HomeMy WebLinkAboutCouncil Minutes - 2022-03-21Council Meeting Minutes
March 21, 2022, 7:00 p.m.
Electronic Meeting
Present: Mayor B. Vrbanovic
Councillor S. Davey
Councillor D. Schnider
Councillor J. Gazzola
Councillor C. Michaud
Councillor K. Galloway-Sealock
Councillor P. Singh
Councillor B. loannidis
Councillor M. Johnston
Councillor D. Chapman
Councillor S. Marsh
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
B. Rowland, Director, Corporate Communications and Marketing
R. Bustamante, Director, Planning
N. Lobley, Director, Parks and Cemeteries
A. Fusco, Director Legislated Services/City Clerk
G. Stevenson, Manager, Development Planning
D. Saunderson, Deputy Clerk
1. COMMENCEMENT
The electronic meeting began with a Land Acknowledgement given by the
Mayor.
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1.1 Commemoration of the 2nd anniversary of the Covid-19 pandemic.
Mayor B. Vrbanovic acknowledged and commemorated and the second year
anniversary of the COVID-19 Global Pandemic. Council conducted a moment of
silence to honour those that were impacted.
2. MINUTES FOR APPROVAL
On motion by Councillor D. Schnider the minutes of the regular meeting held
February 28, 2022, and special meetings held February 28 and March 9, 2022,
as mailed to the Mayor and Councillors, were accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 Councillor P. Singh - 30 Francis Street South Official Plan Amendment
OPA/21/001/R/DE and Zoning By-law Amendment ZBA21/002/F/DE - DSD -
2022 -062
Councillor P. Singh declared a pecuniary interest with 30 Francis Street South
Official Plan Amendment OPA/21/001/R/DE and Zoning By-law Amendment
ZBA21/002/F/DE - DSD -2022-062 on the Planning and Strategic Initiatives
Committee report listed on the agenda this date as members of his family own
property in the vicinity of the subject project. Accordingly, he did not participate in
any discussion or voting regarding these matters.
4. COMMUNICATIONS REFERRED TO FILE
5. PRESENTATIONS
5.1 International Day for the Elimination of Racial Discrimination
Mayor B. Vrbanovic addressed Council on behalf of the International Day for the
Elimination of Racial Discrimination.
5.1.a Sharon Van Manen and Saba Oji, Equity and Anti -racism Advisory Committee
Sharon Van Manen and Saba Oji, Equity and Anti -racism Advisory Committee,
addressed Council on behalf of International Day for the Elimination of Racial
Discrimination. S. Oji presented overview on the work, purpose and
responsibilities of the Equity and Anti -racism Advisory Committee. S. Oji further
presented the mission, vision and values that have been established by the
Committee. S. Van Manen spoke to the International Day of Racial
Discrimination. S. Van Manen and S. Oji then responded to questions from
Council.
E
Councillor C. Michaud provided notice this date that she would be bringing
forward a Notice of Motion at the April 4, 2022, Special Council meeting related
to the intention to direct staff to establish an Access without Fear Policy.
5.1.b Jasmine Mwangi, Ayesha Munir and Chiharu Sanada Williams, Grand River
Collegiate Institute
Jasmine Mwangi, Ayesha Munir and Chiharu Sanada Williams, Grand River
Collegiate Institute students addressed Council on behalf of the International Day
of Racial Discrimination and responded to questions from Council.
6. DELEGATIONS
6.1 The Grand Watershed Trails Network
6.1.a Anne Crowe
A. Crowe, The Grand Trails Network, addressed Council related to a multi -use
section trail and specifically the potential connections within the Region that
would improve the connection through the City between West Montrose and
Cambridge. A. Crowe stated they she has approached City Staff related to
opportunities within the City and stated she was in attendance this date to
address the trail connection and note the importance of linkages across the
province and responded to questions from Council.
