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HomeMy WebLinkAboutCouncil Agenda - 2020-02-24 COUNCIL AGENDA MONDAY, FEBRUARY 24, 2020 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER (TELEVISED) 200 KING STREET WEST 1. COMMENCEMENT Land Acknowledgement. Singing of "O Canada". 2. MINUTES Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held January 27, 2020 and special meetings held January 20 & 27, 2020) Councillor M. Johnston. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE a. Flag Request under Policy MUN-FAC-442: Irish Real Life Festival March 6-March 17, 2020. 5. PRESENTATIONS a. Mayor B. Vrbanovic to present Certificates of Service to citizens who have completed volunteer service on advisory committees / boards for a period of 2 years or more. Mayor B. Vrbanovic also to present Awards of Merit to citizens who have completed volunteer service on advisory committees / boards for a period of 5 years or more. 6. DELEGATIONS a. Notice has been given for any member of the public to speak for or against a by-law to name a private road located on Block 1, Plan 58M-632 fronting John Wallace Drive as: Wheat Lane; listed as Items 11.a. and 14.a. b. Notice has been given for any member of the public to speak for or against a by-law to name private roads located within a proposed vacant land condominium development at 15 Tartan Avenue as: Woodedge Circle, Woodlea Court, and Woodmeadow Court; listed as Items 11.b. and 14.b. c. Pierre Chauvin, MHBC - Regarding Development Services Department report DSD-20-001, listed at Item 1 under the Planning and Strategic Initiatives Committee report dated January 13, 2020. d. Heather Campbell, Vive Development Corp. - Regarding Development Services Department report DSD-20-001, listed at Item 1 under the Planning and Strategic Initiatives Committee report dated January 13, 2020. 7. REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS 9. NEW BUSINESS a. Anti-idling By-law Councillor M. Johnston has given notice that she will introduce the following motion for consideration this date: WHEREAS the City of Kitchener has adopted a Strategic Plan, which includes Environmental Leadership as one of the five key themes; and, *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. COUNCIL AGENDA MONDAY, FEBRUARY 24, 2020 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST __________________________________________________________________________________________________ WEHEREAS the City of Kitchener is committed to being a local leader in supporting the implementation of the United Nations 17 Sustainable Development Goals (SDGs), to achieve a better and more sustainable future for all; and, WHEREAS the City of Kitchener has an approved Community Climate Action Plan, which is a community-level strategy to reduce greenhouse gas emissions by 6% by 2020 and includes measures on anti-idling; and, WHEREAS the City of Kitchener has approved a new community climate action greenhouse gas reduction target of 80% by 2050; and, WHEREAS motor vehicles are sources of particulate matter, nitrogen oxide, carbon monoxide, sulphur oxide, volatile organic compounds and greenhouse gas emissions; and, WHEREAS if Canadian motorists avoided idling for just three minutes every day of the year, CO emissions could be reduced by 1.4 million tonnes annually, which is equivalent 2 to taking 320,000 cars off of the road for the entire year; and, THEREFORE IT BE RESOLVED that staff be directed to complete a municipal scan on best practices and By-laws that have been adopted by other municipalities related to anti- idling; BE IT FINALLY RESOLVED that staff be directed to report back on review, including a recommendation on the possibility of the passing an anti-idling By-law to regulate/enforce the behavior within the City. b. Regional Council Update Mayor B. Vrbanovic. 10. QUESTIONS AND ANSWERS 11. BY-LAWS --- 1ST READING a. Being a by-law to name a private road as Wheat Lane, in the City of Kitchener. b. Being a by-law to name private roads as Woodedge Circle, Woodlea Court and Woodmeadow Court in the City of Kitchener. c. Being a by-law to exempt certain lots from Part Lot Control - Lots 6 and 7, Registered Plan 58M-474 Iron Gate Street. (Re-application of expired Part Lot Control Exemption By-law 2010-202). d. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. e. To further amend B-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (Amends Schedules 1 and 2). f. To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE Chair, Councillor M. Johnston. 13. REPORT OF THE COMMITTEE OF THE WHOLE 14. BY-LAWS --- 3RD READING a. Being a by-law to name a private road as Wheat Lane, in the City of Kitchener. COUNCIL AGENDA MONDAY, FEBRUARY 24, 2020 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 3 - 200 KING STREET WEST __________________________________________________________________________________________________ b. Being a by-law to name private roads as Woodedge Circle, Woodlea Court and Woodmeadow Court in the City of Kitchener. c. Being a by-law to exempt certain lots from Part Lot Control - Lots 6 and 7, Registered Plan 58M-474 Iron Gate Street. d. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. e. To further amend B-law No. 2019-113, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. f. To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE AGENDA MONDAY, FEBRUARY 24, 2020 CHAIR COUNCILLOR M. JOHNSTON ND A. BY-LAWS LISTED ON THE AGENDA 2 READING That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment. B. ADMINISTRATIVE REPORTS 1. Tenders Attached are reports from R. Scott, Manager of Procurement, recommending: i. FIN-20-014 T20-002 Road Improvements, Road Surface Construction, Miscellaneous Asphalt and Concrete Work That Tender T20-002 Road Improvements, Road Surface Construction, Miscellaneous Asphalt and Concrete Work, be awarded to Ekum-Sekum Incorporated o/a Brantco Construction, Cambridge, Ontario, at their tendered price of $4,778,761.06, including contingencies of $200,000.00, plus H.S.T. of $621,238.94, for a total of $5,400,000.00. ii. FIN-20-015 T20-012 Hoffman Street (Ottawa Street South to East End) Road Reconstruction That Tender T20-012 Hoffman Street (Ottawa Street South to East End) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $2,029,286.44, including provisional items and contingencies of $118,171.75, plus H.S.T. of $263,807.24., for a total of $2,293,093.68. iii. FIN-20-021 T19-177 City Hall Open Space Reconstruction Project That Tender T19-177 City Hall Open Space Reconstruction Project, be awarded to Heritage Restoration Inc., Stouffville, Ontario, at their adjusted tendered price of $10,688,013., including provisional items and contingencies of $700,303., plus H.S.T. of $1,389,441.69, for a total of $12,077,454.69. 2. COR-20-002 Prohibited Dog Designation Appeal - Meadus Attached is Corporate Services Department report COR-20-002 (S. Delaney), dated February 10, 2020. That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Keantel Meadus, wherein the Committee affirms the Prohibited Dog Waterloo & Stratford Perth, be ratified and confirmed. 3. COR-20-003 Appointments to Arts and Culture Advisory Committee, Economic Development Advisory Committee, and Heritage Kitchener Attached is Corporate Services Department report COR-20-003 (C. Tarling), dated February 19, 2020. That Isabella Stefanescu and Nichole Martin be appointed as the two Arts Organization representatives for the Arts and Culture Advisory Committee for the term ending November 30, 2020; and, That Giuseppe (Joe) Curto be appointed as the Downtown Retail representative on the Economic Development Advisory Committee for a term ending November 30, 2020; and finally, 2 COMMITTEE OF THE WHOLE February 24, 2020 B. ADMINISTRATIVE REPORTS - CONT'D That Donny Vongphakdy be appointed as the representative for the Victoria Park Heritage Conservation District for Heritage Kitchener for a term ending November 30, 2020. 4. DSD-19-253 Brownfield Remediation Application Program 270 Spadina Road East Attached is Development Services Department report DSD-19-253 (R. Morgan), dated December 16, 2019. That the Brownfield Remediation Program Application for 270 Spadina Road East, received from 270 Spadina Kitchener Inc. dated December 12, 2018 be approved 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; That the City Tax Increment be defined as the difference between the City portion of real property taxes for the 2018 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, 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 270 Spadina Kitchener Inc., to implement the provisions of the Brownfield Remediation Program Application for 270 Spadina Road East, as outlined in the Development Services Department Report DSD 19-253. Rise and Report REPORT TO:Committee of the Whole DATE OF MEETING:2020-02-24 SUBMITTED BY:Ryan Scott,Manager of Procurement,519-741-2200 ext. 7214 PREPARED BY:Polina Semenov, Procurement Specialist,519-741-2200 ext. 7037 WARD (S) INVOLVED:Wards1, 2, 4, 5, 6, 8,9and10 DATE OF REPORT:2020-02-13 REPORT NO.:FIN-20-014 SUBJECT:T20-002Road Improvements, Road Surface Construction, Miscellaneous Asphalt and Concrete Work _________________________________________________________________________________________ RECOMMENDATION: That Tender T20-002Road Improvements, Road Surface Construction, Miscellaneous Asphalt and Concrete Work, be awarded to Ekum-Sekum Incorporated o/a Brantco Construction,Cambridge, Ontario, at theirtendered price of $4,778,761.06,including contingencies of $200,000.00,plus H.S.T. of $621,238.94, for a total of $5,400,000.00. BACKGROUND: The main scope of work under this tender consists of various types of road rehabilitation on pre- determined city streets.This contract also includesthe placement of surface asphalt on newly constructed streets coming off-year maintenance warranty,larger scaleutility cuts, Park trail rehabilitation, City facility parking lot remediation, Traffic Calming Measures, Traffic Bike Lanes, Cemetery Roadway Rehabilitationand miscellaneous asphalt and concrete work for other departments. assessment. This tender includes a variety of work and projects spread across the City, but the works are similar in nature. This approach reduces our staff time and makes the administration more streamlined. The workisscheduled to begin March 30, 2020, weather permitting. The anticipated completion dateis October 31, 2020. Attached isa fulllist of projectsto be completed under this tender. REPORT: Tenders were advertised publiclyonthe City of Kitchener website. Documents were downloaded by twelve(12) interested parties and by the closing date of Monday February 10, 2020, five (5) tenders had been received. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.i - 1 The following tenders were received: Bid Price Brantco ConstructionCambridgeON$5,400,000.00 * Steed and Evans LimitedSt. JacobsON$6,285,060.00 Coco Paving Inc. Petersburg ON$ 6,625,190.01 Capital Paving Inc. Guelph ON$ 7,412,012.09 E.& E. Seegmiller LimitedKitchener ON$ 8,041.901.51 The tenders were reviewed by R. Trussler, Engineering Construction Project Manager, who concurswith the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: In addition to the costs anticipated in this tender, the design and implementation of these types of projects typically involves city staff and resources from across the corporation. These costs are included in the line item "Projected Costs: Staff Time/Permitting/Material testing", and will be itemized when they exceed $125,000. Included in this line item are staff time and expenses for all city staff in support of the project such as Engineering, Kitchener Utilities, and Transportation Planning. The line item alsoincludes all regulatory permitting, geotechnical and material testing, detouring and traffic control, alternate access and parking requirements and any other miscellaneous costs. Projects utilizing in-house staff will include costs for inspection during construction and contract administration. The net cost for this tender (A), is fair and reasonable for a purchase of this scope and the upset limit is within the budget allowance (B) provided within the budget. Funding for this purchase is included within the approved capital budget. The estimated surplus (E) will be returned to the tax capital and federal gas tax reserves at the completion of work. 1.i - 2 COMMUNITY ENGAGEMENT: INFORM vance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: Not applicable 1.i - 3 ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department The following is a tentative list of locations and construction timings that are to comprise the bulk of this Tender. METHODS OF CONSTRUCTION, STREETS AND STREET LIMITS A. Full Depth Milling + Binder Asphalt + Surface Asphalt STREET FROM TO WARD TIMING 1) Alpine Court Alpine Road Cul-De-Sac 6 July-September 2) Bechtel Drive Doon Village Road Pioneer Drive 4 April-June 3) Doon Village Road Bechtel Drive Homer Watson Blvd. 4 April-June 4) Harcourt Crescent Millwood Crescent Millwood Crescent 4 April-June 5) Millwood Crescent Doon Village Road Doon Village Road 4 April-June 6) Old Carriage Drive Pioneer Drive Old Carriage Court 4 April-June 7) Raitar Avenue Weber Street West Ellis Avenue 10 April-June 8) River Rd. (Phase #1) Manchester Road Krug Street 1 July-September 9) River Rd. (Phase #2) Frederick Street Victoria Street North 1 July-September 10) Stirling Avenue South Courtland Avenue East Bridge Approach 9 July-September 11) Stirling Avenue South Mill Street Bridge Approach 9 July-September B. Surface Asphalt STREET FROM TO WARD TIMING 1) Binscarth Road Pleasant Avenue Barclay Avenue 9 April July 2) Guelph Street Margaret Avenue St. Vincent Street 10 April July Alice / Karn 3) Alice Avenue Victoria Street Karn Street 8 April - July 4) Karn Street Lawrence Avenue Westmount Road West 8 April - July Sheldon Avenue 5) Sheldon Avenue North Weber Street East East End 10 July-September 6) Sheldon Avenue North King Street East Weber Street East 10 July-September 7) Krug Street East Avenue Becher Street 1, 10 April July 1.i - 4 Adelaide / Patricia / Talbot 8) Adelaide Street Lawrence Avenue Belmont Avenue 8 July-September 9) Adelaide Street Belmont Avenue Patricia Avenue 9 July-September 10) Patricia Avenue Victoria Street South End 9 July-September 11) Talbot Street Lawrence Street Belmont Avenue 8 July-September 12) Talbot Street Belmont Avenue Patricia Avenue 9 July-September B. Hugo / Lorne 13) Hugo Court Heiman Street Cul-De-Sac 9 July-September 14) Lorne Avenue Stirling Avenue Heiman Street 9 July-September 15) Metzloff Drive Belmont Avenue West Patricia Avenue 9 July-September 16) Shantz Lane Weber Street East Ross Avenue 2 July-September Bond / Elizebeth / Oxford 17) Bond Street Elizebeth Street Union Street 10 July-September 18) Elizebeth Street Oxford Street Lancaster Street West 10 July-September 19) Oxford Street Arnold Street Elizebeth Street 10 July-September Hill / Hillview / St. Vincent 20) Hill Street Hillside Park Lancaster Street West 10 July-September 21) St. Vincent Street Guelph Street Louisa Street 10 July September 22) Hillview Street Edwin Street Lancaster Street West 10 July - September Garden / Vancamp 23) Garden Avenue Highland Road West Spadina Road West 9 July - September 24) Vancamp Avenue Highland Road West Spadina Road West 9 July - September C. Miscellaneous Asphalt / Concrete work STREET FROM TO WARD TIMING 1) Water Utility Cuts (TBD) TBD TBD TBD TBD 2) Sanitary Utility Cuts (TBD) TBD TBD TBD TBD 3) Storm Utility Cuts (TBD) TBD TBD TBD TBD 4) Stm. Water Drainage Issues TBD TBD TBD TBD 5) Traffic Calming 4-Locations Design to be supplied TBD TBD 1.i - 5 6) Kiwanis Park Pedestrian Path Path to Snack Shack 1 April - May 7) Lions Arena Back of Ball Diamond R&R Conc Bleacher Pad 6 April - May 8) Huron Road Left Hand Turn Road Widening Addition of Left hand lane 5 May- June 9) Dutch Roundabout Strasburg Road Huron Road 5 April-June 10) Ontario Street Cycle Track King Street West Halls Lane 9 May- June 11) Military Road East Avenue Parking Lot E Aud. 10 April - May 12) Auditorium