HomeMy WebLinkAboutCouncil Minutes - 2023-03-20Council Meeting Minutes
March 20, 2023, 6:00 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. Deneault
Councillor C. Michaud
Councillor A. Owodunni
Councillor P. Singh
Councillor B. loannidis
Councillor M. Johnston
Councillor D. Chapman
Councillor A. Clancy
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
K. Hughes, Assistant City Solicitor
L. MacDonald, City Solicitor
B. Rowland, Director, Corporate Communications and Marketing
A. Fusco, Director Legislated Services / City Clerk
G. Stevenson, Interim Director, Planning
N. Goss, Manager, Policy & Research
D. Saunderson, Deputy Clerk
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1. COMMENCEMENT
The meeting began with a Land Acknowledgement given by the Mayor and the
singing of "O Canada."
2. MINUTES FOR APPROVAL
On motion by Councillor Singh the minutes of the regular meeting held February
27, 2023, and special meetings held February 27 and March 6, 2023, as mailed
to the Mayor and Councillors, were accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 Councillor P. Singh - Item 4.4 - Community Centre Redevelopment (Land
Acquisition -Disposition - Section 239 (c))
Councillor P. Singh declared a pecuniary interest with respect to item 4.4 on the
Special Council Agenda earlier this date, due to a family member owning
property within the vicinity and did not participate in any voting or discussion on
the matter.
3.2 Councillor P. Singh - Official Plan Amendment and Zoning By-law
Amendment - 146-162 Victoria Street South and 92-110 Park Street
Councillor P. Singh declared a pecuniary interest with item 6.6 on the agenda
this date respect to Official Plan Amendment and Zoning By-law Amendment -
146-162 Victoria Street South and 92-110 Park Street, due to a family member
owning property within the vicinity of the subject property and did not participate
in any voting or discussion on the matter.
3.3 Councillor C. Michaud - Biehn Drive and Sanitary Trunk Sewer Extension
Class Environmental Assessment (EA) - Environmental Study Report, DSD -
2022 -188, listed as item 8.8.2
Councillor C. Michaud declared a declared a pecuniary interest with respect to
item 8.8.2 on the agenda this date with regards to Biehn Drive and Sanitary
Trunk Sewer Extension Class Environmental Assessment (EA) - Environmental
Study Report, due to a family member owning property within the vicinity of the
subject property and did not participate in any voting or discussion on the matter.
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3.4 Councillor S. Davey - Official Plan Amendment OPA21/009/K/AP and Zoning
By-law Amendment ZBA21/014/K/AP, 4396 King Street East & 25
Sportsworld Drive, Sportsworld Shopping Centre and Taylorwood Park
Homes Inc, DSD -2023-021, listed as item 7.2.b.
Councillor S. Davey declared a conflict with item 6.5. on the agenda this date
with regards to the Official Plan Amendment OPA21/009/K/AP and Zoning By-
law Amendment ZBA21 /014/K/AP, 4396 King Street East & 25 Sportsworld
Drive, Sportsworld Shopping Centre and Taylorwood Park Homes Inc, DSD -
2023 -021, due to the subject property being close to his spouses' place of
employment.
4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request Under Policy MUN-FAC-442
4.1.a Canadian Polish Congress Kitchener District -May 2, 2023 -May 9, 2023
5. PRESENTATIONS
5.1 Certificate of Achievement - 25 Years of Service - Kitchener Rangers
Mayor B. Vrbanovic recognized Councillor D. Schnider of 25 years of service with
the Kitchener Rangers and presented him with a certificate of service.
5.2 Local Snapshot about Agriculture within Waterloo Region
5.2.a Jeff Stager, Waterloo Federation of Agriculture
Jeff Stager, Waterloo Federation of Agriculture, presented the 2016 census data
and Local Snapshot for agriculture highlighting the status of agriculture within the
Region and responded to questions from Council.
5.3 Technology Sector Update within Waterloo Region
5.3.a Chris Albinson, Communitech
Chris Albinson, CEO of Communitech, presented the Communitech Report to
Council highlighting its' community based mission to help founders start, grow
and succeed and its' purpose as an innovation hub, Canada's Tech
Superchanger, built by founders, for founders. The Truth North Strong strategy
and goals were highlighted. Key statistics over the past decade were noted
including 2022 highlights and projects the City has partnered or led with
Communitech including Digital Kitchener Innovation Lab, Future of Cities, Future
of Health and Fierce Founders were noted.
Councillor P. Singh left the meeting and returned at this time.
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Members of Council asked questions regarding partnerships and City support,
focus on green technology, future abilities and barriers to growth and
development, health innovation, animation of the downtown core, the film and
media industry, and received responses from C. Albinson.
