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HomeMy WebLinkAboutCouncil Agenda - 2022-12-19Council Meeting Agenda Monday, December 19, 2022, 7:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Pages 1. COMMENCEMENT The electronic meeting will begin with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 2. MINUTES FOR APPROVAL 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request Under Policy MUN-FAC-442 4.1.a ARTA The Romanian Association - December 1, 2022 4.1.b inkstainedwretches.org - May 3, 2023 5. PRESENTATIONS 5.1 Commemoration of Rotary Plaza Adrian DeCoo, Kitchener Rotary, President will be in attendance for the presentation. 6. DELEGATIONS Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by TIME on DATE, in order to participate electronically. 6.1 Access without Fear Policy, listed as item12.2.a. 6.1.a Rawan Hussein, Safe and Healthy Advisory Committee Member 6.2 Official Plan Amendment OPA22/01 1 /D/CD, Zoning By-law Amendment ZBA, 206-210 Duke Street and 46,50 Madison Avenue North, DSD - 2022 -448, listed as item 7.2.c. 6.2.a Paul Raun 6.3 Zoning By-law Amendment ZBA22/009/O/ES, 1257-1265 Ottawa Street South, DSD -2022-461, listed as item 7.2.a. 6.3.a Rock Kam 7. REPORTS OF COMMITTEES 7.1 FINANCE AND CORPORATE SERVICES COMMITTEE - December 12, 2022 7.1.a Fergus Avenue Reconstruction Purchase Order Extension, FIN -2022- 492 That the Purchase Order for T21-092 Fergus Avenue (Weber Street East to Thaler Avenue) Clover Place Reconstruction, issued to Steed and Evans Limited, St. Jacobs, Ontario be increased in the amount of $90,000 funded by an existing surplus in the project account, be approved, as outlined in Financial Services Department report FIN - 2022 -492. 7.1.b KW Woodworking and Craft Centre (KWW&CC) - Extension of Existing Agreement, CSD -2022-481 That the Mayor and Clerk be authorized to execute a five-year funding agreement extension, subject to the satisfaction of the City Solicitor, with the Kitchener Waterloo Woodworking & Craft Centre, as outlined in Community Services Department report CSD -2022-481; and further, That funding of $55,403 for the funding agreement with the Kitchener Waterloo Woodworking & Craft Centre be moved from the Tier 1 grant program and placed into the Neighbourhood Programs and services Page 2 of 33 operating budget. 7.1.c Development Charges, Section 20 Dispute and Hearing Process, COR -2022-498 That the Finance and Corporate Services Committee be delegated the authority of Council to conduct hearings relating to complaints made under section 20 of the Development Charges Act, 1997; and further, That the hearings for section 20 Development Charges disputes be conducted as the per the process as outlined in Corporate Services Department report COR -2022-498. 7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - DECEMBER 12, 2022 7.2.a Zoning By-law Amendment ZBA22/009/0/ES, 1257-1265 Ottawa Street South, DSD -2022-461 That the following motion be referred to the December 19, 2022 Council Meeting to allow Staff an opportunity to receive comments from the applicant regarding the residents that would be displaced as a result of the proposed development: "That Zoning By-law Amendment Application ZBA22/009/O/ES requesting to amend Zoning By-law 85-1, for Thor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' attached to Report DSD -2022-461 as Attachment `A'; and, That Zoning By-law Amendment Application ZBA22/009/0/ES requesting to amend Zoning By-law 2019-051, for Thor Dotsenko and Yuliya Dotsenko and 9474765 Canada Inc. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' attached to Report DSD -2022-461 as Attachment `A'; and, That the Proposed By-law to amend Zoning By-law 2019-051, as amended shall have no force and effect against the subject lands until the date that all appeals relating to By-law 2022-040 (Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b — Applying New Residential Zones on Properties) in relation to the subject lands have been withdrawn or decided and any applicable appeal periods have expired; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application Page 3 of 33 ZBA22/009/0/ES." 7.2.b Draft Plan of Condominium (Vacant Land) - 30CDM-22217, 3241- 3247 King Street East and 108 Cameo Drive, DSD -2022-462 That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, grant draft approval to Condominium Application 30CDM-22217 for 3241-3247 King Street East and 108 Cameo Drive in the City of Kitchener, subject to the conditions shown in Appendix "A". 7.2.c Official Plan Amendment OPA22/01 1 /D/CD, Zoning By-law Amendment ZBA, 206-210 Duke Street and 46,50 Madison Avenue North, DSD -2022-448 That Official Plan Amendment Application OPA22/011/D/CD for The Knossos Housing Corporation of Waterloo Region requesting a change in land use designation from `Medium Density Multiple Residential' to `Medium Density Multiple Residential' with Special Policy Area 8 to permit a multiple residential dwelling development on the lands specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD - 2022 -448 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/018/D/CD for The Knossos Housing Corporation of Waterloo Region be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -2022-448 as Appendix `A'; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/018/D/CD. 7.2.d Kitchener Growth Management Strategy 2022 Annual Monitoring Report, DSD -2022-410 That Report DSD -2022-410 Kitchener Growth Management Strategy 2022 Annual Monitoring Report be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region Municipality of Waterloo regarding delegated approval authority. 