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HomeMy WebLinkAboutCouncil Minutes - 2025-09-29Council Meeting Minutes September 29, 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 J. Deneault Councillor C. Michaud Councillor A. Owodunni Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Stretch Absent: Councillor D. Schnider Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services L. MacDonald, City Solicitor R. Bustamante, Dir Planning & Housing Policy/City Planner 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." 1 1.1 National Day for Truth and Reconciliation - September 30, 2025 Mayor B. Vrbanovic acknowledged this date, September 30th, 2025 as the National Day for Truth and Reconciliation and highlighted events that took place to mark the commemoration. 2. MINUTES FOR APPROVAL On motion by Councillor D. Chapman the minutes of the regular meeting held August 25, 2025, and special meetings held August 25, 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 Association des Francophones de Kitchener Waterloo -September 25 - September 29, 2025 4.2 Illumination Request under Policy MUN-FAC-442 4.2.a DCD Kids (Developmental Coordination Disorder) - October 6, 2025 5. PRESENTATIONS 5.1 Certificates of Achievement Mayor B. Vrbanovic acknowledged Sarah FitzPatrick, Supervisor, Office of Mayor & Council, Elizabeth Leacock, Constituency Assistant to Council, and Dan Chapman, Chief Administrative Officer, congratulating and thanking them on their 20 years of municipal service with the City of Kitchener. 5.2 Patrick Gilbride, Reep Green Solutions Patrick Gilbride, Reep Green Solutions, acknowledged the organizations 25 Years of Impact, highlighting the thousands of initiatives that have been taken to address climate change within our community. Several REEP initiatives were highlighted including but not limited to their program for creating healthier yards and neighbourhoods and growing equity, one tree at a time. P. Gilbride highlighted ClimateActionWR and a reminder that there are resources available to homeowners to improve energy savings in their homes. P. Gilbride provided a financial summary of the Reep Green Solutions and thanked Kitchener City Council for continuing to support their organization. P. Gilbride then responded to questions from Council. 6. DELEGATIONS 6.1 Notice of Motion - D. Chapman - Implications of Bill 17, listed as item 9.3 Council considered a Notice of Motion, brought forward by Councillor D. Chapman, related to Bill 17 - Provincial Legislation entitled Bill 17, Protect Ontario by Building Faster and Smarter Act, 2025. In addition, Council was in receipt of two written submissions from L. Intini and P. Nickels. Gail Schenk, Kim Charlesworth, Peggy Nickels and Hal Jaeger addressed Council in support of Councillor Chapman's motion. Councillor S. Davey brought forward a motion to defer the notice of motion to a Special Council meeting on October 6, 2025, to provide Council with additional time to review and confirm the preferred advocacy approach, which was seconded by Councillor P. Singh. The following motion was then voted on. Moved by Councillor D. Chapman Seconded by Councillor J. Deneault "That the following motion be deferred to the Special Council Meeting scheduled for October 6, 2025, to provide Council with additional time to review and confirm the preferred advocacy approach:" "WHEREAS municipalities are entrusted under the Planning Act with the power and responsibility to enact Official Plans and Zoning Bylaws to serve the public interest. WHEREAS the City of Kitchener has enacted Official Plans and Zoning Bylaws to the satisfaction of the Province and/or the Province's delegated authority. WHEREAS the City of Kitchener was the recipient of the 2025 Congress of New Urbanism Award (Congress of New Urbanism) and the 2025 Canadian Award for Planning Excellence (Canadian Institute of Planners) for its urban planning. WHEREAS the City of Kitchener exceeded its provincial housing targets two years in a row. WHEREAS the City of Kitchener exceeded its federal housing goals in 2024 and were deemed a top -performing city in Canada. 