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HomeMy WebLinkAboutCouncil Agenda - 2024-05-27Council Meeting Agenda Monday, May 27, 2024, 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 meeting will begin with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 2. MINUTES FOR APPROVAL Minutes to be accepted as circulated to the Mayor and Councillors (regular meeting held April 29, 2024, and special meetings held April 29, 2024) - Councillor B. loannidis. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 4. COMMUNICATIONS REFERRED TO FILE 4.1 Flag Request under Policy MUN-FAC-442 4.1.a Eritrean Canadian Community of Kitchener Waterloo - May 20 - 27, 2024 5. PRESENTATIONS 5.1 Red Week - St. Mary's General Hospital Foundation 5.1.a Kourtney Parker and Nico Giorgio 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 27, 2024, in order to participate electronically. 6.1 Animal Control Investigations - Kitchener -Waterloo Humane Society 6.1.a Dr. Marie Hardy 7. REPORTS OF COMMITTEES 7.1 HERITAGE KITCHENER - MAY 7, 2024 7.1.a Heritage Permit Application HPA-2024-IV-08, 10 Duke Street West, Partial Demolition with Retention of Front, East, and portion of the West Side Fagade, Construction of 45 -Storey Mixed -Use Building, DSD -2024-160 That pursuant to Sections 30(2), 33, and 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2024-IV-08 for the property municipally addressed as 10 Duke Street West be approved to permit the partial demolition of the building, excluding the front (south) fagade, east side fagade, and part of the west side facade; and, the construction of a 45 -storey mixed-use building with retained portions of the original building integrated into the podium, subject to the following conditions, as outlined in the Development Service Department report DSD -2024-160: a. That the final Heritage Impact Assessment be submitted and approved by the Director of Development and Housing Approvals prior to the issuance of the heritage permit; b. That the final Conservation Plan, including a Salvage and Documentation Plan and Commemoration and Interpretation Plan, be submitted and approved by the Director of Development and Housing Approvals and the City's Heritage Planner prior to the issuance of the heritage permit; Page 2 of 15 c. That the final Temporary Protection Plan, including a Demolition and Stabilization Plan and Structural Assessment Report, be submitted to the satisfaction of the City's Manager of Development Review and the City's Heritage Planner prior to the issuance of a Heritage Permit; d. That the final Risk Management Plan, including the Vibration Monitoring Report, be submitted to the satisfaction of the City's Manager of Development Review and the City's Heritage Planner prior to the issuance of a Heritage Permit; e. That final building elevations be submitted for review to the satisfaction of the City's Manager of Development Review in conjunction with Heritage Planning Staff and Urban Design Staff prior to the issuance of the heritage permit; f. That the final demolition permit be reviewed, and heritage clearance provided by Heritage Planning Staff prior to the issuance of a demolition permit; and, g. That the final building permit be reviewed, and heritage clearance provided by Heritage Planning Staff prior to the issuance of a building permit. 7.1.b Notice of Intention to Designate -131 Victoria Street South under Part IV of the Ontario Heritage Act, DSD -2024-195 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 131 Victoria Street South as being of cultural heritage value or interest, as outlined in Development Service Department report DSD -2024-195. 7.1.c Notice of Intention to Designate - 87 Scott Street and 82 Weber Street East under Part IV of the Ontario Heritage Act, DSD -2024-210 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 79-87 Scott Street/66-82 Weber Street East as being of cultural heritage value or interest, as outlined in Development Services Department report DSD -2024-210. 7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - MAY 13, 2024 7.2.a Asset Management Plans, Non -Core Assets, FIN -2024-208 That the Asset Management Plans for the City's non-core assets as outlined in the Financial Services Department report FIN -2024-208 be Page 3 of 15 approved; and further, That Policy GOV-COR-506 Corporate Asset Management as attached to Report FIN -2024-208 be approved. 