, expressing concerns with
the proposed forcemain location and the future capacity of the pumping station.
Councillor B. loannidis brought forward a motion to defer the recommendation
outlined in report DSD -2022-258 to the August 22, 2022 Council meeting, which
was seconded by Councillor P. Singh.
In response to questions, H. Gross advised that a proposed deferral could
possibly impact the proposed River Road extension along Wabanaki Drive.
Moved by Councillor B. loannidis
Seconded by Councillor P. Singh
17
"That the following motion be deferred to the August 22, 2022 Council
meeting to allow staff the opportunity to further address the concerns
raised this date related to concerns with the proposed forcemain location
and the future capacity of the pumping station:
"That the Upper Hidden Valley Sanitary Pumping Station and
Forcemain Environmental Study Report (ESR) prepared by MTE
Consultants, dated May 25, 2022, which recommends Alternative
2a as the preferred sanitary pumping station, be received, as
outlined in Development Services Department report DSD -2022-
258; and further,
That the Upper Hidden Valley Sanitary Pumping Station and
Forcemain Environmental Study Report (ESR) be filed with the
Ministry of the Environment for the mandatory thirty (30) days
review period as required by the Environmental Assessment (EA)
Act."
Carried
7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - June 7, 2022.
7.1.a Heritage Permit Application HPA-2022-IV-010 & HPA-2022-IV-011 - 16-20
Queen Street North - Construction of a New 34 -Storey Multi -unit Residential
Building - DSD -2022-231
Carried, as amended, under Delegations
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - June 8, 2022.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That the report of the Finance and Corporate Services Committee, dated
June 8, 2022, listed as items 7.2.a. and 7.2.d. on the agenda this date, be
adopted."
In
7.2.a Interim Nominating Committee Period Extension, COR -2022-212
"That Council approve the creation of an Interim Nominating Committee to
review and select applicants for the 2022 round of membership
appointments to the Equity and Anti -Racism Advisory Committee, as
outlined in Corporate Services Department report COR -2022-212; and
further,
That Council approve the revised Terms of Reference for the Equity &
Anti -Racism Advisory Committee, as outlined in Appendix A of Report
COR -2022-212."
Carried
7.2.b Queen Victoria Statue - Considerations for Next Steps, COR -2022-253
Carried, under Delegations
7.2.c No Conversion Practices Policy Investigation Report Back, COR -2022-210
Carried, under Delegations
7.2.d Vacant Home Tax, FIN -2022-284
"That Financial Services Department report FIN -2022-284, be deferred to
August 8, 2022 Finance and Corporate Services Committee meeting
for consideration."
Carried
7.3 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - June 8,
2022.
Moved by Councillor S. Marsh
Seconded by Councillor D. Schnider
"That the report of the Community and Infrastructure Services Committee,
dated June 8, 2022, listed as items 7.3.a., 7.3.b. and 7.3.d. on the agenda
this date, be adopted."
19
7.3.a Noise Exemption - Bingemans - I Heart Beer Festival, CSD -2022-262
"That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to Bingemans on June 23, 24, 2022 for the I
Heart Beer Festival being held at 425 Bingeman Centre Drive, as outlined
in Community Services Department report CSD -2022-262; and further,
This exemption is subject to the following conditions, which if not complied
with, will render the noise exemption null and void:
1. There shall be no offensive language, in the opinion of City staff,
generated from the music events, audible in any adjacent
residential neighbourhood;
2. The event organizers will ensure that there is an on-site contact
person accessible to correspond with City staff at all times during
the event(s);
3. The event organizers agree to respond accordingly to requests
from City staff, during the event(s), in order to address community
concerns that may arise with regard to the impact of noise heard
within adjacent residential areas."
Carried
7.3.b Growth Related Funding Tools - Cumulative Impact Assessment, DSD -2022-281
"That Development Services Department report DSD -2022-281 regarding
Growth Related Funding Tools — Cumulative Impact Assessment, be
received."
