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Council Meeting Minutes
January 24, 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
N. Lobley, Director, Parks and Cemeteries
B. Rowland, Director, Corporate Communications and Marketing
E. Moorlag Silk, Senior Researcher Equity AR&II
D. Saunderson, Deputy Clerk
S. Goldrup, Committee Administrator
1. COMMENCEMENT
The electronic meeting began with a Land Acknowledgement given by the Mayor
and the singing of "O Canada."
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2. MINUTES FOR APPROVAL
On motion by Councillor B. loannidis the minutes of the regular meeting held
December 13, 2021, and special meetings held December 6 and 13, 2021 and
January 10, 2022, as provided to the Mayor and Councillors, were accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 None
4. COMMUNICATIONS REFERRED TO FILE
4.1 Fire Safety Measures
4.2 Conversion Therapy
4.3 Flag Request under Policy MUN-FAC-442
4.3.a Waterloo Wellington Down Syndrome Society - March 20, 2022 - March 27, 2022
5. PRESENTATIONS - NIL
6. DELEGATIONS
6.1 Corporate Services Department report COR -2022-007, listed as item 7.2.c
under the Finance and Corporate Services Committee report dated January
10, 2022.
Council considered Corporate Services Department report COR -2022-007, listed
as item 7.2.c. under the Finance and Corporate Services Committee report
related to the strategy for renaming Indian Road. E. Moorlag Silk, Project
Manager, was in attendance to respond to questions from Council.
6.1.a James Etienne and Richard Christy
J. Etienne and R. Christy addressed Council in opposition to the
recommendation outlined in COR -2022-007 related to the review process that
could result in the renaming of Indian Road.
Councillor K. Galloway-Sealock moved the recommendation outlined in Item
7.2.c of Finance and Corporate Services Committee report, dated January 7,
2022.
Councillor D. Chapman brought forward an amendment, which was seconded by
Councillor S. Davey to revise the recommendation to substitute "for the review for
renaming Indian Road." to "for the review of the name Indian Road".
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Councillor Chapman amended was then voted and was LOST on a recorded
vote with Councillors S. Davey, J. Gazzola and D. Chapman voting in favour;
and, Mayor B. Vrbanovic and Councillors D. Schnider, C. Michaud, K, Galloway-
Sealock, P. Singh, M. Johnston voting in opposition.
The following motion was then voted on, on a recorded vote.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That Council approve the strategy outlined in Corporate Services
Department report COR -2022-007 for the review for renaming Indian
Road."
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)
6.2 Part Lot Control - Hesh Crescent, Listed as agenda item 11.c.
Council considered a by-law to exempt certain lots from Part Lot Control - Blocks
4 and 6 and Part Block 5, Registered Plan 58M-424 - Hesh Crescent, listed as
item 11.c. on the agenda this date.
6.2.a Jennifer Gaudet, GSP Group, delegation
Jennifer Gaudet, GSP Group, was in attendance to respond to questions to
Council related to Part Lot Control By-law related to Blocks 4 and 6 and Part
Block 5, Registered Plan 58M-424, Hesh Crescent."
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That leave be given the Mover and Seconder to introduce the following
by-law, namely:
Being a by-law to exempt certain lots from Part Lot Control — Blocks
4 and 6 and Part Block 5, Registered Plan 58M-424 — Hesh
Crescent."
Carried
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7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - JANUARY 4, 2022
Moved by Councillor J. Gazzola
Seconded by Councillor D. Chapman
"That the report of Heritage Kitchener, dated January 4, 2022, listed as
item 7.1.a on the agenda this date, be adopted."
7.1.a DSD -2022-011 - Heritage Permit Application HPA-2022-V-001 - 178 Queen
Street South - Proposed Demolition
"That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit
Application HPA-2022-V-001 be approved, as outlined in Development
Services Department Report DSD -2022-011, to permit the demolition of
the existing detached building located at 178 Queen Street South, subject
to the following conditions:
1. That preliminary plans and a timeline for redevelopment be
provided to the satisfaction of Heritage Planning staff prior to the
issuance of a demolition permit."
Carried
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - JANUARY 10, 2022
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor S. Davey
"That the report of the Finance and Corporate Services Committee, dated
January 10, 2022, listed as items 7.2.a to 7.2.c on the agenda this date,
be adopted."
