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 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.

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1.
COMMENCEMENT

 

The electronic 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 June 26, 2023, and special meetings held June 23, 29, and August 14, 2023) - Councillor A. Owodunni.

3.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

 

4.
COMMUNICATIONS REFERRED TO FILE

 

5.
PRESENTATIONS

 

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 10:00 a.m. on August 28, 2023, in order to participate electronically.

7.
REPORTS OF COMMITTEES

 

7.1
HERITAGE KITCHENER - AUGUST 1, 2023

 

7.1.a
Notice of Intention to Designate 64 Water Street North under Part IV of the Ontario Heritage Act, DSD-2023-317

 

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 64 Water Street North as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-317.

7.2
FINANCE AND CORPORATE SERVICES COMMITTEE - AUGUST 14, 2023

 

7.2.a
Approval of Terms of Reference - Committee of Adjustment and Property Standards Appeal Committee, COR-2023-320

 

That the Terms of Reference for the Committee of Adjustment attached as Appendix ‘A’ to Corporate Services Department report COR-2023-320 be approved; and,

That the Terms of Reference for the Property Standards Appeal Committee attached as Appendix ‘B’ to Corporate Services Department report COR-2023-320 be approved; and further,

That the Clerk be directed to include the approved Terms of References into the City’s Policy manual and number them sequentially as per the existing number sequence.

7.2.b
Appointments to Business Improvement Areas & Amendment to Establishing By-law, COR-2023-332

 

That Council confirm the following appointments to the Belmont Business Improvement Area (BIA) Board of Management for a term to expire on November 14, 2026 or upon appointment of their successors, as outlined in Corporate Services Department report COR-2023-332;

  • George Broughton
  • Linda Nelson
  • Margaret Tofflemire
  • Valeria Rigler
  • J D Zehr
  • Noelle English

That Council confirm the following appointments to the Downtown Business Improvement Area (BIA) Board of Management for a term to expire on November 14, 2026 or upon appointment of their successors;

  • Darryl Moore
  • Phong Tran
  • Cara Watson
  • Jessica Toomer
  • Jordan Dolson
  • Julie Phillips
  • Laird Robertson
  • Martha Wallace
  • Michael Rederer
  • Sarah Pearson

That Chapter 70 of the Municipal Code be amended to reflect the request of the Downtown Business Improvement Area Board of Management to clarify the number of Directors to be elected, in accordance with the by-law in Appendix B.

7.2.c
Noise Exemption - Holy Trinity Serbian Church - 700 Fischer Hallman Road - Sept 2 and 3, 2023, CSD-2023-296

 

That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Holy Trinity Serbian Orthodox Church at 700 Fischer Hallman Road, for their annual BBQ and Bull Roast to be held on September 2 and 3, 2023, between the hours of 11 a.m. and 10 p.m., as outlined in Community Services Department report CSD-2023-296.

7.2.d
Noise Exemption - The Falls Road Pub - 296 Victoria Street North, CSD-2023-297

 

That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Falls Road Pub for their end of season Bike Night, being held at 296 Victoria St North on September 19, 2023, as outlined in Community Services Department report CSD-2023-297.

7.2.e
Noise Exemption - K-W Oktoberfest Inc. - Various Locations - September 22 through October 14, 2023, CSD-2023-169

 

That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K-W Oktoberfest Inc. for a series of events being held at various clubs between September 22 through October 14, 2023, as outlined in the letter from K-W Oktoberfest Inc., dated May 16, 2023 attached to Community Services Department report CSD-2023-169.

7.2.f
Noise Exemption - Burning House Music Festival - Bingemans - September 16, 2023, CSD-2023-333

 

That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sigma Chi Fraternity for Burning House Music Festival event being held at 425 Bingeman Centre Drive on September 16, 2023 from 4 p.m. – 11 p.m., as outlined in Community Services Department report CSD-2023-333, subject to the following conditions, which, if not complied with, will render the noise exemption null and void:

  1. 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);
  2. The event organizer will be responsible for the cost of a pay-duty Noise Officer, to be assigned specifically to these event(s);
  3. 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; and
  4. The maximum decibel level (dba) audible from a residential area shall not exceed 55 dba.
  5. All events must end no later than 11 p.m.

