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HomeMy WebLinkAboutCouncil Minutes - 2022-04-11�:T,,,,IE�I' � Council Meeting Minutes April 11, 2022, 7:00 p.m. Electronic Meeting Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Gazzola Councillor C. Michaud Councillor K. Galloway-Sealock Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor S. Marsh Staff: 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 K. Dever, Director Strategic & Corporate Performance R. Bustamante, Director, Planning N. Lobley, Director, Parks and Cemeteries R. Hagey, Director, Financial Planning A. Fusco, Director Legislated Services/City Clerk E. Moorlag Silk, Interim Dir (Equity AR & II) K. Cooper, Manager Strategic & Business Planning G. Stevenson, Manager, Development Planning N. Goss, Manager Policy & Research J. Shea, Manager, Forestry & Natural Areas Management C. Musselman, Senior Environmental Planner D. Saunderson, Deputy Clerk 1 1. COMMENCEMENT The electronic meeting began at 7:35 p.m. with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 2. MINUTES FOR APPROVAL On motion by Councillor D. Chapman the minutes of the regular meeting held March 21, 2022 and special meetings held March 21, 28 and April 4, 2022, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.1 Councillor B. loannidis - Affordable Housing Development Charge (DC) Waiver Policy, FIN -2022-158 and Information Report, FIN -2022-179 Councillor B. loannidis declared a conflict with Affordable Housing Development Charge (DC) Waiver Policy, FIN -2022-158 and Information Report, FIN -2022- 179, listed on the Finance and Corporate Services Committee - April 4, 2022 report on the agenda this date, as he is employed by a Not -for -Profit and did not participate in any voting or discussion regarding this matter. 3.2 Councillor C. Michaud - Affordable Housing Development Charge (DC) Waiver Policy, FIN -2022-158 and Information Report, FIN -2022-179 Councillor C. Michaud declared a conflict with Affordable Housing Development Charge (DC) Waiver Policy, FIN -2022-158 and Information Report, FIN -2022- 179, listed on the Finance and Corporate Services Committee - April 4, 2022 report on the agenda this date, as he is employed by a Not -for -Profit and did not participate in any voting or discussion regarding this matter. 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request under Policy MUN-FAC-442 4.1.a SPECTRUM - Waterloo Region's Rainbow Community Space - March 31, 2022 4.1.b Canadian Polish Congress District Kitchener - May 5 - 13, 2022 4.1.c Eritrean -Canadian Community of KW & Area - May 21 - 28, 2022 5. PRESENTATIONS - NIL 6. DELEGATIONS E 6.1 Compass Kitchener Annual Work Plan - CAO -2022-162, listed as Item 12.3.a. 6.1.a Judy Stephens -Wells, Chair, Compass Kitchener Judy Stephens -Wells, Chair, Compass Kitchener, presented the 2022 Compass Kitchener Work Plan and responded to questions from Council. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Davey "That the 2022 Compass Kitchener Work Plan as outlined in Chief Administrative Officers report CAO -2022-162, be approved." Carried 6.2 Kitchener's Contribution to Canada Target 1 Protected Areas - INS -22-131, listed as Item 12.3.b. 6.2.a Jackie Ho, Ontario Nature J. Shea provided opening remarks related to Infrastructure Services Department report INS -2022-131, related to Kitchener's Contributions to Canada Target 1 Protected Areas and introduced Jackie Ho, Ontario Nature, Protected Places Coordinator, who provided an overview of the Target 1 Protection Areas and the sites located within the City that have qualified as areas for protection. J. Ho stated within the City there are 20 protected park areas, totaling 585 hectares of land. 6.3 Centre In the Square - Scheduled Performance (J. Peterson) 6.3.a David Alton, Craig Reynolds, Graham Roe and William Turman Council was also in receipt of written submissions from Craig Reynolds and Kevin White related community call for action to cancel an event featuring Jordan Peterson scheduled at the Centre in the Square (CITS). David Alton, Craig Reynolds, Graham Roe and William Turman addressed Council related community call for action to cancel an event featuring Jordan Peterson at the Centre in the Square (CITS). Concerns were expressed about the shows content and the potential harm it may cause to the 2SLGBTQ+ community within the Region. Council was requested where possible to try to take action to cancel the show and review the booking practices for the Centre in the Square. V. Raab addressed the comments raised by the delegations, stating while staff do not have knowledge of the specific content of the show, there is a general 3 awareness of Mr. Peterson's content from information found in the public domain, noting these views do not reflect the City's values or priorities when it comes to issues of equity and inclusivity. Live Nation's rental of the Centre in the Square to host Jordan Peterson is in no way an endorsement by the City of the content he presents. V. Raab indicated the Centre in the Square is an arms -length organization, where Kitchener City Council has no authority or mandate to direct the operations of the Centre. V. Raab further advised as an organization and a municipal government, we know we have a role to play in dismantling discrimination and hate and understand that part of doing this is listening to and responding to the needs of the Kitchener community, prioritizing the safety and wellbeing of those who identify as 2SLGBTQ+, and committing to building an equitable system by providing safe spaces for citizens to access services, participate in decision-making and contribute to our community, noting a number of initiatives the City has already undertaken to providing safer spaces within our community. 7. REPORTS OF COMMITTEES 7.1 FINANCE AND CORPORATE SERVICES COMMITTEE - APRIL 4, 2022 Due to the previously declared conflicts related to item 7.1.a. on the agenda this date related to the Affordable Housing Development Charge (DC) Waiver Policy was dealt with separately. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Davey "That the report of the Finance and Corporate Services Committee, dated April 4, 2022, listed as items 7.1.b to 7.1.e. on the agenda this date, be adopted." Carried 7.1.a Affordable Housing Development Charge (DC) Waiver Policy, FIN -2022-158 and Information Report, FIN -2022-179 Councillor B. loannidis declared a conflict on this item. (Councillor B. loannidis declared a conflict with Affordable Housing Development Charge (DC) Waiver Policy, FIN -2022-158 and Information Report, FIN -2022-179, listed on the Finance and Corporate Services Committee - April 4, 2022 report on the agenda this date, as he is employed by a Not -for -Profit and did not participate in any voting or discussion regarding this matter.) Councillor C. Michaud declared a conflict on this item. (Councillor C. Michaud declared a conflict with Affordable Housing Development Charge (DC) Waiver M Policy, FIN -2022-158 and Information Report, FIN -2022-179, listed on the Finance and Corporate Services Committee - April 4, 2022 report on the agenda this date, as he is employed by a Not -for -Profit and did not participate in any voting or discussion regarding this matter.) It was noted that a follow up report was provided to Council Financial Services Department report FIN -2022-179, which included an amended policy as a result of the discussion that occurred at the Finance and Corporate Services Committee on April 4, 2022. It was suggested and agreed that the resolution be amended to reflect approval of the Policy as attached to Report FIN -2022-179. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Davey "That financial policy FIN -PLA -XXX "Affordable Housing Development Charges Waiver" be approved as outlined in Attachment A of Financial Services Department report FIN -2022-179; and, That the terms of reference for the Affordable Housing Reserve be approved as outlined in Attachment B to Report FIN -2022-179, and, That staff be directed to prepare an Issue Paper as part of the 2023 Budget process to provide a follow-up on the overall success of the program; and further, That staff continue to advocate with other levels of government, including the school board to identify ways to address affordable housing." Carried, as amended 7.1.b Region of Waterloo Planning and Works Project Team Appointments, COR - 2022 -137 "That Councillor J. Gazzola be appointed to the Schneider Creek Multi - Use Path — Manitou Drive to Block Line Road Study Team, as outlined in Corporate Services Department report COR -2022-137; and further, That Councillor S. Davey be appointed to Separated Cycling