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Council Agenda - 2023-12-11
Council Meeting Agenda Monday, December 11, 2023, 7:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Pages 1. COMMENCEMENT The meeting will begin with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 1.1 Notice All -Council Meeting / Region of Waterloo & Area Municipalities - For Information Mayor and Members of Kitchener City Council have been invited to participate in a joint meeting with the Councils of the Regional Municipality of Waterloo and all Area Municipalities within the Region of Waterloo on Friday December 15, 2023 at 1:00 p.m. to be held at the Region of Waterloo, Council Chambers, 150 Frederick Street, Kitchener, further notice of the meeting will be published at www. reg ionofwaterloo. ca. 2. MINUTES FOR APPROVAL Minutes to be accepted as circulated to the Mayor and Councillors (regular meeting held November 6, 2023, and special meetings held November 6, November 20, November 27, and December 4, 2023.) - Councillor P. Singh 3. Q 5 C.1 7. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request Under Policy MUN-FAC-442 4.1.a Sai Mandir - November 25, 2023 PRESENTATIONS 5.1 Presentation of Appreciation to Outgoing Councillor Aislinn Clancy 5.2 Hospital Redevelopment - Status Update 5.2.a Ron Gagnon, Hospital President and CEO, Grand River Hospital and Mark Fam, President, St. Mary's Hospital DELEGATIONS Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 5:00 p.m. on December 11, 2023, in order to participate electronically. 6.1 Become a 'Better City for Pets' Request 6.1.a Justine Sparling, Dog Friendly KW 6.2 Official Plan Amendment Application OPA23/007/K/CD, Zoning By-law Amendment Application ZBA23/011/K/CD, 417 King Street West, Vanmar Developments 417 King GP Corp, DSD -2023-299 and Follow Up Report DSD -2023-552, listed as Item 8.8.1 6.2.a Andrea Sinclair, MHBC Planning REPORTS OF COMMITTEES 7.1 HERITAGE KITCHENER - NOVEMBER 7, 2023 7.1.a Notice of Intention to Designate 149-151 Ontario Street North under Part IV of the Ontario Heritage Act, DSD -2023-478 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 149-151 Ontario Street North as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-478. 7.1.b Notice of Intention to Designate 628 New Dundee Road under Part IV of the Ontario Heritage Act, DSD -2023-482 Page 2 of 99 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 628 New Dundee Road as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-482. 7.1.c Notice of Intention to Designate the Front Fagade of 144-150 King Street West under Part IV of the Ontario Heritage Act, DSD -2023-467 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 144-150 King Street West as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-467. 7.1.d Notice of Intention to Designate 24 Courtland Avenue East under Part IV of the Ontario Heritage Act, DSD -2023-456 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 24 Courtland Avenue East as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-456. 7.1.e Notice of Intention to Designate 26 Courtland Avenue East under Part IV of the Ontario Heritage Act, DSD -2023-457 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 26 Courtland Avenue East as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-457. 7.1.f Notice of Intention to Designate 58 Queen Street South under Part IV of the Ontario Heritage Act, DSD -2023-458 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 58 Queen Street South as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-458. 7.1.g Notice of Intention to Designate 66 Queen Street South under Part IV of the Ontario Heritage Act, DSD -2023-459 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 66 Queen Street South as being of cultural heritage value or interest as outlined in Development Services Page 3 of 99 Department report DSD -2023-459. 7.1.h Notice of Intention to Designate 73 Young Street under Part IV of the Ontario Heritage Act, DSD -2023-460 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 73 Young Street as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-460. 7.1.i Notice of Intention to Designate 4 King Street East/1 Queen Street North under Part IV of the Ontario Heritage Act, DSD -2023-479 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 4 King Street East/1 Queen Street North as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-479. 7.1.j Notice of Intention to Designate 2-22 Duke Street East under Part IV of the Ontario Heritage Act, DSD -2023-462 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 2-22 Duke Street East as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-462. 7.1.k Notice of Intention to Designate 40 Chapel Hill Drive under Part IV of the Ontario Heritage Act, DSD -2023-463 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 40 Chapel Hill Drive as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-463. 7.1.1 Notice of Intention to Designate 54-68 King Street West under Part IV of the Ontario Heritage Act, DSD -2023-464 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 54-68 King Street West as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-464. 7.1.m Notice of Intention to Designate 67 King Street East under Part IV of the Ontario Heritage Act, DSD -2023-465 Page 4 of 99 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 67 King Street East as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-465. 7.1.n Notice of Intention to Designate 70 Francis Street North under Part IV of the Ontario Heritage Act, DSD -2023-466 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 70 Francis Street North as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-466. 7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - DECEMBER 4, 2023 7.2.a Assisted Services Program - Grant, INS -2023-521 That subject to annual budget approval, Council provide a grant of up to $96k per year to The Working Centre to support the assisted services program (winter sidewalk clearing), as outlined in Infrastructure Services Department report INS -2023-521; and, That such a grant be adjusted based on the number of residential properties serviced year over year and be reflective of the operational costs incurred by The Working Centre to deliver services; and, That the grant is not eligible to be used for sub -contracting third party commercial contractors to perform the services outlined in this report, and further, That General Manager of Infrastructure Services be authorized to renew the grant agreement to provide the services outlined in this report and also in INS -20-010, subject to the satisfaction of the City Solicitor. 7.2.b Speed Limits in School Zones, DSD -2023-512 That the following motion be deferred to the December 11, 2023 Council meeting to allow staff an opportunity to continue conversations with the Region of Waterloo and provide additional information regarding automated speed enforcement times: "That school zones located on streets designated Major Community Collector and City Arterial maintain a consistent and static speed limit of 40 km/h, as outlined in Development Page 5 of 99 Services Department report DSD -2023-512; and further, That school zones located on streets designated Local and Minor Neighbourhood Collector maintain a consistent and static speed limit of 30 km/h". 7.2.c Rental Housing, Eviction and Displacement Study, DSD -2023-486 That staff be directed to engage the development industry and community stakeholders on a rental replacement by-law as outlined in Option 3 of Development Services Department report DSD -2023-486; and, That staff continue to work with community stakeholders to explore additional tools that may be within Kitchener's jurisdiction to support the transitioning of displaced residents; and further, That staff continue to collaborate with the Region of Waterloo on shared solutions related to rental housing, eviction, and displacement. 7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - DECEMBER 4, 2023 7.3.a Official Plan Amendment Application OPA23/009/T/CD, Zoning By-law Amendment Application ZBA23/014/T/CD, 50 Thaler Avenue & 300 Kinzie Avenue, City of Kitchener and Waterloo Catholic District School Board, DSD -2023-321 That Official Plan Amendment Application OPA23/009/T/CD for the properties municipally addressed as 50 Thaler Avenue & 300 Kinzie Avenue for the City of Kitchener and Waterloo Catholic District School Board, requesting a change of the Urban Structure component on the lands specified and illustrated on Schedule `A' and requesting a change in land use designation on the lands specified and illustrated on Schedule 'B', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -2023-321 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/014/T/CD for the City of Kitchener and Waterloo Catholic District School Board be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Development Services Department report DSD -2023- 321 as Appendix `B'. 7.3.b Zoning By-law Amendment Application ZBA23/033/B/BB, 117 Bloomingdale Road North, Marann Homes, DSD -2023-427 That Zoning By-law Amendment Application ZBA23/033/B/BB for the Page 6 of 99 property municipally addressed as 117 Bloomingdale Road North for Marann Homes, requesting to amend Zoning By-law 2019-051, be approved in the form shown in `Proposed By-law', and `Map No. 1' attached to Development Services Department report DSD -2023-427 as Attachments 'Al' and 'A2'; and further, That the Urban Design Brief, attached to Development Services Department report DSD -2023-427 as Attachment 'B', be adopted and used to inform a future Site Plan Application. 7.3.c Official Plan Amendment Application OPA23/018/B/BB, Zoning By-law Amendment Application ZBA23/030/B/BB , 2150 Bleams Road, Trustees for St. John the Baptist Romanian Orthodox Church; Romanian Orthodox Parish St. John The Baptist, DSD -2023-496 That the following motion be deferred to the December 11, 2023 Council meeting to allow an opportunity to further review the proposed RES4 Zoning rather than RES5, which would potentially permit 6 street fronting townhomes, rather than 5, and to ensure those residents that participated in the consultation are notified of the deferral: "That Official Plan Amendment Application OPA23/018/B/BB for the property municipally addressed as 2150 Bleams Road for the Romanian Orthodox Parish St. John The Baptist be adopted, in the form shown in the Official Plan Amendment as Attachments 'Al' and 'A2', of Development Services Department DSD -2023-496, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/030/B/BB requesting to amend Zoning By-law 2019-051, be approved in the form shown in `Proposed By-law', and `Map No. 1' as Attachments `B1' and `B2' of Development Services Department DSD -2023-496". 7.3.d Official Plan Amendment Application OPA23/008/B/ES, Zoning By-law Amendment Application ZBA23/012/B/ES - 93-99 Benton Street and 39-43 St. George Street, DSD -2023-514 That the following motion be deferred to the January 22, 2024 Council meeting to allow an opportunity for Staff to facilitate further discussions amongst the developer and tenants regarding appropriate measures to address tenant displacement introduced by the proposed development: "That Official Plan Amendment Application OPA/23/008/B/ES for Page 7 of 99 the properties municipally addressed 93-99 Benton Street and 39-43 St. George Street for Ideal Capital Limited, requesting to add Special Policy Area 9 to Map 11 — Cedar Hill Secondary Plan in the Official Plan and to add Policy 13.3.4.9 to the Cedar Hill Secondary Plan to facilitate a mixed use development having 96 residential units and 53 square metres of commercial space with a Floor Space Ratio (FSR) of 5.1, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -2023-514 as Attachment `A', and accordingly forwarded to the Regional Municipality of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/012/B/ES for Ideal Capital Limited be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Development Services Department report DSD -2023-514 as Attachment `B'." 7.3.e Annual Zoning By-law Update, DSD -2023-503 That City -initiated amendment ZBA23/036/K/GS (Annual Zoning By- law Update) to Zoning By-law 85-1, be approved in the form shown in the `Proposed By-law' attached to Development Services Department report DSD -2023-503 as Appendix `A'; and, That City -initiated amendment ZBA23/036/K/GS (Annual Zoning By- law Update) to Zoning By-law 2019-051, be approved in the form shown in the `Proposed By-law' attached to Development Services Department Report DSD -2023-503 as Appendix `B'; and further, That staff prepare a map for consideration at the December 11, 2024 Council meeting, where a site-specific Zoning By-law amendment for 30 Sunbridge Crescent is permitted, having the boundary of the Natural Conservation (NHC) zone revised for lands previously zoned as Agricultural Zone (A-1) in Zoning By-law 85-1 to be zoned as Low Rise Residential (RES -1) in Zoning By-law 2019-051, except for lands within the floodplain or wetland. 