7.2.a Brownfield Financial Incentive Program Application - 60 Charles Street West -
DSD -2022-006
"That the Brownfield Remediation Program Application for 60 Charles
Street West, received from 24 Gaukel GP Inc. dated February 13, 2019 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,
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That the City Tax Increment be defined as the difference between the City
portion of real property taxes for the 2019 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 Tax Increment Grant is estimated to be $2,202,061, based
on today's estimated City tax increment; payable in equal portions over a
7 -year period with a lesser amount paid in the 8t" year following re-
assessment by MPAC, but subject to adjustment at the time the City Tax
Increment is 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,
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 24
Gaukel GP Inc., to implement the provisions of the Brownfield Financial
Incentive Program Application for 60 Charles Street West, as outlined in
Development Services Department report DSD -2022-006."
Carried
7.2.b 2021/22 School Safety Review - DSD -2022-005
"That a School Bus Loading Zone be installed on Montcalm Drive on the
West (odd -numbered) side from a point 87m south of Old York Crescent
to a point approximately 100m south thereof, as outlined in Development
Services Department report DSD -2022-005; and,
That an Adult Crossing Guard be installed along Gage Avenue at Belmont
Avenue; and,
That an Adult Crossing Guard be installed along Seabrook Drive at Park
Glen Street; and,
That the Adult Crossing Guard be removed along Ottawa Street at
Wilderness Drive; and further,
That the Uniform Traffic By-law be amended accordingly."
Carried
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7.2.c Strategy to Review the Renaming of Indian Road - COR -2022-007
Carried, under Delegations
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JANUARY 10, 2022
Council was in receipt of a written submission from J.A. Chapman related item
7.3.d of the Planning and Strategic Initiatives Committee report, dated January 7,
2022, related to the Tree Canopy Target for Kitchener.
Moved by Councillor D. Chapman
Seconded by Councillor P. Singh
"That the report of the Planning and Strategic Initiatives Committee, dated
January 10, 2022, listed as items 7.3.a to 7.3.e on the agenda this date,
be adopted."
7.3.a Demolition Control Application DC21/038/W/TS - 82 Wilson Avenue, The
Regional Municipality of Waterloo, DSD -2022-020
"That Demolition Control Application DC21/038/W/TS requesting
permission to demolish a multiple dwelling with 16 dwelling units located
at 82 Wilson Avenue be approved as outlined in Development Services
Department report DSD -2022-020."
Carried
7.3.b Zoning By-law Amendment ZBA/21/016/F/CD 1940 Fischer Hallman Road, Draft
Plan of Subdivision 30T-07205, Blocks 183-191 Schlegel Urban Developments
Corp. - DSD -2022-003
"That Zoning By-law Amendment Application ZBA21/016/H/CD for
Schlegel Urban Developments Corp., for the property municipally
addressed as 1940 Fischer Hallman Road, be approved in the form shown
in the "Proposed By-law", and "Map No. 1", attached to Development
Services Department report DSD -2022-003 as Appendix "A"; and further,
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 ZBA/21/016/F/CD."
Carried
n.
7.3.c Zoning By-law Amendment ZBA21/011/H/ES - 1673 Huron Road Huron Road
Apartments Kitchener 2021 Ltd - DSD -2022-004
"That Zoning By-law Amendment application ZBA21/011/H/ES for Huron
Road Apartments Kitchener 2021 Ltd, for the property municipally
addressed as 1673 Huron Road, be approved in the form shown in the
"Proposed By-law" and "Map No. 1" attached to Development Services
Department report DSD -2022-004 as Attachment "A"; and further,
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 ZBA21/011/H/ES."
Carried
7.3.d Tree Canopy Target for Kitchener, INS -2022-002
"That a tree canopy target of 30% per cent by 2050 be established for
each of the 10 Wards in the City of Kitchener together with an overall City-
wide canopy target of 33% per cent by 2070, as outlined in Infrastructure
Services Department report INS -2022-002, and,
That staff be directed to develop ward (and where appropriate,
neighborhoods), specific action plans that focus on planting, maintaining
and protecting trees in consideration of local pressures on canopy and,
That these action plans inform future budget requests beginning in 2022
for the 2023 financial year; and,
That staff be directed to initiate a review of existing tree conservation
processes in the City, including:
o A review of the existing bylaws and processes, including the
Kitchener Tree Conservation Bylaw
o Review of requirements for tree planting contained within the
Development Manual
o Reviewing the Tree Management Policy and any relevant policies
as required
o Undertake a jurisdictional scan of other municipal tree conservation
processes, policies and bylaws
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With an intention to extend and strengthen tree conservation measures,
and report back to Council with preliminary findings by the end of 2022,
and further,
That staff report back in 2025 and on five -yearly intervals thereafter, with
an update on Kitchener's Urban Forest Canopy, which will include a
review on whether the tree canopy target can be increased to 33% per
cent by 2050 be established for each of the 10 Wards in the City of
Kitchener together with an overall City-wide canopy target of 38% per cent
by 2070."
