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HomeMy WebLinkAboutCouncil Minutes - 2024-08-26Council Meeting Minutes August 26, 2024, 7:00 p.m. Electronic Meeting 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 S. Stretch 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 D. McGoldrick, General Manager, Infrastructure Services L. MacDonald, City Solicitor M. Hildebrand, Director, Neighbourhood Programs & Services S. Saleh, Director, Revenue A. Fusco, Director Legislated Services / City Clerk G. Stevenson, Director, Development & Housing Approvals D. Saunderson, Deputy Clerk A. Marie Cipriani, Corporate Sustainability Officer 1. COMMENCEMENT The meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 1 1.1 Live Stream Link For direct access to the meeting livestream, please visit the following link: LN share 2. MINUTES FOR APPROVAL On motion by Councillor J. Deneault the minutes of the regular meeting held June 24, 2024, and special meetings held June 24, July 15 and August 12, 2024, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.1 Councillor S. Stretch - Proposed Update to the Heritage Grant Program 2024, DSD -2024-332 Councillor S. Stretch declared a conflict related to Proposed Update to the Heritage Grant Program 2024, DSD -2024-332, listed as item 7.1.m. on the agenda this date, as she was previously a grant recipient, and she did not participate in any voting or discussion on the matter. 3.2 Councillor B. loannidis - Property Tax Exemption for Affordable Housing, FIN -2024-299 Councillor B. loannidis declared a conflict related to Property Tax Exemption for Affordable Housing, FIN -2024-299, listed as item 7.2.f. on the agenda this date, due to his place of employment, and he did not participate in any voting or discussion on the matter or the related by-laws. 3.3 Councillor C. Michaud - Property Tax Exemption for Affordable Housing, FIN -2024-299 Councillor C. Michaud declared a conflict related to Property Tax Exemption for Affordable Housing, FIN -2024-299, listed as item 7.2.f. on the agenda this date, due to her place of employment, and she did not participate in any voting or discussion on the matter or the related by-laws. 3.4 Councillor P. Singh - Notice of Motion - D. Chapman - Renoviction Legislation Request, listed as item 8.1 Councillor P. Singh declared a conflict related to Councillor D. Chapman's Renoviction Notice of Motion, listed on the unfinished business agenda this date, due to the fact that he owns rental properties, and he did not participate in any voting or discussion on the matter. 4. COMMUNICATIONS REFERRED TO FILE E 4.1 Flag Request under Policy MUN-FAC-442 4.1.a Canadian Polish Congress Kitchener District - May 2 - 9, 2025 5. PRESENTATIONS - NIL 6. DELEGATIONS 6.1 Notice of Intention to Demolish Smokehouse - 1478 Trussler Road, DSD - 2024 -343, listed as item 7.1.a Council considered Notice of Intention to Demolish Smokehouse - 1478 Trussler Road, DSD -2024-343, listed as item 7.1.a on the agenda this date, related to Notice of Intention to Demolish received on June 28, 2024, regarding the intent to demolish the smoke house located on the property municipally addressed as 1478 Trussler Road. Karen Doehn was in attendance in support of the recommendation as outlined in the staff report. Moved by Councillor C. Michaud Seconded by Councillor D. Chapman "That, in accordance with Section 27(3) of the Ontario Heritage Act, the Notice of Intention to Demolish received on June 28, 2024, regarding the intent to demolish the smoke house located on the property municipally addressed as 1478 Trussler Road, be received for information and that the notice period run its course, as outlined in Development Services Department report, DSD -2024-343" Carried 6.2 Heritage Permit Application HPA-2024-V-015, 99 College Street, Construct a Rear -Yard Addition, DSD -2024-324, listed as item 7.1.1 Council considered Heritage Permit Application HPA-2024-V-015, 99 College Street, Construct a Rear -Yard Addition, DSD -2024-324, listed as item 7.1.1 on the agenda this date. Steve Burrows addressed Council in support of the recommendation. Moved by Councillor D. Chapman Seconded by Councillor C. Michaud "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2024-V-015 be approved to construct a rear -yard addition on the property municipally addressed as 99 College Street, in 3 accordance with the supporting information submitted with this application, as outlined in Development Services Department report, DSD -2024-324." Carried 6.3 Official Plan Amendment Application OPA24/006M/TS, Zoning By-law Amendment Application ZBA24/011/W/TS, 1036, 1082 and 1094 Wilson Avenue, Colt Canada Corporation, DSD -2024-329, listed as item 7.3.h. Council considered Official Plan Amendment Application OPA24/006/W/TS, Zoning