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HomeMy WebLinkAboutCouncil Minutes - 2023-12-11�:T,,,,IE�I' � Council Meeting Minutes December 11, 2023, 7:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Deneault Councillor C. Michaud Councillor A. Owodunni Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor A. Clancy Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator V. Raab, General Manager, Corporate Services J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services L. MacDonald, City Solicitor B. Rowland, Director, Corporate Communications and Marketing G. MacNeil, Director, Enforcement A. Fusco, Director Legislated Services / City Clerk B. Cronkite, Director, Transportation Services G. Stevenson, Manager, Development Review A. McCrimmon-Jones, Manager, Transportation Safety & Policy D. Saunderson, Deputy Clerk 1. COMMENCEMENT The electronic meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 1 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. regionofwaterloo. ca. 2. MINUTES FOR APPROVAL On motion by Councillor P. Singh the minutes of the regular meeting held November 6, 2023, and special meetings held November 6, November 20, November 27, and December 4, 2023, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Item 7.2.c (on the agenda) Rental Housing, Eviction and Displacement Study, DSD -2023-486 Councillor P. Singh declared a pecuniary interest on item 7.2.c. Rental Housing Eviction and Displacement Study, DSD -2023-486, as he owns rental properties and is in the process of seeking legal advice related to the conflict and did not participate in any voting or discussion on this matter. 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request Under Policy MUN-FAC-442 4.1.a Sai Mandir - November 25, 2023 5. PRESENTATIONS 5.1 Presentation of Appreciation to Outgoing Councillor Aislinn Clancy Mayor B. Vrbanovic recognized the successful election of Councillor A. Clancy as the Member of Provincial Parliament (MPP) for Kitchener Centre in the recent By-election, noting that she will be leaving her municipal council seat. Councillor A. Clancy's participation and involvement over the past year, while she held municipal office, were acknowledged. Councillor A. Clancy left the meeting at this time. E 5.2 Hospital Redevelopment - Status Update Ron Gagnon, Hospital President and CEO, Grand River Hospital and Mark Fam, President, St. Mary's Hospital, addressed City Council on the future of the hospital system within the Region, noting Grand River Hospital and St Mary's General Hospital have partnered together to work towards the redevelopment of a joint new acute care hospital site. In addition to the new hospital, Grand River Freeport Campus will be renewed with a focus on rehabilitation and mental health, whereas the Grand River Kitchener Site will be repurposed to focus on urgent care and ambulatory care. Mayor B. Vrbanovic left the meeting at this time and Acting Mayor S. Davey assumed the role of the Chair. Mayor B. Vrbanovic returned to the meeting and re -assumed the Chair. R. Gagnon and M. Fam provided an overview of the current stage of the project noting the redevelopment project could take up to 10 -years to complete. They then responded to questions from Council. 6. DELEGATIONS 6.1 Become a 'Better City for Pets' Request Justine Sparling, Dog Friendly KW, provided an overview of their organization, noting their dedication to creating a safe and inclusive dog -friendly community, while promoting responsible dog ownership. J. Sparling requested that Council approve Dog Friendly KW to submit the Better Cities for Pets Assessment for certification with support and approval from the KW Humane Society and City of Kitchener staff. The delegate responded to questions from Council regarding responsible pet ownership, the importance of licensing pets and timeframes to receive certification. Gloria McNeil, Director of By-law Enforcement, responded to questions from Council and expressed staff's support for the delegation's request. Councillor P. Singh left the meeting and returned to the meeting at this time. Moved by Councillor S. Davey Seconded by Councillor C. Michaud "That Dog Friendly KW be approved to submit the Better Cities for Pets Assessment for certification with support and approval from the KW Humane Society and City of Kitchener staff." Carried 3 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 Council considered 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, which was deferred from November 27, 2023. In addition, Council was in receipt of Development Services Department report DSD -2023-552, which includes additional information from staff related to the subject application. The application was listed as Item 8.8.1 on the agenda this date; as well as a written submission from the Region of Waterloo on the proposed Application. Andrea Sinclair, MHBC Planning, was in attendance on behalf of the applicant, in support of the applications. The delegate responded to the Region of Waterloo's restrictions on the proposed development noting they are agreeable to a maximum height in the by-law but not fixing any coordinates for the subject property. Members of Council asked questions of staff regarding the Region of Waterloo's amendments