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:
  • 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
  • B. Rowland, Director, Corporate Communications and Marketing
  • D. Murray, Director, Technology and Innovation Services
  • A. Fusco, Director Legislated Services / City Clerk
  • G. Stevenson, Interim Director, Planning
  • Natalie Goss, Manager, Policy & Research
  • D. Saunderson, Deputy Clerk
  • A. Clark, Senior Urban Designer

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

On motion by Councillor D. Chapman the minutes of the regular meeting held May 29, 2023, and special meetings held May 29, June 5 and June 19, 2023, as mailed to the Mayor and Councillors, were accepted.

The Municipal Information Systems Association (MISA) Ontario presented the Excellence in Municipal Systems Award to the City of Kitchener, for the City's Growing Together Project. 

Councillor S. Davey entered the meeting at this time.

Carol Weber, delegated and presented two written petitions to Council, in support of expediating the Forest Heights Community Centre construction project, and adding additional pickleball courts at both Forest Heights Community Centre and Mill Courtland Community Centre due to the growing demand, low cost and pay-as-you-go booking process.  M. May, Deputy Chief Administrative Officer / General Manager, Community Services Department, responded to questions from Council.

Councillor B. Ioannidis left the meeting and re-entered the meeting at this time.

Councillor A. Owodunni left the meeting and re-entered the meeting at this time.

Council considered Development Services Department report DSD-2023-295, related to Lived Expertise Working Group (LEWG) - First Year Review, DSD-2023-295.

G. Stevenson, Interim Director, Planning, addressed Council regarding the partnership developed with the Lived Expertise Working Group in developing a work plan for Year 2 of the pilot, approved previously.  

David Alton and Char Lee, Lived Expertise Working Group, provided an overview of Year 1 activities undertaken by the Lived Experience Working Group to address municipal planning and communities experiencing homelessness. Two priorities of the Group were to support people living in encampments and bridge policies addressing housing and homelessness between the City and Region of Waterloo. Working with post-secondary institutions the Group has analyzed data and causes of homelessness, and worked with By-law Enforcement on a human rights approach to housing, homelessness and encampments.  

Members of Council enquired as to the working relationship of the Group with the City, in-house expertise to support needs, point-in-time counts on hidden homeless, newcomer advocacy, alignment with other engagement consultative approaches, overlap with the Region of Waterloo's Homelessness and Housing mandates, and received responses from the delegates.

Julian Ichim, addressed Council in support of the Lived Experience Working Group being extended into Year 2 and highlighted the work undertaken by the Group to address the causes of chronic homelessness. In response to questions from Members of Council, the delegate noted the need to partner with marginalized communities and youth, the homelessness and poverty picture project partnership with Wilfrid Laurier University, and systemic changes required at all levels of government to address issues.

Councillor A. Owodunni left the meeting at this time.

In response to questions from Council, G. Stevenson noted that the partnership with the LEWG in Year 2 will assist with furthering the studies and housing body of work. J. Readman further clarified the planned scope of the Housing for All work, and M. May addressed the approaches undertaken by By-law Enforcement towards encampments. J. Readman highlighted the work being undertaken within scope and realm of influence by the City, and the work being done by the Region of Waterloo and affordable housing providers to ensure housing is a human right.

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

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

Councillor M. Johnston brought forward a motion to approve the staff recommendation outlined in Report DSD-2023-295, which was seconded by Councillor C. Michaud.

Councillor P. Singh brought forward an amendment, which was seconded by Councillor B. Ioannidis:

 

"That staff be directed to develop a Lived Expertise Resident Working Group before the end of the current two-year pilot project, and that the City of Kitchener and the SDCWR continue to work together on a month-by-month basis, as per the Purchase of Services Agreement dated June 12, 2022, to continue to deliver the pilot project until the Lived Expertise Resident Working Group is formed; and further,

 

That the Lived Expertise Working Group Pilot funds be administered monthly and based on approved activities by the City of Kitchener until the Lived Expertise Resident Working Group is formed."

 

Questions were raised regarding the relationship between the LEWG and Social Development Centre Waterloo Region (SCDWR), provisions of the funding agreement, and the impact of the revocation of funding and responses were provided by J. Readman, General Manager, Development Services Department and the delegate.

  • Moved byCouncillor B. Ioannidis
    Seconded byCouncillor P. Singh

    "That the following motion be deferred to the August 28, 2023 Council meeting, to allow for an opportunity to further discuss the partnership with the Lived Expertise Working Group (LEWG) and Social Development Centre Waterloo Region (SDCWR) about the preferred approach to establish a City driven Lived Experience Working Group, and during this two month deferral, the City will continue to provide funding to the SDCWR in accordance with the previously approved agreement:

    "That the $30,000 already committed to the operation of the Lived Expertise Working Group (LEWG) for year 2 from Kitchener’s operating budget be allocated as outlined in DSD-2023-295; and,

    That the City transfer $23,600 to the SDCWR (Social Development Centre Waterloo Region) for year 2 costs in accordance with the Purchase of Services Agreement signed June 13, 2022; and further,

    That staff, together with the facilitator of the Lived Expertise Working Group, report back to Council at the conclusion of the pilot program in 2024 on next steps for the LEWG."