7.2.g
2023-2026 Strategic Plan Development - Proposed Strategic Plan Content, CAO-2023-337

 

That the initial set of Actions for the City of Kitchener 2023-2026 Strategic Plan as contained in Appendix 'C' to Chief Administrator's Office report CAO 2023-337 be approved.

7.2.h
Collaboration Space in the UW Innovation Arena, DSD-2023-328

 

That up to $450,000 from the Economic Development Investment Fund 2.0 (EDIF 2.0) be allocated to support the completion of leasehold improvements for the City of Kitchener’s space to be located at 280 Joseph St West, Kitchener Ontario; and,

That the annual operating costs for Common Area Maintenance fees, estimated at $17,500, be referred to the 2024 budget process; and further,

That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, subject to the satisfaction of the City Solicitor, including the execution of a lease agreement, in accordance with Development Services Department report DSD-2023-328.

7.2.i
2023/2024 Natural Gas Rates, INS-2023-334

 

That the supply component of the natural gas rate be decreased to 16.70 cents per cubic meter from 20.85 cents per cubic meter for system gas customers of Kitchener Utilities effective November 1, 2023; and,

That Kitchener Utilities’ natural gas variable and fixed delivery rates be approved as proposed in Infrastructure Services Department report INS-2023-334 - Attachment 'A', for all Kitchener delivery customers effective November 1, 2023; and further,

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

7.3
PLANNING AND STRATEGIC INITIATIVES COMMITTEE - AUGUST 14, 2023

 

7.3.a
Zoning By-law Amendment Application ZBA23/017/D/CD, Lifting of Holding Provision 95H, 206, 210 Duke Street East and 46, 50 Madison Avenue North, The Knossos Housing Corp. of Waterloo Region, DSD-2023-305

 

That Zoning By-law Amendment Application ZBA23/017/D/CD for The Knossos Housing Corporation of Waterloo Region, for the properties municipally addressed as 206, 210 Duke Street East and 46, 50 Madison Avenue North, for the purpose of removing Holding Provision 95H 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-2023-305, as Appendix ‘A’, be approved.

7.3.b
Zoning By-law Amendment Application ZBA22/020/H/TS, Lifting of Holding Provision 15H, 495 Huron Road, Activa Holdings Inc., DSD-2023-330

 

That Zoning By-law Amendment Application ZBA22/020/H/TS for Activa Holdings Inc., for the property municipally addressed as 495 Huron Road, 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-2023-330 as Appendix ‘A’, be approved.

7.3.c
Zoning By-law Amendment Application ZBA23/020/C/TS, Lifting of Holding Provision 15H, 15 Cedar Street North, Nimbell Holdings Inc., DSD-2023-326

 

That Zoning By-law Amendment Application ZBA23/020/C/TS for Nimbell Holdings Inc., for the property municipally addressed as 15 Cedar Street North, 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-2023-326 as Appendix ‘A’, be approved.

7.3.d
Zoning By-law Amendment Application ZBA23/015/Q/ES, 1154 Queen's Boulevard, Sunset Hills Estates Corp., DSD-2023-323

 

That Zoning By-law Amendment Application ZBA23/015/Q/ES requesting to amend Zoning By-law 2019-051, for Sunset Hills Estates Corp., for the property municipally addressed as 1154 Queen's Boulevard, be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’ attached to Development Services Department report DSD-2023-323 as Attachments ‘A1’ and ‘A2’; and further,

That in accordance with Planning Act Section 45 (1.3 and 1.4), applications for Minor Variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA23/015/Q/ES.

7.3.e
Speed Limit Review - School Zones and Bingemans Centre Drive, DSD-2023-286 AND Follow up report DSD-2023-371

This item has attachments. 
1.DSD-2023-371 - Council Motion DSD-2023-286 - Bingemans Centre Drive.pdf

That staff be directed to report back at the next Council meeting with an increased speed limit on Bingeman Centre drive to 60 km/hr considering any suggested signage changes or other measures to reduce hotspot areas of concern; and further,

That the following motion be deferred to a future Council meeting, to allow additional time for the Region of Waterloo to complete their review of their pilot project school zone speed limits:

“That staff be directed to report back with suggested “school hours” timing, where school zone speed limits may be restricted to 30 km/hr but outside school hours could be 40 km/hr, in tandem with the Region of Waterloo's discussions.”