Carried
7.3.e Downtown Kitchener Vision Project Plan - DSD -2022-014
"That the Downtown Kitchener Vision project plan, as outlined in
Development Services Department report DSD -2022-014, be endorsed."
Carried
8. UNFINISHED BUSINESS - NIL
9. NEW BUSINESS
9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC
Mayor B. Vrbanovic provided a Regional update on the global pandemic.
10. QUESTIONS AND ANSWERS
11. BY-LAWS
11.1 1ST AND 2ND READING
At the request of D. Saunderson, Manager of Council Committee Services /
Deputy Clerk, Council agreed to add two By-laws related to Planning and
Strategic Services report Items 7.3.b. 7.3.c. on the agenda this date related to -
Zoning by-law amendment - 1940 Fischer Hallman Road and Zoning by-law
amendment - 1673 Huron Road.
Moved by Councillor K. Galloway-Sealock
Seconded by Councillor C. Michaud
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
n.
11.1.a 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.b Being a by-law to amend Chapter 710 of The City of Kitchener Municipal
Code with respect to Building Permits and Fees.
11.1.c Being a by-law to exempt certain lots from Part Lot Control — Blocks 4 and
6 and Part Block 5, Registered Plan 58M-424 — Hesh Crescent.
11.1.d Being a by-law to amend Chapter 101 of The City of Kitchener Municipal
Code with respect to Appointment of Staff.
11.1.e 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.f 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.g To further amend by-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
11.1.h To confirm all actions and proceedings of the Council.
11.1.1 Being a by-law to amend By-law 85-1, as amended, known as the Zoning
By-law for the City of Kitchener — Huron Road Apartments Kitchener 2021
Ltd. — 1673 Huron Road.
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 —Schlegel Urban Developments Corp. —
1940 Fischer Hallman Road, Draft Plan of Subdivision 30T-07205 - Blocks
183-191.
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 B. loannidis.
12.1 NOTICE OF MOTION
12.1.a Notice of Motion - B. Vrbanovic - Bill 21
Mayor B. Vrbanovic gave notice that he would introduce a motion this date,
related to Bill 21.
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Moved by Mayor B. Vrbanovic
it was resolved:
"WHEREAS the City of Kitchener is troubled by the removal of a Grade 3
elementary school teacher from her classroom in Chelsea, Quebec
recently for wearing a hijab to work; and,
WHEREAS the City of Kitchener denounces Quebec's Bill 21 as
discriminatory, offensive and feel it runs contrary to who we are as
Canadians and residents of Kitchener. The City of Kitchener embraces
and celebrates its diversity and believes in the civil rights and religious
freedoms guaranteed to everyone in Canada's Charter of Rights and
Freedoms; and,
WHEREAS Ontario's Big City Mayors (OBCM), of which Kitchener is a
member, voted unanimously in opposition to Quebec's Bill 21. Further,
OBCM calls on all Members of Canada's Parliament to support the
challenge of Bill 21 at the Supreme Court; and,
WHEREAS the City of Kitchener passed a Resolution on August 26, 2019
to denounce the Province of Quebec's Bill 21 (An Act Respecting the
Laicity of the State) which prohibits public servants from wearing religious
symbols including turbans, hijabs, yarmulkes, crosses and many others;
and,
WHEREAS the Council of the City of Kitchener has undertaken actions to
address systemic racism and discrimination against ethnic groups,
Indigenous Peoples, and Black communities; and,
WHEREAS Cities are closest to the people and those elected to represent
them play an important role in advocating on their behalf to ensure their
rights and freedoms guaranteed under the Constitution are protected,
THEREFORE BE IT RESOLVED THAT The City of Kitchener Council
endorse the current legal challenge against the Province of Quebec's Bill
21 - An Act respecting the laicity of the State, an effort that is being led by
the National Council of Canadian Muslims (NCCM), the World Sikh
Organization of Canada (WSO) and the Canadian Civil Liberties
Association (CCLA),
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THEREFORE BE IT FURTHER RESOLVED THAT The Mayor write a
letter on behalf of the Mayor and Council of the City of Kitchener to the
Prime Minister of Canada and all federal parties urging their support to
intervene in the legal challenge at the Quebec Court of Appeal. If the case
moves to the Supreme Court and if an improper decision is made, it would
impede upon the advancements we have made on diversity, equity and
inclusion for all Canadians,
THEREFORE BE IT FINALLY RESOLVED THAT The City of Kitchener
continue to invest in supporting local diversity and inclusion initiatives
including promoting the existing City of Kitchener's Racialized and
Indigenous Support for Equity (RISE) grant which will provide funding to
Black, Indigenous and racialized community members to support
initiatives that decrease inequities and increase opportunities for
enhanced well-being in 2022."
