Council Meeting Minutes

Monday, August 28, 2023 at 12:00 P.m. - 3:30 P.m.

Council Chambers - Hybrid

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• Mayor B. Vrbanovic
• Councillor S. Davey
• Councillor D. Schnider
• Councillor J. Deneault
• Councillor C. Michaud
• Councillor A. Owodunni
• Councillor P. Singh
• Councillor B. Ioannidis
• Councillor D. Chapman
• Councillor A. Clancy

Absent:

• Councillor M. Johnston

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
• L. MacDonald, City Solicitor
• G. MacNeil, Director, Enforcement
• A. McCrimmon-Jones, Manager, Transportation Safety & Policy
• D. Saunderson, Deputy Clerk
• M. Mills, Committee Administrator

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1.

COMMENCEMENT

The meeting began at 12:44 p.m. 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 June 26, 2023 and special meetings held June 23, 29, and August 14, 2023, as mailed to the Mayor and Councillors, were accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

3.1

Mayor B. Vrbanovic - Noise Exemption - Highway 8 from Franklin Street to Highway 7-8 Interchange, DSD-2023-387, DSD-2023-387

4.

COMMUNICATIONS REFERRED TO FILE

4.1

Flag Request Under Policy MUN-FAC-442

4.1.a

Consulate General of the Republic of Indonesia - August 26, 2023

4.1.b

PKD Foundation of Canada - September 1, 2023

5.

PRESENTATIONS

5.1

Certificates of Achievement

D. Chapman, Chief Administrative Officer and Mayor B. Vrbanovic recognized Justin Readman, General Manager, Development Services for 10 years of service with the City of Kitchener.

5.2

Age-Friendly Kitchener Action Plan - Status Update

5.2.a

Diane Kilby and Kathy Doherty-Masters, Mayor's Advisory Council for Kitchener Seniors (MACKS)

Diane Kilby and Kathy Doherty-Masters, Mayor's Advisory Council for Kitchener Seniors (MACKS), were in attendance to provide a 2023 update on the Age Friendly Kitchener Action Plan, including a highlight of what an age-friendly community is and an overview of Kitchener 55+ population. The update included a summary of the four Age-friendly priorities, including: Accessible & Affordable Neighbourhoods; Access to Information; Belonging and Connections and Wellbeing and within those priorities 19 initiatives were developed and endorsed by Council in 2017. D. Kilby and K. Doherty-Masters indicated the Age-friendly Kitchener Action Plan was developed through a one-time $50,000 Age-friendly Community Grant from the Government of Ontario, next steps include but are not limited to: continuing to expand programs; development of a resource plan and continuing staff and volunteer participation will be achieved through existing resources, any additional grant opportunities, and community partnerships. LoriAnn Palubeski, Manager Program & Resource Services and Bethany Pearce, Supervisor Older Adults Services were also in attendance to respond to questions from Council.

6.

DELEGATIONS

6.1

Blue Community

6.1.a

Robyn Hamlyn

It was noted Robyn Hamlyn was not able to be attendance this date.

6.2

Zoning By-law Amendment Application ZBA23/015/Q/ES, 1154 Queen's Boulevard, Sunset Hills Estates Corp., DSD-2023-323, listed as Item 7.3.d.

Council considered Zoning By-law Amendment Application ZBA23/015/Q/ES, 1154 Queen's Boulevard, Sunset Hills Estates Corp., DSD-2023-323, listed as Item 7.3.d on the agenda this date. 

Councillor P. Singh left the meeting at this time.

Brock Linklater, Dryden Smith and Head, was in attendance in support of the subject application.

• Moved by Councillor D. Chapman
  Seconded by Councillor A. Owodunni

  "That Zoning By-law Amendment Application ZBA23/015/Q/ES requesting to amend Zoning By-law 2019-051, for Sunset Hills Estates Corp., for the property municipally addressed as 1154 Queen's Boulevard, be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’ attached to Development Services Department report DSD-2023-323 as Attachments ‘A1’ and ‘A2’; and further,

  That in accordance with Planning Act Section 45 (1.3 and 1.4), applications for Minor Variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA23/015/Q/ES."