Carried
7.3.c Places and Spaces - Park Strategic Plan and Park Dedication Update, INS -2022-
224
Carried, under Delegations
20
7.3.d Implementation of New Consolidated Linear Infrastructure Environmental
Compliance Approval (CLI -ECA) Regulations for Sanitary and Stormwater
Infrastructure, INS -2022-278
"That Council approve the addition of 2 Full Time Equivalent (FTE) in the
Sanitary and Stormwater Utilities to support the transfer of environmental
approvals from the Ministry to the City as part of the new Consolidated
Linear Infrastructure Environmental Compliance Approval (CLI -ECA)
regulatory change, as outlined in Infrastructure Services Department
report INS -2022-278."
Carried
7.4 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - June 13,
2022.
Moved by Councillor S. Marsh
Seconded by Councillor D. Schnider
"That the report of the Community and Infrastructure Services Committee,
dated June 13, 2022, listed as items 7.4.b. to 7.4.d. on the agenda this
date, be adopted."
7.4.a Class Environmental Assessment (EA) for Upper Hidden Valley Pumping Station
and Forcemain, DSD -2022-258
Carried, under Delegations
7.4.b Biehn Drive Traffic Calming Review - Implementation Approval, DSD -2022-197
"That a speed cushion be installed midblock on Old Huron Drive between
Battler Road and Maxwell Drive, as outlined in Development Services
Department report DSD -2022-197; and,
That a speed cushion be installed midblock on Biehn Drive between
Maxwell Drive and Old Huron Place; and,
That a speed cushion be installed midblock on Biehn Drive between Old
Huron Place and Carlyle Drive; and,
That a speed cushion be installed on Biehn Drive between Marl Meadow
Drive and McLeod Court; and,
That a speed cushion be installed on Biehn Drive between Mitton Place
and Kilkerran Crescent/Robertson Crescent; and,
21
That a speed hump be installed on Maxwell Drive between Calvert Close
and Biehn Drive; and,
That improvements to the pedestrian crossing facilities at the intersection
of Biehn Drive and Black Walnut Drive be implemented; and further,
That the Uniform Traffic By-law be amended accordingly."
Carried
7.4.c Pioneer Tower Road Traffic Calming Review - Implementation Approval, DSD -
2022 -196
"That a segment of sidewalk be constructed on Pioneer Tower Road
connecting Baxter Place to Grove Court, as outlined in Development
Services Department report DSD -2022-196; and,
That a sidewalk widening from 0.9m to 1.8m be implemented on Pioneer
Tower Road between Pioneer Grove Court and Marquette Drive; and,
That a roadway narrowing be installed midblock on Pioneer Tower Road
between Pioneer Grove Court and Marquette Drive; and,
That a speed cushion be installed midblock on Pioneer Tower Road
between Marquette Drive and Maple Manor Court; and,
That a roadway narrowing be installed midblock between Maple Manor
Court and Pioneer Ridge Drive; and,
That pavement marking and signage improvements be implemented at
Pioneer Tower Road and Pioneer Ridge Drive; and further,
That the Uniform Traffic By-law be amended accordingly."
Carried
7.4.d Micromobility By-law and Shared Program Implementation Plan, DSD -2022-254
"That the General Manager of Development Services be authorized to
execute a memorandum of agreement with the Region of Waterloo, and
the cities of Waterloo and Cambridge, subject to the satisfaction of the
City Solicitor, to formalize their respective roles and other agreements or
amendments in relation to the Shared Micromobility Program, as outlined
in Development Services Department report DSD -2022-254; and,
22
That the General Manager of Development Services be authorized to
execute a licence agreement between the selected service provider, the
Region of Waterloo, the City of Kitchener, the City of Waterloo, and the
City of Cambridge; and,
That any Multi -use Trail beyond the municipal rights-of-way excluding
unsurfaced trails such as granular and dirt trails under the ownership
and/or operation of the City of Kitchener be designated to permit the use
of electric kick scooters; and,
That the attached bylaw changes be enacted to support the use of e -
scooters in the City; and further,
That the Traffic and Parking By -Law be amended accordingly."
Carried
7.5 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - June 13, 2022.
Official Plan Amendment OPA20/006/K/AP - Zoning By-law Amendment
ZBA20/015/K/AP - 276 King Street East - 276 King Street East Inc., DSD -2022-
213, was voted on separately and was Carried, due to Councillor P. Singh's
previously declared conflict.
