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HomeMy WebLinkAboutCouncil Minutes - 2025-03-03�:T,,,,IE�I' � Council Meeting Minutes March 3, 2025, 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 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 C. Spere, Director, Engineering G. Stevenson, Director, Development & Housing Approvals A. Fusco, Director Legislated Services / City Clerk D. Saunderson, Deputy Clerk E. Schneider, Senior Planner 1. COMMENCEMENT The meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada." Councillor P. Singh entered the meeting at this time. 1 1.1 International Women's Day on March 8, 2025 Mayor B. Vrbanovic acknowledged International Women's Day on March 8, 2025. 2. MINUTES FOR APPROVAL On motion by Councillor B. loannidis the minutes of the regular meeting held February 10, 2025 as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request under Policy MUN-FAC-442 4.1.a Copropcanada - Dominican Republic Independence Day - February 27, 2025 4.1.b Bulgarian Folklore Club - Kitchener - National Day of the Republic of Bulgaria - March 3 - 5, 2025 4.1.c The Period Purse - Menstrual Health Day - May 28, 2025 5. PRESENTATIONS - NIL 6. DELEGATIONS 6.1 Official Plan Amendment Application OPA24/012/K/ES and Zoning By-law Amendment Application ZBA24/024/K/ES, 4611 King Street East, Imperial Oil Ltd. c/o LJM Developments, DSD -2025-025, and addendum reports DSD - 2025 -053 and DSD -2025-104, listed as Item 8.1 Council considered Official Plan Amendment Application OPA24/012/K/ES and Zoning By-law Amendment Application ZBA24/024/K/ES, 4611 King Street East, Imperial Oil Ltd. c/o LJM Developments, DSD -2025-025, and addendum reports DSD -2025-053 and DSD -2025-104, listed as Item 8.1 on the agenda this date. In addition Council was in receipt of a written submission from Mike Milloy on behalf of the Pinegrove Neighbourhood Association. Brandon Flewwelling, GSP Group, advised a further revised development concept has been submitted, from 726 units to 545 units and the internal tower has been reduced from the original 22 to 14 storeys, a reduction from the original 33 to 26 storeys at the front of the subject property, the parking ratio has been amended 0.85 spaces per unit, and a removal of the proposed office use from the proposal to lessen the overall activity on the site and increased the proposed affordable units from 10 to 20 and while the amenity space hasn't been changed, E and will be subject to site plan approval and will be addressed at a later date. The delegate requested that Council approve the revised applications. The delegate then responded to questions from Council. Rollie Galbraith, delegated in opposition of the recommendation noting a lack of amenities spaces, lack of walkability for the proposed affordable housing units and unsafe traffic concerns in the absence of sidewalks. Garett Stevenson, Director, Development and Housing Approvals, L. MacDonald, City Solicitor and Eric Schneider, Senior Planner, then responded to questions from Council. Councillor P. Singh brought forward a motion, which was seconded by Councillor D. Chapman to approve the recommendation as outlined in the addendum Report DSD -2025-104 included on the agenda this date. Moved by Councillor P. Singh Seconded by Councillor D. Chapman "That Official Plan Amendment Application OPA/24/012/K/ES for Imperial Oil Limited c/o LJM Developments requesting to add Policy 15.D.12.80 to Section 15.D.12 and to add Specific Policy Area 80 to Map 5 — Specific Policy Areas in the Official Plan to facilitate a mixed use development having 545 residential dwelling units and 650 square metres of commercial space within two towers atop a shared podium with building heights of 14 and 26 storeys and a Floor Space Ratio (FSR) of 6.3, be approved, in the form shown in the Official Plan Amendment attached to Report DSD -2025-104025 as Attachments 'Al' and `A2', and, That Zoning By-law Amendment Application ZBA24/024/K/ES for Imperial Oil Limited c/o LJM Developments be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2024-104 as Attachments `B1' and `132', and further, 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 ZBA24/024/K/ES." In Favour (3): Mayor B. Vrbanovic, Councillor P. Singh, and Councillor S. Stretch Contra (8): Councillor S. Davey, Councillor D. Schnider, Councillor J. Deneault, Councillor C. Michaud, Councillor A. Owodunni, Councillor B. loannidis, Councillor M. Johnston, and Councillor D. Chapman 3 LOST (3 to 8) 6.2 New Dundee Road Local Improvement, DSD -2025-080, listed at item 7.2.h. Council considered New Dundee Road Local Improvement, DSD -2025-080, listed at item 7.2.h. Councillor S. Davey left and returned to the meeting at this time. Councillor S. Stretch left the meeting at this time. Councillor J. Deneault left the meeting at this time. Councillor A. Owodunni left the meeting at this time. Charles Ormston, delegated in opposition to the recommendation noting the heritage designation of the property and efforts and resources undertaken to restore and preserve the property including the septic system and well. The delegate then responded to questions from Council. Councillor A. Owodunni returned to the