Council Meeting Minutes

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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. Ioannidis
  • Councillor M. Johnston
  • Councillor D. Chapman
  • Councillor A. Clancy
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. Gilmore, Fire Chief
  • A. Fusco, Director Legislated Services / City Clerk
  • R. Bustamante, Director, Planning
  • G. Stevenson, Manager, Development Review
  • Natalie Goss, Manager, Policy & Research
  • D. Saunderson, Deputy Clerk

The meeting began with a Land Acknowledgement given by the Mayor and the singing of “O Canada.”

On motion by Councillor M. Johnston the minutes of the regular meeting held September 25, 2023 and special meetings held September 25, 2023 and October 2, 2023, as mailed to the Mayor and Councillors, were accepted.

Councillor Singh declared a pecuniary interest on part of Item 5.2 on the Special Council agenda earlier this date, related to the Potential Land Acquisition and Disposition (Land Acquisition and Disposition - Section 239 (c)) as his family owns property in the vicinity of a subject property and he did not participate in any voting or discussion related to that matter.

Mayor B. Vrbanovic presented the Long Service Volunteer Awards for neighbourhood associations and minor sports and on behalf of City Council, thanked them for their valued programs, events and services for Kitchener residents enjoy.

Mayor Vrbanovic recognized groups in Minor Sports Groups including, K-W Diving Club, 35 years of service; K-W Sports Council and KidSport, 25 years of service; K-W Track 3 Ski Club, 30 years of community contributions; K-W Youth Basketball, 40 years of service; Kitchener Waterloo Sertoma Speed Skating Club, 60 years of service; and, K-W Skating Club, 85 years of service.

Mayor Vrbanovic along with members of Council recognized the Huron Community Association for 10 years of service; Williamsburg Community Association for 15 years of service; North Six Neighbourhood Association (formerly Chandler Mowat Neighbourhood Association) for 30 years of neighborhood contributions; Settlers Grove Association for 15 years of continued programming; Greenbelt Neighbourhood Association for 45 years of neighbourhood contributions; Victoria Hills Neighbourhood Association for 50 years of service to our community; and, Mount Hope Breithaupt Park Neighbourhood Association for the association’s 40 years of neighbourhood contributions. 

Mayor Vrbanovic reported that over the past year 7 minor sports groups and 9 neighbourhood associations have celebrated a milestone anniversary. Together those the organizations recognized this evening, have contributed 630 years of service to Kitchener and we are so grateful!

As per Section 5.7. (b) of the City's Procedural By-law, Council passed a motion to add a delegation to the agenda this date, Heather Majaury and Jack Cooper, related to the Festival of Neighbourhoods 30th Celebration, which was voted on and was Carried.

Heather Majaury and Jack Cooper, Festival of Neighbourhoods, invited Council to their 30th Celebration of the Festival of Neighbourhoods being held on November 19, 2023 at Kitchener City Hall in the Rotunda.

Council considered Official Plan Amendment Application OPA23/012/W/CD, Zoning By-law Amendment Application ZBA23/022/W/CD, 83-87 Weber Street East, Brigade Holdings Corporation, DSD-2023-322, listed as item 7.2.c. on the agenda this date. Council was also in receipt of a written submission from S. Litt, Vive Development. G. Stevenson, Manager, Development Review, and R. Bustamante, Director, Planning, were in attendance to respond to questions from Council.

Pierre Chauvin, MHBC Planning and Stephen Litt, Vive Development were in attendance in support of the subject applications and address the discussions had with staff since initial consideration of the applications at the Planning and Strategic Initiatives Committee meeting on October 2, 2023. P. Chauvin advised since that time a revised application was submitted now proposing an increased building height from 25 to 32 storeys, increased unit count from 336 to 443, increased the floor space ratio (FSR) from 14 to 18, and, and to increase the number of 1 bedroom units from 241 to 346, the number of two bedroom units from 68 to 97, and to remove the proposed 27 three bedroom units. The increased density would also allow for the following proposed community benefits; 40% energy savings over building code, using heating of the building primarily through air source heat pumps, 24 units will be affordable for a 20-year period which are a 20% discount from market rent and 2 adaptable units and 2 universal design units, in addition to the minimum requirements under the Ontario Building Code. P. Chauvin further advised correspondence to existing tenants has been circulated and existing tenants have been offered accommodations at other properties owned by Vive; and, that discussions have started with a third-party housing operator for future administration/management of these affordable housing units to ensure long-term affordability.