Moved by Councillor D. Chapman
Seconded by Councillor P. Singh
"That the report of the Planning and Strategic Initiatives Committee, dated
June 13, 2022, listed as items 7.5.a and 7.5.b on the agenda this date, be
adopted."
7.5.a Zoning By-law Amendment ZBA22/004/B/TS - Modification to Draft Approved
Plan of Subdivision 30T-08206 - 1525 Bleams Road - Mattamy (South Estates)
Limited, DSD -2022-257
"That Zoning By-law Amendment Application ZBA22/004/B/TS for
Mattamy (South Estates) Limited, for the property municipally addressed
as 1525 Bleams Road, be approved in the form shown in the "Proposed
By-law", and "Map No. 1", attached to Development Services Department
report DSD -2022-257 as Appendix "A"; and further,
23
That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act
R.S.O. 1990, Chapter P 13 as amended, and Delegation By-law 2002-64,
hereby modifies the conditions of draft approval for Plan of Subdivision
Application 30T-08206, in the City of Kitchener, for Mattamy (South
Estates) Limited, as attached to Report DSD 2022-257 as Appendix 'B'."
Carried
7.5.b Draft Plan of Condominium (Vacant Land) 30CDM-22203 - 55 Franklin Street
South - 55 Franklin GP Inc., DSD -2022-255
"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-22203 for 55 Franklin Street South in the City of Kitchener,
subject to the conditions shown in Appendix 'A' of Development Services
Department report DSD -2022-255."
Carried
7.5.c Official Plan Amendment OPA20/006/K/AP - Zoning By-law Amendment
ZBA20/015/K/AP - 276 King Street East - 276 King Street East Inc., DSD -2022-
213
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a pecuniary interest with Official Plan Amendment OPA20/006/K/AP - Zoning By-
law Amendment ZBA20/015/K/AP - 276 King Street East - 276 King Street East
Inc., DSD -2022-213 on the Planning and Strategic Initiatives Committee report
listed on the agenda this date as members of his family own property in the
vicinity of the subject project. Accordingly, he did not participate in any discussion
or voting regarding this matter.)
"That Official Plan Amendment Application OPA20/006/K/AP, for 276 King
East Inc., for the property municipally addressed as 276 King Street East,
requesting to add Site Specific Policy Area 5 to Map 4 — Urban Growth
Centre (Downtown) of the Official Plan and to add associated Site Specific
Policy 15.D.2.68 to the Official Plan, to permit a mixed use building with a
maximum floor space ratio of 4.8, and a maximum building height of 28.5
metres or 7 -storeys, be adopted, in the form shown in the Official Plan
Amendment attached to Development Services Department report DSD -
2022 -213 as Attachment A, and accordingly forwarded to the Regional
Municipality of Waterloo for approval; and,
24
That Zoning By-law Amendment Application ZBA20/015/K/AP for 276 King
East Inc. be approved in the form shown in the "Proposed By-law" and
"Map No. 1" attached to Report DSD -2022-213 as Attachment B; 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 ZBA20/015/K/AP; and further,
That the Urban Design Brief for 276 King Street East, prepared by GSP
Group, dated May 2022, attached to Report DSD -2022-213 as Attachment
C, be endorsed and provide general direction for future site plan
development."
Carried
7.5.d Official Plan Amendment OPA21/011/V/ES - Zoning By-law Amendment
ZBA/21/017/V/ES - 146-162 Victoria Street South and 92-110 Park Street -
Innovation Developments Kitchener Limited, DSD -2022-263
LOST, under Delegations.
8. UNFINISHED BUSINESS
9. NEW BUSINESS
9.1 Waive Notice of Motion
Council was requested to waive notice and consider a Notice of Motion from
Councillor S. March expressing support for the Ontario Big City Mayors Caucus'
(OBCM) who have requested an emergency meeting with the provincial
government to effectively address the serious issues of homelessness,
addictions and mental health affecting our residents.