7.2.e Official Plan Amendment OPA22/007/K/CD, Zoning By-law Amendment ZBA, 1251 King Street East and 16 Sheldon Avenue South, DSD -2022-449 Page 4 of 33 That Official Plan Amendment Application OPA22/007/K/CD for King Sheldon Kitchener Holdings Inc requesting a land use designation change from "Mixed Use Corridor with Special Policy Area 1' to `Mixed Use Corridor with Specific Policy Area 9' to permit a mixed use development on the lands specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2022-449 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA22/012/K/CD for King Sheldon Kitchener Holdings Inc be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD - 2022 -449 as Appendix `A'; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/012/K/CD. 7.2.f Official Plan Amendment OPA22/003/K/CD, Zoning By-law Amendment ZBA, 4220 King Street East and 25 Sportsworld Crossing Road, DSD -2022-447 That Official Plan Amendment Application OPA22/003/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited requesting a change in land use designations from `Commercial' and `Commercial Campus' to `Mixed Use' to permit a high intensity mixed used development on the lands specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2022-447 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA22/005/K/CD for Tricar Property Limited and 4220 King Street (Kitchener) Limited be approved in the form shown in the `Proposed By-law' as amended to reference a Floor Space Ratio of 5.2, and `Map No. 1', attached to Report DSD -2022-447 as Appendix `A'; and further That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/005/K/CD; 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 ZBA22/005/K/CD. 8. UNFINISHED BUSINESS 8.1 2023 Planning and Engineering User Fees - Deferred from Special Page 5 of 33 0 10. 11 12. Council December 12, 2022 That the following motion be deferred to to the December 19, 2022 Council meeting: "That the Planning Application Fees identified in lines 232 to 319 and two Engineering fees identified as lines 229 and 230, outlined in Appendix 'A' of User Fee Schedule of Financial Services Department report FIN -2022-482, be approved; and further, That the required fee By-laws necessary to implement those fees be referred to the first, second and third readings of the By-laws on the agenda this date." NEW BUSINESS 9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC QUESTIONS AND ANSWERS BY-LAWS 11.1 1ST AND 2ND READING 11.1.a Being a by law to provide for the widening of part of Cedar Street and Madison Avenue as a public highway in the City of Kitchener. 11.1.b Being a by-law to close portions of the public highways known as Spring Valley Road, Arnold Street and Riverbend Drive, in the City of Kitchener. 11.1.c To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.e 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.f 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.g Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. 11.1.h Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 11.1.i To confirm all actions and proceedings of the Council for December 19, 2022. COMMITTEE OF THE WHOLE Page 6 of 33 13. 12.1 ADMINISTRATIVE REPORTS 12.1.a Access Without Fear Policy, CSD -2022-467 That Council approve the Access Without Fear Policy as outlined in Appendix 'B' of CSD -2022-467. 12.1.b Applications for Cancellation, Refund, Reduction of Taxes, FIN -2022- 504 That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $93,821.29 as attached to Financial Services Department report FIN -2022-504, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act"). 12.1.c Strategic Lease Opportunity - 57 Jubilee Dr - DSD -2022-487, DSD - 2022 -487 That the Mayor and Clerk be authorized to execute a lease agreement with Walkinshaw Holdings Inc for the building and space municipally known as 57 Jubilee Drive under the terms and conditions outlined in DSD -2022-487, subject to all necessary permits and approvals being received by Walkinshaw Holdings Inc prior to the execution of the lease, with said agreements to be to the satisfaction of the City Solicitor. 12.2 FOR INFORMATION 12.2.a Summary of Bid Solicitations Approved by the Chief Procurement Officer (July 1, 2022 — September 30, 2022), FIN -2022-507 REPORT OF THE COMMITTEE OF THE WHOLE 14. BY-LAWS 14.1 3RD READING 14.1.a Being a by law to provide for the widening of part of Cedar Street and Madison Avenue as a public highway in the City of Kitchener. 14.1.b Being a by-law to close portions of the public highways known as Spring Valley Road, Arnold Street and Riverbend Drive, in the City of Kitchener. 14.1.c To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 14.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 14.1.e To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 0 21 25 29 Page 7 of 33 14.1.f 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. 14.1.g Being a by-law to amend Chapter 710 of The City of Kitchener Municipal Code with respect to Building Permits and Fees. 14.1.h Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 14.1.1 To confirm all actions and proceedings of the Council for December 19, 2022. 15. ADJOURNMENT Page 8 of 33 Staff Report J IKgc.;i' r� R Community Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 19, 2022 SUBMITTED BY: Mark Hildebrand, Director, Neighbourhood Programs & Development PREPARED BY: Elin Moorlag Silk, Manager, Service Coordination & Improvement WARD(S) INVOLVED: All Wards DATE OF REPORT: December 1, 2022 REPORT NO.: CSD -2022-467 SUBJECT: Access Without Fear Policy RECOMMENDATION: That Council approve the Access Without Fear Policy as outlined in Appendix B of CSD - 2022 -467 REPORT HIGHLIGHTS: The purpose of this report is to present, for Council consideration, a new Access Without Fear policy, which was developed through the work of the Safe & Healthy Community Advisory Committee, followed by a motion brought to Council on April 4t", 2022 by Councillor Michaud, which was carried unanimously by City Council. The Access Without Fear policy outlines that Kitchener residents with uncertain or no immigration status may fully access municipal services and may do so without fear that the City of Kitchener will ask for and/or provide information about their immigration status to other institutions or orders of government. This policy was developed through ongoing consultation with members of the Safe & Healthy Community Advisory Committee, all of whom are members of the Kitchener community. BACKGROUND: The vast majority of immigrants, migrants or refugees enter the country through authorized channels as refugee claimants, or as individuals with a valid student visa, temporary foreign workers visa, or with a visitor visa. However, their status sometimes changes for a variety of reasons, including sponsorship breakdown, a denied refugee claim or expiry of study or work permits. A person's situation becomes extremely perilous when they lose their permits