  Carried

6.3

Speed Limit Review - School Zones and Bingemans Centre Drive, DSD-2023-286, listed as Item 7.3.e

Councillor P. Singh re-entered the meeting at this time.

Council considered Speed Limit Review - School Zones and Bingemans Centre Drive, DSD-2023-286 and follow up report DSD-2023-371, listed as item 7.3.e. on the agenda this date. It was noted there was an addendum report included on this matter in the agenda this date for Council's consideration.

Melissa Bauman addressed Council in opposition to any speed limit changes to the existing school zone speed limits.  M. Bauman indicated Council has worked diligently to approve strategies such as Vision Zero, Complete Streets, Pedestrian First Streets, the Downtown Cycling Grid and the declaration of a climate emergency. M. Bauman stated any changes to the existing speed restrictions in school zones would be contrary to those approvals and potentially increase safety concerns within these areas.

It was noted further consideration of this matter would be addressed during the consideration of the Planning and Strategic Initiatives Committee report.

6.4

Kitchener's Responsible Dog Ownership By-law

Caitlin Leandres requested an exemption from the Responsible Dog Ownership By-law to allow her to have her two services dogs off leash within the City, which is restricted by the By-law. C. Leandres advised Council that she has two service dogs, which allow her to live a more independent life, who require training and exercise that cannot be achieved at off-leash dog parks due to the risks of potential harmful interactions with other does, or exposure to disease. C. Leandres stated in order for her to live more independently, she does take her dogs to most locations, some of those locations will require the dogs to be in a down stay position while she needs to go to another space, which is currently prohibited by the By-law as the dog is then considered unattended or off-leash. C. Leandres stated she does not want to be penalized for having verbal control of her dogs, rather than physical control which is the requirement of the By-law.  C. Leandres further advised she takes great effort to ensure her dogs are safe and fully trained, they pose no impacts to society.

In response to questions, Gloria MacNeil stated staff had spoken with C. Leandres and the By-law does not provide opportunities for exemptions. The existing regulations are intended to provide a balanced approach to all users as not all residents are comfortable with dogs regardless of their behaviour. G. MacNeil noted that staff have provided C. Leandres various suggestions for exercising her dogs that she has not deemed adequate, but do not feel it would be appropriate to support an exemption to the By-law to address the concerns that have been raised. G. MacNeil advised the only municipality within close proximity to the City that allows of an off-leash provision is the City of Guelph. G. McNeil advised Guelph does offer some off-leash options for dog owners but has experienced issues at times with the regulation, as their By-law allows users to be in empty parks with their dog until other residents attend the space, at which then the dog is supposed to be leashed. G. MacNeil indicated Guelph's approach does lead to complications and complaints. 

7.

REPORTS OF COMMITTEES

7.1

HERITAGE KITCHENER - AUGUST 1, 2023

• Moved by Councillor D. Chapman
  Seconded by Councillor C. Michaud

  "That the report of Heritage Kitchener, dated August 1, 2023, listed as item 7.1.a on the agenda this date, be adopted."

7.1.a

Notice of Intention to Designate 64 Water Street North under Part IV of the Ontario Heritage Act, DSD-2023-317

• "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 64 Water Street North as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-317."

  Carried

7.2

FINANCE AND CORPORATE SERVICES COMMITTEE - AUGUST 14, 2023

• Moved by Councillor S. Davey
  Seconded by Councillor B. Ioannidis

  "That the report of the Finance and Corporate Services Committee, dated August 14, 2023, listed as items 7.2.a to 7.2.i on the agenda this date, be adopted."

7.2.a

Approval of Terms of Reference - Committee of Adjustment and Property Standards Appeal Committee, COR-2023-320

• "That the Terms of Reference for the Committee of Adjustment attached as Appendix ‘A’ to Corporate Services Department report COR-2023-320 be approved; and,

  That the Terms of Reference for the Property Standards Appeal Committee attached as Appendix ‘B’ to Corporate Services Department report COR-2023-320 be approved; and further,

  That the Clerk be directed to include the approved Terms of References into the City’s Policy manual and number them sequentially as per the existing number sequence."

