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HomeMy WebLinkAboutCouncil Agenda - 2024-09-30Council Meeting Agenda Monday, September 30, 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 August 26, 2024, and special meetings held August 26 and September 16, 2024) - Councillor P. Singh 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 Association des Francophones de Kitchener Waterloo - Sept 25 - 30, 2024 5. PRESENTATIONS 5.1 Climate Smart Utility Award - International Water Association 5.2 Growing Together - Planning Excellence Award - Ontario Professional Planning Institute's (OPPI) 5.3 Growing Together - Project of Year Award - Ontario Professional Planning Institute's (OPPI) 5.4 Volunteer Waterloo Region 5.4.a Jane Henning 5.5 Road Safety Initiatives Update — Municipal Speed Camera Program - Region of Waterloo 5.5.a Doug Spooner and Tanya Murray 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 September 30, 2024, in order to participate electronically. 6.1 Notice of Motion - A. Owodunni - Fireworks, listed as Item 9.2 6.1.a Mo Markham, Waterloo Region Climate Initiatives 6.1.b Alex Ciccone 6.1.c Ayesha Shailesh Jhaveri and Ankur Jhaveri 6.1.d Aleem Kanji 6.2 Waterloo Region Insurance Pool — Investigations 6.2.a James Trautman 6.3 Walk with Grief 6.3.a Irene O'Toole, Waterloo Region Friends of Palestine 6.4 Notice of Motion - D. Chapman - Consumption and Treatment Sites, listed as Item 9.3 6.4.a Jessica Halliday 11 Page 2 of 19 61 EA 10 ro Tiera N-1 LVA On Ora 6.4.c Samantha De Dieu 6.4.d Violet Umanetz, Director, Consumption & Treatments Services (CTS) 6.4.e Jovi Petkovic 6.4.f Stefanie Sinclair 6.4.g Ralph Schmidt 6.4.h Itman Hassan 6.4.i Myron Steinman 6.4.j Heidi Morrison 6.4.k Michael Parkinson, WaterlooRegion Drug Action Team 6.4.1 Rebecca McKay 6.4.m Dillyn Lankin 6.4.n Laura Moolenbeek 6.4.o Mauleek Bhatt 6.4.p David Hopkins 6.4.q Krista Hicks 6.4.r Alaina Klassen 6.4.s Ashley Schuitema 7. REPORTS OF COMMITTEES 7.1 FINANCE AND CORPORATE SERVICES COMMITTEE - SEPTEMBER 16, 2024 7.1.a Nominating Committee Reappointments - 2024-2026 - COR -2024-394 That representatives' or their designates from the Waterloo Region Community Foundation, Kitchener -Waterloo Multicultural Centre, the United Way Waterloo Region Communities, Capacity Canada, and the Greater Kitchener Waterloo Chamber of Commerce as outlined in Corporate Services Department report COR -2024-394, be re- appointed to the Nominating Committee for a two-year term from November 2024 to November 14, 2026; and, That the Appointment to Boards and Committees Policy, GOV-BOA- 063 and Nominating Committee Terms of Reference Policy, GOV- BOA-010 attached as Appendix "A" to Corporate Services Department report COR -2024-394 be amended. Page 3 of 19 7.1.b School Bus Loading Zone and Crossing Guard Adjustments DSD - 2024 -397 That the School Bus Loading Zone be extended on the east side (odd -numbered) of Indian Road from a point 77 m north of McGee Avenue to a point approximately 147 m North thereof; and, That a School Bus Loading Zone be installed on the north side (even - numbered) of Block Line Road from a point 93m east of Hanover Street to a point approximately 87m east thereof; and, That the School Bus Loading Zone be extended on the west side (even -numbered) of Autumn Hill Crescent from a point 104m north of Westheights Drive to a point approximately 38m north thereof; and, That a School Bus Loading Zone be installed on the east side (even - numbered) of Vanier Drive from a point 49m south of Boniface Avenue to a point approximately 31 m south thereof; and, That the School Bus Loading Zone previously established on Emerald Avenue be removed; and, That the School Bus Loading Zone be extended on the east side (odd -numbered) of Hickson Drive from a point 10m south of Secord Avenue to a point approximately 49m south thereof; and, That two Adult Crossing Guards be installed along Huron Road at Beckview Drive; and, That an Adult Crossing Guard be installed along Thomas Slee Drive at South Creek Drive; and, That an Adult Crossing Guard be removed along Holborn Drive at Old Chicopee Drive; and, That an Adult Crossing Guard be removed along Franklin Street at Connaught Street; and, That the Adult Crossing Guard be removed along Pioneer Drive at Pioneer Park Public School stairway location; and further, That the Uniform Traffic By-law be amended accordingly as outlined in Development Services Department report DSD -2024-397. 7.1.c Noise Exemption, VanMar Constructors On Inc, 641 King Street West, 12 CSD -2024-408 and Addendum Report CSD -2024-449 That the following motion be deferred to the September 30, 2024 Council meeting, to allow Van Mar Construction and Staff an Page 4 of 19 opportunity to provide further information related to engaging the community on the proposed noise exemption: That the noise exemption requested by VanMar Constructors for construction work at 641 King St W to commence at 6am from October 1, 2024 to April 30th, 2025 be denied, as outlined in Community Services Department report CSD -2024-408. Note: An addendum report, Corporate Services Department report CSD -2024-449 has been included on the agenda this date, related to this matter. 