for setback to height requirements and received responses from Garett Stevenson, Manager, Development. G. Stevenson reported that Region staff, this evening, indicated a maximum building height above sea level, would alleviate their concern. G. Stevenson indicated staff were not able to regulate crane heights or locations. A motion was brought forward by Councillor P. Singh, seconded by Councillor D. Chapman to approve the staff recommendation as outlined in the report. An amendment was then moved by Councillor D. Schnider, which was seconded by Councillor B. loannidis, to include the following: "That Special Regulation provision 804, outlined in the draft proposed by- law, attached as Appendix B report DSD -2023-0299, listed as item 10.5 on the October 30, 2023 Planning and Strategic Initiatives Committee agenda, be amended by adding the following clauses: vi) That the maximum building height shall be 535 masl (metres above sea level); and; That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/01 1 /K/CD." M Councillor Schnider's amendment was then voted on and was Carried. The main motion as amended, was then voted on. Moved by Councillor P. Singh Seconded by Councillor D. Chapman "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 Development Services Department 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'; and, That Special Regulation provision 804, outlined in the draft proposed by- law, attached as Appendix B report DSD -2023-0299, listed as item 10.5 on the October 30, 2023 Planning and Strategic Initiatives Committee agenda, be amended by adding the following clauses: vi) That the maximum building height shall be 535 masl (metres above sea level); and, further; That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/011/K/CD." Carried, as amended 6.3 Speed Limits in School Zones, DSD -2023-512, Listed as Item 7.2.b. on the agenda. Council considered Speed Limits in School Zones, DSD -2023-512, listed as Item 7.2.b. on the agenda. The City was in receipt of a written submission on the matter from the Region of Waterloo and Luke Hoyt. Leslie Maxwell addressed Council in support of the staff recommendation as outlined in Report DSD -2023-512 and then responded to questions from Council regarding speed limits in school zones, and enforcement abilities. l Members of Council asked questions of staff regarding the Regional determination of speed limits on regional roads, staff's recommendation to increase school zones located on streets designated Major Community Collector and City Arterial from 30 km/hr to 40/km to align with the region, Local and Minor Neighbourhood Collector maintain a consistent and static speed limit of 30 km/h and received responses from Aaron McCrimmon-Jones, Manager, Transportation Safety and Barry Cronkite, Director of Transportation. In response to questions regarding speed comparison before automated speed enforcement (ASE) was present and after it was installed, A. McCrimmon-Jones reported that staff saw a 15 km/hr reduction of 80th percentile in certain school zones. A. McCrimmon-Jones reported that the Region as the operator of the ASE program maintains jurisdiction to control the parameters of the ASE cameras and how they function as based on provincial legislation. B. Cronkite reported on the previous pilot to reduce speed limits in certain school zones from 50 km/hr to 40 km/hr in 2020 and subsequently to 30 km/hr in 2021. Studies showed that reduction in speeds was ranging from 1-10%, far less than the reduction in speeds in ASE as reported by B. Cronkite. Members of Council asked questions regarding the City's ability to assume control of the ASE, working through the Joint Processing Centre, use of the Provincial Offences Court, setting of fines, revenue generated from the ASE, determination of community safety zones and school zones, determining speed limits based on the nature of the road, future installations of ASE devices on regional roads and city streets in 2024, use of signage or signalization to advise of an ASE present, and received responses from A. McCrimmon-Jones and B. Cronkite. Councillor A. Owodunni left the meeting and returned to the meeting at this time. Councillor J. Deneault left the meeting and returned to the meeting at this time. Councillor S. Davey brought forward the following motion, which was seconded by Councillor D. Schnider: "WHEREAS the City of Kitchener lacks the authority to set separate speed limits inside/outside school hours in locations where Automated Speed Enforcement (ASE) is installed and; WHEREAS the City of Kitchener also lacks the authority to limit or restrict ASE ticketing outside of school hours, including evenings, weekends, holidays, and the summer season, THEREFORE BE IT RESOLVED, be it resolved that posted speed limits remain at 30km/h for school zones that do not have ASE installed and; THEREFORE BE IT FURTHER RESOLVED that the speed limit in school zones that currently have ASE installed be set to 40km/h and; THEREFORE BE IT FURTHER RESOLVED that, as installations of ASE occur, those schools will also be set to 40km/h in tandem with the installation and; THEREFORE BE IT FINALLY RESOLVED that should the City of Kitchener gain authority over either time of day speed limits or the