Carried, unanimously
12.2 TENDERS
12.2.a T21-117 Highland Road West (Glasgow Street to Ira Needles Boulevard) SS
Construction - FIN -2022-059
it was resolved:
"That Tender T21-117 Highland Road West (Glasgow Street to Ira
Needles Boulevard) Sanitary Sewer Construction, be awarded to Steed
and Evans Limited, St. Jacobs, Ontario, at their tendered price of
$1,192,433.70, including provisional items and contingencies of
$259,470.00, plus H.S.T. of $155,016.38, for a total of $1,347,450.08."
Carried
12.2.b Non -Standard Procurement - Domestic Natural Gas Meters - FIN -2022-061
J. Lautenbach, Chief Financial Officer and D. McGoldrick, General Manager,
Infrastructure Services, were in attendance and responded to questions from
Council.
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it was resolved:
"That Elster Canadian Meter Company Inc, Burlington, Ontario, be the
sole source provider for Domestic Natural Gas Meters (series 250 meters)
at their quoted price of $641,950.00, plus H.S.T. of $83,453.00, for a total
of $725,403.50, for a one (1) year term."
Carried
12.3 ADMINISTRATIVE REPORTS
12.3.a Board Appointments for Kitchener Housing Inc. and Kitchener Non -Profit
Management Inc.
it was resolved:
"That Ted Bleaney be appointed to the Board of Directors of Kitchener
Housing Inc. and Kitchener Non -Profit Property Management Inc. as a
Community Director effective December 1, 2021, for a stated limit of an
additional year, which will end November 14, 2022; and further,
That the following be appointed to the Board of Directors of Kitchener
Housing Inc. and Kitchener Non -Profit Property Management Inc. as
Community Directors for a 4 -year term effective January 1, 2022:
o Karyn Kipper,
o Sean Tait,
o Duncan McLean,
o Jordan MacLaughlin."
Carried
12.3.b Citizen Appointment to the Equity and Anti -Racism Advisory Committee, COR -
2022 -029
it was resolved:
"That Ayesha Munir be approved as a member of the Equity and Anti -
Racism Advisory Committee, as per the recommendation made by the
interim nominating committee responsible for the appointment of citizen
candidates."
Carried
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12.4 FOR INFORMATION ONLY
12.4.a Summary of Bid Solicitations Approved by the Manager of Procurement (October
1, 2021 — December 31, 2021)
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
Moved by Councillor B. loannidis
Seconded by Councillor M. Johnston
"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 M. Johnston
Seconded by Councillor C. Michaud
"That the by-laws be given third reading, namely:
14.1.a 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. 2022-004)
14.1.b Being a by-law to amend Chapter 710 of The City of Kitchener Municipal
Code with respect to Building Permits and Fees.
(By Law No. 2022-005)
14.1.c Being a by-law to exempt certain lots from Part Lot Control — Blocks 4 and
6 and Part Block 5, Registered Plan 58M-424 — Hesh Crescent.
(By Law No. 2022-006)
14.1.d Being a by-law to amend Chapter 101 of The City of Kitchener Municipal
Code with respect to Appointment of Staff.
(By Law No. 2022-007)
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14.1.e 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. 2022-008)
14.11 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. 2022-009)
14.1.g 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. 2022-010)
14.1.11 To confirm all actions and proceedings of the Council.
(By Law No. 2022-011)
14.1.1 Being a by-law to amend By-law 85-1, as amended, known as the Zoning
By-law for the City of Kitchener — Huron Road Apartments Kitchener 2021
Ltd. — 1673 Huron Road.
(By Law No. 2022-012)
14.1.j Being a by-law to amend By-law 85-1, as amended known as the Zoning
By-law for the City of Kitchener —Schlegel Urban Developments Corp. —
1940 Fischer Hallman Road, Draft Plan of Subdivision 30T-07205 - Blocks
183-191.
(By Law No. 2022-013)
be taken as read a third time, be finally passed and numbered serially by Clerk."
15. ADJOURNMENT
On motion, the meeting adjourned at 8:38 p.m.
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Carried
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