6.2 890-900 King Street West Official Plan Amendment OPA21/005/K/BB and
Zoning By-law Amendment ZBA21/008/K/BB - DSD -2022-089
Council considered Development Services Department report DSD -2021-089 -
related to Official Plan Amendment OPA21 /005/K/BB and Zoning By-law
Amendment ZBA21/008/K/BB for the property municipally addressed as 890-900
King Street West listed as item 7.3.b under the Planning and Strategic Initiatives
Committee report dated March 9, 2022.
Andrea Sinclair, MHBC Planning and Jodie Wacko, Cantiro King General Partner
Ltd. were in attendance in support of the subject application. In response to
questions, A. Sinclair stated in discussions with Planning staff it has been
acknowledged Site Plan Approval would not be granted unless the concerns
related to Dodd's lane and its accessibility were addressed. In response to further
questions, G. Stevenson stated staff would continue to work with the applicant
related to their proposed 5% affordable housing commitment, noting Council
could be kept apprised of the work surrounding that agreement.
Moved by Councillor D. Chapman
Seconded by Councillor P. Singh
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"That Official Plan Amendment Application OPA21/005/K/BB for Cantiro
King General Partner Ltd. requesting Special Policy Area 20 to permit a
mixed-use development with a Floor Space Ratio of 10.1 on the parcel of
land specified and illustrated on Schedule `A', be adopted, in the form
shown in the Official Plan Amendment attached to Development Services
Department report DSD -2022-089 as Appendix "A", and accordingly
forwarded to the Region of Waterloo for approval; and
That Zoning By-law Amendment Application ZBA21/008/K/BB for Cantiro
King General Partner Ltd. be approved in the form shown in the "Proposed
By-law" and "Map No. 1"; and
That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that
applications for minor variances shall be permitted for lands subject to this
Zoning By-law Amendment ZBA21/008/K/BB; and further,
Pursuant to the Planning Act, section 34(17), Council changes the
proposed by-law, attached as Appendix B to DSD -2022-089, as amended
by Council, and where Council has determined that no further notice is to
be given in respect of the changes to the proposed zoning by-law
amendment."
Carried
6.3 30 Francis Street South Official Plan Amendment OPA/21/001/R/DE and
Zoning By-law Amendment ZBA21/002/F/DE - DSD -2022-062
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a pecuniary interest with 30 Francis Street South Official Plan Amendment
OPA/21/001/R/DE and Zoning By-law Amendment ZBA21/002/F/DE - DSD -
2022 -062 on the Planning and Strategic Initiatives Committee report listed on the
agenda this date as members of his family own property in the vicinity of the
subject project. Accordingly, he did not participate in any discussion or voting
regarding these matters.)
Council considered Development Services Department report DSD -2021-062 -
related to Official Plan Amendment OPA/21/001/R/DE and Zoning By-law
Amendment ZBA21 /002/F/DE for the property municipally addressed as 30
Francis Street South listed as item 7.2.a under the Planning and Strategic
Initiatives Committee report dated March 9, 2022. In addition, Council was also in
receipt of written submissions from Chris Pidgeon, GSP Group, Evy & Milo
Mazan, John MacDonald and IN8 Development and Ridgewood Holdings Inc.
related to the subject applications.
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J. MacDonald addressed Council in opposition to the subject application for 30
Francis Street, stating in his opinion, the proposed development will not help to
assist with addressing affordable housing. J. MacDonald further advised the
proposed community benefits from the applicant should not allow for the
bonusing proposed and responded to questions from Council. In response to
questions, J. MacDonald advised the information he provided to Council on
March 18, 2022, via. email, noting it would be up to Council to determine whether
public disclosure of the information is necessary to assist Council in the
evaluation of the subject applications.
In response to questions, J. Readman and L. MacDonald stated they were not in
receipt of the information provided by the delegation and would not be able to
speak to whether the information could be evaluated or disclosed.