    Carried

Council considered Development Services Department report DSD-2023-254, listed as item 7.5.f. on the agenda this date recommending approval of Draft Plan of Subdivision 30T-19201, Official Plan Amendment Application OPA19/002/C/GS and Zoning By-law Amendment Application ZBA19/005/C/GS,263, for the property municipally addressed as 321- 325 Courtland Avenue East, 230 and 240 Palmer Avenue and 30 Vernon Avenue. In addition Council was in receipt of a written submission from Chris Pidgeon, GSP Group, responding to questions that were raised at the Planning and Strategic Initiatives Committee when the matter was initially considered.

Chris Pidgeon, GSP Group Inc., addressed Council in support of the subject applications. C. Pidgeon noted since the Planning and Strategic Initiatives Committee on June 19, 2023 the applicant has been in discussion with staff and have proposed the following changes to their applications including increasing the 7.8 Floor Space Ratio (FSR) of residential lots along the rear of the site near Borden Avenue, to an FSR of 8.7 for the same lots, increasing the total unit count increased by 640 units of overall. C. Pidgeon reported that 4 of the 13 residential towers will increase in heights from 125 storeys, by adding 40 storeys to the overall development of the project. Enhancements made to the affordable housing provisions were noted, previously 135 affordable housing units at 85% of the market rate were anticipated, which is now proposed to increase to 145 units. The Applicant is proposing to front-end the affordable housing units and now have 53 units established in July, as opposed to 21 units in the original application. C. Pidgeon addressed the deep subsidy for affordable housing being the cash contribution to the Working Centre which is proposed to be increased from $850,000 to $1million. C. Pidgeon then responded to questions from Council.

Geoff Martin addressed Council in support of the subject applications, but requested further consideration be given to more sustainable and climate neutral energy sources for the proposed development.

It was noted if the applications were going to be approved as suggested by the applicant this date, that an additional Clause needed to be included the resolution stating "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 ZBA19/005/C/GS.”

  • Moved byCouncillor P. Singh
    Seconded byCouncillor 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, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-19201 in the City of Kitchener, for the property municipally addressed as 321-325 Courtland Ave, 230 and 240 Palmer Ave and 30 Vernon Ave, for 321 Courtland Ave Developments Inc. subject to the conditions attached to Development Services Department Report DSD-2023-254 as Appendix ‘A’; and,

    That Official Plan Amendment Application OPA/19/002/C/GS 321 Courtland Ave Developments Inc. requesting a change in land use designation on the parcels of land specified and illustrated on Schedule ‘A’, be adopted, as amended at the June 26, 2023 Council meeting, in the form shown in the Official Plan Amendment attached to Report DSD-2023-254 as Appendix ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Deferral No. 8 from Map 6 - Natural Heritage System in the 2014 OP be lifted on the parcels of land specified and illustrated on Schedule ‘B’; be adopted, as amended at the June 26, 2023 Council meeting, in the form shown in the Official Plan Amendment attached to Report DSD-2023-254 as Appendix ‘B’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA19/005/C/GS for 321 Courtland Ave Developments Inc. be approved in the form shown in the ‘Proposed By-laws’, and ‘Map No. 1’, attached to Report DSD-2023-252 as Appendix ‘C’; and,

    That the Urban Design Report dated February 2023 and attached to Report DSD-2023-254 as Appendix ‘D’, be adopted, and that staff be directed to apply the Urban Design Report through the Site Plan Approval process;  and further,

    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 ZBA19/005/C/GS.”

    Carried, as amended

Council considered Development Services Department report DSD-2023-251, listed as item 7.5.c. on the agenda this date, entitled Growing Together - Engagement Summary Report Overview. In addition, Council was in receipt of a written submission submitted by Sheldon Atos. G. Stevenson, Interim Director, Planning, was in attendance to respond to questions from Council.

Hal Jaeger, spoke in opposition to the recommendation and requested that Council insert an equitable and verifiable definition of "Appropriate Transitions" into the Official Plan and commit to active planning that serves the community in a predictable, fair and lawful manner. Members of Council asked questions regarding preferred development standards and received responses from the delegate.

Peggy Nickels, Victoria Park Neighbourhood Association Development Committee, expressed concern about the long-term impact of high-density development. The need for other housing types to address the missing middle, greenspace needs, use of intensification across all Major Transit Station Areas (MTSA) and the need for additional workshops and ensure opportunities for more meaningful input were raised. 

