HomeMy WebLinkAboutCouncil Minutes - 2024-12-16Council Meeting Minutes
December 16, 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 (virtually)
Councillor S. Stretch
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
K. Hughes, Assistant City Solicitor
B. Rowland, Director, Corporate Communications and Marketing
A. Fusco, Director Legislated Services / City Clerk
C. Spere, Director, Engineering
N. Goss, Manager, Policy & Research
D. Saunderson, Deputy Clerk
1. COMMENCEMENT
The 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 D. Schnider the minutes of the regular meeting held
November 18, 2024, and special meetings held November 18, December 2 and
December 12, 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 — Inclusionary Zoning — Updated Market Analysis, DSD -
2024 -498, listed as item 7.2.a
Councillor P. Singh declared a conflict with regards to Inclusionary Zoning —
Updated Market Analysis, DSD -2024-498, listed as item 7.2.a on the agenda this
date, as he has family that owns property within the vicinity, and he did not
participate in any voting or discussion on the matter.
3.2 Councillor C. Michaud — Biehn Drive and Sanitary Trunk Sewer
Environmental Assessment, DSD -2024-374, listed as item 7.1.c
Councillor C. Michaud declared a pecuniary interest with respect to Biehn Drive
and Sanitary Trunk Sewer Environmental Assessment, DSD -2024-374, listed as
item 7.1.c on the agenda this date, due to a family member owning property
within the vicinity of the subject Environmental Assessment area and did not
participate in any voting or discussion on the matter.
4. COMMUNICATIONS REFERRED TO FILE — NIL
5. PRESENTATIONS — NIL
6. DELEGATIONS
6.1 Inclusionary Zoning — Updated Market Analysis, DSD -2024-498, listed as
item 7.2.a
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a conflict with regards to Inclusionary Zoning — Updated Market Analysis, DSD -
2024 -498, listed as item 7.2.a on the agenda this date, as he has family that
owns property within the vicinity, and he did not participate in any voting or
discussion on the matter.)
Council considered Inclusionary Zoning - Updated Market Analysis, DSD -2024-
498, listed as item 7.2.a on the agenda this date, which was recommended for
refusal at the Planning and Strategic Initiatives Committee meeting on December
2, 2024. In addition, Council was in receipt of written submissions from Laura
E
New, Sue Savor, Melissa Bauman, Gail Pool, JD Development, Hal Jaeger,
Leslie Macredie, Marilyn Hay and Waterloo Home Builders Association.
Melissa Hughes, Chanel Cressman, Peggy Nichols and Shefaza Esmail
addressed Council in opposition to the recommendation outlined in the staff
report, noting the City should maintain the implementation timeline of January 1,
2025 as initially proposed and approved.
Melissa Durrell, Build Urban and Stephen Litt, Vive Development, addressed
Council in support of the recommendation outlined in the staff report, noting
challenges financial challenges with current real estate market conditions, which
may be further exacerbated by Inclusionary Zoning and potentially decrease new
development within the City.
Councillor P. Singh left the meeting at this time.
Mike Puopolo, Waterloo Region Home Builders Association, delegated in support
of the staff recommendation to delay implementation to January 2026 noting
timing concerns with the framework given the broader market and economic
challenges. M. Puopolo addressed financial institutions lending rates and
requested that IZ be delayed until the market stabilizes.
Councillor A. Owodunni left the meeting at this time.
Councillor A. Owodunni returned to the meeting at this time.
Councillor J. Deneault left the meeting at this time.
Ken Vogelpohl delegated in opposition of the staff recommendation.
Councillor J. Deneault returned to the meeting at this time.
Councillor J. Deneault left and returned the meeting at this time.
Councillor C. Michaud left the meeting at this time.
Ryan Murdock, urged Council not to support the staff recommendation as IZ
helps provide for affordable housing, and the failure to provide for different
housing options causes material impacts on the health of citizens and residents
living in the city for those seeking rental housing.
Mayor B. Vrbanovic left the meeting at this time and Councillor S. Davey
assumed the role of the Chair.
Mayor B. Vrbanovic returned to the meeting at this time and assumed the role of
the Chair.
Councillor C. Michaud returned to the meeting at this time.
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Myron Steinman, addressed Council in support of the staff recommendation.
It was noted while the applications were recommended for refusal at the Planning
and Strategic Initiatives Committee. Mayor B. Vrbanovic stated, to ensure
Council receives the preferred result on the Planning Applications, the any
motion brought forward needs to be in the affirmative. If It is Council's will to
refuse the Planning Applications, they can vote down the affirmative
recommendation which will result in the applications being refused. Further staff
are requesting an amendment to Clause 1 of the recommendation to substitute
the Region of Waterloo, with Relevant Approval Authority, to address recent
legislation changes that are effective January 1, 2025, related to the approval
authority for Official Plan Amendments (OPA)'s.