S. Litt addressed the written submission circulated earlier this date, noting the submission included further amendments to the application specifically related to the size of the building podium and a reduction to the side yard setbacks. S. Litt stated to accommodate the increased building height a larger podium would be required. S. Litt indicated the written submission also included a revised Zoning By-law that would reflect the proposed setbacks as being requested this date. In response to questions, S. Litt clarified the removal of the three bedroom units as noted was incorrect, there is no intention to remove any three bedroom units.

G. Stevenson addressed the revised application provisions and noted staff's recommendation to proceed with the application as originally provided, citing concerns with the increased tower revised development is less compliant to the tower separation guidelines (Design for Tall Building Guidelines), which has impacts to the development potential of adjacent lands. G. Stevenson further advised the written submission was circulated by the applicant only a few hours prior to the meeting, staff have not had the opportunity to undertake a formal review and are not in a position to make any recommendation related to the revisions proposed this date.

Members of Council asked questions regarding accommodation of the Stray Cats business on site, setback requirements on the side yard on west-side Scott Street of 5.9m, application review timelines and impacts of a potential delay, potential partnership with Kitchener Housing Incorporated, circulation of revised materials, and received responses from the delegates and G. Stevenson.   

Paul Raun addressed the proposed development, noting as a resident of the area, they are opposed to the development, including any potential density increases beyond what is included in the staff recommendation citing the environmental and climate impacts of tall towers compared to low rise developments. Members of Council asked questions regarding affordability of the proposed units, benefits of the proposed affordable units and received responses from the delegate.

In response to questions, G. Stevenson stated to ensure the City is not required to refund any of the application fees, as outlined in Provincial Legislation, Council would be required to render a decision on the applications no later than October 30, 2023.

  • Moved byCouncillor A. Clancy
    Seconded byCouncillor S. Davey

    "That the following motion be deferred to a Special Council meeting on October 30, 2023, to allow an opportunity for staff to further review the proposed amendments as discussed this date:

    "That Official Plan Amendment Application OPA/23/012/W/CD, for the property municipally addressed as 83-87 Weber Street East, for Brigade Holdings Corporation requesting a land use designation change from ‘Market District’ to ‘Market District with Specific Policy Area 9’ to permit a 25-storey mixed use development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-322 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA23/022/W/CD for Brigade Holdings Corporation be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2023-299 as Appendix ‘B; and further,

    That staff engage with the applicant for additional density, along with the addition of affordable housing and additional community benefits and report back for the October 16, 2023 Council meeting."

    Carried

Councillor J. Deneault left the meeting at this time.

Kevin White, Yes in my Backyard, addressed Council in support of the Notice of Motion, noting the impact of renovictions, prioritizing housing options that look the same as single-detached homes, and importance of middle-missing housing and responded to questions from Council. Martin Asling, Yes in my Backyard, was also in attendance to respond to questions from Council.

Councillor J. Deneault returned to the meeting at this time.

Councillor A. Owodunni left the meeting and returned to the meeting at this time

Councillor P. Singh left the meeting and returned to the meeting at this time.

Mayor B. Vrbanovic vacated the Chair and Councillor A. Owodunni assumed the role of the Chair.

Mayor B. Vrbanovic brought forward a Notice of Motion to direct staff to propose a zoning by-law amendment that would permit “as-of-right” permissions for up to four (4) residential units on a property wherever zoning permits single detached, semi-detached or street townhouse dwelling units on sufficient lot sizes and report back to Council in Q1 2024 the implementing zoning by-law may address criterion such as servicing capacity to support the proposed units.", the motion was seconded by Councillor P. Singh.

Members of Council asked questions regarding the Housing Accelerator Funding and the risk of losing any funding if not progressive in planning approvals, Bill 23 impacts towards housing approvals and provincial commitment to making municipalities whole due to changes in development charges legislation and received responses from J. Readman, General Manager, Development Services Department, J. Lautenbach, Chief Financial Officer, and Mayor B. Vrbanovic.

Current uptake in accessory dwelling units (ADU) and triplexes and timing of such developments were raised. In addition, the ability to accommodate the research in the timeframe was raised and Council received responses from R. Bustamante, Director, Planning, that all opportunities will be explored in the report back in Q1 2024.

Councillor D. Schnider left the meeting and returned to the meeting at this time.

Direction was given to staff to include affordability, increased density best practices, vertical parking accommodations, reducing minimum setbacks, impacts/abilities within Heritage Districts. 

Councillor J. Deneault left and returned to the meeting at this time.

