HomeMy WebLinkAboutCouncil Minutes - 2024-05-27Council Meeting Minutes
May 27, 2024, 7:00 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 S. Stretch
Staff: D. Chapman, Chief Administrative Officer
M. May, General Manager, Community Services and Deputy
Chief Administrator
J. Readman, General Manager, Development Services
J. Lautenbach, Chief Financial Officer, Financial Services
D. McGoldrick, General Manager, Infrastructure Services
B. Rowland, Director, Corporate Communications and Marketing
G. Stevenson, Director, Development & Housing Approvals
A. Fusco, Director Legislated Services / City Clerk
D. Saunderson, Deputy Clerk
1. COMMENCEMENT
The meeting began with a Land Acknowledgement given by the Mayor and the
singing of "O Canada."
2. MINUTES FOR APPROVAL
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On motion by Councillor B. loannidis the minutes of the regular meeting held
April 29, 2024, and special meeting held April 29, 2024 as mailed to the Mayor
and Councillors, were accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 Councillor P. Singh - Notice of Intention to Designate -131 Victoria Street
South under Part IV of the Ontario Heritage Act, DSD -2024-195
Councillor P. Singh declared a conflict with Notice of Intention to Designate - 131
Victoria Street South under Part IV of the Ontario Heritage Act, DSD -2024-195,
listed as item 7.1.b on the agenda this date, as he owns property in the vicinity of
the subject property, he did not participate in any voting or discussion related to
the item.
3.2 Councillor P. Singh - Sign By-law General Amendments, DSD -2024-116
Councillor P. Singh declared a conflict with Sign By-law General Amendments,
DSD -2024-116, specifically with the proposed amendments, which regulate signs
used for real-estate, listed as item 7.4.c on the agenda this date, due to his
employment and due to his conflict, he did not participate in any voting or
discussion related to item and associated By-laws.
4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request under Policy MUN-FAC-442
4.1.a Eritrean Canadian Community of Kitchener Waterloo - May 20 - 27, 2024
5. PRESENTATIONS
5.1 Red Week - St. Mary's General Hospital Foundation
Jamie Wilson, provided a presentation regarding RedDAY, an Annual community
fundraiser to support St. Mary's General Hospital where donations go toward
preventative care programs, such as PREVENT Clinic, noting that Manulife will
match RedDAY donations, dollar for dollar, up to $200,000 to rally the community
and health care workers to the cause on June 7, 2024. K. Parker reported that
the purpose of RedDAY is to bring awareness to patients without access to
family doctors noting that about 65,000 in Waterloo -Wellington area do not have
a family physician.
6. DELEGATIONS
6.1 Animal Control Investigations - Kitchener -Waterloo Humane Society
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Dr. Marie Hardy delegated with respect to how dog bite investigations are being
carried out by the Kitchener -Waterloo Humane Society noting in her experience,
there is inconsistency in the Humane Society investigation process. Dr. Hardy
requested that Council consider reviewing the contract with the Humane Society
to increase community safety and reduce the liability risks for the City related to
animal control services.
7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - MAY 7, 2024
Due to the previously declared conflict by Councillor P. Singh and a brief
discussion, it was determined through consensus of Council the items on the
Heritage Kitchener report from May were voted on separately and were Carried.
G. Stevenson, Director, Development and Housing Approvals, was in attendance
to respond to questions from Council related to the Heritage Permit Application
for 10 Duke Street West.
Moved by Councillor D. Chapman
Seconded by Councillor C. Michaud
"That the report of Heritage Kitchener, dated May 7, 2024, listed as items
7.1.a to 7.1.c on the agenda this date, be adopted."
