HomeMy WebLinkAboutCouncil Minutes - 2024-04-291
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Council Meeting Minutes
April 29, 2024, 7:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
Present: Mayor B. Vrbanovic
Councillor S.
Davey
Councillor J.
Deneault
Councillor C.
Michaud
Councillor A.
Owodunni
Councillor P.
Singh
Councillor M.
Johnston
Councillor D.
Chapman
Councillor S.
Stretch
Absent: Councillor D. Schnider
Councillor B. loannidis
Staff: D. Chapman, Chief Administrative Officer
M. May, General Manager, Community Services and Deputy
Chief Administrator
V. Raab, General Manager, Corporate Services
J. Readman, General Manager, Development Services
J. Lautenbach, Chief Financial Officer, Financial Services
D. McGoldrick, General Manager, Infrastructure Services
L. MacDonald, City Solicitor
B. Rowland, Director, Corporate Communications and Marketing
G. Stevenson, Director, Development & Housing Approvals
A. Fusco, Director Legislated Services / City Clerk
T MaloneWright, Manager, Development Review
D. Saunderson, Deputy Clerk
B. Bateman, Senior Planner
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1. COMMENCEMENT
The meeting began with a Land Acknowledgement given by the Mayor and the
singing of "O Canada."
2. MINUTES FOR APPROVAL
On motion by Councillor A. Owodunni the minutes of the regular meeting held
April 8, 2024, and special meetings held April 8, 15 and 22, 2024, as mailed to
the Mayor and Councillors, were accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 Councillor P. Singh - Part Lot Control Exemption — PLC24/001/K/TS, 387 &
397 King Street East, 2296093 Ontario Inc., DSD -2024-209
Councillor P. Singh declared a conflict with regards to item 12.1.d. Part Lot
Control Exemption — PLC24/001/K/TS, 387 & 397 King Street East, 2296093
Ontario Inc., DSD -2024-209, including the associated By-laws included on the
agenda for three readings, as he has family that owns property within the vicinity,
and he did not participate in any voting or discussion on the matter.
3.2 Councillor C. Michaud - Not For Profit Affordable Rental and Co-op Housing
Incentive (Pilot), DSD -2024-143
Councillor C. Michaud declared a conflict with regards to Not For Profit Affordable
Rental and Co-op Housing Incentive (Pilot), DSD -2024-143, due to her place of
employment, and she 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 St. Joseph's Health Centre Guelph, June 3 - 10, 2024
5. PRESENTATIONS
5.1 Sustainable Waterloo Region (SWR) -Annual Update
5.1.a Tova Davidson, Executive Director, Sustainable Waterloo Region
Tova Davidson presented 2023 Sustainable Waterloo Region (SWR) annual
update, highlighting their involvement in the TravelWise program, Microforest
initiatives, Spirit Garden for Everyone, school plantings with the Waterloo Region
District School Board, and noted the sponsorship and in-kind donations required
to support the programs. An update on TransformWR Climate Action Plan
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dashboard was highlighted including building resiliency through community
events. The Evolv1 buildings and net -zero gains were reported, and T Davidson
highlighted the recent news coverage regarding sustainability including the
United National Sustainable Development Goals (SDG) and focus on finding
multi -solving tools.
T Davidson responded to questions of Council regarding food forests and
community gardens alignment, designating land in the official plan for this
purpose, memorial tree donation program, events partnership with EngageWR,
net -zero city facilities, composting, forest growth, sustainable development and
heritage designation, and retention of green spaces.
6. DELEGATIONS
6.1 Official Plan Amendment Application OPA24/002/J/BB, Zoning By-law
Amendment Application ZBA24/002/JBB, 135-161 Jackson Avenue and 135
Brentwood Avenue, Sanjiv Shukla (1000190771 ONTARIO INC.), DSD -2024-
061, listed as item 8.8.1
Council considered Official Plan Amendment Application OPA24/002/J/BB,
Zoning By-law Amendment Application ZBA24/002/JBB, 135-161 Jackson
Avenue and 136 Brentwood Avenue, Sanjiv Shukla (1000190771 ONTARIO
INC.), DSD -2024-061, listed as item 8.8.1. In addition, Council was in receipt of
written submissions from J. von Westerholt, MHBC Planning, A. McLaughlin and
A. Kheir.
Juliane von Westerholt, MHBC Planning, addressed Council in support of the
subject applications and outlined the issued identified at the Planning and
Strategic Initiatives Committee and revisions to the applications made, as
applicable, including the existing brick fence, revised building height, revised site
plan, setbacks, and rental replacement provisions proposed to be provided to
existing tenants. J. von Westerholt then responded to questions from Council
regarding the natural lighting of basement units, tree preservation, waste
management turning circles, reduced ceiling heights, proposed property fencing
and parking requirements.