By-law Amendment Application ZBA24/011/W/TS, 1036, 1082 and 1094 Wilson Avenue, Colt Canada Corporation, DSD -2024-329. Council was also in receipt of a written submission from Kae Elgie on opposition to the subject application. Kristen Barisdale, GSP Group. and Sean Congdon, Colt Canada were in attendance in support of the recommendation. Elizabeth Doran, Andrew Reeves, Sheikh Muhammad, Ahmad Nabil, Ambarish Suresh, Mridhulaa Suresh, Nancy Yasmin, Rachel Thevenard, Ayah Hamaoui, Manel Miaadi, Natasha Nadia Matar, Jacob Pries and Foufou Khalid addressed Council on opposition to the subject applications and the recommendations as outlined in Report DS2024-329. Concerns were expressed related to potential adverse environmental impacts of an increased manufacturing and the site's proximity to the Grand River; concerns for traffic safety; the loss of residential homes during a housing crisis; concerns for compliance with the City's Strategic Plan, commitment to the Sustainable Development Goals (SDGs) and truth and reconciliation; and, the expansion of a manufacturing business to increase production of weaponry and their harm against people and those in marginalized groups. Andrew Reeves advised that a petition has been signed by over 600 people in opposition to the subject application. Garett Stevenson, Director, Development and Housing Approvals, addressed Council and highlighted Planning Act considerations when considering zoning by- law and official plan amendment applications, prescribed by provincial legislation. Natural heritage protections and features raised by the delegates are addressed through the site plan process. Sight lines and visibility challenges with Wilson Avenue were addressed and G. Stevenson noted brush treatments and/or increased street lighting would address the safety concerns. It was noted that the two residential developments are vacant and have been for some time, so there is no displacement and the development on the natural heritage features is limited and resulted in a revised development application. M Members of Council asked questions regarding consultation with Indigenous Peoples, consultation with the Grand River Conservation Authority (GRCA), federal regulation and jurisdiction of gun control and weapons manufacturing, distribution and sales, appeal mechanisms if Council should deny the applications, past environmental conduct and contaminants on the site, lighting and safety limitations of Wilson Avenue and received responses from G. Stevenson. Moved by Councillor P. Singh Seconded by Councillor J. Deneault "That Official Plan Amendment Application OPA24/006/W/TS for the property municipally addressed as 1036, 1082 and 1094 Wilson Avenue for Colt Canada Corporation requesting the change of use from Low Rise Residential to General Industrial Employment for the lands specified and illustrated as the "Area of Amendment" on Schedules 'A' and 'B', be adopted, and forwarded to the Region of Waterloo for approval accordingly, in the form shown in the Official Plan Amendment attached to Development Services Department report, DSD -2024-329, as Appendix 'A'; and further, That Zoning By-law Amendment Application ZBA24/006/W/TS for Colt Canada Corporation be approved in the form shown in the `Proposed By- law', and 'Map No. 1', attached to report DSD -2024-329 as Appendix 'B'." Carried 6.4 2022 Waterloo Region Community Greenhouse Gas Inventory, DSD -2024- 252 Council considered Development Services Department report DSD -2024-252, entitled 2022 Waterloo Region Community Greenhouse Gas Inventory, listed as item 12.2.a on the Committee of the Whole agenda this date. Council was also in receipt of a receipt of a written submission from Kai Reimer -Watts, the People's Climate Foundation. Kyra Chisholm, ClimateActionWR and Patrick Gilbride, the Executive Director of Reep (a co -leading organization of ClimateActionWR) provided a presentation regarding emissions reduction and 2030 target and provided an update on the targets. Progress made between 2010 and 2022 was highlighted encompassing transportation emissions data by vehicle type and the trend on purchasing larger utility vehicles has on emissions. Emissions by energy source were reported and the work of TransformWR. Several calls to action were highlighted including l investing in robust transit options, accelerating decarbonization of passenger vehicles, accelerating adoption of low carbon, fuel switching technologies and adoption of ambitious high -development standards. Bridget Lewis, Waterloo Region Climate Collaborative highlighted the severe weather events and impacts of climate change on the local environment and urged Council to make decisions that perpetuate a legacy of environmental stewardship. Kim Charlesworth, highlighted the emissions reduction target of 2030 and where the science and numbers were established from, noting the lack of real action and policies are contrary to the city considering climate change an emergency. K. Charlesworth urged Council to consider bold actions to remain competitive with climate change initiatives. The Mayor noted Report DSD -2024-252 was an information report, no resolution of Council is required. 