Carried
7.1.a Heritage Permit Application HPA-2024-IV-08, 10 Duke Street West, Partial
Demolition with Retention of Front, East, and portion of the West Side Fagade,
Construction of 45 -Storey Mixed -Use Building, DSD -2024-160
"That pursuant to Sections 30(2), 33, and 34 of the Ontario Heritage Act,
Heritage Permit Application HPA-2024-IV-08 for the property municipally
addressed as 10 Duke Street West be approved to permit the partial
demolition of the building, excluding the front (south) fagade, east side
fagade, and part of the west side fagade; and, the construction of a 45 -
storey mixed-use building with retained portions of the original building
integrated into the podium, subject to the following conditions, as outlined
in the Development Service Department report DSD -2024-160:
a. That the final Heritage Impact Assessment be submitted and approved
by the Director of Development and Housing Approvals prior to the
issuance of the heritage permit;
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b. That the final Conservation Plan, including a Salvage and
Documentation Plan and Commemoration and Interpretation Plan, be
submitted and approved by the Director of Development and Housing
Approvals and the City's Heritage Planner prior to the issuance of the
heritage permit;
c. That the final Temporary Protection Plan, including a Demolition and
Stabilization Plan and Structural Assessment Report, 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;
d. That the final Risk Management Plan, including the Vibration
Monitoring Report, 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;
e. That final building elevations be submitted for review to the satisfaction
of the City's Manager of Development Review in conjunction with
Heritage Planning Staff and Urban Design Staff prior to the issuance of
the heritage permit;
f. That the final demolition permit be reviewed, and heritage clearance
provided by Heritage Planning Staff prior to the issuance of a
demolition permit; and,
g. That the final building permit be reviewed, and heritage clearance
provided by Heritage Planning Staff prior to the issuance of a building
permit."
Carried
7.1.b Notice of Intention to Designate -131 Victoria Street South under Part IV of the
Ontario Heritage Act, DSD -2024-195
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a conflict with Notice of Intention to Designate - 131 Victoria Street South under
Part IV of the Ontario Heritage Act, DSD -2024-195, listed as item 7.1.b on the
agenda this date, as he owns property in the vicinity of the subject property, he
did not participate in any voting or discussion related to the item.)
"That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 131 Victoria Street South as being of cultural
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heritage value or interest, as outlined in Development Service Department
report DSD -2024-195."
Carried
7.1.c Notice of Intention to Designate - 87 Scott Street and 82 Weber Street East
under Part IV of the Ontario Heritage Act, DSD -2024-210
"That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 79-87 Scott Street/66-82 Weber Street East as
being of cultural heritage value or interest, as outlined in Development
Services Department report DSD -2024-210."
Carried
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - MAY 13, 2024
Moved by Councillor S. Davey
Seconded by Councillor B. loannidis
"That the report of the Finance and Corporate Services Committee, dated
May 13, 2024, listed as items7.2.a to 7.2.b on the agenda this date, be
adopted."
Carried
7.2.a Asset Management Plans, Non -Core Assets, FIN -2024-208
"That the Asset Management Plans for the City's non-core assets as
outlined in the Financial Services Department report FIN -2024-208 be
approved; and further,
That Policy GOV-COR-506 Corporate Asset Management as attached to
Report FIN -2024-208 be approved."
Carried
7.2.b Reserve Fund Policy Update, FIN -2024-222
"That Policy FIN -RES -770 Reserve Funds be amended as identified in the
Financial Service Department report FIN -2024-222; and,
That funds in the amount of $400,863 be transferred from the Tax
Stabilization Reserve Fund to the Investment Stabilization Reserve Fund;
and further,
That funds in the amount of $4,488,866 be transferred from the Tax
Stabilization Reserve Fund to the Tax Capital Reserve Fund."
Carried
7.3 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - MAY 13,
2024
Moved by Councillor M. Johnston
Seconded by Councillor D. Schnider
"That the report of the Community and Infrastructure Services Committee,
dated May 13, 2024, listed as items 7.3.a to 7.3.c on the agenda this date,
be adopted."
Carried
7.3.a Property Standard By-law Amendments, CSD -2024-083
"That the proposed by-law to repeal and replace specific sections of the
existing Property Standards By-law, Chapter 665 as noted in Appendix A,
be adopted; as outlined in Community Service Department report CSD -
2024 -083; and further,
That the updated regulations of the City of Kitchener Property Standards
By-law, Chapter 665 be incorporated into The City of Kitchener Municipal
Code."