G. Stevenson stated in response to the matters raised at the Planning and
Strategic initiatives Committee, staff has spoken with the applicant and have
agreed to further amendments related to the Zoning By-law, as follows:
• Paragraph 3 - Section 776 ii) has been amended to add "accessory
amenity uses" as a prohibited use on the ground floor;
• Paragraph 3 - Section 776 iii) has been amended to add a regulation to
have a minimum of 250 square metres of non-residential commercial floor
area; and,
• Paragraph 3 - Section 776 vi) g) has been amended to add a regulation to
require 28 parking spaces which are designed for the future installation of
electrical vehicle supply equipment.
A motion was brought forward by Councillor D. Chapman, which was seconded
by Councillor B. loannidis to approve the recommendation arising from the March
7, 2022, Planning and Strategic Initiative Committee meeting, including the
proposed By-law amendments as recommended by G. Stevenson this date.
Councillor J. Gazzola requested a recorded vote.
Moved by Councillor D. Chapman
Seconded by Councillor B. loannidis
"That Official Plan Amendment Application OPA/21/001/F/DE for 30
Francis Kitchener Incorporated requesting a Specific Policy Area be
refused; and,
That Zoning By-law Amendment Application ZBA21/002/F/DE for 30
Francis Kitchener Incorporated be approved in the form shown in the
G�
`Proposed By-law', as amended by Council this date, and `Map No. 1',
attached to Report DSD -2022-062 as Appendix `A'; and,
That in accordance with Planning Act Section 45 (1.3 & 1.4), applications
for minor variances shall be permitted for lands subject to Zoning By-law
Amendment Application ZBA21/002/F/DE; and further,
Pursuant to the Planning Act, section 34(17), Council changes the
proposed bylaw, attached as Appendix B to DSD -2022-089, as amended
by Council, and where Council has determined that no further notice is to
be given in respect of the changes to the proposed zoning by-law
amendment."
In Favour (8): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor C. Michaud,
Councillor K. Galloway-Sealock, Councillor B.
loannidis, Councillor M. Johnston, Councillor S.
Marsh
Contra (2): Councillor J. Gazzola, and Councillor D.
Chapman
Carried (8 to 2)
6.4 Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b - Applying
New Residential Zones on Properties - DSD -2022-088 and Information
Report DSD -2022-157
Council considered Development Services Department report DSD -2021-088 -
City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law 2019-051
(Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b — Applying
Residential Zones), listed as item 7.3.a under the Planning and Strategic
Initiatives Committee report dated March 9, 2022. In addition, Council was also in
receipt of written submissions from Alina and loan Solomes and Larry Kotseff
and Ron Giesler related to CRoZBy.
Amanda Stellings, GSP Group, addressed Council related to the property
municipally addressed as 658 Stirling Avenue South and requested the property
retain its current Zoning rather being amended through CRoZBY.
Councillor D. Chapman brought forward a motion to approve the
recommendation arising from the March 9, 2022, Planning and Strategic Initiative
Committee meeting, which was seconded by Councillor P. Singh.
n.
Councillor B. loannidis brought forward an amendment, which was seconded by
Councillor C. Michaud to repeal and replace Clause 1 of the recommendation
with the following:
That City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-
law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage
2b - Applying Residential Zones), be approved in the form shown in the
"Proposed By-law" attached to Development Services Department report
DSD -2022-088 as Appendix A, with the following modifications:
1. That the Natural Heritage Conservation (NHC-1) zone be deleted
and replaced with the Low Rise Residential One (RES -1) zone for
80, 86, 92, 96, 100 & 110 Trussler Road, and;
2. That the Natural Heritage Conservation (NHC-1) zone be deleted
and replaced with the Low Rise Residential Two (RES -2) zone for
106 Robertson Crescent; 9, 15, 19, 25, 27, 29, 33, 37, 41, 45, 49,
53, 57, 61 & 65 Yellow Birch Drive; 98, 102, 106, 110, 114, 118,
122, 126, 130, 134, 138, 142, 146, 150 & 154 Stonehenge Place;
and 206, 210, 214, 218, 222, 226, 230, 234, 242, 246, 250, 254,
258, 262, 266, 270, 274, 278 & 282 Driftwood Drive, and;
3. That the Natural Heritage Conservation (NHC-1) zone and Low
Rise Residential One (RES -1) zone be deferred to a future stage of
CRoZBy for 27 Sunbridge Crescent, and;
4. That the Prime Agriculture (AGR -1) zone be deferred for the lands
outside of the Dundee North Secondary Plan area known as the
"Southwest Kitchener Planning Area (SKPA) Activa lands" and the
"Schlegel Bayer" lands pending the conclusion of the ongoing
Regional Official Plan review process, and;
5. That the RES -4 zone for 225, 231, 237, 241, 245, 249, 253, 257,
261, 265, 269, 273, 277, 281, 285, 289 & 293 Weber Street West
be deleted and replaced with RES -5 and site specific provision
(340).