Mayor B. Vrbanovic left the meeting at this time and Councillor S. Davey
assumed the Chair.
Mayor B. Vrbanovic returned to the meeting at this time and assumed the Chair.
Melanie Cameron, addressed Council regarding repurposing the parcel at 136
Brentwood Drive for a laneway highlighting sanitary and stormwater
requirements of the application, fire access to the site, parking on the proposed
laneway, sloping of the proposed laneway and shadow impacts reporting
concerns with the arborists study and noise study.
Andy Kheir, delegated in opposition to the subject applications, referencing the
Residential Intensification in Established Neighbourhoods Study (RIENS) report
stating in their opinion the development is not compatible with the existing
neighbourhood and is not required to address what is commonly referred to as
the "missing middle" housing need, indicating the adequacy of townhouse stock
currently available for sale within the City. A. Kheir expressed further concern
with the parking requirements, lack of amenity and green space, and impacts to
mature trees.
Dennis Gibson, addressed Council in opposition to the proposed application
noting concerns with the proposed laneway for fire access purposes.
Members of Council asked questions of staff regarding servicing access through
Brentwood Drive due to the elevation of Jackson Avenue, requirements for
secondary access for emergency services, definitions of mid -rise and floor space
ratio and grading, natural lighting requirements, revised planning instruments,
use of the proposed laneway for waste receptacles, missing middle definition,
requirements for amenity space, recourse should council refuse the application,
and received responses from B. Bateman and G. Stevenson.
Councillor P. Singh left the meeting and returned to the meeting at this time.
Moved by Councillor S. Stretch
Seconded by Councillor J. Deneault
"That Official Plan Amendment Application OPA24/002/J/BB for
1000190771 ONTARIO INC. for the properties municipally addressed as
135-161 Jackson Avenue and 136 Brentwood Avenue be adopted, in the
form shown in the Official Plan Amendment attached to Development
Services Department Report DSD -2024-061 as Attachment `A, and as
amended at the Council meeting on April 29, 2024, and accordingly
forwarded to the Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA24/002/J/BB requesting
to amend Zoning By-law 2019-051, for 1000190771 ONTARIO INC. for
the properties municipally addressed as 135-161 Jackson Avenue and
136 Brentwood Avenue be approved in the form shown in the Proposed
`Proposed By-law', and `Map No. 1' attached to Development Services
Department Report DSD -2024-061 as Attachment `B'; and as amended at
the Council meeting on April 29, 2024 and further;
M
That the Urban Design Brief, prepared by MacNaughton Hermsen Britton
Clarkson Planning Limited (MHBC), attached to Development Services
Department report DSD -2024-061 as Attachment `C', be adopted, and that
staff be directed to apply the Urban Design Brief through the Site Plan
Approval process; and further,
That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 13,
as amended, further notice is not required to be given in respect to Zoning
By-law Amendment ZBA24/002/J/BB.
In Favour (6): Mayor B. Vrbanovic, Councillor S.
Davey, Councillor J. Deneault, Councillor A.
Owodunni, Councillor P. Singh, and Councillor M.
Johnston
Contra (3): Councillor C. Michaud, Councillor D.
Chapman, and Councillor S. Stretch
Carried, as amended, on a recorded vote (6 to 3)
7. REPORTS OF COMMITTEES
7.1 FINANCE AND CORPORATE SERVICES COMMITTEE -APRIL 22, 2024
Moved by Councillor S. Davey
Seconded by Councillor M. Johnston
"That the report of the Finance and Corporate Services Committee, dated
April 22, 2024, listed as items 7.1.a to 7.1.d on the agenda this date, be
adopted."
