HomeMy WebLinkAboutCouncil Agenda - 2023-05-08Council Meeting Agenda
Monday, May 8, 2023, 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 meeting will begin with a Land Acknowledgement given by the Mayor and
the singing of "O Canada."
1.1 Acknowledgement - Coronation of King Charles III - God Save the Kng
2. MINUTES FOR APPROVAL
Minutes to be accepted as circulated to the Mayor and Councillors (regular
meeting held March 20, 2023, and special meetings held March 6, 20, April 3,
17, and 24, 2023) - Councillor Clancy.
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 Eritrean -Canadian Community of KW & Area - May 21, 2023 - May
28, 2023
5. PRESENTATIONS - NIL
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 5:00 p.m. on May 8, 2023, in order to participate electronically.
6.1 Fireworks By-law Update, CSD -2023-166, listed as item 7.2.g
6.1.a Aleem Kanji
6.1.b Shawn Miller
6.2 Ontario Big City Mayors (OBCM) Update, listed as item 9.2
6.2.a Valerie Terejko
7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - MAY 2, 2023
7.1.a Notice of Intention to Designate 181 Frederick Street under Part IV of
the Ontario Heritage Act, DSD -2023-154
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 181 Frederick Street as being of cultural
heritage value or interest, as outlined in Development Services
Department report DSD -2023-154.
7.1.b Notice of Intention to Designate 73 Shanley Street under Part IV of
the Ontario Heritage Act, DSD -2023-170
The pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 73 Shanley Street as being of cultural
heritage value or interest, as outlined in Development Services
Department report DSD -2023-170.
7.2 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
APRIL 24, 2023
7.2.a Removal of Holding Provision, Zoning By-law Amendment
ZBA23/004/S/CD, 2155 Strasburg Road, Huron Creek Holdings
Corp., DSD -2023-114
That Zoning By-law Amendment Application ZBA23/004/S/CD for
Huron Creek Holdings Corp. for the purpose of removing Holding
Provision 29H from the lands specified in the attached Map No.1, in
the form shown in the "Proposed By-law" attached to the
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Development Services Department report DSD -2023-114 as
Appendix A, be approved.
7.2.b Removal of Holding Provision, Zoning By-law Amendment
ZBA23/006/C/BB, 9 Cameron Street North, 550 King Street GP Inc.,
DSD -2023-156
That Zoning By-law Amendment Application ZBA23/006/C/BB for 9
Cameron Street North Kitchener Incorporated for the purpose of
removing Holding Provision 15H from the lands specified in the
attached Map No.1, in the form shown in the "Proposed By-law"
attached to Development Services Department report DSD -2023-156
as Appendix A, be approved.
7.2.c Private Street Naming, 57 Jacob Detweiller Drive, DSD -2023-132
That the City of Kitchener acknowledge that Activa Holdings Inc.
intends to name private street: "Rosefinch Drive" within a multiple
dwelling development consisting of three townhouse buildings located
at 57 Jacob Detweiller Drive, as outlined in Development Services
Department report DSD -2023-132; and further,
That the City's Legal Services division be directed to proceed with the
required advertising, preparation, and registration of the necessary
By-law for the naming of "Rosefinch Drive".
7.2.d Private Street Naming, 175 Tartan Avenue, DSD -2023-150
That the City of Kitchener acknowledge that Fusion Homes intends to
name a private street: "Lomond Lane" within a multiple residential
development located at 175 Tartan Avenue, as outlined in
Development Services Department report DSD -2023-150; and further,
That the City's Legal Services division be directed to proceed with the
required advertising, preparation, and registration of the necessary
By-law for the naming of "Lomond Lane".
7.2.e Noise Exemption, Greek Food Festival, CSD -2023-167
That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to the Greek Orthodox Community of
Saints Peter and Paul Kitchener -Waterloo & District for their Annual
Greek Food Festival at 527 Bridgeport Road East, to be held on June
10 and 11th, 2023 from 12 p.m. — 11 p.m., as outlined in Community
Services Department report CSD -2023-167.
7.2.f Vision Zero Report, DSD -2023-152
That Development Services Department report DSD -2023-152 be
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received, which serves as a progress update on the Vision Zero
action items completed in 2022; and further,
That staff be directed to implement the hot spot improvements as
outlined in Appendix 'A' (Proposed Hot Spot Improvements) of
Development Services Department report DSD -2023-152, to support
implementation of the Vision Zero Strategy.
7.2.g Fireworks By-law Update, CSD -2023-166
That the number of permitted days for firework displays be reduced to
only the day of celebration including Victoria Day, Canada Day and
Diwali and must cease by 11 pm, as outlined in Community Services
Department report CSD -2023-166; and further,
That the Municipal Code, Chapter 544 (Fireworks Vendors) and
Chapter 739 (Fireworks and Firecrackers), be repealed and replaced
with the revised Chapter 739 which incorporates a series of
administrative changes outlined in Report CSD -2023-166.
