Council Meeting Agenda

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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 [email protected]. 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.

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1.
COMMENCEMENT

 

The meeting will begin with a Land Acknowledgement given by the Mayor.

1.1
Girl Guides will be in attendance for the singing of “O Canada.”

 

The 24th Kitchener Embers, 28th Kitchener Embers, 24th Kitchener Guides, 26th Kitchener Guides, 28th Kitchener Guides, 25th Kitchener Pathfinders, 28th Kitchener Pathfinders, 11th Kitchener Sparks and 22nd Kitchener Rangers will be in attendance this evening to lead the Mayor and Members of Council and all those in attendance for the signing of "O Canada"

2.
OFFICE OF WARD 10 - COUNCILLOR APPOINTMENT AND OATH OF OFFICE - STEPHANIE STRETCH

 

3.
MINUTES FOR APPROVAL

 

Minutes to be accepted as circulated to the Mayor and Councillors (regular meeting held December 11, 2023, and special meetings held December 11, 2023, December 14, 2023 and January 8, 2024) - Councillor S. Davey.

4.
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.

5.
COMMUNICATIONS REFERRED TO FILE

 

6.
PRESENTATIONS

 

7.
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 on January 22, 2024, in order to participate electronically.

8.
REPORTS OF COMMITTEES

 

8.1
FINANCE AND CORPORATE SERVICES COMMITTEE - JANUARY 8, 2024

 

8.1.a
Administrative Penalty System - Other Bylaw Offences, CSD-2023-121

 

That City Council authorize and direct staff to expand the Administrative Monetary Penalty System, as set out in Community Services Department report CSD-2023-121; and,

That City Council approve the Administrative Penalty By-law for Non-Parking By-laws (Schedule A); and,

That City Council approve the By-law to repeal and replace By-law 2019-040, being the Screening and Hearing Officer By-law (Schedule B); and,


That City Council approve amendments to the following By-laws:

    • Parks By-law Chapter 270, as amended
    • Animals Regulations Chapter 408, as amended
    • Dog Designations Chapter 420, as amended
    • Responsible Dog Ownership Chapter 421, as amended
    • Noise By-law Chapter 450, as amended
    • Public Nuisances - Chapter 467, as amended
    • Management of Shopping Carts Chapter 475, as amended
    • Alternative Massage Centres Chapter 508, as amended
    • Fences Chapter 630, as amended
    • Graffiti Chapter 637, as amended
    • Heat in Rented Dwellings Chapter 640, as amended
    • Lot Maintenance Chapter 650, as amended
    • Standards of Maintenance and Occupancy of Property Chapter 665, as amended
    • Signs Chapter 680, as amended
    • Snow and Ice Removal from Roofs and Sidewalks Chapter 687, as amended
    • Trees Chapter 690, as amended
    • Tree – Protection-Destruction-Injury Chapter 691, as amended
    • Vacant Building Secured Chapter 694, as amended
    • Open Air Burning Chapter 711, as amended
    • Fireworks and Fire Crackers Chapter 739, as amended
    • Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles Chapter 820, as amended
    • Excavations within Highways Chapter 827, as amended
    • Hedges and Other Objects Traffic Hazards Chapter 842, as amended
    • Work Permit – Work on Roadways Chapter 890, as amended
    • Boulevard Beautification and Maintenance Chapter 895, as amended; and further, 

That City Council approve the amendments to the following policies relating to the Administrative Monetary Penalty System:

    • GOV-COU-2015 - Conflict of Interest and Code of Conduct
    • GOV-COU-2016 – Public Complaints
    • GOV-COU-2017 - Recruitment and Selection of Screening and Hearing Officers
    • GOV-COU-2018 - Financial Management and Reporting
    • GOV-COU-2019 - Preventing Political Interference
    • GOV-COU-2020 - Undue Hardship."

8.2
HERITAGE KITCHENER - JANUARY 9, 2024

 

8.2.a
Heritage Permit Application HPA-2023-IV-030, 149-151 Ontario St N and 21 Weber St W, Partial Demolition with Retention of Facades and New Construction of a 27-storey Mixed-Use Tower, DSD-2024-008

 

That pursuant to Sections 30(2), 33, and 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2023-IV-030, as outlined in Development Services Department report DSD-2024-008, be approved to permit:

    1. The partial demolition excluding the front (west) and south facades and the alteration of the roof, bay windows, brick quoining, door openings with transoms, and chimney on the property municipally addressed as 149-151 Ontario Street North; and,
    2. The new construction of a 27-storey mixed-use tower on the property municipally addressed as 149-151 Ontario Street North and 21 Weber Street West, subject to the following conditions:
      1. That the final Heritage Impact Assessment and Conservation Plan be submitted and approved by the Director of Housing and Development Approvals prior to the issuance of a Heritage Permit;
      2. That a final Temporary Protection Plan, including a Demolition and Stabilization Plan, Structural Assessment Report, and Risk Management Plan, be submitted to the satisfaction of the City’s Manager of Development Applications and the City’s Heritage Planner prior to the issuance of a Heritage Permit;
      3. That a final Documentation and Salvage Plan be submitted to the satisfaction of the City’s Manager of Development Applications and the City’s Heritage Planner prior to the issuance of a Heritage Permit;
      4. That the Demolition Permit be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a Demolition Permit; and,
      5. That the Building Permit be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a Building Permit.