Carried
7.1.a 2024 Natural Gas Supply Rate Change 1 - INS -2024-168
"That the supply component of the natural gas rate be decreased to 11.63
cents per cubic meter from 16.70 cents per cubic meter for system gas
customers of Kitchener Utilities effective May 1, 2024, as outlined
Infrastructure Services Committee report INS -2024-168; 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
G
7.1.b Charles Street Terminal -Memorandum of Understanding with the Region of
Waterloo - DSD -2024-144
"That the General Manager of Development Services be authorized to
enter into a Memorandum of Understanding with the Region of Waterloo
pertaining to the pre -development work on the Charles Street Terminal
lands, including any additional approvals/documents required to facilitate
the pre -development work, as described in Development Services
Department report DSD -2024-144, where said documentation shall be to
the satisfaction of the City Solicitor; and,
That said documentation shall outline that the Region of Waterloo shall
carry the costs of pre -development works for the Charles Street Terminal
Project and the City shall reimburse the Region of Waterloo for its' share
of pre -development work costs, as follows:
o Should the City's lands be sold as part of the redevelopment of the
Charles Street Terminal lands, the City's share shall be deducted from
the value of the land sales; or,
o Should the City's lands not be sold as part of the redevelopment of the
Charles Street Terminal lands, the City shall identify an alternate
funding source, such as the Economic Development Reserve."
Carried
7.1.c Outcomes of Accelerating Commercial Business Approvals Review - DSD -2024-
159
"That the use of Building Enterprise funds to: (1) pilot a Project Manager
for an 18 -month staff secondment position and (2) support the
implementation of initial improvements for the 'Accelerating Commercial
Business Approvals' Strategic Plan project, including supporting a portion
of the cost to develop a roadmap/handbook for business owners be
endorsed as outlined in Development Services Department report DSD -
2024 -159; and further,
That the remaining funding in the Development Services Review capital
budget be reallocated to support initial improvements for the 'Accelerating
Commercial Business Approvals' Strategic Plan project as outlined in
Development Services Department report DSD -2024-159."
Carried
n.
7.1.d Communitech Partnership - DSD -2024-145
"That the Mayor and Clerk be authorized to execute a Partnership
Agreement with Communitech as outlined in Development Services
Department report DSD -2024-145, subject to review by the City Solicitor;
and,
That the partnership include an allocation of office space within
Communitech for a City of Kitchener, Economic Development Division
Staff, to facilitate the provision of support and resources to Communitech
members related to conducting business in Kitchener; and,
That the partnership with Communitech include collaboration with the City
of Kitchener's Downtown Development Staff, having an objective to
develop a more vibrant downtown Kitchener by growing the use of
business spaces in downtown Kitchener; and,
That $500,000 from the Economic Development Investment Fund 2.0 be
allocated in each of the 2024 and 2025 budget years to Communitech for
programming outlined in Development Services Department report DSD -
2024 -145; and further,
That the General Manager of Development Services be authorized to
extend funding to Communitech for each of the 2026 and 2027 budget
years, subject to the following:
i. the availability of funding within the Economic Development
Investment Fund 2.0, as outlined in Development Services Department
report DSD -2024-145;
ii. Communitech's adherence to the goals outlined in Development
Services Department report DSD -2024-145; and,
iii. Staff's determination that the needs articulated in Development
Services Department report DSD -2024-145 remain relevant."
Carried
7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -APRIL 22,
2024
Due to the previously declared conflict, it was noted item 7.2.c Not For Profit
Affordable Rental and Co-op Housing Incentive (Pilot), DSD -2024-143, would
need to be voted on separately.
7
Item 7.2.c was then voted on and was Carried.
The balance of the report was then voted on and was Carried.
Moved by Councillor M. Johnston
Seconded by Councillor J. Deneault
"That the report of the Community and Infrastructure Services Committee,
dated April 22, 2024, listed as items 7.2.a to 7.2.e on the agenda this date,
be adopted."
Carried
7.2.a Dumfries Avenue Formal Traffic Calming Review, DSD -2024-122
"That staff be directed to implement the proposed traffic calming plan as
outlined in Attachment `A (Dumfries Avenue — Proposed Traffic Calming
Plan) of Development Services Department report DSD -2024-122."
Carried
7.2.b Noise Exemption - Greek Food Festival - 527 Bridgeport Road, CSD -2024-136
"That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to the Greek Orthodox Community of Saints
Peter and Paul Kitchener -Waterloo & District for their Annual Greek Food
Festival at 527 Bridgeport Road, to be held on June 8, 2023, from 12 p.m.