Councillor S. Davey brought forward a motion, which was seconded by
Councillor C. Michaud, as follows:
"That the City -initiated Official Plan Amendment OPA24/0131COWEP for
the purposes of updating Inclusionary Zoning policies within Protected
Major Transit Station Areas be adopted, in the form shown in the Official
Plan Amendment attached to Development Services report DSD -2024-
498 as Attachment `A' and accordingly forwarded to the Relevant Approval
Authority for approval; and further,
That the City -initiated Zoning By-law Amendment ZBA24/0281COWEP to
amend Zoning By- law 2019-051 and Zoning By- law 85-1, be approved in
the form shown in the Proposed By-law Amendment attached to Report
DSD -2024-498 as Attachment 'B' and Attachment 'C' respectively.
That the inclusionary zoning framework be operationalized as of January
1, 2026; and further,
That staff be directed to monitor local market conditions and report back to
Council no later than the end of 2025 with recommendations on potential
adjustments to specific policy parameters, where necessary."
A recorded vote was requested.
Moved by Councillor S. Davey
Seconded by Councillor C. Michaud
"That the City -initiated Official Plan Amendment OPA24/013/COK/EP for
the purposes of updating Inclusionary Zoning policies within Protected
Major Transit Station Areas be adopted, in the form shown in the Official
Plan Amendment attached to Development Services report DSD -2024-
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498 as Attachment `A' and accordingly forwarded to the Relevant Approval
Authority for approval; and,
That the City -initiated Zoning By-law Amendment ZBA24/028/COK/EP to
amend Zoning By- law 2019-051 and Zoning By- law 85-1, be approved in
the form shown in the Proposed By-law Amendment attached to Report
DSD -2024-498 as Attachment 'B' and Attachment 'C' respectively; and,
That the inclusionary zoning framework be operationalized as of January
1, 2026; and further,
That staff be directed to monitor local market conditions and report back to
Council no later than the end of 2025 with recommendations on potential
adjustments to specific policy parameters, where necessary."
In Favour (7): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor C. Michaud,
Councillor A. Owodunni, Councillor B. loannidis, and
Councillor M. Johnston
Contra (3): Councillor J. Deneault, Councillor D.
Chapman, and Councillor S. Stretch
Conflict (1): Councillor P. Singh
Carried, as amended, on a recorded vote (7 to 3)
6.2 Biehn Drive and Sanitary Trunk Sewer Environmental Assessment, DSD -
2024 -374, listed as item 7.1.c
Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud
declared a pecuniary interest with respect to Biehn Drive and Sanitary Trunk
Sewer Environmental Assessment, DSD -2024-374, listed as item 7.1.c on the
agenda this date, due to a family member owning property within the vicinity of
the subject Environmental Assessment area and did not participate in any voting
or discussion on the matter.)
Council considered Biehn Drive and Sanitary Trunk Sewer Environmental
Assessment, DSD -2024-374, listed as item 7.1.c on the agenda this date. In
addition, Council was in receipt of a written submission from David Weber and
Mike Funk related to this matter.
Chris Spere, Director, Engineering, E. Riek, Project Manager, Development
Engineering and Katherine Hughes, Assistant City Solicitor, were in attendance
to respond to questions from Council.
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Maya Alexandru delegated in opposition to the staff recommendation.
Councillor A. Owodunni left and returned to the meeting at this time.
Frank Moffat, Mike Funk, Yvonne and Manny Fernandes, Paul Balzer, Bonnie
Bender -Vargas and Luca Angod and Ray Angod addressed Council in opposition
to the recommendation as outlined in the staff report.
Councillor J. Deneault left the meeting at this time.
Mayor B. Vrbanovic left the meeting at this time and Councillor S. Davey
assumed the role of the Chair.
Brittany Woodhall delegated in opposition to the recommendation, noting that the
Biehn Drive road extension, a Schedule C project, would help to expedite
Schedule B Municipal Class EA that would allow for the installation of the
requiring servicing without the construction of the road. B. Woodhall encouraged
Council to refuse the EA that includes the construction of a road and direct staff
to proceed with a Schedule B Municipal Class EA for the utilities only.
Councillor J. Deneault returned to the meeting at this time.
Mayor B. Vrbanovic returned to the meeting at this time and assumed the role of
the Chair.
Douglas Drake and Phil Froklage addressed Council in opposition to the staff
recommendation.
Moved by Councillor D. Schnider
Seconded by Councillor J. Deneault
"That an in -camera meeting of City Council be held to receive solicitor
client advice with regards to the dispensing with the Biehn Drive and
Sanitary Trunk Sewer Environmental Assessment as authorized by
Sections 239 2 (f) of the Municipal Act, 2001, respectively."