as they are subject to detention and deportation; can work in poor conditions; become socially isolated; face poverty, abuse, and exploitation; and may affect an individual's ability to safely access essential services or programming. Immigration status is a social determinant of health and wellbeing, and such fears prevent people from seeking the support they need from government and community agencies of all types. The development of Access Without Fear policies are intended to help reduce fear of deportation and possible family break-up among people who are in the country without status, and so that *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 9 of 33 such people will be more willing to use health and social services, enroll their children in schools and recreation programs and access other necessary and essential services. Using existing Access Without Fear policies passed by other Canadian municipalities and borrowing language from the recently -passed Corporate Equity, Inclusion & Anti -Racism policy (GOV-COR-2025), an Access Without Fear policy was drafted for the City of Kitchener under the direction of the Safe & Healthy Community Advisory Committee. The policy has been reviewed and revised by members of the Advisory Committee and key stakeholders across the corporation (Legislated Services, Human Resources, Legal Services) as well as members of the corporate senior leadership team. REPORT: Access Without Fear Policy The purpose of this policy is to clarify and affirm the City's commitment to providing access to City services to Kitchener residents with uncertain or no immigration status. The policy clearly outlines that Kitchener residents with uncertain or no immigration status may fully access municipal services and may do so without fear that the City of Kitchener will ask for and/or provide information about their immigration status to other institutions or orders of government. This policy is a practical example of the City's commitment, outlined in the Equity, Inclusion and Anti -Racism Policy (GOV-COR-2025), to develop and foster an organization where equity, inclusion and anti -racism are core principles which help shape the City's policies, programs, services and procedures. The central statements outlined in the policy are the following: 4.2 Policy Statements a) Access to City services is not dependent on immigration status City services will be provided regardless of immigration status. Further, City of Kitchener staff and direct volunteers will not ask for or otherwise seek out an individual's immigration status as a condition of providing City services. b) Privacy of Information The City of Kitchener will carefully uphold and enforce privacy legislation as outlined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) to ensure that any and all personal information concerning immigration status is not requested or gathered in the course of providing City services. The City does not currently require the collection of immigration status in order to access any services provided by the City. In the event that personal information concerning immigration status is disclosed voluntarily, the City will not document or share this information with other levels of government and will protect the information in accordance with applicable privacy and disclosure laws. Application of the Policy Page 10 of 33 This policy applies to the following City services including, but not limited to: Community Services • Fire, including Public Education, Prevention and Emergency Response • Neighbourhood Programs and Services, including access to Community Centres, children's and youth services, older adult services, inclusion support, neighbourhood development, volunteer opportunities, and rental of city facilities • Sport and Recreation, including access to pools, arenas and golf facilities • By-law enforcement • Corporate Customer Service, including access to the 24/7 Corporate Contact Centre phone service and City Hall Service Centre Corporate Services • Licensing, including birth, death, marriage and business licensing • Human Resources - Applying for jobs at the City of Kitchener' • Public Council and Committee meetings, including registering as a delegate to Council or contacting the Office of the Mayor and Council Development Services • Building, including access to building permits and inspections • Economic Development, including access to Kitchener Market programming, special events programming, the Waterloo Region Small Business Centre and rental of City facilities • Planning processes, development applications, sign permits • Engineering, including project & design approvals, project construction & development processes, and infrastructure locate processes • Transportation Services, including access to parking, transportation design and facilities and transportation safety Financial Services • Revenue, including access to customer services for utilities and taxation billing and collections, and processing payments for parking tickets, licenses, and permits Infrastructure Services • Gas and Water Utilities, including meter installation, hot water rentals and responding to gas or water emergencies • Parks and Cemeteries, including access to all City of Kitchener parks and amenities • Sanitary & Stormwater Utilities, including response to emergency residential sewer backups and drainage/flooding issues • Roads & Traffic, including ability to safely access all roads • Facilities Management, including access to Corporate Security Services 1 Although reporting on citizenship status is not required as part of the City of Kitchener job application process, applicants are asked if they are legally eligible to work in Canada Page 11 of 33 In terms of implementation, the Access Without Fear policy applies to all public -facing services provided by the municipality and applies to all staff and direct volunteers who oversee or directly provide services to the public. Further, in the application section of the policy, the following points are outlined: • Enforcement of this policy is the responsibility of all municipal leaders (supervisors, managers, directors, and department heads) across the organization. • City employee and volunteer conduct which contravenes the expectations set out in this policy will be subject to corrective action which may include discipline. • If members of the public have concerns about the City's application of this Access Without Fear policy, a complaint can be submitted directly to the City of Kitchener or through the Ombudsman of Ontario • The City is committed to providing ongoing information and instruction to all leaders, and where relevant, staff and direct volunteers, to ensure understanding and practical application of the Access Without Fear policy. • This policy will be publicly posted on the City's website and service providers and community partners supported or funded by the City of Kitchener will be encouraged to adopt and support the principals outlined Please see Appendix B for the complete Access Without Fear policy. STRATEGIC PLAN ALIGNMENT: This report supports A Caring Community. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — If this policy is approved, the $12,000 operating budget for the Safe & Healthy Community Advisory Committee will be used to fund the staff training module development and public awareness campaign that will accompany the policy rollout in 2023. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. COLLABORATE — This policy was developed through ongoing consultation with members of the Safe & Healthy Community Advisory Committee, all of whom are members of the Kitchener community. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Michael May, DCAO & General Manager, Community Services Department ATTACHMENTS: Appendix A — Motion to Council, April 4t", 2022 Appendix B — Draft Access Without Fear policy Page 12 of 33 APPENDIX A: Motion to Council Special Council Meeting April 04, 2022 at 2:00 p.m. Electronic Meeting Notice of MotionCouncillor i Access Without Fe icy Moved by Councillor C. Michaud Seconded by Councillor M. Johnston "WHEREAS the Safe and Healthy Advisory Committee is one of the City's citizen committees of council that comment and give advice on a wide range of topics that affect the health and safety of the Kitchener community; and, WHEREAS for this past term, as part of their workplan the Committee has been pursuing research and the necessary work and engagement to bring forward recommendations for Council's consideration for the development of an Access Without Fear policy at the City of Kitchener; and, WHEREAS there are an estimated 200,000 to 500,000 non -status migrants that are living across Canada, who enter the country through authorized channels as refugee claimants, with valid student visas, as temporary foreign workers, or with a visitor visa, but find themselves becoming a non -status person in Canada through the loss of these permits; and, WHERAS a person's situation becomes extremely perilous when they lose their permits as they are subject to detention and deportation; can work in poor conditions; become socially isolated; face poverty, abuse, and exploitation; and may affect an individual's ability to safely access essential social services; and, WHEREAS an Access Without Fear Policy is a municipal policy that allows persons without status the freedom to access city services and reduces the fear of deportation among people who are in the country without status; and, and social services, and enroll their children in schools, recreation programs etc. THEREFORE, BE IT RESOLVED that staff be given direction to work with the Safe and Healthy Advisory Committee on bringing forward an Access Without Fear Policy, for Council's consideration and approval, which does the following Page 13 of 33 1. Outlines the City of Kitchener's commitment to supporting non -status migrants in the City of Kitchener; 2. Clarifies the City services that can be accessed by persons without status as well as a grievance process related to accessing any listed City Services; 3. Outlines the training necessary for City staff to support those without status in gaining access to City services; and, 4. Encourages service providers and Community Partners, supported or funded by City of Kitchener, to adopt and support the principals of an Access Without Fear policy; BE IT FURTHER RESOLVED that a public education campaign be developed to raise awareness about the City of Kitchener's Access Without Fear policy, and that persons who find themselves without status, can access City services without fear." Page 14 of 33 APPENDIX B: Draft Access Without Fear Policy 1 POLICY Policy No: Cliiic,, Ili ,we tii�i enter Ile :t. Policy Title: Access Without Fear Approval Date: 111uc,,,, II iere If:o) enter a date. Policy Type: COUNCIL Reviewed Date: CWliic; , Ilx°ueri,D to enter Category: Governance t !<t. Sub -Category: Corporate Next Review Date: CWliic, Ilx°iere to enter t:, :t Author: Safe & Healthy Community Reviewed Date: Cl ic[,, here o ert r Advisory Committee t�!1(t. Dept/Div: Community Services Last Amended: CIlick here a Department/Neighbourhood date. Programs & Services Replaces: CIliick Ili ire! t:) enter te;,il:t. Repealed: CIic1I II ...w : t.:ii en(i..,r a date Replaced b- here to ii:liter to:11(t, Related Policies, Procedures and/or Guidelines: GOV-COR-2025 Equity, Inclusion & Anti -Racism Policy HUM -WOR -060 Discipline Policy GOV-COR-015 Corporate Accountability & Transparency Policy POLICY PURPOSE: The purpose of this policy is to clarify and affirm the City's commitment to providing access to City services to Kitchener residents with uncertain or no immigration status. The policy clearly outlines that Kitchener residents with uncertain or no immigration status may fully access municipal services and may do so without fear that the City of Kitchener will ask for and/or provide information about their immigration status to other institutions or orders of government. This policy is a practical example of the City's commitment, outlined in the Equity, Inclusion and Anti -Racism Policy (GOV-COR-2025), to develop and foster an organization where equity, inclusion and anti -racism are core principles which help shape the City's policies, programs, services and procedures. Page 15 of 33 This policy applies only to services provided by the City of Kitchener. The Government of Canada has jurisdiction over immigration policies and regulations including law enforcement activities related to border management and immigration control. As these activities are under the jurisdiction of the federal government, this policy relates only to the area of access to municipal services under the jurisdiction of the City. This policy does not apply to the Municipal, Council and School Board elections, which do require proof of citizenship for both candidates and voters. 