6.5 Notice of Motion - D. Chapman - Renoviction Legislation Request, listed as item 8.1 Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared a conflict related to Councillor D. Chapman's Renoviction Notice of Motion, listed on the unfinished business agenda this date, due to the fact that he owns rental properties, and he did not participate in any voting or discussion on the matter.) Council considered Notion of Motion - Renoviction Legislation Request. Council was in receipt of a written submission from Meg Walker. Jacquie Wells, ACORN Waterloo Region, delegated in support of the motion but stressed that Bill 97 implementation will result in more housing loss as the legislation is not geared towards tenant protections but rather focuses on additional adjudicators to hear cases at the Landlord and Tenant Board which could results in more evictions. J. Wells stressed that the lack of a renoviction by- law, and the city's position that it's not within its jurisdiction leaves tenants vulnerable. J. Wells urged Council to revise the motion to address staff direction to establish a renoviction by-law. Members of Council asked questions regarding the City of Hamilton renoviction by-law provisions and received responses from the delegate. Lynn Initini, delegated in support of a compassionate approach to marginalized groups and noted that Bill 97 does not support tenant groups and the need for a renoviction by-law to address gaps in legislation. n. Councillor P. Singh and S. Davey left the meeting at this time. Moved by Councillor D. Chapman Seconded by Councillor J. Deneault "WHEREAS the City of Kitchener adopted the resolution, "`Renovictions' - Safe and Adequate Housing" on October 18, 2021, advocating to the Province of Ontario to take additional and meaningful steps to address the ever-increasing problem of Renovictions; WHEREAS the City of Kitchener is taking meaningful steps to help address the issue with the legislated tools available to municipalities including adopting Inclusionary Zoning By-law and a Rental Replacement By-law; THEREFORE IT BE RESOLVED that the City of Kitchener supports the resolution adopted by the City of Toronto to urge the Province of Ontario to proclaim and bring into force all regulations pertaining to Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023, THEREFORE IT FURTHER BE RESOLVED that the City of Kitchener supports the resolution adopted by the City of Toronto to request to the Province of Ontario to amend the Residential Tenancies Act, 2006, and/or related regulations to: a. reintroduce vacancy control legislation which ties rents to residential units rather than tenancies; b. introduce rent control to cover units first occupied after November 15, 2018; c. require landlords of residential units to be responsible for finding temporary accommodation or provide sufficient relocation assistance for their tenants for the duration of the renovations if tenants intend to return post - repair/renovation; d. require landlords to obtain a building permit before issuing an N13 notice of termination, provide a copy of the applicable permit to tenants together with any N13 notice of termination, require evidence that the permit was delivered with the N 13 notice of termination as part of any L2 application to end a tenancy filed on that basis, and require the approved permit be provided to the LTB as part of any L2 application to end a tenancy filed on the basis of an N13 notice of termination; 7 e. provide the same rights and compensation afforded to tenants in buildings with five (5) or more units to those in buildings with less than five (5) units; f. increase the required compensation for tenants in no-fault evictions; g. remove ex parte eviction orders for breached repayment agreements; h. require landlords to attach a plain -language tenants' rights information package to N 13 eviction notices; i. regulate N11s and buy-out agreements; and j. amend Above Guideline Increase (AGI) rules to eliminate the eligibility of capital expenditures that constitute general repair and maintenance of the property; add a new subsection requiring landlords to save 10 percent of rental income to be accessed for capital expenditures; and require landlords to notify tenants of the decrease in advance of the date when rent is required to be reduced as specified in an order permitting an AGI related