Council Meeting Minutes

Monday, April 29, 2024 at 7:00 P.m. - 10:00 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. Ioannidis

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 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;

  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 P. Singh, Councillor M. Johnston, Councillor A. Owodunni, and Councillor J. Deneault
  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

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:

  • • 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,
    • 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

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:

  1. 1. the availability of funding within the Economic Development Investment Fund 2.0, as outlined in Development Services Department report DSD-2024-145;
     2. Communitech’s adherence to the goals outlined in Development Services Department report DSD-2024-145; and,
     3. 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.

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-2024-156."

  Carried

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,

  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."

  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

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).

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.i

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.l

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.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.

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

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

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 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.”

  Carried

13.

REPORT OF THE COMMITTEE OF THE WHOLE

On motion, Council rose from the Committee of the Whole.

• Moved by Councillor A. Owodunni
  Seconded by Councillor 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)

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.i

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.l

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)

14.1.o

To confirm all actions and proceedings of the Council for April 29, 2024.

(By-law 2024-102)

Carried

15.

ADJOURNMENT

On motion, the meeting adjourned at 9:18 p.m.