HomeMy WebLinkAboutCouncil Minutes - 2023-08-28Council Meeting Minutes
August 28, 2023,12:00 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 D. Chapman
Councillor A. Clancy
Absent: Councillor M. Johnston
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
L. MacDonald, City Solicitor
G. MacNeil, Director, Enforcement
A. McCrimmon-Jones, Manager, Transportation Safety & Policy
D. Saunderson, Deputy Clerk
M. Mills, Committee Administrator
1. COMMENCEMENT
The meeting began at 12:44 p.m. with a Land Acknowledgement given by the
Mayor and the singing of "0 Canada."
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2. MINUTES FOR APPROVAL
On motion by Councillor A. Owodunni the minutes of the regular meeting held
June 26, 2023 and special meetings held June 23, 29, and August 14, 2023, as
mailed to the Mayor and Councillors, were accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 Mayor B. Vrbanovic - Noise Exemption - Highway 8 from Franklin Street to
Highway 7-8 Interchange, DSD -2023-387, DSD -2023-387
Mayor B. Vrbanovic declared a declared a pecuniary interest with respect to item
12.1.c Noise Exemption - Highway 8 from Franklin Street to Highway 7-8
Interchange, DSD -2023-387, DSD -2023-387, due to owning property within the
vicinity of the subject project and did not participate in any voting or discussion
on the matter.
4. COMMUNICATIONS REFERRED TO FILE
4.1 Flag Request Under Policy MUN-FAC-442
4.1.a Consulate General of the Republic of Indonesia - August 26, 2023
4.1.b PKD Foundation of Canada - September 1, 2023
5. PRESENTATIONS
5.1 Certificates of Achievement
D. Chapman, Chief Administrative Officer and Mayor B. Vrbanovic recognized
Justin Readman, General Manager, Development Services for 10 years of
service with the City of Kitchener.
5.2 Age -Friendly Kitchener Action Plan - Status Update
5.2.a Diane Kilby and Kathy Doherty -Masters, Mayor's Advisory Council for Kitchener
Seniors (MACKS)
Diane Kilby and Kathy Doherty -Masters, Mayor's Advisory Council for Kitchener
Seniors (MACKS), were in attendance to provide a 2023 update on the Age
Friendly Kitchener Action Plan, including a highlight of what an age -friendly
community is and an overview of Kitchener 55+ population. The update included
a summary of the four Age -friendly priorities, including: Accessible & Affordable
Neighbourhoods; Access to Information; Belonging and Connections and
Wellbeing and within those priorities 19 initiatives were developed and endorsed
by Council in 2017. D. Kilby and K. Doherty -Masters indicated the Age -friendly
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Kitchener Action Plan was developed through a one-time $50,000 Age -friendly
Community Grant from the Government of Ontario, next steps include but are not
limited to: continuing to expand programs; development of a resource plan and
continuing staff and volunteer participation will be achieved through existing
resources, any additional grant opportunities, and community partnerships.
LoriAnn Palubeski, Manager Program & Resource Services and Bethany Pearce,
Supervisor Older Adults Services were also in attendance to respond to
questions from Council.
6. DELEGATIONS
6.1 Blue Community
6.1.a Robyn Hamlyn
It was noted Robyn Hamlyn was not able to be attendance this date.
6.2 Zoning By-law Amendment Application ZBA23/015/Q/ES, 1154 Queen's
Boulevard, Sunset Hills Estates Corp., DSD -2023-323, listed as Item 7.3.d.
Council considered Zoning By-law Amendment Application ZBA23/015/Q/ES,
1154 Queen's Boulevard, Sunset Hills Estates Corp., DSD -2023-323, listed as
Item 7.3.d on the agenda this date.
Councillor P. Singh left the meeting at this time.
Brock Linklater, Dryden Smith and Head, was in attendance in support of the
subject application.
Moved by Councillor D. Chapman
Seconded by Councillor A. Owodunni
"That Zoning By-law Amendment Application ZBA23/015/Q/ES requesting
to amend Zoning By-law 2019-051, for Sunset Hills Estates Corp., for the
property municipally addressed as 1154 Queen's Boulevard, be approved
in the form shown in the 'Proposed By-law', and 'Map No. 1' attached to
Development Services Department report DSD -2023-323 as Attachments
'Al' and 'A2'; and further,
That in accordance with Planning Act Section 45 (1.3 and 1.4),
applications for Minor Variances shall be permitted for lands subject to
Zoning By-law Amendment Application ZBA23/015/Q/ES."
