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
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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. ***
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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,,
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Policy Title:
Access Without Fear
Approval Date:
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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
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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
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