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HomeMy WebLinkAboutCouncil Minutes - 2025-11-10�:T,,,,IE�I' � Council Meeting Minutes November 10, 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 Absent: Councillor S. Stretch Staff: D. Chapman, Chief Administrative Officer V. Raab, General Manager, Corporate Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services L. MacDonald, City Solicitor B. Cronkite, Director, Transportation Services G. Stevenson, Director, Development and Housing Approvals T. MaloneWright, Manager, Development Approvals K. Abu-Eseifan, Manager, Gas Supply & Engineering D. Saunderson, Deputy Clerk M. Mills, Committee Coordinator 1. COMMENCEMENT The meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 1 1.1 Remembrance Day Mayor B. Vrbanovic acknowledged Remembrance Day, highlighting the new commemorative veterans crosswalk at the Kitchener Memorial Auditorium, located at Borden Avenue North and East Avenue and honouring the bravery and selflessness of those who have served and continue to serve. 2. MINUTES FOR APPROVAL On motion by Councillor B. loannidis the minutes of the regular meeting held October 20, 2025, and special meetings held October 27, 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 / Illumination Request under Policy MUN-FAC-442 4.1.a Illumination -World Prematurity Day- November 17, 2025 4.1.b Illumination - International Day for the Elimination of Violence Against Women - November 25, 2025 4.1.c Flag - Albanian National Independence Day - November 28 - November 30, 2025 4.1.d Flag - National Day of Romania - December 1, 2025 4.1.e Flag - Greek Independence Day - March 20 - 28, 2026 5. PRESENTATIONS 5.1 Award Presentations - Transportation Services Barry Cronkite, Director, Transportation Services, acknowledged Karl Gallagher for being awarded Parking Staff Member of the Year, Canadian Parking Association and further acknowledged the City for being recognized for the Active Transportation Achievement Award, Transportation Association of Canada for the Downtown Cycling Grid. 6. DELEGATIONS 6.1 Zoning By-law Amendment Application, ZBA25/016/W/BB, 137 Woodhaven Road, 2394608 Ontario Inc., DSD -2025-370, listed as item 7.2.d Council considered Zoning By-law Amendment Application, ZBA25/016/W/BB, 137 Woodhaven Road, 2394608 Ontario Inc., DSD -2025-370, listed as item 7.2.d on the agenda this date. In addition, Council was in receipt of a written submission from Olya Alchits related to the subject application. T Malone -Wright, Manager of Development Approvals and G. Stevenson, Director Development & Housing Approvals were in attendance to respond to questions from Council. Olya Alchits was in attendance to respond to questions from Council. In response to questions, O. Alchits advised in good faith the property owner is willing to maintain open communication with the existing tenants, noting the owner is anticipating pursuing a demolition permit in 2026. O. Alchits stated the property owner would ensure to provide 3 months' notice of the demolition permit, followed by 120 additional days to end tenancy and will assist the existing tenants by providing 1.5 months compensation in rent. O. Alchits further advised, following construction the tenants would be offered a unit comparable in size and at a similar cost. Moved by Councillor P. Singh Seconded by Councillor D. Chapman "That Zoning By-law Amendment Application ZBA25/016/W/BB, for the property municipally addressed as 137 Woodhaven Road, requesting to amend Zoning By-law 2019-051 for 2394608 Ontario Inc. be approved in the form shown in the 'Proposed By-law' and 'Map No. 1', attached to Report DSD -2025-370 as Attachments 'A1' and 'A2', BE APPROVED, as outlined in Development Services Department report, DSD -2025-370." Carried 6.2 Draft Plan of Subdivision Application, 30T-23201, 1700 Strasburg Road & McBrine Drive, 2140221 Ontario Inc., DSD -2025-400, listed as item 7.2.e Council considered Draft Plan of Subdivision Application, 30T-23201, 1700 Strasburg Road & McBrine Drive, 2140221 Ontario Inc., DSD -2025-400, listed as item 7.2.e on the agenda this date. In addition, Council was in receipt from written submissions from C. Coguen, C. Stieler, G. Michalenko, K. Rath, T. Galloway, T. Clancy, R. Angold and M. Markham related to the subject application. Councillor J. Deneault left the meeting at this time. 3 T. Malone -Wright, Manager of Development Approvals and G. Stevenson, Director Development & Housing Approvals were in attendance to respond to questions from Council. Brandon Flewwelling was in attendance