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HomeMy WebLinkAboutCouncil Minutes - 2023-01-30Council Meeting Minutes January 30, 2023, 7:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: Mayor B. Vrbanovic Councillor S. Davey Councillor D. Schnider Councillor J. Deneault Councillor C. Michaud Councillor A. Owodunni Councillor P. Singh Councillor B. loannidis Councillor M. Johnston Councillor D. Chapman Councillor A. Clancy Staff: D. Chapman, Chief Administrative Officer M. May, General Manager, Community Services and Deputy Chief Administrator V. Raab, General Manager, Corporate Services J. Readman, General Manager, Development Services J. Lautenbach, Chief Financial Officer, Financial Services D. McGoldrick, General Manager, Infrastructure Services B. Rowland, Director, Corporate Communications and Marketing A. Fusco, Director Legislated Services / City Clerk G. Stevenson, Interim Director, Planning D. Saunderson, Deputy Clerk 1. COMMENCEMENT The meeting began with a Land Acknowledgement given by the Mayor and the singing of "O Canada." Mayor B. Vrbanovic acknowledged the National Day of Remembrance of the Quebec City Mosque Attack and Action against Islamophobia and celebration of Black Heritage Month in February. 1 2. MINUTES FOR APPROVAL On motion by Councillor Johnston the minutes of the regular meeting held December 19, 2022, and special meetings held November 21, November 28, December 12 and December 19, 2022; and, January 9, January 16, and January 23, 2023 as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request Under Policy MUN-FAC-442 4.1.a Hopa-Tropa, Eh -ha - March 3, 2023 - March 7, 2023 4.1.b Irish Real Life Festival - March 11, 2023 - March 18, 2023 4.1.c Canada Vietnam Society -September 1, 2023 -September 4, 2023 5. PRESENTATIONS 5.1 World Council on City Data (WCCD) ISO 37120 - Platinum Certification Patricia McCarney and James Patava, World Cities were in attendance to present the City with the ISO 37120 - Platinum Certification award. Councillor J. Deneault left the meeting at this time. Councillor P. Singh left the meeting at this time. Councillor. J. Deneault re-entered the meeting at this time. 6. DELEGATIONS 6.1 Strategic Plan 2023-2026 - Compass Kitchener Advisory Committee Community Priorities, CAO -2023-047, listed as item 12.2.a. Angie Fritz -Walters, Engagement & Program Manager, Strategic Planning, provided background on the development of the 2023-2026 Strategic Plan and introduced the J. Stephen -Wells and T. Glover the Chair and Vice -Chair of Compass Kitchener. J. Stephen -Wells and T. Glover provided a presentation to Council regarding engagement activities undertaken in the development of community priorities of the 2023-2026 Strategic Plan. Priorities were developed with the overarching principles of equity, diversity, inclusion and effective collaboration relationships E considered. Community priorities include; Housing Affordability, Belonging, Welcoming and Inclusive Community, Support for Newcomers, Environmental Sustainability, Urban Growth, How We Move Around the City, and Public Engagement. Councillor P. Singh re-entered the meeting at this time. Councillor D. Schnider left the meeting at this time. Brooklin Wallis addressed Council in support of the priorities identified and requested improved cycling infrastructure and winter maintenance for cycling lanes. Councillor D. Schnider re-entered the meeting at this time. Councillor P. Singh left the meeting at this time. Councillor P. Singh re-entered the meeting at this time. 6.2 Housing and Homelessness 6.2.a Nabil Kohistani Nabil Kohistani address Council regarding the homelessness crisis in the City, noting support for inclusionary Zoning and Bill 23, More Homes Faster Act as mechanisms for addressing the housing shortage and affordability. N. Kohistani stated housing as a fundamental need and the need to treat those who are experiencing homelessness with dignity and respect. 7. REPORTS OF COMMITTEES 7.1 AUDIT COMMITTEE - DECEMBER 19, 2022 Moved by Councillor S. Davey Seconded by Councillor B. loannidis "That the report of the Audit Committee, dated December 19, 2022, listed as items 7.1.a to 7.1.c on the agenda this date, be adopted." 7.1.a External Audit Planning Report for Fiscal Year 2022, FIN -2022-520 "That the Audit Planning Report for the year ended December 31, 2022 prepared by KPMG, attached as Appendix A to Financial Services Department report FIN - 2022 -520 be approved." Carried 3 7.1.b 4th Quarter 2022 Audit Status Report, CAO -2022-500 "That Chief Administrative Office report CAO -2022-500, regarding the 4th Quarter 2022 Audit Status Report, be received for information." Carried 7.1.c 2023 Internal Audit Work Plan, CAO -2022-494 "That the 2023 Internal Audit work plan be approved as outlined in Chief Administrative Office report CAO -2022-494." Carried 7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JANUARY 9, 2023 It was noted there was an additional report included in the agenda related to Item 7.2.e on the Planning and Strategic Initiatives Committee report, related to Official Plan Amendment OP17/003/F/GS and Zoning By-law Amendment ZC17/010/F/GS for the property municipally addressed as 507 Frederick Street, 40, 44, & 48 Becker Street, Henry Walser Funeral Home Ltd. Council considered Development Services Department report DSD -2023-062 entitled Follow Up to Development Services Department report DSD -2022-478 recommending a further deferral of the Planning Application until the Council meeting on February 27, 2023. It was noted the applicant has requested some additional time to address the items that were raised at the Planning and Strategic Initiatives Committee on January 9, 2023. Moved by Councillor P. Singh Seconded by Councillor D. Chapman "That the report of the Planning and Strategic Initiatives Committee, dated January 9, 2023, listed as items 7.2.a to 7.2.d and 7.2.e. as amended, on the agenda this date, be adopted." 