2. DEFINITIONS: Anti -Racism: means understanding and dismantling racism. It is a change and transformation focused practice and requires action. It is not anti -racism if a conversation is not followed by concrete actions and accountability. Equity: An equity approach creates the conditions for fair and equal access and opportunity for everyone, by addressing discriminations, exclusions and barriers experienced by distinct groups. Equity is not the same as equality, nor is it the same as inequality. Inclusion: The achievement of an environment in which all individuals are treated fairly and respectfully, have equal access to opportunities and resources, and can contribute fully to the organization's success. Immigration Status: Kitchener residents have diverse immigration status, including those with Canadian citizenship, permanent residency, temporary residency, and uncertain or no status. For the purpose of this policy, we refer to two specific categories of status: individuals with no immigration status and those with uncertain status. L No Status: this term is used to describe individuals who reside or work without authorization, who have no immigration status, or who are generally referred to as `undocumented,' i.e. their documentation is not accepted or recognized by the state and therefore the individuals have no lawful status of residence. For example, newcomers arriving in Canada through regular channels may come to a point where their visa has expired, or find that their circumstances have changed such that their work permit is no longer valid. ii. Uncertain Status: For the purpose of this policy, uncertain status refers to individuals with pending and/or unknown immigration status. For example, an individual who has received a negative decision in their refugee application, and is actively appealing that decision, would be deemed to have uncertain immigration status. Refugee: The following is adapted from the United Nations High Commissioner for Refugees (UNHCR) 1951 Refugee Convention: Individuals, who are outside of the country of their nationalities and are unable to or unwilling to return to their country Page 16 of 33 of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. 3. SCOPE: This policy applies to the following City services including, but not limited to: Community Services • Fire, including Public Education, Prevention and Emergency Response • Neighbourhood Programs and Services, including access to Community Centres, children's and youth services, older adult services, inclusion support, neighbourhood development, volunteer opportunities, and rental of city facilities • Sport and Recreation, including access to pools, arenas and golf facilities • By-law enforcement • Corporate Customer Service, including access to the 24/7 Corporate Contact Centre phone service and City Hall Service Centre Corporate Services • Licensing, including birth, death, marriage and business licensing • Human Resources - Applying for jobs at the City of Kitchener2 • Public Council and Committee meetings, including registering as a delegate to Council or contacting the Office of the Mayor and Council Development Services • Building, including access to building permits and inspections • Economic Development, including access to Kitchener Market programming, special events programming, the Waterloo Region Small Business Centre and rental of City facilities • Planning processes, development applications, sign permits • Engineering, including project & design approvals, project construction & development processes, and infrastructure locate processes • Transportation Services, including access to parking, transportation design and facilities and transportation safety 2 Although reporting on citizenship status is not required as part of the City of Kitchener job application process, applicants are asked if they are legally eligible to work in Canada Page 17 of 33 POLICY APPLIES TO THE FOLLOWING: 0 All Employees ❑ All Full -Time Employees ❑ All Union ❑ Management ❑ C.U.P.E. 68 Civic ❑ Non Union ❑ C.U.P.E. 68 Mechanics ❑ Temporary ❑ C.U.P.E. 791 ❑ Student ❑ I.B.E.W.636 ❑ Part -Time Employees ❑ K.P.F.F.A. ❑ Specified Positions only: 0 Other: Direct Volunteers ❑ Council ❑ Local Boards & Advisory Committees This policy applies to the following City services including, but not limited to: Community Services • Fire, including Public Education, Prevention and Emergency Response • Neighbourhood Programs and Services, including access to Community Centres, children's and youth services, older adult services, inclusion support, neighbourhood development, volunteer opportunities, and rental of city facilities • Sport and Recreation, including access to pools, arenas and golf facilities • By-law enforcement • Corporate Customer Service, including access to the 24/7 Corporate Contact Centre phone service and City Hall Service Centre Corporate Services • Licensing, including birth, death, marriage and business licensing • Human Resources - Applying for jobs at the City of Kitchener2 • Public Council and Committee meetings, including registering as a delegate to Council or contacting the Office of the Mayor and Council Development Services • Building, including access to building permits and inspections • Economic Development, including access to Kitchener Market programming, special events programming, the Waterloo Region Small Business Centre and rental of City facilities • Planning processes, development applications, sign permits • Engineering, including project & design approvals, project construction & development processes, and infrastructure locate processes • Transportation Services, including access to parking, transportation design and facilities and transportation safety 2 Although reporting on citizenship status is not required as part of the City of Kitchener job application process, applicants are asked if they are legally eligible to work in Canada Page 17 of 33 Financial