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

Members of Council asked questions regarding missing middle allocation in the Major Transit Station Area (MTSA), engagement activities and received responses from the delegate.

Councillor A. Owodunni left the meeting at this time.

Sheldon Atos, expressed concern with the density of development in downtown Kitchener, incompatibility of such towers as they relate to existing development in the neighborhoods due to shadows and height, and the limited and scoped engagement activities undertaken to date. Members of Council asked questions regarding development of green space in the downtown and received responses from D. McGoldrick.

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

Councillor A. Clancy left the meeting at this time.

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

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

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That staff use the community input as summarized in the Growing Together Engagement Summary, attached as Attachment ‘A’ on Development Services Department report DSD-2023-251, to inform continued work on Growing Together."

    Carried
  • Councillor D. Chapman declared a conflict on this item. (Councilor D. Chapman declared a conflict with 7.2.a Official Plan Amendment Application OPA23/003/V/CD, and Zoning By-law Amendment Application ZBA23/007/MV/CD, 97-101 Park Street and 186-194 Victoria Street South, 1928393 Ontario Inc., DSD-2023-236, due to owning property within the vicinity the subject property and did not participate in any voting or discussion on the matter or the necessary By-laws.)
  • Councillor P. Singh declared a conflict on this item. (Councilor P. Singh declared a conflict with 7.2.a Official Plan Amendment Application OPA23/003/V/CD, and Zoning By-law Amendment Application ZBA23/007/MV/CD, 97-101 Park Street and 186-194 Victoria Street South, 1928393 Ontario Inc., DSD-2023-236, due to family owning property within the vicinity the subject property and did not participate in any voting or discussion on the matter or the necessary By-laws.)

Council considered  Official Plan Amendment Application OPA23/003/V/CD, and Zoning By-law Amendment Application ZBA23/007/MV/CD, 97-101 Park Street and 186-194 Victoria Street South, 1928393 Ontario Inc., DSD-2023-236.

Councillor C. Michaud left the meeting at this time.

Dave Galbraith, IBI Group, addressed Council in support of the subject applications. D. Galbraith stated since the June 5, 2023 Planning and Strategic Initiatives Committee, discussions have been had between staff and the applicant and revisions to the applications are being proposed this date to include the provision of 30 affordable housing units at 80% of market rate for a period of 25 years is an increase from 42 to 45 storeys, a Floor Space Ratio (FSR) increase from 7.7 to 8.5, and a reduction in parking spaces from 0.6 parking spaces per residential units rather than an 0.8 parking space for each dwelling.

A motion was brought forward by Councillor S. Davey, which was seconded by Councillor M. Johnston to approve the recommendation outlined in Report DSD-2023-236, including the proposed revisions as addressed by the applicant this date.

It was noted if the applications were going to be approved as suggested by the applicant this date, that an additional Clause needed to be included the resolution stating "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 ZBA23/007/V/CD.”

Councillor C. Michaud returned to the meeting at this time.

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

  • Moved byCouncillor S. Davey
    Seconded byCouncillor M. Johnston

    "That Official Plan Amendment Application OPA/23/003/V/CD for 1928393 ONTARIO INC. requesting a land use designation change from ‘Mixed Use Corridor’ to ‘Mixed Use Corridor with Special Policy Area 2’, for the property municipally addressed as 97-101 Park Street and 186-194 Victoria Street South, to permit a 42 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-2023-236 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA23/007/V/CD for 1928393 ONTARIO INC. be approved, as amended at the June 26, 2023 Council meeting, in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2023-236 as Appendix ‘B’; and further,

    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 ZBA23/007/V/CD.”

    Carried, as amended
  • Moved byCouncillor J. Deneault
    Seconded byCouncillor C. Michaud

    “That pursuant to Section 25.4.11 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, unanimously
  • Moved byCouncillor S. Davey
    Seconded byCouncillor B. Ioannidis

    "That the report of the Finance and Corporate Services Committee, dated June 5, 2023, listed as items 7.1.a to 7.1.f on the agenda this date, be adopted."

  • "That the Manager of the Kitchener Memorial Auditorium (The Aud) be authorized to execute talent offer sheets and talent purchase agreements, suite lease and rental agreements, as well as sponsorship agreements at The Aud in accordance with the approval parameters set out in Community Services Department report CSD-2023-233; said agreements to be to the satisfaction of the City Solicitor; and further,

    That the Director of Sport be authorized to execute sponsorship agreements, pertaining to The Aud, in accordance with the approval parameters set out in Community Services Department report CSD-2023-233; said agreements to be to the satisfaction of the City Solicitor."

    Carried
  • "That staff prepare an issue paper for the 2024 budget process requesting an annual allocation of funds for the ongoing operations of the Creative Hub at 44 Gaukel Street; and further,

    That staff assess various options of the long-term location of the Creative Hub, as outlined in Development Services Department report DSD-2023-143, and return to City Council with recommendations for consideration as part of the 2025 budget process."