— 11 p.m. and June 9, 2024, from 12 p.m. — 10 p.m., as outlined in
Community Services Department report CSD -2024-136."
Carried
7.2.c Not For Profit Affordable Rental and Co-op Housing Incentive (Pilot), DSD -2024-
143
Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud
declared a conflict with regards to Not For Profit Affordable Rental and Co-op
Housing Incentive (Pilot), DSD -2024-143, due to her place of employment, and
she did not participate in any voting or discussion on the matter.)
"That a new Council Policy regarding Not For Profit Affordable Rental &
Co-operative Housing Incentives (Pilot), attached to Development
Services Department report DSD -2024-143 as Appendix `A, be approved;
and,
That the reallocation of Affordable Housing Reserve funds, to be used
towards the Not For Profit Affordable Rental & Co-operative Housing
Incentives (Pilot), be approved; as outlined in the Development Services
Department report DSD -2024-143; and,
That the General Manager of Development Services or their designate be
authorized to execute all agreements and other related documentation,
subject to the satisfaction of the City Solicitor, which may be required to
administer the Not -For -Profit Affordable Rental & Co-op Housing
Incentives (Pilot); and,
That financial review and analysis be incorporated into the funding
eligibility criteria in efforts to confirm the viability of organizations'
proposed affordable housing projects and their ability to obtain a building
permit; and further,
That staff be directed to consider the creation of a mentorship program for
not-for-profit organizations, to shadow the development process of the
selected organizations participating in the Not For Profit Affordable Rental
& Co-operative Housing Incentives (Pilot)."
Carried
7.2.d Rockway Centre Redevelopment Update, CSD -2024-191
"That staff proceed with the three phased Rockway Centre
Redevelopment Strategy as outlined in Community Services Department
report CSD -2024-191."
Carried
7.2.e Rosenberg Area Community Centre - Construction Update, CSD -2024-156
"That the total budget for the City's new Community Centre in the
Rosenberg area, which will be built jointly with the Waterloo Region
Catholic District School Board, be approved at $8,125,000 and be funded
fully through development charge revenue; and further,
That the new Community Centre be named The Williamsburg Community
Centre as outlined in the Community Services Department report CSD-
Me]
SD-
f e]OZ,I a RIO II
Carried
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7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -APRIL 22, 2024
Councillor S. Davey requested item 7.3.c related to Official Plan Amendment
Application OPA24/003/L/AP, Zoning By-law Amendment Application
ZBA24/003/L/AP, 15 Laurentian Drive, Kitchener Waterloo Christian School
Society, DSD -2024-092 be voted on separately.
Councillor M. Johnston left the meeting at this time.
Item 7.3.c related to Official Plan Amendment Application OPA24/003/L/AP,
Zoning By-law Amendment Application ZBA24/003/L/AP, 15 Laurentian Drive,
Kitchener Waterloo Christian School Society, DSD -2024-092 was then voted on
and was Carried.
The balance of the report was then voted on and was Carried.
Moved by Councillor P. Singh
Seconded by Councillor D. Chapman
"That the report of the Planning and Strategic Initiatives Committee, dated
April 22, 2024, listed as items 7.3.a to 7.3.c on the agenda this date, be
adopted."
Carried
7.3.a Private Street Naming — 130 Otterbein Road, DSD -2024-180
"That the City of Kitchener acknowledge MacNaughton Hermsen Britton
Clarkson Planning Limited (MHBC) intends to name a private street:
"Otterbein Crescent" within a multiple residential development located at
130 Otterbein Road, as outlined in Development Services Department
report DSD -2024-180; 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 "Otterbein Crescent", as outlined in Development
Services Department report DSD -2024-180."
