HomeMy WebLinkAboutCouncil Minutes - 2020-09-141916111kiIN10d,IIki011*11
SEPTEMBER 14, 2020
CITY OF KITCHENER
The Council of the City of Kitchener met electronically this date at 7:25 p.m. with all members present,
Chaired by Mayor B. Vrbanovic.
1. COMMENCEMENT —
The meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada".
2. MINUTES —
On motion by Councillor D. Schnider, the minutes of the regular meeting held August 24, 2020, and
special meetings held August 19, 24, 26 & 31, 2020, as mailed to the Mayor and Councillors, were
accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — NIL
4. COMMUNICATIONS REFERRED TO FILE —
a. Flag Requests under Policy MUN-FAC-442:
• PKD Foundation — September 4, 2020.
5. PRESENTATIONS —
Dr. Patricia McCarney and Mr. James Patava, World Council on City Data awarded platinum
certification to the City of Kitchener for ISO 37120.
Andy Filmore, MP, Parliamentary Secretary to the Minister of Infrastructure and Communities,
spoke to efforts to build a sustainable and prosperous future for our communities through data -
driven leadership and governance. Dr. Patricia McCarney and James Patava spoke to the work
of the World Council on City Data, the standards, indicators and themes of the data collected, as
well as its implications and uses. City of Kitchener staff were commended for the quality of the
data collected and how quickly they achieved the ISO 37120 Platinum Certification. The City was
then presented with ISO 37120 Platinum Certification, the highest level of certification offered by
the World Council on City Data. Raj Saini, MP, Kitchener Centre was also in attendance for the
presentation.
b. Tova Davidson, Sustainable Waterloo Reg ion/Cl imateActionWR, presented the 2019 State of
Sustainability Year End Report.
Tova Davidson, Executive Director of Sustainable Waterloo Reg ion/ClimateActionWR,
presented the 2019 State of Sustainability Year -End Report. T. Davidson highlighted the
participation of all regional municipalities and spoke to ongoing emission reduction and
sustainability efforts.
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6.a. Committee of the Whole Item 5 — CAO -20-004 - 2020 Business Plan Progress Report and
Compass Kitchener Strategic Plan Evaluation Guide
Judy Stephens -Wells and Lori Trumper were in attendance to present the recommendations regarding
the 2020 Business Plan Progress Report and Compass Kitchener Strategic Plan Evaluation Guide on
behalf of Compass Kitchener.
6.b. Committee of the Whole Item 1 — DSD -20-152 - Use of Affordable Housing Funding
Regan Sunshine Brusse spoke regarding the urgent need to address affordable housing and
homelessness. She stated it was her belief the funding to address these matters is not sufficient;
expressed her interest in a pilot program to explore affordable housing; and, highlighted the need for
action on this matter. In response to questions from Council, R. Brusse further discussed the suggested
pilot project and funding needs.
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SEPTEMBER 14, 2020 -96- CITY OF KITCHENER
A motion was brought forward by Councillor S. Marsh, seconded by Councillor D. Chapman, that the
motion be deferred pending further investigation into potential funding partners and outreach to
community partners leading related projects.
Staff advised option two presented in the report was similar to the motion on the floor regarding
leveraging the funds. Council discussed the need for action on this matter; community partners who
could benefit from the funds; the need to allocate funds and take action before the winter season; and,
a possible expression of interest process. D. Chapman, CAO, described how staff might use an
expression of interest process to identify the gaps in services provided by the Region or community
organizations and provide funding in support. Mayor B. Vrbanovic spoke to the Region's plans for
temporary accommodations during the coming winter months.
It was suggested and agreed to allow Councillor Marsh to withdraw her deferral motion and to amend
the main motion to allocate the remaining $40,000 within the 2020 affordable housing budget to Option
2 as outlined within Development Services Department Report DSD -20-152.
Councillor S. Marsh requested a recorded vote for the following motion.
Moved by Councillor S. Marsh
Seconded by Councillor D. Chapman
"That the remaining $40,000 within the 2020 affordable housing budget be allocated to
Option 2 as outlined within Development Services Department Report DSD -20-152."
Carried Unanimously on a recorded vote.
6.c. Committee of the Whole Item 4 — INS -20-010 - Winter Sidewalk Maintenance Review —
Supplemental Report to INS -20-009
Maggie Deveau representing the Mayor's Advisory Council for Kitchener Seniors, Margaret Santos,
Daniel Brotherston, and Brenda Robinson of the Grand River Accessibility Advisory Committee spoke
in support of city-wide winter sidewalk maintenance due to concerns regarding accessibility to active
transportation and to limit social isolation of vulnerable populations during winter months. Written
comments in support of city-wide winter sidewalk maintenance were also received from Myron
Steinman.