limiting of ticketing outside of school hours, that staff return with details and recommendations." Councillor P. Singh brought forward an amendment, which was seconded by Councillor J. Deneault, to include an additional clause stating "THEREFORE BE IT RESOLVED that Staff is directed to communicate to the Region of Waterloo that automated speed enforcement on City of Kitchener neighbourhood roadways, not take place on holidays." It was requested that the following motion be voted on, on recorded vote, with operatives clauses 1, 2 & 3 and 4 being voted on separately. Councillor Singh's amendment related to ASE enforcement on holidays, was then voted and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, J. Deneault, A. Owodunni, P. Singh and B. loannidis voting in favour; and, Councillors C. Michaud, M. Johnston and D. Chapman voting in opposition. Operative clause 1 related to posted speed limits remain at 30km/h for school zones that do not have Automated Speed Enforcement (ASE), was then voted on and was Carried unanimously on a recorded vote. Operative clauses 2 and 3 related to school zones with ASE, was then voted on and was Carried on a recorded vote, with Councillors S. Davey, D. Schnider, J. Deneault, A. Owodunni, P. Singh and B. loannidis voting in favour; and, Mayor B. Vrbanovic and Councillors C. Michaud, M. Johnston and D. Chapman voting in opposition. Operative Clause 4 related to City of Kitchener gain authority over either time of day speed limits was then voted on and was Carried on a recorded vote, with Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, J. Deneault, P. Singh, B. loannidis and D. Chapman voting in favour; and, Councillors C. Michaud and M. Johnston voting in opposition. The following motion as amended was voted on, on a recorded vote. 7 Moved by Councillor S. Davey Seconded by Councillor P. Singh "WHEREAS the City of Kitchener lacks the authority to set separate speed limits inside/outside school hours in locations where Automated Speed Enforcement (ASE) is installed; and; WHEREAS the City of Kitchener also lacks the authority to limit or restrict Automated Speed Enforcement (ASE) ticketing outside of school hours, including evenings, weekends, holidays, and the summer season; and, THEREFORE BE IT RESOLVED that posted speed limits remain at 30km/h for school zones that do not have Automated Speed Enforcement (ASE) installed; and; THEREFORE BE IT FURTHER RESOLVED that the speed limit in school zones that currently have Automated Speed Enforcement (ASE) installed be set to 40km/h; and; THEREFORE BE IT FURTHER RESOLVED that, as installations of Automated Speed Enforcement (ASE) occur, those schools will also be set to 40km/h in tandem with the installation; THEREFORE BE IT FURTHER RESOLVED that should the City of Kitchener gain authority over either time of day speed limits or the limiting of ticketing outside of school hours, that staff return with details and recommendations; THEREFORE BE IT FINALLY RESOLVED that staff be directed to communicate with the Region of Waterloo that Automated Speed Enforcement (ASE) on City of Kitchener neighbourhood roadways, not take place on holidays." In Favour (8): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor J. Deneault, Councillor C. Michaud, Councillor A. Owodunni, Councillor P. Singh, and Councillor B. loannidis Contra (2): Councillor M. Johnston, and Councillor D. Chapman Carried, as amended, on a recorded vote (8 to 2) 7. Recess and Reconvene The Council meeting then recessed at 9:43 p.m. and reconvened at 9:51 p.m. chaired by Mayor B. Vrbanovic, with all members present except for Councillors P. Singh and A. Clancy. 7.1 Official Plan Amendment Application OPA23/011MITS, Zoning By-law Amendment Application ZBA23/018/W/TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD -2023-430 and Follow Up Report DSD - 2023 -551, listed as Item 8.2 Council considered Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law Amendment Application ZBA23/018/W/TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD -2023-430 and Follow Up Report DSD -2023-551, listed as item 8.2 on the agenda this date. In addition, Council was in receipt of written submissions from: Community Letter; Dave Foster; Emily Woolner; Gary Minter; Ron Giesler; as well as; a Neighbourhood Petition. Gary Minter, delegated in opposition to the proposed Application as presented at the October 30, 2023 Planning and Strategic Initiatives Committee citing traffic counts, signalization of the adjacent roads, and safety issues demonstrated by the Traffic Impact Study. G. Minter responded to questions from Council. It was noted the supplemental report included in the agenda Development Services Department report DSD -2023-551, includes a recommendation to further defer this matter, 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. Moved by Councillor D. Schnider Seconded by Councillor S. Davey That the following motion be deferred to the January 22, 2024 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 OPA23/01 1 /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 9 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 report DSD -2023-430 as Appendix 'B, .11 Carried, as amended 8. REPORTS OF COMMITTEES 8.1 HERITAGE KITCHENER - NOVEMBER 7, 2023 Councillor D. Schnider left the meeting at this time. Moved by Councillor C. Michaud Seconded by Councillor D. Chapman "That the report of Heritage Kitchener, dated November 7, 2023, listed as items 7.1.a to 7.1.n on the agenda this date, be adopted." 