on behalf of the applicant in support of the application and to respond to any questions of Council if required. Councillor J. Deneault re-entered the meeting at this time. Karly Rath, Chantal Stieler, Mo Markham, Dr. Shane Mulligan, addressed Council in opposition to the subject application, expressing concerns with the inadequate consultation process with the indigenous community; and, the potential adverse environmental impacts on the adjacent Huron Natural Area. Councillor P. Singh left and re-entered the meeting at this time. Councillor A. Owodunni left and re-entered the meeting at this time. Charlotte Goguen who addressed Council on behalf of Luke Swinson, Ray Angod, Greg Michalenko, Leon Boreal and Yvonne Fernandes addressed Council in opposition to Draft Plan of Subdivision Application, 30T-23201, expressing further concerns with the inadequate consultation process with the indigenous community; and, the potential adverse environmental impacts on the adjacent Huron Natural Area. It was suggested that where opportunity permits the subject land should be incorporated into the Huron Natural Area to park. Dianne Rath and Alex Latta requested Council consider deferring the application to allow for further consultation and review of the subject application. It was suggested that where opportunity permits the subject land should be incorporated into the Huron Natural Area to park. Councillor P. Singh left and re-entered the meeting at this time. Florence Grunfelder, Martha Molnar, Dr. Donald Martocello, Dr. Nandita Basu, Natalie Wennyk, addressed Council in opposition to the recommendation as outlined in Report DSD -2025-400. Councillor A. Owodunni left and re-entered the meeting at this time. Alanah Jewell addressed Council in opposition to Draft Plan of Subdivision Application, 30T-23201, expressing concerns with the implementation of the guidelines as recommended by the Six Nation indigenous community and requested the application be deferred until those recommendations could be further addressed. M Tom Galloway addressed Council on behalf of Tom Clancy and Frank Glew who helped to found the Huron Natural Area during his time in Council in the late 1990's. T. Galloway provided some history related to the creation of the Huron Natural Area, noting while the subject property is adjacent to the Natural Area, the parcels that are currently owned by Activa Holdings would offer a greater significance to the natural area if the City is looking to expand the boundary in the future. T. Galloway then responded to questions from Council. Meredith Blunt, Zoe Catterall, Rida Sayed, Peggy Nickels addressed Council in opposition to Draft Plan of Subdivision Application, 30T-23201, expressing further concerns with the inadequate consultation process with the indigenous community; and, the potential adverse environmental impacts on the adjacent Huron Natural Area. Mayor B. Vrbanovic left the meeting at this time and Councillor S. Davey assumed the Chair. Mayor B. Vrbanovic re-entered the meeting at this time and resumed the Chair. Councillor J. Deneault left the meeting and re-entered the meeting at this time. Gail Schenck addressed Council in opposition to Draft Plan of Subdivision Application, 30T-23201 and requested Council defer the subject application until additional consultation can be done with the indigenous community; until a further review of the Cities vacancies rates; and, to review any adverse impacts on the Huron Natural Area as a result of the proposed development. Logan Soeder addressed Council in opposition to the recommendation as outlined in Report DSD -2024-400 and requested that Council consider deferring the subject application until the recommendations of the Six Nation can be further reviewed. In response to questions, B. Flewwelling advised, as part of the staff recommendation, there are 34 pages of conditions that would be required to be completed prior to the lots being eligible for development and as part of those conditions there will be further consultation with Six Nations of the Grand River. Questions were raised about the land dedication, B. Flewwelling noted as per the staff report, the property owner will be providing a land dedication as part of the approval that would result in additional lands being added to the Huron Natural Area. 6.3 Council proceedings to continue beyond 11:00 p.m. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider l "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 6.4 Draft Plan of Subdivision Application, 30T-23201, 1700 Strasburg Road & McBrine Drive, 2140221 Ontario Inc., DSD -2025-400, listed as item 7.2.e (Cont'd) In response to further questions, B. Flewwelling provided a summary of the studies that were required to support the proposed planning application. Questions were raised regarding the staff recommendation, B. Flewwelling noted while the existing property owner is proposing to create the parcels, as part of the approval staff have recommended the completion of an Urban Design Brief which will help to inform the future development of the lots. B. Flewwelling noted staff would need to work through detailed designs through the Site Plan approval process. In response to further questions, B. Flewwelling noted the applicant has completed the required ecological studies, noting through that process a 30M buffer to the Natural Area was proposed and the applicant wishes to maintain that that recommendation. 6.5 Recess and Reconvene The Council meeting then recessed as 10:33 p.m. and reconvened at 10:44 p.m., chaired by Mayor B. Vrbanovic, with all members present except Councillor S. Stretch. 6.6 Draft Plan of Subdivision Application, 30T-23201, 1700 Strasburg Road & McBrine Drive, 2140221 Ontario Inc., DSD -2025-400, listed as item 7.2.e (Cont'd) In response to questions, G. Stevenson stated that, as part of the conditions of approval, the applicant will be required to complete a scoped Environmental Impact Study and obtain Site Plan Approval. Regarding the duty to consult, G. Stevenson explained that the application was circulated to the Six Nations of the Grand River, noting that consultation with Indigenous communities is a relatively new process. He further advised that the zoning and land use designations for the subject property had been assigned prior to the implementation of these consultation requirements. When asked about the differences between the staff -recommended buffer and the recommendation provided by the Six Nations of the Grand River, Mr. n. Stevenson confirmed that the recommendation was shared with the applicant. He noted there may be some opportunity to review the buffer; however, final approvals will be determined through future approval processes. Questions were also raised regarding potential appeal rights. Mr. Stevenson clarified that the application may only be appealed by prescribed persons, and that there is no option for third -party appeals in this case. Finally, in response to further inquiries, Mr. Stevenson stated that if the applicant chose to develop the entire parcel without subdivision, they would have as -of - right permissions to proceed without requiring the subject application. Councillor A. Owodunni requested the question be called, which was voted on and was Carried. The following motion was then voted on, on a recorded vote. Moved by Councillor P. Singh Seconded by Councillor D. Chapman "That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, grant draft approval to Plan of Subdivision Application 30T-23201 in the City of Kitchener, for the property municipally addressed as 1700 Strasburg Road and McBrine Drive, for 2140221 Ontario Inc., subject to the draft plan and draft plan conditions attached to Development Services Department report, DSD -2025-400 as Attachment `A'; and, That the Mayor and Clerk be authorized to approve and execute an industrial Subdivision Agreement securing the Draft Plan of Subdivision conditions set out in Report DSD -2025-400, to the satisfaction of the City Solicitor, and that the City Solicitor be directed to register said agreement on title to the Subject Lands identified in Attachment `A' to report DSD - 2025 -400; and further, That the Updated Urban Design Brief Strasburg Technology Business Park, prepared by GSP Group, dated May 2025, amended September 2025, attached as Attachment `B' to report DSD -2025-400, be endorsed, and that staff be directed to implement this Brief through subdivision conditions and through future Site Plan Applications for individual lots at the discretion of the City's Director of Development and Housing Approvals with significant changes to this Brief to the satisfaction of Council." 