Moved by Councillor S. Marsh
Seconded by Councillor P. Singh
"That pursuant to Section 7.14 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. Marsh to declare the City's support for
the Ontario Big City Mayors Caucus' (OBCM) who have requested an
emergency meeting with the provincial government to effectively address
the serious issues of homelessness, addictions and mental health
affecting our residents."
Carried
25
9.2 Notice of Motion - Support for Ontario Big City Mayors Caucus (OBCM) -
Homelessness
Moved by Councillor S. Marsh
Seconded by Councillor C. Michaud
"WHEREAS approximately 1,085 residents were identified as
experiencing some form of homelessness in the Region of Waterloo
during the 2021 Point in Time Count; and
WHEREAS the Waterloo Region Drug Strategy's Monitoring Report
reported 1,529 overdose related calls in 2021 and 626 overdose related
calls already this year (June 2022); and
WHEREAS Here 24/7 Waterloo -Wellington's Addictions, Mental Health &
Crisis Services provider through CMHA reported 17,957 requests for
service in 2020, and an increase to 18,182 service requests in 2021 with
1,213 requests for service in January 2022 alone and approximately 3,874
individuals awaiting mental health services;
THEREFORE BE IT RESOLVED that Kitchener City Council fully supports
the Ontario Big City Mayors Caucus' (OBCM) call for an emergency
meeting with the provincial government to immediately address our shared
goals to accelerate solutions for the root causes and impacts on residents,
businesses and municipalities of homelessness, addictions, and mental
health issues in our communities; and
THEREFORE BE IT RESOLVED that Kitchener City Council joins
OBCM's call for the provincial government to include a wide variety of key
stakeholders in discussions about next steps to urgently address these
challenges, including the Canadian Mental Health Association, AMO,
MARCO, the Ontario Chiefs of Police Association and the Ontario
Business Improvement Area Association; and
THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener
continue to work closely and urgently with all area municipalities, the
Region of Waterloo and relevant social support providers, to take
coordinated and elevated actions to effectively address the serious issues
of homelessness, addictions and mental health affecting our residents;
and
THEREFORE BE IT FINALLY RESOLVED that this resolution be
circulated to the Premier of Ontario, the Ontario Minister of Community
and Social Services, the Ontario Solicitor General, the Ontario Associate
Minister for Mental Health, all local Members of Provincial Parliament, all
local federal Members of Parliament and all Waterloo Region area
municipalities."
Carried
9.3 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC
9.4 Notice of Motion - B. loannidis - Free Public Transportation on Election Day
Carried, under Delegations
10. QUESTIONS AND ANSWERS
• It was requested and staff agreed to provide additional information to Council
related to a development approval process for a high-rise project under
construction on Charles Street.
11. BY-LAWS
11.1 1ST AND 2ND READING
At the request of A. Fusco, Director, Legislated Services/City Clerk, Council
agreed to three additional By-laws related to matters listed on the Planning and
Strategic Initiatives Committee report including - Zoning By-law amendment -
1525 Bleams Road; Zoning By-law and Official Plan amendment - 276 King
Street East; and, Zoning By-law.
Moved by Councillor D. Schnider
Seconded by Councillor C. Michaud
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
11.1.a 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.bTo 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.c To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
27
11.1.d Being a By-law to designate the
Queen Street North in the City
cultural heritage value or interest.
property municipally known as 16-20
of Kitchener as being of historic and
11.1.e To confirm all actions and proceedings of the Council for June 20, 2022.
11.1.f Being a by-law to adopt Amendment No.16 to the Official Plan - 276 King
Street East.
11.1.g Being a by-law to amend both By-law 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — 276 King East Inc. — 276 King
Street East).
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 — Mattamy (South Estates) Limited — 1525
Bleams Road).
Carried
12. COMMITTEE OF THE WHOLE
On motion, Council resolved itself into the Committee of the Whole to consider its
agenda and was Chaired by Councillor J. Gazzola.
12.1 TENDERS
12.1.a Q2022-041 Doon Valley Golf Course Renovations, FIN -2022-307
it was resolved:
"That Quotation Q22-041 Doon Valley Golf Course Renovations, be
awarded to North Gate Farms Ltd. Campbellville, Ontario, at their adjusted
quoted price of $442,428.00, plus H.S.T. of $57,515.64, for a total of
$499,943.64, provided a satisfactory contract is executed."