Note: An addendum report, Development Services Department report DSD-2023-371 on this matter has been provided for consideration. 

7.3.f
Downtown Kitchener Draft Vision and Principles, DSD-2023-315

 

That the comprehensive community engagement results received to date, combined with Council feedback, as outlined in Development Services Department report DSD-2023-315, be used with input from the Downtown Community Working Group to finalize a vision statement and set of principles; and further,

That staff report back with the final vision and set of principles for Council approval later in 2023.

8.
UNFINISHED BUSINESS

 

8.1
Lived Expertise Working Group - First Year Review, DSD-2023-295, listed as item 12.1.a, DSD-2023-366

This item has attachments. 
1.DSD-2023-366 - Supplemental Report to DSD-2023-295 Housing for All Strategy Lived Expertise Working Group.pdf

"That the following motion be deferred to the August 28, 2023 Council meeting, to allow for an opportunity to further discuss the partnership with the Lived Expertise Working Group (LEWG) and Social Development Centre Waterloo Region (SDCWR) about the preferred approach to establish a City driven Lived Experience Working Group, and during this two month deferral, the City will continue to provide funding to the SDCWR in accordance with the previously approved agreement:

"That the $30,000 already committed to the operation of the Lived Expertise Working Group (LEWG) for year 2 from Kitchener’s operating budget be allocated as outlined in DSD-2023-295; and,

That the City transfer $23,600 to the SDCWR (Social Development Centre Waterloo Region) for year 2 costs in accordance with the Purchase of Services Agreement signed June 13, 2022; and further,

That staff, together with the facilitator of the Lived Expertise Working Group, report back to Council at the conclusion of the pilot program in 2024 on next steps for the LEWG."

Note: An addendum report, Development Services Department report DSD-2023-366 on this matter has been provided for consideration, which was deferred to the Council meeting this date. 

9.
NEW BUSINESS

 

9.1
MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC

 

9.2
Notice All-Council Meeting / Region of Waterloo & Area Municipalities - Education Session

 

Mayor and Members of Kitchener City Council have been invited to participate in a joint closed meeting with the Councils of the Regional Municipality of Waterloo and all Area Municipalities within the Region of Waterloo on Friday September 15, 2023 at 1:00 p.m. to be held in the Region of Waterloo, 150 Frederick Street, Council Chambers, with the option for members to participate electronically. The meeting will be in accordance with Section 239 (3.1) of the Municipal Act, 2001, for the purpose of training and education. Further notice of the meeting will be published at www.regionofwaterloo.ca. 

Council is asked to enact the following resolution to authorize an in-camera meeting:

"That a joint in-camera meeting of City Council be held with the Councils of the Regional Municipality of Waterloo and all Area Municipalities within the Region on Friday September 15, 2023 at 1:00 p.m. to be held at the Region of Waterloo, Council Chambers, 150 Frederick Street, Kitchener, with a further option for members to participate electronically, to receive education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001, respectively."

9.3
Notice of Motion - C. Michaud - Gender Based Violence

 

Councillor C. Michaud has given notice to introduce the following motion for consideration this date:

“WHEREAS in 2022, it was estimated that one woman or girl is killed every 48 hours in Canada, primarily by men; and,
WHEREAS the Renfrew County issued 86 recommendations to the Province of Ontario aimed at combatting increasing levels of Intimate Partner Violence, in light of an inquest into the deaths of three local women at the hands of a man with a long history of stalking and domestic violence convictions; and,
WHEREAS the number one recommendation of the inquest was for the Province of Ontario to declare Intimate Partner Violence an epidemic; and,
WHEREAS 30 municipalities across Ontario have declared Intimate Partner Violence an epidemic; and,
WHEREAS in March 2019, Ontario's tri-cities of Kitchener, Waterloo and Cambridge ranked as the least safe and least healthy place for women among the 26 largest metropolitan areas in Canada; and,
WHEREAS one-quarter of all criminal charges laid in Waterloo Region in 2022 were related to Intimate Partner Violence; and,
WHEREAS frontline service organizations in Waterloo Region have raised concerns about increased demand for sexual assault support services while operational funding remains stagnant; 
THEREFORE BE IT RESOLVED that the City of Kitchener declare Gender-Based Violence and Intimate Partner Violence an epidemic;
THEREFORE BE IT FURTHER RESOLVED that this resolution be circulated to the Honourable Marci Ien, Minister for Women and Gender Equality and Youth in support of the letter brought forward by Member of Parliament for the riding of Kitchener Centre, Mike Morrice outlining an urgent need for operational funding for frontline service organizations in Waterloo Region.”