Grant Vicars expressed concern for the cost of the program and asked about alternative programs to
support snow clearing.
In response to Council's questions, staff discussed the following: operational considerations;
enforcement; a possible special levy program for specific areas; the statistic validity of the community
feedback collected; curb facing sidewalks; and, windrow clearing. Staff also provided clarification on
the expenses of the program, including contractor costs; the assisted services program; repair of
damages; and, city costs. Council further discussed considerations for the current economic climate;
proactive enforcement; partnership with citizens in snow clearing; broadening the assisted services
program; tracking community responses; the need to support those with accessibility issues; and, future
consideration of the City taking on full winter sidewalk maintenance.
A motion was brought forward by Councillor D. Schnider, seconded by Councillor C. Michaud, directing
staff to implement Option 1 of Infrastructure Services Department report INS -20-010, listed as Item 4
on the Committee of the Whole agenda this date.
An amendment was brought forward by Councillor D. Schnider, seconded by Councillor C. Michaud,
that the available spaces in the assisted services program be increased by 75 spaces in winter
2020/2021, (from 100 in winter 2019/20); and further, that staff be directed to increase the program by
75 spaces annually until such time as community demand is met.
Councillor J. Gazzola requested a recorded vote on Councillor D. Schnider's amendment
COUNCIL MINUTES
SEPTEMBER 14, 2020 -97- CITY OF KITCHENER
Councillor D. Schnider's amendment was voted on and CARRIED, on a recorded vote with Mayor B.
Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, J. Gazzola, P. Singh, B. loannidis,
M. Johnston, S. Marsh and C. Michaud voting in favour; and Councillor D. Chapman voting in opposition.
A further amendment was brought forward by Councillor S. Davey, seconded by Councillor S. Marsh,
that there be proactive enforcement on priority routes; and that during the budget process, staff
investigates increasing the number of part-time proactive enforcement officers.
A motion was proposed by Councillor D. Chapman in the interest of equity, diversity, and inclusion, and
in an attempt to ensure that seniors, people with mobility issues and disabilities, and people with
strollers are able to navigate the streets of Kitchener during the wintertime safely, the City of Kitchener
takes on full winter sidewalk maintenance, which failed to receive a seconder.
Councillor J. Gazzola requested a recorded vote
Moved by Councillor D. Schnider
Seconded by Councillor C. Michaud
"That in consideration of the results of the comprehensive Winter Sidewalk Pilot program
from winter 2019/20, staff be directed to implement option 1 of Infrastructure Services
Department report INS -20-010, as amended, which includes:
1. Deploying the assisted services for sidewalk and windrow clearing program as of
winter 2020/21 to a total of 175 spaces; and,
2. Deploying the assisted services for sidewalk and windrow clearing program to an
additional 75 spaces every year thereafter until community demand is met; and,
3. Deploying proactive by-law enforcement program as of winter 2020/21 to priority
routes; and,
4. Staff present options for increasing the number of winter part-time by-law
enforcement officers as part of the 2021 budget process; and,
That the above recommendations be funded from the 'Weather Events Stabilization
Reserve' for the 2020 portion of the upcoming winter season and that an annualized cost
of $230,000 be referred to the 2021 operating budget."
Carried as amended on a recorded vote.
In Favour: Mayor B. Vrbanovic and Councillors
S. Davey, D. Schnider, K. Galloway-Sealock, J.
Gazzola, P. Singh, B. loannidis, M. Johnston, S.
Marsh, and C. Michaud.
Contra: Councillor D. Chapman.
Moved by Councillor D. Schnider
Seconded by Councillor B. loannidis
"That pursuant to Section 25.4.11. of Chapter 25 (Council Procedure) of the City of Kitchener
Municipal Code, the proceedings of Council this date shall be allowed to continue beyond
11:00 p.m. to conclude matters as listed on the agenda."
Carried Unanimously.
6.d. New Business Item 1 - Supporting News Media Notice of Motion
On behalf of the Ink Stained Wretches, Chuck Howitt requested Council consider passing the motion
introduced by Mayor B. Vrbanovic, advocating for support to local news media. Council discussed the
importance of accurate and accountable local news media.