Carried
12.1.b T22-033 Uniroyal Goodrich Park and Fenwick Park Improvements, FIN -2022-287
it was resolved:
"That Tender T22-033 Uniroyal -Goodrich Park and Fenwick Green
Improvements, be awarded to Quality Property Services. Toronto, Ontario,
at their quoted price of $219,553.74., plus H.S.T. of $23,146.45, for a total
of $232,700.19, provided a satisfactory contract is executed."
Carried
12.2 ADMINISTRATIVE REPORTS
12.2.a Brownfield Financial Incentive Program Application - 152 Shanley Street, DSD -
2022 -106
The Committee considered Development Services Department report DSD -2022-
106, dated February 23, 2022 authorizing the Mayor and Clerk to execute an
agreement with the Region of Waterloo and 2701098 Ontario Inc. for 152
Shanley Street related to Brownfield remediation and tax incremental grant.
it was resolved:
"That the Brownfield Financial Incentive Program Application for 152
Shanley Street, received from 2701098 Ontario Inc. (Shannondale
Developments) dated January 27, 2021, be approved subject to the
Region of Waterloo's approval; and,
That in exchange for a completed and filed Record of Site Condition for
the subject property, the owner will be provided a tax incremental grant on
the redevelopment of the property in the form of a rebate issued on a
proportionate basis, annually for a period not to exceed 10 years, on City
taxes in an amount equal to 100% of the City Tax Increment; and,
That the City Tax Increment be defined as the difference between the City
portion of real property taxes for the 2021 taxation year and the new City
portion of real property taxes levied as a result of a new assessment by
the Municipal Property Assessment Corporation (MPAC) following
completion of the project as compensation for the remediation of the
above subject lands; and,
That the City property tax grant is estimated to be $781,670 based on
today's estimated City tax increment; payable in equal portions over a 10 -
year period following re -assessment by MPAC, but subject to adjustment
at the time the City Tax Increment is actually calculated following
completion of the project and the property is re -assessed by MPAC; and,
That the Region of Waterloo Brownfield Coordinator be circulated a copy
of any decision made by Kitchener City Council regarding this Application;
and further,
29
That the Mayor and Clerk be authorized to execute an Agreement, subject
to the satisfaction of the City Solicitor, with the Region of Waterloo and
2701098 Ontario Inc., to implement the provisions of the Brownfield
Financial Incentive Program Application for 152 Shanley Street, as
outlined in Development Services Department report DSD -2022-106."
Carried
12.2.b 2022 Formal Traffic Calming Review - Initiation Approval, DSD -2022-251
The Committee considered Development Services Department report DSD -2022-
251, dated May 11, 2022 regarding initiation approval of a traffic calming review
for Manchester Road between River Road East and Nottingham Avenue.
it was resolved:
"That a traffic calming review for Manchester Road between River Road
East and Nottingham Avenue be initiated in 2022, as outlined in
Development Services Department report DSD -2022-251."
Carried
12.2.c Private Street Naming - 99, 107 & 109 North Hill Place and 29 Chicopee Terrace
- 99 North Hill Place LP, DSD -2022-226
The Committee considered Development Services Department report DSD -2022-
226 dated April 21, 2022, regarding the naming of private streets within the
residential development located at 99, 107 & 109 North Hill Place and 29
Chicopee Terrace.
it was resolved:
"That the City of Kitchener acknowledge that 99 North Hill Place LP
intends to name a private street 'North Ridge Terrace' for a residential
development located at 99, 107 & 109 North Hill Place and 29 Chicopee
Terrace, as outlined in Development Services Department report DSD -
2022 -226; and,
That the City's Legal Services division be directed to proceed with the
required advertising, preparation, and registration of the necessary By-law
for the naming of 'North Ridge Terrace'."
Carried
30
12.2.d Natural Gas Rates - 2022, INS -2022-282
G. St. Louis, Director, Utilities, presented the report and responded to questions
from Council. In response to questions, G. St. Louis advised the proposed rate
increase would equate to $40.18 for the balance of the year.