    Carried
  • "That staff be directed to develop a Community Benefits Charge (CBC) strategy and bylaw, as outlined in Financial Services Department report FIN-2023-255."

    Carried
  • "That the proposed updates to Policy No. FIN-ACQ-560, Gas Purchase Policy, as proposed by Infrastructure Services Department report INS-2023-247 and provided in Appendix 'A' be approved."

    Carried
  • "That Councillors P. Singh, S. Davey, and A. Owodunni be appointed as the members of the Licensing Appeal Tribunal, as outlined in Corporate Services Department report COR-2023-246."

    Carried
  • "That staff be directed to implement the proposed traffic calming plan as outlined in Attachment 'A' (Manchester Road – Proposed Traffic Calming Plan) of Development Services Department report DSD-2023-209."

    Carried
  • Moved byCouncillor C. Michaud
    Seconded byCouncillor D. Chapman

    "That the report of Heritage Kitchener, dated June 6, 2023, listed as items 7.3.a to 7.3.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 97 Victoria Street North as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-223."

    Carried
  • "That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-2023-IV-007 be approved, as outlined in Development Services Department report DSD-2023-221, to permit the alterations of and a four-storey addition to the property municipally addressed as 369 Frederick Street, in accordance with the supplementary information submitted with the application and subject to the following condition:

      1. That final building permit drawings be reviewed, and heritage clearance be provided by Heritage Planning staff prior to the issuance of a building permit."

         

    Carried
  • "That the 2023 Kitchener Great Places - Mike and Pat Wagner Heritage awards, as outlined in Development Services Department reports DSD-2023-248 and Addendum Report DSD-2023-275, be awarded as follows:

    In the category of Preservation / Restoration:

          • 87 Scott Street; and,
          • 48 Ontario Street North; and further,

    In the category of Resources Rehabilitation / Adaptive Reuse:

          • 1 Queen Street North; and, 
          • 883 Doon Village Road."
    Carried

It was noted Council was in receipt of a written submission from Williamsburg Neighbourhood Association, related to Modernizing the City's Community Centre Operating Model and Related Guiding Policies, CSD-2023-125.

A motion was brought forward by Councillor M. Johnston, which was seconded by Councillor D. Schnider to approve the recommendation as outlined in Report CSD-2023-125, listed as Item 7.4.a. of the Community and Infrastructure Services Department report.

Councillor D. Chapman brought forward a motion, which was seconded by Councillor A. Clancy to amend Clause 1 of the resolution to state "That in the fall of 2023, the city’s Leisure Access (LAC) fee assistance program be expanded to cover all programming that is provided by Neighbourhood Associations through the City’s online program registration system (currently ActiveNet), and staff be directed to build the financial impact of that program expansion into the 2024 operating budget, as outlined in Community Services Department report CSD-2023-125", rather than restricting LAC programming to only those offered at City owned facilities.

Councillor D. Chapman's amendment was then voted on and was Carried.

A further amendment was brought forward by Councillor D. Chapman brought forward a motion, which was seconded by Councillor P. Singh to amend Clause 3 of the resolution to state "That in the fall of 2023, the City fund the cost of residents utilizing its Inclusion Support Worker program when participating in programs offered by a Neighbourhood Association through the City’s online program registration system (currently ActiveNet), and staff be directed to build the financial impact of that program expansion into the 2024 operating budget", rather than restricting Inclusion Support Worker program to only those programs offered at City owned facilities.

Councillor D. Chapman's amendment was then voted on and was Carried.

An amendment was moved by Councillor S. Davey, seconded by Councillor D. Schnider to amend the resolution to include clarification that access to registration software (presently Active Net) be included as a benefit to Neighbourhood Associations in the Neighborhood Association affiliation policy; and, that in addition to exploring extended early morning access, staff also be directed to explore later evening access to centres.

Councillor S. Davey's amendment was then voted on and was Carried.

The following motion was then voted on.

  • Moved byCouncillor M. Johnston
    Seconded byCouncillor D. Schnider

    "That in the fall of 2023, the city’s Leisure Access fee assistance program be expanded to cover all programming that is provided by Neighbourhood Associations through the City’s online program registration system (currently ActiveNet), and staff be directed to build the financial impact of that program expansion into the 2024 operating budget, as outlined in Community Services Department report CSD-2023-125; and,

    That, as a condition of affiliation with the City, all Neighbourhood Associations offering programs out of a city-owned community centre, be required to use the City’s Inclusion Support Worker program for all program participants who request such support/accommodation; and,

    That in the fall of 2023, the City fund the cost of residents utilizing its Inclusion Support Worker program when participating in programs offered by a Neighbourhood Association through the City’s online program registration system (currently ActiveNet), and staff be directed to build the financial impact of that program expansion into the 2024 operating budget; and,