Councillor A. Owodunni left the meeting and returned at this time.
Councillor A. Clancy left the meeting at this time.
Councillor J. Deneault left the meeting and returned at this time.
Councillor A. Clancy returned to the meeting at this time.
6. DELEGATIONS
6.1 Dangerous Dog Designation Appeal - Johnson, COR -2023-124, listed as
item 12.1.e.
Councillor J. Deneault left the meeting at this time.
Councillor P. Singh left the meeting at this time.
Council considered Dangerous Dog Designation Appeal - Johnson, outlined in
Corporate Services Department report COR -2023-124, listed as item 12.1.e. on
the agenda this date.
Councillor J. Deneault returned to the meeting at this time.
Daniel Ferrari, delegated in opposition to the recommendation alleging that the
wrong dog has been accused and designated by the Humane Society of
Kitchener -Waterloo and Stratford Perth and the Dog Designation Appeal
Committee. D. Ferrari requested that the order be amended to designate the
male dog of the property owner as dangerous.
David Johnson, delegated that the Dog Designation Appeal Committee imposed
an additional condition in the designation requiring the dog to be sterilized within
30 days of the Committee's decision being confirmed by Council. D. Johnson
noted the Veterinarian has advised since the dog has gone into heat they would
need to wait two months to complete that requirement and requested an
extension to 60 days. In response to questions from Council D. Johnson
confirmed he could provide documentation from the veterinarian to advise of the
earliest date of sterilization possible.
Councillor P. Singh returned to the meeting at this time.
A motion was brought forward by Councillor C. Michaud, which was seconded by
Councillor J. Deneault, that the recommendation to affirm the Dangerous Dog
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Designation applied to the dog `Misty' by the Humane Society of Kitchener -
Waterloo and Stratford Perth be approved, with an amendment to the condition
requiring the owner to have the designated dog sterilized within 30 days of this
designation becoming that the dog be sterilized within 30 days of the designation,
or pending confirmation from the veterinarian regarding the earliest opportunity to
sterilize the dog due to its current heat cycle.
Moved by Councillor C. Michaud
Seconded by Councillor J. Deneault
"That the decision of the Dog Designation Appeal Committee regarding an
appeal filed by D. Johnson, wherein the Committee affirms the Dangerous
Dog Designation applied to the dog `Misty' by the Humane Society of
Kitchener -Waterloo and Stratford Perth, be ratified and confirmed with
modified conditions and as further amended at the Council meeting March
20, 2023, as outlined in Corporate Services Department report COR -
2023 -124."
Carried, as amended
6.2 Official Plan Amendment OPA22/10/C/BB and Zoning By-law Amendment
ZBA22/17/C/BB, 45-53 Courtland Avenue East, Cantiro Courtland GP, DSD -
2023 -065, listed as item 7.2.a.
Council considered Official Plan Amendment OPA22/10/C/BB and Zoning By-law
Amendment ZBA22/17/C/BB, 45-53 Courtland Avenue East, Cantiro Courtland
GP, outlined in Development Services Department report DSD -2023-065, listed
as item 7.2.a.
Andrea Sinclair, MHBC Planning, on behalf of their client Cantiro delegated to
Council in support of the development application.
Stewart Fraser, Cantiro, delegated in support of the development application.
Moved by Councillor P. Singh
Seconded by Councillor D. Chapman
"That Official Plan Amendment Application OPA22/10/C/BB for Cantiro
Courtland GP requesting a change to the Land Use Designation on the
parcel of land specified and illustrated on Schedule `A', be adopted, in the
form shown in the Official Plan Amendment attached to Development
Services Department report DSD -2023-065 as Appendix `A' and 'Al', as
amended, and accordingly forwarded to the Region of Waterloo for
approval; and,
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That Zoning By-law Amendment Application ZBA22/17/C/BB for Cantiro
Courtland GP, for the property municipally addressed as 45-53 Courtland
Avenue East, be approved in the form shown in the "Proposed By-law"
and "Map No. 1" attached to Report DSD -2023-065 as Appendix `B' and
`131' and as amended; and further,
That pursuant to Section 34(17) and of the Planning Act, R.S.O. 1990,
c.P.13, as amended, and further notice if not required to be given in
respect to Zoning By-law Amendment ZBA22/17/C/BB."