  Carried

7.2.b

Appointments to Business Improvement Areas & Amendment to Establishing By-law, COR-2023-332

• "That Council confirm the following appointments to the Belmont Business Improvement Area (BIA) Board of Management for a term to expire on November 14, 2026 or upon appointment of their successors, as outlined in Corporate Services Department report COR-2023-332;

  • George Broughton
  • Linda Nelson
  • Margaret Tofflemire
  • Valeria Rigler
  • J D Zehr
  • Noelle English

  That Council confirm the following appointments to the Downtown Business Improvement Area (BIA) Board of Management for a term to expire on November 14, 2026 or upon appointment of their successors;

  • Darryl Moore
  • Phong Tran
  • Cara Watson
  • Jessica Toomer
  • Jordan Dolson
  • Julie Phillips
  • Laird Robertson
  • Martha Wallace
  • Michael Rederer
  • Sarah Pearson

  That Chapter 70 of the Municipal Code be amended to reflect the request of the Downtown Business Improvement Area Board of Management to clarify the number of Directors to be elected, in accordance with the by-law in Appendix B."

  Carried

7.2.c

Noise Exemption - Holy Trinity Serbian Church - 700 Fischer Hallman Road - Sept 2 and 3, 2023, CSD-2023-296

• "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 BBQ and Bull Roast to be held on September 2 and 3, 2023, between the hours of 11 a.m. and 10 p.m., as outlined in Community Services Department report CSD-2023-296."

  Carried

7.2.d

Noise Exemption - The Falls Road Pub - 296 Victoria Street North, CSD-2023-297

• "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Falls Road Pub for their end of season Bike Night, being held at 296 Victoria St North on September 19, 2023, as outlined in Community Services Department report CSD-2023-297."

  Carried

7.2.e

Noise Exemption - K-W Oktoberfest Inc. - Various Locations - September 22 through October 14, 2023, CSD-2023-169

• "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K-W Oktoberfest Inc. for a series of events being held at various clubs between September 22 through October 14, 2023, as outlined in the letter from K-W Oktoberfest Inc., dated May 16, 2023 attached to Community Services Department report CSD-2023-169."

  Carried

7.2.f

Noise Exemption - Burning House Music Festival - Bingemans - September 16, 2023, CSD-2023-333

• "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sigma Chi Fraternity for Burning House Music Festival event being held at 425 Bingeman Centre Drive on September 16, 2023 from 4 p.m. – 11 p.m., as outlined in Community Services Department report CSD-2023-333, subject to the following conditions, which, if not complied with, will render the noise exemption null and void:

  1. There shall be no offensive language, in the opinion of City staff, generated from the music events, audible in any adjacent residential neighbourhood. The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event(s);
  2. The event organizer will be responsible for the cost of a pay-duty Noise Officer, to be assigned specifically to these event(s);
  3. The event organizers agree to respond accordingly to requests from City staff, during the event(s), in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas; and
  4. The maximum decibel level (dba) audible from a residential area shall not exceed 55 dba.
  5. All events must end no later than 11 p.m."
  Carried

7.2.g

2023-2026 Strategic Plan Development - Proposed Strategic Plan Content, CAO-2023-337

• "That the initial set of Actions for the City of Kitchener 2023-2026 Strategic Plan as contained in Appendix 'C' to Chief Administrator's Office report CAO 2023-337 be approved."

  Carried

7.2.h

Collaboration Space in the UW Innovation Arena, DSD-2023-328

• "That up to $450,000 from the Economic Development Investment Fund 2.0 (EDIF 2.0) be allocated to support the completion of leasehold improvements for the City of Kitchener’s space to be located at 280 Joseph St West, Kitchener Ontario; and,

  That the annual operating costs for Common Area Maintenance fees, estimated at $17,500, be referred to the 2024 budget process; and further,

  That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, subject to the satisfaction of the City Solicitor, including the execution of a lease agreement, in accordance with Development Services Department report DSD-2023-328."