    That access to registration software (presently Active Net) be included as a benefit to Neighbourhood Associations in the Neighborhood Association affiliation policy; and,

    That, the City’s Facility Booking Guidelines for Non-Profit Groups (MUN-FAC-415) be updated and clarified to reflect the following key elements: 

      1. It is vital to have a variety of programs, supports and services offered out of a community centre that meet the diverse needs of residents living in the surrounding neighbourhoods;
      2. Neighbourhood Associations are one of the City’s important partners in the delivery of programs offered at city-owned community centres. When making decisions about the allocation of space at a city-owned community centre, the space needs of Neighbourhood Association programs should be considered alongside the space needs of other diverse programming provided by other organizations and the City;
      3. Leveraging community organizations that have specific skills, expertise and experience to offer a variety of programs and supports out of a community centre is key to the success of the centre, and the health and wellbeing of residents living in the surrounding neighbourhoods;
      4. City staff have the final decision-making authority on the allocation and booking of space in a city-owned community centre; and,

    That, the City’s Neighbourhood Affiliation Policy (MUN-FAC-324) be amended to add a condition of affiliation requiring Neighbourhood Associations that provide programming out of a City-owned community centre to:

      1. Establish and publish online an equity, diversity and inclusion policy for the Association which, at a minimum, commits to providing a variety of programs at city-owned community centres that meet the diverse needs of the residents;
      2. Have all Neighbourhood Association Board members participate in city-organized and funded EDI training on a periodic basis; and,

    That, staff undertake a comprehensive review of the City’s current program registration processes (including potential improvements to ActiveNet), with a focus on improving the user experience for members of the public registering for programs and members of Neighbourhood Associations running programs; and,

    That an issue paper be prepared for Council’s consideration as part of the 2024 budget process that would outline the staffing and financial implications of opening city-owned centres on weekends, and earlier in the weekday mornings and later access in the evenings - potentially through a phased, multi-year approach; and,

    That, the City work with a representative group of Neighbourhood Associations to develop and launch a comprehensive, ongoing, city-wide promotional campaign to educate residents on the existence of the community centres and Neighbourhood Associations, as well as programs, services and supports that can be accessed at those centres; and,

    That the City test the creation of a multi-year partnership agreement between the City and one of the larger, more complex Neighbourhood Associations providing programs and other services out of a city-owned community centre and make a determination as to whether or not there is value in extending such agreements to other large Neighbourhood Associations in the future; and,

    That, the City’s Neighbourhood Affiliation Policy (MUN-FAC-324) be amended to add a condition of affiliation requiring Neighbourhood Associations that provide programming out of a City-owned community centre, and have generated more than $20,000 in revenue during the previous fiscal year, to:

      1. Provide the following financial information to the City on an annual basis: (1) total revenue generated during their previous fiscal year, (2) total expenses in their previous fiscal year, and (3) total funding held in reserves/savings.
      2. Establish and publish online a reinvestment policy that will outline how the Association will reinvest net-revenues generated through programming offered at City-owned community centres into the community; and,

    That, as a condition of affiliation, to support ongoing two-way sharing of information and collaboration between the City and Neighbourhood Associations providing programs out of a City-owned community centre, the Ward Councillor and a City staff person be invited to all Board meetings and the Association’s Annual General Meeting; and,

    That, as a condition of affiliation, Neighbourhood Associations providing programming out of a city-owned community centre, agree to turn over any unspent funding to the City prior to ceasing to operate; and that the City provide that funding to a future Neighbourhood Association in the area or invest it into the community centre and/or surrounding neighbourhoods previously served by that Neighbourhood Association; and,

    That, in order to ensure the city’s community centre operating model continually responds to changing circumstances and needs within the community, the City review and update its Facility Booking Guideline policy for non-profit groups (MUN-FAC-415), and Neighbourhood Association Affiliation policy (MUN-FAC-324) every five years; and further,

    That staff bring forward a status update on the changes outlined in Community Services Department report CSD-2023-125 prior to the end of the 2026 Council Term."

    Carried, as amended

Mayor B. Vrbanovic left the meeting at this time and Acting Mayor Councillor S. Davey assumed the role of the Chair.

Mayor B. Vrbanovic returned to the meeting at this time resumed the role of Chair.

It was suggested and agreed that prior to consideration of item 7.5.g Official Plan Amendment Application OPA22/016/H/BB and Zoning By-law Amendment Application ZBA22/028/H/BB, 130, 140 Highland Road and 270 Spadina Avenue, 270 Development Inc, DSD-2023-260, an additional clause needs to be added to that recommendation noting:

"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 ZBA22/028/H/BB.”