7.2.b Reserve Fund Policy Update, FIN -2024-222 That Policy FIN -RES -770 Reserve Funds be amended as identified in the Financial Service Department report FIN -2024-222; and, That funds in the amount of $400,863 be transferred from the Tax Stabilization Reserve Fund to the Investment Stabilization Reserve Fund; and further, That funds in the amount of $4,488,866 be transferred from the Tax Stabilization Reserve Fund to the Tax Capital Reserve Fund. 7.3 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - MAY 13, 2024 7.3.a Property Standard By-law Amendments, CSD -2024-083 That the proposed by-law to repeal and replace specific sections of the existing Property Standards By-law, Chapter 665 as noted in Appendix A, be adopted; as outlined in Community Service Department report CSD -2024-083; and further, That the updated regulations of the City of Kitchener Property Standards By-law, Chapter 665 be incorporated into The City of Kitchener Municipal Code. 7.3.b Vision Zero Project Update, DSD -2024-073 That this report, which serves as a progress update on the Vision Zero action items completed in 2023, be received; as outlined in the Development Service Department report, DSD -2024-073; and, That staff be directed to implement the proposed 2024 safety improvements as outlined in Attachment A (Vision Zero 2024 Safety Improvements) of report, DSD -2024-020 to support implementation of the Vision Zero Strategy; and, That a Pedestrian Crossover (PXO) Level 2, Type B be installed on Belmont Avenue at the Henry Sturm Greenway; and, That a Pedestrian Crossover (PXO) Level 2, Type C be installed on Kingsway Drive at Greenfield Avenue, across the north leg of the intersection; and, That a Pedestrian Crossover (PXO) Level 2, Type C be installed on Page 4 of 15 Park Street at Mount Hope Street, across the west leg of the intersection; and, That a Pedestrian Crossover (PXO) Level 2, Type D be installed on Lawrence Avenue at the Henry Sturm Greenway; and, That stopping be prohibited at any time, 15 metres from each Pedestrian Crossover (PXO) at each approach, and ten (10) metres immediately following each Pedestrian Crossover (PXO); and, That the Uniform Traffic Bylaw be amended accordingly; and, That staff be directed to investigate the feasibility and impact of reallocating the remaining balance of the annual Formal Traffic Calming budget to the Vision Zero Hot Spot improvement program, recognizing that the Vision Zero Hot Spot Improvement Program has proven to be a data -driven and proactive approach to the implementation traffic calming and street safety measures; and further, That staff report back to Council on the results of this investigation through the 2025 Vision Zero Annual Update. 7.3.c Integrated Sanitary Master Plan Final Report, INS -2024-223 That the Environmental Study Report: Integrated Sanitary Master Plan Schedule `B' Municipal Class Environmental Assessment prepared by Stantec Consulting Ltd. dated May 2, 2024, together with the recommended approaches, be approved; as outlined in the Infrastructure Service Department report INS -2024-223; and further, That staff be directed to file the report for the 30 -day public review period as required by the Environmental Assessment Act. 7.4 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MAY 13, 2024 7.4.a Zoning By-law Amendment Application ZBA24/006/W/ES, 115-131 Whitney Place, Hilts Auto Inc., DSD -2024-203 That Zoning By-law Amendment Application ZBA24/006/W/ES for the property municipally addressed as 115-131 Whitney Place for Hilts Auto Inc. requesting to amend Zoning By-law 85-1, for the purpose of changing the zoning of a portion of the subject property from Existing Use Zone (E-1) to Existing Use Zone (E-1) with special use provision 488U, proposed as attached to Development Services Department report DSD -2024-203, specified and illustrated as the "Subject Area' on Map No. 1, be amended to permit all uses permitted in the M-2 Page 5 of 15 General Industrial zone, as outlined in section 20.1 of Zoning By-law 85-1, as outlined in Report DSD -2024-203 as Attachment'A1'; and, That Zoning By-law Amendment Application ZBA24/006/W/ES for the property municipally addressed as 115-131 Whitney Place for Hilts Auto Inc., for the purpose of changing the zoning of a portion