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HomeMy WebLinkAboutCouncil Agenda - 2024-04-08Council Meeting Agenda Monday, April 8, 2024, 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." 2. MINUTES FOR APPROVAL Minutes to be accepted as circulated to the Mayor and Councillors (regular meeting held March 18, 2024, and special meetings held March 18 and March 25, 2024) - Councillor D. Chapman. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request under Policy MUN-FAC-442 5 E VA 4.1.a Canadian Parental Alienation Foundation - Apr 25 -May 1, 2024 4.1.b Grand River Power and Sail Squadron - May 18-24, 2024 PRESENTATIONS 5.1 Certificate of Achievement - Canadian Association of Municipal Administrators 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 April 8, 2024, in order to participate electronically. 6.1 Kitchener Indoor Recreation Complex - Target Cost and Design Update, INS -2024-126, listed as Item 7.2.j. 6.1.a Tim Hart, Kitchener Soccer Club 6.2 Dog Designation Appeal - Freddi and Bertin, COR -2024-113, listed as Item 12.1.b 6.2.a Sofia Freddi 6.2.b Mariana Jones 6.2.c Cody Bertin 6.3 Official Plan Amendment Application OPA24/001N/CD and Zoning By- law Amendment Application ZBA24/001N/CD, 236-264 Victoria Street North, DSD -2024-132, listed as Item 7.4.a 6.3.a Andrea Sinclair, MHBC Planning REPORTS OF COMMITTEES 7.1 HERITAGE KITCHENER - APRIL 2, 2024 7.1.a Notice of Intention to Designate - 10 Duke Street West under Part IV of the Ontario Heritage Act, DSD -2024-133 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 10 Duke Street West as being of cultural heritage value or interest, as outlined in Development Services Department report DSD -2024-133." 7.1.b Notice of Intention to Designate - 91 Madison Avenue South under Part IV of the Ontario Heritage Act, DSD -2024-138 Page 2 of 36 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 91 Madison Avenue South as being of cultural heritage value or interest, as outlined in Development Services Department report DSD -2024-138." 7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - MARCH 25, 2024 7.2.a 2024 Community Grants Tier 2, CSD -2024-108 That 2024 community grants (Tier 2) in the amount of $209,415 be approved, as outlined in Attachment 'A' to Community Services Department report CSD -2024-108. 7.2.b Drinking Water Quality Management Standard (DWQMS) Management Review Summary for 2023, INS -2024-050 That the City of Kitchener Drinking Water Quality Management Standard (DWQMS): Management Review Summary for 2023 Report be received for information, as outlined in Infrastructure Services Department report INS -2024-050. 7.2.c Parkvale Drive Parking Prohibitions, DSD -2024-101 That the Uniform Traffic By-law be amended for the prohibition of on - street parking on both sides of Parkvale Drive from Huron Road to a point 65 metres west thereof, as outlined in Development Services Department report DSD -2024-101. 7.2.d Creative Hub Rent Schedule, Skills Trades and Signing Authority, DSD -2024-065 That Council endorse the tenant rate schedule and skills trade protocols developed to fit within the Creative Hub's post -pilot operations and budget as outlined within Development Services Department report DSD -2024-065; and further, That the Director of Culture & Entertainment, or delegate, be authorized to execute licence agreements for a term of two years or less with tenants of the Creative Hub, to the satisfaction of the City Solicitor. 7.2.e Summary Water Report - 2023, INS -2024-051 That the 2023 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg. 170/03 Schedule 22 of the Safe Drinking water Act, as outlined in Infrastructure Services Department report INS -2024-051; and further, Page 3 of 36 that the City of Kitchener provide a copy of the Summary Drinking Water Report to the Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg. 170/03. 7.2.f Neighbourhood Association Affiliation 2024, CSD -2024-102 That the list of proposed Neighbourhood Associations, as attached to the Community Services Department report CSD -2024-102, be approved for affiliation for the year 2024 and added to the City's third - party liability insurance program. 7.2.g Class Environmental Assessment for Blair Creek Drive Extension, DSD -2024-104 That the Blair Creek Drive Extension Schedule 'B' Class Environmental Assessment Project File Report (PFR) prepared by MTE Consultants Inc., dated February 2024, which recommends Alternative 2 as the preferred solution, as outlined in Development Services Department report DSD -2024-104, be received; and further, That Blair Creek Drive Extension Schedule 'B' Class Environmental Assessment Project File Report (PFR) be filed with the Ministry of the Environment for the mandatory thirty (30) days review period as required by the Environmental Assessment (EA) Act. 7.2.h Hidden Valley Flood Risk Reduction Municipal Class Environmental Assessment Project File Report, DSD -2024-119 That the Hidden Valley Flood Risk Reduction Municipal Class Environmental Assessment — Project File Report, prepared by Matrix