Mayor B. Vrbanovic gave notice that he will introduce the following motion for consideration this date
to address supporting news media:
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SEPTEMBER 14, 2020 -98- CITY OF KITCHENER
Moved by Councillor S. Davey
Seconded by Councillor D. Schnider
WHEREAS a healthy, professional news media sector is essential for the proper
functioning of civil society and democracy at the local, regional, provincial, federal and
international levels; and
WHEREAS residents of 190 Canadian communities — including residents of Kitchener,
Elmira, and Guelph — lost 250 established news outlets due to closings or mergers
between 2008 and 2018; and
WHEREAS the news media in Waterloo Region have been instrumental during the
COVID-19 pandemic, ensuring local citizens have accurate local information, despite
nearly 500 journalists being laid off during the pandemic;
THEREFORE BE IT RESOLVED that the Council of the City of Kitchener recognizes that
a healthy, professional news media is essential to the proper functioning of democracy in
the region; and,
THAT the City urges other municipal councils within the region and across Canada to
recognize that a robust news media is essential to the proper functioning of democracy
in their jurisdictions; and,
THAT the City endorses legislation and regulations to support and rejuvenate news
outlets across Canada and urges the federal government to move quickly to pass
legislation to ensure an ecosystem for a healthy news media to serve all Canadians; and,
BE IT FINALLY RESOLVED that the resolution be forwarded to the area municipalities,
local M.P.s and M.P.P.s and the Federation of Canadian Municipalities and Association
of Municipalities of Ontario."
Carried.
6.e. Committee of the Whole Item 2 – COR -20-010 – Dangerous Dog Designation Appeal –
Robins
Lane Burman appeared before Council to request a system be put in place to have information available
to the public indicating the general vicinity of dog attacks.
Moved by Councillor S. Marsh
Seconded by Councillor C. Michaud
"That staff investigate and provide options for sharing information with the public
regarding the general vicinity of dog attacks and the level of severity of those attacks."
Carried.
A motion was brought forward by Councillor M. Johnston, seconded by Councillor C. Michaud to
approve a recommendation of the Dog Designation Appeal Committee as outlined in Corporate
Services Department report COR -20-010, listed as Item 2 on the Committee of the Whole agenda this
date.
Moved by Councillor M. Johnston
Seconded by Councillor C. Michaud
"That the decision of the Dog Designation Appeal Committee regarding an appeal filed
by Ms. Anita Robins, wherein the Committee affirms the Dangerous Dog Designation
applied to their dog 'Pasha' by the Humane Society of Kitchener -Waterloo and Stratford
Perth, be ratified and confirmed."
Carried.
COUNCIL MINUTES
SEPTEMBER 14, 2020 _99- CITY OF KITCHENER
7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES COMMITTEE — August 31,
2020
In response to Council's questions, staff discussed Bill 197, COVID-19 Economic Recovery Act, 2020,
and the deferral of development charges for affordable housing.
An amendment was brought forward by Councillor D. Chapman, seconded by Councillor J. Gazzola,
that the following be struck from the motion, "That no interest be charged for Development Charge
Deferrals related to non-profit housing development".
Councillor D. Chapman's amendment was voted on and LOST.
Moved by Councillor S. Davey
Seconded by Councillor J. Gazzola
"That the balance of the Finance and Corporate Services Committee report, dated August
31, 2020, be adopted."
Carried.
7. COMMITTEE REPORTS — PLANNING AND STRATEGIC INITIATIVES — August 31, 2020
Moved by Councillor S. Marsh
Seconded by Councillor P. Singh
"That the report of the Planning & Strategic Initiatives Committee be adopted."
Carried.
8. UNFINISHED BUSINESS — NIL
9. NEW BUSINESS —
9.a Supporting News Media
Dealt with under Delegations.
