Council Meeting Agenda

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Electronic Meeting

The City of Kitchener has aligned with provincial changes to COVID-19 restrictions and City Hall is now open for in person services, but appointments are still being encouraged. The City remains committed to safety of our patrons and staff and continue to facilitate electronic meeting participation for members of the public. Those people interested in participating in this meeting can register to participate electronically by completing the online delegation registration form at www.kitchener.ca/delegation or via email at delegation@kitchener.ca. For those who are interested in accessing the meeting live-stream video it is available at www.kitchener.ca/watchnow.

 

Please refer to the delegations section on the agenda below for registration deadlines. Written comments will be circulated prior to the meeting and will form part of the public record.

 

*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.*


The electronic meeting will begin with a Land Acknowledgement given by the Mayor and the singing of “O Canada.”

A Moment of Silence in Memory of Former Councillor Christina Weylie.

Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held May 30, 2022 and special meetings held May 9 and 16, 2022) - Councillor J. Gazzola. 

Alison Pearson, Manager, Community Engagement and Planning, Children and Youth Planning Table, and Barb Cardow, Director, Children's Services, Region of Waterloo, to present the Youth Impact Survey.

  1. That pursuant to Sections 30(2) and 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2022-IV-010 BE REFUSED to permit the partial demolition excluding the front façade and portions of the returns of the subject property municipally addressed as 16-20 Queen Street North, subject to the following conditions:
    1. That the final Heritage Impact Assessment and Conservation Plan be submitted and approved by the Director of Planning prior to the issuance of a Heritage Permit; and
    2. That a final Temporary Protection Plan, including a Demolition Plan and Stabilization Plan, a final Documentation and Salvage Plan, and a final Risk Management Plan 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; and
    3. That a final Vibration Monitoring Plan 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; and
    4. That the owner obtain heritage approval under the Ontario Heritage Act and a Building Permit under the Building Code for the 34-storey residential tower, prior to the issuance of a demolition permit.
  2. That pursuant to Sections 30(2) and 33 of the Ontario Heritage Act, Heritage Permit Application HPA-2022-IV-011 BE REFUSED to permit the new construction of a 34-storey residential tower on the subject property municipally addressed as 16-20 Queen Street North, subject to the following conditions:
    1. That the final Heritage Impact Assessment and Conservation Plan be submitted and approved by the Director of Planning prior to the issuance of a Heritage Permit; and
    2. That a final Temporary Protection Plan, including a Demolition Plan and Stabilization Plan, a final Documentation and Salvage Plan, and a final Risk Management Plan 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; and
    3. That a final Vibration Monitoring Plan 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; and
    4. That the owner obtain heritage approval under the Ontario Heritage Act and a Building Permit under the Building Code for the 34-storey residential tower, prior to the issuance of a demolition permit.

That Council approve the creation of an Interim Nominating Committee to review and select applicants for the 2022 round of membership appointments to the Equity and Anti-Racism Advisory Committee, as outlined in Corporate Services Department report COR-2022-212; and further,

That Council approve the revised Terms of Reference for the Equity & Anti-Racism Advisory Committee, as outlined in Appendix A of Report COR-2022-212.

That staff be directed to launch an equity-driven community engagement process to gather ideas and feedback from the community with respect to the Queen Victoria statue located in Victoria Park, as outlined in Corporate Services Department report COR-2022-253; and,

That staff be directed to launch a public education process around the history related to Queen Victoria, the statue and its impacts; and further,

That staff be directed to commission new temporary  public artwork that recognizes Indigenous Peoples on the site while the engagement process occurs.

That Council approve the recommended amendments to the City Facility Usage by Groups or Events Policy (MUN-FAC-2030), as outlined in Corporate Services Department report COR-2022-210; and,

That Council approve the recommended amendments to the Display & Posting – Community Facilities Policy (MUN-FAC-405); and,

That Council approve the recommended amendments to the Municipal Sponsorship Policy (GOV-COR-2000); and further,

That Council approve the recommended criteria statement to be added to all community grants provided by the City of Kitchener, including the RISE Fund, Tier 2 Community Grants, LoveMyHood matching grants, and Facilities grants.

"That Financial Services Department report FIN-2022-284, be deferred to August 8, 2022 Finance and Corporate Services Committee meeting for consideration."