Solutions Inc., dated March 7, 2024, which recommends Alternative 4 as the preferred solution, be received as outlined in Development Services Department report, DSD -2024-119; and further, That the Hidden Valley Flood Risk Reduction Municipal Class Environmental Assessment — Project File Report, be filed with the Ministry of the Environment, Conservation and Parks (MECP) for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act. 7.2.i Schneider and Shoemaker Creek Naturalization - Municipal Class 'C' Environmental Assessment (EA), INS -2024-129 That Council approve the Environmental Study Report: Schneider and Shoemaker Creeks Naturalization Schedule 'C' Municipal Class Environmental Assessment prepared by Stantec Consulting Ltd. and dated March 8, 2024 together with the recommended approaches, as outlined in Infrastructure Services Department report INS -2024-129; Page 4 of 36 and, That staff be directed to file the report for the 30 -day public review period as required by the Environmental Assessment Act; and further, That upon formal completion of the Environmental Assessment, staff be directed to proceed with the detailed design and implementation of Stage 1 of the recommendations. 7.2.j Kitchener Indoor Recreation Complex - Target Cost and Design Update, INS -2024-126 That, in order to better meet the current, future and diverse recreation needs of the community, the design of the Kitchener Indoor Recreation Complex (KIRC) be improved by making changes and adding amenities outlined in Infrastructure Services Department report, INS -2024-126, including but not limited to: • A larger FIFA -sized indoor turf facility • A larger leisure/program pool • An elevated walking track • A second floor which includes viewing galleries for both pools • An indoor cricket batting cage • Increased landscaping surrounding the facility; and, That, the Kitchener Indoor Recreation Complex be built and operated as the City's first net -zero carbon facility, and as one of the most sustainable recreation facilities in Canada by, amongst other things: • Targeting a very high level of energy efficiency and building performance through the use of geothermal heating and cooling • Adding solar panels to the roof of the facility • Pursuing certification under the Canda Green Building Council Zero Carbon Building Standard v3 — Design without the use of carbon offsets or renewable energy certificates; and, That the total budget for the Kitchener Indoor Recreation Complex be approved at $143,820,000 (including non-refundable HST), and that additional debenture financing in the amount of $47,915,000 be Page 5 of 36 authorized for a term not to exceed 25 years (to be repaid from future development charge revenue); and further, That staff be directed to execute the supplementary agreement with the I PD team signatories for the construction phase of the project. 7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 25, 2024 7.3.a Limiting Distance Agreement with Owner of 630 Benninger Dr, and the Corporation of the City of Kitchener Pursuant to Section 9.10.14.2.(4) Division B of the Building Code, DSD -2024-112 That the Mayor and Clerk be authorized to execute a limiting distance agreement with the registered owner(s) of Block 132, Registered Plan 58M-642, known as 630 Benninger Dr, pursuant to Section 9.10.14.2.(4) of the Building Code: said agreement is to permit 5 blocks of stacked townhouses with a limiting distance for the exposed building face being measured to a point beyond the property line on to the adjacent property, Block 134 Registered Plan 58M-642, known as 16 Nathalie St (City of Kitchener stormwater management pond), to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD -2024-112. 7.3.b Kitchener Growth Management Annual Monitoring Report 2023, DSD - 2024 -130 That the Kitchener Growth Management Strategy Annual Monitoring Report, as outlined in Development Services Department report DSD - 2024 -130 be used as the basis to fulfill Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Regional Municipality of Waterloo regarding delegated approval authority. 7.4 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -APRIL 8, 2024 Council is requested to consider the following matter arising from the Planning and Strategic Initiatives Committee meeting earlier this date. 7.4.a Official Plan Amendment Application OPA24/001/V/CD and Zoning By-law Amendment Application ZBA24/001/V/CD, 236-264 Victoria Street North, DSD -2024-132 "That Official Plan Amendment Application OPA/24/001/V/CD for Vicner Inc. be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-132 as Attachment `A', and accordingly forwarded to the Region of Waterloo for approval; and Page 6 of 36 That Zoning By-law Amendment Application ZBA24/001/V/CD for Vicner Inc. be approved in the form shown in the `Proposed By-law', and 'Map No. 1', attached to Report DSD -2024-132 as Attachment 'B'; and That the Urban Design Report, dated December 2023, and attached to Report DSD -2024-132 as Attachment `F', be adopted, and that staff be directed to apply the Urban Design Report through the Site Plan Approval process." 