to eligible capital expenses; THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener supports the resolution adopted by the City of Toronto to urge to the province of Ontario to make the following operational changes to the Landlord Tenant Tribunal (LTB): a. allow tenants the right to in-person LTB hearings to eliminate technological barriers for individuals who do not have access to digital devices or reliable internet connection; b. simplify LTB notices with plain language so they are easily understood and ensure all forms include a tracking number that is linked to a public registry; and c. establish a provincial rental registry that tracks building ownership, rental rates, AGIs and their expiry dates, and LTB eviction filings and their outcomes; and monitor data on N12 and N13 evictions. THEREFORE BE IT FINALLY BE RESOLVED that a copy of this motion be sent to the Association of Municipalities of Ontario, the Premier of Ontario, the Ministry of Municipal Affairs and housing, all other municipalities within Ontario, the Region of Waterloo and other Municipalities for their consideration and possible endorsement." Carried 7. REPORTS OF COMMITTEES 7.1 HERITAGE KITCHENER -AUGUST 6, 2024 Councillor P. Singh and S. Davey returned to the meeting at this time. Due to the previously declared conflict by Councillor S. Stretch the balance of the matters on Heritage Kitchener report dated August 6, 2024, save and except item 7.1.m the Proposed Update to the Heritage Grant Program 2024, DSD -2024-332, were voted on and were Carried. Item 7.1.m the Proposed Update to the Heritage Grant Program 2024, DSD - 2024 -332, was then voted on and was Carried. Councillor S. Stretch did not participate in any voting on this matter. Moved by Councillor D. Chapman Seconded by Councillor C. Michaud "That the report of Heritage Kitchener, dated August 6, 2024, listed as items 7.1.a to 7.1.m on the agenda this date, be adopted." Carried 7.1.a Notice of Intention to Demolish Smokehouse - 1478 Trussler Road, DSD -2024- 343 Carried, under Delegations 7.1.b Heritage Permit Application HPA-2024-V-014, 103 Lorne Crescent, Demolish Detached One Car -Garage and Construction of New Shed, DSD -2024-345 "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2024-V-014 be approved to permit the demolition of a detached one car -garage and construction of a new shed on the property municipally addressed as 103 Lorne Crescent, in accordance with the supplementary information submitted with the application, as outlined in Development Services Department report, DSD, 2024-345." Carried 9 7.1.c Notice of Intention to Designate, 113-151 Charles Street West (Lang Site A), DSD -2024-335 "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 113-151 Charles Street West / 170-180 Joseph Street / 3-44 Francis Street South as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD - 2024 -335" Carried 7.1.d Notice of Intention to Designate, 148 Madison Avenue South, DSD -2024-340 "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 148 Madison Avenue South as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD -2024-340." Carried 7.1.e Notice of Intention to Designate, 171-173 Victoria Street North, DSD -2024-339 "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 171-173 Victoria Street North as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD -2024-339." Carried 7.1.f Notice of Intention to Designate, 1738 Trussler Road, DSD -2024-341 "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 1738 Trussler Road as being of cultural heritage value or interest, , as outlined in Development Services Department report, DSD -2024-341." Carried 10 7.1.g Notice of Intention to Designate, 709 King Street West, DSD -2024-330 "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 709 King Street West as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD -2024-330." Carried 7.1.h Notice of Intention to Designate, 83-85 King Street West, DSD -2024-336 "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 83-85 King Street West as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD -2024-336." Carried 7.1.i Notice of Intention to Designate, 87-91 King Street West, DSD -2024-337 "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 87-91 King Street West as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD -2024-337." Carried 7.1.j Notice of Intention to Designate, 97-99 King Street West, DSD -2024-338 "That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 97-99 King Street West as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD -2024-338." Carried 11 7.1.k Notice of Intention to Designate, 103-109 King Street West, DSD -2024-331 "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 103-109 King Street West as being of cultural heritage value or