9.b Safe Supply Initiatives
Councillor S. Marsh gave notice she will introduce the following motion for consideration this date to
address Safe Supply Initiatives:
Moved by Councillor S. Marsh
Seconded by Councillor S. Davey
"WHEREAS the overdose crisis, attributed to contamination of the unregulated market
by a wide variety of substances, has been one of the most significant public health crises
in recent Canadian history; between January 2016 and December 2019, nearly 15,400
Canadians lost their lives from apparent opioid -related causes; and,
WHEREAS the contaminated drug crisis has worsened during the COVID-19 pandemic,
with the unregulated drug supply reported to be more toxic and service providers
hampered by the COVID-19 pandemic, preliminary counts in Ontario show a 35%
increase in the number of suspected overdose -related deaths; within Waterloo region,
opioid -related poisoning deaths are expected to reach record levels in 2020; and,
WHEREAS in August 2020, the federal Minister of Health called on all Provincial and
Territorial Ministers of Health and regulatory colleges to proactively encourage
practitioners to provide people who use drugs with a full spectrum of care, including
access to safer, pharmaceutical -grade alternatives to the contaminated drug supply, for
people at risk of overdose; and,
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SEPTEMBER 14, 2020 -100- CITY OF KITCHENER
WHEREAS the Federation of Canadian Municipalities, Ontario's Community Health
Centres, the Municipal Drug Strategy Network of Ontario, and others have requested
support to facilitate the establishment of Safe Supply initiatives in Ontario communities;
and,
WHEREAS despite these and other recent proactive steps, funding and regulatory
barriers continue to prevent people who use drugs and the community organizations
supporting them from accessing or establishing a Safe Supply; and,
WHEREAS offering Safe Supply initiatives to people who use drugs is an approach that
will prevent death and injuries and reduce the community impacts of problematic
substance use resulting in a healthier and safer community for everyone.
NOW THEREFORE the City of Kitchener calls on the Provincial and Federal ministers of
health and relevant regulatory Colleges to support and fund the provision of Safe Supply
initiatives in our community; and,
BE IT FURTHER RESOLVED that the City of Kitchener shares this resolution with our
local health authorities and health care providers to encourage implementation of Safe
Supply initiatives during this unprecedented time as an important component in their
efforts to provide a health response to the overdose poisoning crisis; and,
BE IT FINALLY RESOLVED that this resolution be shared with the provincial and federal
Ministers of Health, all local Members of Parliament and Members of Provincial
Parliament, all local municipalities, Waterloo Region Integrated Drug Strategy,
KW4Health, Waterloo Wellington LHIN, Waterloo Region Crime Prevention Council,
Ontario Health Team, Inner City Health Alliance, Alliance For Healthier Communities,
Municipal Drug Strategy Network of Ontario, College of Physicians and Surgeons of
Ontario, Ontario College of Pharmacists, Nurse Practitioners Association of Ontario,
Registered Nurses Association of Ontario, Public Health Ontario, Public Health Agency
of Canada, Canadian Public Health Association, Canadian Drug Policy Association,
Federation of Canadian Municipalities, and the Association of Municipalities of Ontario."
Carried.
10. QUESTIONS AND ANSWERS — NIL
11. BY-LAWS (FIRST READING) —
Council agreed to the request of C. Tarling, City Clerk, to add two additional by-laws for three readings
this date.
Moved by Councillor S. Davey
Seconded by Councillor B. loannidis
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
a. By-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — 1776411 Ontario Ltd. — 1333 Weber Street East (Removal of
Holding Provisions 76H, 77H and 22 HSR).
b. By-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener — 2530229 Ontario Inc. — Gravel Ridge Trail (Change A-1 zone to
R-6 with 745R, P-2 and R-2 with 4790).
c. To confirm all actions and proceedings of the Council.
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
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SEPTEMBER 14, 2020 - 101 - CITY OF KITCHENER
12. COMMITTEE OF THE WHOLE -
On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
B. Vrbanovic appointed Councillor D. Schnider as Chair.
A. BY-LAWS LISTED ON THE AGENDA —2 ND READING
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. ADMINISTRATIVE REPORTS
1. DSD -20-152 — Use of Affordable Housing Funding
Dealt with under delegations.
2. COR -20-010 — Dangerous Dog Designation Appeal — Robins
Dealt with under delegations.
3. COR -20-011 — Memorandum of Settlement, CUPE 791
Councillor J. Gazzola requested a recorded vote on the following motion.
Moved by Councillor P. Singh
Seconded by Councillor B. loannidis
"That Council approve the terms and conditions contained in the Memorandum of
Settlement dated August 14, 2020 to establish the 2020-2021 Collective Agreement with
CUPE Local 791;
That the wage adjustments negotiated with CUPE 791 be applied to non-
union/management positions consistent with the City's approach to joint job evaluation;
That the wage settlements for 2020 be applied to 9000 series positions;
And further, that the Mayor and the Clerk be authorized to execute documentation arising
there from."
Carried.
In Favour: Mayor B. Vrbanovic and Councillors
D. Chapman, S. Davey, D. Schnider, K.
Galloway-Sealock, P. Singh, B. loannidis, M.
Johnston, S. Marsh, and C. Michaud.