8.1.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." Carried 8.1.b Notice of Intention to Designate 628 New Dundee Road under Part IV of the Ontario Heritage Act, DSD -2023-482 "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." Carried 10 8.1.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." Carried 8.1.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." Carried 8.1.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." Carried 8.1.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." Carried 11 8.1.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 Department report DSD -2023-459." Carried 8.1.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." Carried 8.1.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." Carried 8.1.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." Carried 12 8.1.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." Carried 8.1.1 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." Carried 8.1.m Notice of Intention to Designate 67 King Street East under Part IV of the Ontario Heritage Act, DSD -2023-465 "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." Carried 8.1.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." Carried 13 8.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - DECEMBER 4, 2023 Councillor D. Schnider returned to the meeting at this time. Moved by Councillor C. Michaud Seconded by Councillor S. Davey "That the report of the Community and Infrastructure Services Committee, dated December 4, 2023, listed as items 7.2.a and 7.2.c on the agenda this date, be adopted." 8.2.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." Carried 8.2.b Speed Limits in School Zones, DSD -2023-512 DEALT WITH UNDER DELEGATIONS 8.2.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, 14 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." Carried 8.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - DECEMBER 4, 2023 It was noted at the Planning and Strategic Initiatives Committee on December 4, 2023 the Annual Zoning By-law Update, outlined in Development Services Department report DSD -2023-503, which is listed on the agenda this date as item 7.3.e., was amended to address site Specific Zoning for 30 Sunbridge Crescent. At the request of D. Saunderson, Deputy Clerk, Council agreed to further amend that recommendation to amend the resolution to state: "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 pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/036/K/GS to make amendment to the Natural Conservation (MHC -1) zone limit for 30 Sunbridge Crescent." It was requested that the 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, listed as item 7.3.c, be dealt with separately. Moved by Councillor D. Chapman Seconded by Councillor S. Davey 15 "That the report of the Planning and Strategic Initiatives Committee, dated December 4, 2023, listed as items 7.3.a to 7.3.e (as amended), save and except 7.3.c. related to 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, which was dealt with separately, on the agenda this date, be adopted." Carried 8.3.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, .11 Carried 8.3.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 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, W. 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." Carried 8.3.c 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 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'." Carried 8.3.d 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 17 `Proposed By-law' attached to Development Services Department Report DSD -2023-503 as Appendix `B'; and further, That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/036/K/GS to make amendment to the Natural Conservation (MHC -1) zone limit for 30 Sunbridge Crescent." Carried, as amended 8.3.e 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 Council considered 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. In addition, Council was in receipt of written submissions from Leanne Hughes, Gagan Sandu, Leanne Pinto and Alexandra Rosu, related to the subject applications. It was noted at the Planning and Strategic Initiatives Committee on December 4, 2023, that the Region of Waterloo had requested additional conditions of approval for the subject applications to include construction spill prevention and response plan within the Holding Provision by-laws. Further to that, due to the amendment an additional clause was required, stating: "That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/030/B/BB." Councillor A. Owodunni brought forward a motion to approve the recommendation as outlined in Development Services Department report DSD - 2023 -496, to maintain the RES4 Zoning as proposed, including the proposed amendments related to Regional conditions and waiving further notice requirements. Moved by Councillor A. Owodunni Seconded by Councillor J. Deneault "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 19 Development Services Department DSD -2023-496, and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and, 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, and as amended this date to include the Regional conditions related to construction spill prevention and response plan; and further, That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, further notice is not required to be given in respect to Zoning By-law Amendment ZBA23/030/B/BB." Carried, as amended 9. UNFINISHED BUSINESS 9.1 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 Carried, as amended, under Delegations 9.2 Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law Amendment Application ZBA23/018/W/TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD -2023-430 and Follow Up Report DSD - 2023 -551 Carried, as amended, under Delegations 10. NEW BUSINESS 10.1 MAYORAL BUSINESS AND UPDATES -MAYOR B. VRBANOVIC Mayor B. Vrbanovic stated as per the new process related to the adopt of the City's budget, members of Council were requested to forward any potential amendments, no later than December 11, 2023. The Mayor noted that there were no budget amendments filed as of this date, noting there was a Special Council meeting scheduled for December 14, 2023 to formally adopt the budget. 19 10.2 Notice of Motion - A. Owodunni - Non -Compliance with Fireworks Regulations in the City of Kitchener Councillor A. Owodunni introduced the Notice of Motion, which was seconded by Councillor S. Davey. Gloria McNeil, Director of By-law Enforcement, and M. May, Deputy, Chief Administrative Officer and General Manager, Community Services, were in attendance to respond to questions from Council. Moved by Councillor A. Owodunni Seconded by Councillor S. Davey "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." Carried 20 10.3 Notice of Motion - J. Deneault - Pilot Project - Alcohol Consumption - City Park Councillor J. Deneault introduced the Notice of Motion, which was seconded by Councillor A. Owodunni, including an amendment to the operative clauses to reflect the following: "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, or another suitable park location as may be determined through the review, that meet such criteria, with a report to Council by the end of Q2 2024 subject to the following: o That staff from parks and forestry identify key criteria for best practice, and consult with bylaw enforcement staff; o That staff from Economic Development review any potential economic benefits that would derive from such a bylaw change; o That staff consult with Waterloo Regional Police Services to confirm their support, involvement, education, and enforcement of a pilot; o That staff consider the criteria when proposing the pilot in their report back that would permit alcohol consumption project in Victoria Park, or another suitable park location as may be determined through the review, 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 on the outcomes of the proposed pilot, including potential consideration for additional select parks that could be included." G. MacNeil, Director, Enforcement, was in attendance to respond to questions from Council. In response to a question from Council, staff were directed to consider amending the pilot dates through their research. Councillor C. Michaud left the meeting and returned to the meeting at this time. Moved by Councillor J. Deneault Seconded by Councillor A. Owodunni "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; 21 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; o The staff from parks and forestry identify key criteria for best practice, and consult with bylaw enforcement staff; o That staff from Economic Development review any potential economic benefits that would derive from such a bylaw change; o That staff consult with Waterloo Regional Police Services to confirm their support, involvement, education, an enforcement of a pilot; o 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 on the outcomes of the proposed pilot, including potential consideration for additional select parks that could be included." Carried, as amended 11. CHAPTER 25 (COUNCIL PROCEDURE) OF THE MUNICIPAL CODE, THE PROCEEDINGS BEYOND 11:00 p.m. Moved by Councillor D. Chapman Seconded by Councillor D. Schnider 22 "That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda." Carried, unanimously 12. QUESTIONS AND ANSWERS Members of Council enquired as to the recent delivery of Metroland flyers and requested that staff follow up with them. 13. BY-LAWS 13.1 1ST AND 2ND READING At the request of A. Fusco, City Clerk, now that the Reports of the Committees have been formally approved, it was agreed to formally add the By-laws listed on the agenda under the heading of Late Starters to the agenda for Council's consideration, noting that the By-laws related to the Planning applications were being approved as amended this date. Moved by Councillor A. Owodunni Seconded by Councillor B. loannidis "That leave be given the Mover and Seconder to introduce the following by-laws, namely: 13.1.a Being a by-law to adopt Amendment No. 37 to the Official Plan — 417 King Street West. 13.1.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. 13.1.c Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 13.1.d To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 13.1.e 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. 