Carried
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6.3 Speed Limit Review - School Zones and Bingemans Centre Drive, DSD -
2023 -286, listed as Item 7.3.e
Councillor P. Singh re-entered the meeting at this time.
Council considered Speed Limit Review - School Zones and Bingemans Centre
Drive, DSD -2023-286 and follow up report DSD -2023-371, listed as item 7.3.e.
on the agenda this date. It was noted there was an addendum report included on
this matter in the agenda this date for Council's consideration.
Melissa Bauman addressed Council in opposition to any speed limit changes to
the existing school zone speed limits. M. Bauman indicated Council has worked
diligently to approve strategies such as Vision Zero, Complete Streets,
Pedestrian First Streets, the Downtown Cycling Grid and the declaration of a
climate emergency. M. Bauman stated any changes to the existing speed
restrictions in school zones would be contrary to those approvals and potentially
increase safety concerns within these areas.
It was noted further consideration of this matter would be addressed during the
consideration of the Planning and Strategic Initiatives Committee report.
6.4 Kitchener's Responsible Dog Ownership By-law
Caitlin Leandres requested an exemption from the Responsible Dog Ownership
By-law to allow her to have her two services dogs off leash within the City, which
is restricted by the By-law. C. Leandres advised Council that she has two service
dogs, which allow her to live a more independent life, who require training and
exercise that cannot be achieved at off -leash dog parks due to the risks of
potential harmful interactions with other does, or exposure to disease. C.
Leandres stated in order for her to live more independently, she does take her
dogs to most locations, some of those locations will require the dogs to be in a
down stay position while she needs to go to another space, which is currently
prohibited by the By-law as the dog is then considered unattended or off -leash.
C. Leandres stated she does not want to be penalized for having verbal control of
her dogs, rather than physical control which is the requirement of the By-law. C.
Leandres further advised she takes great effort to ensure her dogs are safe and
fully trained, they pose no impacts to society.
In response to questions, Gloria MacNeil stated staff had spoken with C.
Leandres and the By-law does not provide opportunities for exemptions. The
existing regulations are intended to provide a balanced approach to all users as
not all residents are comfortable with dogs regardless of their behaviour. G.
MacNeil noted that staff have provided C. Leandres various suggestions for
exercising her dogs that she has not deemed adequate, but do not feel it would
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be appropriate to support an exemption to the By-law to address the concerns
that have been raised. G. MacNeil advised the only municipality within close
proximity to the City that allows of an off -leash provision is the City of Guelph. G.
McNeil advised Guelph does offer some off -leash options for dog owners but has
experienced issues at times with the regulation, as their By-law allows users to
be in empty parks with their dog until other residents attend the space, at which
then the dog is supposed to be leashed. G. MacNeil indicated Guelph's approach
does lead to complications and complaints.
7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - AUGUST 1, 2023
Moved by Councillor D. Chapman
Seconded by Councillor C. Michaud
"That the report of Heritage Kitchener, dated August 1, 2023, listed as
item 7.1.a on the agenda this date, be adopted."
7.1.a Notice of Intention to Designate 64 Water Street North under Part IV of the
Ontario Heritage Act, DSD -2023-317
"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 64 Water Street North as being of cultural
heritage value or interest, as outlined in Development Services
Department report DSD -2023-317."
Carried
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - AUGUST 14, 2023
Moved by Councillor S. Davey
Seconded by Councillor B. loannidis
"That the report of the Finance and Corporate Services Committee, dated
August 14, 2023, listed as items 7.2.a to 7.2.i on the agenda this date, be
adopted."
7.2.a Approval of Terms of Reference - Committee of Adjustment and Property
Standards Appeal Committee, COR -2023-320
"That the Terms of Reference for the Committee of Adjustment attached
as Appendix 'A' to Corporate Services Department report COR -2023-320
be approved; and,
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That the Terms of Reference for the Property Standards Appeal
Committee attached as Appendix `B' to Corporate Services Department
report COR -2023-320 be approved; and further,
That the Clerk be directed to include the approved Terms of References
into the City's Policy manual and number them sequentially as per the
existing number sequence."