7 In Favour (8): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor J. Deneault, Councillor C. Michaud, Councillor P. Singh, Councillor B. loannidis, and Councillor M. Johnston Contra (2): Councillor A. Owodunni, and Councillor D. Chapman Carried, on a recorded vote (8 to 2) 7. REPORTS OF COMMITTEES 7.1 HERITAGE KITCHENER - NOVEMBER 4, 2025 Moved by Councillor D. Chapman Seconded by Councillor C. Michaud "That the report of Heritage Kitchener, dated November 4, 2025, listed as item 7.1.a on the agenda this date, be adopted." Carried 7.1.a Heritage Permit Application HPA-2025-V-020 - Victoria Park Picnic Shelter, DSD - 2025 -436 "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2025-V-020 to permit the demolition of the picnic shelter at the property municipally addressed as 92 David Street/135 Water Street South (35 Dill Street) be approved in accordance with the supplementary information submitted with this application and subject to the following conditions, as outlined in Development Services Department report, DSD -2025-436: 1. That final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a demolition permit." Carried 7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - OCTOBER 27, 2025 Moved by Councillor P. Singh Seconded by Councillor D. Chapman "That the balance of the Planning and Strategic Initiatives Committee report, dated October 27, 2025, listed as items 7.2.a to 7.2.c and 7.2.f on the agenda this date, be adopted." Carried 7.2.a Demolition Control Applications, DC25/025/R/AS and DC25/026/R/AS, 15 and 16 Reinhardt Street, DSD -2025-402 "That Demolition Control Application DC25/025/R/AS requesting permission to remove an existing Single Detached Dwelling at 15 Reinhardt Street and Demolition Control Application DC25/026/R/AS requesting permission to remove an existing Duplex Dwelling at 16 Reinhardt Street, BE APPROVED, as outlined in Development Services Department report, DSD -2025-402." Carried 7.2.b Demolition Control Application, DC25/024/W/AA - 42 and 32 Windom Road, DSD -2025-439 "That Demolition Control Application DC25/024/W/AA requesting permission to remove an existing single detached dwelling located at 32 Windom Road and a single detached dwelling with an additional dwelling unit (attached) located at 42 Windom Road, BE APPROVED, as outlined in Development Services Department report, DSD -2025-439." Carried 7.2.c Community Engagement Review, COR -2025-435 "That staff be directed to update the Community Engagement Policy (GOV-COU-2010), as outlined in Corporate Services Department report, COR -2025-435, to be brought forward through a future Corporate Policy review update report." Carried 7.2.d Zoning By-law Amendment Application, ZBA25/016/W/BB, 137 Woodhaven Road, 2394608 Ontario Inc., DSD -2025-370 Carried, under Delegations 9 7.2.e Draft Plan of Subdivision Application, 30T-23201, 1700 Strasburg Road & McBrine Drive, 2140221 Ontario Inc., DSD -2025-400 Carried, under Delegations 7.2.f Enabling 4 Units - 1 Year Check in, DSD -2025-411 "That Council endorse the next steps for the Enabling 4 Units - 1 Year Check in, as outlined in Development Services Department report, DSD - 2025 -411." Carried 8. UNFINISHED BUSINESS 8.1 2026 Council and Committee Calendar, COR -2025-393 Moved by Councillor M. Johnston Seconded by Councillor D. Schnider "That the 2026 Council and Committee Calendar, as attached as Appendix `A to Corporate Services Department report COR -2024-459, be approved; and, That the Mayor in consultation with the Chief Administrative Officer and the Clerk be delegated the authority to schedule a Council meeting and/or Special Council on November 9, 2026, if required, and, That the Mayor in consultation with the Chief Administrative Officer and the Clerk will be delegated the authority to schedule additional Planning and Strategic Initiatives Committee (PSIC) meetings on Council meeting dates, where required, to address legislated Planning Act timelines; and further, That Council be permitted by resolution to reschedule meetings identified on the 2026 calendar where necessary." Carried, as amended 9. NEW BUSINESS 9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC None. 9.2 Notice of Motion - B. loannidis - Overuse of Salt - Winter Maintenance 10 Moved by Councillor B. loannidis Seconded by Councillor M. Johnston "WHEREAS road salt is a known toxic substance designated under the Canadian Environmental Protection Act because of tangible threats of serious or irreversible environmental and health damage from road salt; and, WHEREAS the Region of Waterloo, in collaboration with local municipalities, is actively attempting to mitigate salt pollution using existing policies, programs and site design measures that would be significantly more effective with supporting Provincial legislation; and, WHEREAS salt levels in Ontario's groundwater aquifers, creeks, rivers, and lakes have increasingly worsened since the 1970s, seriously affecting municipal drinking water sources and aquatic life; and, WHEREAS numerous situation analyses have