interest, as outlined in Development Services Department report, DSD -2024-331." Carried 7.1.1 Heritage Permit Application HPA-2024-V-015, 99 College Street, Construct a Rear -Yard Addition, DSD -2024-324, "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application H PA -2024-V-0 15 be approved to construct a rear -yard addition on the property municipally addressed as 99 College Street, in accordance with the supporting information submitted with this application, as outlined in Development Services Department report, DSD -2024-324." Carried 7.1.m Proposed Update to the Heritage Grant Program 2024, DSD -2024-332 Councillor S. Stretch declared a conflict on this item. (Councillor S. Stretch declared a conflict related to Proposed Update to the Heritage Grant Program 2024, DSD -2024-332, listed as item 7.1.m. on the agenda this date, as she was previously a grant recipient, and she did not participate in any voting or discussion on the matter.) "That staff be directed to finalize the draft revised Designated Heritage Grant Program and associated guidelines, attached as Appendix B to Development Services Department report, DSD -2024-332; and That staff be directed to finalize changes to the Designated Heritage Grant Program and associated guidelines with Kitchener City Council as part of the 2025 Budget." Carried 12 7.2 FINANCE AND CORPORATE SERVICES COMMITTEE -AUGUST 12, 2024 Due to the previously declared conflict by Councillors B. loannidis and C. Michaud items 7.2.a to e and g of the Finance and Corporate Services Committee dated August 12, 2024, were voted on and were Carried. Item 7.2.f the Property Tax Exemption for Affordable Housing, was then voted on separately and was Carried. Councillors B. loannidis and C. Michaud did not participate in any voting on this matter. Councillor M. Johnston left the meeting and returned to the meeting at this time. Moved by Councillor S. Davey Seconded by Councillor M. Johnston "That the report of the Finance and Corporate Services Committee, dated August 12, 2024, listed as items 7.2.a to 7.2.g on the agenda this date, be adopted." Carried 7.2.a Uncollectable Miscellaneous Receivable Accounts Write -Off June 2024, FIN - 2024 -312 "That uncollectable miscellaneous receivable accounts amounting to $13,531 be written off against the Allowance for Doubtful Receivables, as outlined in Financial Services Department report FIN -2024-312." Carried 7.2.b Uncollectable Utility Write -Off June 2024, FIN -2024-295 "That uncollectable utility accounts amounting to $70,384 be written off against the allowance for doubtful utility receivables, as outlined in Financial Services Department report FIN -2024-295." Carried 7.2.c Noise Exemption - Holy Trinity Serbian Church - 700 Fischer Hallman Road - August 31 - September 1, 2024, CSD -2024-296 "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 Barbeque and Bull Roast to be held on August 31 — September 1, 2024 between the hours of 11 am 13 and 10pm, as outlined in Community Services Department report CSD - 2024 -296." Carried 7.2.d Parking Management Renewal Agreements, DSD -2024-323 "That the Mayor and Clerk be authorized to execute a ten (10) year extension agreement with the Waterloo Region District School Board to operate public parking at 787 King Street West subject to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD -2024-323; and, That the Mayor and Clerk be authorized to execute a ten (10) year extension agreement with the Waterloo Region District School Board to operate public parking at 828 King Street West subject to the satisfaction of the City Solicitor; and, That the Mayor and Clerk be authorized to execute an extension agreement with the Waterloo Region District School Board to provide semester and daily permits for students and staff at 787 King Street West subject to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute a ten (10) year extension agreement with the Grand River Hospital to operate public parking at 850 King Street West subject to the satisfaction of the City Solicitor." Carried 7.2.e Lodging House By-law, COR -2024-344 "That the Lodging House By-law be approved in the form shown attached to Corporate Services Department report COR -2024-344 as Appendix "A"; and, That the fees set out in Appendix "B" of staff report COR -2024-344 be approved; and further, That the request for two (2) Full Time Equivalents (FTEs) to support the administration, inspection, and enforcement of the Lodging House By-law be approved as part of the 2025 Budget." Carried 14 7.2.f Property Tax Exemption for Affordable Housing, FIN -2024-299 Councillor B. loannidis declared a conflict on this item. (Councillor B. loannidis declared a conflict related to Property Tax Exemption for Affordable Housing, FIN -2024-299, listed as item 7.2.f. on the agenda this date, due to his place of employment, and he did not participate in any voting or discussion on the matter or the related by-laws.) Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud declared a conflict related to Property Tax Exemption for Affordable Housing, FIN -2024-299, listed as item 7.2.f. on the agenda this date, due to her place of employment, and she did not participate in any voting or discussion on the matter or the related by-laws.) "That Council support participation in the Region of Waterloo's property tax exemption program, as outlined in Financial Services Department report FIN -2024-299, by providing a property tax exemption for the City's portion of the levy to non-profit and co-operative affordable housing service providers for a period of 20 years starting in 2025; and, That staff report back to council following the first full year of implementation of the program to assess: • The outcomes of the exemption in the first year of the program. • The potential tax shifts/increases an exemption may create for other tax -paying properties. • The level of interest from for-profit developers for this affordable housing incentive and potential to include them in the program. • The appropriate duration of a property tax exemption program and potential sunset provisions; and further, That the draft by-law attached to report FIN -2024-299 as Appendix "A", as amended, allowing the City of Kitchener to participate in the Region of Waterloo Property Tax Exemption for affordable housing program as it relates to non-profit and co-operative affordable housing providers, be approved." Carried 15 7.2.g Stanley Park Neighbourhood Association Partnership Agreement, CSD -2024-260 "That the 3 -year Partnership Agreement, between the Stanley Park Community Association (SPCA) and the City of Kitchener, as attached to Community Services Department report CSD -2024-260 be approved; and, That the Deputy Chief Administrative Officer and General Manager of Community Services be authorized to execute said agreement, to the satisfaction of the City Solicitor; and further, That the Deputy Chief Administrative Officer and General Manager of Community Services be authorized to execute any future renewals to this agreement, to the satisfaction of the City Solicitor." Carried 7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -AUGUST 12, 2024 It was noted supplemental Report DSD -2024-379 related to 1001 King Street East and 15 Dellroy Avenue DSD -2024-379, requesting an amendments to the conditions for both the Draft Plan of Condominium Applications, which are included in the agenda this date for Council's consideration. Councilor P. Singh brought forward a motion to approve the balance of the Planning and Strategic Initiatives Committee report dated August 12, 2024, including the amended conditions as proposed in Report DSD -2024-379, included on the agenda this date, which was seconded by Councillor D. Chapman. Moved by Councillor P. Singh Seconded by Councillor D. Chapman "That the report of the Planning and Strategic Initiatives Committee, dated August 12, 2024, listed as items 7.4.a to 7.4.h on the agenda this date, be adopted." Carried 7.3.a Private Street Naming, 1000 New Dundee Road, DSD -2024-294 "That the City of Kitchener acknowledge that Cachet Development (New Dundee) Inc. intends to name a private street: "Cachet Circle," and "Enclave Road," within a multiple residential development located at 1000 W. New Dundee Road, as outlined in Development Services Department report, DSD -2024-294; and further, That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of, "Cachet Circle," and "Enclave Road"." Carried 7.3.b Draft Plan of Condominium Application (Vacant Land), 30CDM-24207, 1001 King Street East, King -Charles Properties Kitchener, DSD -2024-318 and Addendum Report DSD -2024-379 "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, By-law 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24207 for 1001 King Street East in the City of Kitchener, subject to conditions, as amended, attached as Appendix B to Development Services Department report DSD -2024-379." Carried, as amended 7.3.c Private Street Naming, 2-56 Benninger Drive, DSD -2024-289 "That the City of Kitchener acknowledge that Activa Holdings Inc. intends to name a private street: "Cordoba Way," within a multiple residential development located at 2-56 Benninger Drive, as outlined in Development Services Department report, DSD -2024-289; and further, That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of "Cordoba Way"." Carried 7.3.d Draft Plan of Condominium Application (Vacant Land), 30CDM-24209, 1198 Fischer Hallman Road, 1274 Bleams Road, 264 Erinbrook Drive, Deerfield Homes Ltd, DSD -2024-314 "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24209 for 1198 Fischer Hallman Road, 1274 Bleams Road, and 264 Erinbrook 17 Drive, in the City of Kitchener, subject to the conditions as outlined in Attachment `A of Development Services Department report, DSD -2024- 314." Carried 7.3.e Draft Plan of Condominium Application (Vacant Land) 30CDM-24210, 15 Dellroy Avenue, 2296342 Ontario Inc., Savic Homes, DSD -2024-328 and Addendum Report DSD -2024-379 "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, By-law 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24210 for 15 Dellroy Avenue in the City of Kitchener, subject to conditions, as amended, attached as Appendix A to Development Services Department report DSD -2024-379." Carried, as amended 7.3.f Draft Plan of Condominium Application (Vacant Land), 30CDM-24205, 455-509 Mill Street, Polocorp Inc., DSD -2024-257 "That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24205 for 455-509 Mill Street in the City of Kitchener, subject to the conditions as outlined in Appendix `A' of Development Services Department report, DSD -2024-257." Carried 7.3.g Zoning By-law Amendment Application ZBA24/013/F/BB, 75 First Avenue, Jason Dale, DSD -2024-342 "That Zoning By-law Amendment Application ZBA24/013/F/BB requesting to amend Zoning By-law 2019-051, for Jason Dale, 75 First Avenue, be approved in the form shown in the `Proposed By-law' and `Map No. 1' attached to Development Services Department report, DSD -2024-342, as Attachment `A'." Carried 19 7.3.h Official Plan Amendment Application OPA24/006/W/TS, Zoning By-law Amendment Application ZBA24/011/W/TS, 1036, 1082 and 1094 Wilson Avenue, Colt Canada Corporation, DSD -2024-329 Carried, under Delegations 8. UNFINISHED BUSINESS 8.1 Notice of Motion - D. Chapman - Renoviction Legislation Request Carried, under Delegations 9. NEW BUSINESS 9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC None. 9.2 Notice of Motion - M. Johnston - Access to Kitchener Programs, Camps & Inclusion Support Worker Program Council considered Notice of Motion - M. Johnston - Access to Kitchener Programs, Camps and Inclusion Support Worker Program. M. Hildebrand, Director, Neighbourhood Programs and Services, was in attendance to respond to questions from Council. Moved by Councillor M. Johnston Seconded by Councillor C. Michaud "WHEREAS the City of Kitchener has a history of providing residents with access to a wide variety of programs offered at a City -operated and taxpayer -funded facility (e.g. 14 community centres, 8 pools), and; WHEREAS in recent years City Council has added funding to the tax - supported operating budget to increase the number of programs available at City facilities (including additional low and no cost programs), and; WHEREAS over the past twelve months more than 5,000 spots in a program offered at a City of Kitchener facility were filled by someone living outside of Kitchener, and; WHEREAS out-of-town registrations account for more than 10% of the available program spots at some Kitchener community centres (e.g. Kingsdale, Victoria Hills, Rockway, Downtown, Bridgeport), and; 19 WHEREAS in the summer of 2024, 250 spots in City of Kitchener day camps were filled by people who live outside of Kitchener while an average of 280 Kitchener youth remained on a waitlist to access the City's summer day camps every week, and; WHEREAS over the past twelve months 34 people living in Kitchener remained on a waitlist and were unable to access the City's inclusion support worker program while 85 people living outside of Kitchener were able to access that program, which is funded by Kitchener taxpayers; THEREFORE BE IT RESOLVED that Kitchener residents be provided the opportunity to register for programs offered at a City -operated and taxpayer -funded facility, as well as all City of Kitchener day camps and the City's inclusion support worker program, seven days prior to opening registration to participants who live outside the City." Carried 10. QUESTIONS AND ANSWERS -NIL 11. BY-LAWS At the request of A. Fusco, Director, Legislative Services and 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. All of the By-laws, save and except for the by-law to provide a property tax exemption for certain affordable housing were voted on and were Carried. Due to the previously declared conflicts from Councillors B. loannidis and C. Michaud the by-law to provide a property tax exemption for certain affordable housing was then voted and was Carried. 11.1 1ST AND 2ND READING Moved by Councillor M. Johnston 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 exempt certain lots from Part Lot Control — Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Registered Plan 58M-671 - Wild Chicory Street, Jacob Detweiller Drive and Winter Wren Crescent. 