Parking Lot D South Side Kiwanis Arena 10 April - May 13) Auditorium Parking Lot E North Side Kinsmen Arena 10 April - May 14) Mount Hope Cemetery Grand Avenue Pine Street 10 May-June D. Provisional Streets (Not Included in the tendered Quantities) STREET FROM TO WARD TIMING 1) Champlain Crescent Confederation Drive Carson Drive 1 2) The Country Way Erinbrook Drive #219 The Country Way 6 3) Thistledown Drive Erinbrook Drive Bleams Road 6 1.i - 6 REPORT TO:Committee of the Whole DATE OF MEETING:2020-02-24 SUBMITTED BY:Ryan Scott,Manager of Procurement,519-741-2200 ext. 7214 PREPARED BY:Polina Semenov, Procurement Specialist,519-741-2200 ext. 7037 WARD (S) INVOLVED:Ward9 DATE OF REPORT:2020-02-13 REPORT NO.:FIN-20-015 SUBJECT:T20-012Hoffman Street (Ottawa Street South to East End) Road Reconstruction __________________________________________________________________________________________ RECOMMENDATION: That Tender T20-012Hoffman Street (Ottawa Street South to East End) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd.,Cambridge, Ontario, at theirtendered price of $2,029,286.44,including provisional items and contingencies of $118,171.75,plus H.S.T. of $263,807.24.,for a total of $2,293,093.68. BACKGROUND: Engineering Services is proceeding with the reconstruction of Hoffman Street (Ottawa Street South to East End) approximately 240 metres long. The services were originally constructed in need of replacement. The administration, design and tendering of this project has been completed by Meritech Engineering staff, the construction administration and inspection of this project will be completed by Meritech Engineering staff as well. This w reconstructions. The project is scheduled to begin April 14, 2020 weather permitting. REPORT: Tenders were advertised publiclyonthe City of Kitchener website. Documents were downloaded by thirty-three (33) interested parties and by the closing date of Monday February 10, 2020,six (6) tenders had been received. The following tenders were received: ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.ii - 1 Bid Price Regional Sewer and WatermainLtdCambridge ON$2,293,093.68* Elgin Construction St. ThomasON$2,499,233.72 J. Weber Contracting Limited BreslauON$2,541,702.12 Steed and Evans Limited St. Jacobs ON$2,904,215.72 Sierra Infrastructure Inc WoodstockON$2,942,000.01 OxfordCivil Group Inc. Woodstock ON$4,299,936.51 . The tenders were reviewed by S. Hartingsveldt,Meritech Engineering the project and Y.Bhattachan,Design and Approvals Project Manager,who concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. 1.ii - 2 FINANCIAL IMPLICATIONS: In addition to the costs anticipated in this tender, the design and implementation of these types of projects typically involves city staff and resources from across the corporation. These costs are included in the line item "Projected Costs: Staff Time/Permitting/Material testing", and will be itemized when they exceed $125,000. Included in this line item are staff time and expenses for all city staff in support of the project such as Engineering, Kitchener Utilities, and Transportation Planning. The line item also includes all regulatory permitting, geotechnical and material testing, detouring and traffic control, alternate access and parking requirements and any other miscellaneous costs. Projects utilizing in-house staff will include costs for inspection during construction and contract administration. The net cost for this tender (A), is fair and reasonable for a purchase of this scope but the upset limit exceeds the budget allowance (B) provided within the budget. Funding for this purchase is included within the approved capital forecast. The estimated deficit (E) will be funded from the WIP Road Reconstruction general account. There are sufficient funds in the account to fund the deficit. Tender T20-012 Hoffman Street Reconstruction The total budget for all phases of this project is $ 2,183,000.00 Estimated Cost for this Phase of Work Tender T20-012 costs, including HST 2,293,093.68 less: HST rebate on tender (228,091.69) Net Cost Being Awarded 2,065,001.99 A Projected Costs: Staff Time/Material Testing 26,414.00 Property Acquisitionfor Permanent Easement 27,475.00 Total Estimated Cost for this Phase of Work$ 2,118,890.99 C Budget for this Phase of Work WIP -Road Reconstruction -Sanitary Utility 856,000.00 WIP -Road Reconstruction -Stormwater Utility 428,000.00 WIP -Road Reconstruction -Water Utility 577,000.00 Cost Sharing -Access Agreement 45,104.12 Total Budget for this Phase of Work 1,906,104.12 B Estimated Surplus/(Deficit) for this Phase of Work (B -C) (212,786.87)D Estimated Surplus/(Deficit) from previous phases (24,728.45) Total Estimated Surplus/(Deficit) $ (237,515.32)E 1.ii - 3 COMMUNITY ENGAGEMENT: INFORM council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: DSD-19-1402020 Sidewalk Infill through Roadway Reconstruction June 17, 2019, Community and Infrastructure Services Committee ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.ii - 4 REPORT TO:Committee of the Whole DATE OF MEETING:2020-02-24 SUBMITTED BY:Ryan Scott,Manager of Procurement,519-741-2200 ext. 7214 PREPARED BY:Adam Buchholtz, Associate Procurement Specialist519-741-2200 ext. 7217 WARD (S) INVOLVED:Ward# 10 DATE OF REPORT:2020-02-19 REPORT NO.:FIN-20-021 SUBJECT:T19-177 City Hall Open SpaceReconstruction Project __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-177 City Hall Open SpaceReconstruction Project, be awarded to Heritage Restoration Inc.,Stouffville, Ontario, at their adjusted tendered price of $10,688,013.,including provisional items and contingencies of $700,303.,plus H.S.T. of $1,389,441.69, for a total of $12,077,454.69. BACKGROUND: Kitchener City Hall and the surrounding outdoor amenities were built in 1993.The use of the public spaces has changed and grown over the years. As the facility is now more than 25 years old,many of the infrastructure elements are nearing the end of their serviceable life. Damage and deterioration to the surface, ramps and other features has created accessibility issues. The current layout of the stage and fountain limits the flexibility for programming and efficiency of operations. The redevelopment of allareasaround City Hallis related to the replacement of infrastructure. The redevelopment of Carl Zehr Square is related to improving the functionality of the square as a public gathering space. The project area is limited to the City Hall property, including along College and Young Streets,located at 200 King Street West, Kitchener. The work included in this tender will see removal and replacement of critical infrastructure, includingsurface concrete, parking garage water proofing membrane, and trench drains, as well as replacement of the ice rink, fountain and stage, improvements to accessibility and landscaping. The project is a two-year construction project and is scheduled to begin in Spring 2020, with scheduled completion in Fall of 2021. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1.iii - 1 REPORT: Tenders were advertised publiclyonthe City of Kitchener website. Documents were downloaded by four(4)pre-qualifiedparties and by the closing date of Monday December 10, 2019,two(2) tenders had been received. The following tenders were received: Bid PriceAdjusted Bid Price Heritage Restoration Inc.Stouffville ON$11,308.712.30$12,077,454.69* Collaborative Structures LimitedCambridge ON$14,334,802.21$15,290,258.90 Bid prices were adjusted to include a 5% contingency amount, provisional PIP signage wall, nd alternate price for coloured lighting in the fountain, and an allowance to repair the 2floor entrance by the Schmalz room. The tenders were reviewed byM. Zuzinjak, GSP GroupConsultant for the project, L. Stewart, Manager Projects and Energy Management, and P. Forrest, Construction Project Manager,who concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: The net cost for this tender (A), is fair and reasonable for a purchase of this scope, but the upset limit is beyond the allowance provided within the budget (B). Funding for this project is included within the approved capital budget and an additional funding request report. In addition, the estimated surplus from the design phase of the project is adequate to fund the deficit in the construction phase of the project. The estimated surplus (E) will be closed out to the appropriate reserves. 1.iii - 2 Tender T19-177 City Hall Open Space Reconstruction Project The total budget for all phases of this project is $ 11,800,000.00 Estimated Cost for this Phase of Work Tender T19-177 costs including HST$ 12,077,454.69 less: HST rebate on tender$ (1,201,332.66) Net Cost Being Awarded$ 10,876,122.03 A Projected Additional Costs$ - Total Estimated Cost for this Tender$ 10,876,122.03 C Budget for this Phase of Work City Hall Outdoor Spaces -Original Budget$ 7,610,000.00 City Hall Outdoor Spaces -Additional Funding$ 2,800,000.00 Total Budget for this Phase of Work$ 10,410,000.00 B Estimated Surplus/(Deficit) for this Phase of Work (B -C)$ (466,122.03)D Estimated Surplus/(Deficit) from Previous Phases$ 490,047.36 Total Estimated Surplus/(Deficit)$ 23,925.33 E COMMUNITY ENGAGEMENT: INFORM council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: N/A ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.iii - 3 REPORT TO:Committee of the Whole DATE OF MEETING:February 24, 2020 SUBMITTED BY:Dog Designation Appeal Committee PREPARED BY:Siobhan Delaney, Committee Administrator, 519-741-2200 x 7275 WARD (S) INVOLVED:All DATE OF REPORT:February 10, 2020 REPORT NO.:COR-20-002 SUBJECT:ProhibitedDog Designation Appeal Meadus(Mack) RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Keantel Meadus, wherein the Committee affirmsthe Prohibited Dog Mackthe Humane Society of Kitchener Waterloo & Stratford Perth, be ratified and confirmed. BACKGROUND: On November 5, 2019the Humane Society of Kitchener Waterloo & Stratford Perth designated Mack,adog owned by Ms.Keantel Meadus, as a Prohibited Dog. On November 12, 2019the Office of the City Clerk subsequently received correspondence from Ms.Keantel Meadus appealing the ProhibitedDog Designation; and aNotice of Hearing was issued to the Respondentand Appellant,advising on January 27, 2020a hearing of the Dog Designation Appeal Committee would be held to consider the matter. REPORT: The Dog Designation Appeal Committee established by the Council of the Corporation of the City of Kitchener pursuant to City of Kitchener Municipal By-law 2014-142 and the Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sat onJanuary 27, 2020to consider an appeal filed with the City by Ms. Keantel Meadus. On that date, the Dog Designation Appeal Committee considered the evidence related to an incident resulting in the ProhibitedDMack testimony presented on behalf of the Respondent by Brittany Hennessey and Jennifer Maciel, Animal Protection Officersfor the Humane Society of Kitchener Waterloo & Stratford Perth; as well as the testimony and evidence presented by Ms. Keantel Meadus, Appellant; and Gregory Dakota, Appellant; the Committee hereby affirms the designation of Prohibited Dog applied to Mackpursuant to By-law 2014-142 assignedthe following conditions for said Prohibited Dog: is required to provide proof satisfactory to the Poundkeeper that the dog has been removed from the City of Kitchener. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 2 - 1 ALIGNMENT WITH CITY OF KITCHENER STRATEGICPLAN: the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM -All those in attendance at the January 27, 2020Hearingwere advised of the it would be considered at the February 24, 2020Councilmeeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents viaregistered mail onFebruary 4, 2020; thereby, decision would be considered by Council and the process for registering as a delegation. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services 2 - 2 REPORT TO:Committee of the Whole DATE OF MEETING:February 24, 2020 SUBMITTED BY:Christine Tarling, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 PREPARED BY:Christine Tarling, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 WARD (S) INVOLVED:All DATE OF REPORT:February 19, 2020 REPORT NO.:COR-20-003 SUBJECT:Appointments to Arts and Culture Advisory Committee, Economic Development Advisory Committee,and Heritage Kitchener _________________________________________________________________________________________ RECOMMENDATION: That Isabella Stefanescu and Nichole Martin be appointed as the two Arts Organization representatives for the Arts and Culture Advisory Committee for the term ending November 30, 2020; and, ThatGiuseppe (Joe) Curtobe appointed as the Downtown Retail representative on the Economic Development Advisory Committee for a term ending November 30, 2020; and finally, ThatDonny Vongphakdybe appointed as the representative for the Victoria Park Heritage Conservation District for Heritage Kitchener for a term ending November 30, 2020. BACKGROUND: After every municipal election, appointments to advisory and quasi-judicial committees take place at the Striking Committee meeting based on the recommendations of the Nominating Committee (the Committee).After the November 19,2018 Striking Committee, thereremained some sector-specific vacancies on some advisory committees,which are l website. In addition,mid-term vacanciesthat have since occurredhave beenadded to the website. For the mid-term vacancies, staff reachout to applicants who had previously applied but who hadnot been appointedas well as accept new applications. Staff determine the eligibility of all applicants and oncetheir eligibility isconfirmed, their namesareput forward for consideration. If there are more applications than vacancies, the applications are forwarded to the Nominating Committee to make a recommendation for Councildecision. If there are not, the Director of Legislated Services/City Clerk makesa recommendation directly to Council. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 3 - 1 REPORT: Arts and CultureAdvisory Committee(ACAC) ACAC hastwo(2) vacancies for Arts Organization representatives one as a result of a resignationand one that wasoutstanding from the 2018 recruitment. Staff received 2 applications for the Arts Organization representatives. Because the number of applicantsmatch the number of vacancies, both Isabella Stefanescu and Nichole Martin arebeing presented directly to Council for consideration. Economic Development Advisory Committee (EDAC) In the case of the EDAC appointment, Giuseppe (Joe) Curto applied in response to the Downtown Retail sector vacancy l Heritage Kitchener(HK) In response to the sector-receivedone (1)applicationfor the Victoria Park Heritage Conservation Districtvacancyon HK. Because there was only 1 applicationfor thatvacancy,Donny Vongphakdy isbeing recommended directly for consideration. All candidates being recommended to Council for advisory committees are listed in Appendix A. There are nounassigned applicants. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: None at this time. COMMUNITY ENGAGEMENT: INFORM council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: COR-18-014 Nominating Committee Appointments to Advisory and Quasi-judicial Committees (2018-2020) ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services Department 3 - 2 Recommended AppointeesAdvisory Committees Arts and CultureAdvisory Committee Isabella Stefanescu (3) Arts Organization Representative Nichole Martin (4) Arts Organization Representative Economic Development Advisory Committee Giuseppe (Joe) Curto (1) Downtown Retail Representative Heritage Kitchener Donny Vongphakdy (2)Victoria Park Heritage Conservation District Representative Note: Number in brackets indicates application number. 