  • Moved byCouncillor P. Singh
    Seconded byCouncillor D. Chapman

    "That the report of the Planning and Strategic Initiatives Committee, dated June 19, 2023, listed as items 7.5.a to 7.5.h on the agenda this date, be adopted."

  • "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2005-170, as amended by By-law 2007-042, hereby grants draft approval to Condominium Application 30CDM-23202 for the property municipally addressed as 630 and 690 Benninger Drive in the City of Kitchener, subject to the conditions shown in Appendix “A” of Development Services Department report DSD-2023-252."

    Carried

The following motion was voted on separately on a recorded vote.

  • "That staff, in coordination with the Cities of Waterloo and Cambridge; and the Region of Waterloo, be directed to use the Discussion Paper in Attachment 1 as the basis for further consultation with the development industry, affordable housing providers, other affected groups and the public, as outlined in Development Services Department report DSD-2023-258; and further,

    That staff, in coordination with the Cities of Waterloo and Cambridge; the Region of Waterloo, be directed to develop a draft Inclusionary Zoning Official Plan policy and implementing Zoning By-law amendments, for Council’s consideration, in accordance with the directions set out in the Discussion Paper of Attachment A of Development Services Department Report, DSD-2023-258, and with consideration of the results of the consultation process and any subsequent analysis."

    In Favour (9)Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor P. Singh, Councillor B. Ioannidis, Councillor M. Johnston, Councillor A. Owodunni, and Councillor J. Deneault
    Contra (2)Councillor D. Chapman, and Councillor A. Clancy
    Carried, on a recorded vote (9 to 2)
  • "That staff use the community input as summarized in the Growing Together Engagement Summary, attached as Attachment ’A‘ on Development Services Department report DSD-2023-251, to inform continued work on Growing Together."

    Carried
  • "That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation By-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-22202 in the City of Kitchener, for the property municipally addressed as 1000 New Dundee Road, for Cachet Developments (New Dundee) Incorporated, subject to the conditions attached to Development Services Department report DSD-2023-237 as Appendix “A”, and further,

    That Zoning By-law Amendment Application ZBA22/021/N/KA to amend Zoning By-law 2019-051 for Cachet Developments (New Dundee) Incorporated, for the property municipally addressed as 1000 New Dundee Road be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Development Services Department report DSD-2023-237 as Appendix “B”."

    Carried
  • "That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-18202 in the City of Kitchener for the Vacant land on the corner of Bleams Road and Gehl Place, for 2079546 Ontario Limited (Mattamy Homes Canada), subject to the conditions attached to Development Services Department Report DSD-2023-256 as Appendix ‘A’; and,

    That Official Plan Amendment Application OP18/006/B/GS for 2079546 Ontario Limited requesting a change to the Land Use Designation on the parcels of land specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD-2023-256 as Appendix ’B’, and accordingly forwarded to the Region of Waterloo for approval; and further,

    That Zoning By-law Amendment Application ZBA18/007/B/GS to amend Zoning By-laws 85-1 and 2019-051 for 2079546 Ontario Limited be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Report DSD-2023-256 as Appendix ‘C’."

    Carried
  • "That Official Plan Amendment Application OPA22/016/H/BB for the property municipally addressed as 130, 140 Highland Road and 270 Spadina Avenue, for 270 Development Inc. be adopted in the form shown in the Official Plan Amendment attached to Development Services Department Report DSD-2023-260 as Attachments A, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and,

    That Zoning By-law Amendment Application ZBA22/028/H/BB for 270 Development Inc. be approved, as amended in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD-2023-260 as Attachments ‘B’; and,

    That the Urban Design Brief prepared by MHBC Planning, (Revised dated April 2023), attached as Attachment ‘C’ to report DSD-2023-260 be endorsed, and that staff be directed to implement the Urban Design Brief through future Site Plan Approval processes; and further,

    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 ZBA22/028/H/BB.”

    Carried, as amended
  • "That City Initiated Official Plan Amendment OPA23/001/K/TR, for the purpose of implementing Bill 13, Bill 109, and Bill 23, including policies to delegate certain minor zoning by-law amendments to staff, policies to update public consultation matters, and to update the Official Plan to reflect new Provincial legislation, be adopted in the form shown in the Official Plan Amendment attached to Development Services Department Report DSD-2023-239 as Appendix ‘A1’, and accordingly forwarded to the Region of Waterloo for approval; and,

    That City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR to amend Zoning By-law 85-1, be approved in the form shown in the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘B1’; and,

    That City Initiated Zoning By-law Amendment Application ZBA23/004/K/TR to amend Zoning By-law 2019-051, be approved in the form shown in the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘B2’, for the purpose of adding new regulations for developments no longer subject to site plan control relating to design and site functionality elements, and to align with new permissions for Additional Dwelling Units; and,