6. That the zone for 1388 Highland Road West be changed to RES -7
with site specific provision (339), holding provision (27H), and
holding provision (35H), and;
7. That the zone for 15-105 Moorgate Crescent be changed to RES -7
with site specific provision (339) and holding provision (35H).
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8. That the Natural Heritage Conservation (NHC-1) zone be deferred
to a future stage of CRoZBy for 658 Stirling Avenue South, PLAN
230 LOT 171 & PLAN 230 LOT 172.
Councillor S. Marsh brought forward a further amendment which was seconded
by Councillor D. Schnider to amend the "Natural Heritage Conservation Zone
(NHC-1)" within Zoning By-law 2019-051 be deleted and replaced with "Natural
Conservation Zone (NHC-1).
It was further suggested and agreed due to the proposed amendment that the
following clauses be included in the resolution this date, to waive any further
notice requirements as outlined in the Planning Act:
"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
City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law
2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b —
Applying Residential Zones).; and further,
That in accordance with Planning Act Section 45 (1.3 & 1.4) applications
for minor variances and zoning by-law amendments shall be permitted for
lands subject to Zoning By-law Amendment Application
ZBA22/003/COK/RK."
Councillor J. Gazzola requested Councillor Marsh's amendment to be voted on
separately on a recorded vote and that the balance of the motion once amended
this date also be voted on, on a recorded vote.
Councillor Marsh's amendment was then voted on and was Carried on a
recorded vote with Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider,
C. Michaud, P. Singh, B. loannidis, M. Johnston and S. Marsh voting in favour;
and, Councillors J. Gazzola, K. Galloway-Sealock and D. Chapman voting in
opposition.
Councillor loannidis's amendment was then voted on and was Carried.
The following motion was then voted on, on a recorded vote.
Moved by Councillor D. Chapman
Seconded by Councillor P. Singh
"That City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-
law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage
2b — Applying Residential Zones), be approved in the form shown in the
"Proposed By-law" attached to Development Services Department report
DSD -2022-088 as Appendix A, with the following modifications:
1. That the Natural Heritage Conservation (NHC-1) zone be deleted
and replaced with the Low Rise Residential One (RES -1) zone for
80, 86, 92, 96, 100 & 110 Trussler Road, and;
2. That the Natural Heritage Conservation (NHC-1) zone be deleted
and replaced with the Low Rise Residential Two (RES -2) zone for
106 Robertson Crescent; 9, 15, 19, 25, 27, 29, 33, 37, 41, 45, 49,
53, 57, 61 & 65 Yellow Birch Drive; 98, 102, 106, 110, 114, 118,
122, 126, 130, 134, 138, 142, 146, 150 & 154 Stonehenge Place;
and 206, 210, 214, 218, 222, 226, 230, 234, 242, 246, 250, 254,
258, 262, 266, 270, 274, 278 & 282 Driftwood Drive, and;
3. That the Natural Heritage Conservation (NHC-1) zone and Low
Rise Residential One (RES -1) zone be deferred to a future stage of
CRoZBy for 27 Sunbridge Crescent, and;
4. That the Prime Agriculture (AGR -1) zone be deferred for the lands
outside of the Dundee North Secondary Plan area known as the
"Southwest Kitchener Planning Area (SKPA) Activa lands" and the
"Schlegel Bayer" lands pending the conclusion of the ongoing
Regional Official Plan review process, and;
5. That the RES -4 zone for 225, 231, 237, 241, 245, 249, 253, 257,
261, 265, 269, 273, 277, 281, 285, 289 & 293 Weber Street West
be deleted and replaced with RES -5 and site specific provision
(340); and,
6. That the zone for 1388 Highland Road West be changed to RES -7
with site specific provision (339), holding provision (27H), and
holding provision (35H), and;
7. That the zone for 15-105 Moorgate Crescent be changed to RES -7