Carried
6.3 Official Plan Amendment OP17/003/F/GS, Zoning By-law Amendment
ZC17/010/F/GS, 507 Frederick Street, 40, 44, & 48 Becker Street, Henry
Walser Funeral Home Ltd., DSD -2022-478 AND Follow-up Reports DSD -
2023 -062 & DSD -2023-085, listed as item 8.8.1
Council considered Official Plan Amendment OP17/003/F/GS, Zoning By-law
Amendment ZC17/010/F/GS, 507 Frederick Street, 40, 44, & 48 Becker Street,
Henry Walser Funeral Home Ltd., Development Services Department report
DSD -2022-478 and Follow-up Reports DSD -2023-062 & DSD -2023-085, listed
as item 8.8.1. In addition, Council was in receipt of a written submission from
Cameron Walker and Meg Ruttan, which was circulated to Council in advance of
the meeting.
Kristen Barisdale, GSP Group, on behalf of their client, Henry Walser delegated
in support of the development application, citing questions raised by the previous
discussions at the Planning and Strategic Initiatives Committee including
changing plans for the expansion, uses of the gravel, triangular parking lot,
reducing parking amounts, using street parking, and removal of the property at
48 Becker Street property, relocation of existing tenants, and provided responses
to the questions. In response to questions from Council, K. Barisdale advised
that the tenants of 44 and 46 Becker Street have been offered relocation at
another property owned by the property owner, addressed proposed rental rates
in the new units and efforts taken to consider expansion at a different location.
Henry Walser, delegated in support of the development application, outlining
financial constraints with relocating existing tenants to new properties, and
benefits that he has provided to tenants over the past several years. H. Walser
addressed units available 127 Ann Street and 48 Becker Street and offers to
existing tenants to re -locate to those properties and offers made to pay relocation
costs. In response to questions from Council, H. Walser addressed the impact of
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denial of the application, the need to expand to address the increased growth in
business, explained the proposed crematorium centre to reduce the need for
deceased members to leave the site, the need for additional gathering spaces,
willingness to mediate with existing tenants and the proposed rental rents for
relocation units.
Louisette Lanteigne, delegated in opposition of the development application on
behalf of the residents at 44 Becker Street, citing concerns with traffic, air
emissions and impacts on the low income neighbourhood. The impact on the
residents of the existing property were highlighted.
Beisen Zubi, delegated in opposition of the development application noting their
experiences with renovictions and displacement in waterloo region and
provisions in the Landlord Tenant Act. B. Zubi requested Council adhere to its
Housing for All and TransformWR policies to maintain the affordable housing,
reduce parking and focus on low carbon alternatives.
A motion was brought forward by Councillor P. Singh, which was seconded by
Councillor B. loannidis to approve Option 2, which excludes the property
municipally addressed as 48 Becker Street, recommending approval of Official
Plan Amendment Application OP17/003/F/GS and Zoning By-law Amendment
Application ZC17/010/F/GS, as outlined in Development Services Department
report DSD -2023-085.
Moved by Councillor P. Singh
Seconded by Councillor B. loannidis
"That Official Plan Amendment Application OP17/003/F/GS for Henry
Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser
and 2544770 Ontario Inc. requesting a Commercial land use designation
and Specific Policy Area 58 to permit a crematorium/cremator as an
accessory use to a funeral home, on the lands specified and illustrated on
Schedule `A' and on Schedule `B', be adopted, in the form shown in the
Official Plan Amendment attached to Report DSD -2023-085 as Appendix
`B', and accordingly forwarded to the Region of Waterloo for approval; and
That Zoning By-law Amendment Application ZC17/010/F/GS requesting to
amend Zoning By-law 2019-051, for Henry Walser Funeral Home Ltd,
Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be
approved in the form shown in the "Proposed By-law", and "Map No. 1",
attached to Report DSD -2023-085 as Appendix `B'; and
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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 ZC17/010/F/GS, and
That Council give approval under Section 83(3) of the Funeral, Burial and
Cremation Services Act, to establish a Crematorium proposed at 507
Frederick Street; and further,
That under Section 84(4) of the Funeral, Burial and Cremation Services
Act, staff be directed to send a copy of the Council decision to the
Provincial registrar and the owner, and that staff also be directed to
publish notice of the decision in The Record newspaper."
Carried, as amended
6.4 Recess and Reconvene
Council recessed at 8:40 p.m. and reconvened at 8:50 p.m., with all members
present, Chaired by Mayor B. Vrbanovic.
6.5 Official Plan Amendment OPA21/009/K/AP and Zoning By-law Amendment
ZBA21/014/K/AP, 4396 King Street East & 25 Sportsworld Drive,
Sportsworld Shopping Centre and Taylorwood Park Homes Inc, DSD -2023-
021, listed as item 7.2.b.
Councillor S. Davey declared a conflict on this item. (Councillor S. Davey
declared a conflict with item 6.5. on the agenda this date with regards to the
Official Plan Amendment OPA21/009/K/AP and Zoning By-law Amendment
ZBA21/014/K/AP, 4396 King Street East & 25 Sportsworld Drive, Sportsworld
Shopping Centre and Taylorwood Park Homes Inc, DSD -2023-021, due to the
subject property being close to his spouses' place of employment.)