7.1.d 2024-2025 Gas Supply and Delivery Rates, INS -2024-383 That the supply component of the natural gas rate be increased to 13.13 cents per cubic meter from 11.63 cents per cubic meter for system gas customers of Kitchener Utilities effective November 1, 2024; and, That the proposed Supply Rate Policy as detailed in Attachment 'A' of Infrastructure Services Department report INS -2024-383 to change supply rates quarterly starting from January 1, 2025, through council delegated authority be approved; and further, That Kitchener Utilities' natural gas variable and fixed delivery rates be approved as proposed in Attachment 'B' of Infrastructure Services Department report INS -2024-383, for all Kitchener delivery customers effective January 1, 2025. 7.1.e Belmont Business Improvement Area (BIA) Boundary Expansion, DSD -2024-372 That pursuant to Section 209 of the Municipal Act, 2001, notice of the proposed by-law to alter the boundaries of the Belmont Business Improvement Area (BIA) be sent to every person who is assessed for rateable property that is in a prescribed business property class which is located within the existing and newly proposed boundaries, as outlined in Attachment 'A' of Development Services Department report DSD -2024-372. 7.2 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - SEPTEMBER 16, 2024 7.2.a Zoning By-law Amendment Application ZBA24/017/M/CD, 328-330 Mill Street, 1658194 Ontario Ltd., DSD -2024-371 That the following recommendation be referred to the September 30. 2024 Council meeting to allow the applicant an opportunity to engage Page 5 of 19 in further conversations with staff regarding the planning comments received: That Zoning By-law Amendment Application ZBA24/017/M/CD for 1658194 Ontario Ltd., for the property municipally addressed as 328-330 Mill Street be refused, as outlined in Development Services Department report, DSD -2024-371. 7.2.b Official Plan Amendment Application OPA24/008/K/ES, Zoning By-law Amendment Application ZBA24/014/K/ES, 2980 King Street East, Charcoal Properties Limited, DSD -2024-375 That Official Plan Amendment Application OPA/24/008/K/ES for Charcoal Property Limited, for the property municipally addressed as 2980 King Street East, requesting to add Specific Policy Area 76 to Map 5 — Specific Policy Areas in the Official Plan and to add Policy 12.D.12.76 to the Official Plan to facilitate a mixed use development having 436 residential units and 692 square metres of commercial space with a building height of 27 storeys and Floor Space Ratio (FSR) of 11, be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-375 as Attachment `A', and accordingly forwarded to the Regional Municipality of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA24/014/K/ES for Charcoal Properties Limited be approved in the form shown in the `Proposed By-law', and `Map No. 1', as attached to Development Services Department report, DSD -2024-375 as Attachment `B'. 7.2.c Wayfinding and Branding for City -Wide Active Transportation Routes, DSD -2024-378 That staff be directed to proceed with the proposed Wayfinding strategy as outlined in Development Services Department report, DSD -2024-378, following further community engagement. 8. UNFINISHED BUSINESS - NIL 9. NEW BUSINESS 9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC 9.2 Notice of Motion - A. Owodunni - Fireworks Councillor A. Owodunni has given notice to introduce the following motion for consideration this date: "WHEREAS the use of fireworks has raised significant safety, environmental, and noise concerns among residents in our city Page 6 of 19 and neighboring municipalities; and; WHEREAS various cities across Canada, including Vancouver, West Vancouver, Brampton, Woodstock, and Milton, have implemented bans or strict regulations on fireworks; and; WHEREAS addressing the fireworks issue through a collaborative regional approach could enhance the effectiveness and consistency of policies across municipalities; THEREFORE BE IT RESOVLED that Staff be directed to contact colleagues in cities that have banned or strictly regulated fireworks, such as Vancouver, West Vancouver, Brampton, Woodstock, and Milton with the goal to gather feedback on: • The effectiveness of their fireworks bans or regulations. • Recommendations on best practices and strategies that are working well. • Challenges faced and lessons learned from their experiences; THEREFORE BE IT FURTHER RESOVED that Staff be further directed to connect with municipalities within the Region of Waterloo to discuss the fireworks issue, sharing insights, and exploring how to work together to develop a unified regional approach; THEREFORE BE IT FINALLY RESOVED that based on the consultations and regional discussions, Staff then report back to Council with their findings and recommendations by February 2025 and address: • How the City of Kitchener can make fireworks regulations more stringent; • Potential policies or actions that can be implemented to address the fireworks issue effectively; and, • Strategies for a coordinated regional effort to manage and enforce fireworks regulations." 