That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bingemans on June 23, 24, 2022 for the I Heart Beer Festival being held at 425 Bingeman Centre Drive, as outlined in Community Services Department report CSD-2022-262; and further,

This exemption is subject to the following conditions, which if not complied with, will render the noise exemption null and void:

There shall be no offensive language, in the opinion of City staff, generated from the music events, audible in any adjacent residential neighbourhood;
The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event(s);
The event organizers agree to respond accordingly to requests from City staff, during the event(s), in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas.

That Development Services Department report DSD-2022-281 regarding Growth Related Funding Tools – Cumulative Impact Assessment, be received.

That Spaces be approved and recognized as the City’s Parks Plan pursuant to the requirements of the Planning Act, as outlined Infrastructure Services Department staff report INS-2022-224; and,

That the updated Park Dedication By-Law Chapter 273 and Park Dedication Policy be approved, as amended, in the form shown in “Proposed Park Dedication By-Law (2022)” and “Proposed Park Dedication Policy (2022)”, attached to Report INS-2022-224 as Attachment “C” and Attachment “D”; and,

That staff be directed to work with the school boards to explore shared use agreements that provide for a common understanding of where public use can be supported on existing school board lands, and where school board use of public parks may occur; and,

That staff be directed to continue to work with agencies such as Kitchener Wilmot Hydro and Hydro One in managing areas of transmission corridors to support and link a planned park and open space system, and continue to work with partners such as Chicopee Ski Hill and the Grand River Conservation Authority to enhance the City’s parks and open space system; and,

That staff be directed to identify specific properties of interest for acquisition or repurpose (in the event lands are identified that are in public ownership) to address identified Critical Needs Areas and bring these forward when opportunities exist to Council; and,

That staff be directed to incorporate relevant directions from Spaces into the City’s Official Plan through its next review; and,

That staff be directed to consider, prior to the sale of any City-owned property, that such property be considered for use as parkland in any community having a high or critical need for parkland acquisition, in equal consideration with affordable housing and economic development; and,

That staff be directed to remove the downtown exemptions for parkland dedication requirements such that all development within the downtown will be subject to parkland dedication requirements; and,

That staff be directed to investigate and bring a report to Council before the 2024 budget cycle on other ways in which parkland acquisition might be advanced and funded, including exploring tools such as a special tax program that would support the Parkland Reserve fund to acquire parkland above and beyond the tools proposed in Spaces and the Parkland Dedication Bylaw; and further,

That the proposed Places & Spaces report be amended so that no parkland dedication requirements be charged to any supportive or highly subsidized (rent geared to income) affordable housing projects as part of this new plan.

That Council approve the addition of 2 Full Time Equivalent (FTE) in the Sanitary and Stormwater Utilities to support the transfer of environmental approvals from the Ministry to the City as part of the new Consolidated Linear Infrastructure Environmental Compliance Approval (CLI-ECA) regulatory change, as outlined in Infrastructure Services Department report INS-2022-278.

That the Upper Hidden Valley Sanitary Pumping Station and Forcemain Environmental Study Report (ESR) prepared by MTE Consultants, dated May 25, 2022, which recommends Alternative 2a as the preferred sanitary pumping station, be received, as outlined in Development Services Department report DSD-2022-258; and,

That the Upper Hidden Valley Sanitary Pumping Station and Forcemain Environmental Study Report (ESR) be filed with the Ministry of the Environment for the mandatory thirty (30) days review period as required by the Environmental Assessment (EA) Act.

That a speed cushion be installed midblock on Old Huron Drive between Battler Road and Maxwell Drive, as outlined in Development Services Department report DSD-2022-197; and,

That a speed cushion be installed midblock on Biehn Drive between Maxwell Drive and Old Huron Place; and,

That a speed cushion be installed midblock on Biehn Drive between Old Huron Place and Carlyle Drive; and,

That a speed cushion be installed on Biehn Drive between Marl Meadow Drive and McLeod Court; and,

That a speed cushion be installed on Biehn Drive between Mitton Place and Kilkerran Crescent/Robertson Crescent; and,

That a speed hump be installed on Maxwell Drive between Calvert Close and Biehn Drive; and,

That improvements to the pedestrian crossing facilities at the intersection of Biehn Drive and Black Walnut Drive be implemented; and further,

That the Uniform Traffic By-law be amended accordingly.