Councillor S. Davey left the meeting at this time.
Council considered Official Plan Amendment OPA21/009/K/AP and Zoning By-
law Amendment ZBA21/014/K/AP, 4396 King Street East & 25 Sportsworld
Drive, Sportsworld Shopping Centre and Taylorwood Park Homes Inc, DSD -
2023 -021, listed as item 7.2.b. In addition, Council was in receipt of written
submissions from Colin Yee and Tony Bocchino (Two Submissions) that were
circulated to Council in advance of the meeting.
K. Barisdale highlighted the development application including common and
terrace amenity items, traffic on neighboring streets, proposed Ministry of
Transportation highway interchanges, geothermal energy systems on the site
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and adherence to energy star and green building practices including HVAC units
and programmable thermostats. In response to a question from Council, K.
Barisdale responded to concerns regarding school pickup and drop-off in the
neighbourhood.
In response to questions from Council, Garett Stevenson, Interim Director of
Planning addressed traffic planning in the neighboring areas to the development
application property and the proposed Ministry of Transportation (MTO) highway
interchanges and traffic transportation that is expected to occur.
Moved by Councillor P. Singh
Seconded by Councillor D. Chapman
"That Official Plan Amendment Application OPA21/009/K/AP for
Sportsworld Shopping Centre and Taylorwood Park Homes Inc.
requesting a change in land use designation from Commercial Campus to
Mixed Use with Specific Policy Area No. 59 to permit a high intensity
mixed use development on the lands specified and illustrated on Schedule
'A' and Schedule `B', be adopted, in the form shown in the Official Plan
Amendment attached to Development Services Department report DSD -
2023 -021 as Attachments 'Al' 'A2' and `A3', and, accordingly, forwarded
to the Regional Municipality of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA21/014/K/AP for
Sportsworld Shopping Centre & Taylorwood Park Homes Inc., for the
property municipally addressed as 4396 King Street East & 25
Sportsworld Drive, be approved in the form shown in the Proposed By-law
and Map No. 1, attached to report DSD -2023-021 as Attachments `131'
and `B2'; and further,
That the Urban Design Brief prepared by GSP Group Inc., dated February
2023, and attached as Attachment `C' to report DSD -2023-021 be
endorsed, and that staff be directed to implement the Urban Design Brief
through future Site Plan Approval processes."
Carried
6.6 Official Plan Amendment and Zoning By-law Amendment - 146-162 Victoria
Street South and 92-110 Park Street
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a pecuniary interest with item 6.6 on the agenda this date respect to Official Plan
Amendment and Zoning By-law Amendment - 146-162 Victoria Street South and
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92-110 Park Street, due to a family member owning property within the vicinity of
the subject property and did not participate in any voting or discussion on the
matter.)
Councillor S. Davey returned to the meeting at this time.
Peggy Nickles and Sheldon Atos addressed Council related to an Official Plan
Amendment and Zoning By-law Amendment - 146-162 Victoria Street South and
92-110 Park Street that Council considered and refused at the June 20, 2022
Council meeting. It was noted the decision of Council was appealed to the
Ontario Land Tribunal (OLT) and Council would not be permitted to ask
questions or comment on the applications due to their status at the tribunal.
P. Nickles and S. Atos provided a presentation on behalf of Livable Park and
Victoria, Cherry Park Neighbourhood Association and Victoria Park
Neighbourhood Association Development Committee with regards to their
experiences in the development approval process and conformity of decisions
with approved planning principles.
Myron Steinman, delegated on the development application, expressing
concerns with the ability to manage fire issues on the site.
6.7 Biehn Drive and Sanitary Trunk Sewer Extension Class Environmental
Assessment (EA) - Environmental Study Report, DSD -2022-188, listed as
item 8.8.2
Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud
declared a declared a pecuniary interest with respect to item 8.8.2 on the agenda
this date with regards to Biehn Drive and Sanitary Trunk Sewer Extension Class
Environmental Assessment (EA) - Environmental Study Report, due to a family
member owning property within the vicinity of the subject property and did not
participate in any voting or discussion on the matter.)
Councillor P. Singh returned to the meeting at this time.
Council considered Biehn Drive and Sanitary Trunk Sewer Extension Class
Environmental Assessment (EA) - Environmental Study Report, DSD -2022-188
AND Follow up Report DSD -2023-096, listed as item 8.2 on the agenda this date.
In addition, Council was in receipt of written submissions from Kelli Kuzyk,
Bonnie Bender -Vargas, Jennifer Arruda, Mike Funck, which were circulated in
advance of the meeting.