Carried
7.3.b Corporate Climate Action Plan (CorCAP) 2.0 Pivot: Net -Zero, DSD -2024-074
"That the 2023 City of Kitchener Corporate greenhouse gas (GHG)
emissions inventory update be received for information; and,
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That the City of Kitchener Council endorse a corporate 2050 net -zero
target; and,
That the second -generation Corporate Climate Action Plan (CorCAP) 2.0
Pivot. Net -Zero, attached to Development Services Department report
DSD -2024-074 as Attachment 'A' be endorsed, and further,
That the Corporate Climate Action Plan (CorCAP) 2.0 Pivot. Net -Zero,
attached to Development Services Department report DSD -2024-074 as
Attachment 'A', be submitted to the Federation of Canadian Municipalities,
Partners for Climate Protection Program in support of renewed Milestones
1 -3.11
Carried
7.3.c Official Plan Amendment Application OPA24/003/L/AP, Zoning By-law
Amendment Application ZBA24/003/L/AP, 15 Laurentian Drive, Kitchener
Waterloo Christian School Society, DSD -2024-092
"That Official Plan Amendment Application OPA24/003/L/AP for Kitchener
Waterloo Christian School Society, for the property municipally addressed
as 15 Laurentian Drive be adopted, in the form shown in the Official Plan
Amendment attached to Development Services Department report DSD -
2024 -092 as Attachment 'A and, accordingly, forwarded to the Regional
Municipality of Waterloo for approval; and further,
That Zoning By-law Amendment Application ZBA24/003/L/AP for
Kitchener Waterloo Christian School Society for the property municipally
addressed as 15 Laurentian Drive, be approved in the form shown in the
Proposed By-law and Map No. 1, attached to Development Services
Department report DSD -2024-092 as Attachment 'B'."
Carried
8. UNFINISHED BUSINESS
8.1 Official Plan Amendment Application OPA24/002/J/BB, Zoning By-law
Amendment Application ZBA24/002/JBB, 135-161 Jackson Avenue and 135
Brentwood Avenue, Sanjiv Shukla (1000190771 ONTARIO INC.), DSD -2024-
061
Carried, as amended, under Delegations
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9. NEW BUSINESS
9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC
None.
10. QUESTIONS AND ANSWERS
None.
11. BY-LAWS
At the request of A. Fusco, City Clerk, now that the Reports of the Committees
have been formally approved, it was agreed to formally add the By-laws listed on
the agenda under the heading of Late Starters to the agenda for Council's
consideration.
11.1 1ST AND 2ND READING
Councillor D. Chapman requested the By-laws associated with Official Plan
Amendment Application OPA24/002/J/BB, Zoning By-law Amendment Application
ZBA24/002/JBB, 135-161 Jackson Avenue and 135 Brentwood Avenue, Sanjiv
Shukla (1000190771 ONTARIO INC.), DSD -2024-061 be voted on separately.
The By-laws associated with Official Plan Amendment Application
OPA24/002/J/BB and Zoning By-law Amendment Application ZBA24/002/JBB,
135-161 Jackson Avenue and 135 Brentwood Avenue were then voted on and
were Carried.
The balance of the By-laws were then voted on and were Carried.
Moved by Councillor A. Owodunni
Seconded by Councillor C. Michaud
"That leave be given the Mover and Seconder to introduce the following
by-laws, namely:
Carried
11.1.a To further amend By-law No. 2019-113, being a by-law to regulate traffic
and parking on highways under the jurisdiction of the Corporation of the
City of Kitchener.
11.1.b To further amend By-law No. 88-169, being a by-law to regulate, supervise
and govern the parking of vehicles on municipal off-street parking facilities
(Schedule B).
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11.1.c To further amend By-law No. 88-169, being a by-law to regulate, supervise
and govern the parking of vehicles on municipal off-street parking facilities
(Schedule C).
11.1.d Being a by-law to set and levy the rates of taxation for City purposes for
the year 2024 and to provide for the payment of taxes after interim taxes.
11.1.e To further amend By-law No. 2008-117, being a by-law to authorize certain
on -street and off-street parking of vehicles for use by persons with a
disability, and the issuing of permits in respect thereof.
11.1.f 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.g To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
11.1.h Being a by-law to amend Chapter 599 of the City of Kitchener Municipal
Code with respect to Licensing and Regulation of Businesses.
11.1.1 Being a by-law to adopt Amendment No. 54 to the Official Plan - 15
Laurentian Drive.
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 - Kitchener Waterloo Christian
School Society — 15 Laurentian Drive.
11.1.k Being a by-law to adopt Amendment No. 53 to the Official Plan - 135, 139,
147, 153 and 161 Jackson Avenue and 136 Brentwood Avenue.