Carried
6.3 Recess and Reconvene
The Council meeting then recessed at 10:33 p.m. and reconvened at 10:44 p.m.,
chaired by Mayor B. Vrbanovic, with all members present, Councillor D.
Chapman was participating virtually.
Councillor P. Singh left and returned to the meeting at this time.
n.
6.4 Biehn Drive and Sanitary Trunk Sewer Environmental Assessment, DSD -
2024 -374, listed as item 7.1.c (Cont'd)
Council resumed consideration of the Biehn Drive and Sanitary Trunk Sewer
Environmental Assessment, DSD -2024-374, listed as item 7.1.c on the agenda
this date.
A recorded vote was requested.
Moved by Councillor M. Johnston
Seconded by Councillor D. Schnider
"That the Biehn Drive and Trunk Sanitary Sewer Extension Class
Environmental Assessment (EA) - Environmental Study Report (ESR),
prepared by BT Engineering, dated November 2024, attached to
Development Services Department report DSD -2024-374, be received;
and further,
That the Biehn Drive and Trunk Sanitary Sewer Extension Environmental
Study Report (ESR), be filed with the Ministry of the Environment
Conservation and Parks (MECP) for the mandatory thirty (30) day review
period as required by the Environmental Assessment (EA) Act."
In Favour (7): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor A.
Owodunni, Councillor P. Singh, Councillor B.
loannidis, and Councillor S. Stretch
Contra (3): Councillor J. Deneault, Councillor M.
Johnston, and Councillor D. Chapman
Conflict (1): Councillor C. Michaud
Carried, on a recorded vote (7 to 3)
6.5 Council proceedings to continue beyond 11:00 p.m.
Moved by Councillor D. Schnider
Seconded by Councillor A. Owodunni
"That pursuant to Section 25.4.16 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
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6.6 2024 Report Back - Queen Victoria Statue, Victoria Park, COR -2024-539,
Listed as item 12.1.c
Council considered 2024 Report Back - Queen Victoria Statue, Victoria Park,
COR -2024-539, Listed as item 12.1.c on the agenda this date. Council was in
support a written submission from Foufou Khalid.
Joel Lundy, delegated in support of the recommendation and commended
Council for the recommendation to install a commemorative public art installation
in Victoria Park.
Anne Marie Beals and Bangishimo (Shawn Johnston) delegated in opposition to
the recommendation as outlined in Corporate Services Department report COR -
2024 -539.
Moved by Councillor P. Singh
Seconded by Councillor A. Owodunni
"That Council receive the Queen Victoria Statue report; and,
That staff be directed to take no further action associated with directions
from Corporate Services Department COR -2022-253; and further,
That the exploration of a co -led, co -designed commemorative public art
installation in Victoria Park be referred to the Arts and Creative Industries
Action Plan, which is expected to be presented to Council in Q4 of 2025."
Carried
7. REPORTS OF COMMITTEES
7.1 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
DECEMBER 2, 2024
Moved by Councillor M. Johnston
Seconded by Councillor D. Schnider
"That the report of the Community and Infrastructure Services Committee,
dated December 2, 2024, listed as items 7.3.a and 7.3.b on the agenda
this date, be adopted."
Carried
n.
7.1.a Modernizing Human Resources Policies 2024, COR -2024-514
"That the modernized Human Resources policies, attached as Appendix A
to Corporate Services report COR -2024 514 be approved; and,
That the redundant Human Resources policy, attached as Appendix B to
Corporate Services report COR -2024-514 be repealed; and further,
That staff be delegated the authority to update relevant Human Resource
policies that may contain dates which are superseded by negotiated or
legislated changes as outlined in Corporate Services report COR -2024-
514."
Carried
7.1.b New Dundee Road, Local Improvement, Petition Participation, DSD -2024-518
"That the General Manager, Infrastructure Services, be authorized to sign
a local improvement petition, specifically related to a city owned property
municipally addressed as 32 Ridgemount Street, which is a stormwater
facility owned by the City of Kitchener and within the identified local
improvement boundary, to allow staff to continue to review the feasibility of
the local improvement request, as outlined in Development Services
Department report DSD -2024-518."
Carried
7.1.c Biehn Drive and Sanitary Trunk Sewer Environmental Assessment, DSD -2024-
374
Carried, under Delegations
7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - DECEMBER 2,
2024
7.2.a Inclusionary Zoning - Updated Market Analysis, DSD -2024-498
Carried, as amended, under Delegations
8. UNFINISHED BUSINESS - NIL
9. NEW BUSINESS
9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC
None.
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10. QUESTIONS AND ANSWERS
Questions and answers were raised regarding the following:
• Receiving additional information on the potential partnership between the
Downtown Kitchener Business Improvement Area (BIA) and the city's
Downtown Ambassador program;
• The Region of Waterloo 2025 Budget; and,
• The $1 M Strategic Additions within the 2025 Budget allocated to
increased courts, including implementation timing and community
engagement.