Louisette Lanteigne delegated with regards to Strasburg Creek and the need for
additional studies to protect Jefferson Salamanders in the area and ensuring
proper protocols are in place regarding water supply studies as part of the EA.
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Kelly Kuzyk delegated with regards to extending Biehn Drive through a
provincially sensitive wetland and expressed support for the staff
recommendation outlined in Development Services Department report DSD -
2023 -096 to conduct additional studies and hold additional consultations.
A motion was brought forward by Councillor M. Johnston, which was seconded
by Councillor D. Schnider to approve the staff recommendation outlined in follow-
up staff Report DSD -2023-096.
Moved by Councillor M. Johnston
Seconded by Councillor D. Schnider
"That Council directs staff to complete further studies to update the Biehn
Drive and Trunk Sanitary Sewer Extension Class Environmental
Assessment - Environmental Study Report , prepared by BT Engineering,
dated January 18, 2023; and,
That Council directs staff to complete one additional consultation to be
scheduled once the additional studies have been completed; and,
That Council directs staff to use the remaining balance of the budget
approved in 2020 for this EA to complete the additional work; and further,
That staff reports back to Council with an updated Biehn Drive and Trunk
Sanitary Sewer Extension Class Environmental Assessment (EA)
Environmental Study Report in late 2023 or early 2024."
Carried
7. REPORTS OF COMMITTEES
7.1 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - MARCH 6,
2023
Moved by Councillor M. Johnston
Seconded by Councillor D. Schnider
"That the report of the Community and Infrastructure Services Committee,
dated March 6, 2023, listed as items 7.1.a to 7.1.e on the agenda this
date, be adopted."
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7.1.a Uncollectable Miscellaneous Receivable Accounts Write -Off December 2022,
FIN -2023-032
"That uncollectable Miscellaneous Receivable Accounts amounting to
$8,781 be written off against the Allowance for Doubtful Receivables, as
outlined in Financial Services Department report FIN -2023-032."
Carried
7.1.b Uncollectable Utility Receivable Account Write -Off December 2022, FIN -2023-
033
"That uncollectable utility accounts amounting to $80,371 be written off
against the allowance for doubtful utility receivables, as outlined in
Financial Services Department report FIN -2023-033."
Carried
7.1.c Drinking Water Quality Management Standard (DWQMS) Re -Endorsement of the
Operational Plan, INS -2023-012
"That the Drinking Water Quality Management Standards (DWQMS)
Operational Plan attached to Infrastructure Services Department report
INS -2023-012 be re -endorsed in accordance with the Safe Drinking Water
Act, 2002 and Regulation 188/07."
Carried
7.1.d Drinking Water Quality Management Standard (DWQMS): Management Review
Summary for 2022, INS -2023-011
"That the City of Kitchener Drinking Water Quality Management Standard
(DWQMS): Management Review Summary for 2022 Report be received
for information, as outlined in Infrastructure Services Department report
I NS -2023-01 1."
Carried
7.1.e Summary Water Report - 2022, INS -2023-010
"That the 2022 City of Kitchener Summary Drinking Water Report be
received for information as required by O.Reg. 170/03 Schedule 22 of the
Safe Drinking Water Act; and further,
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That the City of Kitchener provide a copy of the Summary Drinking Water
Report to the Township of Woolwich and the City of Waterloo as required
by Schedule 22 of O.Reg. 170/03, as outlined in Infrastructure Services
Department report INS -2023-010."
Carried
7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 6, 2023
7.2.a Official Plan Amendment OPA22/10/C/BB and Zoning By-law Amendment
ZBA22/17/C/BB, 45-53 Courtland Avenue East, Cantiro Courtland GP, DSD -
2023 -065
Carried, under Delegations
7.2.b Official Plan Amendment OPA21/009/K/AP and Zoning By-law
Amendment ZBA21/014/K/AP, 4396 King Street East & 25 Sportsworld Drive,
Sportsworld Shopping Centre and Taylorwood Park Homes Inc, DSD -2023-021
Carried, under Delegations
8. UNFINISHED BUSINESS
8.1 Official Plan Amendment OP17/003/F/GS, Zoning By-law Amendment
ZC17/010/F/GS, 507 Frederick Street, 40, 44, & 48 Becker Street, Henry
Walser Funeral Home Ltd., DSD -2022-478 AND Follow-up Reports DSD -
2023 -062 & DSD -2023-085, DSD -2023-136
Carried, as amended, under Delegations
8.2 Biehn Drive and Sanitary Trunk Sewer Extension Class Environmental
Assessment (EA) - Environmental Study Report, DSD -2022-188 AND Follow
up Report DSD -2023-096
9. NEW BUSINESS
Carried, as amended, under Delegations
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9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC
Mayor B. Vrbanovic provided an update on the move -in date of April 15, 2023 for
the Region's managed encampment site and the deferral of the discussion on the
Lancaster Street ramp occurred at the Regional Council meeting and will be
discussed at an April date.