  • Moved byMayor B. Vrbanovic
    Seconded byCouncillor P. Singh

    "WHEREAS Kitchener approved the Housing for All strategy in 2020 with a commitment to enabling more housing options and supply across the full housing spectrum; and,

    WHEREAS between 2016 and 2021, Kitchener experienced a population increase of 9.9 percent and is forecasted to grow by 52% to 409,200 people by 2051; and,

    WHEREAS in March 2023, Kitchener Council approved a commitment to the Ontario government’s Housing Pledge that included a provincially mandated housing target for Kitchener of 35,000 units by 2031; and,

    WHEREAS Kitchener approved a Missing Middle and Affordable Housing Study in April 2023 that among other things, recommended increasing density permissions city-wide to enable an increased supply of missing middle housing; and,

    WHEREAS the Government of Canada’s Housing Accelerator Fund (HAF) grant program represents an opportunity for the City to refine the policies, procedures and processes to manage development in an effort to increase the supply of housing consistent with our Housing for All Strategy and our Housing Pledge; and,

    WHEREAS the City of Kitchener currently permits “as-of-right” building permits for up to 3 residential units on a lot; and,

    WHEREAS the City of Kitchener would like to provide more affordable housing options by reducing unnecessary barriers; and, 

    WHEREAS Bill 23 amended the Planning Act to create a new provincial threshold for what is permitted and moving toward “as-of-right” zoning to meet planned minimum density targets; 

    THEREFORE, BE IT RESOLVED:

    That staff BE DIRECTED to propose a zoning by-law amendment that would permit “as-of-right” permissions for up to four (4) residential units on a property wherever zoning permits single detached, semi-detached or street townhouse dwelling units on sufficient lot sizes and report back to Council in Q1 2024. The implementing zoning by-law may address criterion such as servicing capacity to support the proposed units."

    In Favour (11)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor P. Singh, Councillor B. Ioannidis, Councillor M. Johnston, Councillor D. Chapman, Councillor A. Owodunni, Councillor J. Deneault, and Councillor A. Clancy
    Carried, unanimously on a recorded vote (11 to 0)

Councillor A. Owodunni left the meeting at this time.

  • Moved byCouncillor D. Chapman
    Seconded byCouncillor C. Michaud

    "That the report of Heritage Kitchener, dated October 3, 2023, listed as items 7.1.a to 7.1.c on the agenda this date, be adopted."

  • "That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 79-87 Scott Street/66-82 Weber Street East as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-416."

    Carried
  • "That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 120 Victoria Street South as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-410."

    Carried
  • "That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 28 Burgetz Avenue as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-412."

    Carried
  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That the report of the Planning and Strategic Initiatives Committee, dated October 2, 2023, listed as items 7.2.a and 7.2.b on the agenda this date, be adopted."

  • "That a traffic calming review for Dumfries Avenue between Stirling Avenue North and Edna Street be initiated in 2023, as outlined in the Development Services Department report, DSD-2023-408."

    Carried
  • "That Zoning By-law Amendment Application ZBA23/026/M/BB for the property municipally addressed as 7 Morrison Road, for Klondike Homes Ltd. for the purpose of removing Holding Provision 42H from the lands specified in the attached Map No.1, in the form shown in the “Proposed By-law, attached to the Development Services Department report DSD-2023-408 as Appendix A, be approved."

    Carried

Mayor B. Vrbanovic advised of correspondence from Minister Calandra seeking input from municipalities on the recommendations from the Housing Affordability Task Force, whether in support, and top priorities. A response from the City was issued and will be circulated to all of Council, in alignment with the recommendations from the Association of Municipalities of Ontario.

Councillor A. Owodunni returned to the meeting at this time.

Councillor P. Singh brought forward a Notice of Motion to direct staff to conduct a thorough review of the park dedication program, with a key focus on the dedication process for trees, benches, and other commemorative donations and present their findings and recommendations to City Council in spring of 2024, along with an implementation plan for any proposed changes to the dedication program, the motion was seconded by Councillor D. Schnider.