Carried
7.2.b Appointments to Business Improvement Areas & Amendment to Establishing By-
law, COR -2023-332
"That Council confirm the following appointments to the Belmont Business
Improvement Area (BIA) Board of Management for a term to expire on
November 14, 2026 or upon appointment of their successors, as outlined
in Corporate Services Department report COR -2023-332;
• George Broughton
• Linda Nelson
• Margaret Tofflemire
• Valeria Rigler
• J D Zehr
• Noelle English
That Council confirm the following appointments to the Downtown
Business Improvement Area (BIA) Board of Management for a term to
expire on November 14, 2026 or upon appointment of their successors;
• Darryl Moore
• Phong Tran
• Cara Watson
• Jessica Toomer
• Jordan Dolson
• Julie Phillips
• Laird Robertson
• Martha Wallace
• Michael Rederer
• Sarah Pearson
n.
That Chapter 70 of the Municipal Code be amended to reflect the request
of the Downtown Business Improvement Area Board of Management to
clarify the number of Directors to be elected, in accordance with the by-
law in Appendix B."
Carried
7.2.c Noise Exemption - Holy Trinity Serbian Church - 700 Fischer Hallman Road -
Sept 2 and 3, 2023, CSD -2023-296
"That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to the Holy Trinity Serbian Orthodox Church at
700 Fischer Hallman Road, for their annual BBQ and Bull Roast to be held
on September 2 and 3, 2023, between the hours of 11 a.m. and 10 p.m.,
as outlined in Community Services Department report CSD -2023-296."
Carried
7.2.d Noise Exemption - The Falls Road Pub - 296 Victoria Street North, CSD -2023-
297
"That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to The Falls Road Pub for their end of season
Bike Night, being held at 296 Victoria St North on September 19, 2023, as
outlined in Community Services Department report CSD -2023-297."
Carried
7.2.e Noise Exemption - K -W Oktoberfest Inc. - Various Locations - September 22
through October 14, 2023, CSD -2023-169
"That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to K -W Oktoberfest Inc. for a series of events
being held at various clubs between September 22 through October 14,
2023, as outlined in the letter from K -W Oktoberfest Inc., dated May 16,
2023 attached to Community Services Department report CSD -2023-169."
Carried
7.2.f Noise Exemption - Burning House Music Festival - Bingemans - September 16,
2023, CSD -2023-333
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"That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to Sigma Chi Fraternity for Burning House
Music Festival event being held at 425 Bingeman Centre Drive on
September 16, 2023 from 4 p.m. — 11 p.m., as outlined in Community
Services Department report CSD -2023-333, subject to the following
conditions, which, if not complied with, will render the noise exemption null
and void:
a. There shall be no offensive language, in the opinion of City staff,
generated from the music events, audible in any adjacent
residential neighbourhood. The event organizers will ensure that
there is an on-site contact person accessible to correspond with
City staff at all times during the event(s);
b. The event organizer will be responsible for the cost of a pay -
duty Noise Officer, to be assigned specifically to these event(s);
c. The event organizers agree to respond accordingly to requests
from City staff, during the event(s), in order to address
community concerns that may arise with regard to the impact of
noise heard within adjacent residential areas; and
d. The maximum decibel level (dba) audible from a residential area
shall not exceed 55 dba.
e. All events must end no later than 11 p.m."
Carried
7.2.g 2023-2026 Strategic Plan Development - Proposed Strategic Plan Content, CAO -
2023 -337
"That the initial set of Actions for the City of Kitchener 2023-2026 Strategic
Plan as contained in Appendix 'C' to Chief Administrator's Office report
CAO 2023-337 be approved."
Carried
7.2.h Collaboration Space in the UW Innovation Arena, DSD -2023-328
"That up to $450,000 from the Economic Development Investment Fund
2.0 (EDIF 2.0) be allocated to support the completion of leasehold
improvements for the City of Kitchener's space to be located at 280
Joseph St West, Kitchener Ontario; and,
n.
That the annual operating costs for Common Area Maintenance fees,
estimated at $17,500, be referred to the 2024 budget process; and further,
That the Mayor and Clerk be authorized to execute all documentation
required to complete the transaction, subject to the satisfaction of the City
Solicitor, including the execution of a lease agreement, in accordance with
Development Services Department report DSD -2023-328."