8. UNFINISHED BUSINESS 8.1 Official Plan Amendment Application OPA23/007/K/CD, Zoning By-law 16 Amendment Application ZBA23/011/K/CD, 417 King Street West, Vanmar Developments 417 King GP Corp, DSD -2023-299 and Follow Up Report DSD -2023-552 That the following motion be deferred to the December 11, 2023 Council meeting to allow an opportunity for staff to engage with NAV Canada to determine best measures to mitigate any potential impacts to the Page 8 of 99 runway approach for Waterloo Region International Airport: "That Official Plan Amendment Application OPA/23/007/K/CD for Vanmar Developments 417 King GP Corp, for the property municipally addressed as 417 King Street West, requesting a land use designation change from `Innovation District' to `Innovation District with Specific Policy Area No. 8' to permit a 55 -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 Development Services Department report DSD -2023-299 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/011/K/CD for Vanmar Developments 417 King GP Corp be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Development Services Department report DSD -2023-299 as Appendix `B'." Note: An addendum report, Development Services Department report DSD -2023-552 on this matter has been provided for consideration, which was deferred to the Council meeting this date. 8.2 Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law 24 Amendment Application ZBA23/018/W/TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD -2023-430 and Follow Up Report DSD -2023-551 That the following motion be deferred to the December 11, 2023 Council meeting, or sooner, to allow an opportunity for Staff to engage with the Region of Waterloo to determine a timeline for discussions regarding pedestrian safety and traffic calming measures on Fairway Road North: "That Official Plan Amendment Application OPA23/011/W/TS for the Waterloo Catholic District School Board, for the property municipally addressed as 20 Woolner Trail, requesting the addition of Specific Policy Area No. 67 for the lands specified and illustrated as the "Area of Amendment" on Schedules `A' and `B', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -2023- 430 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/018/W/TS for the Waterloo Catholic District School Board be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Page 9 of 99 Development Services Department report DSD -2023-430 as Appendix `B'." Note: An addendum report, Development Services Department report DSD -2023-551 on this matter has been provided for consideration, which was deferred to the Council meeting this date. 9. NEW BUSINESS 9.1 MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC 9.2 Notice of Motion - A. Owodunni - Non -Compliance with Fireworks Regulations in the City of Kitchener Councillor A. Owodunni has given notice to introduce the following motion for consideration this date: "Whereas the City of Kitchener values the safety, peace, and well- being of its residents; Whereas in May 2023 Kitchener City Council amended the city's fireworks bylaw to make it more restrictive by only permitting fireworks to be used on the day of an actual celebration (Victoria Day, Canada Day and Diwali); Whereas, despite those tighter restrictions on the use of fireworks in Kitchener, members of City Council continue to receive a significant number of concerns from residents about non- compliance with the city's fireworks regulations; Therefore, be it resolved that Kitchener City Council directs to city staff to: 1. Initiate a comprehensive public education campaign aimed at informing residents about the city's fireworks regulations. That campaign should be culturally sensitive, and include initiatives such as targeted outreach to specific community leaders and organizations, public service announcements, media advertising, social media posts and collaboration with a variety of local cultural organizations. 2. Enhance enforcement and education of the city's firework regulations by increasing the number of Bylaw Enforcement Officers on duty from 2 to 8 for all of the days when fireworks are permitted to be used within the city, and that those officers be pre -positioned at public locations throughout the city that have been previously used by residents to light off fireworks." Page 10 of 99 9.3 Notice of Motion - J. Deneault - Pilot Project - Alcohol Consumption - City Park Councillor J. Deneault has given notice to introduce the following motion for consideration this date: "WHEREAS in 2019, the Province of Ontario introduced amendments to the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, (the Act) to allow open consumption in Parks; WHEREAS the City of Kitchener already allows alcohol consumption in City Parks pending receipt of a Special Event permit; WHEREAS the increase in density in the downtown core will require residents to rely more heavily on public amenity spaces for gathering and entertainment; WHEREAS Make it Kitchener 2.0 has a fundamental core value to "Make it Vibrant" where the City and its residents are encouraged to be creative, and support strong communities and neighborhood identities through distinct events and creative expression; WHEREAS social gatherings in public spaces, could help to have potential for economic benefits to downtown restaurants and eateries by offering takeout picnic packs; THEREFORE BE IT RESOLVED that staff be directed to investigate and develop criteria for a pilot project that would allow for open consumption of alcohol in Victoria Park that meet such criteria; • The staff from parks and forestry identify key criteria for best practice, and consult with bylaw enforcement staff; • That staff from Economic Development review any potential economic benefits that would derive from such a bylaw change; • That staff consult with Waterloo Regional Police Services to confirm their support, involvement, education, an enforcement of a pilot; • That staff pilot the alcohol consumption project in Victoria Park from July 1, 2024, to October 31, 2024; and THEREFORE BE IT FINALLY RESOLVED that staff be directed to report back by the end of 2024 with final recommendations based Page 11 of 99 10. 11 on the outcomes of the proposed pilot, including potential consideration for additional select parks that could be included." QUESTIONS AND ANSWERS BY-LAWS 11.1 1ST AND 2ND READING 11.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.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. 11.1.c 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.d To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.e Being a by-law to provide for a 2024 Interim Tax Levy and for the payment of 2024 Interim Taxes. 11.1.f Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. 11.1.g Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. 11.1.h Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. 11.1.i Being a by-law to provide for the widening of Woolwich Street as a public highway in the City of Kitchener. 11.1.j To confirm all actions and proceedings of the Council for December 11, 2023. 11.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 11.2.a Being a by-law to adopt Amendment No. 37 to the Official Plan — 417 King Street West. 11.2.b Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — Vanmar Developments 417 King GP Corp. — 417 King Street West. 11.2.c Being a by-law to adopt Amendment No. 40 to the Official Plan — 50 Thaler Avenue and 300 Kinzie Avenue 11.2.d Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener — City of Kitchener and Page 12 of 99 12. 13 14. Waterloo Catholic District School Board — 50 Thaler Avenue and 300 Kinzie Avenue 11.2.e Being a by-law to amend By-law No. 85-1, as amended, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener — Marann Homes Limited — 117 Bloomingdale Road. 11.2.f Being a by-law to adopt Amendment No. 39 to the Official Plan - 2150 Bleams Road. 11.2.g Being a By -Law to amend Zoning By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener —Trustees for St. John the Baptist Romanian Orthodox Church — 2150 Bleams Road. 11.2.h Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — City of Kitchener — Annual Update to Zoning By-law 85-1. 11.2.1 Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener — City of Kitchener — Annual Update to Zoning By-law 2019-051. COMMITTEE OF THE WHOLE 12.1 ADMINISTRATIVE REPORTS 12.1.a Applications for Cancellation, Refund, Reduction of Taxes, FIN -2023- 26 481 12.1.b Minimum Staffing Level for Fire Suppression, CSD -2023-549 30 12.1.c Licensing Tribunal - Chapter 599 (Food Shop Licence), COR -2023- 32 536, COR -2023-536 12.2 FOR INFORMATION 12.2.a 2022 Development Charge Reserve Fund Report, FIN -2023-525 38 12.2.b KW Joint Services Initiative Committee 2023 Update, CAO -2023-542 80 12.2.c September 2023 Variance Report, FIN -2023-537 85 REPORT OF THE COMMITTEE OF THE WHOLE 14.1 3RD READING 14.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2023-167) 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. Page 13 of 99 (By-law 2023-168) 14.1.c 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 2023-169) 14.1.d To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law 2023-170) 14.1.e Being a by-law to provide for a 2024 Interim Tax Levy and for the payment of 2024 Interim Taxes. (By-law 2023-171) 14.1.f Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law 2023-172) 14.1.g Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. (By-law 2023-173) 14.1.h Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (By-law 2023-174) 14.1.1 Being a by-law to provide for the widening of Woolwich Street as a public highway in the City of Kitchener. (By-law 2023-175) 14.1.j To confirm all actions and proceedings of the Council for December 11, 2023. (By-law 2023-183) 14.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 14.2.a Being a by-law to adopt Amendment No. 37 to the Official Plan — 417 King Street West. (By-law 2023-161) 14.2.b Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — Vanmar Developments 417 King GP Corp. — 417 King Street West. Page 14 of 99 (By-law 2023-162) 14.2.c Being a by-law to adopt Amendment No. 40 to the Official Plan — 50 Thaler Avenue and 300 Kinzie Avenue. (By-law 2023-176) 14.2.d Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener — City of Kitchener and Waterloo Catholic District School Board — 50 Thaler Avenue and 300 Kinzie Avenue. (By-law 2023-177) 14.2.e Being a by-law to amend By-law No. 85-1, as amended, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener — Marann Homes Limited — 117 Bloomingdale Road. (By-law 2023-178) 14.2.f Being a by-law to adopt Amendment No. 39 to the Official Plan - 2150 Bleams Road. (By-law 2023-179) 14.2.g Being a By -Law to amend Zoning By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener —Trustees for St. John the Baptist Romanian Orthodox Church — 2150 Bleams Road. (By-law 2023-180) 14.2.h Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener — City of Kitchener — Annual Update to Zoning By-law 85-1. (By-law 2023-181) 14.2.i Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener — City of Kitchener — Annual Update to Zoning By-law 2019-051. 15. ADJOURNMENT (By-law 2023-182) Page 15 of 99 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 11, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO. December 7, 2023 DSD -2023-552 SUBJECT: Supplemental Report to DSD -2023-299 Official Plan Amendment Application OPA23/007/K/CD Zoning By-law Amendment Application ZBA23/011/K/CD Address: 417 King Street West Owner: Vanmar Developments 417 King GP Corp RECOMMENDATION: That Official Plan Amendment Application OPA/23/007/K/CD for Vanmar Developments 417 King GP Corp requesting a land use designation change from `Innovation District' to `Innovation District with Specific Policy Area No. 8' to permit a 55 -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 -2023-299 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA23/011/K/CD for Vanmar Developments 417 King GP Corp be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2023-299 as Appendix `B'. REPORT: On October 30, 2023, Planning and Strategic Initiatives Committee considered report DSD -2023-299 which sought the approval of the Committee for an Official Plan Amendment and Zoning By-law Amendment for 417 King Street West. At this meeting the Committee resolved: "That the following motion be deferred to the November 6, 2023 Council meeting (further deferred by Council to the December 11, 2023 Council meeting) to allow an opportunity for staff to engage with NAV Canada to determine best *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 16 of 99 measures to mitigate any potential impacts to the runway approach for Waterloo Region International Airport.- That irport. That Official Plan Amendment Application OPA123/007/WCD for Vanmar Developments 417 King GP Corp, for the property municipally addressed as 417 King Street West, requesting a land use designation change from `Innovation District' to `Innovation District with Specific Policy Area No. 8' to permit a 55 -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 Development Services Department report DSD -2023-299 as Appendix 'A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA231011/WCD for Vanmar Developments 417 King GP Corp be approved in the form shown in the `Proposed By-law, and `Map No. 1, attached to Development Services Department report DSD -2023-299 as Appendix `B'. " On November 27, 2023, Nav Canada provided a land use evaluation letter (Attachment A) advising that Nav Canada has evaluated the proposed development at 417 King Street West and have no objections subject to the applicant adhering to conditions of the land use evaluation letter. The applicant is agreeable to the conditions of Nav Canada's land use evaluation letter which will be addressed prior to issuance of a building permit and installation of a construction crane. Staff are not recommending any revisions to the Zoning By-law Amendment or Official Plan amendments attached to Report DSD -2023- 299. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • DSD -2023-299 — Official Plan Amendment Application & Zoning By-law Amendment Application 417 King Street West. APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Nav Canada Letter Attachment B — Regional Updated Comments Page 17 of 99 NAV Serving a world in motion Au service chin CANADA rnonde en rnouvernonL navcanada.ca November 27, 2023 NAV CANADA Proprietary / Propriete exclusive Your file CYKF - 417 King Revised (Building and Crane) Our file 23-4258 Mr. Mauricio Miranda VanMar Developments Inc. 145 Goddard Crescent, Cambridge, ON N3E OB1 RE: Development Proposal/Plans: Building(s) and Crane(s) - Waterloo, ON (See attached document(s)) Mr. Miranda, NAV CANADA has evaluated the captioned proposal and we have no objection to the project as submitted provided the following conditions are adhered to: • No changes are to be made to the building location, dimensions and height. • No changes are made to the construction crane location, swing radius and height. o The design surfaces of our LNAV/VNAV instrument flight procedure that is currently being redesigned as a result of your proposal are extremely close to both the building and crane and NAV CANADA will use the proposed locations in you submission to ensure we clear both obstacles. • No cranes or building can exceed the height of 1600 ASL until the new instrument flight procedure for runway 08 for Kitchener / Waterloo Airport (CYKF) are published and in effect. o NAV CANADA intends' on publishing the revised instrument flight procedures on July 11, 2024. The procedures would become in effect on that verry same day at 09:01 Zulu or (05:01 local). This will be confirmed on May 16, 2024. Please follow up with us on or after this date to ensure these procedures have not encountered any production delays. • The departure procedures for RWY 26 will be impacted as follows: o While construction crane is up, runway 26 departure climb gradient, must be increased to 270 FT/NM o After the crane is removed the climb gradient will remain and lowered to 220 FT/NM to clear the building • Any additional cranes used to erect or remove the construction crane must also be submitted for review as additional mitigations will be required with any additional height. In the interest of aviation safety, it is incumbent on NAV CANADA to maintain up-to-date aeronautical publications and issue NOTAM as required. To assist us in that end, we ask that you notify us at least 10 business days prior to the start of construction. This notification requirement can be satisfactorily met by returning a completed, signed copy of the attached form and an Excel copy of the attached spreadsheet by email at Ilanduse@_nav_cainada.ca or fax at 613-248-4094. In the event that you should decide not to proceed with this project or if the structure is dismantled, please advise us accordingly so that we may formally close the file. If you have any questions, contact the Land Use Department by email at Ilandu;�atrnu(anuda, pa. NAV CANADA's land use evaluation is based on information known as of the date of this letter and is valid for a period of 18 months, subject to any legislative changes impacting land use submissions. Our assessment is limited to the impact of the proposed physical structure on the air navigation system and installations; it neither constitutes nor replaces any approvals or permits required by Transport Canada, other Federal Government departments, Provincial or Municipal land use authorities or any other agency from which approval is required. Innovation, Science and Economic Development Canada addresses any spectrum management issues that may arise from your proposal and consults with NAV CANADA engineering as deemed necessary. 1601 Tom Roberts Avenue, Ottawa, ON, K1V 1E5 1601 avenue Tom Roberts, Ottawa, Ontario, K1 1E5 Email:landuse@navcanada.ca Courriel : utilisationdeterrain rfnaWbf 99 Z-LDU-105 Version 2.0 14 June 2022 NAV CANADA Proprietary / Propriete exclusive NAV Serving a world in motion GNSS Au service (Tun CANADA rnonde en rnouvernonL RNP navcanada.ca This document contains information proprietary to NAV CANADA. Any disclosure or use of this information or any reproduction of this document for other than the specific purpose for which it is intended is expressly prohibited except as NAV CANADA may otherwise agree in writing. Regards, cc ONTR - Ontario Region, Transport Canada garett.stevenson @kitchen er. ca akutler@regionofwaterloo.ca craig.dumart@kitchener.ca asinclair@mhbcplan.com jvonwesterholt@mhbcplan.com pleveck@urbanlegendgroup.com Acronyms: RNAV - Area Navigation GNSS - Global Navigation Satellite System RWY -Runway RNP - Required Navigation Performance LNAV/VNAV - Barometric Vertical Navigation 1601 Tom Roberts Avenue, Ottawa, ON, K1V 1E5 1601 avenue Tom Roberts, Ottawa, Ontario, K1 1E5 Email:landuse@navcanada.ca Courriel : utilisationdeterrain rfnaP9'bf 99 Z-LDU-105 Version 2.0 14 June 2022 Craig Dumart Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca File: D17/2/23007 014/2/23011 December 7, 2023 Re: Updated Regional Comments Proposed Official Plan Amendment OPA 23/07 and Zoning By-law Amendment ZBA 23/011 417 King Street West MHBC Planning (C/O Andrea Sinclair and Juliane von Westerholt) on behalf of Vanmar Developments 417 King GP Corp. CITY OF KITCHENER MHBC Planning has submitted a site-specific Official Plan Amendment and Zoning By- law Amendment Application for a development proposal at 417 King Street West (referred to as subject lands) in the City of Kitchener. The applicant has proposed the redevelopment of the site with a 55 storey mixed use building containing 622 residential units with ground floor commercial uses. A total of 184 vehicular parking spaces with 311 Bicycle parking spaces are proposed within the underground parking structure and within the podium of the building. Access to the structured parking is located from Halls Lane West with pedestrian access proposed from King Street West. A separate loading access is proposed from Halls Lane West. An amenity terrace is located on the roof of Level 7. The subject lands are located in the Urban Area and designated Urban Growth Centre in the Regional Official Plan. The site is designated Innovation District in the City of Document Number: 4541766 Page 20 of 99 Kitchener Official Plan and zoned Warehouse District -Six (D-6) Zone in Zoning By-law 85-1. The Owner has requested an Official Plan Amendment to add a special policy permitting an FSR of 21. The Applicant has requested a Zoning By-law Amendment to add special regulations to the existing zoning to permit a floor space ratio of 21; to allow for residential uses; to allow for a reduction in the parking to 0.29 parking spaces per dwelling units and 0 spaces for non-residential uses; to permit a rear and side yard setback of 0 metres and to permit a 1.1 m west side yard setback. Further to our comments dated June 29, 2023, the Region has had the opportunity to review the proposal and offers the following updated comments: Regional Comments Region of Waterloo International Airport In accordance with Regional Official Plan Policy 5.A.20, the Region will ensure that proposed developments do not negatively affect the usability, accessibility or safe operations of the airport either on a temporary or permanent basis. In the June 29, 2023 comments, Regional staff identified a concern with this development as the development (building and proposed crane) would exceed the maximum elevation permitted of 487m ASL. It would therefore impact YKF instrument flight procedures, particularly the Runway 08 RNP approach and Runway 26 departures. The Region is currently working with Nav Canada to redesign the Runway 08 approaches, to mitigate impacts to the airport and development community within the Region. Given the height of this proposed development and proximity to the airport, the Region initiated a Nav Canada Land Use assessment on behalf of the Owner/Developer. The developer submitted information to Nav Canada, including building and crane coordinates and elevations. On November 27, 2023, Nav Canada issued correspondence stating no objection to the proposed building height at 417 King Street West subject to a number of conditions. A copy of the Nav Canada letter is attached as Attachment 1. These conditions specifically require that: - No changes are made to the building location, dimensions and height; - No changes are made to the construction crane location, swing radius and height; and, - No crane or building exceeds the 487m ASL elevation before the revised instrument flight procedures are published and in effect, which is expected July 11, 2024. Document Number: 4541766 Page 21 of 99 In accordance with the Nav Canada correspondence, the Region requires that the Zoning By-law Amendment for the subject lands includes the precise building coordinates, including a maximum height for the building and any associated construction crane as submitted and reviewed by Nav Canada. Through the future Site Plan application should any changes be proposed to the location or height of the building or crane, the Region and Nav Canada would need to review these proposed changes to ensure no impact on airport operations. Obstacle ID Ground Elevation (m) Structure Height (m) Total Height (m) 2162.6001 +,63.0,004 2625.5002 Buiildiing NW 330 205 5,35, BuflUing NE 330 265 535 Buiildiing SW 330 205 � 5,35, Buiilding SIE 330 205 535, Crane, (Hammerhead) 333 235.135 � 565.135 Obstacle ID LAT dd mm ss.ss LONG -ddd mm ss.ss Ground Elevation (Feet) Structure Height (Feet) Total Height (Feet) Example 1 60 39 16.59 -110 36 14.01 2162.5001 463.0001 2625.5002 Bualdong NW 4327 9.1224 -80 29 50 9604 1082.6772 672.5722 1755 2493 Building NE 4327 8.4132 -80 29 48.5952 1082.6772 672.5722 17552493 Buldmg SW 4327 7 1976 -80 29 51.6624 1082 6772 672 5722 1755.2493 Building SF 43 27 6.9948 -80 29 49 3728 1082.6772 672.5722 1755 2493 Crane (Hammerhead) 1 4327 8 '1036 -80 29 49.9848 1082 8712 771 4403 1854.1175 Conclusions: In summary, the Region has no objections to Official Plan Amendment Application OPA 23/07 and Zoning By-law Amendment Application ZBA 23/11 subject to the following: 1. That the Zoning By-law Amendment for the subject lands includes the precise building coordinates, including a maximum height for the building and any associated construction crane as submitted and reviewed by Nav Canada. 2. That a Holding Provision apply to the entirety of the subject lands until a transportation, rail and stationary noise study is acceptance of the study and related implementation measures to the satisfaction of the Regional Municipality of Waterloo. The required wording for the holding provision is: Document Number: 4541766 Page 22 of 99 That a holding provision shall apply to the entirety of the subject lands until a satisfactory detailed transportation (road) and stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the potential impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. 3. Inclusion of a geothermal prohibition in the zoning by-law amendment. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling; including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Next Steps: Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Further, please accept this letter as our request for a copy of the draft by-law and decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Alyssa Bridge, MAES, MCIP, RPP Supervisor, Development Planning C. MHBC Planning Inc. C/O Andrea Sinclair and Juliane vonWesterholt (Applicant), Vanmar Developments 417 King GP Corp. C/O Mauricio Miranda (Owner) Document Number: 4541766 Page 23 of 99 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 11, 2023 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: December 7, 2023 REPORT NO.: DSD -2023-551 SUBJECT: Supplemental Report to DSD -2023-430 Official Plan Amendment Application and Zoning By-law Amendment Application for 20 Woolner Trail Waterloo Catholic School Board RECOMMENDATION: That Council further defer consideration of the Official Plan Amendment Application OPA231011/W/TS and Zoning By-law Amendment Application ZBA23/018/W/TS for 20 Woolner Trail to the January 22, 2024, Council meeting to allow additional time for staff to dialogue with the Region of Waterloo regarding pedestrian safety and traffic calming matters. REPORT: On October 30, 2023, Planning and Strategic Initiatives Committee considered report DSD - 2023 -430 which sought the approval of the Committee for an Official Plan Amendment and Zoning By-law Amendment for 20 Woolner Trail. At this meeting the Committee resolved: "That the following motion be deferred to the December 11, 2023, Council meeting, or sooner, to allow an opportunity for Staff to engage with the Region of Waterloo to determine a timeline for discussions regarding pedestrian safety and traffic calming measures on Fairway Road North: That Official Plan Amendment Application OPA231011/W/TS for the Waterloo Catholic District School Board, for the property municipally addressed as 20 Woolner Trail, requesting the addition of Specific Policy Area No. 67 for the lands specified and illustrated as the "Area of Amendment" on Schedules `A' and 'B', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -2023-430 as *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 24 of 99 Appendix `A , and accordingly forwarded to the Region of Waterloo for approval, and further, • That Zoning By-law Amendment Application ZBA23/018/W/TS for the Waterloo Catholic District School Board be approved in the form shown in the `Proposed By-law, and `Map No. 1; attached to Development Services Department repost DSD -2023-430 as Appendix `B'. " Throughout November and December, City staff and Regional staff had conversations in regards to the pedestrian safety and traffic calming measures that are being considered for Fairway Road North. While discussions have been productive, these conversations are still ongoing and additional time is needed to have additional discussions and an additional on- site visit that is scheduled for January. Transportation and Planning staff will continue to have discussions with all relevant parties and will report back to Council at the January 22, 2024, Council meeting. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • DSD -2023-430 — Official Plan Amendment Application & Zoning By-law Amendment Application - 20 Woolner Trail. APPROVED BY: Justin Readman, General Manager, Development Services Page 25 of 99 Staff Reort � ) Financial Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: December 11, 2023 SUBMITTED BY: Saleh Saleh, Director of Revenue, 519-741-2200 ext. 7346 PREPARED BY: Feras Abdulhadi, Tax Specialist, 519-741-2200 ext. 7440 WARD(S) INVOLVED: All DATE OF REPORT: November 28, 2023 REPORT NO.: FIN -2023-481 SUBJECT: Applications for Cancellation, Refund, Reduction of Taxes RECOMMENDATION: That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $129,448.04 as attached to Financial Services Department report FIN -2023- 481, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act'). BACKGROUND: Sections 354 and 357 of the Act allow the local municipality to write-off, cancel, reduce, or refund all or part of taxes levied on land in the year in respect of which the application is made for certain specific reasons as laid out in these sections of the Act. REPORT: Twenty-one requests for tax adjustments under Sections 354 and 357 of the Act were reviewed and processed. Additional statistics related to these applications are as follows: • 20 applications were approved for adjustment resulting in a total tax reduction of $129,448.04. • 1 application was declined for an adjustment for reasons such as an absence of a building permit or other documentation in support of the application. The required notices to the affected parties were sent out in accordance with the relevant legislation. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 26 of 99 The following table shows a breakdown of the reduction in taxes in this report by the applicable reason. Relevant subsection of the Act Reason for Application Total Taxes Reduced 357(1)(a) Ceases to be liable for tax at rate it was taxed $357.90 357(1)(c) Became exempt $111,018.66 357(1)(d)(i) Razed by fire, demolition or otherwise $14,322.18 357(1)(d)(ii) Damaged and substantially unusable $1,365.64 357(1)(f) Gross or manifest clerical/factual error $447.11 357(1)(g) Repairs/Renovations preventing normal use $1,936.55 Total $129,448.04 STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The tax reductions are shared with the Regional Municipality of Waterloo and the School Boards. The net effect to the City of Kitchener is a reduction in current year revenue, including a reduction in City levies of $32,386.03, of which are accommodated within the 2023 Operating Budget. The City share forms part of the year's net supplementary taxes and write-offs, which carries a net revenue budget of $1.1 million annually. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council meeting. The required notices to the affected parties were sent out in accordance with the relevant legislation under Section 357 of the Act. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer. 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REPORT HIGHLIGHTS: In 2012, City Council reduced fire suppression minimum staffing levels from 37 to 35. This reduced staffing level results in fire apparatus being taken out of service which can impact response times and depth of response. In 2021, City Council approved the addition of 20 new firefighters. The addition of these staff allows the KFD to maintain a staff complement of 37 firefighters, which is more appropriate for a municipality of our size. BACKGROUND: The minimum staffing requirement refers to the minimum number of suppression firefighters on duty at any given time. The minimum staffing level is set by City Council on the advice and recommendation of the Fire Chief. During the 2012 budget process, City Council reduced the fire suppression staffing levels from 37 to 35 personnel. The purpose of reducing staff levels was to decrease the Fire Department's annual operating budget, which is comprised mostly of staff related costs (salaries and wages, benefits, overtime, and lieu day payout). This cost savings measure was part of a larger effort across all areas of the municipality. In 2021, staff conducted a suppression response time and staffing review. The review indicated that Kitchener had the second lowest number of suppression firefighters per 1,000 residents compared to other Ontario municipalities and that response times to medical or fire rescue calls *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 30 of 99 took longer than the industry standard almost half of the time (43%). In response to this review, City Council approved a plan to increase fire suppression staff by 20 new firefighters and open a new fire station in the downtown. Hiring of the 20 additional firefighters will be complete in 2024. In 1991, the Kitchener Fire Department had a minimum staffing level of 34 firefighters and five stations. Kitchener's population has increased just over 50% since 1991; however, the KFD continues to operate with a minimum staffing level of 35 firefighters (only one more than back in 1991) and seven fire stations. The current minimum staffing level does not align with the growth of the City over that time period. REPORT: Implications of keeping a minimum staffing requirement of 35 Although the minimum staffing level is 35, the Fire Department requires 37 firefighters to keep all frontline trucks and apparatus in full service. When staffing levels are at 35, the aerial located at Station 1 (Fire Headquarters) is taken out of service. When this happens response times can increase because firefighters and equipment need to travel farther than they would if all units were operational or responding from their home -base station. Benefits of increasing the minimum staffing requirement to 37 Prior to the addition of 20 new suppression staff (approved in 2021), the Fire Department frequently operated with 35 firefighters and incurred high overtime expenses. As of November 2023, 16 out of 20 suppression staff have been hired and the KFD is operating at a minimum of 37 staff with reduced overtime costs. The Fire Chief recommends restoring the minimum staffing level to 37 to ensure all fire emergency apparatus and fire stations are operational. A minimum staff level of 37 ensures the KFD is fully equipped to keep the community safe. In addition to the staffing level increase, a review should be conducted to determine the appropriate minimum staffing level that will be needed once Station 8 becomes operational to ensure all emergency vehicles are staffed and in service. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: City Council approved 20 additional firefighters in 2021. 16 out of 20 have been hired and the remaining four firefighters will be hired in 2024. No additional funding is required to make this service improvement. Capital Budget — The recommendation has no impact on the Capital Budget. APPROVED BY: Michael May, DCAO & General Manager, Community Services Page 31 of 99 Staff Report Corporate Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: November 6, 2023 SUBMITTED BY: Licensing Appeal Tribunal PREPARED BY: Marilyn Mills, Committee Coordinator, 519-741-2200 ext. 7275 WARD(S) INVOLVED: All DATE OF REPORT: November 24, 2023 REPORT NO.: COR -2023-536 SUBJECT: Licensing Appeal Tribunal - Chapter 599 (Food Shop Licence) RECOMMENDATION: That the decision of the Licensing Appeal Tribunal, attached as Appendix `A' to Corporate Services Department Report COR -2023-536, wherein the Committee affirms the revocation of a food shop licence (Chapter 599 - City of Kitchener Municipal Code) issued to Mr. K. Abraha for the operation of Afro -East Restaurant Inc., at the property municipally addressed as 91 Queen Street South, Kitchener, Ontario, be approved. REPORT HIGHLIGHTS: • The Manager of Licensing issued a revocation of the Food Shop Licence for Afro -East Restaurant Inc. as the conditions for maintaining the Food Shop Licence were not being complied with. • On November 16, 2023, the Licensing Appeal Tribunal convened to consider an appeal to the Manager of Licensing's decision to revoke the licence, Appeal 2023-01 related to the Food Shop Licence for the property municipally addressed as 91 Queen Street South. • The City's Licensing Tribunal, based on testimony and evidence provided at the hearing, affirmed the decision to revoke the Food Shop Licence. • This report supports the delivery of core services. BACKGROUND: Chapter 599 of the City of Kitchener Municipal Code governs the licensing and regulation of businesses. Afro -East Restaurant Inc., operating at 91 Queen Street South was issued a business licence on June 20, 2022. While operating, several concerns were raised related to operation of the business. After several meetings and attempts to have the owner rectify these concerns, the Manager of Licensing imposed conditions on the Food Shop Licence. Following violations of the conditions imposed on the licence, the Manager of Licensing revoked the licence on May 10, 2023. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 32 of 99 On May 19, 2023, the owner and licensee of the subject property, Mr. K. Abraha submitted a notice of appeal to the revocation of the Food Shop licence and was permitted to continue operating the food shop, subject to the original conditions imposed on the licence, until a Licensing Appeal Tribunal hearing was held. On August 16, 2023, following subsequent violations of the conditions on the licence, the Manager of Licensing issued an Order to Discontinue operations of the establishment (with the exception of one pre -scheduled religious ceremony), until the final disposition of the appeal. REPORT: The Licensing Appeal Tribunal, established by the Council pursuant to Chapter 599 of the City of Kitchener Municipal Code, the Ontario Municipal Act, 2001 and the Statutory Powers Procedure Act, sat on November 16, 2023 to consider submissions to determine whether or not to refuse a Food Shop Licence to Afro -East Restaurant Inc. operating at 91 Queen Street South, Kitchener, Ontario. The Committee considered the following: • testimony provided on behalf of the Respondent by: H. Fylactou, Manager of Licensing, City of Kitchener; J. Spalling, Constable, Waterloo Regional Police Service; I. Mishael, Manager of By-law Enforcement, City of Kitchener; C. Gowing, Fire Prevention Officer demonstrating that there were ongoing issues related to Afro -East Restaurant Inc. including violent incidents requiring Police service, noise disturbances, Bylaw complaints, liquor offences and fire code violations, in contravention to the conditions of the Food Shop Licence. • testimony of H. Esak and Y. Tekle, Witnesses for the Licensee, noting the business owner had taken steps to address violations of the conditions of the Food Shop Licence. • testimony of K. Abraha, Licensee and owner of Afro -East Restaurant Inc. in opposition to the claim of non-compliance to the conditions imposed on the Food Shop Licence; and requesting the Committee permit the Food Shop Licence with conditions. In addition, the Committee reviewed and considered the provisions of Chapter 599 (Licensing and Regulation of Businesses) of the City of Kitchener Municipal Code and recommended that having considered all the evidence and exhibits presented during the Hearing, the revocation of the Food Shop Licence applied to Afro -East Restaurant Inc. be confirmed. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: Page 33 of 99 INFORM — All those in attendance at the November 16, 2023 Hearing were advised of the Tribunal's decision and that it would be considered at the December 11, 2023 Council meeting as required by the By-law. In addition, a Notice of Decision was sent to the Appellant and the Respondents by email and registered mail on November 23, 2023; thereby, further notifying both parties of the date the Tribunal's decision would be considered by Council and the process for registering as a delegation. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services Attachment A — Licensing Tribunal Decision Page 34 of 99 NOTICE OF DECISION LICENSING TRIBUNAL November 16, 2023 Hearing (APPEAL #2023-01) ISSUED at Kitchener this 23rd day of November, 2023 TO: Kidane Abraha 308-460 Winona Drive Toronto ON M6C 3V1 IN THE MATTER OF Chapter 599, entitled "Licensing and Regulation of Businesses" of the City of Kitchener Municipal Code; AND IN THE MATTER OF the Ontario Municipal Act, 2001, as amended; AND IN THE MATTER OF the Statutory Powers Procedure Act, RSO 1990, Chapter S. 22, as amended; That the Licensing Tribunal established by the Council of the Corporation of the City of Kitchener pursuant to Chapter 599 of the City of Kitchener Municipal Code, the Ontario Municipal Act, 2001 and the Statutory Powers Procedure Act, sitting on November 16, 2023 to consider the submissions to determine whether or not to refuse a Food Shop Licence to Afro -East Restaurant Inc. operating at 91 Queen Street South, Kitchener, Ontario, reports as follows: The Tribunal was convened on November 16, 2023 to consider Appeal 2023-01 related to the Food Shop Licence for the property municipally addressed as 91 Queen Street South. Having considered all of the evidence and exhibits presented on behalf of the City by E. Kearney, Associate City Solicitor, including evidence and testimony from H. Fylactou, Manager of Licensing that the conditions for maintaining the Food Shop licence were not being complied with; as well as the evidence and testimony from; H. Fylactou, Manager of Licensing , J. Spalling, Constable, Waterloo Regional Police Service; I. Mishael, Manager of By-law Enforcement; C. Gowing, Fire Prevention Officer; Witnesses for the City that 91 Queen Street South was not being managed in accordance with the conditions imposed on the licence. The Committee further heard evidence presented on behalf of the Licensee from K. Abraha, Licensee, as well as H. Esak and Y. Tekle, Witnesses on behalf of the Licensee in opposition to the claim of non-compliance related to the conditions imposed on the food shop licence. Following the summations, the Tribunal members adjourned to review the matter and rendered its decision. The Tribunal's decision is set out herein and is being forwarded to all the interested parties. Page 35 of 99 Page 2 NOTICE OF DECISION: NOVEMBER 16, 2023 APPEAL #2023-01 — FOOD SHOP LICENCE Accordingly, the Tribunal recommends the following: That a Food Shop Licence issued to Kidane Abraha for the property municipally addressed as 91 Queen Street South, Kitchener Ontario, be revoked. It is in the opinion of the Tribunal that the recommendation complies with Section 599.8.6 of outlined in Chapter 599 (Licensing and Regulation of Businesses) of the City of Kitchener Municipal Code that the licensee has not complied with the following: (d) the Manager of Licensing received an unfavourable report regarding an investigation carried out pursuant this Chapter or any other by-law of the City; (f) the past or present conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe the person will not carry on or engage in the business in accordance with the law or with honesty and integrity; (g) without limiting the generality of section 599.8.5.f), any Person, including the officers, directors, employees or agent of a corporation, has contravened this Chapter or any other by-law of the City or federal or provincial statue or regulation while engaged in or conducting the business; and (h) any special conditions placed on a former or current Licence of the Applicant or Licensee under this Chapter have not been met. The Licensee, the City, and all witnesses are hereby advised that this matter will be heard by Kitchener City Council at a meeting scheduled for Monday, December 11, 2023 at 7:00 p.m. and, individuals may register as a delegation for the Council meeting to address the matter by 5:00pm on Monday, December 11, 2023 by contacting delegation@kitchener.ca. DATED at Kitchener, this 23rd day of November 2023. Page 36 of 99 NOTICE OF DECISION: NOVEMBER 16,2023 APPEAL #2023-01 - FOOD SHOP LICENSE COUNCILLOR P. SINGI°l COUNUEWR A. OWODUNNI LSIU-AF-o]F.wB COUNCILLOR ' S. DAVEY ...... . ... . . . .................. . . M. Mills, Committee Administrator of the Licensing Tribunal Legislated Services Division of the Department of Corporate Services 200 King St. W., Kitchener, ON N2G 4G7 Tel. (519) 741-2200 ext. 7275 Page 37 of 99 Staff Report K� R Financial Services Department www. kitchen er.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 11, 2023 SUBMITTED BY: Lautenbach, Jonathan, Chief Financial Officer, 519-741-2200 ext. 7334 PREPARED BY: Mark Gallas, Investment and Treasury Analyst, 519-741-2200 ext. 7340 WARD(S) INVOLVED: All DATE OF REPORT: December 1, 2023 REPORT NO.: FIN -2023-525 SUBJECT: 2022 Development Charge Reserve Fund Report RECOMMENDATION: For information REPORT HIGHLIGHTS: • The purpose of this report is to provide a summary of development charges that have been received and spent in 2022. • The key finding of this report shows an ending balance in the development charge reserve funds of $14M. • This report supports the delivery of core services. BACKGROUND: Section 43 of the Development Charges Act, 1997 (the "Act") requires that the Treasurer submit to Council an annual statement of the development charge reserve funds. REPORT: Summary of Development Charges Legislation: The Act provides the authority and process for the imposition and collection of development charges (DCs). DCs are generally paid as a part of the building permit process and are collected to fund growth -related capital costs for services as allowed by provincial legislation. Services were historically grouped into two categories: discounted services and non -discounted services. The Act had previously required that a discount of 10% be applied to the growth -related capital costs for discounted services when calculating DC rates, while non -discounted *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 38 of 99 services referred to services for which the legislation did not require a reduction. The following table shows which services within the City of Kitchener fit into the discounted and non -discounted categories: Discounted Services General Government Studies Parking (see commentary below) Indoor Recreation Outdoor Recreation Cemeteries Library Non -Discounted Roads and Related Services Sanitary Servicing Watermains Storm/Watercourse Intensification Allowance Engineering Studies Public Works Fire In 2019 under Bill 108, More Homes, More Choice Act, 2019, changes were made to the Act that removed the requirement for the 10% discount. The passage of the City's new DC by-law 2022-071 in 2022 incorporated these changes, meaning that moving forward for 2023 and beyond the classification between "discounted" and "non -discounted" will no longer be relevant. Also as part of Bill 108, parking services became an ineligible service effective September 18, 2022. As such, the City's DC by-law passed in 2022 no longer included a DC rate for parking services. The funds collected to date are now deemed under the Act to be a general capital reserve fund for the same purposes for which it was originally collected. The Parking fund is reported in the 2022 development charges statement for transparency, as it was considered a development charge reserve fund for the majority of 2022 and DC revenues were collected in it during 2022. A summary of the DC Reserve Fund by Category of Service is found in Attachment A, Table A. Determination of DCs: A DC Background Study is required to be completed when updating a DC by-law, which was completed with the passage of by-law 2022-071 effective July 1, 2022. The by-law is valid for a period of up to 5 years. The Act stipulates that the DC rates may be indexed each year that the by-law remains in effect. As such, the City of Kitchener indexes the DC rates based on the non-residential construction price index, as provided by Statistics Canada. The 2022 DC by-law stipulated that rate increases will come into effect on December 1 of each year. In 2022, there were three different DC rate periods in effect, as set out in Attachment A, Table B. The rates shown as of December 1, 2022, incorporate the mandatory phasing -in discount as a result of Bill 23, More Homes Built Faster Act, 2022. With these changes to the Act, only 80% of the calculated DC rate can be charged in year one after a by-law is enacted, increasing to 85% in year two then 90% in year three and so on. The legislation made this Page 39 of 99 retroactive to any by-law passed since January 1, 2022, which includes the City's by-law 2022-071 which had an effective date of July 1, 2022. The phase-in results in an effective discount of 20% included on the rates shown in Attachment A, Table B as of December 1, 2022. Revenue DC collections in 2022 total $26M, which is a decrease from the 2021 collections of $32.1 M. Expenses DC expenses in 2022 total $29.1 M, an increase from 2021 expenses of $24.3M. Detailed lists are included in the DC Reserve Fund Transactions in Attachment A, Tables C, D and E. Since 2004, different rates have been charged for the Central Neighbourhoods as compared to the Suburban Areas of the City (as defined in the DC by-law). Related revenues and expenses broken down by service are shown for both of these areas in Attachment A, Table E. Expenses are allocated to either the Central Neighbourhood or the Suburban Area based on whether the service is considered to be city wide or related only to a specific area. If a service is considered city wide, the expense is allocated based on estimated population growth in each area as provided in the background study. Reserve Fund Balances The DC reserve funds at December 31, 2022 had an total balance of $14M compared to $16.5M at the end of 2021. The overall reserve balance is broken out into further detail in Attachment A, Table E. The detail provided shows the balances in the Suburban Areas and the Central Neighbourhoods, which is then divided into Residential and Non -Residential services. These services are further divided into the Discounted and Non -Discounted categories, and then split into balances by service. Some services may reflect a negative or overdrawn position while others reflect a positive balance. Development charge reserve funds can experience an overdrawn position due to the timing of the emplacement of infrastructure ahead of complete funding being available. This overdrawn position is recovered through future funds to be received from developers. When the background study was completed, the reserve balances in each service were included in the DC rate calculation, therefore over time, it is anticipated that the deficits will be recovered, and the positive balances utilized. Exemptions DC exemptions in 2022 total $8.6M compared to $9.6M in 2021. A summary of major exemptions is included in Attachment A, Table F. Credit/Refund Agreements The City may, by agreement, permit a developer to provide services for development of land in lieu of payment of the DC. At December 31, 2022, credits of $21.5M were outstanding compared to $37M at the end of 2021. Refer to Attachment A, Table G for more details. Deferral Agreements New in 2022, the City has entered into several DC deferral agreements. The More Homes, More Choice Act, 2019 (Bill 108), the Plan to Build Ontario Together Act, 2019 (Bill 138), Page 40 of 99 and the COVID-19 Economic Recovery Act, 2020 (Bill 197) have made amendments to the Act to allow for the deferral of payment of DCs until occupancy for rental housing, non-profit housing and institutional developments. Non-profit housing was subsequently fully exempted under the More Homes Built Faster Act, 2022 (Bill 23) in November 2022. The City has entered into 24 deferral agreements by the end of 2022, with a total receivable balance of $10.7M, compared to 23 agreements with a total receivable balance of $9.3M at the end of 2021. Refer to Attachment A, Table H for more details. By-law A new DC by-law, 2022-071 came into effect July 1, 2022 for a term of no longer than five years. No Additional levies The City of Kitchener has not imposed, directly or indirectly, a charge related to a development or a requirement to construct a service related to a development, except as permitted by the Act or another Act. Capital Forecast The City expects to, at minimum, incur over the life of the by-law (2022 to 2027) the same amount of capital costs that were estimated for the same time period in the background study. The only service for which a DC was collected during the year but from which no money was spent during the year was for Fire Protection. The majority of the planned capital program under Fire Protection relates to the creation of an eighth fire station to accommodate growth, planned over the coming years. DC Statements for 2019 and 2021 As a result of the impacts of the COVID-19 pandemic and staff turnover, annual statements for 2019 and 2021 were not previously submitted to Council, although they were made available to the development community and the public through the City's website. Attached to this report are tables detailing the activity and balances for these years. Refer to Attachments B and C for more details. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Financial implications are discussed above and detailed in the attached appendices. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • FIN -20-054 Development Charge (DC) & Community Benefit Charge (CBC) Update Development Charges Act, 1997 More Homes, More Choice Act, 2019 (Bill 108) Page 41 of 99 APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services ATTACHMENTS: • Attachment A — Tables for 2022 DC Reserve Fund Report • Attachment B — Tables for 2021 DC Reserve Fund Report • Attachment C — Tables for 2019 DC Reserve Fund Report Page 42 of 99 M W J 00 F- 0 0 Z LLI D U LL W > W W Co LL WO Lu Of U0 U Q F- U Z m W d � LU >� LU 0 U) rn 0 co /co I_ OD r- CD O 0 M C7 O N LCl (M Lr) T to (0 Lr) r N N M r O co 00 N H « o0 Lr) M M C O (.0 W N Cl) T ~ N - N 00 a0 Q N Q. 00 00 r r {A O Cfl I` cy O M Z w � ti m �- r Q r V) ti -t cO N le 000 f� It M ttc� W M M C W 00 r T tt M T N N r M N LO a) Neq OD C O 00 � M 4 � W LK r N r to M V N r CLO N r r N N M O = O O M � N Lr --f (n Z ONO O ro M Q 00 Cl) r ":i r C O Z N Cl) CO Lf) le Of N CO M r- Cl) I- O N N 00 04 M M N 0Ln 000 le M C CO T r N N N N N N r C r M O M X LLI u U O O d N Q o m w m rn 0 co /co I_ TABLE B DEVELOPMENT CHARGE RATES (effective from January 1 to June 30) Central Suburban Residential Development Neighbourhoods Areas Single detached or semi-detached dwelling $14,033 $20,945 / dwelling unit Townhouse or street townhouse dwelling $9,853 $14,708 / dwelling unit Multiple or duplex dwelling $7,092 $10,588 / dwelling unit Lodging House $3,987 $5,952 / dwelling unit Non -Residential Development— Gross floor area of building $23.24 $64.45 / square metre $2.16 $5.99 / square foot DEVELOPMENT CHARGE RATES (effective from July 1 to November 30) Central Suburban Residential Development Neighbourhoods Areas Single detached or semi-detached dwelling $16,612 $24,733 / dwelling unit Townhouse or street townhouse dwelling $11,667 $17,370 / dwelling unit Multiple or duplex dwelling $8,399 $12,505 / dwelling unit Lodging House $4,719 $7,027 / dwelling unit Non -Residential Development— Gross floor area of building $25.08 $75.75 / square metre $2.33 $7.04 / square foot DEVELOPMENT CHARGE RATES (effective from December 1 to December 31) Central Suburban Residential Development Neighbourhoods Areas Single detached or semi-detached dwelling $14,419 $21,468 / dwelling unit Townhouse or street townhouse dwelling $10,127 $15,077 / dwelling unit Multiple or duplex dwelling $7,290 $10,854 / dwelling unit Lodging House $4,096 $6,099 / dwelling unit Non -Residential Development— Gross floor area of building $21.77 $65.75 / square metre $2.02 $6.11 /square foot Page 44 of 99 TABLE C CITY OF KITCHENER SUBURBAN AREA DEVELOPMENT CHARGE RESERVE 7012002 2022 TRANSACTIONS Surplus (Deficit) Balance December 31, 2021 11,118,973 Revenues DC Act Revenue 25,941,157 Interest Income (Expense) 501,567 Total Revenues 26,442,724 Expenditures Fire Technology 93,274.00 Close Out Fire Technology Account (93,274.00) Kolb Drain Smetana To Rothsay Closeout (2,028.68) Monitor/Update Prog - Upper Blair 107,418.00 Engineering Studies 194,201.00 Master Plan/Feasibility Studies 78,501.00 City Share Subdivisions 1,000,613.00 Intensification Allowance 0.00 Biehn Dr & San Trunk Sewer Ext -W 604,888.60 Biehn Dr & San Trunk Sewer Ext -S 730,907.06 Biehn Dr & San Trunk Sewer Ext -R 2,671,591.33 Blair Creek Dr Road & Wm Ext -W 47,754.23 Blair Creek Dr Road & Wm Ext -R 169,792.78 Scada 36,962.00 Misc. Creek Rehabilitation 128,300.00 Hydraulic Modelling 150,000.00 Kof Recovery 441,000.00 Library Technology Upgrade 25,707.00 Close Out New Arena Study (204,220.00) Resources, Furniture & Equipment 38,189.00 Rosenberg Community Centre -South End 239,810.00 Mill Courtland Cc Addition 11377,434.00 Close out Rosenberg CC Account (287,586.00) Planning Studies - Growth 298,464.00 Heritage Impact Assessments 7,499.00 New Indoor Pool - South End 62,849.00 Indoor Turf Field - South End 355,003.00 91 Moore - Sustainable Building Impr 27,774.00 Equip Acquisitions & Upgrades 955,087.00 Vic Park Mstrpin Implementation 17,359.00 Open Space Strategy 31,871.00 Community Trails Gnrl Provision 30,299.00 Ped Bridge 881 - Montgomery Cr 133,611.00 Rolling Meadows Trail 216,424.00 New Neighbourhood Parks 954,602.00 Rbj Schlegel Park 347,174.00 Park Rehab - Idlwd/Kinzie/Chicopee 316,201.00 Shoemaker (Dmaf) 6,324.00 Citywide Parks General Provision 66,169.00 Mclennan Park Improvements 72,700.00 Library Recovery 62,997.00 Charles&Benton Parking Garage Recovery 96,193.00 Civic District Parking Garage Recovery 664,361.00 Refund (Blair, Strasburg Rd N, Mid Strasburg Trunk Sewer, Dc 14,612,785.21 Total Expenditures 26,884,981 Surplus (Deficit) Balance December 31, 2022 10,676,716 Page 45 of 99 TABLE C CITY OF KITCHENER CENTRAL NEIGHBOURHOODS DEVELOPMENT CHARGE RESERVE 7012006 2022 TRANSACTIONS Surplus (Deficit) Balance December 31, 2021 Ravani lac DC Act Revenue Interest Income (Expense) Total Revenues Expenditures Fire Technology Close Out Fire Technology Account Intensification Allowance Cycling Infrastructure Library Technology Upgrade Close Out New Arena Study Resources, Furniture & Equipment Rosenberg Community Centre -South End Mill Courtland Cc Addition Planning Studies - Growth Heritage Impact Assessments New Indoor Pool - South End Indoor Turf Field - South End 91 Moore - Sustainable Building Impr Vic Park Mstrpin Implementation Open Space Strategy Community Trails Gnrl Provision Ped Bridge 881 - Montgomery Cr Rolling Meadows Trail New Neighbourhood Parks Rbj Schlegel Park Park Rehab - Idlwd/Kinzie/Chicopee Shoemaker (DMAF) Citywide Parks General Provision Mclennan Park Improvements Library Recovery Charles&Benton Parking Garage Recovery Civic District Parking Garage Recovery Total Expenditures Surplus (Deficit) Balance December 31, 2022 56,240 91,223 5,398,407 147,463 35,026 (35,026) 176,868 314,432 9,654 (76,688) 14,341 90,052 517,248 112,078 2,816 23,601 133,309 10,429 6,518 11,968 11,378 50,173 81,270 358,468 130,370 118,738 2,375 24,847 27,300 6,003 10,807 74,639 2,242,994 3,302,876 Page 46 of 99 11 a \Do !4\\=atl3\{\ \/ , \ \+\\ \ {\\\\\\\\ ) \ \ \)\ : !4\\=at33\}\ \/ \) \\,{ §\\\ > {\\\\\\\\\\\\ \\\\ j{.\\\}\\\\\\\\\\\\\/{�\E\\\ ; \ \ TABLE F DEVELOPMENT CHARGE 2022 EXEMPTIONS 50% Industrial Enlargement 407,927 Accessory Building 55,195 Additional Dwelling Unit(s) in Existing 5,396,801 Detached Accessory Dwelling Unit 170,254 Municipal Use 47,814 Redevelopment Allowance 1,963,129 Separate School Board 430,310 Temporary Building/Use 18,248 Grand Total 8,489,678 Page 52 of 99 203 LO 2 � \k} } 12 \\ \ §/2\®) : IL 0 o ^ § /\))\\ _\\/ f{))/ !72»2«z i - loa2a _- 2 / 0633! \� \ \\/ ) / : �\\ \ \\\ \\\\(L »y � )` 3 )&§ X22- \ )\ )\(}\ co \ § 2 3 ƒ®%a 0 ® /\} LU / U) k \\ -to o 0 LO 2 � �)\ §/2\®) : IL 0 /\))\\ _\\/ f{))/ !72»2«z i - loa2a 2 2 / 0633! 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N O C m a p O aT L.. - C C U (n 01 21 d m () a N (U > m J (n 0a m Y U O (n >, T Z m > a LomLnv_(7� �o�omAM�� W rn00LOLnco Q coo LOO V O W N LN() N p Ln N OM LO to W W LO coON 0 V w 0 0 LO a) 0) m 0- Ml W J m Z Z) LL W W U) W of W U Q U H Z W LL O J W W ❑ -Fu 00 T 0") 00 o O O M O O7 M It CT) r - , O N Lf) 00 N M N t0 T (D co 0 0c0 COO 00 N LO O MO 40 M LO M d7 0 O LO 00N r N 00 00 N LLo Lo r ti CO co Ln 7 1, 00 N N 4 O Z N M Ln w v7 Q r r fn O) m m Lo r LO O O ti to O - N OD M 00 CO 00 r M M co CO to ti OCTM r T N N ti 0) L0 (6 � O7 "Zi 01 ti T- r 00 r r- cV " r r Lo N N M (M C\j O " r� 00 le r O O 00 LO ti r M AZ OOO co ONO p C6 0 C O Z 0) co Ono 00MO Lo 0 co r 00 00 (0 N M N N N O O M N O r r M O r N N O O N N N r C r M O M X a)C E E C O) O d m Q N lC ox - co 0 S W m TABLE B DEVELOPMENT CHARGE RATES effective from January 1 to November 30 Central Suburban Residential Development Neighbourhoods Areas Single detached or semi-detached dwelling $13,030 $19,448 / dwelling unit Townhouse or street townhouse dwelling $9,149 $13,656 / dwelling unit Multiple or duplex dwelling $6,585 $9,831 / dwelling unit Lodging House $3,702 $5,526 / dwelling unit Non -Residential Development' Gross floor area of building $21.58 $59.84 / square metre $2.00 $5.56 / square foot DEVELOPMENT CHARGE RATES effective from December 1 to December 31 Central Suburban Residential Development Neighbourhoods Areas Single detached or semi-detached dwelling $14,033 $20,945 / dwelling unit Townhouse or street townhouse dwelling $9,853 $14,708 / dwelling unit Multiple or duplex dwelling $7,092 $10,588 / dwelling unit Lodging House $3,987 $5,952 / dwelling unit Non -Residential Development" Gross floor area of building $23.24 $64.45 / square metre $2.16 $5.99 / square foot Page 57 of 99 11r_� 3x41 CITY OF KITCHENER SUBURBAN AREA DEVELOPMENT CHARGE RESERVE 7012002 2021 TRANSACTIONS Surplus (Deficit) Balance December 31, 2020 4,294,493 Revenues DC Act Revenue 27,201,329 Interest Income (Expense) 157,263 Total Revenues 27,358,592 Expenditures Monitor Upper Blair Creek 105,312 Engineering Studies 40,393 Master Plan/Feasibility Studies 76,990 Increasing the budget for Middle Strasburg Trunk Sanitary Ss 6,000,000 City Share of Subdivisions 980,993 Biehn Dr & San Trunk Sewer Ext -Road 488,988 Biehn Dr & San Trunk Sewer Ext-Watermain 22,109 Biehn Dr & San Trunk Sewer Ext -Sanitary 27,311 SCADA 36,237 Miscellaneous Creek Rehab 125,784 Fire Technology from Master Plan - CLOSEOUT FREEPORT SPS UPGRADES (594,910) CLOSEOUT STRASBURG WATERCOURSE MID/SOUTH (100,000) Equipment Acquisitions and Upgrades 936,360 KOF Recovery 433,000 Doon SPS S Refund # 3 1,684,281 Strasburg Rd N 1,000,000 Library Technology Upgrade 25,203 Library Resources, Furniture & Equipment 37,440 Community Library/South End 3,101,314 Planning Studies 262,524 Heritage Impact Assessments 7,352 91 Moore - Sustainable Building Improvements 27,229 New Neighbourhood Parks 544,587 RBJ Schlegel Park 3,141,288 NEW ARENA STUDY 204,220 NEW INDOOR POOL - SOUTH END 69,271 DOWNTOWN REC. SPACE STUDY 17,018 ROSENBERG COMMUNITY CENTRE -SOUTH END (219,015) Mill Courtland Community Centre Addition 238,819 VIC PARK MSTRPLN IMPLEMENTATION 85,092 OUTDOOR COURTS STUDY 13,615 COMMUNITY TRAILS GNRL PROVISION 43,817 PED BRIDGE ROTHSAY 115,682 STIRLING TO MADISON TRAIL 94,510 LAURENTIAN TRAIL 67,848 ALPINE PARK TRAIL 83,605 PARKS & SPORTSFIELDS GEN PRV 67,567 SHOEMAKER (DMAF) 114,139 PROSPECT PARK (DMAF) 43,620 WATER REUSE SYSTEM - RBJ SCHLEGEL 90,875 CITYWIDE PARKS GENERAL PROVISION 70,717 HNA ECOLOGICAL MGMT PLAN 65,430 CEMETERIES STRATEGIC PLAN 51,056 Library Recovery 61,171 Charles&Benton Parking Garage Recovery 93,496 Civic District Parking Garage Recovery 651,775 Total Expenditures 20,534,113 Surplus (Deficit) Balance December 31, 2021 11,118,973 Page 58 of 99 TABLE C CITY OF KITCHENER CENTRAL NEIGHBOURHOODS DEVELOPMENT CHARGE RESERVE 7012006 2021 TRANSACTIONS Surplus (Deficit) Balance December 31, 2020 Revenues DC Act Revenue Interest Income (Expense) Total Revenues Expenditures Intensification Allowance Cycling Infrastructure Fire Technology from Master Plan Library Technology Upgrade Library Resources, Furniture & Equipment Community Library/South End Planning Studies Heritage Impact Assessments 91 Moore - Sustainable Building Improvements New Neighbourhood Parks RBJ Schlegel Park NEW ARENA STUDY NEW INDOOR POOL - SOUTH END DOWNTOWN REC. SPACE STUDY ROSENBERG COMMUNITY CENTRE -SOUTH END Mill Courtland Community Centre Addition VIC PARK MSTRPLN IMPLEMENTATION OUTDOOR COURTS STUDY COMMUNITY TRAILS GNRL PROVISION PED BRIDGE ROTHSAY STIRLING TO MADISON TRAIL LAURENTIAN TRAIL ALPINE PARK TRAIL PARKS & SPORTSFIELDS GEN PRV SHOEMAKER(DMAF) PROSPECT PARK (DMAF) WATER REUSE SYSTEM - RBJ SCHLEGEL CITYWIDE PARKS GENERAL PROVISION HNA ECOLOGICAL MGMT PLAN CEMETERIES STRATEGIC PLAN Library Recovery Charles&Benton Parking Garage Recovery Civic District Parking Garage Recovery Total Expenditures Surplus (Deficit) Balance December 31, 2021 4,898,652 56,446 173,400 308,267 0 9,464 14,060 1,164,593 98,583 2,761 10,225 204,501 1,179,603 76,688 26,013 6,391 (20,869) 89,680 31,953 5,112 16,454 43,441 35,490 25,478 31,395 25,372 42,861 16,380 34,125 26,555 24,570 19,172 5,829 10,504 73,225 4,254,585 4,955,098 3,811,276 5,398,407 Page 59 of 99 4e .. iso E E r ............ m elm �� r m �ammmna=�irr� �n o Z qm mmm om,m�m,ry vm .n opo oo�n ain ��h vo 6 5 Ewe—u_ummmh�LLuuwroh��unxmznzzonE n���nhn�uxu�GG / _ \)\\\}\()\/{- §/ j/j) !)}!/\§))]/jfj}):„w>=;5;::le\)!5/>:f§lJ:J: ! \ / (M 3 0 (D » D n � (M 3 0 q Q » D n � [f )0 1 El - / )\) §) _ §:_ I wz ƒ� z\�\\ _ -- \\\\ \ \lo E _\)\/\}\\)\/{\\/$/- §\ ))]/jfj}):,=w>=;5;:alG\)!5/>:!§lJ:J: (M 3 0 q Q » D n � 2 3 0 q Q c D n � _ (» 0 :- 2- �\0 \(((\{ j T <)/oww - - - / a\{\§)§\/IDT:< <\§[§/§/\ ( ( - -� §/) `- } §f - jj1Z]]/))/!!»»:m;;J:!