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HomeMy WebLinkAboutCouncil Agenda - 2018-01-29 COUNCIL AGENDA MONDAY, JANUARY 29, 2018 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER (TELEVISED) 200 KING STREET WEST 1. COMMENCEMENT – Singing of "O Canada". 2. MINUTES – Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held December 11, 2017 and special meetings held December 11, 2017 & January 8, 2018) – Councillor F. Etherington. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE – NIL 5. PRESENTATIONS – NIL 6. DELEGATIONS – a. Edmund Gaudet – Regarding a Dog Designation Appeal Committee recommendation, listed as Item 2 on the Committee of the Whole agenda. b. Donald Roberts – Regarding the use of storm water management ponds winter for recreational activities, listed as item a. under Unfinished Business. c. Rob Mattacchione – Regarding Community Services Department report CSD-17-104, listed as item 6 under the Community and Infrastructure Services Committee report dated January 8, 2018. d. Michelle Palmer, Director of Supply Services – To answer any questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. 7. REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS a. 2018 Strategic Action Plan – At the January 22, 2018 Special Finance and Corporate Services Meeting, consideration of the following recommendation was deferred to the meeting this date: That the following motion be deferred to the January 29, 2018 Council Meeting in order to allow residents to register as delegates and speak to the use of storm water management ponds winter for recreational activities: ‘That the City of Kitchener 2018 Strategic Action Plan outlined in Appendix ‘B’ to Chief Administrator’s Office report CAO-17-027 be approved as amended.’ 9. NEW BUSINESS – a. Kitchener Public Library – Councillor S. Marsh has given notice that she will introduce the following motion for consideration this date: WHEREAS publiclibraries provide safe, inclusive, and vibrant community spaces where everyone is welcome to learn, work, connect, and have fun; and, WHEREAS the Kitchener Public Library engages with the community and contributes to a culture of social good by sharing knowledge and resources; 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, JANUARY 29, 2018 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST 9. NEW BUSINESS – (CONT’D) a. (Cont’d) WHEREAS the Kitchener Public Library continues to seek funding opportunities through donor development and sponsorships to increase services and expand programming outside of their core funding; and, WHEREAS in 2017 the Kitchener Public Library continues to have a limited resource budget despite an increase in new cardholders by 20 percent, an increase in their social media presence by 34 percent, and the establishment of the Heffner Studio, a new digital studio space, which expanded their services by 72 percent within their existing budgets; and further, WHEREAS the Kitchener Public Library continues to manage public resources with the utmost care and are committed to the sustainability of their services; THEREFORE BE IT RESOLVED that the City of Kitchener urges the Province of Ontario to recognize the contribution of local libraries within their communities and to cease the 20 yearbudget freeze to local libraries in an acknowledgement to the services they offer to all residents; and, BE IT FURTHER RESOLVED that the City of Kitchener urges the Province of Ontario to reinstate adequate and appropriate funding for local libraries, increasing each year going forward in line with the consumer price index; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Minister of Tourism, Culture, and Sport, to the Ontario Minister of Municipal Affairs, to the local MP’s and MPP’s, to the Federation of Canadian Municipalities, to the Association of Municipalities Ontario, to the Ontario Library Association, to the Federation of Ontario Public Libraries, and to the Region of Waterloo and local area municipalities. b. Regional Council Update – Mayor B. Vrbanovic. 10. QUESTIONS AND ANSWERS 11. BY-LAWS --- 1ST READING – a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (Amends By-law 88-171 to add or delete areas of jurisdiction) b. 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. (Amends By-law 2008-117 to add or delete areas of jurisdiction) c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (Amends By-law 2010-190 to add or delete areas of jurisdiction) d. To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of The Corporation of the City of Kitchener. (Amends the Uniform Traffic By-law) e. Being a by-law to amend the Responsible Dog Ownership By-law 2014-138. Amends By-law 2014-138 to add or delete areas of jurisdiction and to make the by-law a part of the Municipal Code) COUNCIL AGENDA MONDAY, JANUARY 29, 2018 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 3 - 200 KING STREET WEST 11. BY-LAWS --- 1ST READING – (CONT’D) f. Being a by-law to amend the Dog Designation By-law 2014-142. (Amends By-law 2014- 142 to add or delete areas of jurisdiction and to make the by-law a part of the Municipal Code) g. Being a by-law to exempt certain lots from Part Lot Control - Part Lots 70 to 87 inclusive and Part Lots 92 to 116 inclusive, Registered Plan 58M-606 - 70-118 Watermill Street. (To create access easements to accommodate 47 street-fronting townhouse units. h. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener - 2291523 Ontario Inc. - 751 Ottawa Street South. (To follow Ontario Municipal Board Order dated November 6, 2017 and December 14, 2017 for OMB File No. PL 170749.) i. To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE – Chair, Councillor F. Etherington. 13. REPORT OF THE COMMITTEE OF THE WHOLE 14. BY-LAWS --- 3RD READING – a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. b. 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. c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. d. To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of The Corporation of the City of Kitchener. e. Being a by-law to amend the Responsible Dog Ownership By-law 2014-138. f. Being a by-law to amend the Dog Designation By-law 2014-142. g. Being a by-law to exempt certain lots from Part Lot Control - Part Lots 70 to 87 inclusive and Part Lots 92 to 116 inclusive, Registered Plan 58M-606 - 70-118 Watermill Street. h. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener - 2291523 Ontario Inc. - 751 Ottawa Street South. i. To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE AGENDA MONDAY, JANUARY 29, 2018 CHAIR – COUNCILLOR F. ETHERINGTON 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 M. Palmer, Director of Supply Services, recommending: i. FCS-18-002 – T17-089 Charles & Benton Parking Garage Repairs That Tender T17-089 Charles & Benton Parking Garage Repairs, be awarded to Birchcliff Construction Ltd., at their tendered price of $144,375., plus H.S.T. of $18,768.75, for a total of $163,143.75. ii. FCS-18-003 – P17-123 Waterworks Repair Services That Proposal P17-123 Waterworks Repair Services, be awarded to J. Weber Contracting Ltd., Breslau, Ontario, at their proposed unit prices, for a one (1) year term, with an option to renew for four (4) additional twelve (12) month terms. iii. FCS-18-006 – T17-144 Supply and Install Snow and Ice Removal Equipment That Tender T17-144 Supply and Install Snow and Ice Removal Equipment, be awarded to Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $146,125., plus H.S.T. of $18,996.25, for a total of $165,121.25. 2.FCS-17-203 – Dangerous Dog Designation Appeal – Gaudet Attached is Finance and Corporate Services Department report FCS-17-203 (J. Rodrigues), dated December 11, 2017. That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Kristine Gaudet and Mr. Edmund Gaudet, wherein the Committee substitutes the Dangerous Dog Designation applied to their dog ‘Koda’ by the Animal Welfare Agency South Central Ontario and assigns the Designation of Potentially Dangerous along with conditions for keeping of said dog, be ratified and confirmed. 3.FCS-18-005 – Sign Variances – 25 Breithaupt Street and 431 Highland Road West – Fence Variance – 197 Simeon Street Attached is Finance and Corporate Services Department report FCS-18-005 (D. Saunderson) dated January 17, 2018. That the application of Perimeter Development Corporation (SG 2017-018 - 25 Breithaupt Street) requesting permission to install a roof-top sign having a sign area of 23.62 sq.m. rather than the permitted maximum area of 10 sq.m.; to permit one letter on the sign to extend beyond the roof line whereas the By-law does not permit signs to extend beyond the perimeter of the building; and, to allow the proposed support structures for the sign to be fully visible whereas the By-law requires all support structures to be screened, on Lots 206-207, Part Lots 204, 205 & 208, Plan 376 & Part Lot 33, Streets & Lanes, being Parts 2 to 5 on Reference Plan 58R-17207, 25 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2 COMMITTEE OF THE WHOLE JANUARY 29, 2018 B. ADMINISTRATIVE REPORTS - CONT'D 2. That Condition 1 shall be completed prior to August 1, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. 3. That the owner shall ensure the sign is located at least 3m (horizontally and vertically) from the Kitchener-Wilmot Hydro Inc. overhead line. - and - That the application of McDonald's Restaurants of Canada Ltd. (SG 2018-001 - 431 Highland Road West) requesting permission to remove and replace a ground-supported sign having a height of 9.14m rather than the permitted maximum height for a ground-supported sign of 7.5m, on Part Lot 38, Registered Plan 786, being Part 2 on Reference Plan 58R-1089, 431 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall complete Condition 1 prior to September 1, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. - and - That the application of Carolyn Vander Schaaf (FN 2018-001 - 197 Simeon Street) requesting permission to legalize an existing wood fence having a height of 2.2m to be located 0.5m from the lot line abutting Cameron Street rather than the required 4.5m; and, to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Lot 59, Plan 284, 197 Simeon Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure wooden fence boards obstructing visibility within the Driveway Visibility Triangle (DVT) are removed, creating openings for visibility as per the two elevation drawings included with Application FN 2018-001. This measure shall be completed by April 30, 2018. 