3 - 3 REPORT TO:Committee of the Whole DATE OF MEETING:February 24, 2020 SUBMITTED BY:Brian Bennett, Manager, Business Development, 519-741-2200 X 7230 PREPARED BY:Rob Morgan, Capital Investment Advisor, 519-741-2200 X7734 WARD (S) INVOLVED:9 DATE OF REPORT:December 16, 2019 REPORT NO.:DSD-19-253 SUBJECT:Brownfield Remediation Application Program 270 Spadina Road East ___________________________________________________________________________ RECOMMENDATION: That the Brownfield Remediation Program Application for 270 Spadina Road East, received from 270 Spadina Kitchener Inc. dated December 12, 2018be approved subject 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; That the City Tax Increment be defined as the difference between the City portion of real property taxes for the 2018taxation 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 isestimated 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 andClerk be authorized to execute an Agreement, subject to the satisfaction of the City Solicitor, with the Region of Waterloo and 270 Spadina Kitchener Inc., to implement the provisions of the Brownfield Remediation Program Application for 270 Spadina Road East, as outlined in the Development Services Department Report DSD 19-253. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 4 - 1 BACKGROUND: In December of 2018, the City of Kitchener and Region of Waterloo received a joint Tax Increment Grant (TIG) application from 270 SpadinaKitchener Inc. relating to the remediation and redevelopment of the property municipally known as 270 Spadina Road East (Locational Map Attached). The 0.58 ha (1.43 ac.) propertyis located east of the intersection of Spadina Road East and Highland Road East and currently contains a six story residential apartment building and underground parking garage. The redevelopment plan for the property includes a second apartment building and new underground parking loton the north-east portion of the property.The existing apartment building has been renovated and converted from a61unit apartment building to a 103 unit building. The new apartment to be constructed will have 90 units. REPORT: Contamination and Remediation The Environmental Consultants for thisproject are Peritus Environmental Consultants Inc. Peritus completed a Remedial Action Plan dated November 30, 2018 as well as Phase One and TwoEnvironmental Site Assessments. Within the scope of the Phase Two they completed a soil and groundwater investigationwhich determined the extent of soil contamination. in the soil and groundwater that include the following: Petroleum Hydrocarbons (PHCs); Volatile Organic Compounds (VOCs); Salt Metals;and, Polycyclic Aromatic Hydrocarbons (PAHs). Site remediation activities will include a combination of Risk Assessment to develop property specific standards and remediation of remaining exceedances in the soil and groundwater. Various techniques include soil excavation and disposal, soil embankment and capping, and groundwater treatmentwill be utilized. Eligible Environmental Remediation Costs The applicant has submitted an estimated environmental remediation cost for the subject property of $5,419,105.00. This amount plus a 10% allowance for indirect costs afforded under the joint TIG program of $541,910.50 results in a maximumeligible joint TIG of$5,961,015.50, less assistance that will be received through theRegional Development Charge (RDC) exemption under the Brownfield Financial Incentive Program ($1,874,406.00) resultingin a maximum eligible joint TIG of $4,086,609.50. 4 - 2 Based on the projected tax increment, the developer will be able to recover approximately 63% of the estimated remediation costs. This amount(TIG)would be cost-shared between the Region of Waterloo and the City of Kitcheneras shown in Table1below. The annual payments of approximately $69,454.00(City) would last the entire 10 years allowed by the program and would not start until after the property is fully remediated, redeveloped and reassessed by the Municipal Property Assessment Corporation (MPAC), likely not before 2023 (Table 4). Table 1:Remediation Cost Recovery Max Eligible Remediation Cost$5,961,015.50 Less Regionof Waterloo DC Exemption$1,874,406.00 Total Tax Incremental Grant Amount$4,086,609.50 Less City of KitchenerTIG$694,540.00 Less Regionof Waterloo TIG$1,184,750.00 Remaining remediation costs to be$2,207,319.50 Paid by the Developer that cannot be recovered through the Brownfield program The maximum eligible TIG amount after the Regional Development Charge exemption is accounted for is $4,086,609.50. This amount, less the City and Regional Tax Incremental Grant amounts results in approximately $2,207,319.00 in remediation costs that the applicant is not eligible to recover.Specifically, the City and Regional taxes on the property are not increasing enough as a result of the redevelopment to cover all of the remediation costs. As a condition of final approval of eligible costs, invoices must be submitted by the applicant and must be approved for eligibility by City of Kitchener and Regional staff. Pre-remediation assessment and taxes vs post redevelopment assessment and taxes The anticipated joint Tax Increment Grant payments and schedule are determined for each application based on the following steps: The first step includes a calculation of the anticipated assessment increment. This is based on the pre-remediation MPAC assessment value(s) and the estimated post-remediation and redevelopment assessment value(s) for thedevelopment as provided by the Applicant.(Table 2) Table 2:PotentialAssessment Increment AssessmentAssessmentAssessment Increment* $901,500.00$21,339,000(est.)