7.2.h Tree Conservation Processes Review, DSD -2023-161
That staff be directed to initiate a second phase of the Tree
Conservation Processes Review that includes further evaluation of
specific enhancement opportunities to existing tools and processes,
as outlined in Development Services Department report DSD -2023-
161.
7.2.i Wiijindamaan Indigenous Land Restoration at Pioneer Tower Natural
Area, INS -2023-181
That Council direct staff to proceed with the proposed Land
Restoration Project and authorize the General Manager, Infrastructure
Services to sign agreement(s) with project partners, subject to review
and satisfaction of the City solicitor, as outlined in Infrastructure
Services Department report INS -2023-181.
7.3 PLANNING AND STRATEGIC INITIATIVES COMMITTEE -APRIL 24,
2023
7.3.a Enabling Missing Middle and Affordable Housing, DSD -2023-160
That the Enabling Missing Middle and Affordable Housing Feasibility
Study be used to inform the Growing Together project for planning in
Major Transit Station Areas and future updates to the Official Plan and
Zoning By-law, as outlined in Development Services Department
report DSD -2023-160; and,
That the Enabling Missing Middle and Affordable Housing Feasibility
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Study be used to inform continuous improvement of development
services processes; and further,
That Staff be directed to further consider financial incentives for
missing middle and affordable housing and report back to Council on
next steps once additional information on Bill 23 regarding affordable
and attainable housing is made available.
7.3.b Official Plan Amendment OPA22/001/K/KA, Zoning By-law
Amendment, King -Charles Properties (Kitchener) Limited, 1001 King
Street East, DSD -2023-151
That Official Plan Amendment Application OPA22/00 1 /K/KA for King
Charles Properties (Kitchener) Limited, for the property municipally
addressed as 1001 King Street East, requesting a land use
designation change from `Mixed Use Corridor with Special Policy Area
1' to `Mixed Use Corridor with Special Policy Area 10' 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 Development Services Department report
DSD -2023-151 as Appendix `A', and accordingly forwarded to the
Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA22/001/K/KA for King
Charles Properties (Kitchener) Limited be approved in the form shown
in the `Proposed By-law', and `Map No. 1', attached to Report DSD -
2023 -151 as Appendix `B'; and further,
That the Urban Design Brief for 1001 King Street East attached to
Report DSD -2023-151 as Appendix `C', be adopted.
7.3.c Official Plan Amendment OPA22/008/M/CD, Zoning By-law
Amendment ZBA22/015/M/CD, 455-509 Mill Street, Polocorp Inc.,
DSD -2023-145
That Official Plan Amendment Application OPA/22/008/M/CD for
Polocorp Inc. requesting a change in land use designation, for the
properties municipally addressed as 455-509 Mill Street, from
`General Industrial Employment' to `Mixed Use with Site Specific
Policy Area No. 62' to permit a high intensity mixed use dwelling
development on the lands specified and illustrated on Schedule `A'
and Schedule `B', be adopted, in the form shown in the Official Plan
Amendment attached to Development Services Department report
DSD -2023-145 as Appendix `A', and accordingly forwarded to the
Region of Waterloo for approval; and,
That Zoning By-law Amendment Application ZBA22/015/M/CD for
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Polocorp Inc. be approved in the form shown in the `Proposed By-
laws', and `Map No. 1', attached to Report DSD -2023-145 as
Appendix `B'; and further,
That the Urban Design Brief dated February 2023 and attached to
Report DSD -2023-145 as Appendix `C', be adopted, and that staff be
directed to apply the Urban Design Brief through the Site Plan
Approval process.