Carried
7.2.i 2023/2024 Natural Gas Rates, INS -2023-334
"That the supply component of the natural gas rate be decreased to 16.70
cents per cubic meter from 20.85 cents per cubic meter for system gas
customers of Kitchener Utilities effective November 1, 2023; and,
That Kitchener Utilities' natural gas variable and fixed delivery rates be
approved as proposed in Infrastructure Services Department report INS -
2023 -334 - Attachment 'A', for all Kitchener delivery customers effective
November 1, 2023; and further,
That the supply rate of natural gas be reviewed quarterly against market
conditions and necessary changes to be brought forward for Council
approval."
Carried
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -AUGUST 14, 2023
Moved by Councillor P. Singh
Seconded by Councillor D. Chapman
"That the report of the Planning and Strategic Initiatives Committee, dated
August 14, 2023, listed as items 7.3.a to 7.3.f on the agenda this date, be
adopted."
7.3.a Zoning By-law Amendment Application ZBA23/017/D/CD, Lifting of Holding
Provision 95H, 206, 210 Duke Street East and 46, 50 Madison Avenue North,
The Knossos Housing Corp. of Waterloo Region, DSD -2023-305
"That Zoning By-law Amendment Application ZBA23/017/D/CD for The
Knossos Housing Corporation of Waterloo Region, for the properties
municipally addressed as 206, 210 Duke Street East and 46, 50 Madison
Avenue North, for the purpose of removing Holding Provision 95H from
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the lands specified in the attached 'Map No.1', in the form shown in the
'Proposed By-law' attached to Development Services Department report
DSD -2023-305, as Appendix 'A', be approved."
Carried
7.3.b Zoning By-law Amendment Application ZBA22/020/H/TS, Lifting of Holding
Provision 15H, 495 Huron Road, Activa Holdings Inc., DSD -2023-330
"That Zoning By-law Amendment Application ZBA22/020/H/TS for Activa
Holdings Inc., for the property municipally addressed as 495 Huron Road,
for the purpose of removing Holding Provision 15H from the lands
specified in the attached 'Map No.1', in the form shown in the 'Proposed
By-law' attached to Development Services Department report DSD -2023-
330 as Appendix 'A', be approved."
Carried
7.3.c Zoning By-law Amendment Application ZBA23/020/C/TS, Lifting of Holding
Provision 15H, 15 Cedar Street North, Nimbell Holdings Inc., DSD -2023-326
"That Zoning By-law Amendment Application ZBA23/020/C/TS for Nimbell
Holdings Inc., for the property municipally addressed as 15 Cedar Street
North, for the purpose of removing Holding Provision 15H from the lands
specified in the attached 'Map No.1', in the form shown in the 'Proposed
By-law' attached to Development Services Department report DSD -2023-
326 as Appendix 'A', be approved."
Carried
7.3.d Zoning By-law Amendment Application ZBA23/015/Q/ES, 1154 Queen's
Boulevard, Sunset Hills Estates Corp., DSD -2023-323
Carried, under Delegations
7.3.e Speed Limit Review - School Zones and Bingemans Centre Drive, DSD -2023-
286 AND Follow up report DSD -2023-371
Council further considered Speed Limit Review - School Zones and Bingemans
Centre Drive, DSD -2023-286 including addendum Report DSD -2023-371.
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It was suggested and agreed to approve the recommendation including the
amendments as outlined in Report DSD -2023-371.
"That Council approve changing the priority of a boulevard multi -use trail
along Bingemans Centre Drive from medium-term to short-term in the
Cycling and Trails Master Plan; and,
That speed limit on Bingeman Centre drive be increased from 50 km/hr to
60 km/hr; and further,
That the following motion be deferred to a future Council meeting, to
allow additional time for the Region of Waterloo to complete their review of
their pilot project school zone speed limits:
That staff be directed to report back with suggested "school hours"
timing, where school zone speed limits may be restricted to 30 km/hr
but outside school hours could be 40 km/hr, in tandem with the Region
of Waterloo's discussions."
Carried, as amended
7.3.f Downtown Kitchener Draft Vision and Principles, DSD -2023-315
"That the comprehensive community engagement results received to
date, combined with Council feedback, as outlined in Development
Services Department report DSD -2023-315, be used with input from the
Downtown Community Working Group to finalize a vision statement and
set of principles; and further,
That staff report back with the final vision and set of principles for Council
approval later in 2023."