  Carried

7.2.i

2023/2024 Natural Gas Rates, INS-2023-334

• "That the supply component of the natural gas rate be decreased to 16.70 cents per cubic meter from 20.85 cents per cubic meter for system gas customers of Kitchener Utilities effective November 1, 2023; and,

  That Kitchener Utilities’ natural gas variable and fixed delivery rates be approved as proposed in Infrastructure Services Department report INS-2023-334 - Attachment 'A', for all Kitchener delivery customers effective November 1, 2023; 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

7.3

PLANNING AND STRATEGIC INITIATIVES COMMITTEE - AUGUST 14, 2023

• Moved by Councillor P. Singh
  Seconded by Councillor D. Chapman

  "That the report of the Planning and Strategic Initiatives Committee, dated August 14, 2023, listed as items 7.3.a to 7.3.f on the agenda this date, be adopted."

7.3.a

Zoning By-law Amendment Application ZBA23/017/D/CD, Lifting of Holding Provision 95H, 206, 210 Duke Street East and 46, 50 Madison Avenue North, The Knossos Housing Corp. of Waterloo Region, DSD-2023-305

• "That Zoning By-law Amendment Application ZBA23/017/D/CD for The Knossos Housing Corporation of Waterloo Region, for the properties municipally addressed as 206, 210 Duke Street East and 46, 50 Madison Avenue North, for the purpose of removing Holding Provision 95H from the lands specified in the attached ‘Map No.1’, in the form shown in the ‘Proposed By-law’ attached to Development Services Department report DSD-2023-305, as Appendix ‘A’, be approved."

  Carried

7.3.b

Zoning By-law Amendment Application ZBA22/020/H/TS, Lifting of Holding Provision 15H, 495 Huron Road, Activa Holdings Inc., DSD-2023-330

• "That Zoning By-law Amendment Application ZBA22/020/H/TS for Activa Holdings Inc., for the property municipally addressed as 495 Huron Road, for the purpose of removing Holding Provision 15H from the lands specified in the attached ‘Map No.1’, in the form shown in the ‘Proposed By-law’ attached to Development Services Department report DSD-2023-330 as Appendix ‘A’, be approved."

  Carried

7.3.c

Zoning By-law Amendment Application ZBA23/020/C/TS, Lifting of Holding Provision 15H, 15 Cedar Street North, Nimbell Holdings Inc., DSD-2023-326

• "That Zoning By-law Amendment Application ZBA23/020/C/TS for Nimbell Holdings Inc., for the property municipally addressed as 15 Cedar Street North, for the purpose of removing Holding Provision 15H from the lands specified in the attached ‘Map No.1’, in the form shown in the ‘Proposed By-law’ attached to Development Services Department report DSD-2023-326 as Appendix ‘A’, be approved."

  Carried

7.3.d

Zoning By-law Amendment Application ZBA23/015/Q/ES, 1154 Queen's Boulevard, Sunset Hills Estates Corp., DSD-2023-323

• Carried, under Delegations

7.3.e

Speed Limit Review - School Zones and Bingemans Centre Drive, DSD-2023-286 AND Follow up report DSD-2023-371

Council further considered Speed Limit Review - School Zones and Bingemans Centre Drive, DSD-2023-286 including addendum Report DSD-2023-371.

It was suggested and agreed to approve the recommendation including the amendments as outlined in Report DSD-2023-371.

• "That Council approve changing the priority of a boulevard multi-use trail along Bingemans Centre Drive from medium-term to short-term in the Cycling and Trails Master Plan; and,

  That speed limit on Bingeman Centre drive be increased from 50 km/hr to 60 km/hr; and further,

  That the following motion be deferred to a future Council meeting, to allow additional time for the Region of Waterloo to complete their review of their pilot project school zone speed limits:

  That staff be directed to report back with suggested “school hours” timing, where school zone speed limits may be restricted to 30 km/hr but outside school hours could be 40 km/hr, in tandem with the Region of Waterloo's discussions.”