Services Revenue, including access to customer services for utilities and taxation billing and collections, and processing payments for parking tickets, licenses, and permits Infrastructure Services • Gas and Water Utilities, including meter installation, hot water rentals and responding to gas or water emergencies • Parks and Cemeteries, including access to all City of Kitchener parks and amenities • Sanitary & Stormwater Utilities, including response to emergency residential sewer backups and drainage/flooding issues • Roads & Traffic, including ability to safely access all roads • Facilities Management, including access to Corporate Security Services 4. POLICY CONTENT: 4.1 Preamble and Rationale The vast majority of immigrants, migrants or refugees enter the country through authorized channels as refugee claimants, or as individuals with a valid student visa, temporary foreign workers visa, or with a visitor visa. However, their status sometimes changes for a variety of reasons, including sponsorship breakdown, a denied refugee claim or expiry of study or work permits. A person's situation becomes extremely perilous when they lose their permits as they are subject to detention and deportation; can work in poor conditions; become socially isolated; face poverty, abuse, and exploitation; and may affect an individual's ability to safely access essential services or programming. Immigration status is a social determinant of health and wellbeing, and such fears prevent people from seeking the support they need from government and community agencies of all types. The development of Access Without Fear policies are intended to help reduce fear of deportation and possible family break-up among people who are in the country without status, so that such people will be more willing to use health and social services, enroll their children in schools and recreation programs and access other necessary and essential services. 4.2 Policy Statements a) Access to City services is not dependent on immigration status City services will be provided regardless of immigration status. Further, City of Kitchener staff and direct volunteers will not ask for or otherwise seek out an individual's immigration status as a condition of providing City services. b) Privacy of Information Page 18 of 33 The City of Kitchener will carefully uphold and enforce privacy legislation as outlined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) to ensure that any and all personal information concerning immigration status is not requested or gathered in the course of providing City services. The City does not currently require the collection of immigration status in order to access any services provided by the City. In the event that personal information concerning immigration status is disclosed voluntarily, the City will not document or share this information with other levels of government, and will protect the information in accordance with applicable privacy and disclosure laws. 4.3 Application of the Policy a) This policy applies to all City of Kitchener employees who oversee or directly provide services outlined in Section 3 (Scope). b) This policy applies to all direct City of Kitchener volunteers, which includes those who perform a task under the direct supervision of City staff on behalf of the City of Kitchener. Direct volunteers are those who are recruited, screened, trained, supervised and recognized by City staff. c) Enforcement of this policy is the responsibility of all municipal leaders (supervisors, managers, directors, and department heads) across the organization. d) City employee and volunteer conduct which contravenes the expectations set out in this policy will be subject to corrective action which may include discipline. All disciplinary procedures will be implemented in accordance to the Collective Agreement or relevant Human Resources processes outlined for the employee or volunteer being disciplined. e) If members of the public have concerns about the City's application of this Access Without Fear policy, a complaint can be submitted directly to the City of Kitchener through our online "contact us" forma, calling our 24/7 corporate contact centre line at 519-741-2345, or coming to City Hall to speak to someone in person at our customer service centre. Alternatively, a complaint can be made to the Ombudsman of Ontario4, whose role it is to promote fairness, accountability and transparency in the public sector by investigating public complaints and systemic issues within Canadian municipalities, as per the City's Corporate Accountability & Transparency policy5. f) The City is committed to creating a workplace culture where leaders, staff and volunteers are aware of, understand, and apply the principles of the Access Without Fear policy in their roles at the City. Thus, the City is committed to providing ongoing information and instruction to all leaders, and where relevant, 3 https://www.kitchener.ca/Modules/email/emailattachment.aspx?CV2=tnSwgWBsWafyVgYUuEZiSOAeQuAleQuAl&ref=https://www.kitchener.ca/en 4 https://www.ombudsman.on.ca/ 5 httl)://Ifl)rodas/weblink/0/edoc/1541453/GOV-COR-015%20-%2OCorr)orate%2OAccountability%20%2OTransparency.Ddf Page 19 of 33 5 5. staff and direct volunteers, to ensure understanding and practical application of the Access Without Fear policy. g) This policy will be publicly posted on the City's website and service providers and community partners supported or funded by the City of Kitchener will be encouraged to adopt and support the principals of an Access Without Fear policy. POLICY REVIEW The City is committed to conducting a review of this policy once every five years. If changes or amendments to the policy are made, all relevant staff and volunteers across the organization will be notified of the changes and encouraged to read the updated policy. HISTORY OF POLICY CHANGES Administrative Updates The date (yyyy-mm-dd) and a short annotation on the nature of the change to reflect the current corporate structure i.e. Departmental re -organization / Titling changes / Standing Committee restructuring. [Start typing here] Formal Amendments The date of the resolution passed by Council or CLT, for example, "2020-01-20 - As per Council/CLT directive" [Start typing here] Page 20 