of the subject property from Existing Use Floodplain Zone (EUF-1) to Existing Use Floodplain Zone (EUF-1) with Site Specific Provision 394, proposed as attached to Development Services Department report DSD -2024-203, specified and illustrated as the 'Subject Area' on Map No. 2, be amended to permit all uses permitted in the EMP -2 General Industrial Employment zone, as outlined in Table 10-1 of Zoning By-law 2019-051 be approved, as amended, in the form shown in the "Proposed By-law" attached to the Report DSD -2024- 203 as Attachment 'A2'; 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 By-law 2024-064 (Growing Together Secondary Plans, Non-PMTSAs) is in full force and effect; 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 ZBA24/006/W/ES. 7.4.b Ontario Clean Water Act - Region of Waterloo's Update to Source Protection Plan, DSD -2024-205 That the proposed technical amendments to the Grand River Source Protection Plan that apply within the City of Kitchener, as outlined in Development Services Department report DSD -2024-205, be supported. 7.4.c Sign By-law General Amendments, DSD -2024-116 That the proposed by-law attached as Attachment 'A' to Development Services Department report DSD -2024-116, to repeal and replace specific sections of the existing Sign By-law number 2011-099, be adopted; and further, That the updated regulations of the Sign By-law be incorporated into The City of Kitchener Municipal Code. 8. UNFINISHED BUSINESS - NIL 9. NEW BUSINESS 9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC Page 6 of 15 10. 11. 12 13. 14. QUESTIONS AND ANSWERS BY-LAWS 11.1 1ST AND 2ND READING 11.1.a 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.b 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.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 27, 2024. 11.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 11.2.a Being a by-law to amend Chapter 665 of The City of Kitchener Municipal Code with respect to standards of maintenance and occupancy of property. 11.2.b Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code with respect to Signs. 11.2.c Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Hilts Auto Inc. — 115-131 Whitney Place. 11.2.d Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Hilts Auto Inc. — 115- 131 Whitney Place. 11.2.e Being a by-law to amend By-law 2022-121 with respect to Acting Mayor. COMMITTEE OF THE WHOLE 12.1 ADMINISTRATIVE REPORTS 12.1.a 2024 House Keeping Amendments - Acting Mayor By-law, COR - 2024 -239 REPORT OF THE COMMITTEE OF THE WHOLE BY-LAWS 14.1 3RD READING 10 Page 7 of 15 14.1.a 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 2024-104) 14.1.b 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 2024-105) 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 2024-106) 14.1.d Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2024-107) 14.1.e To confirm all actions and proceedings of the Council for May 27, 2024. (By-law 2024-113) 14.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 14.2.a Being a by-law to amend Chapter 665 of The City of Kitchener Municipal Code with respect to standards of maintenance and occupancy of property. (By-law 2024-108) 14.2.b Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code with respect to Signs. (By-law 2024-109) 14.2.c Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Hilts Auto Inc. — 115-131 Whitney Place. (By-law 2024-110) 14.2.d Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Hilts Auto Inc. — 115- 131 Whitney Place. (By-law 2024-111) Page 8 of 15 14.2.e Being a by-law to amend By-law 2022-121 with respect to Acting Mayor. (By-law 2024-112) 15. ADJOURNMENT Page 9 of 15 Staff Report J IKgc.;i' r� R Corporate Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: May 27, 2024 SUBMITTED BY: Amanda Fusco, Director Legislated Services, City Clerk, 519-741-2200 ext. 7809 PREPARED BY: Dianna Saunderson, Manager, Council and Committee Services, Deputy Clerk, 519-741-2200 ext. 7278 WARD(S) INVOLVED: N/A DATE OF REPORT: May 8, 2024 REPORT NO.: COR -2024-239 SUBJECT: 2024 House Keeping Amendments - Acting Mayor By-law RECOMMENDATION: That By-law 2022-121 be amended with the proposed house keeping by-law as attached to Corporate Services Department report COR -2024-239, be adopted. REPORT HIGHLIGHTS: • The purpose of this report is to update the Acting Mayor By-law