with site specific provision (339) and holding provision (35H); and,
8. That the Natural Heritage Conservation (NHC-1) zone be deferred
to a future stage of CRoZBy for 658 Stirling Avenue South, PLAN
230 LOT 171 & PLAN 230 LOT 172; and,
9. That all references to "Natural Heritage Conservation Zone (NHC-
1)" within Zoning By-law 2019-051 be deleted and replaced with
"Natural Conservation Zone (NHC-1); and,
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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
City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law
2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b -
Applying Residential Zones); and further,
That in accordance with Planning Act Section 45 (1.3 & 1.4) applications
for minor variances and zoning by-law amendments shall be permitted for
lands subject to Zoning By-law Amendment Application
ZBA22/003/COK/RK."
In Favour (11): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor J. Gazzola,
Councillor C. Michaud, Councillor K. Galloway-
Sealock, Councillor P. Singh, Councillor B. loannidis,
Councillor M. Johnston, Councillor D. Chapman,
Councillor S. Marsh
Carried, unanimously on a recorded vote (11 to 0)
7. REPORTS OF COMMITTEES
7.1 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - MARCH 7,
2022
Moved by Councillor S. Marsh
Seconded by Councillor D. Schnider
"That the report of the Community and Infrastructure Services Committee,
dated March 7, 2022, listed as items 7.1.a. to 7.1.g. on the agenda this
date, be adopted."
7.1.a Summary Water Report - 2021, INS -2022-039
"That the 2021 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; and further,
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
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7.1.b Environmental Assessment (EA) Addendum to the Integrated Stormwater
Management Master Plan, INS -2022-102
"That Staff be directed to post the Revised Notice of Study Completion
Addendum to the Integrated Stormwater Management Master Plan
Schedule `B' Environmental Assessment Project File for the mandatory
30 -day review period, as outlined in Infrastructure Services Department
report INS -2022-102."
Carried
7.1.c Naming of a Private Street- 630 and 690 Benninger Drive - Activa Holding Inc.,
DSD -2022-064
"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 "Urbane Boulevard", "Ardor Avenue", "Reverie Way",
"Musing Street", "Moxie Lane", and "Mettle Way", as outlined in
Development Services Department report DSD -2022-064."
Carried
7.1.d Level 2 Type D Pedestrian Crossover- Stirling Avenue North at Lydia Street,
DSD -2022-044
"That a Level 2 Type D Pedestrian Crossover (PXO) be implemented on
Stirling Avenue North at Lydia Street, across the north approach of the
intersection, as outlined in Development Services Department report DSD -
2022 -044; and further,
That the Uniform Traffic Bylaw be amended accordingly."
Carried
7.1.e Uniform Traffic and Parking By-law Changes -ASE and Rates of Speed, DSD -
2022 -092
"That the draft by-law attached to report DSD -2022-092 be enacted to
repeal and replace the definition of a School Zone in Part II of By-law
2019-113; and,
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That the draft by-law attached to report DSD -2022-092 be enacted to add
the definition of a Neighbourhood Bikeway in Part II of By-law 2019-113;
and,
That the draft by-law attached to report DSD -2022-092 be enacted to
repeal and replace Section 11 No Stopping in School Zones in Part V of
By-law 2019-113; and,
That the draft by-law attached to report DSD -2022-092 be enacted to
repeal and replace Part XIV — Rates of Speed (km/h) of By-law 2019-113;
and,
That a new Schedule 28, which is the designated School Zones, be added
to the By-law listing the name and address of each school and which
roadways are covered by the By-law; and,
That Schedule 19, which is the Rates of Speed schedule, be removed
from the By-law; and further,
That the Uniform Traffic Bylaw be amended accordingly."