meeting at this time. Councillor S. Stretch returned to the meeting at this time. Councillor J. Deneault returned to the meeting at this time. Paul Grespan, delegated on behalf of Charles Ormston, noting the property at 508 New Dundee Road is not suitable to residential development and the proposed services pose challenges to the heritage property and requested that the charge applicable to the subject property be reduced to zero and charged to the property owners to the east of the development at Pinnacle Drive and Robert Ferrie Drive. The delegate then responded to questions from Council. Chris Spere, Director of Engineering, Garett Stevenson, Director, Development and Housing Approvals, Lesley MacDonald, City Solicitor and Dianna Saunderson, Deputy Clerk then responded to questions from Council. Councillor D. Schnider left and returned to the meeting at this time. Councillor J. Deneault left and returned to the meeting at this time. Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That a By-law to undertake the construction of a sanitary sewer and watermain on New Dundee Road, Regional Road 12, From Pinnacle Drive to 100m east of Robert Ferrie Drive, as a local improvement with petition M in accordance with O.Reg. 586/06 be approved in the form shown attached to Development Services Department report, DSD -2025-080; and further, That the General Manager of Development Services be authorized to approve and execute any agreements required to implement the local improvement project to construct a sanitary sewer and watermain on New Dundee Road as described in Development Services Department report, DSD -2025-080, to the satisfaction of the City Solicitor." Carried 7. REPORTS OF COMMITTEES 7.1 FINANCE AND CORPORATE SERVICES COMMITTEE - FEBRUARY 24, 2025 Councillor C. Michaud left the meeting at this time. Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That the report of the Finance and Corporate Services Committee, dated February 24, 2025, listed as items 7.2.a to 7.2.h on the agenda this date, be adopted." Carried 7.1.a Uncollectable Miscellaneous Receivable Accounts Write -Off December 2024, FIN -2025-023 "That uncollectible miscellaneous receivable accounts amounting to $28,642 be written off against the Allowance for Doubtful Receivables, as outlined in Financial Services Department report, FIN -2025-023." Carried 7.1.b Uncollectable Utility Write -Off December 2024, FIN -2025-022 "That uncollectable utility accounts amounting to $101,518 be written off against the allowance for doubtful utility receivables, as outlined in Financial Services Department report, FIN -2025-022" Carried l 7.1.c 2025 Neighbourhood Association Affiliation, CSD -2025-079 "That the list of proposed Neighbourhood Associations, as attached to the Community Services Department report, CSD -2025-079, be approved for affiliation for the year 2025 and added to the City's third -party liability insurance program." Carried 7.1.d 2025 Community Grants Tier 2, CSD -2025-047 "That 2025 community grants (Tier 2) in the amount of $233,653 be approved as outlined in Attachment A, to Community Services Department report, CSD -2025-047." Carried 7.1.e Proposed Changes to Kitchener's Great Places Awards Program, DSD -2025-067 "That the proposed amendments to Kitchener's Great Places Awards program, as outlined in Development Services Department, report DSD - 2025 -067, be endorsed." Carried 7.1.f Drinking Water Quality Management System (DWQMS) Management Review Summary for 2024, INS -2025-008 "That the City of Kitchener Drinking Water Quality Management Standard (DWQMS), Management Review Summary for 2024, be received for information, as outlined in Infrastructure Services Department report, INS - 2025 -008." Carried 7.1.g Summary Water Report 2024, INS -2025-009 "That the 2024 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, as outlined in Infrastructure Services Department report, INS -2025-009; and further, n. 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." Carried 7.1.h New Dundee Road Local Improvement, DSD -2025-080 Carried, under Delegations 7.2 HERITAGE KITCHENER - FEBRUARY 4, 2025 Moved by Councillor D. Chapman Seconded by Councillor M. Johnston "That the report of Heritage Kitchener, dated February 4, 2025, listed as item 7.1.a on the agenda this date, be adopted." Carried 7.2.a Kitchener's Great Places Awards Program Update - Mike and Pat Wagner Heritage Awards, DSD -2025-037 "That Heritage Kitchener endorse program amendments to the Kitchener's Great Places Awards with respect to the award recipient selection for the Mike and Pat Wagner Heritage Awards as recommended in Development Services Department report, DSD -2025-037." Carried 8. UNFINISHED BUSINESS 8.1 Official Plan Amendment Application OPA24/012/K/ES and Zoning By-law Amendment Application ZBA24/024/K/ES, 4611 King Street East, Imperial Oil Ltd. c/o LJM Developments, DSD -2025-025, and addendum reports DSD - 2025 -053 and DSD -2025-104, DSD -2025-104 LOST, Dealt with under Delegations 9. NEW BUSINESS 9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC Councillor C. Michaud returned to the meeting at this time. 7 Mayor B. Vrbanovic acknowledged the enactment of a tariff framework that