11.1.1 Being a by-law to amend By-law No. 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener — 135, 139, 147, 153 and 161
Jackson Avenue, and 136 Brentwood Avenue.
11.1.mBeing a by-law to delegate authority to adjust property taxes pursuant to
Sections 354, 357, 358, 359 of the Municipal Act to Staff.
11.1.n Being a by-law to exempt certain lots from Part Lot Control — Part Lots 16
or 15 and Part Lots 17 and 18, South Side of King Street, Registered Plan
364 and Part Lot 19, South Side of King Street, Registered Plan 365 — 387
and 397 King Street East.
11.1.o To confirm all actions and proceedings of the Council for April 29, 2024.
Carried
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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 Applications for Cancellation, Refund, Reduction of Taxes - FIN -2024-161
Moved by Mayor B. Vrbanovic
it was resolved:
"That the applications to City Council for write-off, cancellation, reduction,
or refund of taxes totalling $148,189.02 as attached to Financial Services
Department report FIN -2024-161, be approved, pursuant to Sections 354
and 357 of the Municipal Act, S. O. 2001, c. 25 ("the Act')."
Carried
12.1.b Delegated Authority for Property Tax Adjustments, FIN -2024-190
Moved by Mayor B. Vrbanovic
it was resolved:
"That the By-law attached to Financial Services Department report FIN -
2024 -190 to delegate authority to adjust property taxes pursuant to
Sections 354, 357, 358 and 359 of the Municipal Act, 2001, S.O. 2001,
c.25, to staff, be approved and presented to Council for enactment."
Carried
12.1.c Downtown Kitchener BIA and Belmont BIA 2024 Budgets Referenced in the 2024
Tax Rate By-law, FIN -2024-196
Moved by Mayor B. Vrbanovic
it was resolved:
"That the 2024 Budgets for the Downtown Kitchener Business
Improvement Area (BIA) and the Belmont Business Improvement Area
(BIA) be approved pursuant to Section 205 (2) of the Municipal Act, 2001,
as outlined in Financial Services Department report FIN -2024-196."
Carried
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12.1.d Part Lot Control Exemption — PLC24/001/K/TS, 387 & 397 King Street East,
2296093 Ontario Inc., DSD -2024-209
Councillor P. Singh declared a conflict on this item. (Councillor P. Singh declared
a conflict with regards to item 12.1.d. Part Lot Control Exemption —
PLC24/001/K/TS, 387 & 397 King Street East, 2296093 Ontario Inc., DSD -2024-
209, including the associated By-laws included on the agenda for three readings,
as he has family that owns property within the vicinity, and he did not participate
in any voting or discussion on the matter.)
Moved by Mayor B. Vrbanovic
it was resolved:
"That the City of Kitchener, grant approval to Part Lot Control Exemption
Bylaw PLC24/001/K/TS for 387 &397 King Street East to exempt certain
lots from Part Lot Control - Part of Lots 16 or 15 (Hueglin) & Part of Lots
17 (B. Moogk) & 18, South Side of King Street, Registered Plan 364, Part
of Lot 19, South Site of King Street, Registered Plan 365, as outlined in
Development Services Department report DSD -2024-209; and further,
That the City Solicitor be authorized to execute and register an agreement
with the Owner pursuant to Section 118 of the Land Titles Act in relation to
the property legally described as Part of Lots 16 or 15 (Hueglin) & Part of
Lots 17 (B. Moogk) & 18, South Side of King Street, Registered Plan 364,
Part of Lot 19, South Site of King Street, Registered Plan 365."
Carried
12.2 MATTERS ARISING FROM IN -CAMERA MEETING -APRIL 8, 2024
12.2.a Affordable Housing Opportunity (Land Disposition - Section 239 (2) (c))
Councillor M. Johnston returned to the meeting at this time.