Carried
7.1.f Provincial Funding Agreement 2022-2024, DSD -2022-099
"That the Mayor and Clerk be authorized to sign a two-year funding
agreement with the Province of Ontario for the Small Business Centre to
deliver the core business information services, summer company and
starter company programs, as outlined in Development Services
Department report DSD -2022-099. Said agreement to be to the
satisfaction of the City Solicitor; and
That the General Manager, Development Services be authorized to
execute on behalf of the City of Kitchener any amendments to the two-
year funding agreement provided such amendments are to the satisfaction
of the City Solicitor; and further,
That the Manager, Waterloo Region Small Business Centre, and the
Executive Director, Economic Development, be delegated authority to
execute recipient grant agreements to the satisfaction of the City Solicitor
for the Starter Company Plus and Summer Company programs."
Carried
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7.1.g Corporate Climate Action Plan — 2022 Progress Update, Next Steps and Close
out - DSD -2022-072
"That Development Services Department report DSD -2022-072 concludes
milestone 4 and 5 for the Federation of Canadian Municipalities Partners
for Climate Protection Program (FCM PCP); and further,
That staff be directed to develop the next generation City of Kitchener
Corporate Climate Action Plan (CorCAP) utilizing the Council endorsed
TransformWR framework and report back to Council on the development
of the next generation Corporate Climate Action Plan in 2023."
Carried
7.1.h Housing for All Program Update — 2022 Year in Review, COR -2022-104
"That Council receive Corporate Services Department report COR -2022-
104 (Housing for All Program Update — 2022 Year in Review) for
information."
Carried
7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 7, 2022.
(Dealt with under delegations)
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 9, 2022.
(Dealt with under delegations)
8. UNFINISHED BUSINESS - NIL
9. NEW BUSINESS
9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC
Mayor B. Vrbanovic stated the Region of Waterloo municipalities are lifting the
state of emergency on March 25, 2022, related to the COVID-19 pandemic.
10. QUESTIONS AND ANSWERS
11. BY-LAWS
11.1 1ST AND 2ND READING
At the request of A. Fusco, Director, Legislated Services/City Clerk, Council
agreed to four additional By-laws related to matters listed on the Planning and
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Strategic Initiatives Committee report including - Zoning by-law amendment - 30
Francis Street South; Zoning By-law and Official Plan amendment - 890-900
King Street West and CRoZBy - Stage 2b - Applying Residential Zones.
Moved by Councillor D. Schnider
Seconded by Councillor K. Gall oway-Sealock
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
11.1.a Being a by law to provide for the establishing and laying out of part of
Otterbein Road as public highway in the City of Kitchener.
11.1.b 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.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 Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
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. 2019-113, being a by-law to regulate traffic
and parking on highways under the jurisdiction of the Corporation of the
City of Kitchener.
11.1.g Being a by-law to amend Chapter 101 of The City of Kitchener Municipal
Code with respect to Appointment of Staff.
11.1.h Being a by law to provide for the establishing and laying out of part of
South Creek Drive as public highway in the City of Kitchener.
11.1.i To confirm all actions and proceedings of the Council.
11.1.j By-law to adopt Amendment No. 117 to the Official Plan.
11.1.k Being a by-law to amend By-law No. 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — 890-900 King Street West.
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11.1.1 Being a by-law to amend By-law No. 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — 30 Francis Street South.
11.1.m Being a by-law to amend By-law 2019-051 known as the Zoning By-law
2019 for the City of Kitchener CRoZBy Stage 2b — Applying Residential
Zones.
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 Schnider.
12.1 TENDERS
D. McGoldrick, General Manager, Infrastructure Services, J. Lautenbach, Chief
Financial Officer and J. Readman, General Manager, Development Services,
were in attendance to respond to questions from Council related to the tenders.