2. That the owner shall ensure openings in the fence as detailed in Condition 1 be maintained in perpetuity; otherwise this decision becomes null and void. Rise and Report REPORT TO: Committee of the Whole DATE OF MEETING: 2018-01-29 SUBMITTED BY: Michelle Palmer, Director of Supply Services 519-741-2200 ext. 7214 PREPARED BY: Steve Rudak, Buyer, 519-741-2200 ext. 7213 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: 2017-12-22 REPORT NO.: FCS-18-002 SUBJECT: T17-089 Charles & Benton Parking Garage Repairs ___________________________________________________________________________ RECOMMENDATION: That Tender T17-089 Charles & Benton Parking Garage Repairs, be awarded to Birchcliff Construction Ltd., at their tendered price of $144,375., plus H.S.T. of $18,768.75, for a total of $163,143.75. BACKGROUND: The City is proceeding with the repair program of the Charles & Benton parking garage as identified in the condition survey review dated June 26, 2015. The report recommends repairs to address current areas of both hot rubberized and thin traffic deck waterproofing deterioration. Additional work identified in the report includes localized removal and replacement of existing mortar joints and soffit sealant, repair damaged concrete curbs and cracked masonry unit blocks. The Charles and Benton parking garage was built in 2011 and to maintain the waterproofing systems designed to protect the structural systems and integrity of the parking structure the condition survey has identified these repairs as being necessary. This repair work is not covered by the original warranty which was for a three (3) year period. The repair work will be completed in 2018. REPORT: Although the value of this purchase falls below the Council approval threshold, as per Purchasing Bylaw clause 170.20.7 - “Notwithstanding its repeal, any purchases begun *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1.i - 1 but not yet completed by the effective date of this By-law shall be completed in accordance with the terms of the previous Chapter 170 of The City of Kitchener Municipal Code as if it were still in effect.” Tenders were advertised publicly on the City of Kitchener website and the Internet through the Ontario Public Buyers Electronic Tendering Information System. Documents were downloaded by twelve (12) interested parties and by the closing date of Thursday May 18, 2017, four (4) tenders had been received. The following tenders were received: Bid Price Corrected Bid Price Birchcliff Construction Ltd. Toronto ON $163,143.75* 2SC Contracting Inc. Toronto ON $209,445.50 Skyhawk Building restoration Inc.BarrieON $215,010.75 $217,129.50 SST Group of Construction Companies Ltd. Toronto ON $225,322.00 $227,017.00 The tenders were reviewed by P. McCormick, Manager of Parking Operations and Read Jones Christoffersen Ltd., the City’s Consultant for the project who concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The net cost for this tender (A), is fair and reasonable for a project of this scope and the upset limit is within the funding available (B) for this project. Funding for this project is included within the approved capital budget. The estimated surplus (D) will remain in the account to fund future garage repairs. 1.i - 2 Financial Summary for Tender T17-089 Charles & Benton Parking Garage Repairs Estimated Cost Tender T17-089 costs, including HST 163,143.75 less: HST rebate on tender (18,768.75) Net Cost Being Awarded 144,375.00 A Costs Incurred to Date 7,350.00 Projected Costs - Consulting & Engineering Fees 11,500.00 Estimated Cost $ 163,225.00 C Budget for this work: Structural Provision - Garages 240,500.00 Total Budget: $ 240,500.00 B Estimated Surplus/(Deficit) (B - C) 77,275.00 D COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: Not applicable ACKNOWLEDGED BY: Lesley MacDonald, Acting Deputy CAO, Finance and Corporate Services 1.i - 3 REPORT TO: Committee of the Whole DATE OF MEETING: 2018-01-29 SUBMITTED BY: Michelle Palmer, Director of Supply Services 519-741-2200 ext. 7214 PREPARED BY: Steve Rudak, Buyer, 519-741-2200 ext. 7213 WARD(S) INVOLVED: All DATE OF REPORT: 2018-01-19 REPORT NO.: FCS-18-003 SUBJECT: P17-123 Waterworks Repair Services ______________________________________________________________________ RECOMMENDATION: That Proposal P17-123 Waterworks Repair Services, be awarded to