of 33 StaffReport xmllf ER finance and Corporate Services Department www.kitchener ca REPORT TO: Committee of the Whole DATE OF MEETING: December 19, 2022 SUBMITTED BY: Saleh Saleh, Director of Revenue, 519-741-2200 ext. 7346 PREPARED BY: Feras Abdulhadi, Tax Specialist, 519-741-2200 ext. 7440 WARD(S) INVOLVED: All DATE OF REPORT: November 30, 2021 REPORT NO.: FIN -2022-504 SUBJECT: Applications for Cancellation, Refund, Reduction of Taxes — December 19th Hearing RECOMMENDATION: That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $93,821.29 as attached to Financial Services Department report FIN -2022- 504, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act'). BACKGROUND: Sections 354 and 357 of the Act allow the local municipality to write-off, cancel, reduce or refund all or part of taxes levied on land in the year in respect of which the application is made for certain specific reasons as laid out in these sections of the Act. REPORT: Twenty-three applications for adjustment of taxes under Sections 354 and 357 of the Act were processed, resulting in a net reduction of taxes in the amount of $93,821.29. The required notices to the affected parties were sent out in accordance with the relevant legislation. The following table shows a breakdown of the reduction in taxes in this report by the applicable reason. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 21 of 33 Relevant subsection of the Act Reason for Application Total Taxes Reduced 357(1)(a) Ceases to be liable for tax at rate it was taxed $7,815.02 357(1)(c) Became exempt $5,087.22 357(1)(d)(i) Razed by fire, demolition or otherwise $33,724.14 357(1)(d)(ii) Damaged and substantially unusable - 357(1)(f) Gross or manifest clerical/factual error (in the assessment roll) - 357(1)(g) Repairs/renovations preventing normal use $47,194.91 Total $93,821.29 STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The tax reductions are shared with the Regional Municipality of Waterloo and the School Boards. The net effect to the City of Kitchener is a reduction in current year revenue, including a reduction in City levies of $ 27,397.52 and a reduction in BIA levies of $1,028.01 dollars, both of which are accommodated within the 2022 Operating Budget. The City share forms part of the year's net supplementary taxes and write-offs, which carries a net revenue budget of $1.1 million annually. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council meeting. The required notices to the affected parties were sent out in accordance with the relevant legislation under Section 357 of the Act. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer. Page 22 of 33 U) E N O a U) ti 4) Lo N M O U a 0 C7 O � d Q i I O O O O O O O O O O O O O O O N O O O O O O O CL O I ' W N h OD N V Cl LO 00 co LO (D 00 O co I 0 cn M co (� N 001 O f� M M cp M Z Z co I M W (W w (W i I I 2 2 oo oo cm CD c 0 0 (D co coN coN f�D (MD (0 D (D M co M I M M M Lo Lo Ln � N N N N N N N N O O O O o O O o O O O O O O O o O O N N O O O O co n CD O O O O O O O O z; i I O O O O r O O O N O N j o co O s ((1 1 s � W C> N N I I N N N N O O LD LO O O it it ❑ ❑ cc Elf W W I i i N N N N LO LO LO LO V V 0 0 0 (D (D V V 0 V V O O 0 I O O O N N I,: co O a C. 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O P, C7 co 7 7 r I% I` i i M CV ti N N O> T In N LO O v 0 N LO L V N LO CD r` N N P\ M (D (D V M (O CO LO O W) Cl) M N M M M Q `o N N N t W N N N N O N N N O O O N o H o 0 0 0 0 0 0 0 C', - N N N N Q \ N N N N N N N N(C O O_ y QO_ O O CO O_ O OO OO N '-av 0 0 0 0 o O M o 0 0 0 0 0 0 U N � � a Q> LO M L L d 5 L o R O _ E !C L � LO 0 S '0 E N CO (D Z Z > > cn rn U) r �rj U W w (0 U) U) N Z Z J E w > d OY Y W NNO O O W H m O U) w 0ZZ N W Q o CL aa W W wm LL LL Lo LoO'7 > > > c m M (D (D 7 7 P COrI COJ O 00 O LO Q N Q N i CL ti v MP, 0> 0) v o o M v rl- w 0> 00 o It a a r- aq 00 a a a a Cl) M M a N II LO LO LO a i Lo Lo W) W) W) W) LO 'T LO w v v O O v O v O '� d Q v O v o v o v O v O v O v O O v O Q O O O o v O O O O O O O O O N Q. a 0 N O N N0 w N O O O O O O O II O O O O O O O O O O O O O O O O O O II ,^ N O O O V C Nti r� r` O C '0 W O O O N O fD CD N { O p Q N Lc) V V 0) N # V 0) 0) r- N co O 00 00 N L (� 0)O N O O N Cl O O O O O O N O N O O O O O O O O O O E O O O O 0 O O O O O O O O O ~ j O O O O M O M O M O V O VW) O O W) O W) O (D O O L O _ i Z �' E •� i cc E N E r 7 = d rd - (r - W - 7 w N N N N rn N U) N N Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 19, 2022 SUBMITTED BY: Cory Bluhm, Executive Director Economic Development, 519-741- 2200 ext 7065 PREPARED BY: Brian Bennett, Manager Business Development, 519-741-2200 ext 7230 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 14, 2022 REPORT NO.: DSD -2022-487 SUBJECT: Strategic Lease Opportunity — 57 Jubilee Drive RECOMMENDATION: That the Mayor and Clerk be authorized to execute a lease agreement with Walkinshaw Holdings Inc for the building and space municipally known as 57 Jubilee Drive under the terms and conditions outlined in DSD -2022-487, subject to all necessary permits and approvals being received by Walkinshaw Holdings Inc prior to the execution of the lease, with said agreements to be to the satisfaction of the City Solicitor. REPORT HIGHLIGHTS: • The purpose of this report is to authorize the execution of a lease agreement with Walkinshaw Holdings Inc for operation of 57 Jubilee Drive. • The key finding of this report is Walkinshaw Holdings Inc was the successful proponent of a competitive process to select a new operator for the Boathouse, and as such, a lease may now be executed. • The financial implications are Walkinshaw Holdings Inc will cover the capital costs associated with any renovations and will pay the City rent for a period of 10 years, with an option for an additional 5 years. • Community engagement included advertising the request for proposals process to the City's website and the posting of various media releases at key milestones during the selection process. • This report supports a vibrant economy. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 25 of 33 BACKGROUND: The Boathouse located at 57 Jubilee Drive has been a key asset of Victoria Park and Kitchener's history for decades. In November 2019, the previous operator discontinued operating the Boathouse, with the City's intention to issue a new Request for Proposal (RFP) to establish a new operator. This process was delayed as a result of the pandemic and uncertainty in the food and beverage sector with mandated Provincial lockdowns. An RFP was issued in November of 2021, closing in January 2022. The intent of the RFP process was to receive responses from experienced and qualified operators of a high-quality food service business and/or live music and entertainment venue operators, conduct a process to identify the highest rated proponent, and then enter into a partnership through a lease agreement. The highest rated proponent was identified, and subject to further approvals, a future lease agreement may be executed to enable their vision for the space to proceed. REPORT: Request for Proposals to operate the Boathouse was advertised publicly on the City of Kitchener website. Documents were downloaded by nine (9) interested parties and by the closing date of Monday January 10, 2022, two (2) proposals had been received. A listing of the responding parties follows for your reference: Walkinshaw Holdings Inc. Kitchener ON, Cultura Cafe Kitchener ON. Proponents had to satisfy minimum requirements including: • Combined 5 years food service and/or entertainment experience; • Minimum $300,000 working capital and 3 years pro forma financial statements; and, • Minimum proposed lease rate of $18/sq ft. The proposal submissions were rated on the following criteria: • Statement of Interest and Community Benefit; • Proposed Use and Operations; • Business Team Experience and Qualifications; • Term of Lease and Base Lease Rate; • Estimated Proponent Improvements Costs; and, • Financial Capability. Based on the Committee's recommendation, the project was awarded to Walkinshaw Holdings Inc through Procurement Policy 2017-106, who met all of the minimum mandatory requirements. Proponents Vision The proposal from Walkinshaw Holdings Inc. envisions transforming the Boathouse into an iconic venue for live music and food with indoor and outdoor entertainment. To do so, the outdoor patio would be expanded and improvements would be made to the washrooms, windows and main entrance. Page 26 of 33 Figure 1 — Rendering of the Proposed Vison Terms of the Lease Agreement Staff recommend entering into a lease agreement with Walkinshaw Holdings Inc. for a 10 - year term with an option to renew for an additional term of 5 years. The lease rate in year 1 would be $20/sq ft increasing annually to $21.65/sq ft by year 5. After year 5, the lease rate would increase annually at the rate of inflation. Execution of the lease would be subject to Walkinshaw Holdings Inc obtaining all of the necessary permits and approvals in advance. On November 1, 2022 the Heritage Committee reviewed the proposed alterations and unanimously approved the Heritage Permit. Walkinshaw Holdings will also: • Provide community use of the dining room or patio one day per week; • Highlight local craft breweries; • Operate a take-out window; • Local paid music artists will perform a minimum of 2 days per week; • Establish a Boathouse local arts fund; • Establish a Community Advisory Committee representing the community make-up to ensure programming is inclusive and diverse; and, • Be responsible for the maintenance and repair of the patio. STRATEGIC PLAN ALIGNMENT: This report supports A Vibrant Economy. Page 27 of 33 FINANCIAL IMPLICATIONS: This is a revenue generating opportunity that will provide community benefit. A portion of the rent revenues are transferred to the Economic Development Reserve annually to repay the capital investment made to the building in 2014. Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: FIN -2022-412 - Strategic Lease Opportunity HPA-2022-V-027 — Victoria Park Boathouse Proposed Alterations APPROVED BY: Justin Readman, General Manager, Development Services Page 28 of 33 Staff Report J IKgc.;i' r� R Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: December 19, 2022 SUBMITTED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214 PREPARED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214 WARD(S) INVOLVED: N/A DATE OF REPORT: November 28, 2022 REPORT NO.: FIN -2022-507 SUBJECT: Summary of Bid Solicitations Approved by the Chief Procurement Officer (July 1, 2022 — September 30, 2022) RECOMMENDATION: For Information REPORT HIGHLIGHTS: • The purpose of this report is to provide a quarterly update on Procurements that have been approved through delegated authority in accordance with the Procurement By-law 2022-109. • There were twenty-four (24) bid solicitations approved in this quarter. • There were six (6) bid solicitations approved in accordance with FIN -2022-149 Temporary Measures — Supply Chain and Inflationary Trends. • This report supports the delivery of core services. BACKGROUND: In accordance with the Procurement By-law 2022-109 (Chapter 170 Municipal Code), section 27.1. "The CPO must submit quarterly procurement information reports to Council to provide the following information about the City's procurement activities: a) The circumstances and details of approved procurements exceeding $120,000 in value, under delegated authority of the CPO; and b) the circumstances and details of any emergency purchase(s) with a procurement value exceeding $120,000." In March 2022, Council approved FIN -2022-149 Temporary Measures — Supply Chain and Inflationary Trends. The temporary measures expire December 31, 2022. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 29 of 33 REPORT: Attachment 1 is a listing of the twenty-four (24) approved bid solicitations for Council's information. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: All bid solicitations awarded by the Chief Procurement Officer, were within approved budgets, or were approved in accordance with FIN -2022-149 Temporary Measures — Supply Chain and Inflationary Trends. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department ATTACHMENTS: Attachment 1 — Listing of Approved Bid Solicitations (July 1, 2022 — September 30, 2022) Page 30 of 33 N N O N T N m 'O MN W a) O Q Q Q W- 0 _y J t u m AW co co 4- 0 C'7 a) O7 cv C) o m _ O O O LO N 2 O Un Q O N p p O CO E O O -o N N O Li) O CO Q O N � � m 00 M w E m O UD 60- co co 3 H? 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