8. UNFINISHED BUSINESS 8.1 Notice of Motion - D. Chapman - Bramm Street Parking Councillor D. Chapman has given notice to introduce the following motion for consideration this date: "WHEREAS prior to December 31, 2023 paid parking was required in the Bramm Street surface parking lot from Monday to Saturday between 8 am and 5 pm; and, WHEREAS on January 1, 2024 hours were changed at the Bramm Street surface parking lot to require payment for parking from Monday to Sunday between 8 am and midnight the same as mid- town Kitchener surface parking lots; and, WHEREAS surface parking lots within the Downtown Kitchener BIA boundary have received, and continue to receive, a taxpayer subsidy, due to LRT construction and COVID-19 impacts, to provide free parking between 5 p.m. and 6 p.m. on weekdays and all day Saturday; WHEREAS city -owned surface parking lots will be redeveloped over time to support housing and economic development objectives; and, WHEREAS delegates requested that Council change the hours which require payment at the Bramm Street surface parking lot, indicating that reverting to the previous hours would be an acceptable solution; and, THEREFORE BE IT RESOLVED THAT the Bramm Street surface parking lot fee structure revert to the model that was in place prior to January 2024 on a temporary basis, pending further review in 2024; THEREFORE BE IT FURTHER RESOLVED THAT the 5-6 p.m. weekday evening and Saturday daytime free parking economic development property tax subsidy within the Kitchener Downtown Business Improvement Area boundary be reviewed/reconsidered in 2024; and, THEREFORE BE IT FINALLY RESOLVED that a parking rate Page 7 of 36 E 10. 11 12. 13 structure be considered as part of the 2025 budget which balances: 1) fair market value for parking; 2) the financial viability of the parking enterprise, and 3) efficient use of taxpayer funds to support downtown economic development goals." NEW BUSINESS 9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC QUESTIONS AND ANSWERS BY-LAWS 11.1 1ST AND 2ND READING 11.1.a Being a by-law to name private roads as Jet Avenue, Graphite Drive and Shale Avenue, in the City of Kitchener. 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 To confirm all actions and proceedings of the Council for April 8, 2024. 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. 51 to the Official Plan - 236- 264 Victoria Street North. 11.2.b Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener — Vicner Inc. — 236-264 Victoria Street North. COMMITTEE OF THE WHOLE 12.1 ADMINISTRATIVE REPORTS 12.1.a 2024 Committee Member Appointments — Downtown Advisory Committee, COR -2024-152 12.1.b Dangerous Dog Designation Appeal — Bertin and Freddi, COR -2024- 113 12.2 FOR INFORMATION 12.2.a 2023 Year End Variance, FIN -2024-153, FIN -2024-153 REPORT OF THE COMMITTEE OF THE WHOLE 10 12 20 Page 8 of 36 14. BY-LAWS 14.1 3RD READING 14.1.a Being a by-law to name private roads as Jet Avenue, Graphite Drive and Shale Avenue, in the City of Kitchener. (By-law 2024-078) 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. (By-law 2024-079) 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 2024-080) 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 2024-081) 14.1.e To confirm all actions and proceedings of the Council for April 8, 2024. (By-law 2024-084) 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. 51 to the Official Plan - 236- 264 Victoria Street North. (By-law 2024-082) 14.2.b Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener — Vicner Inc. — 236-264 Victoria Street North. (By-law 2024-083) 15. ADJOURNMENT Page 9 of 36 Staff Report 1 KK� R Corporate Services Department www. kitchen er.ca REPORT TO: Committee of the Whole DATE OF MEETING: April 8, 2024 SUBMITTED BY: Amanda Fusco, Director, Legislated Services and City Clerk, 519- 741-2200 ext. 7809 PREPARED BY: Amanda Fusco, Director, Legislated Services and City Clerk, 519- 741- 2200 ext. 7809 WARD(S) INVOLVED: All DATE OF REPORT: March 22, 2024 REPORT NO.: COR -2024-152 SUBJECT: 2024 Committee Member Appointments — Downtown Advisory Committee RECOMMENDATION: That effective immediately Aminka Belvitt, Jennifer Birnstihl and Grant Eveleigh be appointed to the Downtown Advisory Committee for the term ending November 14, 2024. REPORT HIGHLIGHTS: • The purpose of this report is to appoint new members to the Downtown Advisory Committee due to the resignation of previously appointed members. • This report supports the delivery of core services. BACKGROUND: On November 16, 2022, Council appointed citizens and members of Council to various advisory committees, boards, and special committees for the current term. At the Striking Committee meeting, eight individuals were appointed to the Downtown Action Advisory Committee. In November 2023 a new Terms of Reference for the Downtown Advisory Committee was approved by Council revising the composition to a minimum of 7 city residents, at large, as opposed to specific sector criteria previously. On December 22, 2022 and October 26, 2023 Graham Trusler and Izabella Wylie, resigned from the Committee and staff opted not the fill the vacancies at the time due to the pending Terms of Reference review. On January 10, 2024, staff were notified that Ben Campbell resigned from the Committee and on February 26, 2024 Jeanette Makad resigned leaving the Committee only 4 remaining citizen members. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 10 of 36 REPORT: From March 4, 2024 to March 17, 2024, the City of Kitchener reopened recruitment for the Downtown Advisory Committee due to the mid-term vacancies, and corresponding need for additional membership. A total of 9 applications were received, and in accordance with the eligibility review arising from GOV-BOA-063 (Appointments to Boards and Committee) 7 candidate applications were then considered on March 22, 2024 by the Nominating Committee. The Nominating Committee recommended the following members for appointment to ensure the continued functioning of the Downtown Advisory Committee: Aminka Belvitt, Jennifer Birnstihl Grant Eveleigh 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. CONSULT — The Nominating Committee was consulted when considering applications to fill the vacancies. COLLABORATE — The Downtown Development Assistant and Committee Administrator for the Committee collaborated on the report and recommendation. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: None. Page 11 of 36 Staff Report J IKgc.;i' r� R Corporate Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: April 8, 2024 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Marilyn Mills, Committee Coordinator, 519-741-2200 ext. 7275 WARD(S) INVOLVED: All DATE OF REPORT: March 19, 2024 REPORT NO.: COR -2024-113 SUBJECT: Dangerous Dog Designation Appeal — Bertin and Freddi RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by C. Bertin, wherein the Committee affirms the Dangerous Dog Designation applied to the dog `Broly' by the Humane Society of Kitchener -Waterloo and Stratford Perth, be ratified and confirmed with modified conditions, as outlined in Corporate Services Department report COR -2024-113; and further, That the decision of the Dog Designation Appeal Committee regarding an appeal filed by C. Bertin and S. Freddi, wherein the Committee substitutes the Dangerous Dog Designation applied to the dog `Meeko' by the Humane Society of Kitchener -Waterloo and Stratford Perth and assigns the designation of Potentially Dangerous Dog with modified conditions, as outlined in Corporate Services Department report COR -2024-113. REPORT HIGHLIGHTS: • On November 20, 2023, the Humane Society of Kitchener -Waterloo and Stratford Perth designated "Broly" and "Meeko" as Dangerous Dogs. • Officer Canavan designated "Broly" and "Meeko" as Dangerous Dogs due to an incident where "Broly" and "Meeko" did attack another dog without provocation. • The City's Dog Designation Appeal Committee affirmed the designation of "Broly" as a Dangerous Dog and substituted the designation of "Meeko" as Dangerous Dog with the designation of Potentially Dangerous Dog. • This report supports the delivery of core services. BACKGROUND: On November 20, 2023 the Humane Society of Kitchener -Waterloo and Stratford Perth designated `Broly', a dog owned by C. Bertin, as a Dangerous Dog. The designation was applied after determining that on October 24, 2023, `Broly' did attack another dog without provocation, in contravention to Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code. In addition, on November 20, 2023, the Humane Society of Kitchener -Waterloo and Stratford Perth *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 12 of 36 designated `Meeko', a dog owned by C. Bertin, and S. Freddi as a Dangerous Dog. The designation was applied after determining that on October 24, 2023, `Meeko' did attack another dog without provocation, in contravention to Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code. On November 21, 2023, the Office of the City Clerk received correspondence from C. Bertin and S. Freddi appealing both the Dangerous Dog Designations laid on their dogs. A Notice of Hearing was issued to the Respondent and Appellants, advising on February 16, 2024, a hearing of the Dog Designation Appeal Committee would be held to consider the matter. The Committee heard and considered evidence from all parties and determined that the Dangerous Dog Designation applied to `Broly' should be confirmed and the Dangerous Dog Designation applied to `Meeko' should be substituted with a designation of Potentially Dangerous Dog. REPORT: The Dog Designation Appeal Committee established by the Council of the Corporation of the City of Kitchener pursuant to City of Kitchener pursuant to Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code and the Statutory Powers Procedures Act R.S.O 1990 Chapter S.22, sat on February 16, 2024 and February 26, 2024 to consider two appeals filed with the City by C. Bertin and S. Freddi, and reports as follows: The Committee considered the following: • testimony provided on behalf of the