Facilities Study (Erb Street, Bridgeport Road) including the Conversion of the Pilot Network." Carried l 7.1.c Downtown Financial Incentive Program Update: Fagade Grant Program, DSD - 2022 -112 "That the Fagade Grant Program be reinstated, with the City accepting applications until December 31, 2027, in accordance with the Downtown Community Improvement Plan, as outlined in Development Services Department report DSD -2022-112; and, That Council Policy FIN -GRA -535 be repealed and replaced with the revised Council Policy FIN -GRA -535 as attached to Report DSD -2022- 112, to the satisfaction of the City Solicitor and Clerk; and further, That staff be directed to consider businesses that have made inquires and registered interest in a fagade grant, during the period of January 1, 2021 to the date of approval of this report by Council, as eligible for the Facade Grant program in accordance with Report DSD -2022-112." Carried 7.1.d Love My Business Support Programs, DSD -2022-150 "That the proposed programs for the Love My Business initiative, as outlined in Development Services Department report DSD -2022-150, be endorsed; and further, That City staff be directed to implement additional direct assistance programs where deemed permissible by the Ontario Municipal Act, as generally outlined in Report DSD -2022-150." Carried 7.1.e In -Person and Hybrid Council and Committee Meetings, COR -2022-154 "That the Hybrid Meeting Protocols as outlined in Attachment A to Corporate Services Department report COR -2022-154 be approved for a one-year pilot; and, That staff be directed to report back to Council in 2023 with a review of the Hybrid Meeting Protocols, as part of the Procedure By-law Review; and further, That beginning with the Council meeting of May 9, 2022, or as determined by the Mayor and Chief Administrative Officer, staff be directed to facilitate 9 meetings in a hybrid manner with in-person and remote Members of Council and the public." Carried 7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -APRIL 4, 2022 Councillor S. Marsh requested Item 7.2.e. listed on the agenda this date related to the Demolition Control Application DC22-004-S-TS - 289 and 295 Sheldon Avenue - Sheldon Avenue Partnership, DSD -2022-139 be dealt with separately. Moved by Councillor S. Marsh Seconded by Councillor D. Schnider "That the report of the Community and Infrastructure Services Committee, dated April 4, 2022, listed as items 7.2.a to 7.2.d and 7.2f to 7.2.h. on the agenda this date, be adopted." 7.2.a Demolition Control Application DC22-004-S-TS - 289 and 295 Sheldon Avenue - Sheldon Avenue Partnership, DSD -2022-139 A motion was brought forward by Councillor D. Schnider, which was seconded by Councillor M. Johnston to approve Demolition Control Application DC22/004/S/TS as outlined in the agenda this date. Councillor S. Marsh brought forward an amendment, which was seconded by Councillor M. Johnston to approve Demolition Control Application DC22/004/S/TS subject to a condition as proposed: a. That the owner obtains final site plan approval for the proposed redevelopment, if applicable under Chapter 683 of the City of Kitchener Municipal Code. b. That the owner obtains a building permit(s) for the proposed redevelopment; and, Upon satisfaction of subsections (a), the City's Chief Building Official may authorize and issue a demolition permit under subsection 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of the proposed redevelopment is not substantially complete within 2 years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be 7 collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." G. Stevenson, Manager, Development Planning, was in attendance to respond to questions from Council. Councillor S. Marsh's amendment was then voted on and was Carried. The following motion was then voted on. Moved by Councillor D. Schnider Seconded by Councillor M. Johnston "That Demolition Control Application DC22/004/S/TS requesting permission to demolish two single detached dwellings located at 289 and 295 Sheldon Avenue North be approved, as outlined in Development Services Department report DSD -2022-139, subject to the following condition: a. That the owner obtains final site plan approval for the proposed redevelopment, if applicable under Chapter 683 of the City of Kitchener Municipal