3 And WHEREAS the Province of Ontario's Bill 17 — "Protect Ontario by Building Faster and Smarter Act" weakens the capacity of a municipality to ensure a development application meets the public interest by a) preventing municipalities from enacting regulations to ensure communities are built to be energy-efficient and withstand the effects of extreme weather (Schedule 1, re: Section 35 (1.1) of the Building Code Act). b) limiting the means by which a municipality may screen a development application (Schedule 7, re: Section 17 (21.1) and (21.2), and Section 70.1 (1) 20.1) of the Planning Act) c) transferring municipal planning staff authorities to private development consultants (Section 17 (6.0.1), Section 34 (10.3.1), Section 41 (3.5.1), and Section 51 (19.0.1)) of the Planning Act) and d) permitting the Minister to reduce minimum setbacks by a singular percentage -- province -wide -- without regard for the particular zoning bylaws in effect or the particular public interest (Schedule 7, re: Section 34 (1.4) of the Planning Act) THEREFORE, BE IT RESOLVED that the City of Kitchener Council: 1) Urge the Province of Ontario to review Bill 17 so as to enable and promote municipalities' capacity to ensure that development applications meet the public interest. 2) Direct that a copy of this resolution be sent to: a) The Honourable Doug Ford, Premier of Ontario; b) The Honourable Rob Flack, Minister of Municipal Affairs and Housing; c) The Association of Municipalities of Ontario (AMO); d) The Ontario Big City Mayors (OBCM); e) All Ontario municipalities."" Carried, as amended M 7. REPORTS OF COMMITTEES 7.1 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - SEPTEMBER 8, 2025 Moved by Councillor P. Singh Seconded by Councillor D. Chapman "That the report of the Planning and Strategic Initiatives Committee, dated September 8, 2025, listed as items 7.1.a to 7.1.f on the agenda this date, be adopted." Carried 7.1.a Private Street Naming - 995 Amand Drive, DSD -2025-362 "That the City of Kitchener acknowledge that Kitchener Developments Inc. intends to name the following private streets as: o Amand Lane o Canyon Hill Drive o Sumac Lane o Azores Drive o Fig Lane within a multiple residential development located at 995 Amand Drive, in the locations as shown on the Site Plan attached as Appendix `A'; and further, That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of "Amand Lane, Canyon Hill Drive, Sumac Lane, Azores Drive and Fig Lane," as outlined in Development Services Department report, DSD -2025-362." Carried 7.1.b Uniform Traffic and Parking By-law Amendments, DSD -2025-327 "That parking be prohibited on the north (even -numbered) side of Otterbein Road from Dunnigan Court to a point 60 metres west thereof; and, l That parking be prohibited on the south (odd -numbered) side of Country Hill Drive from a point 26 metres west of Cherry Hill Drive to a point 28 metres west thereof; and, That parking be prohibited on the east (odd -numbered) side of Benesfort Drive from Benesfort Court to a point 23 metres south thereof; and, That parking be prohibited on the south (odd -numbered) side of Avalon Place from Southmoor Drive to a point 114 metres west thereof; and, That parking be prohibited on the east (odd -numbered) side of Karn Street from a point 85 metres north of Westmount Rd to a point 112 metres north thereof; and, That parking be prohibited on the east (even -numbered) side of Mooregate Crescent from a point 35 metres north of Hazelglen Drive to a point 30 metres north thereof; and, That parking be prohibited on the west (even -numbered) side of Madison Avenue South from a point 140 metres north of Courtland Avenue East to a point 40 metres north thereof; and, That stopping (8:OOam — 4:30pm, Monday to Friday) be prohibited on the north (odd -numbered) side of Shea Crescent from a point 30 metres east of Laurentian Drive to a point 26 metres east thereof; and, That stopping (8:OOam — 4:30pm, Monday to Friday) be prohibited on the south (odd -numbered) side of Parkland Crescent from Driftwood Drive to a point 53 metres west thereof; and further, That the Uniform Traffic Bylaw be amended accordingly, as outlined in Development Services Department report, DSD -2025-327. " Carried 7.1.c Uncollectable Utility Write -Off June 2025, FIN -2025-316 "That uncollectable utility accounts amounting to $121,784 be written off against the allowance for doubtful utility receivables, as outlined in Financial Services Department report, FIN -2025-316." Carried n. 7.1.d Uncollectable Miscellaneous Receivable Accounts Write -Off June 2025, FIN - 2025 -315 That uncollectable miscellaneous receivable accounts amounting to $12,341 be written off against the Allowance for Doubtful Receivables, as outlined in Financial Services Department report, FIN -2025-315. Carried 7.1.e Zoning By-law Amendment Application ZBA25/013/S/AP, 157 Schweitzer Street, 1000947521 Ontario Inc., DSD -2025-356 "That Zoning By-law Amendment Application ZBA25/013/S/AP for 157 Schweitzer Street, requesting a change in zoning from `Residential Three Zone (R-3)' in Zoning By-law 85-1 to `Low Rise Residential Four Zone (RES -4) with Site -Specific Provision (438)' in Zoning By-law 2019-051, be approved in the form shown in the Proposed By-law and Map No. 1 attached to Development Services Department report DSD -2025-356 as Attachment `A'." Carried 7.1.f Zoning By-law Amendment Application ZBA25/021/Q/AA, 434- 436 Queen Street South, Son Lien Pham, DSD -2025-341 "That Zoning By-law Amendment Application ZBA25/021/Q/AA (Son Lien Pham) requesting to amend Zoning By-law 2019-051, for the purpose of changing the zoning of the subject property, 434- 436 Queen Street South, from `Existing Use Floodplain Zone (EUF-1)' to `Existing Use Floodplain Zone (EUF-1) with Site Specific Provision (437)', 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 Development Services Department report, DSD -2025-341, as Attachment `A2'." 8. UNFINISHED BUSINESS - NIL 9. NEW BUSINESS 9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC None. Carried 7 9.2 Notice of Motion - B. loannidis - Commemorative Crosswalk Council considered a Notice of Motion, brought forward by Councillor B. loannidis, related to the installation of a commemorative crosswalk, which was seconded by Councillor C. Michaud. Rosa Bustamante, Director, Planning and Housing Policy was in attendance and responded to questions from Council. Moved by Councillor B. loannidis Seconded by Councillor C. Michaud "WHEREAS generations of Canadians have served our country and the world during times of war, military conflict, and peace; and, WHEREAS commemorative infrastructure such as decorative crosswalks can serve as meaningful public tributes to veterans and enhance civic awareness of their sacrifices; and, WHEREAS the City of Kitchener has received expressions of interest from community members and the Royal Canadian Legion regarding the installation of a veteran's crosswalk, and has reviewed examples from other municipalities. THEREFORE BE IT RESOLVED THAT City staff be directed to work with community partners to install a veteran's -themed commemorative crosswalk in a suitable location within the City of Kitchener, with consideration given to: - Design standards and material durability; - Consultation with the Royal Canadian Legion and local regimental associations; - Interpretive signage or commemorative plaques to accompany the crosswalk. THEREFORE BE IT FURTHER RESOLVED THAT City staff be directed to work with local Royal Canadian legion (RCL) partners to finalize a location and local design of the RCL national commemorative crosswalk and work to install it in time for Remembrance Day 2025, or as early as possible in 2026, weather dependent." Carried 9.3 Notice of Motion - D. Chapman - Implications of Bill 17 Carried, as amended, under Delegations 10. QUESTIONS AND ANSWERS 11. STAFF REPORTS 11.1 Items arising from In -Camera 11.1.a Potential Land Acquisition for future Stormwater Management (Solicitor Client Privilege & Potential Litigation Matter - Section 239 (2) (e) & (f)), COR -2025-406 Moved by Councillor M. Johnston Seconded by Councillor J. Deneault "That the City of Kitchener approve the expropriation of the below lands for the Schneider and Shoemaker Creeks Naturalization Project and works/municipal improvements associated therewith and/or incidental thereto, as discussed in an in -camera meeting of Council held on September 29, 2025, and described as follows: Fee Simple Full Taking: All of Lots 386-392, 404-409 and Part of Lots 400-403, Plan 262 and Part Lots 6 and 7 Streets & Lanes Kitchener and Part Lot 8 Plan 404, being Part 1 on 58R-12062 (All of PIN 22506-0024 (LT)), City of Kitchener, Regional Municipality of Waterloo (150-160 Borden Avenue South) (the "Property") That