7.2.a Sidewalk Infill Through Roadway Reconstruction in 2023, DSD -2023-022 "That sidewalks be installed on the north side of Delaware Avenue, as outlined on Development Services Department report DSD -2023-022." Carried M 7.2.b 2022 Business Plan Year -End Progress Report and Recommended 2023 Business Plan Project List, CAO -2023-020 "That the 2023 Business Plan Project List in Appendix B to Report CAO - 2023 -020 be approved, subject to 2023 budget approval." Carried 7.2.c 2023 Grand River Accessibility Advisory Committee (GRAAC) Appointments, CSD -2023-003 "That the following applicants be appointed to the Grand River Accessibility Advisory Committee (GRAAC) for a 4 -year term ending December 31, 2026, as outlined in Community Services Department report CSD -2023-003, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot, and Township of Woolwich. o Alyssa Clelland - Kitchener - New o Tamara Cooper - Waterloo - New o Sarah Cunneyworth - Waterloo - New o Heather Gillespie - Waterloo - New o Christine Nishiwaki - Township of Woolwich - New o Farshid Sadatsharifi - Kitchener -New o Katherine Waybrant - Kitchener - New o Agency Representation - Brain Injury Association Waterloo Wellington - New" Carried 7.2.d Zoning By-law Amendment ZBA22/022/N/TS, 525 New Dundee Road, DSD - 2023 -015 "That Zoning By-law Amendment Application ZBA22/022/N/TS requesting to amend Zoning By-law 2019-051, for HIP New Dundee GP Inc. be approved in the form shown in the Proposed `Proposed By-law', and `Map No. 1' attached to Development Services Department report DSD -2023- 015 as Attachment `A'." Carried l 7.2.e Official Plan Amendment OP17/003/F/GS, Zoning By-law Amendment ZC17/010/F/GS, 507 Frederick Street, 40, 44, & 48 Becker Street, Henry Walser Funeral Home Ltd., DSD -2022-478 AND Follow-up Report DSD -2023-062 "That the following motion be deferred to the February 27, 2023 Council Meeting, as requested by the applicant to allow additional time to review options that were discussed at the Planning and Strategic Initiatives Committee on January 9, 2023, related to on-site minimum parking rates, potential building re -design, removal of Becker Street from the proposed rezoning and to explore options regarding parking on Becker Street and on the land legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1: "That Official Plan Amendment Application OP17/003/F/GS for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. for the property municipally addressed as 507 Frederick Street, 40, 44, & 48 Becker Street, and a triangular shaped portion of land legally described as Plan 42, Pt Lots 27 to 30, RP 58R-15854 Pt 1., requesting a Commercial land use designation and Specific Policy Area 58 to permit a crematorium/cremator as an accessory use to a funeral home, on the lands specified and illustrated on Schedule `A' and on Schedule `B', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -2022-478 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 85-1, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the "Proposed By-law", and "Map No. 1", attached to Report DSD -2022-478 as Appendix `B'; and, That Zoning By-law Amendment Application ZC17/010/F/GS requesting to amend Zoning By-law 2019-051, for Henry Walser Funeral Home Ltd, Leeann Marie Walser, Henry James Walser and 2544770 Ontario Inc. be approved in the form shown in the "Proposed By-law", and "Map No. 1", attached to Report DSD -2022-478 as Appendix `C'; and, That the Proposed By-law to amend Zoning By-law 2019-051, attached to Report DSD -2022-478 as Appendix `C', as amended shall have no force and effect against the subject lands until the date that all n. 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, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC17/010/F/GS; and, That Council give approval under Section 83(3) of the Funeral, Burial and Cremation Services Act, to establish a Crematorium proposed at 507 Frederick Street; and further, That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be directed to send a copy of the Council decision to the Provincial registrar and the owner, and that staff also be directed to publish notice of the decision in The Record newspaper." Carried, as amended 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC Mayor B. Vrbanovic acknowledged the decision from Justice Valente regarding the Victoria Street and Weber Street encampment, the delay in opening the Regional managed encampment and Regional Budget deliberations. 