13.1.f To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 23 13.1.g Being a by-law to provide for a 2024 Interim Tax Levy and for the payment of 2024 Interim Taxes. 13.1.h Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. 13.1.1 Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. 13.1.j Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. 13.1.k Being a by-law to provide for the widening of Woolwich Street as a public highway in the City of Kitchener. 13.1.1 Being a by-law to adopt Amendment No. 40 to the Official Plan — 50 Thaler Avenue and 300 Kinzie Avenue 13.1.m 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 13.1.n 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. 13.1.o Being a by-law to adopt Amendment No. 39 to the Official Plan - 2150 Bleams Road. 13.1.p 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. 13.1.q 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. 13.1.r 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. 13.1.s To confirm all actions and proceedings of the Council for December 11, 2023. Carried 24 14. COMMITTEE OF THE WHOLE Councillor J. Deneault left the meeting at this time. On motion, Council resolved itself into the Committee of the Whole to consider its agenda and was Chaired by Councillor S. Davey. 14.1 ADMINISTRATIVE REPORTS 14.1.a Applications for Cancellation, Refund, Reduction of Taxes, FIN -2023-481 Moved by Councillor M. Johnston it was resolved: "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")." Carried 14.1.b Minimum Staffing Level for Fire Suppression, CSD -2023-549 Moved by Councillor M. Johnston it was resolved: "That staff be directed to increase the minimum fire suppression staffing level from 35 to 37 firefighters; and, That staff conduct a suppression staffing review when Fire Station 8 becomes operational to ensure frontline emergency response vehicles are staffed and in service." Carried 14.1.c Licensing Tribunal - Chapter 599 (Food Shop Licence), COR -2023-536, COR - 2023 -536 Councillor J. Deneault returned to the meeting at this time. Moved by Councillor M. Johnston it was resolved: 25 "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." Carried 14.2 FOR INFORMATION 14.2.a 2022 Development Charge Reserve Fund Report, FIN -2023-525 14.2.b KW Joint Services Initiative Committee 2023 Update, CAO -2023-542 14.2.c September 2023 Variance Report, FIN -2023-537 14.3 MATTERS ARISING FROM IN -CAMERA 14.3.a Affordable Housing Strategy - Land Acquistion (Land Acquistion Section 239 (2) (c), DSD -2023-550 Moved by Councillor D. Schnider it was resolved: "That staff be directed to acquire the Subject Property, as described in Staff Report DSD -2023-550, on the terms and conditions discussed at the December 11, 2023 in camera meeting; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to effect the transaction, said documentation to be to the satisfaction of the City Solicitor." Carried 14.3.b Recreational Facility Development (Section 239 (2) (k)), CSD -2023-534 Moved by Councillor D. Schnider it was resolved: "That staff be directed to proceed with the project and negotiations in accordance with the in -camera direction provided this date, December 11, 2023 regarding the Recreational Facility Development." Carried CO., 15. REPORT OF THE COMMITTEE OF THE WHOLE On motion, Council rose from the Committee of the Whole. Moved by Councillor S. Davey Seconded by Councillor J. Deneault "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried 16. BY-LAWS 16.1 3RD READING Moved by Councillor M. Johnston Seconded by Councillor B. loannidis "That the by-laws be given third reading, namely: 16.1.a Being a by-law to adopt Amendment No. 37 to the Official Plan — 417 King Street West. (By-law 2023-161) 16.1.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. (By-law 2023-162) 16.1.c Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2023-167) 16.1.d To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law 2023-168) 16.1.e 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) 27 16.1.f 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) 16.1.g Being a by-law to provide for a 2024 Interim Tax Levy and for the payment of 2024 Interim Taxes. (By-law 2023-171) 16.1.h 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) 16.1.i 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) 16.1.j 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) 16.1.k 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) 16.1.1 Being a by-law to adopt Amendment No. 40 to the Official Plan — 50 Thaler Avenue and 300 Kinzie Avenue. (By-law 2023-176) 16.1.m 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) 16.1.n 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) 16.1.o Being a by-law to adopt Amendment No. 39 to the Official Plan - 2150 Bleams Road. (By-law 2023-179) 16.1.p 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) 16.1.q 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) 16.1.r 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. (By-law 2023-182) 16.1.s To confirm all actions and proceedings of the Council for December 11, 2023. 17. ADJOURNMENT On motion, the meeting adjourned at 10:50 p.m. Clerk (By-law 2023-183) Carried 29