  Carried, as amended

7.3.f

Downtown Kitchener Draft Vision and Principles, DSD-2023-315

• "That the comprehensive community engagement results received to date, combined with Council feedback, as outlined in Development Services Department report DSD-2023-315, be used with input from the Downtown Community Working Group to finalize a vision statement and set of principles; and further,

  That staff report back with the final vision and set of principles for Council approval later in 2023."

  Carried

8.

UNFINISHED BUSINESS

8.1

Lived Expertise Working Group - First Year Review, DSD-2023-295 AND Follow-up Report DSD-2023-366

Council considered Development Services Department report DSD-2023-295, related to Lived Expertise Working Group (LEWG) - First Year Review that was considered and deferred by Council at the June 26, 2023 Council meeting. It was noted an addendum report Development Services Department report DSD-2023-366 was included for Council's consideration on the agenda this date. J. Readman was in attendance to respond to questions from Council.

It was suggested and agreed to approve the recommendation including the further deferral as outlined in DSD-2023-366 until the September 25, 2023 Council meeting.

• Moved by Councillor P. Singh
  Seconded by Councillor D. Chapman

  "That the following motion be deferred to the September 25, 2023 Council meeting, to allow for an opportunity to further discuss the partnership with the Lived Expertise Working Group (LEWG) and Social Development Centre Waterloo Region (SDCWR) about the preferred approach to establish a City driven Lived Experience Working Group, and during this two month deferral, the City will continue to provide funding to the SDCWR in accordance with the previously approved agreement for the month of September 2023:

  "That the $30,000 already committed to the operation of the Lived Expertise Working Group (LEWG) for year 2 from Kitchener’s operating budget be allocated as outlined in DSD-2023-295; and,

  That the City transfer $23,600 to the SDCWR (Social Development Centre Waterloo Region) for year 2 costs in accordance with the Purchase of Services Agreement signed June 13, 2022; and further,

  That staff, together with the facilitator of the Lived Expertise Working Group, report back to Council at the conclusion of the pilot program in 2024 on next steps for the LEWG."

  Carried, as amended

9.

NEW BUSINESS

9.1

MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC

None.

9.2

Notice All-Council Meeting / Region of Waterloo & Area Municipalities - Education Session

• Moved by Councillor B. Ioannidis
  Seconded by Councillor D. Schnider

  "That a joint in-camera meeting of City Council be held with the Councils of the Regional Municipality of Waterloo and all Area Municipalities within the Region on Friday September 15, 2023 at 1:00 p.m. to be held at the Region of Waterloo, Council Chambers, 150 Frederick Street, Kitchener, with a further option for members to participate electronically, to receive education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001, respectively."

  Carried

9.3

Notice of Motion - C. Michaud - Gender Based Violence

In response to questions, D. Chapman, Chief Administrative Officer, noted while the use of the word epidemic would typically signal a health emergency event, similar to the instance when Council declared a climate emergency, in this instance the word can be used to make a political statement if it was Council's will.

• Moved by Councillor C. Michaud
  Seconded by Councillor A. Clancy

  “WHEREAS in 2022, it was estimated that one woman or girl is killed every 48 hours in Canada, primarily by men; and,
  WHEREAS the Renfrew County issued 86 recommendations to the Province of Ontario aimed at combatting increasing levels of Intimate Partner Violence, in light of an inquest into the deaths of three local women at the hands of a man with a long history of stalking and domestic violence convictions; and,
  WHEREAS the number one recommendation of the inquest was for the Province of Ontario to declare Intimate Partner Violence an epidemic; and,
  WHEREAS 30 municipalities across Ontario have declared Intimate Partner Violence an epidemic; and,
  WHEREAS in March 2019, Ontario's tri-cities of Kitchener, Waterloo and Cambridge ranked as the least safe and least healthy place for women among the 26 largest metropolitan areas in Canada; and,
  WHEREAS one-quarter of all criminal charges laid in Waterloo Region in 2022 were related to Intimate Partner Violence; and,
  WHEREAS frontline service organizations in Waterloo Region have raised concerns about increased demand for sexual assault support services while operational funding remains stagnant; 
  THEREFORE BE IT RESOLVED that the City of Kitchener declare Gender-Based Violence and Intimate Partner Violence an epidemic;
  THEREFORE BE IT FURTHER RESOLVED that this resolution be circulated to the Honourable Marci Ien, Minister for Women and Gender Equality and Youth in support of the letter brought forward by Member of Parliament for the riding of Kitchener Centre, Mike Morrice outlining an urgent need for operational funding for frontline service organizations in Waterloo Region.”