=:2±=:R,C)C) --}\}}\(\\/{\\\))(}(\/ii - / 3 2 > I | 2& zm §$\ . . # 2 3 0 q Q c D n � _ (» :- \(((\{ j - - - / a\{\§)§\/IDT:< <\§[§/§/\ ( ( -� ~ `- } §f - jj1Z]]/))/!!»»:m;;J:!=:2±=:R,C)C) --}\}}\(\\/{\\\))(}(\/ii - / 3 2 > 2 3 0 q Q c D n � I i H (! :- -0_ ) £ �\j/ \(»\f - ! L) \ - \§j\§).\(/(/)j§()[(/(j2 - `% /§/)\ } . - - - 2 > / / / oww I | 2& I i H (! :- -0_ so \(»\f - § \ - \§j\§).\(/(/)j§()[(/(j2 - `% /§/)\ } --}\}{\(}\//\)(m§00 j1Z]]/))/!!»»::;;J:!=:2±=:;,Im!/3 - - - 2 > / / / TABLE F DEVELOPMENT CHARGE 2021 EXEMPTIONS 50% Industrial Enlargement Accessory Building Additional Dwelling Unit(s) in Existing Local Board Municipal Use Public School Board Redevelopment Allowance Grand Total 11,137 33,589 3,416,734 6,528 3,130 41,594 6,051,075 9,563,787 Page 65 of 99 \\� 0') 3 0 m Q » D n � \} / z:\:\z \\//j 0') CD 0 � Q » D E � W C7 Q U H Z W 2 IL LU> W O o 0 � O o N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N X 0 0 0 0 0 0 0 OJ O O I� 0 0 0 0 0 0 0 0 0 0 to In O N m N V I� B O O r Co� m � In V CO O M V M (D _ _ O _ _ al _ _ _ 7 _ _ _ _ _ _ "I_ _ N M In O N m M N V M m m m M N In M m CO m m InN N m aN N M N N N CO O N Nm m B O O � N E O N � 7 N N m N � a N O O O O W O 0 0 0 0 0 0 0 0 0 0 0 0 M O In M a O N O M O N M O W N M I� N M CnIn O CO I� M I - r O r� C9 W m In V 7 0 0 M 7 M O N CO wm m O� N V NO M m In m m M N l0 O0 (O m m m h N W N M N N iW O N N m N 7 0 0 0 N O O O I� V N N V M Cm4 m a C9 M Q Q m mml m C C m -o a as a -p _ W Z a Z U)mm m a m Z� Q> a c> Z Z U1 ti s= W> Q Q U) U) a UO m N 01 p d C N "O m a m N m L O a L C C 00 C0 = U) � 'o a n n 2 7 m o m i n M W U) m U) 0 n m rn 4- 0 co a� c� Ml ± m / 2 m zLL± _ ±> >± ±$ ± U) ƒ ± c � < I O @ z ± � I O w > ± O LL O � O CD \ O / Mo0�£ C / w r- � 0 � 7 � k � ��N�\ L6 f ~ s q o o e w« co 7 / / q / / co N � Lo � Ln c o M w 2 SIt*Lo Cli w — N 00 \\k N� �\ k o � co / c w 2 $ $ - Q , r- m / -r- CT k \ \ \ ^ L P--7 m 0 It 00 ® / CN �®77 0 o_ Lo C6 k U�co (D00 k + \ 6 No E y� 7c! � // T \ k n k CO \ E C § z § % % < 2 © ©,y7% cc� co M c o ee o N \ § C14 ( m U-% 0 X_ � E 2 E § ) ® § ¥ \ UJ § W= o e = m o u 2 7 0 7 V u 1!F m < % m / \ / \ wCL m m 7 3 0 m Q c D n � TABLE B DEVELOPMENT CHARGE RATES effective from January 1 to June 30 Central Suburban Residential Development Neighbourhoods Areas Single detached or semi-detached dwelling $6,030 $11,573 / dwelling unit Townhouse or street townhouse dwelling $4,272 $8,199 / dwelling unit Multiple or duplex dwelling $3,327 $6,387 / dwelling unit Lodging House $1,834 $3,519 / dwelling unit Non -Residential Development** Gross floor area of building $18.01 $59.60 / square metre $1.66 $5.54 / square foot **The rates as shown above represent the full non-residential DC rate. For the period of July 1, 2014 to March 1, 2019, Council approved a 50% reduction of the Non -Residential rate for industrial development. DEVELOPMENT CHARGE RATES effective from July 1 to November 30 Central Suburban Residential Development Neighbourhoods Areas Single detached or semi-detached dwelling $12,549 $18,730 / dwelling unit Townhouse or street townhouse dwelling $8,811 $13,152 / dwelling unit Multiple or duplex dwelling $6,342 $9,468 / dwelling unit Lodging House $3,565 $5,322 / dwelling unit Non -Residential Development** Gross floor area of building $20.78 $57.63 / square metre $1.92 $5.36 / square foot DEVELOPMENT CHARGE RATES (effective from December 1 to December 31) Central Suburban Residential Development Neighbourhoods Areas Single detached or semi-detached dwelling $12,700 $18,955 / dwelling unit Townhouse or street townhouse dwelling $8,917 $13,310 / dwelling unit Multiple or duplex dwelling $6,418 $9,582 / dwelling unit Lodging House $3,608 $5,386 / dwelling unit Non -Residential Development** Gross floor area of building $21.03 $58.32 / square metre $1.94 $5.42 /square foot Page 70 of 99 TABLE C CITY OF KITCHENER SUBURBAN AREA DEVELOPMENT CHARGE RESERVE 7012002 2019 TRANSACTIONS Surplus (Deficit) Balance December 31, 2018 (5,844,052) Revenues DC Act Revenue 15,162,443 Industrial Exemption Funding 441,929 Downtown Exemption Funding - Interest Income (Expense) (51,965) Total Revenues 15,552,407 City Share of Subdivisions 2,261,183 Doon S Sanitary Pumping Station - Refund 3,955,532 SCADA 31,798 Freeport Sanitary Pumping Station Upgrades and Forcemain (2,275,000) Otterbein/Forwell Sanitary Pumping Station (1,000,000) Doon S Sanitary Pumping Station (18,966) Miscellaneous Creek Rehab 110,408 Engineering Studies 182,911 Monitor Upper Blair Creek 122,000 Development Charge Study -Non -Discounted Services 85,645 Master Plan/Feasibility Studies 73,973 Fire Technology from Master Plan (2,925) Equipment Acquisitions and Upgrades 463,886 Equipment Acquisitions Recovery 99,000 KOF Recovery 507,000 Planning Studies 104,932 Development Process Review 72,784 Development Charge Study -Discounted Services 63,087 Heritage Impact Assessments 1,182 Library Technology Upgrade 20,286 Huron Brigadoon Community Centre 1,191,465 Doon Pioneer Park Community Centre 411,763 Mill Courtland Community Centre Addition 17,058 Community Trails 414,952 Neighbourhood Park Development 329,565 District Park Development 212,351 Neighbourhood Park Rehabilitation 15,813 Victoria Park Redevelopment 11,391 Huron Natural Area Redevelopment 2,068 McLennan Park Redevelopment 976 Library Recovery 837,221 Civic District Parking Garage Recovery 364,095 Charles and Benton Parking Garage Recovery 199,578 Total Expenditures 8,867,012 Surplus (Deficit) Balance December 31, 2019 841,343 Page 71 of 99 TABLE C CITY OF KITCHENER CENTRAL NEIGHBOURHOODS DEVELOPMENT CHARGE RESERVE 7012006 2019 TRANSACTIONS Surplus (Deficit) Balance December 31, 2018 Rol/ani iac DC Act Revenue Industrial Exemption Funding Downtown Exemption Funding Interest Income (Expense) Total Revenues Expenditures Intensification Allowance Planning Studies Development Process Review Development Charge Study -Discounted Services Heritage Impact Assessments Library Technology Upgrade Huron Brigadoon Community Centre Doon Pioneer Park Community Centre Mill Courtland Community Centre Addition Community Trails Neighbourhood Park Development District Park Development Neighbourhood Park Rehabilitation Victoria Park Redevelopment Huron Natural Area Redevelopment McLennan Park Redevelopment Library Recovery Civic District Parking Garage Recovery Charles and Benton Parking Garage Recovery Total Expenditures Surplus (Deficit) Balance December 31, 2019 1,170,314 21,801 42,245 (15,986) 11,825 8,216 7,145 146 1,933 113,535 39,237 1,625 39,541 31,404 20,235 1,507 1,085 197 93 79,779 40,905 22,422 573,446 1,234,360 404,844 1,402,962 Page 72 of 99 LU w W CO K W W C' Lu LL Z W U U = a _ y = 6 Y U h LL F LL O Z 6 > W C H � c U LLO W LU N 0 r O 0 N N (n m � m O d+' r 'norn rmoo rm�v o M A In M O S In In O N M r m O m U r N a p N M M M N A F Uo ❑ C W M O O (00 O O V ti N o o In O M N 0 0 W 0 0 0 O M V O (D c� m cf O O o7 r O N M N 0 0 (O V M u[ M V N 0 0 0 0 y C In In O O N N �O mN m 6 r In O O N o W V O N r N N r In N N W r" (O 0 0 � � 07 r N O i1J �� M M o" o o N M N O N C_ 2 Q N V V M N V O M O m d r O N o d 4 ❑ jp L d � d s Z co ' N V r N (D (O m M N (O M O (O (O W O Q y — (O r O O O' V O) O (O c0 O O a7 r O N V r 0 (O M W M O Ol N O (O C d L (n O. 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U E x o m m U a o o d U .� a CL m CL a d a m o co p p y a Q a a Ul "m c m a d d c c E E d F c "c a LL m g y m E U] = m `o o d E E ;� o o a' >. °� LL o a° L a° m Z c >, p y v) ❑ n d a' c .. d m F n a .� t `o o °J `m v m m v v O :� = 'm 'm `m o= omm S v> r U❑U)LLLLO❑� W �❑ 2LL W W YSd❑❑ 2 J 2❑�U z Z > 7 2J C) C) VII CD 4- 0 CA'7 W I..L ol \f\\\\\ \ 75 \ (M 3 0 � � » D n � (M 3 0 LO � » D n � ol 11 11 s /\\\}\\\\\}}\\\\\\\\\}\\\ \ \ \ \ (M 3 0 LO � » D n � mays- 0 TABLE F DEVELOPMENT CHARGE 2019 EXEMPTIONS 50% Industrial Enlargement Accessory Building Additional Dwelling Unit(s) in Existing Downtown Exemption Federal Use Municipal Use Public Hospital Addition Public School Board Redevelopment Allowance 578,397 679 1,282,168 7,687,069 14,370 11,956 6,481 270,967 1,544,479 11,396,566 Page 77 of 99 e / 0') 3 0 m I— » D n � \ \ _ ca _E })\ \ ) { »)l \ \ \) \ \\\ , )) \E ) 3 \ ƒ \633) a 2»m ))) -- r z \ob &® LL m \co ° IL \ o \ 0 oo - - ])) - § \ \}\ {\ LU f§($))/[ \ \ \///\}}\ \\\LU� \ \ \�\ \\ ®a k \) \ 0') 3 0 m I— » D n � _ ca _E ) { »)l _ _ \) \ u) L) \E \ ƒ \633) a 2»m a 0') 3 0 m I— » D n � 0') CD 0 7 � » D E � \/ \ 0 ]\\ M O / / $ a a m m ) }� oe °) _ §\ §\m a= \§0 E < LU u aLo e \ { /\ \ 0') CD 0 7 � » D E � \/ \ 0 ]\\ M O / / $ a a m m ) }� oe °) �kZia=, §\ §\m a= \§0 E < LU e \ \� \ 0') CD 0 7 � » D E � \ 0 ]\\ M O / / $ a a m m ) 0') CD 0 7 � » D E � Staff Report l IKgc.;i' r� R Chief Administrator's Office www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 11, 2023 SUBMITTED BY: Kathryn Dever, Director Strategy & Corporate Performance, 519-741-2200 ext. 7370 PREPARED BY: Kathryn Dever, Director Strategy & Corporate Performance, 519-741-2200 ext. 7370 WARD(S) INVOLVED: All Wards DATE OF REPORT: November 30, 2023 REPORT NO.: CAO -2023-542 SUBJECT: K -W Joint Services Initiative Committee 2023 Update RECOMMENDATION: For information. REPORT HIGHLIGHTS: • The report provides Council an update on Joint Services Initiatives between Kitchener and Waterloo. • Of 4 joint initiatives undertaken over the last year, 2 were completed and 2 will continue in 2024; 2 new initiatives will begin in 2024. • There are no financial implications associated with this report. • The community was informed by posting of the report to the City's website with the agenda in advance of the Council meeting, and current information on the joint services page of the City's website. • This report supports the delivery of core services. BACKGROUND: This report provides Council an update on Joint Services Initiatives between Kitchener and Waterloo. The two Cities have an established history of collaboration, and a formalized approach through the Kitchener -Waterloo Joint Services Initiatives Committee (JSIC) for over 15 years. The initiative seeks to maximize effectiveness and efficiency of resources and service delivery, complete joint strategic initiatives, and build capacity from best practices — all to benefit residents in both cities. Over 80 joint initiatives have been undertaken, with some formally completed and others continuing as part of ongoing operations and service delivery. Staff track progress of the initiatives including service improvements, efficiencies and cost savings achieved, which are reported to Council annually. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 80 of 99 REPORT: Annual joint initiative opportunities are identified in the fall for the upcoming year by the JSIC (the CROs and senior leadership teams of each municipality) by selecting several initiatives which best: • Enhance the ability of either city to deliver or develop a service or program outside of its resources, • Create service -level improvements, while maintaining costs or producing future savings, • Provide operational and/or capital opportunities, and/or • Feature best practices of one or both organizations. 2023 Joint Services Initiative Accomplishments Two initiatives were successfully completed and 2 will continue into 2024; key accomplishments and progress updates are highlighted below. Affordable Housing Strategy: Completed, with collaboration to continue as part of ongoing operations and core service delivery. • This initiative began in 2022 and focused on collaborating on program development and implementation to address housing challenges in the community, building on Kitchener's Housing For All Strategy and sharing best practices to inform development of Waterloo's first Affordable Housing Strategy. • Collaboration included information -sharing through regular forums including housing and homelessness municipal leads, refugee housing working group, and municipal affordable housing incentives working group. • Reports, resources and fact sheets related to housing incentives were shared or co - developed, some in partnership with the Region, creating efficiencies and reducing workloads. Once Waterloo completed its Affordable Housing Strategy in March, this formal joint initiative was concluded; ongoing collaboration will continue between the Cities and other local partners. Administrative Monetary Penalty System (AMPS) Expansion: Completed, with collaboration to continue as part of ongoing operations and core service delivery. • This initiative expanded on the Cities' common AMPS which moves adjudication of parking tickets out of the provincial court system, to include provincial offence notices for other offences including noise, backyard fires, dumping, and dogs off leash. • The scope was expanded to include Cambridge, and an external consultant with local knowledge was retained for a cost-effective approach that ensured consistent by-law language between the municipalities. • Bylaws were drafted for each Council's approval, with supporting processes and system improvements put in place; Waterloo launched the expanded program in mid -2023 and Kitchener will launch in spring 2024. • Cost savings, while difficult to measure, will be seen through a