That a segment of sidewalk be constructed on Pioneer Tower Road connecting Baxter Place to Grove Court, as outlined in Development Services Department report DSD-2022-196; and,

That a sidewalk widening from 0.9m to 1.8m be implemented on Pioneer Tower Road between Pioneer Grove Court and Marquette Drive; and,

That a roadway narrowing be installed midblock on Pioneer Tower Road between Pioneer Grove Court and Marquette Drive; and,

That a speed cushion be installed midblock on Pioneer Tower Road between Marquette Drive and Maple Manor Court; and,

That a roadway narrowing be installed midblock between Maple Manor Court and Pioneer Ridge Drive; and,

That pavement marking and signage improvements be implemented at Pioneer Tower Road and Pioneer Ridge Drive; and further,

That the Uniform Traffic By-law be amended accordingly.

That the General Manager of Development Services be authorized to execute a memorandum of agreement with the Region of Waterloo, and the cities of Waterloo and Cambridge, subject to the satisfaction of the City Solicitor, to formalize their respective roles and other agreements or amendments in relation to the Shared Micromobility Program, as outlined in Development Services Department report DSD-2022-254; and,

That the General Manager of Development Services be authorized to execute a licence agreement between the selected service provider, the Region of Waterloo, the City of Kitchener, the City of Waterloo, and the City of Cambridge; and,

That any Multi-use Trail beyond the municipal rights-of-way excluding unsurfaced trails such as granular and dirt trails under the ownership and/or operation of the City of Kitchener be designated to permit the use of electric kick scooters; and,

That the attached bylaw changes be enacted to support the use of e-scooters in the City; and further,

That the Traffic and Parking By-Law be amended accordingly.

That Zoning By-law Amendment Application ZBA22/004/B/TS for Mattamy (South Estates) Limited, for the property municipally addressed as 1525 Bleams Road, be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Development Services Department report DSD-2022-257 as Appendix “A”; and further,

That the City of Kitchener, pursuant to Section 51 (44) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and Delegation By-law 2002-64, hereby modifies the conditions of draft approval for Plan of Subdivision Application 30T-08206, in the City of Kitchener, for Mattamy (South Estates) Limited, as attached to Report DSD 2022-257 as Appendix ‘B’.

That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 of the City of Kitchener, as amended, grant draft approval to Condominium Application 30CDM-22203 for 55 Franklin Street South in the City of Kitchener, subject to the conditions shown in Appendix 'A' of Development Services Department report DSD-2022-255.

That Official Plan Amendment Application OPA20/006/K/AP, for 276 King East Inc., for the property municipally addressed as 276 King Street East, requesting to add Site Specific Policy Area 5 to Map 4 – Urban Growth Centre (Downtown) of the Official Plan and to add associated Site Specific Policy 15.D.2.68 to the Official Plan, to permit a mixed use building with a maximum floor space ratio of 4.8, and a maximum building height of 28.5 metres or 7-storeys, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2022-213 as Attachment A, and accordingly forwarded to the Regional Municipality of Waterloo for approval; and,

That Zoning By-law Amendment Application ZBA20/015/K/AP for 276 King East Inc. be approved in the form shown in the “Proposed By-law” and “Map No. 1” attached to Report DSD-2022-213 as Attachment B; 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 ZBA20/015/K/AP; and further,

That the Urban Design Brief for 276 King Street East, prepared by GSP Group, dated May 2022, attached to Report DSD-2022-213 as Attachment C, be endorsed and provide general direction for future site plan development.

That the following motion be deferred to the June 20, 2022 Council meeting to allow staff additional opportunity to work with the applicant on a Transportation Impact Study (TIS) to address potential transportation safety concerns raised this date: 

"That Official Plan Amendment Application OPA/21/011/V/ES, for Innovation Developments Kitchener Limited, for the property municipally addressed as 146-162 Victoria Street South and 92-110 Park Street, requesting to add Site Specific Policy Area 6 to Map 4 – Urban Growth Centre (Downtown) of the Official Plan and to add Site Specific Policy 15.D.2.69 to facilitate a mixed use development having 1,124 residential units and 1,750 square metres of commercial space with a Floor Space Ratio (FSR) of 11.7, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2022-263 as Attachment ‘A’, and accordingly forwarded to the Regional Municipality of Waterloo for approval, and,

That Zoning By-law Amendment Application ZBA21/017/V/ES for Innovation Developments Kitchener Limited be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Development Services Department report DSD-2022-263 as Attachment ‘B’; and further,

That in accordance with Planning Act Section 45 (1.3 & 1.4), applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA21/017/V/ES."