    That the By-law 2005-170 and By-law 2007-042 and By-law 2012-069, being the City of Kitchener Delegated Approval By-law, as amended, be repealed and replaced with the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘C’, to delegate minor zoning by-law amendments including the removal of Holding provisions and zoning by-law amendments which are minor in nature to make clerical, technical, administrative, and other minor amendments to the Zoning By-law to the Director of Planning; and,

    That the By-law 2007-41, as amended by By-law 2012-070, being Chapter 683 – Site Plan Control of the Municipal Code, as amended, be repealed, and replaced with the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘D’, for the purpose of updating the Municipal Code to align with revised site plan control requirements in the Planning Act; and,

    That the By-law 2013-093, being Chapter 620 - Demolition Control of the Municipal Code, be amended by the “Proposed By-law” attached to Report DSD-2023-239 as Appendix ‘E’, to include lands zoned RES 1 through RES-5 within the Demolition Control Area; and,

    That Council Policy MUN-PLA-1095 - Public Participation in the Planning Process, be amended by the “Proposed Council Policy” attached to Report DSD-2023-239 as Appendix ‘F’, to recognize current practices which include postcard notifications to property owners and occupants within 240 metres, to have digital Neighbourhood Meeting for development applications, and to allow for revised notice requirements; and,

    That Council Policy FIN-GRA-2006 - Development Charges Payment for Affordable Rental Housing and FIN-PLA-2031 - Affordable Housing Development Charges Waiver Policy, attached as Appendix ‘G’, be repealed in their entirety as due to recent changes to the Development Charges Act through Bill 23, non-profit housing developments are now exempt from paying Development Charges (DCs); and further,

    That two additional full time equivalent (FTEs) be added to the core complement of the Planning Division to support the timely review of development application in accordance with the timeframes prescribed by Provincial legislation."

    Carried
  • Moved byCouncillor P. Singh
    Seconded byCouncillor M. Johnston

    "WHEREAS the City of Kitchener recognizes the importance of promoting sustainability and reducing electronic waste; and,

    WHEREAS the City of Kitchener has a responsibility to dispose of their end of useful life desktops and laptops in a sustainable manner; and,

    WHEREAS end of useful life desktops and laptops can still be used for charitable purposes; and,

    WHEREAS donating these devices can provide much-needed resources to community members and charitable organizations in Kitchener; and,

    WHEREAS the City of Kitchener does donate end of useful life desktops and laptops to non-profit groups currently;

    THEREFORE BE IT RESOLVED that staff be directed to report back prior to the end of fall 2023, on the possible options to expand the ability to donate end of useful life desktops and laptops to community members and charitable organizations, considering relevant asset disposal procedures, software licensing considerations and distribution of these assets to provide maximum community benefit and promote sustainability." 

    Carried

It was suggested and agreed that an additional Clause be included in the Notice of Motion this date to provide for an exemption of the uniform traffic control by-law and parks by-law be granted for the use of e-assist on multi use trails by neuron e-bikes until the By-law with the proposed changes can be brought back to Council and be approved."

The motion was amended voted on Carried.

Members of Council asked questions speeds of e-scooters, trail and bicycle safety, trail signage and permitted activities, the Neuron scooter pilot and received responses from J. Readman.

  • Moved byCouncillor D. Schnider
    Seconded byCouncillor S. Davey

    "WHEREAS the Cities of Kitchener, Waterloo, Cambridge and the Region of Waterloo entered into an agreement with Neuron Mobility for the provision of a shared micro mobility program that includes E-Scooters and E-Bikes; and,

    WHEREAS over 125,000km of trips have already been taken region wide since April demonstrating demand and public buy in; and, 

    WHEREAS neuron e-bikes are not currently permitted to operate with e-assist on any Multi-use Trail beyond the municipal rights-of-way; 
     
    THEREFORE BE IT RESOLVED that staff be directed to amend the existing agreement with Neuron Mobility to extend the same use, rights and privileges to Neuron’s e-bikes as is offered for the electric kick scooters , including ridership on any multi-use trail beyond the municipal rights-of-way excluding unsurfaced trails such as granular and dirt trails under the ownership and/or operation of the City of Kitchener for the duration of the agreement; and, 
     
    THEREFORE BE IT FURTHER RESOLVED That City’s municipal by-laws be amended as necessary; and,

    THEREFORE BE IT FURTHER RESOLVED that the General Manager of Development Services be authorized to execute the amended agreement between the City of Kitchener and Neuron Mobility;

    THEREFORE BE IT FINALLY RESOLVED that an exemption of the uniform traffic control by-law and parks by-law be granted for the use of e-assist on multi use trails by neuron e-bikes until the By-law can be approved."

