Council Meeting

"WHEREAS Conversion practices or conversion “therapy” (also known as “reparative therapy”, “reintegrative therapy” or “aversion therapy”) include any treatment, practice, or sustained effort that has the intended effect of denying, repressing, discouraging or changing a person’s non-heterosexual sexual orientation, non-cisgender gender identity or gender expression, or any behaviours associated with a gender other than the person’s sex assigned at birth; and, WHEREAS all such practices are unscientific, dangerous and proven to cause harm to their victims; and, WHEREAS such practices are opposed by more than 50 professional associations, including the Canadian Association the Canadian Association of Social Workers, Canadian Psychiatric Association, Canadian Professional Association for Transgender Health, Canadian Psychological Association, College of Registered Psychotherapists of Ontario, as well as the United Nations and World Health Organization; and, WHEREAS Bill C-6-2020, An Act to Amend the Criminal Code (Conversion Therapy), which proposed five conversion therapy-related offences, was an historic piece of legislation preceded by decades of advocacy by conversion practice survivors, that progressed to the second reading stage in the Senate before dying on the order paper when an election was called in August 2021; and, WHEREAS several cities across Canada have adopted bylaws to prohibit conversion practices or are in the process of doing so, including the City of Kingst

"That the report of the Finance and Corporate Services Committee, dated November 8, 2021, listed as Items 7.1.a to 7.1.d on the agenda this date, be adopted, as amended." It was requested that Items 7.1.a. and 7.1.c. should be dealt with separately. 7.1.a DSD-2021-173 - Public Art Sculpture "Moments", McLennan Park and Public Art Policy Amendment "That the deaccessioning and disposition of the sculptural public artwork titled “Moments”, located in McLennan Park, as outlined in Development Services Department report DSD-2021-173, be approved; and, That the disposition methods prioritize an option that seeks to keep the work in the public sphere; and further, That Public Art Policy GOV-COR-816 be amended, as outlined in Report DSD-2021-173, to include a new section 4.19 identifying the reasons and process for deaccessioning artwork from the city’s public art collection."

"That the proposed fees and charges contained in the 2022 User Fee Schedule attached to Financial Services Department report FIN-2021-57 be approved, as amended; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications."

"That staff be directed to proceed with the use of tabulators and paper ballots for the 2022 Municipal Election, outlined in Corporate Services Department report COR-2021-26."

"That the report of the Community and Infrastructure Services Committee, dated November 8, 2021, listed as items 7.2.a to 7.2.c on the agenda this date, be adopted." 7.2.a CSD-2021-13 - Kitchener Easy Riders Cycle Club - Funding Agreement "That the General Manager, Community Services be authorized to execute a Funding Agreement, subject to the satisfaction of the City Solicitor, with the Kitchener Easy Riders Cycle Club, to provide funding for operating a cycle club from December 2021 to May 2023, as outlined in Community Services Department report CSD-2021-13."

"That the report of the Planning and Strategic Initiatives Committee, dated November 8, 2021, listed as items 7.3.a to 7.3.b on the agenda this date, be adopted." 7.3.a DSD-2021-168 - Zoning By-law Amendment ZBA/21/005/H/CD - 210 Heritage Drive - Pioneer Tower Homes Inc. "That Zoning By-law Amendment Application ZBA21/005/H/CD for the property municipally addressed as 210 Heritage Drive for Pioneer Tower Homes Inc. be approved in the form shown in the “Proposed By-law”, and “Map No. 1”, attached to Development Services Department report DSD-2021-168 as Appendix “A”; and further, 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 ZBA/21/005/H/CD."

"WHEREAS the Government of Ontario, in December 1975, enacted the Ontario Building Code for the purpose of regulating the construction of new, safe buildings within the Province of Ontario; and, WHEREAS the Government of Ontario, in November 1981 enacted the Ontario Fire Code for the purpose of maintaining the life safety systems of all buildings within the Province of Ontario; and, WHEREAS the Government of Ontario, in November 1983 began the process of amending the Ontario Fire Code to include Retrofit provisions, for the purpose of providing a minimum level of life safety for those existing buildings which had not been built under the provisions of any version of the Ontario Building Code; and, WHEREAS the government of Ontario, in October 1992 amended the Ontario Fire Code Retrofit provisions, for the purpose of providing a minimum level of life safety to buildings classed as low rise residential (9.5); and, WHEREAS October 2021 marks twenty-nine (29) years since the requirements outlined by Retrofit 9.5 have been substantially updated; and, WHEREAS this lack of currently appropriate standards for self-closing devices on suite doors and positive latching on exit stairwell doors has led to significant serious injuries, deaths, long term dislodgement of residents, and significant unnecessary insurance loss due to allowed building deficiencies; THEREFORE IT BE RESOLVED that the City of Kitchener urges the Government of Ontario to direct the Ontario Fire Marshal’s Office – Te

"WHEREAS the City of Kitchener is the approval authority of Site Plan approval under Section 41 of the Planning Act; and, WHEREAS the site plan approval process is delegated to the Director of Planning, the Manager of Site Development and Customer Service, and the Manager of Development Review; and, WHEREAS conditions of site plan approval are issued by the Director of Planning; and, WHEREAS redevelopment of a property may require the temporary relocation of required on-site parking, as required by City of Kitchener zoning by-laws; and, WHEREAS the development of a property may require temporary parking during construction; and, THEREFORE BE IT RESOLVED that staff be directed to develop a new approval condition, for inclusion in certain Section 41 Development Agreements, to require an Owner to make suitable arrangements for alternative off-site parking for development sites where required on-site parking is displaced during construction, to the satisfaction of the City Solicitor and the City’s Director of Transportation Services; and, THEREFORE BE IT RESOLVED that staff be directed to develop a new condition, to be included in certain Section 41 Development Agreements, to require an Owner to require approval of a construction Parking Management Plan, to the satisfaction of the City Solicitor and the City’s Director of Transportation Services."

“That leave be given the Mover and Seconder to introduce the following by-laws, namely: 11.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.b To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.c 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.d 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.e Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 11.1.f To confirm all actions and proceedings of the Council. 11.1.g Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener – 210 Heritage Inc – 210 Heritage Drive. 11.1.h Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener – 2385235 Ontario Ltd. – 117 and 133 Vanier Drive.

“That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed."

"That the by-laws be given third reading, namely: 14.1.a Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2021-089) 14.1.b To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2021-090) 14.1.c 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 No. 2021-091) 14.1.d 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 No. 2021-092) 14.1.e Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2021-093) 14.1.f To confirm all actions and proceedings of the Council. (By-law No. 2021-094) 14.1.g Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener – 210 Heritage Inc – 210 Heritage Drive. (By-law No. 2021-095) 14.1.h Being a by-law to amend By-law 85-1, as amended and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener – 2385235 Ontario Ltd. – 117 and 133 Vanier Drive. (By-law No. 2021-096) be taken as read a third time, be finally passed and numbered serially by the Clerk."