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Schnider

    "WHEREAS, the City of Kitchener has a long-standing informal park dedication program that allows citizens, organizations, and businesses to dedicate trees, benches, and other amenities throughout our city's parks, trails, and public spaces;

    WHEREAS, the current dedication process may involve unnecessary complexities, leading to delays and inefficient management of resources;

    WHEREAS, the Places and Spaces strategy development underway includes a review of the dedication program and community engagement has demonstrated support for a formalized dedication program;

    WHEREAS, the review of the dedication program will ensure that the dedication process is streamlined, transparent, and accessible, maximizing citizen participation and satisfaction;

    WHEREAS, the dedication of trees, benches, and other objects under this program holds significant value for commemorating loved ones, celebrating accomplishments, and fostering community engagement;

    WHEREAS, it is essential for the City of Kitchener to maintain an efficient and effective dedication program that aligns with our commitment to sustainability, inclusive community development, the City’s strategic initiatives and goals, and responsible resource management;

    THEREFORE BE IT RESOLVED that staff be directed to conduct a thorough review of the dedication program, with a key focus on the dedication process for trees, benches, and other commemorative donations; 
     
    FURTHERMORE, this review shall include, but not be limited to, the following aspects:
     
    1. Evaluation of the current dedication program's strengths and weaknesses, including feedback from Council, citizens, program participants, and relevant community stakeholders;
     
    2. Analysis of the administrative procedures involved in the dedication process, aiming to identify potential bottlenecks and areas for improvement;
     
    3. Examination of best practices and lessons learned from other municipalities with successful dedication programs for similar amenities;
     
    4. Assessment of resource allocation and cost recovery mechanisms related to dedications, ensuring sustainability and equitable access for all community members;
     
    5. Exploration and recommendation of technological solutions, such as online platforms or mobile applications, that could streamline the dedication process while ensuring transparency and accountability;
     
    THEREFORE BE IT FINALLY RESOLVED, that the staff shall present their findings and recommendations to City Council in spring of 2024, along with an implementation plan for any proposed changes to the dedication program."

    Carried
  • Questions were raised regarding development applications that result in displacement of residents and whether the City has tracking mechanisms through the site plan approval process and received responses from R. Bustamante.
  • Questions were raised regarding the Motion passed by Council directing work related to tenant displacement and the scope of that work and received responses from R. Bustamante.

11.

 

At the request of A. Fusco, Director, Legislated Services, City Clerk, Council agreed to consider the By-laws listed on the agenda this date under the heading late starter by-laws to be added to the agenda, as the reports of the Committees have been adopted and the associated By-laws also requiring approval. It was noted the By-laws for the Official Plan Amendment and the Zoning By-law Amendment for the property municipally addressed 83-87 Weber Street East, were not being requested for approval, as that matter has been deferred and will be included on the October 30, 2023 Special Council agenda for consideration. 

  • Moved byCouncillor P. Singh
    Seconded byCouncillor A. Owodunni

    "That leave be given the Mover and Seconder to introduce the following by-laws, namely:

On motion, Council resolved itself into the Committee of the Whole to consider its agenda and was Chaired by Councillor M. Johnston.

  • Moved byCouncillor J. Deneault

    it was resolved:

    "That effective immediately Marco Gambetti be appointed to the Committee of Adjustment for the term ending November 14, 2024, as outlined in Corporate Services Department report COR-2023-470; and,

    That effective immediately Tyler Marshall be appointed to the Heritage Kitchener Committee for the term ending November 14, 2024; and,

    That effective immediately Chidi Nwene and Brenda Reid be appointed to the Arts and Culture Advisory Committee for the term ending November 14, 2024; and further,

    That effective January 1, 2024, Becka Borody and David Cameron be reappointed to the Centre in the Square Board for the term ending December 31, 2026."

    Carried

Councillor P. Singh left the meeting at this time.

B. Gilmore, Fire Chief, was in attendance and responded to questions from Council.

  • Moved byCouncillor J. Deneault

    it was resolved:

    "That the purchase of three (3) fire apparatus as outlined in report Community Services Department report CSD-2023-468, be preapproved."

    Carried
  • Moved byMayor B. Vrbanovic

    it was resolved:

    “That the General Manager of Development Services be authorized to execute license extension agreements in accordance with the details set out in Development Services Department report DSD-2023-435, to the satisfaction of the City Solicitor.”

    Carried
  • Moved byCouncillor P. Singh

    it was resolved:

    “That the Mayor and Clerk be authorized to execute an operating agreement with the current operators of the Registry Theatre, known as J.M. Drama Alumni (or affiliated/related company), for the community theatre space municipally known as 122 Frederick Street, based on the proposed terms based discussed at the October 16, 2023 in-camera meeting of Council, with said agreement being to the satisfaction of the City Solicitor.”

    Carried

On motion, Council rose from the Committee of the Whole.

  • “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

On motion, the meeting adjourned at 10:08 p.m.