  Carried

10.

QUESTIONS AND ANSWERS

None.

11.

BY-LAWS

At the request of D. Saunderson, Deputy Clerk, Council agreed to consider the By-laws listed on the agenda this date under the heading late starter by-laws to be added to the agenda, as the reports of the Committees have been adopted and the associated By-laws also require approval. It was noted Zoning By-law Amendment Application ZBA23/021/C/KA Removal of Holding Provision - 265 Cotton Grass Street Schlegel Urban Developments Corp., DSD-2023-369 included on the Committee of the Whole agenda, also has a By-law that would be read the first and second time during Committee and would be included for consideration during third reading of the By-laws.

11.1

1ST AND 2ND READING

• Moved by Councillor B. Ioannidis
  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 close part of the public highway known as Tagge Street in the City of Kitchener.

11.1.b

Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement.

11.1.c

Being a by-law to designate the property municipally addressed as 97 Victoria Street North, in the City of Kitchener (being all of PIN 22317-0019) as being of historic and cultural heritage value or interest.

11.1.d

Being a by-law to name a private road as Rosefinch Drive, in the City of Kitchener.

11.1.e

Being a by-law to name a private road as North Ridge Terrace, in the City of Kitchener.

11.1.f

Being a by-law to amend Chapter 70 of the City of Kitchener Municipal Code with respect to Board of Management Downtown Improvement Area.

11.1.g

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – The Knossos Housing Corporation of Waterloo Region – 206-210 Duke Street East and 46-50 Madison Avenue North.

11.1.h

Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc – 495 Huron Road.

11.1.i

Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener – Nimbell Holdings Inc – 15 Cedar Street North.

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 – Sunset Hills Estates Corp. – 1154 Queens Boulevard.

11.1.k

To confirm all actions and proceedings of the Council for August 28, 2023.

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

Request for Additional Funding - Q23-093 - City Hall - Structural Glass Guardrail Replacement, FIN-2023-383

D. Chapman, Chief Administrative Officer, responded to questions from the Committee.

• Moved by Councillor J. Deneault

  it was resolved:

  "That $175,000 be transferred from the Breithaupt Centre – HVAC Replacement account to the City Hall Roofing (2023) account to allow the project to proceed."

  Carried

12.1.b

Zoning By-law Amendment Application ZBA23/021/C/KA Removal of Holding Provision - 265 Cotton Grass Street Schlegel Urban Developments Corp., DSD-2023-369

• Moved by Councillor J. Deneault

  it was resolved:

  "That Zoning By-law Amendment Application ZBA23/021/C/KA for Schlegel Urban Development Corp. for the purpose of removing Holding Provision 99H from the lands specified on the attached Map No.1, in the form shown in the “Proposed By-law” attached to the Report DSD-2023-369 as Appendix A, be approved; and further,

  That the Zoning By-law be considered to be read the first and second time and referred to the third reading of the By-laws on the agenda this date."

  Carried

12.1.c

Noise Exemption - Highway 8 from Franklin Street to Highway 7-8 Interchange, DSD-2023-387, DSD-2023-387

• Mayor B. Vrbanovic declared a conflict on this item. (Mayor B. Vrbanovic declared a declared a pecuniary interest with respect to item 12.1.c Noise Exemption - Highway 8 from Franklin Street to Highway 7-8 Interchange, DSD-2023-387, DSD-2023-387, due to owning property within the vicinity of the subject project and did not participate in any voting or discussion on the matter.)