Carried
7.3.b Vision Zero Project Update, DSD -2024-073
"That this report, which serves as a progress update on the Vision Zero
action items completed in 2023, be received; as outlined in the
Development Service Department report, DSD -2024-073; and,
That staff be directed to implement the proposed 2024 safety
improvements as outlined in Attachment A (Vision Zero 2024 Safety
Improvements) of report, DSD -2024-020 to support implementation of the
Vision Zero Strategy; and,
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That a Pedestrian Crossover (PXO) Level 2, Type B be installed on
Belmont Avenue at the Henry Sturm Greenway; and,
That a Pedestrian Crossover (PXO) Level 2, Type C be installed on
Kingsway Drive at Greenfield Avenue, across the north leg of the
intersection; and,
That a Pedestrian Crossover (PXO) Level 2, Type C be installed on Park
Street at Mount Hope Street, across the west leg of the intersection; and,
That a Pedestrian Crossover (PXO) Level 2, Type D be installed on
Lawrence Avenue at the Henry Sturm Greenway; and,
That stopping be prohibited at any time, 15 metres from each Pedestrian
Crossover (PXO) at each approach, and ten (10) metres immediately
following each Pedestrian Crossover (PXO); and,
That the Uniform Traffic Bylaw be amended accordingly; and,
That staff be directed to investigate the feasibility and impact of
reallocating the remaining balance of the annual Formal Traffic Calming
budget to the Vision Zero Hot Spot improvement program, recognizing
that the Vision Zero Hot Spot Improvement Program has proven to be a
data -driven and proactive approach to the implementation traffic calming
and street safety measures; and further,
That staff report back to Council on the results of this investigation through
the 2025 Vision Zero Annual Update."
Carried
7.3.c Integrated Sanitary Master Plan Final Report, INS -2024-223
"That the Environmental Study Report: Integrated Sanitary Master Plan
Schedule `B' Municipal Class Environmental Assessment prepared by
Stantec Consulting Ltd. dated May 2, 2024, together with the
recommended approaches, be approved; as outlined in the Infrastructure
Service Department report INS -2024-223; and further,
That staff be directed to file the report for the 30 -day public review period
as required by the Environmental Assessment Act."
Carried
7.4 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -MAY 13, 2024
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Councillor P. Singh brought forward a motion to approve the report of the
Planning and Strategic Initiatives Committee, dated May 13, 2024, listed as items
7.4.a to 7.4.b on the agenda this date, including an amendment to approve
Zoning By-law Amendment Application ZBA24/006/W/ES, 115-131 Whitney
Place, Hilts Auto Inc., as recommended in Development Services Department
report DSD -2024-203, which was presented at Committee, to be adopted, which
was seconded by Councillor D. Chapman.
Due to the previously declared conflict by Councillor P. Singh related to item
7.4.c, Councillor D. Chapman brought forward a motion to approve item 7.3.c of
the Planning and Strategic Initiatives Committee report, dated May 13, 2024,
listed as on the agenda this date, to be adopted, which was seconded by
Councillor A. Owodunni.
Moved by Councillor P. Singh
Seconded by Councillor D. Chapman
"That the report of the Planning and Strategic Initiatives Committee, dated
May 13, 2024, listed as items 7.4.a to 7.4.c on the agenda this date, be
adopted."
Carried
7.4.a Zoning By-law Amendment Application ZBA24/006/W/ES, 115-131 Whitney
Place, Hilts Auto Inc., DSD -2024-203
"That Zoning By-law Amendment Application ZBA24/006/W/ES (Hilts Auto
Inc.) requesting to amend Zoning By-law 85-1, for the purpose of
changing the zoning of a portion of the subject property (115-131 Whitney
Place) from Existing Use Zone (E-1) to Existing Use Zone (E-1) with
Special Use Provision 488U specified and illustrated as the `Subject Area'
on Map No. 1, be approved in the form shown in the "Proposed By-law"
attached to the Report DSD -2024-203 as Attachment 'A1'; and,
That Zoning By-law Amendment Application ZBA24/006/W/ES (Hilts Auto
Inc) requesting to amend Zoning By-law 2019-051, for the purpose of
changing the zoning of a portion of the subject property (115-131 Whitney
Place) from Existing Use Floodplain Zone (EUF-1) to Existing Use
Floodplain Zone (EUF-1) with Site Specific Provision 394 specified and
illustrated as the `Subject Area' on Map No. 1, be approved in the form
shown in the "Proposed By-law" attached to the Report DSD -2024-203 as
Attachment `A2'; and further,
n.