8.2.b
Municipal Heritage Register Review - January 2024 Update, DSD-2024-022

 

That pursuant to Section 29 of the Ontario Heritage Act, the cultural heritage value or interest be recognized, and designation pursued for the properties municipally addressed as 33 Eby Street South and 72 Victoria Street South, as outlined in Development Services Department report DSD-2024-022.

9.
UNFINISHED BUSINESS

 

9.1
Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law Amendment Application ZBA23/018/W/TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD-2023-430

 

That the following motion be deferred to the January 22, 2024 Council meeting, or sooner, to allow an opportunity for Staff to engage with the Region of Waterloo to determine a timeline for discussions regarding pedestrian safety and traffic calming measures on Fairway Road North:

"That Official Plan Amendment Application OPA23/011/W/TS for the Waterloo Catholic District School Board, for the property municipally addressed as 20 Woolner Trail, requesting the addition of Specific Policy Area No. 67 for the lands specified and illustrated as the “Area of Amendment” on Schedules ‘A’ and ‘B’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-430 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and further,

That Zoning By-law Amendment Application ZBA23/018/W/TS for the Waterloo Catholic District School Board be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2023-430 as Appendix ‘B’."

9.2
Official Plan Amendment Application OPA23/008/B/ES, Zoning By-law Amendment Application ZBA23/012/B/ES - 93-99 Benton Street and 39-43 St. George Street, DSD-2023-514

 

Please be advised, while this matter was deferred to the Council meeting this date, it will no longer be considered as it has been appealed to the Ontario Land Tribunal.

10.
NEW BUSINESS

 

10.1
MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC

 

10.2
Notice of Motion - D. Schnider - Affordable Housing

 

Councillor D. Schnider has given notice to introduce the following motion for consideration this date:

"WHEREAS the Region of Waterloo is experiencing housing crisis; 
WHEREAS the City of Kitchener continues to respond in a strategic and agile manner to build a city for everyone where, together, we take care of the world around us – and each other;
WHEREAS the City of Kitchener has committed to addressing affordable housing through the Housing For All Strategy;
WHEREAS the City of Kitchener has identified underutilized City-owned lands as opportunities to support increased housing options, including affordable and attainable housing, through the Make It Kitchener 2.0 and the Housing for All strategies; 
WHEREAS the City of Kitchener has recently partnered with the Government of Canada to increase housing through the Housing Accelerator Fund; 
WHEREAS City Council, through the 2019-2022 Strategic Plan, tasked City staff to undertake a review of City-owned land; and,
WHEREAS City of Kitchener staff expect to present a City-Owned Land Disposition Framework in early 2024;
THEREFORE, BE IT RESOLVED THAT staff be directed to identify surplus and/or underutilized parcels of City-owned land including surface parking lots which could be considered for the development of housing, including supportive and affordable housing and to present a list of options to City Council by the end of Q2 of 2024."  

11.
QUESTIONS AND ANSWERS

 

12.
BY-LAWS

 

12.1
1ST AND 2ND READING

 

12.1.a
Being a by-law with respect to the appointment of screening and hearing officers.

 

12.1.b
Being a by-law to designate the property municipally addressed as 28 Burgetz Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

12.1.c
Being a by-law to designate the property municipally addressed as 120 Victoria Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

12.1.d
Being a by-law to designate the property municipally addressed as 628 New Dundee Road, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

12.1.e
Being a by-law to designate the property municipally addressed as 64 Water Street North, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

12.1.f
Being a by-law to designate the property municipally addressed as 35 and 43 Sheldon Avenue North, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

12.1.g
Being a by-law to designate the property municipally addressed as 90-92 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

12.1.h
Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement.

 

12.1.i
To confirm all actions and proceedings of the Council for January 22, 2024.

 

12.2
LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES

 

13.
COMMITTEE OF THE WHOLE

 

14.
REPORT OF THE COMMITTEE OF THE WHOLE

 

15.
BY-LAWS

 

15.1
3RD READING

 

15.1.a
Being a by-law with respect to the appointment of screening and hearing officers.

 

(By-law 2024-002)

15.1.b
Being a by-law to designate the property municipally addressed as 28 Burgetz Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

(By-law 2024-008)

15.1.c
Being a by-law to designate the property municipally addressed as 120 Victoria Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

(By-law 2024-009)

15.1.d
Being a by-law to designate the property municipally addressed as 628 New Dundee Road, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

(By-law 2024-010)

15.1.e
Being a by-law to designate the property municipally addressed as 64 Water Street North, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

(By-law 2024-011)

15.1.f
Being a by-law to designate the property municipally addressed as 35 and 43 Sheldon Avenue North, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

(By-law 2024-012)

15.1.g
Being a by-law to designate the property municipally addressed as 90-92 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest.

 

(By-law 2024-013)

15.1.h
Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement.

 

(By-law 2024-014)

15.1.i
To confirm all actions and proceedings of the Council for January 22, 2024.

 

(By-law 2024-018)

15.2
LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES

 

16.
ADJOURNMENT

 
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