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

Minutes to be accepted as circulated to the Mayor and Councillors (regular meeting held March 20, 2023, and special meetings held March 6, 20, April 3, 17, and 24, 2023) - Councillor Clancy.

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 8, 2023, in order to participate electronically.

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 181 Frederick Street as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-154.

The 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 73 Shanley Street as being of cultural heritage value or interest, as outlined in Development Services Department report DSD-2023-170.

That Zoning By-law Amendment Application ZBA23/004/S/CD for Huron Creek Holdings Corp. for the purpose of removing Holding Provision 29H from the lands specified in the attached Map No.1, in the form shown in the “Proposed By-law” attached to the Development Services Department report DSD-2023-114 as Appendix A, be approved.

That Zoning By-law Amendment Application ZBA23/006/C/BB for 9 Cameron Street North Kitchener Incorporated 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-2023-156 as Appendix A, be approved.

That the City of Kitchener acknowledge that Activa Holdings Inc. intends to name private street: “Rosefinch Drive” within a multiple dwelling development consisting of three townhouse buildings located at 57 Jacob Detweiller Drive, as outlined in Development Services Department report DSD-2023-132; and further,

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 “Rosefinch Drive".

That the City of Kitchener acknowledge that Fusion Homes intends to name a private street: “Lomond Lane” within a multiple residential development located at 175 Tartan Avenue, as outlined in Development Services Department report DSD-2023-150; and further,

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 “Lomond Lane”.

That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Greek Orthodox Community of Saints Peter and Paul Kitchener-Waterloo & District for their Annual Greek Food Festival at 527 Bridgeport Road East, to be held on June 10 and 11th, 2023 from 12 p.m. – 11 p.m., as outlined in Community Services Department report CSD-2023-167.

That Development Services Department report DSD-2023-152 be received, which serves as a progress update on the Vision Zero action items completed in 2022; and further,

That staff be directed to implement the hot spot improvements as outlined in Appendix 'A' (Proposed Hot Spot Improvements) of Development Services Department report DSD-2023-152, to support implementation of the Vision Zero Strategy.

That the number of permitted days for firework displays be reduced to only the day of celebration including Victoria Day, Canada Day and Diwali and must cease by 11pm, as outlined in Community Services Department report CSD-2023-166; and further,

That the Municipal Code, Chapter 544 (Fireworks Vendors) and Chapter 739 (Fireworks and Firecrackers), be repealed and replaced with the revised Chapter 739 which incorporates a series of administrative changes outlined in Report CSD-2023-166.

That staff be directed to initiate a second phase of the Tree Conservation Processes Review that includes further evaluation of specific enhancement opportunities to existing tools and processes, as outlined in Development Services Department report DSD-2023-161.

That Council direct staff to proceed with the proposed Land Restoration Project and authorize the General Manager, Infrastructure Services to sign agreement(s) with project partners, subject to review and satisfaction of the City solicitor, as outlined in Infrastructure Services Department report INS-2023-181.

That the Enabling Missing Middle and Affordable Housing Feasibility Study be used to inform the Growing Together project for planning in Major Transit Station Areas and future updates to the Official Plan and Zoning By-law, as outlined in Development Services Department report DSD-2023-160; and,

That the Enabling Missing Middle and Affordable Housing Feasibility Study be used to inform continuous improvement of development services processes; and further,

That Staff be directed to further consider financial incentives for missing middle and affordable housing and report back to Council on next steps once additional information on Bill 23 regarding affordable and attainable housing is made available.

That Official Plan Amendment Application OPA22/001/K/KA for King Charles Properties (Kitchener) Limited, for the property municipally addressed as 1001 King Street East, requesting a land use designation change from ‘Mixed Use Corridor with Special Policy Area 1’ to ‘Mixed Use Corridor with Special Policy Area 10’ to permit a mixed use development on the lands specified and illustrated on Schedule ‘A’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-151 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

That Zoning By-law Amendment Application ZBA22/001/K/KA for King Charles Properties (Kitchener) Limited be approved in the form shown in the ‘Proposed By-law’, and ‘Map No. 1’, attached to Report DSD-2023-151 as Appendix ‘B’; and further,

That the Urban Design Brief for 1001 King Street East attached to Report DSD-2023-151 as Appendix ‘C’, be adopted.