9.2 Notice of Motion - A. Clancy - e-Scooters/e-Bikes
Councillor A. Clancy introduced the Notice of Motion citing the benefits of e -
scooters, continued use of the City's existing active transportation system and
reduction of Greenhouse Gas emissions, which was seconded by Councillor P.
Singh.
It was suggested and agreed that the recommendation be amended to also
forward a copy of the resolution to the Premier of Ontario.
Moved by Councillor A. Clancy
Seconded by Councillor P. Singh
"WHEREAS the City of Kitchener has committed to reducing carbon
emissions by 50% by 2030, and has endorsed the Transform WR
document highlighting that 49% of local emissions are from fuel
consumption related to transportation;
WHEREAS the federal government has developed the "Pan -Canadian
Framework on Clean Growth and Climate Change" which states that The
cost of inaction is greater than the cost of action: climate change could
cost Canada $21-$43 billion per year by 2050 and stating that government
will work to "(support) the shift from higher to lower -emitting types of
transportation" p .18;
WHEREAS the City of Kitchener has developed a "Cycling and Trails
Master Plan" which focuses on "investing in trails and bike lanes to reduce
automobile dependence and greenhouse gas emissions, provide more
recreation and leisure options, increase social connections and physical
activity, improve public health outcomes, and reduce infrastructure
demands";
WHEREAS Transform WR states that we will work towards a future where
"everyone has the opportunity to access and make sustainable choices".
Current federal policies and subsidies are disproportionately benefitting
higher income people (car and home owners), and the effects of climate
change disproportionately harm low income people;
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WHEREAS ebikes have been shown to be the most effective way to get
people out of their cars and into healthier, more sustainable and
affordable modes of transportation according to electrek.co;
THEREFORE BE IT RESOLVED that Kitchener City Council requests that
the federal government promote equity in its climate policies by
subsidizing ebikes and escooters, especially for those living on low
incomes;
THEREFORE BE IT FURTHER RESOLVED THAT a copy of this
resolution be sent to the Honourable Doug Ford, Premier, Ontario, MP
Mike Morrice, MP Valerie Bradford, MP Tim Louis, MP Brian May, the
Minister of Environment and Climate Change Steven Guilbeault, all
Waterloo Region Municipalities, the Association of Municipalities of
Ontario and the Federation of Canadian Municipalities."
Carried
10. QUESTIONS AND ANSWERS
Questions were raised with regards to incidents towards operations staff
responsible for snow plowing and snow operations and answers were provided
by staff.
11. BY-LAWS
At the request of A. Fusco, Director of Legislated Services/City Clerk, Council
agreed to two additional by-laws related to Unfinished Business report 8.1, 507
Frederick Street, and 40 and 44 Becker Street; two additional by-laws related to
Planning and Strategic Initiatives report 7.2.a, 45-53 Courtland Avenue East;
and, two additional by-laws related to Planning and Strategic Initiatives report
7.2.b, 4396 King Street East & 25 Sportsworld Drive.
11.1 1ST AND 2ND READING
All of the By-laws, save and except for the By-laws related to Official Plan
Amendment OPA21/009/K/AP and Zoning By-law Amendment ZBA21/014/K/AP,
4396 King Street East & 25 Sportsworld Drive, Sportsworld Shopping Centre and
Taylorwood Park Homes Inc, were voted on and were Carried.
The By-laws related to Official Plan Amendment OPA21/009/K/AP and Zoning
By-law Amendment ZBA21/014/K/AP, 4396 King Street East & 25 Sportsworld
Drive, Sportsworld Shopping Centre and Taylorwood Park Homes Inc, were
voted on and were Carried. Councillor S. Davey due to his previously declared
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pecuniary interest did not participate in any voting or discussion related to these
matters.
Moved by Councillor J. Deneault
Seconded by Councillor D. Schnider
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
Carried
11.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
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.
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 Being a by-law to further amend By-law 2019-113, to regulate traffic and
parking on highways under the jurisdiction of the City of Kitchener
11.1.f Being a by-law to adopt Amendment No. 22 to the Official Plan - 507
Frederick Street, 40 and 44 Becker Street.
11.1.g Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Henry Walser Funeral Home Ltd,
- 507 Frederick Street, 40 and 44 Becker Street.
11.1.h Being a by-law to adopt Amendment No. 125 to the Official Plan - 45-53
Courtland Avenue East.