That the Proposed By-law to amend Zoning By-law 2019-051, as
amended, shall have no force and effect against the subject lands until the
date that By-law 2024- 064 (Growing Together Secondary Plans, Non-
PMTSAs) is in full force and effect."
Carried, as amended
7.4.b Ontario Clean Water Act - Region of Waterloo's Update to Source Protection
Plan, DSD -2024-205
"That the proposed technical amendments to the Grand River Source
Protection Plan that apply within the City of Kitchener, as outlined in
Development Services Department report DSD -2024-205, be supported."
Carried
7.4.c Sign By-law General Amendments, DSD -2024-116
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a conflict with Sign By-law General Amendments, DSD -2024-116, specifically
with the proposed amendments, which regulate signs used for real-estate, listed
as item 7.4.c on the agenda this date, due to his employment and due to his
conflict, he did not participate in any voting or discussion related to item and
associated By-laws.)
Due to the previously declared conflict by Councillor Singh, the regulations
pertaining to real-estate signs were then voted on and were Carried.
The balance of the proposed changes to the Sign By-law were then voted on and
were Carried.
"That the proposed by-law attached as Attachment 'A' to Development
Services Department report DSD -2024-116, to repeal and replace specific
sections of the existing Sign By-law number 2011-099, be adopted; and
further,
That the updated regulations of the Sign By-law be incorporated into The
City of Kitchener Municipal Code."
8. UNFINISHED BUSINESS - NIL
Carried
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9. NEW BUSINESS
9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC
None.
10. QUESTIONS AND ANSWERS
None.
11. STAFF REPORTS
11.1 2024 House Keeping Amendments - Acting Mayor By-law, COR -2024-239
Moved by Councillor B. loannidis
Seconded by Councillor M. Johnston
it was resolved:
"That By-law 2022-121 be amended with the proposed house keeping by-
law as attached to Corporate Services Department report COR -2024-239,
be adopted."
Carried
12. BY-LAWS
At the request of A. Fusco, Director, Legislative Services and City Clerk, now that
the Reports of the Committees have been formally approved, it was agreed to
formally add the By-laws listed on the agenda under the heading of Late Starters
to the agenda for Council's consideration.
12.1 1ST AND 2ND READING
Moved by Councillor A. Owodunni
Seconded by Councillor S. Davey
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
12.1.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.
12.1.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.
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12.1.c To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized
parking of motor vehicles on private property.
12.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code
regarding By-law Enforcement.
12.1.e Being a by-law to amend Chapter 665 of The City of Kitchener Municipal Code
with respect to standards of maintenance and occupancy of property.
12.1.f Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code
with respect to Signs.
12.1.g Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law
for the City of Kitchener — Hilts Auto Inc. — 115-131 Whitney Place.
12.1.h Being a by-law to amend By-law 2019-051, as amended, known as the Zoning
By-law for the City of Kitchener — Hilts Auto Inc. — 115-131 Whitney Place.
12.1.1 Being a by-law to amend By-law 2022-121 with respect to Acting Mayor.
12.1.j To confirm all actions and proceedings of the Council for May 27, 2024.
Carried
13. COMMITTEE OF THE WHOLE - NIL
14. BY-LAWS
14.1 3RD READING
Moved by Councillor C. Michaud
Seconded by Councillor J. Deneault
"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 2024-104)
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 2024-105)
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 2024-106)
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14.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code
regarding By-law Enforcement.
(By-law 2024-107)
14.1.e Being a by-law to amend Chapter 665 of The City of Kitchener Municipal Code
with respect to standards of maintenance and occupancy of property.
(By-law 2024-108)
14.1.f Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code
with respect to Signs.
(By-law 2024-109)
14.1.8 Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law
for the City of Kitchener — Hilts Auto Inc. — 115-131 Whitney Place.
(By-law 2024-110)
14.1.h Being a by-law to amend By-law 2019-051, as amended, known as the Zoning
By-law for the City of Kitchener — Hilts Auto Inc. — 115-131 Whitney Place.
(By-law 2024-111)
14.1.1 Being a by-law to amend By-law 2022-121 with respect to Acting Mayor.
(By-law 2024-112)
14.1.j To confirm all actions and proceedings of the Council for May 27, 2024.
15. ADJOURNMENT
Mayor
On motion, the meeting adjourned at 7:41 p.m.
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(By-law 2024-113)
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