12.1.a Q22-027 Gas Pipeline Construction - FIN -2022-110
it was resolved:
"That Quote Q22-027 Gas Pipeline Construction, be awarded to NPL
Canada Limited, Vaughn, Ontario, at their quoted price of $5,599,817,
plus H.S.T. of $836,754.30, for a total of $6,436,571.77 for the first year of
a three (3) year contract, with the option to renew for one (1) additional
two (2) year period."
Carried
12.1.b Q22-057 Montgomery Creek (Wilson Park between Wilson Avenue and Vanier
Drive) Restoration - FIN -2022-145
it was resolved:
"That Quotation Q22-057 Montgomery Creek (Wilson Park between
Wilson Avenue and Vanier Drive) Restoration, be awarded to 560789
Ontario Limited o/a R&M Construction,
Acton, Ontario, at their adjusted quoted price of $3,100,760.72, including
provisional items and contingencies of $149,425., plus H.S.T. of
$403,098.89, for a total of $3,503,859.61."
Carried
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12.1.c T22-005 Greenfield Avenue and Traynor Avenue (Carrol Street to Connaught
Street) RR - FIN -2022-146
it was resolved:
"That T22-005 Greenfield Avenue and Traynor Avenue (Carrol Street to
Connaught Street) Road Reconstruction, be awarded to Regional Sewer
and Watermain Ltd., Cambridge, Ontario, at their tendered price of
$3,387,196.39, including provisional items and contingencies of
$221,517.50, plus H.S.T. of $440,335.53, for a total of $3,827,531.92."
Carried
12.1.d Q22-058 Three (3) Hybrid Police Interceptor SUVs and One (1) Standard Hybrid
SUV - FIN -2022-148
it was resolved:
"That Quotation Q22-058 Three (3) Hybrid Police Interceptor SUVs and
One (1) Standard Hybrid SUV, be awarded to Parkway Ford Sales (1996)
Ltd., Waterloo, Ontario, at their quoted price of $214,202., plus H.S.T. of $
27,846.26, for a total of $242,048.26."
Carried
12.1.e Q22-018 Roof Replacement — KMA - Cooling Tower - FI N-2022-152
it was resolved:
"That Quotation Q22-018 Roof Replacement - Kitchener Memorial
Auditorium - Cooling Tower be awarded to Atlantic Roofers Ontario Ltd.,
Hamilton, Ontario, at their quoted price of $133,900., plus H.S.T. of
$17,602., for a total of $153,002.00."
Carried
12.2 ADMINISTRATIVE REPORTS
12.2.a Funding Support for THEMUSEUM Grant - INS -2022-141
In response to questions, J. Lautenbach agreed to provide an information report
at a future Council meeting regarding grant opportunities provided by the City
and the funding associated with those grants.
it was resolved:
"That $162,251 be allocated from the Facilities Management State of
Good Repair (SOGR) capital account to complete THEMUSEUM roof
replacement in 2022; and,
That, subject to the satisfaction of the City Solicitor and Chief Financial
Officer, Council approve entering into a legal agreement with
THEMUSEUM outlining the financial and reporting terms to manage the
Investing in Canada Infrastructure Program (ICIP) grant."
Carried
12.2.b Streamline Development Approval Fund (SDAF) - FIN -2022-155
it was resolved:
"That a total budget of $1,625,000 be established for Streamline
Development Approval Fund (SDAF) projects; and,
That funding for $625,000 be budgeted and transferred from the Building
Stabilization reserve fund with the balance coming from the SDAF grant;
and
That the Chief Financial Officer and General Manager of Development
Services be delegated authority, subject to the satisfaction of the City
Solicitor, to sign any relevant documentation and/or agreements pertaining
to the Streamline Development Approval Fund; and further,
That Council Approval Authority be waived, in accordance with the
Purchasing By-law, for the Procurement of Consulting Services greater
than $100,000, for any project that is partially or fully funded from the
SDAF."