Moved by Mayor B. Vrbanovic
it was resolved:
"That the Chief Administrative Officer (CAO) be authorized to execute
such documentation necessary to affect the severance of a portion City -
owned lands located at 1035 Ottawa Street North, and to declare such
severed lands as surplus to the City's needs; and,
That the CAO be authorized to approve the disposition of such severed
lands in the form of a donation to Habitat for Humanity Waterloo Region
15
Inc., including executing any documentation, satisfactory to the City
Solicitor, required to facilitate such transfer, including without limitation,
agreements or other documentation required to secure affordable housing
units as discussed in the April 8, 2024 in camera meeting of Council, to
retain a right of first refusal and/or option to repurchase such severed
lands (or any portion thereof, including, without limitation, future
condominium units), and to transfer any easement interests in land
required; and further,
That the Mayor and Clerk be authorized to execute the necessary
documentation to affect any such approved transactions, said
documentation to be to the satisfaction of the City Solicitor."
Carried
12.3 MATTERS ARISING FROM IN -CAMERA MEETING -APRIL 29, 2024
12.3.a Municipal Land Acquisition Strategy - Sanitary and Stormwater Utility (Land
Acquisition Section 239 (2) (c)), COR -2024-211
Moved by Councillor M. Johnston
"That the Chief Administrative Officer be authorized to approve and
execute agreements pertaining to the properties discussed in the April 29,
2024 closed meeting of Council."
Carried
12.3.b Ontario Land Tribunal Settlement Direction (Solicitor Client Privilege and
Potential Litigation Section 239 (2) (f) and (e)), DSD -2024-206
Moved by Councillor J. Deneault
"That the City Solicitor be authorized to settle the Ontario Land Tribunal
(OLT) appeal pertaining to 2219 Ottawa Street South and 808 Trussler
Road, Kitchener in accordance with the direction given in -camera on April
29, 2024, including, if necessary, that the General Manager of
Development Services be authorized Minutes of Settlement."
13. REPORT OF THE COMMITTEE OF THE WHOLE
On motion, Council rose from the Committee of the Whole.
Carried
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Moved by Councillor A. Owodunni
Seconded by Councillor S. Stretch
"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 M. Johnston
Seconded by Councillor J. Deneault
"That the by-laws be given third reading, namely:
14.1.a To further amend By-law No. 2019-113, being a by-law to regulate traffic
and parking on highways under the jurisdiction of the Corporation of the
City of Kitchener.
(By-law 2024-088)
14.1.b To further amend By-law No. 88-169, being a by-law to regulate, supervise
and govern the parking of vehicles on municipal off-street parking facilities
(Schedule B).
(By-law 2024-089)
14.1.c To further amend By-law No. 88-169, being a by-law to regulate, supervise
and govern the parking of vehicles on municipal off-street parking facilities
(Schedule C).
(By-law 2024-090)
14.1.d Being a by-law to set and levy the rates of taxation for City purposes for
the year 2024 and to provide for the payment of taxes after interim taxes.
(By-law 2024-091)
14.1.e To further amend By-law No. 2008-117, being a by-law to authorize certain
on -street and off-street parking of vehicles for use by persons with a
disability, and the issuing of permits in respect thereof.
(By-law 2024-092)
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14.1.f 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 2024-093)
14.1.g To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
(By-law 2024-094)
14.1.h Being a by-law to amend Chapter 599 of the City of Kitchener Municipal
Code with respect to Licensing and Regulation of Businesses.
(By-law 2024-095)
14.1.1 Being a by-law to adopt Amendment No. 54 to the Official Plan - 15
Laurentian Drive.
(By-law 2024-096)
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 - Kitchener Waterloo Christian
School Society — 15 Laurentian Drive.
(By-law 2024-097)
14.1.k Being a by-law to adopt Amendment No. 53 to the Official Plan - 135, 139,
147, 153 and 161 Jackson Avenue and 136 Brentwood Avenue.
(By-law 2024-098)
14.1.1 Being a by-law to amend By-law No. 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener — 135, 139, 147, 153 and 161
Jackson Avenue, and 136 Brentwood Avenue.
(By-law 2024-099)
14.1.m Being a by-law to delegate authority to adjust property taxes pursuant to
Sections 354, 357, 358, 359 of the Municipal Act to Staff.
(By-law 2024-100)
14.1.n Being a by-law to exempt certain lots from Part Lot Control — Part Lots 16
or 15 and Part Lots 17 and 18, South Side of King Street, Registered Plan
364 and Part Lot 19, South Side of King Street, Registered Plan 365 — 387
and 397 King Street East.
(By-law 2024-101)
15. ADJOURNMENT
On motion, the meeting adjourned at 9;1 p.m.
m �
Mayor Clerk
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