Contra: Councillor J. Gazzola
4. INS -20-010 Winter Sidewalk Maintenance —Supplementary Report to INS -20-009
Dealt with under delegations.
5. Infrastructure Services Department (Labour Relations — Section 238 (2) (d))
Council considered a matter arising from an electronic in -camera meeting held earlier this date.
COUNCIL MINUTES
SEPTEMBER 14, 2020 -102- CITY OF KITCHENER
Moved by Councillor P. Singh
Seconded by Councillor B. loannidis
"That two Full-time Equivalent positions (FTEs) be approved to increase internal capacity
to provide underground utility locates in the Kitchener Utilities — Gas & Water Division by
reallocating existing funding for contracted locate services."
Carried.
13. REPORT OF THE COMMITTEE OF THE WHOLE —
On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the
Chair.
Moved by Councillor J. Gazzola
Seconded by Councillor B. loannidis
"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 (THIRD READING) -
Moved by Councillor D. Chapman
Seconded by Councillor C. Michaud
"That the by-laws be given third reading, namely:
a. By-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City
of Kitchener — 1776411 Ontario Ltd. — 1333 Weber Street East.
(By-law No. 2020-055)
b. By-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City
of Kitchener — 2530229 Ontario Inc. — Gravel Ridge Trail.
c. To confirm all actions and proceedings of the Council.
(By-law No. 2020-056)
(By-law No. 2020-057)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 11:49 p.m.
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MAYOR CTK
COUNCIL MINUTES
SEPTEMBER 14, 2020 -103- CITY OF KITCHENER
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FINANCE AND CORPORATE SERVICES COMMITTEE — AUGUST 31, 2020
That in consideration of the results of the comprehensive Winter Sidewalk Pilot program from winter
2019/20, staff be directed to implement option 1 of Infrastructure Services Department report INS -
20 -010. as amended. which includes:
1. Deploying the assisted services for sidewalk and windrow clearing program as of
winter 2020/21 to a total of 175 spaces; and,
2. Deploying the assisted services for sidewalk and windrow clearing program to an
additional 75 spaces every year thereafter until community demand is met; and,
3. Deploying proactive by-law enforcement program as of winter 2020/21 to priority
routes; and,
4. Staff present options for increasing the number of winter part-time By-law
Enforcement Officers as part of the 2021 budget process.
That the above recommendations be funded from the 'Weather Events Stabilization
Reserve' for the 2020 portion of the upcoming winter season and that an annualized cost
of $230,000 be referred to the 2021 operating budget.
Dealt with under Delegations. Carried, as amended, on a recorded vote.
That financial policy FIN -PLA -XXX "Development Charge Interest" be approved, as outlined in
Financial Services Department report FIN -20-054, including an annual interest rate of Prime +
2% for:
• Development Charge Rate Freezes; and,
• Development Charge Deferrals related to institutional and rental housing
development; and further,
That no interest be charged for Development Charge Deferrals related to non-profit housing
development.
PLANNING & STRATEGIC INITIATIVES COMMITTEE — AUGUST 31, 2020
That Zoning By-law Amendment Application ZBA20/007/W/AP for 1333 Weber Street East for
1776411 Ontario Ltd. for the purpose of changing the zoning by removing Holding Provisions
76H, 77H, and 22HSR from the lands specified in the attached Map No.1, in the form shown in
the "Proposed By-law" dated June 3, 2020, attached to the Development Services Department
Report DSD -20-103 as Appendix A, be approved.
That Zoning By-law Amendment Application ZBA19/002/0/BB (Gravel Ridge Trail; 25302229
Ontario Inc.) for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential
Six Zone (R-6) with Site Specific Regulation Provision 754R and Open Space Two Zone (P-2)
on the lands specified on the attached Map No. 1 in the form shown in the "Proposed By-law"
dated April 18, 2020, attached to Development Services Department Report DSD -20-074 as
Appendix A, be approved; and further,
That the Laurentian West Community Plan be amended as follows:
That "Map A - Land Use" be amended, as shown on attached Appendix A to designate
the lands legally described as Part of Lots 130, German Company Tract, RP 58R-16451,
Parts 1 to 3 as "Multiple Residential (26-40 UPH)" and within Phase 3 of the Community
Plan; and,
That the Urban Design Brief attached to Development Services Department Report DSD -
20 -074 as Appendix B, be adopted and provide the basis for future site development; and
further,
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SEPTEMBER 14, 2020 -104- CITY OF KITCHENER
That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment Application
ZC 19/002/O/B B.