20 11.1.b Being a by-law to designate the property municipally addressed as 11-15 Pandora Avenue North, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.c Being a by-law to designate the property municipally addressed as 87 Scott Street and 82 Weber Street East, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.d Being a by-law to designate the property municipally addressed as 131 Victoria Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. 11.1.e To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.f Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.g 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.h To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 11.1.1 Being a by-law to provide a property tax exemption for certain affordable housing pursuant to section 110(9) of the Municipal Act, 2001. 11.1.j Being a by-law to provide for the licensing and regulation of lodging houses in the City of Kitchener. 11.1.k Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Jason Clark Dale, Jennifer Lyn Ruth Dale, James Robert Dale and Amy Dale — 75 First Avenue. 11.1.1 Being a by-law to adopt Amendment No. 57 to the Official Plan - 1036, 1082 and 1094 Wilson Avenue. 11.1.mBeing a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Colt Canada Corporation — 1036, 1082 & 1094 Wilson Avenue. 11.1.n To confirm all actions and proceedings of the Council for August 26, 2024. Carried 21 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 J. Deneault. 12.1 ADMINISTRATIVE REPORTS 12.1.a Pre -Approval to Purchase a 2025 Forestry Aerial Bucket Truck, INS -2024-370 Council considered Pre -Approval to Purchase a 2025 Forestry Aerial Bucket Truck, INS -2024-370, recommending approval of a forestry bucket truck. Denise McGoldrick, General Manager, Infrastructure Services was in attendance to respond to questions from Council. Councillor P. Singh left the meeting and returned to the meeting at this time. Moved by Councillor M. Johnston it was resolved: "That the purchase of a 2025 forestry bucket truck be pre -approved with a budget of $255,000 as outlined in report INS -2024-370." Carried 12.2 FOR INFORMATION Councillor M. Johnston left the meeting at this time. 12.2.a 2022 Waterloo Region Community Greenhouse Gas Inventory, DSD -2024-252 13. REPORT OF THE COMMITTEE OF THE WHOLE On motion, Council rose from the Committee of the Whole. "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." 14. BY-LAWS 14.1 3RD READING All of the By-laws, save and except for the by-law to provide a property tax exemption for certain affordable housing were voted on and were Carried. 22 Due to the previously declared conflicts from Councillors B. loannidis and C. Michaud the by-law to provide a property tax exemption for certain affordable housing was then voted and was Carried. Moved by Councillor A. Owodunni Seconded by Councillor S. Davey "That the by-laws be given third reading, namely: 14.1.a Being a by-law to exempt certain lots from Part Lot Control — Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Registered Plan 58M-671 - Wild Chicory Street, Jacob Detweiller Drive and Winter Wren Crescent. (By-law 2024-144) 14.1.b Being a by-law to designate the property municipally addressed as 11-15 Pandora Avenue North, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-145) 14.1.c Being a by-law to designate the property municipally addressed as 87 Scott Street and 82 Weber Street East, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-146) 14.1.d Being a by-law to designate the property municipally addressed as 131 Victoria Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-147) 14.1.e To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law 2024-148) 14.1.f Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2024-149) 14.1.g 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 2024-150) 23 14.1.h 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 2024-151) 14.1.1 Being a by-law to provide a property tax exemption for certain affordable housing pursuant to section 110(9) of the Municipal Act, 2001. (By-law 2024-152) 14.1.j Being a by-law to provide for the licensing and regulation of lodging houses in the City of Kitchener. (By-law 2024-153) 14.1.k Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Jason Clark Dale, Jennifer Lyn Ruth Dale, James Robert Dale and Amy Dale — 75 First Avenue. (By-law 2024-154) 14. 1.1 Being a by-law to adopt Amendment No. 57 to the Official Plan - 1036, 1082 and 1094 Wilson Avenue. (By-law 2024-155) 14.1.m Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Colt Canada Corporation — 1036, 1082 & 1094 Wilson Avenue. (By-law 2024-156) 14.1.n To confirm all actions and proceedings of the Council for August 26, 2024. 15. ADJOURNMENT On motion, the meeting adjourned at 9:55 p.m. t ayor (By-law 2024-157) Carried 211