Code. b. That the owner obtains a building permit(s) for the proposed redevelopment; and, Upon satisfaction of subsections (a), the City's Chief Building Official may authorize and issue a demolition permit under subsection 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of the proposed redevelopment is not substantially complete within 2 years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." Carried, as amended n. 7.2.b 2022 Community Grants Tier 2, CSD -2022-119 "That 2022 community grants (Tier 2) in the amount of $172,215 be approved as outlined in Appendix A attached to Community Services Department report CSD -2022-119; and That the following organizations be approved to move to the Tier 1 grant process for the 2023 grant cycle: 1. Community Coalition on Refugee and Immigrant Concerns 2. Hohner Avenue Porch Party 3. Irish Real Life Festival; and further, That the outstanding community grants balance of $46,789 be allocated to the three-year pilot of the `Racialized and Indigenous Supports for Equity' (RISE) fund, a grant providing support for community -led organizations, programs, initiatives and events meant to decrease inequities and increase opportunities and well-being for Black, Indigenous and racialized communities in Kitchener." Carried 7.2.c Neighbourhood Association Affiliation 2022, CSD -2022-144 "That the list of proposed Neighbourhood Associations, as attached to the Community Services Department report CSD -2022-144, be approved for affiliation for the year 2022 and added to the City's third -party liability insurance program." Carried 7.2.d Huron Community Centre Full Time/Part Time Equivalent Approvals, CSD -2022- 117 "That two full-time equivalent roles and one part-time equivalent role be approved to operate the new Huron Brigadoon Community Centre, as outlined in Community Services Department report CSD -2022-117." Carried 9 7.2.e Winter Parking Prohibitions on Heiman Street, DSD -2022-107 "That the Uniform Traffic and Parking Bylaw be amended for the prohibition of on -street parking on the west (even -numbered) side of Heiman Street from a point 69 m south of Lorne Avenue to the cul-de-sac, from January 1 to March 31, as outlined in Development Services Department report DSD -2022-107." Carried 7.2.f Naming of a Private Street - Wallaceton Subdivision - Block 186 and 187, 58M- 631 - Fusion Homes, DSD -2022-140 "That the City of Kitchener acknowledge that Fusion Homes intends to name a private street: 'Oat Lane' within a multiple residential development located at Wallaceton Blocks 186 and 187 in Registered Plan of Subdivision 58M-631; 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 'Oat Lane,' as outlined in Development Services Department report DSD -2022-140." Carried 7.2.g Drinking Water Quality Management Standard (DWQMS): Management Review Summary for 2021, INS -2022-038 "That the City of Kitchener Drinking Water Quality Management Standard (DWQMS): Management Review Summary for 2021 Report be received for information, as outlined in Infrastructure Services Department report INS -2022-038." Carried 7.2.h Victoria Park Neighbourhood Seasonal Parking Restrictions, DSD -2022-105 "That parking be prohibited on the north (even -numbered) side of Schneider Avenue from David Street to Victoria Park from 10:00 am - 6:00 pm, June 15 to September 15; and, 10 That parking be prohibited on the north (even -numbered) side of Dill Street from David Street to Victoria Park from 10:00 am - 6:OOpm, June 15 to September 15; and, That parking be prohibited on the east (odd -numbered) side of David Street from Dill Street to Hilda Place from 10:00 am - 6:00 pm, June 15 to September 15; and further, That the Traffic and Parking Bylaw be amended accordingly, as outlined in Development Services Department report DSD -2022-105." Carried 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC Mayor B. Vrbanovic provided an update on COVID 19 within the Region. 