recommended salt solutions involving liability protection, contractor certification, government approved Best Management Practices (BMPs) and salt management plans; and, WHEREAS increased numbers of slips and falls claims, and other injury/collision claims related to snow and ice, are resulting in salt applicators overusing salt beyond levels considered best practices; and, WHEREAS unlimited contractor liability is making it difficult or expensive for snow and ice management contractors to obtain insurance coverage, resulting in contractors leaving the business, thereby making it difficult for municipalities and private owners to find contractors; and, WHEREAS the Snow and Ice Management Sector (SMS) of Landscape Ontario is working with the Ontario government to institute a limited liability regime for snow and ice management, including enforceable contractor training/certification and government -approved BMPs for salt application; and, WHEREAS many Ontario municipalities have Salt Management Plans, but these often require updating considering improved science and better salt management practices now available; and, WHEREAS the City of Kitchener continues to promote the Region of Waterloo Smart About Salt training wherever the opportunity presents itself; and, 11 WHEREAS the City of Kitchener provides winter maintenance services in accordance with Ontario Regulation 239 (O. Reg. 239) of the Municipal Act (Minimum Maintenance Standards for Municipal Highways); THEREFORE BE IT RESOLVED THAT City Council urge the Province of Ontario, and the Attorney General of Ontario, to adopt limited occupier liability legislation that protects property owners, and managers and their contractors, including municipalities, from slip and fall lawsuits, provided that they have taken all reasonable steps to follow Provincial best - management practices for salt use in controlling snow and ice; THEREFORE BE IT FINALLY RESOLVED THAT the City of Kitchener urge the Province of Ontario, and the Attorney General of Ontario, to work urgently with key stakeholders including the Association of Municipalities of Ontario to develop legislation, including enforceable contractor training and a single set of Provincially -endorsed standard best management practices for snow and ice management." Carried 10. QUESTIONS AND ANSWERS None. 11. STAFF REPORTS 11.1 ADMINISTRATIVE REPORTS 11.1.a Gas Infrastructure Research Project, INS -2025-433 Khaled Abu-Eseifan, Manager, was in attendance to respond to questions to Council. Moved by Councillor S. Davey Seconded by Councillor M. Johnston That the Sponsored Research Agreement between University of Waterloo and City of Kitchener as proposed in Infrastructure Services Department report INS -2025-433 Attachment A be approved; and further, That the General Manager Infrastructure Services be authorized to execute said agreement, to the satisfaction of the City Solicitor. Carried 12 11.2 ITEMS ARISING FROM IN -CAMERA 11.2.a City Park Strategy - Potential Land Acquisition (Land Acquisition - Section 239 (2) (c)), INS -2025-410 Moved by Councillor D. Schnider Seconded by Councillor B. loannidis "That staff be directed to proceed with the land acquisition negotiations as outlined in the in -camera meeting discussions on November 10, 2025; and further, That the City Clerk be authorized to provide an acknowledgment letter to the property owner confirming Council's direction to allow for the land acquisition negotiation to proceed as discussed this date." Carried 12. BY-LAWS At the request of D. Saunderson, Manager, Council and Committee Services and Deputy 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 Moved by Councillor C. Michaud Seconded by Councillor A. Owodunni 12.1.a Being a by-law to close part of the public highway known as Nyberg Street, in the City of Kitchener. (By-law 2025-126) 12.1.b Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2025-127) 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. (By-law 2025-128) 13 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 J (y -law 2025-129) 12„1.e To further amend By -paw leo. 2003-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons witl'-u disability, and the issuing of permits in respect thereof. 12.1.E Being a By-law to amend By-law 2019-051, as amended, known as the Zoning ley -law for the City of Kitchener — 137 Woodhaven Road - 2394606 Ontario Inc. (By-law 2025-131) 12A g To confirm all actions and proceedings of the Council for November 10, 2025. 13 ADJOURNMENT T On motion, the meeting adjourned at 11.29 p,.rn. �o iwlayor EMMMIMMIM M perk M