to address the appointment of Ward 10 - Councillor Stephanie Stretch and clarify the role of the Acting Mayor; • There are no financial implications to this report; • This report supports the delivery of core services. BACKGROUND: Councillor Stephanie Stretch was appointed by By-law to Kitchener City Council on January 22, 2024, to represent Ward 10, which was previously held by Councillor Aislinn Clancy who vacated the Seat when becoming a Member of Provincial Parliament. Section 242 of the Municipal Act, 2001, S.O. 2001, c. 25 states that a municipality may by by-law or resolution appoint a member of the council to act in the place of the head of council when the head of council is absent or refuses to act or the office is vacant and while so acting such member has all the powers and duties of the head of council. Council, on November 21, 2022 passed By-law 2022-121 providing a rotating schedule for the appointment of the Acting Mayor. REPORT: Council is being requested to approve an amendment to By-law 2022-121, which substitutes Stephanie Stretch for Aislinn Clancy after January, 2024. Further the Acting Mayor By-law is also recommended to be updated to clarify the roles and responsibilities of the Acting Mayor to confirm their authority to execute documents in place of the Mayor, the head of council, when the Mayor is absent, or refuses to act or if the office is vacant. The proposed amending By-law has been included as an attachment to this report. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 10 of 15 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: 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: • Municipal Act, 2001 APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: Attachment A — Amended Acting Mayor By-law Page 11 of 15 I I1-Y,0W_\TiVI101l11 L 1:3 :4 OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2022-121 with respect to Acting Mayor). WHEREAS it is deemed expedient to amend By-law 2022-121 with respect to the appointment of Acting Mayor; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule `A' to By-law 2022-121 is hereby amended by deleting the name "A. Clancy" any where it appears after January 2024 and substituting the name "S. Stretch" thereto such that Schedule "A" shall now read as set out in Appendix `A', attached to this by-law. 2. By-law 2022-121 is hereby amended to add section 6 thereto, namely: "6. Every member, while so acting as mayor, is hereby authorized to execute any documentation the mayor would otherwise be authorized to execute". PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2024. Mayor Clerk Page 12 of 15 APPENDIX `A' "Schedule `A' Acting Mayor December 2022 Councillor C. Michaud January 2023 Councillor B. loannidis February 2023 Councillor M. Johnston March 2023 Councillor J. Deneault April 2023 Councillor P. Singh May 2023 Councillor S. Davey June 2023 Councillor A. Clancy July 2023 Councillor D. Schnider August 2023 Councillor D. Chapman September 2023 Councillor A. Owodunni October 2023 Councillor C. Michaud November 2023 Councillor B. loannidis December 2023 Councillor M. Johnston January 2024 Councillor J. Deneault February 2024 Councillor P. Singh March 2024 Councillor S. Davey April 2024 Councillor S. Stretch May 2024 Councillor D. Schnider June 2024 Councillor D. Chapman July 2024 Councillor A. Owodunni August 2024 Councillor C. Michaud September 2024 Councillor B. loannidis October 2024 Councillor M. Johnston November 2024 Councillor J. Deneault 2 Page 13 of 15 December 2024 Councillor P. Singh January 2025 Councillor S. Davey February 2025 Councillor S. Stretch March 2025 Councillor D. Schnider April 2025 Councillor D. Chapman May 2025 Councillor A. Owodunni June 2025 Councillor C. Michaud July 2025 Councillor B. loannidis August 2025 Councillor M. Johnston September 2025 Councillor J. Deneault October 2025 Councillor P. Singh November 2025 Councillor S. Davey December 2025 Councillor S. Stretch January 2026 Councillor D. Schnider February 2026 Councillor D. Chapman March 2026 Councillor A. Owodunni April 2026 Councillor C. Michaud May 2026 Councillor B. loannidis June 2026 Councillor M. Johnston July 2026 Councillor J. Deneault August 2026 Councillor P. Singh September 2026 Councillor S. Davey October 2026 Councillor S. Stretch November 2026 Councillor D. Schnider" 3 Page 14 of 15 Page 15 of 15