$20,437,500(est.) 4 - 3 *These values are based on estimates and will be confirmed by MPAC upon project completion. Secondly, the anticipated assessment increment is then used to calculate the expected annual increase in municipal taxes (Region and City) that would be generated by the remediation and redevelopment of the property(Table 3) Table 3:Anticipated Tax Increment MunicipalMunicipalTotal Area Municipality Tax Increment* City $6,235.35$75,689.43$69,454.08 Region$10,636.29$129,111.19$118,474.90 Total$16,871.64$204,800.63$187,928.98 *Tax amounts do not include the education portion of annual taxes levied as the School Boards do not participate in the program. Table 4:TIG Payment Schedule YearArea MunicipalityRegionTotal TIG 1$69,454$118,475$187,929 2$69,454$118,475$ 187,929 3$69,454$118,475$ 187,929 4$69,454$118,475$ 187,929 5$69,454$118,475$ 187,929 6$69,454$118,475$ 187,929 7$69,454$118,475$ 187,929 8$69,454$118,475$ 187,929 9$69,454$118,475$ 187,929 10$69,454$118,475$ 187,929 Total TIG$694,540$ 1,184,750$ 1,879,290 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: 4 - 4 The approval of this application will obligate The City of Kitchener to provide an annual municipal property tax rebate estimated to be $69,454per year for 10 yearsupon redevelopmentof the property and reassessment by MPAC. COMMUNITY ENGAGEMENT: INFORM This report council / committee meeting. Region of Waterloo Council will consider its portion of this application at a future date. CONCLUSION: Regional Staff and The Brownfield Steering Committee, ( Investment Advisor, Director ofRevenue, City Solicitor, and Director of Planning), reviewed the application and are satisfied that the application meets the eligibility and application requirements. Staff support acceptance within the terms and conditions of the Region of Waterloo City ofKitchener Brownfield Remediation Program. ACKNOWLEDGED BY: Justin Readman,General Manager, Development Services 4 - 5 Locational Map 4 - 6 REPORTS TO BE CONSIDERED BY COUNCIL FEBRUARY 24, 2020 CITY OF KITCHENER PLANNING & STRATEGIC INITIATIVES COMMITTEE JANUARY 13, 2020 1. That consideration of the following be referred to the February 24, 2020 Council meeting to allow staff an opportunity to work with the proponent to receive additional information including: drawings depicting a 1 storey reduction in height (6 storeys reduced to 5 storeys and the 5 storeys reduced to 4 storeys); a perspective drawing from the Weber Street properties; an updated Urban Design Brief based on comments received from the residents; and, the possible inclusion of affordable housing units: That Official Plan Amendment Application OP19/001/B/GS for 169 Borden Inc., Joseph Castello, & Laurie Castello requesting a change in designation from Low Rise Residential and Institutional to Medium Rise Residential with Site Specific Policy Area 51 to permit a six storey multiple dwelling development on the parcel of land specified and illustrated on Development Services Department report DSD-20- forwarded to the Region of Waterloo for approval; and, That Zoning By-law Amendment Application ZBA19/001/B/GS for 169 Borden Inc., Joseph Castello, & Laurie Castello requesting a change from Residential Six (R-6) and Neighbourhood Institutional (INS-1) to Residential Eight with Special Regulation Provision 753R for the parcels of land specified and illustrated on Map No. 1, be approved as - dated November 27, 2019, outlined in Report DSD-20-001, and receive three readings once By-law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part; and, 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 ZBA19/001/B/GS; and further, That the Urban Design Brief dated September 2019, prepared by MHBC Planning for Vive Development Corporation, and attached to Report DSD-20- adopted, and that staff be directed to apply the Urban Design Brief through the Site Plan Approval process. 2. That consideration of the following recommendation be referred to the February 24, 2020 Council meeting, or an earlier Council meeting if possible, to allow for an opportunity for staff to work with the proponent to discuss a possible reduction in height and the inclusion of additional dwelling units on Avon Road. 'That Official Plan Amendment Application OP15/05/F/GS for Milan Kovacevic, Dean Kovacevic, & Keystone Property Developments Inc. requesting a change in designation from Low Rise Residential and Medium Rise Residential to Medium Rise Residential with Site Specific Policy Area 52 to permit a ten storey multiple dwelling development on the parcel of land specified and illustrated on Schedul the Official Plan Amendment attached to Development Services Department report DSD 20- approval; and, That Zoning By-law Amendment Application ZC15/015/F/GS for Milan Kovacevic, Dean Kovacevic, & Keystone Property Developments Inc. requesting a change from Residential Three (R-3) and Residential Eight (R-8) to Residential Eight with Special Regulation Provision 752R on the parcel of land specified and illustrated on Map No. 1, be approved - DSD 20- 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 ZC15/015/F/GS; and further, REPORTS TO BE CONSIDERED BY COUNCIL FEBRUARY 24, 2020 CITY OF KITCHENER PLANNING & STRATEGIC INITIATIVES COMMITTEE JANUARY 13, 2020 That the Urban Design Brief dated May 2015 (updated November 2019), and attached to Report DSD-20- Urban Design Brief through the Site Plan Approval process.