9.2 Notice of Motion - S. Davey - Advisory Committee Honorariums Councillor J. Gazzola requested a recorded vote. Moved by Councillor S. Davey Seconded by Councillor P. Singh "WHEREAS the City appoints citizen members to advisory and quasi- judicial committees to give advice and provide feedback to city council and standing committees on a variety of issues; WHEREAS residents that are appointed to advisory and quasi-judicial committees are appointed based on their expertise and experience; WHEREAS Council values the feedback and contribution of all Citizen Committee members and appreciate their contribution to the public engagement process; WHEREAS Council values the contributions and inclusion of voices of groups who have been historically underrepresented in Citizen Committees, as outlined by the City's equity, diversity, and inclusion policy; WHEREAS the current practices related to honorariums have been applied and implemented inconsistently, and have never been subject to a fulsome review; 11 THEREFORE IT BE RESOLVED that staff be directed to complete a fulsome equity -informed corporate policy for compensation for members of all City of Kitchener advisory committees and report back to Council prior to the commencement of the next Advisory Committee term." In Favour (10): Mayor B. Vrbanovic, Councillor S. Davey, Councillor D. Schnider, Councillor C. Michaud, Councillor K. Galloway-Sealock, Councillor P. Singh, Councillor B. loannidis, Councillor M. Johnston, Councillor D. Chapman, and Councillor S. Marsh Contra (1): Councillor J. Gazzola Carried, on a recorded vote (10 to 1) 10. QUESTIONS AND ANSWERS 11. BY-LAWS 11.1 1ST AND 2ND READING Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider "That leave be given the Mover and Seconder to introduce the following by-laws, namely: 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 Being a by-law to further amend By-law 2019-113, to regulate traffic and parking on highways under the jurisdiction of the City of Kitchener. 11.1.c Being a by-law to close part of Strasburg Road, in the City of Kitchener. 11.1.d 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.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. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.g Being a by-law to amend By-law 2021-015- Procedural By-law. 12 11.1.h To confirm all actions and proceedings of the Council. 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 D. Chapman. 12.1 ADMINISTRATIVE REPORTS 12.1.a Execution of Indemnifications and Releases pertaining to Bequests to the City - COR -2022-176, COR -2022-176 it was resolved: "That the CAO, Deputy CAO or Department Heads be authorized to execute Indemnifications/Releases pertaining to Bequests to the City under $250,000.00; said documentation to be to the satisfaction of the City Solicitor." Carried 12.2 CAUCUS RESOLUTION 12.2.a Honorarium - Anti -racism Committee V. Raab noted the resolution will approve an honorarium for the Equity Committee in at the amount of $150. per meeting. it was resolved "That staff be directed to implement an honorarium for members of the anti -racism committee for the balance of the current committee term." Carried 12.2.b Employee Benefits - Maternity (Pregnancy) and Parental Leave it was resolved "That a Maternity (Pregnancy) and Parental Leave Sub -Top Up Plan be implemented for permanent full-time non-union and management employees." Carried 13 12.3 FOR INFORMATION 12.3.a Compass Kitchener Annual Work Plan - CAO -2022-162 12.3.b Kitchener's Contribution to Canada Target 1 Protected Areas - INS -2022-131 13. REPORT OF THE COMMITTEE OF THE WHOLE On motion, Council rose from the Committee of the Whole. Moved by Councillor D. Chapman Seconded by Councillor S. Marsh "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 K. Galloway-Sealock Seconded by Councillor M. Johnston "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 No. 2022-043) 14.1.b Being a by-law to further amend By-law 2019-113, to regulate traffic and parking on highways under the jurisdiction of the City of Kitchener. (By Law No. 2022-044) 14.1.c Being a by-law to close part of Strasburg Road, in the City of Kitchener. (By Law No. 2022-045) 14.1.d 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 No. 2022-046) 14 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 No. 2022-047) 14.1.f To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By Law No. 2022-048) 14.1.g Being a by-law to amend By-law 2021-015 - Procedural By-law. (By Law No. 2022-049) 14.1.h To confirm all actions and proceedings of the Council. (By Law No. 2022-050) be taken as read a third time, be finally passed and numbered serially by the Clerk." 15. ADJOURNMENT On motion, the meeting adjourned at 9:05 p.m. ayor Carried 15