11.1.1 Being a by-law to amend By-law No. 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — Cantiro Courtland General
Partner Ltd. — 45-53 Courtland Avenue East.
11.1.j Being a by-law to adopt Amendment No. 21 to the Official Plan - 4396
King Street East and 25 Sportsworld Drive.
W
11.1.k Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Sportsworld Shopping Centre
Inc. and Taylorwood Park Homes Inc. — 4396 King Street East and 25
Sportsworld Drive.
11.1.1 To confirm all actions and proceedings of the Council for March 20, 2023.
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 Singh.
12.1 ADMINISTRATIVE REPORTS
12.1.a Request for Additional Funding — Q23-004 Conway Drive and Wayne Drive RR,
FIN -2023-131
Moved by Councillor D. Schnider
it was resolved:
"That $754,000 be transferred from the Water Infrastructure Program
(WIP) Road Reconstruction General Account to the Conway Drive and
Wayne Drive Road Reconstruction account to allow the project to
proceed."
Carried
12.1.b NSP23-063 Microsoft Enterprise Agreement, FIN -2023-130
Moved by Councillor J. Deneault
it was resolved:
"That the City leverage the Province of Ontario's, Master Business
Service Agreement U8364444 - Microsoft Enterprise Agreement, with
Microsoft Canada, Toronto, Ontario, for a three (3) year period, with no
options for renewal, provided a satisfactory contract is executed."
Carried
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12.1.c Applications for Cancellation, Refund, Reduction of Taxes, FIN -2023-101
Moved by Councillor D. Chapman
it was resolved:
"That the applications to City Council for write-off, cancellation, reduction,
or refund of taxes totalling $295,065.32 as attached to Financial Services
Department report FIN -2023-101, be approved, pursuant to Sections 354
and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act")."
Carried
12.1.d Neighbourhood Association Affiliation 2023, CSD -2023-082
Councillor M. Johnston brought forward a motion to approve the recommendation
outlined in Community Services Department report CSD -2023-082, including an
amendment to include an additional clause "That, before City Council's summer
recess, staff prepare a report outlining options for Council's consideration that
would support the following objectives:
• Strengthen, and modernize, collaborative partnerships between the City
and community partners — including affiliated Neighbourhood Associations
— operating out of City -owned community centres.
• Increase resident's usage of City -owned community centres, where and
when centres are not already being fully utilized (eg. expanding hours of
operations, attracting additional partners).
• Diversify programs, services and supports offered out of City -owned
community centres (either directly, or through partnerships) to reflect the
increasingly diverse needs of Kitchener residents (e.g. mental health and
wellness, supports for vulnerable populations, food distribution)."
In response to a question from Council, M. Hildebrand, Director, Neighbourhood
Program and Services and M. May, Deputy, CAO/General Manager, Community
and Infrastructure Services, advised staff had no objections to the proposed
amendment, indicating staff could report back on a host of options to address the
request for Council's considerations. M. Hildebrand confirmed that staff would
engage the Neighbourhood Associations on the suggestions prior to reporting
back to Council.
Moved by Councillor M. Johnston
it was resolved:
19
"That the list of proposed Neighbourhood Associations, as attached to the
Community Services Department report CSD -2023-082, be approved for
affiliation for the year 2023 and added to the City's third -party liability
insurance program; and further,
That, before City Council's summer recess, staff be directed to prepare a
report outlining options for Council's consideration that would support the
following objectives:
o Strengthen, and modernize, collaborative partnerships between the
City and community partners — including affiliated Neighbourhood
Associations — operating out of City -owned community centres.
o Increase resident's usage of City -owned community centres, where
and when centres are not already being fully utilized (eg. expanding
hours of operations, attracting additional partners).
o Diversify programs, services and supports offered out of City -owned
community centres (either directly, or through partnerships) to reflect
the increasingly diverse needs of Kitchener residents (e.g. mental
health and wellness, supports for vulnerable populations, food
distribution)."
Carried, as amended
12.1.e Dangerous Dog Designation Appeal - Johnson, COR -2023-124
Carried, as amended, under Delegations
12.1.f City of Kitchener Municipal Housing Pledge, DSD -2023-063
Council considered Development Services Department report DSD -2023-063
recommending approval of the "City of Kitchener Municipal Housing Pledge" and
confirming it be submitted to the Province as the City of Kitchener's Municipal
Housing Pledge. In addition, Council was in receipt of a written submission from
Paul Britton, MHBC Planning, on behalf of Activa Holdings which was circulated
to Council in advance of the meeting.