Respondent by Officer S. Canavan, Kitchener -Waterloo and North Waterloo Humane Society, which demonstrates `Broly' and `Meeko' were involved in an incident on October 24, 2023 where 'Broly' and `Meeko' did attack a dog without provocation. • testimony and photographic evidence from M. Scott, Witness for the Respondent, regarding an incident that occurred on October 24, 2023, where their dog was attacked by `Broly' and `Meeko' and sustained wounds on their head. • testimony and photographic evidence from C. Bertin, Appellant and owner of the dog 'Broly' and co-owner of the dog `Meeko'; and, S. Freddi, Appellant and owner of the dog `Meeko' acknowledging the incident did occur on October 24, 2023 and requesting the Committee rescind the dangerous dog designation as it was an isolated incident. • testimony from D. Hallman, Witness for the Appellant, regarding an incident that occurred on October 24, 2023, where `Broly' and `Meeko' attacked a dog. It was noted `Meeko' attacked another dog because the dog had bitten `Meeko's' owner, C. Bertin. In addition, the Committee reviewed and considered the provisions of Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code and recommends that having considered all the evidence and exhibits presented during the Hearing regarding the incident, the Dangerous Dog Designation applied to `Broly' be confirmed with modified conditions; and further, that the Dangerous Dog Designation applied to `Meeko' be substituted with a designation of Potentially Dangerous Dog. The Committee hereby recommends the designation of Dangerous Dog applied to `Broly', by the Humane Society of Kitchener -Waterloo and Stratford Perth; and, pursuant to By-law 2014-142 assigns the following modified conditions for the keeping of said Dangerous Dog: Page 13 of 36 a) The owner shall ensure that all conditions pertaining to the dog when it is off the property of the owner including any leashing and muzzling requirements are complied with in any City Off -Leash Park unless specified otherwise in this designation; b) The owner shall ensure that the animal services provider is provided with the new address and telephone number of the owner within two working days of moving the designated dog; c) The owner shall provide the animal services provider with the name, address and telephone number of the new owner within two working days of selling or giving away the designated dog; d) The owner shall advise the animal services provider within two working days of the death of the designated dog; e) The owner shall advise the animal services provider forthwith if the designated dog runs at large or has bitten or attacked any person or animal; f) The owner shall provide a copy of this designation to any person who keeps or harbors the designated dog; g) The owner shall provide a copy of this designation to any veterinarian treating the designated dog and within the veterinarian's premises shall be exempt from the requirements of this designation to the extent necessary to secure veterinary treatment for the dog at the discretion of the veterinarian; h) The owner shall ensure that the designated dog has a current City dog license; i) The owner shall ensure that the designated dog wears the tag or tags provided by the animal services provider at all times and shall pay the reasonable cost for such tag or tags; j) The owner shall ensure that the designated dog is kept, when it is on the lands and premises of the owner, confined: a. within the dwelling; b. in an area with a secure and adequate fence to the satisfaction of the animal services provider however the animal services provider may refuse to approve any fenced area if, in the sole discretion of the animal services provider, a fenced area would provide insufficient protection to members of the public including unsupervised children who may wander into the area; or Page 14 of 36 c. when outside of the dwelling and the approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 meters (6 feet) in length and to be approved by the animal services provider, and, where the dog is required to wear a muzzle off its property by this designation shall also wear a muzzle when confined in accordance with this subsection (c); k) The owner shall ensure that the designated dog is kept under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services provider, at all times when the designated dog is off the owner's property and not caged or otherwise penned or confined to the satisfaction of the animal services provider 1) The owner shall ensure that the designated dog wears a securely attached muzzle that is satisfactory to the animal services provider at all times when it is off the owner's property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; m) The owner shall ensure that the warning signs or signs provided by the animal services provider are displayed at the entrance to the owner's dwelling which a person would normally approach and at any other place on the property as directed by the animal services provider. The sign(s) shall be posted in such a manner that