Carried
12.2.c Temporary Supply Chain Measures, FIN -2022-149
it was resolved:
"That Council approve the following temporary measures for the
remainder of 2022 in response to current supply chain and inflation related
trends:
• Staff be delegated authority to award Solicitations that are within
the Council Approved Budget, thereby reducing the overall timing of
awards and increasing cost certainty for vendors; and,
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• Staff be directed to prioritize capital projects where needed, and
defer projects where appropriate to address anticipated capital
project shortfalls; and,
• Staff be authorized to transfer funds of up to 20% between projects
or from appropriate capital reserves to allow high priority projects to
still proceed; and,
• Staff be delegated authority to extend existing agreements by one
year to maintain continuity of operations and ensure a continuous
supply of goods or services."
In Favour (10): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor D. Schnider, Councillor C. Michaud,
Councillor K. Galloway-Sealock, Councillor P. Singh,
Councillor B. loannidis, Councillor M. Johnston,
Councillor D. Chapman, and Councillor S. Marsh
Contra (1): Councillor J. Gazzola
Carried (10 to 1)
12.2.d Applications for Cancellation, Refund, Reduction of Taxes - FIN -2022-147
J. Lautenbach was in attendance and responded to questions from Council.
it was resolved:
"That the applications to City Council for write-off, cancellation, reduction,
or refund of taxes totalling $217,173.11 as attached to Financial Services
Department report FIN -2022-147, be approved, pursuant to Sections 354
and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act)."
Carried
12.2.e 91 Moore Lease Agreement - Extend -a -family
Council considered a matter arising from an electronic in -camera meeting held
earlier this date.
it was resolved:
"That the General Manager, Infrastructure Services be authorized to
execute a two-year lease renewal with Extend -a -family at 91 Moore, with
In
terms and conditions generally consistent with the current lease
agreement, said agreement to be satisfactory to the City Solicitor."
Carried
12.3 FOR INFORMATION
12.3.a 2021 Statement of Remuneration and Expenses - FIN -2022-113
12.3.b 2021 Year End Variance - FIN -2022-130
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 C. Michaud
"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 B. loannidis
Seconded by Councillor K. Gall oway-Sealock
"That the by-laws be given third reading, namely:
14.1.a Being a by law to provide for the establishing and laying out of part of
Otterbein Road as public highway in the City of Kitchener.
(By Law No. 2022-028)
14.1.b 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 No. 2022-029)
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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 No. 2022-030)
14.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
(By Law No. 2022-031)
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 No. 2022-032)
14.1.f To further amend By-law No. 2019-113, being a by-law to regulate traffic
and parking on highways under the jurisdiction of the Corporation of the
City of Kitchener.
(By Law No. 2022-033)
14.1.g Being a by-law to amend Chapter 101 of The City of Kitchener Municipal
Code with respect to Appointment of Staff.
(By Law No. 2022-034)
14.1.h Being a by law to provide for the establishing and laying out of part of
South Creek Drive as public highway in the City of Kitchener.
(By Law No. 2022-035)
14.1.1 To confirm all actions and proceedings of the Council.
(By Law No. 2022-036)
14.1.j By-law to adopt Amendment No. 117 to the Official Plan.
(By Law No. 2022-037)
14.1.k Being a by-law to amend By-law No. 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — 890-900 King Street West.
(By Law No. 2022-038)
14.1.1 Being a by-law to amend By-law No. 85-1, as amended, known as the
Zoning By-law for the City of Kitchener — 30 Francis Street South.
(By Law No. 2022-039)
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14.1.m Being a by-law to amend By-law 2019-051 known as the Zoning By-law
2019 for the City of Kitchener — CRoZBy Stage 2b — Applying Residential
Zones.
(By Law No. 2022-040)
be taken as read a third time, be finally passed and numbered serially by
Clerk."
15. ADJOURNMENT
On motion, the meeting adjourned at 10:08 p.m.
` Clerk
Carried
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