The Kitchener Record

Council Meeting

March 20, 2023

Who was there

Present (11): Debbie Chapman, A. Clancy, Scott Davey, Jason Deneault, Bil Ioannidis, Margaret Johnston, Christine Michaud, Ayo Owodunni, Dave Schnider, Paul Singh, Berry Vrbanovic

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

Declared interests

Councillor C. Michaudon this item
Councillor P. Singhwith item 6.6 on the agenda this date respect to Official Plan Amendment and Zoning By-law Amendment - 146-162 Victoria Street South and 92-110 Park Street, due to a family member owning property within the vicinity of the subject property and did not participate in any voting or discussion on the matter
Councillor S. Daveywith item 6.5

What was decided (16 motions)

16 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

"That the decision of the Dog Designation Appeal Committee regarding an appeal filed by D. Johnson, wherein the Committee affirms the Dangerous Dog Designation applied to the dog ‘Misty’ by the Humane Society of Kitchener-Waterloo and Stratford Perth, be ratified and confirmed with modified conditions and as further amended at the Council meeting March 20, 2023, as outlined in Corporate Services Department report COR-2023-124."
Moved by Councillor C. Michaud, seconded by Councillor J. Deneault
Carried
"That Official Plan Amendment Application OPA22/10/C/BB for Cantiro Courtland GP requesting a change to the Land Use Designation 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-2023-065 as Appendix ‘A’ and ‘A1’, as amended, and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/17/C/BB for Cantiro Courtland GP, for the property municipally addressed as 45-53 Courtland Avenue East, be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Report DSD-2023-065 as Appendix ‘B’ and ‘B1’ and as amended; and further, That pursuant to Section 34(17) and of the Planning Act, R.S.O. 1990, c.P.13, as amended, and further notice if not required to be given in respect to Zoning By-law Amendment ZBA22/17/C/BB."
Moved by Councillor P. Singh, seconded by Councillor D. Chapman
Carried
Files: ZBA22
"That Official Plan Amendment Application OP17/003/F/GS for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. requesting a Commercial land use designation and Specific Policy Area 58 to permit a crematorium/cremator as an accessory use to a funeral home, on the lands specified and illustrated on Schedule ‘A’ and on Schedule ‘B’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-085 as Appendix ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 2019-051, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Report DSD-2023-085 as Appendix ‘B’; and 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 ZC17/010/F/GS, and That Council give approval under Section 83(3) of the Funeral, Burial and Cremation Services Act, to establish a Crematorium proposed at 507 Frederick Street; and further, That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be directed to send a copy of the Council decision to the Provincial registrar and the owner, and that staff also be directed to publish notice of the decision in The Record ne
Moved by Councillor P. Singh, seconded by Councillor B. Ioannidis
Carried
"That Official Plan Amendment Application OPA21/009/K/AP for Sportsworld Shopping Centre and Taylorwood Park Homes Inc. requesting a change in land use designation from Commercial Campus to Mixed Use with Specific Policy Area No. 59 to permit a high intensity mixed use development on the lands specified and illustrated on Schedule ‘A’ and Schedule ‘B’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-021 as Attachments ‘A1’ ‘A2’ and ‘A3’, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA21/014/K/AP for Sportsworld Shopping Centre & Taylorwood Park Homes Inc., for the property municipally addressed as 4396 King Street East & 25 Sportsworld Drive, be approved in the form shown in the Proposed By-law and Map No. 1, attached to report DSD-2023-021 as Attachments ‘B1’ and ‘B2’; and further, That the Urban Design Brief prepared by GSP Group Inc., dated February 2023, and attached as Attachment ‘C’ to report DSD-2023-021 be endorsed, and that staff be directed to implement the Urban Design Brief through future Site Plan Approval processes."
Moved by Councillor P. Singh, seconded by Councillor D. Chapman
Carried
Files: ZBA21
"That Council directs staff to complete further studies to update the Biehn Drive and Trunk Sanitary Sewer Extension Class Environmental Assessment - Environmental Study Report , prepared by BT Engineering, dated January 18, 2023; and, That Council directs staff to complete one additional consultation to be scheduled once the additional studies have been completed; and, That Council directs staff to use the remaining balance of the budget approved in 2020 for this EA to complete the additional work; and further, That staff reports back to Council with an updated Biehn Drive and Trunk Sanitary Sewer Extension Class Environmental Assessment (EA) Environmental Study Report in late 2023 or early 2024."
Moved by Councillor M. Johnston, seconded by Councillor D. Schnider
Carried
"That the report of the Community and Infrastructure Services Committee, dated March 6, 2023, listed as items 7.1.a to 7.1.e on the agenda this date, be adopted." 7.1.a Uncollectable Miscellaneous Receivable Accounts Write-Off December 2022, FIN-2023-032 "That uncollectable Miscellaneous Receivable Accounts amounting to $8,781 be written off against the Allowance for Doubtful Receivables, as outlined in Financial Services Department report FIN-2023-032."
Moved by Councillor M. Johnston, seconded by Councillor D. Schnider
Carried