Carried
8. UNFINISHED BUSINESS
8.1 Lived Expertise Working Group - First Year Review, DSD -2023-295 AND
Follow-up Report DSD -2023-366
Council considered Development Services Department report DSD -2023-295,
related to Lived Expertise Working Group (LEWG) - First Year Review that was
considered and deferred by Council at the June 26, 2023 Council meeting. It was
noted an addendum report Development Services Department report DSD -2023-
11
366 was included for Council's consideration on the agenda this date. J.
Readman was in attendance to respond to questions from Council.
It was suggested and agreed to approve the recommendation including the
further deferral as outlined in DSD -2023-366 until the September 25, 2023
Council meeting.
Moved by Councillor P. Singh
Seconded by Councillor D. Chapman
"That the following motion be deferred to the September 25, 2023 Council
meeting, to allow for an opportunity to further discuss the partnership with
the Lived Expertise Working Group (LEWG) and Social Development
Centre Waterloo Region (SDCWR) about the preferred approach to
establish a City driven Lived Experience Working Group, and during this
two month deferral, the City will continue to provide funding to the
SDCWR in accordance with the previously approved agreement for the
month of September 2023:
"That the $30,000 already committed to the operation of the Lived
Expertise Working Group (LEWG) for year 2 from Kitchener's
operating budget be allocated as outlined in DSD -2023-295; and,
That the City transfer $23,600 to the SDCWR (Social Development
Centre Waterloo Region) for year 2 costs in accordance with the
Purchase of Services Agreement signed June 13, 2022; and further,
That staff, together with the facilitator of the Lived Expertise Working
Group, report back to Council at the conclusion of the pilot program in
2024 on next steps for the LEWG."
Carried, as amended
9. NEW BUSINESS
9.1 MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC
None.
9.2 Notice All -Council Meeting / Region of Waterloo & Area Municipalities -
Education Session
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
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"That a joint in -camera meeting of City Council be held with the Councils
of the Regional Municipality of Waterloo and all Area Municipalities within
the Region on Friday September 15, 2023 at 1:00 p.m. to be held at the
Region of Waterloo, Council Chambers, 150 Frederick Street, Kitchener,
with a further option for members to participate electronically, to receive
education and training as authorized by Sections 239 (3.1) of the
Municipal Act, 2001, respectively."
Carried
9.3 Notice of Motion - C. Michaud - Gender Based Violence
In response to questions, D. Chapman, Chief Administrative Officer, noted while
the use of the word epidemic would typically signal a health emergency event,
similar to the instance when Council declared a climate emergency, in this
instance the word can be used to make a political statement if it was Council's
will.
Moved by Councillor C. Michaud
Seconded by Councillor A. Clancy
"WHEREAS in 2022, it was estimated that one woman or girl is killed
every 48 hours in Canada, primarily by men; and,
WHEREAS the Renfrew County issued 86 recommendations to the
Province of Ontario aimed at combatting increasing levels of Intimate
Partner Violence, in light of an inquest into the deaths of three local
women at the hands of a man with a long history of stalking and domestic
violence convictions; and,
WHEREAS the number one recommendation of the inquest was for the
Province of Ontario to declare Intimate Partner Violence an epidemic; and,
WHEREAS 30 municipalities across Ontario have declared Intimate
Partner Violence an epidemic; and,
WHEREAS in March 2019, Ontario's tri -cities of Kitchener, Waterloo and
Cambridge ranked as the least safe and least healthy place for women
among the 26 largest metropolitan areas in Canada; and,
WHEREAS one-quarter of all criminal charges laid in Waterloo Region in
2022 were related to Intimate Partner Violence; and,
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WHEREAS frontline service organizations in Waterloo Region have raised
concerns about increased demand for sexual assault support services
while operational funding remains stagnant;
THEREFORE BE IT RESOLVED that the City of Kitchener declare
Gender -Based Violence and Intimate Partner Violence an epidemic;
THEREFORE BE IT FURTHER RESOLVED that this resolution be
circulated to the Honourable Marci len, Minister for Women and Gender
Equality and Youth in support of the letter brought forward by Member of
Parliament for the riding of Kitchener Centre, Mike Morrice outlining an
urgent need for operational funding for frontline service organizations in
Waterloo Region."
Carried
10. QUESTIONS AND ANSWERS
None.