the Chief Administrative Officer is hereby authorized to execute on behalf of City Council, the Certificate of Approval and the Expropriation Certificate and all other notices and documents that are necessary to carry out the expropriation of the Property; and, That the City Solicitor be instructed to register a Plan of Expropriation for the Property within three months of granting of the approval to expropriate the Property, as required by the Expropriations Act; and, That the registered owner(s) of the Property be served with a Notice of Expropriation, a Notice of Possession, and any other notices or documents as required by the Expropriations Act for the Property after the registration of the Plan of Expropriation and the City Solicitor is authorized to take any and all actions required to enforce such notices, including but 9 not limited to any application pursuant to section 40 of the Expropriations Act; and, That the Chief Administrative Officer, be authorized to execute an agreement with the registered owner(s) of the Property with respect to the date of possession pursuant to section 39 of the Expropriations Act, in a form approved by the City Solicitor, or the City Solicitor is authorized to make an application undersection 39 of the Expropriations Act to adjust the date for possession specified in the Notice of Possession as may be required; and, If no agreement as to compensation is made with the Owner(s), the City Solicitor is directed to serve the statutory Offer of Compensation and payment on the registered owner(s) of the Subject Property in the amount of 100% of the market value as estimated by the City's appraiser, all in accordance with section 25 of the Expropriations Act, together with a copy of the appraisal report on which the Offer of Compensation is based; and, That the City staff, agents, or contractors are hereby authorized to enter and take possession of the Property on the day permitted under the Expropriations Act, or pursuant to any Court Order thereunder, or pursuant to any agreement entered into between the relevant owner(s) and the City of Kitchener; and, That the expropriation by-law as prepared by the City Solicitor and circulated to Council this date be referred to three readings of the By-laws for considering, approval and numbering by the City Clerk on the Council agenda of this date; and further, That the Chief Administrative Officer be authorized and directed to do all things required arising from the authorizations provided for in the expropriation by-law, to the satisfaction of the City Solicitor." 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 THREE READINGS 10 Moved by Councillor M. Johnston Seconded by Councillor J. Deneault "That the by-laws be given third reading, namely: 12.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2025-102) 12.1.b To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law 2025-103) 12.1.c 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 2025-104) 12.1.d 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 2025-105) 12.1.e Being a by-law to amend By-law 2023-135 to extend the time period for exemption from Pt Lt Ctl — Pt of Blocks 2, 6, 7, 11, 13-16 & Blks 4, 5, 8-10, 17, 18, 31 & 34, Reg Plan 58M-643 — Benninger Dr, Steph Crt, Steph St, Dominique St & Cresc. (By-law 2025-106) 12.1.f Being a by-law to amend By-law 2023-135 to extend the time period for exemption from Part Lot Control — Block 1 and Part of Blocks 2 and 14, Registered Plan 58M-643 — Benninger Drive. (By-law 2025-107) 12.1.g Being a by-law to amend By-law 85-1, as amended, and 2019-051, as amended, collectively known as the Zoning By-law for the City of Kitchener — 1000947521 Ontario Inc. —157 Schweitzer Street. (By-law 2025-108) 11 12.1.h Being a by-law to amend Byd w 2019-051, as amended, known as the Zoning I y -Il w for the City of I itch in it — Son Lien Pham rru 434- 435 Queen Street South. 12.1,1 Being a by-law of the City of Kitchener to approve the expropriation of certain property interests for the purposes of the Schneider Shoemaker Creeks Naturalization f roj t & work /municipal improvements is i t d therewith and/car incidental thereto. 12,1 J To confirm all actions and proceedings of the Council for September 29, 2025. On motion, the meeting adjourned at 831 p.m, IIYX ayar 4 12