9.3 Notice of Motion - D. Chapman - Consumption and Treatment Sites Councillor D. Chapman has given notice to introduce the following motion for consideration this date: Page 7 of 19 "WHEREAS one person dies every 2.5 hours from the toxic drug supply in Ontario; and, WHEREAS Safe Consumption Sites, also known as Consumption and Treatment Sites, have been instrumental in preventing thousands of drug overdose deaths; and, WHEREAS crime statistics from the Waterloo Regional Police Services indicate that the Kitchener Consumption and Treatment Site has not been linked to an increase in crime in its vicinity; and, WHEREAS closing Consumption and Treatment Sites will lead to increased drug use in public spaces; and, WHEREAS the closure of these sites would place additional strain on emergency services and the healthcare system; and, WHEREAS Consumption and Treatment Sites offer access to other health and medical services, aligning with the objectives of the HART hub planned by the Ontario Government; and, WHEREAS healthcare should emphasize prevention as well as treatment; THEREFORE BE IT RESOLVED THAT the City of Kitchener Council urges the Ontario government to continue funding all currently operating Consumption and Treatment Sites beyond the proposed termination date in March 2025; THEREFORE BE IT FURTHER RESOLVED THAT the City encourage the Ontario government to maintain funding for the proposed HART hubs; THEREFORE BE IT FINALLY RESOLVED THAT this resolution be forwarded to the Premier of Ontario, the Minister of Finance, the Health Minister and to municipalities that currently have an operating Consumption and Treatment Site/Safe Consumption Site." 10. QUESTIONS AND ANSWERS 11. BY-LAWS 11.1 1ST AND 2ND READING 11.1.a Being a by-law to name a private road as Cordoba Way, in the City of Kitchener. 11.1.b Being a by-law to designate the property municipally addressed as 56 Duke Street West, in the City of Kitchener as being of historic and Page 8 of 19 12. cultural heritage value or interest. 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 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.e 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.f To confirm all actions and proceedings of the Council for September 30, 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 adopt Amendment No. 58 to the Official Plan - 2980 King Street East. 11.2.b Being a by-law to amend By-law No. 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Charcoal Properties Ltd. — 2980 King Street East. COMMITTEE OF THE WHOLE 12.1 FOR INFORMATION 12.1.a Summary of Bid Solicitations Approved by the Chief Procurement Officer (April 1, 2024 — June 30, 2024), FIN -2024-373 13. BY-LAWS 13.1 3RD READING 13.1.a Being a by-law to name a private road as Cordoba Way, in the City of Kitchener. (By-law 2024-161) 13.1.b Being a by-law to designate the property municipally addressed as 56 Duke Street West, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-162) 13.1.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 2024-163) 13.1.d 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 2024-164) Page 9 of 19 13.1.e 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 2024-165) 13.1.f To confirm all actions and proceedings of the Council for September 30, 2024. (By-law 2024-168) 13.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 13.2.a Being a by-law to adopt Amendment No. 58 to the Official Plan - 2980 King Street East. (By-law 2024-166) 13.2.b Being a by-law to amend By-law No. 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Charcoal Properties Ltd. — 2980 King Street East. 14. ADJOURNMENT (By-law 2024-167) Page 10 of 19 How YOU can advocate for Volunteerism EMNIBUIZIEM Volunteerism is declining; The biggest contributors - Youth and Older Adults - have been facing challenges getting involved since the pandemic. This has led to a decline in volunteerism across the board. Don't let this go unnoticed! Bring awareness to the effects that are felt across your community, and highlight the need for formal volunteering to support your community!���� Volunteering is changing; The traditional approaches to volunteering do not attract volunteers like they used to. Flexibility and connection to a cause are some of the biggest things volunteers are looking for. Show others how to meet these challenges in new ways, and help them see the benefit of supporting and facilitating change. Do not get stuck in the old ways! Volunteering doesn't just happen; It is easy to see the effects of formal volunteering on the community, but it is hard to see how that same volunteering comes to be. The amount of work it takes to have a coordinated and concerted effort to help alleviate the problems that a community face is massive. Educate yourself and others about what it takes to run and coordinate a volunteer force. Investing in volunteerism helps everyone!�uha Volunteer WATERLOO REGION VCUMELP Staff Report � KIT(;I~II�NI�.IZ Community Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: September 30, 2024 SUBMITTED BY: Gloria MacNeil, Director, Bylaw Enforcement, 519-741-2200 ext 7952 PREPARED BY: Gloria MacNeil, Director, Bylaw Enforcement, 519-741-2200 ext 7952 WARD(S) INVOLVED: 9 and 10 DATE OF REPORT: September 23, 2024 REPORT NO.: CSD -2024-449 SUBJECT: Supplementary Report to CSD -2024-408 — Noise Exemption VanMar Constructor— 641 King Street West RECOMMENDATION: That staff be directed to complete a public consultation process as outlined in CSD - 24 -408 (Supplementary Report) to assess neighbourhood support for a noise exemption request from VanMar Constructors to begin construction at 641 King St. W. at 6:00am until April 30, 2025. REPORT HIGHLIGHTS: • VanMar Constructors ON Inc. requested a noise exemption to begin construction at 6:00 a.m. (instead of 7:00 a.m.) at 641 King St. W, from October 1, 2024, to April 30, 2025. • Staff recommended that the noise