11. BY-LAWS
At the request of D. Saunderson, Deputy Clerk, Council agreed to consider the
By-laws listed on the agenda this date under the heading late starter by-laws to
be added to the agenda, as the reports of the Committees have been adopted
and the associated By-laws also require approval. It was noted Zoning By-law
Amendment Application ZBA23/021/C/KA Removal of Holding Provision - 265
Cotton Grass Street Schlegel Urban Developments Corp., DSD -2023-369
included on the Committee of the Whole agenda, also has a By-law that would
be read the first and second time during Committee and would be included for
consideration during third reading of the By-laws.
11.1 1ST AND 2ND READING
Moved by Councillor B. loannidis
Seconded by Councillor D. Schnider
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
11.1.a Being a by-law to close part of the public highway known as Tagge Street
in the City of Kitchener.
11.1.b Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
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11.1.c Being a by-law to designate the property municipally addressed as 97
Victoria Street North, in the City of Kitchener (being all of PIN 22317-0019)
as being of historic and cultural heritage value or interest.
11.1.d Being a by-law to name a private road as Rosefinch Drive, in the City of
Kitchener.
11.1.e Being a by-law to name a private road as North Ridge Terrace, in the City
of Kitchener.
11.1.f Being a by-law to amend Chapter 70 of the City of Kitchener Municipal
Code with respect to Board of Management Downtown Improvement
Area.
11.1.g Being a by-law to amend By-law 85-1, as amended, known as the Zoning
By-law for the City of Kitchener — The Knossos Housing Corporation of
Waterloo Region — 206-210 Duke Street East and 46-50 Madison Avenue
North.
11.1.h Being a by-law to amend By-law 2019-051, as amended known as the
Zoning By-law for the City of Kitchener — Activa Holdings Inc — 495 Huron
Road.
11.1.1 Being a by-law to amend By-law 85-1, as amended known as the Zoning
By-law for the City of Kitchener — Nimbell Holdings Inc — 15 Cedar Street
North.
11.1.j Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Sunset Hills Estates Corp. —
1154 Queens Boulevard.
11.1.k To confirm all actions and proceedings of the Council for August 28, 2023.
Carried
12. COMMITTEE OF THE WHOLE
On motion, Council resolved itself into the Committee of the Whole to consider its
agenda and was Chaired by Councillor A. Owodunni.
12.1 ADMINISTRATIVE REPORTS
12.1.a Request for Additional Funding - Q23-093 - City Hall - Structural Glass Guardrail
Replacement, FIN -2023-383
D. Chapman, Chief Administrative Officer, responded to questions from the
Committee.
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Moved by Councillor J. Deneault
it was resolved:
"That $175,000 be transferred from the Breithaupt Centre — HVAC
Replacement account to the City Hall Roofing (2023) account to allow the
project to proceed."
Carried
12.1.b Zoning By-law Amendment Application ZBA23/021/C/KA Removal of Holding
Provision - 265 Cotton Grass Street Schlegel Urban Developments Corp., DSD -
2023 -369
Moved by Councillor J. Deneault
it was resolved:
"That Zoning By-law Amendment Application ZBA23/021/C/KA for
Schlegel Urban Development Corp. for the purpose of removing Holding
Provision 99H from the lands specified on the attached Map No.1, in the
form shown in the "Proposed By-law" attached to the Report DSD -2023-
369 as Appendix A, be approved: and further.
That the Zoning By-law be considered to be read the first and second time
and referred to the third reading of the By-laws on the agenda this date."
Carried
12.1.c Noise Exemption - Highway 8 from Franklin Street to Highway 7-8 Interchange,
DSD -2023-387, DSD -2023-387
Mayor B. Vrbanovic declared a conflict on this item. (Mayor B. Vrbanovic
declared a declared a pecuniary interest with respect to item 12.1.c Noise
Exemption - Highway 8 from Franklin Street to Highway 7-8 Interchange, DSD -
2023 -387, DSD -2023-387, due to owning property within the vicinity of the
subject project and did not participate in any voting or discussion on the matter.)
Moved by Councillor P. Singh
it was resolved:
"That the Ministry of Transportation, Ontario (MTO) and its contractors be
exempt from the provisions of Chapter 450 Noise of the City of Kitchener
Municipal Code Article 6 Construction Work during the pavement
rehabilitation of the Highway 8 between Franklin Street and the Highway
7/8 Interchange in the City of Kitchener. The request for the noise by-law
W.
exemption is between the hours of 7:00 p.m. and 7:00 a.m. for the period
of September 11 to November 7, 2023."