• Moved by Councillor P. Singh

  it was resolved:

  "That the Ministry of Transportation, Ontario (MTO) and its contractors be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the pavement rehabilitation of the Highway 8 between Franklin Street and the Highway 7/8 Interchange in the City of Kitchener. The request for the noise by-law exemption is between the hours of 7:00 p.m. and 7:00 a.m. for the period of September 11 to November 7, 2023."

  Carried

12.2

FOR INFORMATION

Pursuant to Chapter 25 (Procedure) of the Municipal Code, a motion was brought forward by Councillor S. Davey to discuss the information items listed as items 12.2.a. and 12.2.b. on the agenda, which was voted on and was Carried.

12.2.a

Summary of Bid Solicitations Approved by the Chief Procurement Officer (April 1, 2023 - June 30, 2023), FIN-2023-361

J. Lautenbach, Chief Financial Officer, was in attendance and responded to questions from the Committee.

12.2.b

June 2023 Variance Report, FIN-2023-370, FIN-2023-370

J. Lautenbach, Chief Financial Officer, was in attendance and responded to questions from the Committee.

12.3

MATTERS ARISING FROM IN-CAMERA

12.3.a

Lease Agreement - City-Owned Land (Land Disposition, Section 239 (c)), DSD-2023-329 (August 14, 2023 Caucus Meeting)

• Moved by Mayor B. Vrbanovic

  "That the General Manager, Infrastructure Services be authorized to execute a one-year lease extension and two further 1-year options for extension with Extend-a-Family at 91 Moore Avenue, with the terms and conditions discussed at the August 14, 2023 in-camera meeting, said agreement to be satisfactory to the City Solicitor."

  Carried

12.3.b

Contract Negotiations (Labour Relations - Section 239 (2) (d)), COR-2023-372

• Moved by Councillor D. Schnider

  "That the terms and conditions contained in the Memorandum of Settlement dated June 12, 2023, to establish the 2023-2026 Collective Agreement with IATSE Local 357 be approved: and further,

  That the Mayor and the Clerk be authorized to execute documentation arising there from."

  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 D. Chapman

  “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 C. Michaud
  Seconded by Councillor M. Johnston

  "That the by-laws be given third reading, namely:

14.1.a

Being a by-law to close part of the public highway known as Tagge Street in the City of Kitchener.

(By-law 2023-108)

14.1.b

Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement.

(By-law 2023-109)

14.1.c

Being a by-law to designate the property municipally addressed as 97 Victoria Street North, in the City of Kitchener (being all of PIN 22317-0019) as being of historic and cultural heritage value or interest.

(By-law 2023-110)

14.1.d

Being a by-law to name a private road as Rosefinch Drive, in the City of Kitchener.

(By-law 2023-111)

14.1.e

Being a by-law to name a private road as North Ridge Terrace, in the City of Kitchener.

(By-law 2023-112)

14.1.f

Being a by-law to amend Chapter 70 of the City of Kitchener Municipal Code with respect to Board of Management Downtown Improvement Area.

(By-law 2023-113)

14.1.g

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – The Knossos Housing Corporation of Waterloo Region – 206-210 Duke Street East and 46-50 Madison Avenue North.

(By-law 2023-114)

14.1.h

Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc – 495 Huron Road.

(By-law 2023-115)

14.1.i

Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener – Nimbell Holdings Inc – 15 Cedar Street North.

(By-law 2023-116)

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 – Sunset Hills Estates Corp. – 1154 Queens Boulevard.

(By-law 2023-117)

14.1.k

Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Schlegel Urban Developments Corp. – 265 Cotton Grass Street.

(By-law 2023-118)

14.1.l

To confirm all actions and proceedings of the Council for August 28, 2023.

(By-law 2023-119)

Carried

15.

ADJOURNMENT

On motion, the meeting adjourned at 2:26 p.m.