8. UNFINISHED BUSINESS
9. NEW BUSINESS
9.1 REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC
9.2 Ontario's Big City Mayors (OBCM) Update - Mayor B. Vrbanovic
That Kitchener City Council adopt the following motion:
"WHEREAS, all Ontarians deserve and expect a safe and
respectful workplace;
WHEREAS, municipal governments, as the democratic institutions
most directly engaged with Ontarians need respectful discourse;
and,
WHEREAS, several incidents in recent years of disrespectful
behaviour and workplace harassment have occurred amongst
members of municipal councils; and,
WHEREAS, these incidents seriously and negatively affect the
people involved and lower public perceptions of local
governments; and,
WHEREAS, municipal Codes of Conduct are helpful tools to set
expectations of council member behaviour; and,
WHEREAS, municipal governments do not have the necessary
tools to adequately enforce compliance with municipal Codes of
Conduct; and
WHEREAS Ontario's Big City Mayors (OBCM) support the efforts
of MPP Stephen Blais; and, who has introduced the Private
Members Bill 5, Stopping Harassment and Abuse by Local
Leaders Act, 2022 which has been endorsed by a number of
OBCM member councils;
WHEREAS a fundamental, underlying principle of broadening
diversity, equity and inclusion in politics rests on the assumption
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that the workplace is safe; and,
WHEREAS we believe that municipal elected officials should be
held to account in this way, we also believe that federal and
provincial elected officials should take similar actions to hold
themselves to account;
THEREFORE BE IT RESOLVED THAT:
1. OBCM supports the call of the Association of
Municipalities of Ontario for the Government of Ontario to
introduce legislation to strengthen municipal Codes of
Conduct and compliance with them in consultation with
municipal governments or in the alternative, OBCM supports
the province ordering Bill 5 for second reading to expedite
this matter; and,
2. THAT legislation encompass the Association of
Municipalities of Ontario's recommendations for:
a. Updating municipal Codes of Conduct to account for
workplace safety and harassment
b. Creating a flexible administrative penalty regime,
adapted to the local economic and financial
circumstances of municipalities across Ontario
c. Increasing training of municipal Integrity
Commissioners to enhance consistency of
investigations and recommendations across the
province
d. Allowing municipalities to apply to a member of the
judiciary to remove a sitting member if recommended
through the report of a municipal Integrity
Commissioner
e. Prohibit a member so removed from sitting for
election in the term of removal and the subsequent
term of office; and.
3. THAT OBCM requests that municipalities and their
respective Integrity Commissioners be consulted on the
development of any regulations related to the proposed
legislation; and.
4. THAT this motion be circulated to the Right Honourable
Justin Trudeau, Prime Minister of Canada, the Honourable
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Doug Ford, Premier of Ontario, the Honourable David
Lamettithe, Minister of Justice, the Honourable Steve Clark,
Minister of Municipal Affairs and Housing, Kate Manson -
Smith, Deputy Minister of Municipal Affairs and Housing,
Scott Pearce, Federation of Canadian Municipalities Acting
President, and Colin Best, President of the Association of
Municipalities of Ontario."
9.3 Notice of Motion - B. loannidis - Parking on the Boulevards
Councillor B. loannidis has given notice to introduce the following
motion for consideration this date:
"WHEREAS Council in 2019 approved a pilot project to allow
parking on paved boulevards (paved area of a driveway between
the sidewalk and the curb/road edge), which was made
permanent annually from December 1 thru March 31 city-wide;
and,
WHEREAS Council in 2020 approved a motion to permit parking
on the boulevard year-round until the state of emergency
declared by the City of Kitchener under the Emergency
Management and Civil Protection Act has ended, subject to the
conditions outlined in Community Services Department report
CSD -19-031; and,
WHEREAS the parking on the boulevards that are large enough
to allow vehicles to park vertically have been tested through
previous pilot programs and confirmed by staff to be adequate,
pending the boulevard is large enough that parking does not
result in damage to the landscaped portion of the city boulevards;
does not impact road maintenance such as snow clearing and
pedestrian access; and,
WHEREAS residents who previously benefitted from the pilot
programs continue to raise concerns regarding the ability to park
on boulevards year-round due to insufficient parking space;
THEREFORE BE IT RESOLVED that parking on the boulevard
(paved area of a driveway between the sidewalk and the
curb/road edge) be permitted year-round, subject to the following
regulations:
• park facing the direction of traffic, or perpendicular to the
road provided the vehicle complies with the remaining
conditions outlined below;
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• do not park on the landscaped portions of the boulevard;
• do not access the paved part of the boulevard by driving
over the landscaped portions;
• park fully on the paved portion of the boulevard;
• all tires must be fully on the hard surface;
• no part of the vehicle can overhang the sidewalk or the
curb or road edge;
• if your driveway is connected to your neighbour's driveway,
do not park your vehicle in a way that crosses the property
line;
• do not park on the boulevard if your driveway is within 15
metres of an intersection;
• if you live in a school zone, you must remove your vehicle
from the boulevard before 8 a.m. from Monday to Friday;
THEREFORE BE IT FINALLY RESOLVED that the uniform traffic
by-law be updated accordingly."
10. QUESTIONS AND ANSWERS
11. BY-LAWS
11.1 1ST AND 2ND READING
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 To confirm all actions and proceedings of the Council for May 8,
2023.
12. COMMITTEE OF THE WHOLE - NIL
13. REPORT OF THE COMMITTEE OF THE WHOLE - NIL
14. BY-LAWS
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14.1 3RD READING
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.
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.
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 confirm all actions and proceedings of the Council for May 8,
2023.
15. ADJOURNMENT
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