Carried
12.2 FOR INFORMATION
Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought
forward by Councillor S. Davey to discuss the information items listed as items
12.2.a. and 12.2.b. on the agenda, which was voted on and was Carried.
12.2.a Summary of Bid Solicitations Approved by the Chief Procurement Officer (April 1,
2023 - June 30, 2023), FIN -2023-361
J. Lautenbach, Chief Financial Officer, was in attendance and responded to
questions from the Committee.
12.2.b June 2023 Variance Report, FIN -2023-370, FIN -2023-370
J. Lautenbach, Chief Financial Officer, was in attendance and responded to
questions from the Committee.
12.3 MATTERS ARISING FROM IN -CAMERA
12.3.a Lease Agreement - City -Owned Land (Land Disposition, Section 239 (c)), DSD -
2023 -329 (August 14, 2023 Caucus Meeting)
Moved by Mayor B. Vrbanovic
"That the General Manager, Infrastructure Services be authorized to
execute a one-year lease extension and two further 1 -year options for
extension with Extend -a -Family at 91 Moore Avenue, with the terms and
conditions discussed at the August 14, 2023 in -camera meeting, said
agreement to be satisfactory to the City Solicitor."
Carried
12.3.b Contract Negotiations (Labour Relations - Section 239 (2) (d)), COR -2023-372
Moved by Councillor D. Schnider
"That the terms and conditions contained
Settlement dated June 12, 2023, to establish
Agreement with IATSE Local 357 be approved:
in the Memorandum of
the 2023-2026 Collective
and further,
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That the Mayor and the Clerk be authorized to execute documentation
arising there from."
Carried
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
Moved by Councillor A. Owodunni
Seconded by Councillor D. Chapman
"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
14. BY-LAWS
14.1 3RD READING
Moved by Councillor C. Michaud
Seconded by Councillor M. Johnston
"That the by-laws be given third reading, namely:
14.1.a Being a by-law to close part of the public highway known as Tagge Street
in the City of Kitchener.
(By-law 2023-108)
14.1.b Being a by-law to amend Chapter 110 of The City of Kitchener Municipal
Code regarding By-law Enforcement.
(By-law 2023-109)
14.1.c Being a by-law to designate the property municipally addressed as 97
Victoria Street North, in the City of Kitchener (being all of PIN 22317-0019)
as being of historic and cultural heritage value or interest.
(By-law 2023-110)
In
14.1.d Being a by-law to name a private road as Rosefinch Drive, in the City of
Kitchener.
(By-law 2023-111)
14.1.e Being a by-law to name a private road as North Ridge Terrace, in the City
of Kitchener.
(By-law 2023-112)
14.1.f Being a by-law to amend Chapter 70 of the City of Kitchener Municipal
Code with respect to Board of Management Downtown Improvement
Area.
(By-law 2023-113)
14.1.g Being a by-law to amend By-law 85-1, as amended, known as the Zoning
By-law for the City of Kitchener — The Knossos Housing Corporation of
Waterloo Region — 206-210 Duke Street East and 46-50 Madison Avenue
North.
(By-law 2023-114)
14.1.h Being a by-law to amend By-law 2019-051, as amended known as the
Zoning By-law for the City of Kitchener — Activa Holdings Inc — 495 Huron
Road.
(By-law 2023-115)
14.1.1 Being a by-law to amend By-law 85-1, as amended known as the Zoning
By-law for the City of Kitchener — Nimbell Holdings Inc — 15 Cedar Street
North.
(By-law 2023-116)
14.1.j Being a by-law to amend By-law 2019-051, as amended, known as the
Zoning By-law for the City of Kitchener — Sunset Hills Estates Corp. —
1154 Queens Boulevard.
(By-law 2023-117)
14.1.k Being a by-law to amend By-law 85-1, as amended, known as the Zoning
By-law for the City of Kitchener — Schlegel Urban Developments Corp. —
265 Cotton Grass Street.
(By-law 2023-118)
14.1.1 To confirm all actions and proceedings of the Council for August 28, 2023.
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15. ADJOURNMENT
On motion, the meeting adjourned at 2:26 p.m.
v
Mayor
T`I Clerk
(By-law 2023-119)
Carried
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