exemption be denied due to the extended duration of the request, staying consistent with past practices and the potential to set a precedent for other construction projects across the city. • At the FCS meeting on September 13, 2024, Council directed staff to conduct a public consultation process with residents near the construction site to determine if there is community support for the proposed noise exemption. • Staff are proposing the public consultation process include residents living within a 250 -metre radius of the construction site, and that staff return to Council in late October with the results of that survey to help inform a final decision on the requested exemption. BACKGROUND: Staff attended the Finance and Corporate Services Committee on September 13, 2024, after receiving a noise exemption request from VanMar Constructors ON Inc. The noise exemption request is to allow construction at 641 King St. W to begin at 6:00 a.m., instead of the currently permitted 7:00 a.m., from October 1, 2024, to April 30, 2025. Currently, Chapter 450 (Noise) permits construction to begin at 7:00 a.m. Based on staff's review, it was recommended that the noise exemption be denied by Council. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 12 of 19 During the meeting, several Councillors expressed a concern that there had not been sufficient public consultation from the contractor regarding this exemption request. As a result, Council directed staff to conduct additional public consultation to assess whether the surrounding neighbourhood would be in support of the earlier start time for construction. REPORT: In response to Council's direction, staff will develop and launch a survey targeting residents within approximately a 250 -metre radius of the construction site at 641 King St. W. Nearby Residents will also have the opportunity to provide open-ended feedback to explain their reasoning for either supporting or not supporting the exemption. Survey Distribution and Participation The survey will be distributed using a targeted approach. Part-time Bylaw Enforcement staff (who have knowledge of the City's noise bylaw and can respond to residents questions) will deliver postcards with a QR code linking residents directly to the online survey of all residential units and addresses within 250 metres of 641 King Street West. Only one response will be permitted per address. Staff will perform door -knocks to deliver the postcards encouraging participation from all the residents. If no one is home, the postcard will be left in the door/mailbox. The distribution effort is expected to take 1-2 days. The survey will remain open for a two-week period to allow time for responses, considering potential impacts of the upcoming long weekend and possible resident travel plans. Online Survey Details The online survey will also include additional resources, such as: • Information on the current noise bylaw regulations regarding construction start times. • A link to the original report presented to Council. • Contact information for inquiries. • Next steps. Following the two-week consultation period, staff will compile and analyze the feedback. The results of the survey will then be reported back to Council on October 28, 2024 for a decision by Council on whether to support or deny the noise exemption request. In the meantime, VanMar Constructors is permitted to continue with construction during the permitted hours. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The impact for conducting the public consultation is estimated to be $1000 for the creation and printing of the postcards, and approximately $1100 ($34.19/hr x 2 staff for 2 days) for bringing in additional staffing to deliver the postcards to residents. Page 13 of 19 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — Although public consultation is not typically part of the Noise Exemption approval process, this initiative will involve a targeted survey distributed to residents within 250 metres of the construction site to assess support for the proposed 6:00 a.m. construction start time. Residents will be asked to provide a yes/no response and explain their reasoning for supporting or opposing the exemption, and the feedback gathered will be vital in guiding Council's decision. PREVIOUS REPORTS/AUTHORITIES: • CSD -24-408 — Noise Exemption VANMAR Constructor On Inc 641 King Street West APPROVED BY: Michael May, General Manager, Community Services Department �(" l� I c, ll< ti,r t:,11.P IIIA a°pho �,, u:d;c r i[ xt, Page 14 of 19 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: September 30, 2024 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: July 3, 2024 REPORT NO.: FIN -2024-373 SUBJECT: Summary of Bid Solicitations Approved by the Chief Procurement Officer (April 1, 2024 — June 30, 2024) 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-six (26) bid solicitations approved in this quarter. • This report supports the delivery of core services. BACKGROUND: In accordance with 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." REPORT: Attachment 1 is a listing of the approved bid solicitations for Council's information. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 15 of 19 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 the budget control policy. 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. 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