it/they cannot be easily removed by passersby and the sign posted at the entrance which a person would normally approach must be clearly visible to a person approaching the entrance or, when In a multiple unit dwelling, the owner will provide the name of the property owner and property manager if any and allow the animal services provider to request that person to post a sign or signs; n) The owner shall ensure that the designated dog is sterilized and shall provide proof satisfactory to the animal services provider that such procedure has been performed within 30 days of this designation becoming a confirmed designation; o) The owner shall ensure that the designated dog is microchipped by a licensed veterinarian and supply the microchip information to the animal services provider. The owner shall also permit the animal services provider to verify the implantation of such microchip. Page 15 of 36 p) The owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen is in the owner's dwelling. q) The owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen who does not habitually reside in the owner's dwelling is present. r) The owner shall ensure that the designated dog is kept caged, penned, in a locked room not accessible to children or through inadvertence, or under the control of an occupant of the dwelling who is at least 18 years of age when any person who does not habitually reside in the owner's dwelling is present. Further, the Committee hereby recommends the designation of Potentially Dangerous Dog; and, pursuant to By-law 2014-142 assigns the following modified conditions for the keeping of said Potentially Dangerous Dog: a) The owner shall ensure that all conditions pertaining to the dog when it is off the property of the owner including any leashing and muzzling requirements are complied with in any City Off -Leash Park unless specified otherwise in this designation; b) The owner shall ensure that the animal services provider is provided with the new address and telephone number of the owner within two working days of moving the designated dog; c) The owner shall provide the animal services provider with the name, address and telephone number of the new owner within two working days of selling or giving away the designated dog; d) The owner shall advise the animal services provider within two working days of the death of the designated dog; e) The owner shall advise the animal services provider forthwith if the designated dog runs at large or has bitten or attacked any person or animal; f) The owner shall provide a copy of this designation to any person who keeps or harbors the designated dog; g) The owner shall provide a copy of this designation to any veterinarian treating the designated dog and within the veterinarian's premises shall be exempt from the Page 16 of 36 requirements of this designation to the extent necessary to secure veterinary treatment for the dog at the discretion of the veterinarian; h) The owner shall ensure that the designated dog has a current City dog license; i) The owner shall ensure that the designated dog wears the tag or tags provided by the animal services provider at all times and shall pay the reasonable cost for such tag or tags; j) The owner shall ensure that the designated dog is kept, when it is on the lands and premises of the owner, confined: a. within the dwelling; b. in an area with a secure and adequate fence to the satisfaction of the animal services provider however the animal services provider may refuse to approve any fenced area if, in the sole discretion of the animal services provider, a fenced area would provide insufficient protection to members of the public including unsupervised children who may wander into the area; or c. when outside of the dwelling and the approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 meters (6 feet) in length and to be approved by the animal services provider, and, where the dog is required to wear a muzzle off its property by this designation shall also wear a muzzle when confined in accordance with this subsection (c); k) The owner shall ensure that the designated dog is kept under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services provider, at all times when the designated dog is off the owner's property and not caged or otherwise penned or confined to the satisfaction of the animal services provider 1) The owner shall ensure that the designated dog wears a securely attached muzzle that is satisfactory to the animal services provider at all times when it is off the owner's property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; m) The owner shall ensure that the warning signs or signs provided by the animal services provider are displayed at the entrance to the owner's dwelling which a person would normally approach and at any other place on the property as directed by the animal Page 17 of 36 services provider. The sign(s) shall be posted in such a manner that it/they cannot be easily removed by passersby and the sign posted at the entrance which a person would normally approach must be