9.2 Notice of Motion - S. Davey - Development Proposals - Rental Housing Tenancy Displacements Councillor S. Davey brought forward the Notice of motion related to Development Proposals - Rental Housing Tenancy Displacements, published on the agenda this date, which was seconded by Councillor D. Schnider. A motion was brought forward by Councillor D. Chapman and seconded by Councillor S. Davey to amend the Notice of motion include additional direction for staff to review the rental replacement by-laws found elsewhere in Ontario to determine its benefits and its applicability Kitchener which was subsequently voted on and Carried. A motion was brought forward by Councillor A. Clancy, seconded by Councillor D. Chapman to amend the clause seven of the motion to include additional 7 language for staff to also partner with "Community Stakeholders to make recommendations and deliver on tools and best -practices that may be implemented immediately", which was subsequently voted on and Carried. Moved by Councillor S. Davey Seconded by Councillor D. Schnider "WHEREAS Ontario has a significant housing shortage necessitating an increase in both affordable and general supply; WHEREAS the Province has mandated the creation of 1.5M new homes over 10 years via Bill 23, More Houses Built Faster Act with Kitchener's share being 35,000 new dwellings; WHEREAS infill development is generally preferred to greenfield development, and urban sprawl, for both financial & environmental sustainability; WHEREAS infill development has, and will continue to displace existing residents, often with affordable rental agreements; and, WHEREAS Kitchener Council acknowledges housing as a basic human right and has approved a Housing for All Strategy; THEREFORE BE IT RESOLVED THAT where existing rental housing cannot or will not be preserved, staff make recommendations on how the City can support the transitioning of displaced residents; THEREFORE BE IT FURTHER RESOLVED THAT staff be directed to review the rental replacement bylaws found elsewhere in Ontario to determine its benefits and its applicability in Kitchener; THEREFORE BE IT FURTHER RESOLVED THAT staff be directed to work with Community Stakeholders to make recommendations and deliver on tools and best -practices that may be implemented immediately; tools that may require additional development, possibly as part of Kitchener's Official Plan review; and suggested advocacy to other orders of government where support may be outside of our jurisdiction and report back prior to the end of 2023; THEREFORE BE IT FURTHER RESOLVED THAT this resolution be circulated to the Region of Waterloo and other local municipalities, should they choose to partner, and/or provide consistency -of -response to this growing challenge throughout our Region; and, THEREFORE BE IT FINALLY RESOLVED THAT this resolution be circulated to the Association of Ontario Municipalities (AMO)." Carried, as amended 10. QUESTIONS AND ANSWERS 11. BY-LAWS At the request of A. Fusco, Director of Legislated Services/City Clerk, Council agreed to one additional By-law related to Planning and Strategic Initiatives report item 7.2.d, 525 New Dundee Road. 11.1 1ST AND 2ND READING Moved by Councillor M. Johnston Seconded by Councillor C. Michaud "That leave be given the Mover and Seconder to introduce the following by-laws, namely: 11.1.a 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.b 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.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 Being a by-law to further amend By-law 2019-113, to regulate traffic and parking on highways under the jurisdiction of the City of Kitchener. 11.1.f Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — HIP New Dundee GP Inc. — 525 New Dundee Road. 11.1.g To confirm all actions and proceedings of the Council for January 30, 2023. Carried 9 12. COMMITTEE OF THE WHOLE On motion, Council resolved itself into the Committee of the Whole to consider its agenda and was Chaired by Mayor B. Vrbanovic. 12.1 FOR INFORMATION Councillor P. Singh left the meeting. 12.1.a Strategic Plan 2023-2026 - Compass Kitchener Advisory Committee Community Priorities - CAO -2023-047 12.1.b Summary of Bid Solicitations Approved by the Chief Procurement Officer (Oct 1, 2022 — Dec 31, 2022) - FIN -2023-045 12.1.c K -W Joint Services Initiative Committee 2022 Update - CAO -2023-052 13. REPORT OF THE COMMITTEE OF THE WHOLE On motion, Council rose from the Committee of the Whole. Councillor P. Singh re-entered the meeting. Moved by Councillor M. Johnston Seconded by Councillor J. Deneault "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried 14. BY-LAWS 14.1 3RD READING Moved by Councillor D. Schnider Seconded by Councillor A. Clancy "That the by-laws be given third reading, namely: 14.1.a To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By Law No. 2023-006) 10 14.1.b To further amend By-law No. 2008-117, being a by-law to authorize certain on - street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By Law No. 2023-007) 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. (By Law No. 2023-008) 14.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By Law No. 2023-009) 14.1.e Being a by-law to further amend By-law 2019-113, to regulate traffic and parking on highways under the jurisdiction of the City of Kitchener. (By Law No. 2023-010) 14.1.f Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — HIP New Dundee GP Inc. — 525 New Dundee Road. (By Law No. 2023-011) 14.1.g To confirm all actions and proceedings of the Council for January 30, 2023. 15. ADJOURNMENT On motion, the meeting adjourned at 10:06 p.m. Mayor % Clerk (By Law No. 2023-012) Carried 1 '1