"WHEREAS the City of Kitchener has committed to reducing carbon emissions by 50% by 2030, and has endorsed the Transform WR document highlighting that 49% of local emissions are from fuel consumption related to transportation; WHEREAS the federal government has developed the “Pan-Canadian Framework on Clean Growth and Climate Change” which states that The cost of inaction is greater than the cost of action: climate change could cost Canada $21-$43 billion per year by 2050 and stating that government will work to “(support) the shift from higher to lower-emitting types of transportation” p .18; WHEREAS the City of Kitchener has developed a “Cycling and Trails Master Plan” which focuses on “investing in trails and bike lanes to reduce automobile dependence and greenhouse gas emissions, provide more recreation and leisure options, increase social connections and physical activity, improve public health outcomes, and reduce infrastructure demands”; WHEREAS Transform WR states that we will work towards a future where “everyone has the opportunity to access and make sustainable choices”. Current federal policies and subsidies are disproportionately benefitting higher income people (car and home owners), and the effects of climate change disproportionately harm low income people; WHEREAS ebikes have been shown to be the most effective way to get people out of their cars and into healthier, more sustainable and affordable modes of transportation according to electrek.co; THEREFORE BE
Moved by Councillor A. Clancy, seconded by Councillor P. Singh
Carried
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
Moved by Councillor J. Deneault, seconded by Councillor D. Schnider
Carried
Files: ZBA21
it was resolved: "That $754,000 be transferred from the Water Infrastructure Program (WIP) Road Reconstruction General Account to the Conway Drive and Wayne Drive Road Reconstruction account to allow the project to proceed."
Moved by Councillor D. Schnider
Carried
it was resolved: "That the City leverage the Province of Ontario’s, Master Business Service Agreement U8364444 - Microsoft Enterprise Agreement, with Microsoft Canada, Toronto, Ontario, for a three (3) year period, with no options for renewal, provided a satisfactory contract is executed."
Moved by Councillor J. Deneault
Carried
it was resolved: "That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $295,065.32 as attached to Financial Services Department report FIN-2023-101, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 (“the Act”)."
Moved by Councillor D. Chapman
Carried
it was resolved: "That the list of proposed Neighbourhood Associations, as attached to the Community Services Department report CSD-2023-082, be approved for affiliation for the year 2023 and added to the City’s third-party liability insurance program; and further, That, before City Council’s summer recess, staff be directed to prepare a report outlining options for Council’s consideration that would support the following objectives: Strengthen, and modernize, collaborative partnerships between the City and community partners – including affiliated Neighbourhood Associations – operating out of City-owned community centres. Increase resident’s usage of City-owned community centres, where and when centres are not already being fully utilized (eg. expanding hours of operations, attracting additional partners). Diversify programs, services and supports offered out of City-owned community centres (either directly, or through partnerships) to reflect the increasingly diverse needs of Kitchener residents (e.g. mental health and wellness, supports for vulnerable populations, food distribution)."
Moved by Councillor M. Johnston
Carried
it was resolved: "That the Municipal Housing Pledge attached as Attachment “B” to report DSD-2023-063 titled “City of Kitchener Municipal Housing Pledge” be submitted to the Province as the City of Kitchener’s Municipal Housing Pledge."
Moved by Mayor B. Vrbanovic
Carried
“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."
Moved by Councillor P. Singh, seconded by Councillor S. Davey
Carried
"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 No. 2023-025) 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 No. 2023-026) 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. 2023-027) 14.1.d 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. 2023-028) 14.1.e Being a by-law to further amend By-law 2019-113, to regulate traffic and parking on highways under the jurisdiction of the City of Kitchener (By-law No. 2023-029) 14.1.f Being a by-law to adopt Amendment No. 22 to the Official Plan - 507 Frederick Street, 40 and 44 Becker Street. (By-law No. 2023-030) 14.1.g Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Henry Walser Funeral Home Ltd, - 507 Frederick Street, 40 and 44 Becker Street. (By-law No. 2023-031) 14.1.h Being a by-law to adopt Amendment No. 125 to the Official Plan - 45-53 Courtland Avenue East. (By-law No. 2023-032) 14.1.i Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Canti
Moved by Councillor M. Johnston, seconded by Councillor D. Chapman
Carried
Files: ZBA21
it was resolved: "That the Municipal Housing Pledge attached as Attachment “B” to report DSD-2023-063 titled “City of Kitchener Municipal Housing Pledge” be submitted to the Province as the City of Kitchener’s Municipal Housing Pledge." In Favour (11): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor J. Deneault, Councillor C. Michaud, Councillor A. Owodunni, Councillor P. Singh, Councillor B. Ioannidis, Councillor M. Johnston, Councillor D. Chapman, and Councillor A. Clancy
Moved by Mayor B. Vrbanovic
Carried

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