That Official Plan Amendment Application OPA/22/008/M/CD for Polocorp Inc. requesting a change in land use designation, for the properties municipally addressed as 455-509 Mill Street, from ‘General Industrial Employment’ to ‘Mixed Use with Site Specific Policy Area No. 62’ to permit a high intensity mixed use dwelling development on the lands specified and illustrated on Schedule ‘A’ and Schedule ‘B’, be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD-2023-145 as Appendix ‘A’, and accordingly forwarded to the Region of Waterloo for approval; and,

That Zoning By-law Amendment Application ZBA22/015/M/CD for Polocorp Inc. be approved in the form shown in the ‘Proposed By-laws’, and ‘Map No. 1’, attached to Report DSD-2023-145 as Appendix ‘B’; and further,

That the Urban Design Brief dated February 2023 and attached to Report DSD-2023-145 as Appendix ‘C’, be adopted, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process.

That Kitchener City Council adopt the following motion:

"WHEREAS, all Ontarians deserve and expect a safe and respectful workplace;

WHEREAS, municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse; and,

WHEREAS, several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils; and,

WHEREAS, these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; and,

WHEREAS, municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; and,

WHEREAS, municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct; and

WHEREAS Ontario’s Big City Mayors (OBCM) support the efforts of MPP Stephen Blais; and, who has introduced the Private Members Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022 which has been endorsed by a number of OBCM member councils;

WHEREAS a fundamental, underlying principle of broadening diversity, equity and inclusion in politics rests on the assumption that the workplace is safe; and,

WHEREAS we believe that municipal elected officials should be held to account in this way, we also believe that federal and provincial elected officials should take similar actions to hold themselves to account;

THEREFORE BE IT RESOLVED THAT:

1. OBCM supports the call of the Association of Municipalities of Ontario for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments or in the alternative, OBCM supports the province ordering Bill 5 for second reading to expedite this matter; and,

2. THAT legislation encompass the Association of Municipalities of Ontario’s recommendations for:

a. Updating municipal Codes of Conduct to account for workplace safety and harassment

b. Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario

c. Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province

d. Allowing municipalities to apply to a member of the judiciary to remove a sitting member if recommended through the report of a municipal Integrity
Commissioner

e. Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office; and.

3. THAT OBCM requests that municipalities and their respective Integrity Commissioners be consulted on the development of any regulations related to the proposed legislation; and.

4. THAT this motion be circulated to the Right Honourable Justin Trudeau, Prime Minister of Canada, the Honourable Doug Ford, Premier of Ontario, the Honourable David Lamettithe, Minister of Justice, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, Kate Manson-Smith, Deputy Minister of Municipal Affairs and Housing, Scott Pearce, Federation of Canadian Municipalities Acting President, and Colin Best, President of the Association of Municipalities of Ontario."

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

"WHEREAS Council in 2019 approved a pilot project to allow parking on paved boulevards (paved area of a driveway between the sidewalk and the curb/road edge), which was made permanent annually from December 1 thru March 31 city-wide; and,

WHEREAS Council in 2020 approved a motion to permit parking on the boulevard year-round until the state of emergency declared by the City of Kitchener under the Emergency Management and Civil Protection Act has ended, subject to the conditions outlined in Community Services Department report CSD -19-031; and,

WHEREAS the parking on the boulevards that are large enough to allow vehicles to park vertically have been tested through previous pilot programs and confirmed by staff to be adequate, pending the boulevard is large enough that parking does not result in damage to the landscaped portion of the city boulevards; does not impact road maintenance such as snow clearing and pedestrian access; and,

WHEREAS residents who previously benefitted from the pilot programs continue to raise concerns regarding the ability to park on boulevards year-round due to insufficient parking space;

THEREFORE BE IT RESOLVED that parking on the boulevard (paved area of a driveway between the sidewalk and the curb/road edge) be permitted year-round, subject to the following regulations:

    • park facing the direction of traffic, or perpendicular to the road provided the vehicle complies with the remaining conditions outlined below;
    • do not park on the landscaped portions of the boulevard;
    • do not access the paved part of the boulevard by driving over the landscaped portions;
    • park fully on the paved portion of the boulevard;
    • all tires must be fully on the hard surface;
    • no part of the vehicle can overhang the sidewalk or the curb or road edge;
    • if your driveway is connected to your neighbour’s driveway, do not park your vehicle in a way that crosses the property line;
    • do not park on the boulevard if your driveway is within 15 metres of an intersection;
    • if you live in a school zone, you must remove your vehicle from the boulevard before 8 a.m. from Monday to Friday;

THEREFORE BE IT FINALLY RESOLVED that the uniform traffic by-law be updated accordingly.”

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