11. 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.
11.1 1ST AND 2ND READING
Due to the previously declared conflict by Councillor P. Singh the by-law related
to the Official Plan Amendment and Zoning By-law related to Inclusionary Zoning
were voted on separately and were Carried.
The balance of the By-laws were then on and were Carried.
Moved by Councillor M. Johnston
Seconded by Councillor J. Deneault
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
11.1.a Being a by-law to amend Chapter 375 of The City of Kitchener Municipal
Code with respect to Tariff of Fees - Committee of Adjustment.
11.1.b Being a by-law to amend Chapter 380 of The City of Kitchener Municipal
Code with respect to Tariff of Fees - Planning Matters.
11.1.c Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
11.1.d To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
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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 Being a by-law to adopt Amendment No. 59 to the Official Plan -
Inclusionary Zoning.
11.1.h Being a by-law to amend By-law 2019-051 known as the Zoning By-law
2019 for the City of Kitchener — Inclusionary Zoning.
11.1.1 Being a by-law to amend By-law 85-1 known as the Zoning By-law for the
City of Kitchener — Inclusionary Zoning.
11.1.j Being a by-law to provide for a 2025 Interim Tax Levy and for the payment
of 2025 Interim Taxes
11.1.k To confirm all actions and proceedings of the Council for December 16,
2024.
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 D. Schnider.
12.1 ADMINISTRATIVE REPORTS
12.1.a Increase in Disaster Mitigation and Adaptation Fund (DMAF) Purchase Orders
215113 and 214720, INS -2024-534
Moved by Councillor P. Singh
it was resolved:
"That Purchase Order 215113 for Q22-136 DMAF — PARTS - Schneider
Creek Naturalization be increased in the amount of $904,258, plus H.S.T.
of $117,553.54, for a total of $1,021,811.54, as outlined in Infrastructure
Services Department report INS -2024-534; and further,
That Purchase Order 214720 for Q22-051, DMAF Bundle A - New
Stormwater Management Facilities be increased in the amount of
$920,398.80 plus H.S.T. of $119,651.84, for a total of $1,040,050.64."
Carried
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12.1.b Committee Appointments to the Grand River Accessibility Advisory Committee
(GRAAC) (2025), CSD -2024-540
Moved by Councillor P. Singh
it was resolved:
"That the following applicants be appointed to represent a community
agency on the Grand River Accessibility Advisory Committee (GRAAC) for
a 4 -year term, on until a successor is appointed ending December 31,
2028:
o Robyn Jackson, Direct Funding Resource Coordinator, Independent
Living Waterloo Region"
Carried
12.1.c 2024 Report Back - Queen Victoria Statue, Victoria Park, COR -2024-539
Carried, under Delegations
12.2 FOR INFORMATION
12.2.a Indian Road Update, DSD -2024-524
12.2.b KW Joint Service Initiatives Committee 2024 Update, CAO -2024-525
12.3 ITEMS ARISING FROM IN -CAMERA
12.3.a City Owned Facility - Arts and Culture - Sustainability Review (Third -party
information supplied in confidence - Section 239 2 (i)) , DSD -2024-508
Moved by Mayor B. Vrbanovic
"That staff be directed to proceed in accordance with Development
Services department report DSD -2024-508."
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
Moved by Councillor D. Schnider
Seconded by Councillor S. Stretch
Carried
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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
Due to the previously declared conflict by Councillor P. Singh the by-law related
to the Official Plan Amendment and Zoning By-law related to Inclusionary Zoning
were voted on separately and were Carried.
The balance of the By-laws were then on and were Carried.
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That the by-laws be given third reading, namely:
14.1.a Being a by-law to amend Chapter 375 of The City of Kitchener Municipal
Code with respect to Tariff of Fees - Committee of Adjustment.
(By-law 2024-206)
14.1.b Being a by-law to amend Chapter 380 of The City of Kitchener Municipal
Code with respect to Tariff of Fees - Planning Matters.
(By-law 2024-207)
14.1.c Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
(By-law 2024-208)
14.1.d To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
(By-law 2024-209)
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 2024-210)
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14.1.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.
�M
14.1.8 Being a by-law to adopt Amendment No. 59 to the Official Plan -
Inclusionary Zoning.
HMEMU��
14.1.h Being a by-law to amend By-law 2019-051 known as the Zoning By-law
2019 for the City of Kitchener — Inclusionary Zoning.
14.1.i Being a by-law to amend By-law 85-1 known as the Zoning By-law for the
City of Kitchener — Inclusionary Zoning.
14.1j Being a by-law to provide for a 2025 Interim Tax Levy and for the payment
of 2025 Interim Taxes
14.1.k To confirm all actions and proceedings of the Council for December 16,
2024.
Mayor
us