Garett Stevenson, Interim Director of Planning, provided a presentation outlining
the request made by the Province, Kitchener's approach to the development
applications to date including development review process, fee waiver for
development applications, provincial funding to retain staff to work on
inclusionary zoning, development charges for eligible affordable properties, and
permitting secondary dwellings, increasing housing stock and secondary plans
underway. The proposed plans and policy work occurring in 2023 was
19
highlighted. The proposed Housing Pledge was reviewed including setting the
stage for more housing, affordable housing, collaboration, and monitoring. G.
Stevenson and N. Goss responded to questions from Council.
Councillor P. Singh left the meeting at this time, Mayor B. Vrbanovic assumed
the role of the Chair. Councillor P. Singh returned at this time and assumed the
Chair.
In response to questions from Council, G. Stevenson addressed the request from
the Province to adopt a pledge, the comments and direction in the pledge, much
of which is already underway, noting that all secondary plan work is reflected in
the pledge through "growing together" as a component of the Major Transit
Station Areas (MTSA) work and that future discussions of community benefit
charges (CBC) will come back to Council. In response to further questions, G.
Stevenson noted that allocation of 35,000 units was set by the Province and may
be based on population and abilities to accommodate additional services when
making their determination. In response to questions from Council, G. Stevenson
and J. Readman addressed the federal governments intent to increase
immigration, noting its distribution has yet to be determined and actions to be
taken to increase development activity. A request was made to have the Mayor
raise the matter at the next Ontario Big City's Mayor's meeting and Mayor B.
Vrbanovic addressed the federal announcement recently to enable housing
accelerator programs.
Councillor D. Schnider left the meeting and returned at this time.
Moved by Mayor B. Vrbanovic
it was resolved:
"That the Municipal Housing Pledge attached as Attachment "B" to report
DSD -2023-063 titled "City of Kitchener Municipal Housing Pledge" be
submitted to the Province as the City of Kitchener's Municipal Housing
Pledge."
In Favour (11): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor J. Deneault,
Councillor C. Michaud, Councillor A. Owodunni,
Councillor P. Singh, Councillor B. loannidis,
Councillor M. Johnston, Councillor D. Chapman, and
Councillor A. Clancy
Carried, unanimously on a recorded vote (11 to 0)
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12.2 FOR INFORMATION
12.2.a 2022 Year End Variance, FIN -2023-127
12.2.b Council Remuneration 2022, FIN -2023-129
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
Moved by Councillor P. Singh
Seconded by Councillor S. Davey
"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
All of the By-laws, save and except for the By-laws related to Official Plan
Amendment OPA21/009/K/AP and Zoning By-law Amendment ZBA21/014/K/AP,
4396 King Street East & 25 Sportsworld Drive, Sportsworld Shopping Centre and
Taylorwood Park Homes Inc, were voted on and were Carried.
The By-laws related to Official Plan Amendment OPA21/009/K/AP and Zoning
By-law Amendment ZBA21/014/K/AP, 4396 King Street East & 25 Sportsworld
Drive, Sportsworld Shopping Centre and Taylorwood Park Homes Inc, were
voted on and were Carried. Councillor S. Davey due to his previously declared
pecuniary interest did not participate in any voting or discussion related to these
matters.
Moved by Councillor M. Johnston
Seconded by Councillor D. Chapman
"That the by-laws be given third reading, namely:
14.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
(By-law No. 2023-025)
21
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. 2023-026)
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.
(By-law No. 2023-027)
14.1.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. 2023-028)
14.1.e Being a by-law to further amend By-law 2019-113, to regulate traffic and
parking on highways under the jurisdiction of the City of Kitchener
(By-law No. 2023-029)
14.1.f Being a by-law to adopt Amendment No. 22 to the Official Plan - 507
Frederick Street, 40 and 44 Becker Street.
(By-law No. 2023-030)
14.1.g Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Henry Walser Funeral Home Ltd,
- 507 Frederick Street, 40 and 44 Becker Street.
(By-law No. 2023-031)
14.1.h Being a by-law to adopt Amendment No. 125 to the Official Plan - 45-53
Courtland Avenue East.
(By-law No. 2023-032)
14.1.1 Being a by-law to amend By-law No. 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — Cantiro Courtland General
Partner Ltd. — 45-53 Courtland Avenue East.
(By-law No. 2023-033)
14.1.j Being a by-law to adopt Amendment No. 21 to the Official Plan - 4396
King Street East and 25 Sportsworld Drive.
(By-law No. 2023-034)
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14.1.k Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Sportsworld Shopping Centre
Inc. and Taylorwood Park Homes Inc. — 4396 King Street East and 25
Sportsworld Drive.
(By-law No. 2023-035)
14.1.1 To confirm all actions and proceedings of the Council for March 20, 2023.
15_ ADJOURNMENT
On motion, the meeting adjourned at 10:44 p.m.
ACTIayor Clerk
(By-law No. 2023-036)
Carried
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