clearly visible to a person approaching the entrance or, when In a multiple unit dwelling, the owner will provide the name of the property owner and property manager if any and allow the animal services provider to request that person to post a sign or signs; n) The owner shall ensure that the designated dog is sterilized and shall provide proof satisfactory to the animal services provider that such procedure has been performed within 30 days of this designation becoming a confirmed designation; o) The owner shall ensure that the designated dog is microchipped by a licensed veterinarian and supply the microchip information to the animal services provider. The owner shall also permit the animal services provider to verify the implantation of such microchip. p) The owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen is in the owner's dwelling. q) The owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen who does not habitually reside in the owner's dwelling is present. r) The owner shall ensure that the designated dog is kept caged, penned, in a locked room not accessible to children or through inadvertence, or under the control of an occupant of the dwelling who is at least 18 years of age when any person who does not habitually reside in the owner's dwelling is present. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM — All those in attendance at the February 16, 2024, Hearing were advised of the Committee's decision and that it would be considered at the April 8, 2024 Council meeting as required in the By-law. In addition, a Notice of Decision was sent to the Appellant and the Respondents via email and registered mail on February 28, 2024; thereby, further notifying both Page 18 of 36 parties of when the Committee'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. APPROVED BY: Victoria Raab, General Manager, Corporate Services Page 19 of 36 Staff Report Financial Services Department www. kitchen er.ca REPORT TO: Committee of the Whole DATE OF MEETING: April 8, 2024 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 DATE OF REPORT: March 13, 2024 REPORT NO.: FIN -2024-153 SUBJECT: 2023 Year End Variance RECOMMENDATION: For Information REPORT HIGHLIGHTS: • The purpose of this report is to provide the yearend financial results for City operations • Tax Supported Operations ended the year with a surplus of $3,061,000 • Enterprise Operations ended the year with results that were $2,748,000 better than budgeted • This report supports the delivery of core services. BACKGROUND: This is the third and final formal variance report to Council regarding the City's financial performance versus the 2023 budget. The report and attached schedules include information regarding: • Tax supported operating Rate supported enterprises/utilities, and Supplementary information related to investment income REPORT: The City's tax -supported operations ended the year with a surplus of $3,061,000. Surplus funds are saved in the City's stabilization reserves for a future year when costs are higher or revenues are lower than expected. In that future year, the stabilization reserves will fund the resulting deficit, and help avoid tax/utility rate increases. The major contributors to the overall positive variance are the surpluses in Planning, Operations — Roads and Traffic, Gapping, Supplementary Taxes, and Penalties & Interest. These positive variances are *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 20 of 36 offset in part by deficits in Sport, Corporate Communications, Facilities Management and Parks and Cemeteries. 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) ended the year with results $2,748,000 better than expected. All enterprises except Parking were better than budgeted in 2023. More details about each of the City's enterprises are provided in the report below and in Schedules 2-8. Operating Fund — Tax Base (Schedule 1) The City ended the year with an operating surplus of $3.06M in tax -supported operations. This result is 1.32% of budgeted expenditures totaling $232.2M. The table below shows the City has ended the year in a surplus position in all years since 2015 with the exception of 2020 and 2021 which were due to the economic realities of COVID-19. Tax Supported Operations — Yearend Position pu I mpi I VUUII I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Vi Vi ill pi o u ill a 7U112" Surplus/ (Deficit) $0.98M 0.98M ,........ 0.94M .94M $1uuu,um�.u4u� 2uUuM" $1.73M $0.77M 0.