    Carried, as amended
  • Moved byCouncillor J. Deneault
    Seconded byCouncillor M. Johnston

    "WHEREAS the continued growth and success of one of Canada’s fastest growing communities and its largest innovation ecosystem as one of the top global ecosystems is reliant on efficient public transportation linkages between Kitchener and Toronto, not only for economic reasons but also for cultural, recreational and tourism opportunities; and,

    WHEREAS demand on the Kitchener line throughout the post-pandemic recovery period continues to see significant ridership growth, both during the week and on weekends,

    WHEREAS the Province is currently reviewing its plans to expand and improve the GO Train and Bus service in Southwestern Ontario;

    THEREFORE BE IT RESOLVED that the Kitchener City Council acknowledges the economic, cultural, recreational and social benefits that additional evening and weekend Go Train service connecting Kitchener to Toronto would have on our community, and further;

    THEREFORE BE IT FINALLY RESOLVED that Kitchener City Council advocates with Go Transit and the Province of Ontario for the prioritization and continued timely improvement and expansion of the GO Transit Kitchener line between Kitchener and Toronto, both during the week in terms of Two-way, All-day service during the week, and expanded service during weekends."

    Carried

Councillor A. Owodunni left the meeting at this time.

  • Moved byCouncillor S. Davey
    Seconded byCouncillor A. Owodunni

    "That City of Kitchener Council endorses the following three resolutions adopted at the Federation of Canadian Municipalities (FCM) 2023 Annual Conference & Annual General Meeting:

    "Establishing an Urgent Intergovernmental Platform on Mental Health: This resolution calls on the federal government to acknowledge mental health as a national emergency, to commit to tripartite policy discussions aimed at making mental health an integral part of Canada’s healthcare system and developing a comprehensive national mental health strategy; and,

    Urgent Action Needed to Address the Crisis of Homelessness: This resolution mandates FCM to call on the federal government to provide long-term funding and resource supports for local governments as they address homelessness, to ensure the sustainability of new supportive housing by urging provinces and territories to provide wraparound services, and to create a national strategy to support local efforts to scale up programs such as the Rapid Housing Initiative and Reaching Home; and further,

    New Growth Framework For Municipalities: This resolution firmly declares that Canada needs a modernized fiscal framework for municipalities, that FCM shall lead the development of a Municipal Growth Framework that links municipal financial capacity to factors such as national population growth and economic growth, and that FCM shall call on the federal government to engage with FCM in the development of that framework with a focus on new sources of municipal revenue."

    Carried
  • Questions were raised regarding boulevard signs and enforcement abilities; childcare programs within the city and newcomer resources that are available and responses provided.   

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

Councillor M. Johnston left the meeting at this time.

Councillor M. Johnston returned to the meeting at this time. 

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

12.

 

At the request of A. Fusco, City Clerk, Council agreed to consider two additional by-laws related to Planning and Strategic Initiatives report 7.2.a, 97-101 Park Street and 186-194 Victoria Street South; One additional by-law related to Planning and Strategic Initiatives report 7.5.d, 1000 New Dundee Road; Two additional by-laws related to Planning and Strategic Initiatives report 7.5.e, Draft Plan of Subdivision 30T-18202, Bleams Road and Gehl Place; Three additional by-laws related to Planning and Strategic Initiatives report 7.5.f, 263, 321-325 Courtland Avenue East, 230 and 240 Palmer Avenue and 30 Vernon Avenue; Two additional by-laws related to Planning and Strategic Initiatives report 7.5.g, 130, 140 Highland Road and 270 Spadina Avenue; and six additional by-laws related to Planning and Strategic Initiatives report 7.5.h, the implementation of Bill 13, Bill 109, and Bill 23.

Councillor P. Singh left the meeting at this time.

Due to the previously declared pecuniary interest, all By-laws related to Official Plan Amendment Application OPA23/003/V/CD, and Zoning By-law Amendment Application ZBA23/007/MV/CD, 97-101 Park Street and 186-194 Victoria Street South, 1928393 Ontario Inc., DSD-2023-236, were voted on separately and Carried. Councillor P. Singh and D. Chapman did not participate in any voting or discussion on this matter.

  • Moved byCouncillor B. Ioannidis
    Seconded byCouncillor J. Deneault

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

Council did not resolve into Committee of the Whole as item 12.1. on the agenda this date was already considered earlier in the agenda during the Delegations.

14.

 

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

Due to the previously declared pecuniary interest, all By-laws related to Official Plan Amendment Application OPA23/003/V/CD, and Zoning By-law Amendment Application ZBA23/007/MV/CD, 97-101 Park Street and 186-194 Victoria Street South, 1928393 Ontario Inc., DSD-2023-236, were voted on separately and Carried. Councillor P. Singh and D. Chapman did not participate in any voting or discussion on these matters.

  • Moved byCouncillor B. Ioannidis
    Seconded byCouncillor J. Deneault

    "That the by-laws be given third reading, namely:

On motion, the meeting adjourned at 11:30 p.m.