reduction of staff time and overtime appearing in court through a more efficient process —which is also more efficient for residents. Page 81 of 99 Inclusionary Zoning — Affordable Housing: Continuing into 2024. • This multi-year initiative is assessing, through a coordinated approach, the impact and opportunity of legislation requiring inclusion of affordable housing units in new residential developments, and the option for municipalities to implement such zoning. • Work in 2023 focused on engaging Councils on a policy and program discussion paper, retaining an external consultant to update a financial analysis, and drafting implementation guidelines and Official Plan and Zoning By-law amendments • Continued collaboration in 2024 will include finalizing detailed policy and program development, with a target to complete the project in Q1 2024 • Estimated cost savings of $100,000 (based on each City's share) through joint funding of consultants, peer review work and communications materials. Vision Zero: Continuing into 2024. • Vision Zero is a strategy to eliminate traffic fatalities and severe injuries while increasing safe, healthy, equitable mobility for all; this joint initiative is about adopting the philosophy of Vision Zero and implementing strategies focused on engineering, evaluation and education. Kitchener, Waterloo and other partners released two street safety videos as a part of shared public education campaign, relaunched the Selective Traffic Enforcement Program with Waterloo Regional Police, and launched targeted street safety improvements at locations identified through a network screening tool developed with the University of Waterloo. Continued collaboration in 2024 will see both Cities continue implementing, installing and posting neighbourhood/reduced speed limits as approved by each Council; as well as additional educational campaigns and ongoing project meetings with key stakeholders. Over $100,000 in savings is anticipated over the life of the initiative through cost sharing on research and educational campaigns/videos, and through grant contributions. New Joint Services Initiatives to Begin in 2024 In addition to the two continuing initiatives, JSIC added two new initiatives to the formal program; updates will provided in the next annual report. Official Plans Comprehensive Review: The Cities of Kitchener and Waterloo are both undertaking comprehensive reviews and updates to their respective Official Plans. These key enabling land use planning strategies will guide future growth and development across the communities and there is an opportunity to pursue them in a coordinated manner and toward consistent frameworks and outputs. The work will include addressing anticipated downloading of planning responsibilities from the Region, approval processes, creating a clear planning framework for developers; and will focus on priorities such as Bill 23 impacts, zoning and other key policies identified as priorities for alignment between the two Cities. Sport and Recreation Joint Service Committee: Kitchener and Waterloo both liaise with a variety of community, sport and recreation groups and organizations to deliver programming and services to residents. During the Covid-19 pandemic several positive practices were implemented which allowed for alignment between the municipalities in managing protocols to ensure a dependable level of service delivery for community groups. There is an opportunity to bring consistency to the approach of sport and recreation service delivery through information Page 82 of 99 sharing, understanding best practices, joint training and development, and maximizing resources with the potential for the initiative to expand beyond the two Cities to include other local municipalities; staff leads will scope this out once the initiative is underway. Broader Collaboration Outside of the formal JSIC program, both municipalities collaborate informally with one another and with other area municipalities and the Region of Waterloo as project partners. Recent examples of local municipal collaboration outside the formal annual JSIC program include: • Information -sharing on area municipal Strategic Plan development including community engagement approaches, aligning around key goal areas, and approaches to implementation and monitoring. • Participation in the Reconciliation Action Partnership, a collaborative group of municipal representatives working to coordinate efforts to support Indigenous -centred initiatives across Waterloo Region. • Collaboration on housing and homelessness to address challenges and identify locations for service providers to keep members of our vulnerable population safe. • Harmonized approach to green development standards for all urban -area municipalities in the region, in partnership with a wide range of local stakeholders. • Developing standard municipal facility accessibility guidelines for design and renovation of City buildings, providing common expectations to architects, designers and contractors (also includes Cambridge). • Review of cricket facilities and programming to respond to growing local interest and participation in this sport (also includes Cambridge). • Consistent public safety communication content and timing to local residents for, e.g., severe weather event declarations and emergency preparedness week. • Development of guidelines for honoraria and compensation for advisory and quasi- judicial committees. • Government relations and advocacy on a number of projects including delegation meetings at the Association of Municipalities of Ontario Annual Conference and continued advocacy to the Province on legislative priorities. • Area municipal CAOs identify broader collaboration opportunities to improve service effectiveness and efficiency for citizens, with an emphasis on enhanced collaboration between the Region and local municipalities. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Both Cities maintain current information about active joint service initiatives and upcoming projects at: www.kitchener.ca/iointservices and www.waterloo.ca/mointservices. Page 83 of 99 PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Dan Chapman, Chief Administrative Officer Page 84 of 99 Staff Report l IKgc.;i' r� R Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 11, 2023 SUBMITTED BY: Ryan Hagey, Director of Financial Planning & Asset Management, 519-741-2200 ext. 7353 PREPARED BY: Debbie Andrade, Manager of Budgets, 519-741-2200 ext. 7114 WARD(S) INVOLVED: All Wards DATE OF REPORT: November 21, 2023 REPORT NO.: FIN -2023-537 SUBJECT: September 2023 Variance Report RECOMMENDATION: For information. REPORT HIGHLIGHTS: • The purpose of this report is to provide an update on financial results for City operations. • Tax supported operations are projecting a surplus of $3,260,000. • Most enterprise operations (non -tax supported business lines) are projecting surpluses. • This report supports the delivery of core services. EXECUTIVE SUMMARY: This is the second variance report to Council regarding the City's financial performance versus the 2023 budget. The report and attached schedules include information regarding: • Tax supported operations Rate supported enterprises/utilities, and Supplementary information related to investment income REPORT: Overall staff is projecting the City's tax supported results for 2023 will be a surplus of $3,260,000. The major contributors to the overall positive variance are the projected surpluses in Planning, Supplementary Taxes, Penalties and Interest, and Gapping. These positive variances are offset in part by projected deficits in Sport, Corporate Communications, Facilities Management, Parks and Cemeteries, and Contract Services. More details about each of the City's tax supported divisions are provided in the report below and in Schedule 1. The City's enterprise (non -tax supported business lines) results to the end of September show most of the enterprises have results that were better than budgeted. However, Parking is projecting a deficit due to lower than anticipated revenues as a result of reduced monthly and hourly parking demands related to hybrid working environments. More details about each of the City's enterprises are provided in the report below and in Schedules 2-8. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 85 of 99 Significant projected tax supported variances (over $200,000) are summarized below. Additional details are provided in Schedule 1 for projected variances that exceed $100,000. Operating Fund — Tax Base (Schedule 1) Staff is projecting the City's tax supported results for 2023 will be a surplus of $3,260,000. Significant Projected Variances (over $200, 000) Corporate Services Department: • Corporate Communications is projecting a deficit of $200,000 due to reduced advertising and sponsorship revenue as well as increased printing expenses. Development Services Department: • Planning is projecting a surplus of $805,000 due to higher than anticipated revenues for Site Plans as well as Official Plan and Zoning By -Law Amendments. Infrastructure Services Department: • Parks and Cemeteries is projecting a deficit of $285,000 due to reduced crematorium revenues as well as increased operating and maintenance costs. General Expenses: • Gapping is projecting a surplus of $1,375,000 due to staff savings resulting from vacancies. General Revenues: • Supplementary Taxes/Write-Offs is projecting a surplus of $750,000 due to higher than expected supplementary revenues as well as lower than expected tax appeal write-offs. • Penalties and Interest is projecting a surplus of $500,000 due to an increase in overall property tax receivable balances. Enterprises — (Schedules 2 to 8) Six of the City's seven enterprises are projecting year end surpluses. Details of each enterprise are noted below. Building Enterprise (Schedule 2) The Building Enterprise is projecting a surplus of $2,757,000 due to higher than expected revenues for new rental housing projects in the mid- and high-rise categories and cost savings related to staff vacancies. Golf Enterarise (Schedule 3 The Golf Enterprise is projecting a year end surplus of $190,000 due to higher than budgeted green fee revenue which is offset in part by higher than budgeted wages and increased credit card fees. Parking Enterprise (Schedule 4) The Parking Enterprise has an approved deficit budget of $1,531,000 and is projecting a further deficit of $440,000 due to reduced monthly and meter revenues which are offset in part Page 86 of 99 by staff vacancies and the loss of a surface parking lot due to a terminated lease. A balance of $703,000 remains in Safe Restart & COVID-19 Recovery Funding received from the Federal and Provincial governments. This will be used to help offset any deficit in Parking due to the remaining impacts from the pandemic. Water Utility (Schedule 51 The Water Utility is projecting a surplus of $2,079,000 due to increased volume of water sold as a result of the warmer weather. Sanitary Sewer Utility (Schedule 6) The Sanitary Sewer Utility is projecting a surplus of $5,441,000 due to higher than budgeted revenues, which is consistent with increased volume sales also noted in the Water utility. Additionally, operating expenses are projected to be down due to resource gaps resulting in decreased preventative maintenance. Stormwater Utility (Schedule 7) The Stormwater Utility is projecting a slight surplus of $140,000 due to higher stormwater revenues from increased development and projected staff vacancies. Gas Utility (Schedule 8) The Gas Utility (Total) is projecting a surplus of $1,360,000. • Gas Delivery is projecting a surplus of $786,000 due to rate increase as of September. • Other Programs (Rental Water Heaters and KU Dispatch) is projecting a deficit of $1,292,000 due to higher depreciation costs of rental water heaters and increased carrying costs. • Gas Supply is projecting a surplus of $1,866,000 due to reduced operating expenses as a result of lower volumes of gas sold and favourable hedging strategies. Investment Reaort (Schedule 9 All investments made were in accordance with the City's investment policy. Short-term investment yields to date have averaged 4.52% which is higher than the average interest rate of 3.44% for all of 2022. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Financial implications are discussed above and detailed in the attached schedules. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer Page 87 of 99 ATTACHMENTS: • Schedule 1 • Schedule 2 • Schedule 3 • Schedule 4 • Schedule 5 • Schedule 6 • Schedule 7 • Schedule 8 • Schedule 9 Statement of Operations — Tax Supported Services Statement of Operations — Building Statement of Operations — Golf Statement of Operations — Parking Statement of Operations — Water Statement of Operations — Sanitary Sewer Statement of Operations — Stormwater Statement of Operations — Gas Investment Report Page 88 of 99 r m 0006- N O - � 00 O N v N N N H K N Z Q N Z F WW C VM C U Q cW Z C F O U O > Z W z l7 W L. w ~ O K H f6 v LL o CC w z E O F=z p o~c� a� R of LL H u d H v' 06 K Q - 0 ¢ H Q V ° ry w Q p W O Z O H op d '6 C O LL O z_ U s L W O ? 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