10.
QUESTIONS AND ANSWERS

 

11.
BY-LAWS

 

11.1
1ST AND 2ND READING

 

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 70 of the City of Kitchener Municipal Code with respect to Board of Management Downtown Improvement Area.

 

11.2.b
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – The Knossos Housing Corporation of Waterloo Region – 206-210 Duke Street East and 46-50 Madison Avenue North.

 

11.2.c
Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc – 495 Huron Road.

 

11.2.d
Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener – Nimbell Holdings Inc – 15 Cedar Street North.

 

11.2.e
Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Sunset Hills Estates Corp. – 1154 Queens Boulevard.

 

12.
COMMITTEE OF THE WHOLE

 

12.1
ADMINISTRATIVE REPORTS

 

12.1.a
Request for Additional Funding - Q23-093 - City Hall - Structural Glass Guardrail Replacement, FIN-2023-383

This item has attachments. 
1.Request for Additional Funding - Q23-093 City Hall - Structural Glass Guardrail Replacement - FIN-2023-383.pdf

12.1.b
Zoning By-law Amendment Application ZBA23/021/C/KA Removal of Holding Provision - 265 Cotton Grass Street Schlegel Urban Developments Corp., DSD-2023-369

This item has attachments. 
1.265 Cotton Grass Street - Removal of Holding Provision - DSD-2023-369.pdf
2.Appendix 'A' - Map 1.pdf
3.Appendix 'A' - Proposed Zoning By-law.pdf
4.Appendix 'B' - Newspaper Notice.pdf
5.Appendix 'C' - Regional Clearance.pdf
6.Appendix 'D' 99H.pdf

12.1.c
Noise Exemption - Highway 8 from Franklin Street to Highway 7-8 Interchange, DSD-2023-387, DSD-2023-387

This item has attachments. 
1.Noise Exemption – Highway 8 from Franklin Street to Highway 7-8 Interchange - DSD-2023-387.pdf

12.2
FOR INFORMATION

 

13.
REPORT OF THE COMMITTEE OF THE WHOLE

 

14.
BY-LAWS

 

14.1
3RD READING

 

14.1.a
Being a by-law to close part of the public highway known as Tagge Street in the City of Kitchener.

 

(By-law 2023-108)

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

 

(By-law 2023-109)

14.1.c
Being a by-law to designate the property municipally addressed as 97 Victoria Street North, in the City of Kitchener (being all of PIN 22518-0222) as being of historic and cultural heritage value or interest.

 

(By-law 2023-110)

14.1.d
Being a by-law to name a private road as Rosefinch Drive, in the City of Kitchener.

 

(By-law 2023-111)

14.1.e
Being a by-law to name a private road as North Ridge Terrace, in the City of Kitchener.

 

(By-law 2023-112)

14.1.f
To confirm all actions and proceedings of the Council for August 28, 2023.

 

(By-law 2023-119)

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 70 of the City of Kitchener Municipal Code with respect to Board of Management Downtown Improvement Area.

 

(By-law 2023-113)

14.2.b
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – The Knossos Housing Corporation of Waterloo Region – 206-210 Duke Street East and 46-50 Madison Avenue North.

 

(By-law 2023-114)

14.2.c
Being a by-law to amend By-law 2019-051, as amended known as the Zoning By-law for the City of Kitchener – Activa Holdings Inc – 495 Huron Road.

 

(By-law 2023-115)

14.2.d
Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener – Nimbell Holdings Inc – 15 Cedar Street North.

 

(By-law 2023-116)

14.2.e
Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener – Sunset Hills Estates Corp. – 1154 Queens Boulevard.

 

(By-law 2023-117)

14.2.f
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Schlegel Urban Developments Corp. – 265 Cotton Grass Street.

 

(By-law 2023-118)

15.
ADJOURNMENT

 
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