Mayor B. Vrbanovic assumed the Chair at this time.
Councillor J. Gazzola brought forward a motion to defer the proposed Natural
Gas rate change outlined report INS -2022-282 to December 1, 2022, which was
seconded by Councillor D. Chapman.
Councillor Gazzola's deferral was than voted on and LOST on a recorded vote,
with Councillor J. Gazzola voting in favour; and, Mayor B. Vrbanovic and
Councillors S. Davey, D. Schnider, C. Michaud, K. Gal loway-Sealock, P. Singh,
B. loannidis, M. Johnston, D. Chapman and S. Marsh noting in opposition.
In response to questions, J. Lautenbach, Chief Financial Officer, advised if the
proposed rates were deferred to December 1, 2022, the Gas Utility reserve
would then go into the negative, which would then need to be compensated with
a higher rate increase in 2023.
The following motion was then voted on, on a recorded vote.
Moved by Councillor P. Singh
it was resolved:
"That the supply rate of natural gas be increased to 21.45 cents per cubic
meter from 16 cents per cubic meter for system gas customers of
Kitchener Utilities effective August 1St, 2022; and,
That the supply rate of natural gas be reviewed quarterly against market
conditions and necessary changes to be brought forward for Council
approval."
In Favour (10): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor C. Michaud,
Councillor K. Galloway-Sealock, Councillor P. Singh,
Councillor B. loannidis, Councillor M. Johnston,
Councillor D. Chapman, and Councillor S. Marsh
Contra (1): Councillor J. Gazzola
Carried, on a recorded vote (10 to 1)
31
12.2.e Labour Relations Matter - Union Negotiations
Council considered this matter arising from an electronic in -camera meeting held
earlier this date. V. Raab was in attendance to respond to questions from
Council.
it was resolved:
"That the terms and conditions contained in the Memorandum of
Settlement dated June 8, 2022, to establish the 2022-2025 Collective
Agreement with CUPE Local 68 Civics be approved; and,
That the terms and conditions contained in the Memorandum of
Settlement dated June 8, 2022, to establish the 2022-2025 Collective
Agreement with CUPE 68 Mechanics be approved; and further,
That the Mayor and the Clerk be authorized to execute documentation
arising there from."
Carried
V. Raab advised the approved four-year deal between the City and the Canadian
Union of Public Employees (Local 68 Civics and CUPE 68 Mechanics) is
proposed to run from January 1, 2022, to December 31, 2025, and includes
wage adjustments as follows:
Effective January 1, 2022 — 2.25%
Effective January 1, 2023 — 2.25%
Effective January 1, 2024 — 2.25%
Effective January 1, 2025 — 1.00%
Effective July 1, 2025 — 1.25%
12.3 FOR INFORMATION
12.3.a Disconnecting from Work Policy, COR -2022-319
12.3.b Grant Update 2020 & 2021, FIN -2022-312
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
Moved by Councillor J. Gazzola
Seconded by Councillor D. Chapman
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"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. BY-LAWS
14.1 3RD READING
Moved by Councillor D. Chapman
Seconded by Councillor D. Schnider
"That the by-laws be given third reading, namely:
14.1.a 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. 2022-074)
14.1.b 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. 2022-075)
14.1.c To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
14.1.d Being a By-law to designate the
Queen Street North in the City
cultural heritage value or interest.
(By Law No. 2022-076)
property municipally known as 16-20
of Kitchener as being of historic and
(By Law No. 2022-077)
14.1.e To confirm all actions and proceedings of the Council for June 20, 2022.
(By Law No. 2022-078)
14.1.f Being a by-law to adopt Amendment No.16 to the Official Plan - 276 King
Street East.
(By Law No. 2022-079)
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14.1.g Being a by-law to amend both By-law 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — 276 King East Inc. — 276 King
Street East).
(By Law No. 2022-080)
14.1.h Being a by-law to amend By-law 85-1, as amended, known as the Zoning
By-law for the City of Kitchener — Mattamy (South Estates) Limited — 1525
Bleams Road).
15. ADJOURNMENT
On motion, the meeting adjourned at 12:47 a.m.
Clerk
(By Law No. 2022-081)
Carried