will affect Canadian and United States economies as of midnight and the subsequent response by all levels of government is expected on a stimulus program to assist local municipalities. Dan Chapman, Chief Administrative Officer then responded to questions from Council. Councillor S. Stretch left and returned to the meeting at this time. Councillor S. Davey left the meeting at this time. 9.2 Notice of Motion - D. Chapman - Recorded Votes Councillor S. Davey returned to the meeting at this time. Councillor P. Singh left and returned to the meeting at this time. Councillor D. Chapman brought forward a Notice of Motion, which was seconded by Councillor J. Deneault, recommending an amendment to the City's Procedural By-law to conduct electronic votes for the majority of Council business, save and except those items of a procedural nature. A recorded vote was requested. Moved by Councillor D. Chapman Seconded by Councillor J. Deneault "WHEREAS Kitchener City Council strives to be accountable and transparent to the needs of the community; WHEREAS the City's procedural by-law (Chapter 25 of the Municipal Code) deems the minutes to be the formal public record for the meeting; WHEREAS the Council Chamber has been retrofitted with an enhanced audio-visual conferencing system with new features that allow for improved voting processes for members that attend virtually to vote in the same manner as those that are present in the Council Chamber; WHEREAS there would be greater transparency to the meetings and to the minutes if all votes conducted within meetings were recorded through the conferencing system and reflected within the minutes; THEREFORE, BE IT RESOLVED that the City Clerk be directed to prepare an amendment to the procedure by-law to require that when an electronic voting system is available every Member of Council or Committee present and participating in a vote on a motion, excluding n. procedural motions, vote on consent items, and by-laws, shall vote electronically. THEREFORE BE IT FURTHER RESOLVED that when an electronic voting system is used for a vote, the results will be displayed and recorded in the minutes of the proceedings. THEREFORE BE IT FINALLY RESOLVED that when an electronic voting system is not available every Member of Council or Committee present shall vote by a show of hands." In Favour (5): Councillor J. Deneault, Councillor A. Owodunni, Councillor M. Johnston, Councillor D. Chapman, and Councillor S. Stretch Contra (6): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor P. Singh, and Councillor B. loannidis LOST (5 to 6) 10. QUESTIONS AND ANSWERS Questions were raised regarding the ability to use snow removing equipment and removal of driveway windrows and potholes, Denise McGoldrick, General Manager, Infrastructure Services responded to questions from Council. Councillor J. Deneault left and returned to the meeting at this time. 11. BY-LAWS 11.1 1ST AND 2ND READING Moved by Councillor D. Chapman 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 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.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. 9 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 Being a By-law to amend By-law No. 2022-109 regarding the Procurement of Goods and Services. 11.1.e To authorize the construction of certain works on New Dundee Road, Kitchener as local improvements. 11.1.f To confirm all actions and proceedings of the Council for March 3. 2025. 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 ADMINISTRATIVE REPORTS 12.1.a 2025 Council Schedule Amendment, COR -2025-102 Moved by Councillor D. Schnider it was resolved: "That that 2025 Council and Committee schedule be amended to reschedule the Audit Committee meeting date of March 3, 2025 to April 7, 2025, as outlined in Corporate Services Department report COR -2025- 102; and further, The Council meeting and Audit Committee meeting date of June 30, 2025 be scheduled to June 23, 2025." Carried 12.1.b Request to Extend Timeline to Pass Designating By-law for 53 Church Street, DSD -2025-097 Moved by Councillor D. Schnider it was resolved: "That the 120 -day period of time referred to in paragraph 1 of subsection 29(8) of the Ontario Heritage Act (being the period between the Notice of Intention to Designate and the passing of the Designating By-law), be extended to June 30, 2025 in accordance with paragraph 1 of subsection 10 2(1) of Ontario Regulation 385/21 for the property municipally addressed as 53 Church Street, Kitchener." Carried 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 J. Deneault "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 A. Owodunni Seconded by Councillor C. Michaud "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 2025-024) 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 2025-025) 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 2025-026) 14.1.d Being a By-law to amend By-law No. 2022-109 regarding the Procurement of Goods and Services. (By-law 2025-027) 11 PMFIMM (By-law 2025-028) 14.1.E To confirm all actions and proceedings of the Council for March 3. 2025. ... ....... ayor . . ............. (By-law 2025-029) .................................... ........... erk III