Council Meeting Agenda

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Electronic Meeting

People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at [email protected]. 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

 

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The meeting will begin with a Land Acknowledgement given by the Mayor and the singing of “O Canada.”

For direct access to the meeting livestream, please visit the following link: https://youtube.com/live/uY37goU6Qw0?feature=share

Minutes to be accepted as circulated to the Mayor and Councillors (regular meeting held June 24, 2024, and special meetings held June 24, July 15 and August 12, 2024) - Councillor J. Deneault.

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.

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 August 26, 2024, in order to participate electronically.

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

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.

"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"

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.

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.

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.

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.

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.

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.

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.

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.

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 accordance with the supporting information submitted with this application, as outlined in Development Services Department report, DSD-2024-324.

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.

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.

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.

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 11am and 10pm, as outlined in Community Services Department report CSD-2024-296.

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 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.

"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."

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.

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 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”.

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 the conditions as outlined in Appendix ‘A" of Development Services Department report, DSD-2024-318.

Note: An addendum report, Development Services Department report DSD-2024-379 has been included on the agenda this date, related to this matter.

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”.

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 Drive, in the City of Kitchener, subject to the conditions as outlined in Attachment ‘A’ of Development Services Department report, 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, 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 the conditions as outlined in Appendix ‘A’ of Development Services Department report, DSD-2024-328.

Note: An addendum report, Development Services Department report DSD-2024-379 has been included on the agenda this date, related to this matter.

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.

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’.

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’.

Note: A Notice of Motion was brought forward by Councillor D. Chapman at the June 24, 2024 Council meeting, which was deferred to the Special Council meeting on August 12, 2024 and rescheduled for the meeting this date; to allow additional time to confirm the preferred direction. The Notice of Motion from Councillor D. Chapman related to Renoviction Legislation has since been revised and is included on the agenda for Council consideration this date. 

Councillor D. Chapman has given notice to introduce the following motion for consideration this date: 

"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 N13 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;
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 N13 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.”

Councillor M. Johnston has given notice to introduce the following motion for consideration this date:

"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;

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."

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