Councillor B. Ioannidis has given notice to introduce the following motion for consideration this date:

"WHEREAS there has been an overall and consistent decline in voter turnout for municipal, provincial, and federal elections in Canada and in Waterloo Region, despite the act of voting being essential to the proper functioning of the democratic process; and,

WHEREAS many residents struggle to access transportation to polling stations on election days, due to a lack of transportation available, physical mobility or accessibility issues, and/or socioeconomic status; and,

WHEREAS any initiative to boost attention and incentives to vote on election days warrants attention and exploration in order to assist the democratic process and increase voter turnout; and,

WHEREAS the Region of Waterloo has a vested interest in increasing voter engagement in the municipal election; and,

WHEREAS in the past the Region of Waterloo has provided free transit for events with regional significance such as Oktoberfest and New Year’s Eve; 

THEREFORE BE IT RESOLVED THAT correspondence be sent to the Region of Waterloo on behalf of Kitchener Council to request free public transportation on election day for the Municipal and School Board Election, as well as for the Provincial, and Federal Election days, so as to generate more attention about elections and polling station locations, and to encourage and make it possible for more residents to vote, that would otherwise be unable to access their polling stations."

12.1

That Quotation Q22-041 Doon Valley Golf Course Renovations, be awarded to North Gate Farms Ltd. Campbellville, Ontario, at their adjusted quoted price of $442,428.00, plus H.S.T. of $57,515.64, for a total of $499,943.64, provided a satisfactory contract is executed.

That Tender T22-033 Uniroyal-Goodrich Park and Fenwick Green Improvements, be awarded to Quality Property Services. Toronto, Ontario, at their quoted price of $219,553.74., plus H.S.T. of $23,146.45, for a total of $232,700.19, provided a satisfactory contract is executed.

That the Brownfield Financial Incentive Program Application for 152 Shanley Street, received from 2701098 Ontario Inc. (Shannondale Developments) dated January 27, 2021, be approved subject to the Region of Waterloo’s approval; and,

That in exchange for a completed and filed Record of Site Condition for the subject property, the owner will be provided a tax incremental grant on the redevelopment of the property in the form of a rebate issued on a proportionate basis, annually for a period not to exceed 10 years, on City taxes in an amount equal to 100% of the City Tax Increment; and,

That the City Tax Increment be defined as the difference between the City portion of real property taxes for the 2021 taxation year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project as compensation for the remediation of the above subject lands; and,

That the City property tax grant is estimated to be $781,670 based on today’s estimated City tax increment; payable in equal portions over a 10-year period following re-assessment by MPAC, but subject to adjustment at the time the City Tax Increment is actually calculated following completion of the project and the property is re-assessed by MPAC; and,

That the Region of Waterloo Brownfield Coordinator be circulated a copy of any decision made by Kitchener City Council regarding this Application; and further,

That the Mayor and Clerk be authorized to execute an Agreement, subject to the satisfaction of the City Solicitor, with the Region of Waterloo and 2701098 Ontario Inc., to implement the provisions of the Brownfield Financial Incentive Program Application for 152 Shanley Street, as outlined in Development Services Department report DSD-2022-106.

That a traffic calming review for Manchester Road between River Road East and Nottingham Avenue be initiated in 2022, as outlined in Development Services Department report DSD-2022-251.

That the City of Kitchener acknowledge that 99 North Hill Place LP intends to name a private street 'North Ridge Terrace' for a residential development located at 99, 107 & 109 North Hill Place and 29 Chicopee Terrace, as outlined in Development Services Department report DSD-2022-226; and,

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 'North Ridge Terrace'.

That the supply rate of natural gas be increased to 21.45 cents per cubic meter from 16 cents per cubic meter for system gas customers of Kitchener Utilities effective August 1st, 2022; and,

That the supply rate of natural gas be reviewed quarterly against market conditions and necessary changes to be brought forward for Council approval.