�7u75.06M) �dum1 �uum.11l'u2m'�dum�i3uu Muuuu�mi u�uuouluui'uuu ilul Vuim $3.06M Significant variances (over $200,000) are summarized below by division. Schedule 1 provides additional detail by including information for variances that exceed $100,000 of the budget. Significant Variances (over $200,000) Community Services Department: • Sport had a deficit of $503,000 due to higher than budgeted wages. Development Services Department: • Planning had a surplus of $609,000 due to higher than anticipated revenues for Site Plans as well as Official Plan and Zoning By -Law Amendments. Infrastructure Services Department: • Facilities Management had a deficit of $423,000 due to increased water usage at pools as a result of required draining and re -filling, as well as increased service charges at rented facilities. • Parks and Cemeteries had a deficit of $875,000 due to reduced crematorium revenues as well as increased costs for tree planting, portable washrooms and vandalism cleanup. • Operations —Roads and Traffic had a surplus of $200,000 due to lower winter maintenance costs as a result of the unseasonably warm fall. Page 21 of 36 General Expense: Gapping had a surplus of $461,000 due to staff savings related to regular vacancies. General Revenues: Supplementary Taxes/Write-offs had a surplus of $1,140,000 due to higher than expected supplementary revenues as well as lower than expected tax appeal write- offs. Other Revenues: • Penalties and Interest had a surplus of $1,584,000 due to an increase in overall property tax receivable balances. Enterprises — (Schedules 2 to 8) Enterprises as a whole ended the year $2,748,000 better than budgeted. Final results for rate supported enterprises/utilities have been closed out to the appropriate reserves according to policy. Summary information about each enterprise is noted below, with more detailed information provided in the schedules attached to this report. Buildingprise (Schedule 21 The Building Enterprise had a deficit of $288,000 which was $3,114,000 better than budgeted due to higher-than-expected revenues for new rental housing projects in the mid and high-rise categories as well as cost savings related to staff vacancies. Golf Enterprise (Schedule 3) The Golf Enterprise had a deficit of $395,000 which was $92,000 better than budgeted due to higher than budgeted green fee revenues which is offset in part by higher than budgeted wages. Parking Enterprise (Schedule 4) The Parking Enterprise had a deficit of $1,604,000 which was $73,000 worse than budgeted due to reduced monthly and meter revenues which are offset in part by staff vacancies and the loss of a surface parking lot due to a terminated lease. Safe Restart funding of $703,000 was used to partly offset the deficit and has now been fully allocated. Water Utilitv (Schedule 5 The Water Utility had a surplus of $1,569,000 which was $2,419,000 better than budgeted due to increased volume of water sold as a result of the warmer weather, as well as cost savings from staff vacancies. Page 22 of 36 Sanitary Sewer Utility (Schedule 6) The Sanitary Sewer Utility had a surplus of $2,921,000 which was $6,374,000 better than budgeted due to higher than budgeted revenues, which is consistent with increased volume sales also noted in the Water utility. Additionally, operating expenses were lower than budget due to staff vacancies and lower volume of sewer rebates. Stormwater Utility (Schedule 71 The Stormwater Utility had a deficit of $633,000 which was $573,000 better than budgeted due to higher stormwater revenues from increased development as well as savings from staff vacancies. Gas Utility (Schedule 8) The Gas Utility (Total) had a surplus of $1,178,000 which was $1,431,000 better than budgeted. • Gas Delivery had a deficit of $4,318,000 which was $131,000 worse than budgeted due to additional locator costs incurred during the year offset in part by a rate adjustment in November. • Other Programs (Rental Water Heaters and KU Dispatch) had a surplus of $3,612,000 which was $181,000 worse than budgeted due to higher depreciation costs and increased carrying costs. • Gas Supply had a surplus of $1,885,000 which was $1,744,000 better than budgeted due to reduced operating expenses as a result of lower volumes of gas sold and favourable hedging strategies. Investment Report (Schedule 9) All investments were made in accordance with the City's investment policy. Short-term investment yields to date averaged 4.55%, and were well above the average interest rate of 2.58% for all of 2022. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Final results for tax supported operations and rate supported enterprises/utilities have been closed out to the appropriate stabilization reserves. Surpluses increase the funds available in the reserve to offset future deficits, while deficits decrease funds available to deal with unanticipated funding needs. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Page 23 of 36 PREVIOUS REPORTS/AUTHORITIES: • FIN -2023-370 June 2023 Operating Variance Report • FIN -2023-537 September 2023 Operating Variance Report APPROVED BY: Jonathan Lautenbach, Chief Financial Officer ATTACHMENTS: • Schedule 1: Statement of Operations — Tax Supported Services • Schedule 2: Statement of Operations — Building • Schedule 3: Statement of Operations — Golf • Schedule 4: Statement of Operations — Parking • Schedule 5: Statement of Operations — Water • Schedule 6: Statement of Operations — Sanitary Sewer • Schedule 7: Statement of Operations — Stormwater • Schedule 8: Statement of Operations — Gas • Schedule 9: Investment Report Page 24 of 36 L O = M N CU N U. 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