J. Weber Contracting Ltd., Breslau, Ontario, at their proposed unit prices, for a one (1) year term, with an option to renew for four (4) additional twelve (12) month terms. BACKGROUND: The City operates and maintains over 800 km of watermain, 7,100 water valves and 4,300 hydrants. Aging infrastructure causes watermain and valve failures to occur frequently over the winter months. Frost moving deep into and leaving the ground causes pipes to shift and already weak/aging pipes and valves will fail. The 5-year average is 110 failures per year, with the majority occurring over the winter months. In addition there are 2500 valves that are past their life expectancy of 40 years and these valves need to be proactively replaced under non-emergency conditions. Availability of safe drinking water is a necessity, which is often taken for granted until it is unavailable. Kitchener Utilities strives to restore safe drinking water as soon as possible to affected residents. This means completing watermain/valve repairs in a timely fashion. This work is typically completed by Kitchener Utilities staff, but additional resources in the form of contracted services are often required. These contingency resources are required to ensure maintenance programs are completed, to ensure staff are not working excessive hours and to ensure the City is complying with provincial hours of service regulations and the City’s service policy. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1.ii - 1 REPORT: Proposal was advertised publicly on the City of Kitchener website and the Internet through the Ontario Public Buyers Electronic Tendering Information System. Documents were downloaded by seven (7) interested parties and by the closing date of Monday December 11, 2017, one (1) proposal had been received. The following proposal was received: J.Weber Contracting LimitedBreslau, ON The proposals were rated on the following criteria: Labour rates Equipment and materials Company capacity Response times The proposal was based on fixed hourly evening rates on an estimated representative sampling of 40 watermain repairs per year. The average annual spend over the past three (3) years was $136,000. The anticipated spend for the first term of the contract is $150,000. The actual spend will depend on the level of activity through the term of the contract. The labour unit prices for waterworks repair services has increased 4% and the material unit prices remain unchanged from the 2014 contract. The proposal was reviewed by T. Gaber, Manager of Operations, M. Ryan, Supervisor Loss Prevention and Maintenance and S. Rudak, Buyer, who concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The net cost for this proposal (A), is fair and reasonable for a project of this scope and the upset limit is within the funding available (B) for this project. Funding for this project is included within the approved capital budget. The estimated surplus (D) will remain in the account to fund similar work conducted by the City. P17-123 1.ii - 2 Waterworks Repair Services Estimated Cost Proposal P17-123 costs, including HST 169,500.00 less: HST rebate (16,860.00) Net Cost Being Awarded 152,640.00 A Total Estimated Cost for this Phase of Work $152,640.00 C Funding Available Valve Replacement 328,122.38 Total Budget for this Phase of Work $328,122.38 B Estimated Surplus/(Deficit) for this Phase of Work (B - C) $175,482.38 D COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: Not applicable ACKNOWLEDGED BY: Lesley MacDonald, Acting Deputy CAO, Finance and Corporate Services 1.ii - 3 REPORT TO: Committee of the Whole DATE OF MEETING: 2018-01-29 SUBMITTED BY: Michelle Palmer, Director of Supply Services 519-741-2200 ext. 7214 PREPARED BY: Adam Buchholtz, Buyer, 519-741-2200 ext. 7217 WARD(S) INVOLVED: N/A DATE OF REPORT: 2018-01-09 REPORT NO.: FCS-18-006 SUBJECT: T17-144 Supply and Install Snow and Ice Removal Equipment ___________________________________________________________________________ RECOMMENDATION: That Tender T17-144 Supply and Install Snow and Ice Removal Equipment, be awarded to Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $146,125., plus H.S.T. of $18,996.25, for a total of $165,121.25. BACKGROUND: As approved in the 2017 Annual Fleet Equipment Review, this snow and ice removal equipment will be installed on the cab and chassis truck approved for purchase in December 2017. This complete unit replaces a tandem dump truck and utilizes a live bottom conveyor which enables the contents to be unloaded without raising the dump body. This unit will be used for snow and ice control on roadways during the winter months and for community trail maintenance in the summer months. The live bottom conveyor enables use of the unit within trails where tree canopies prevents the dump body from being raised to empty contents. REPORT: Although the value of this purchase falls below the Council approval threshold, as per clause 170.7.3 (b) Purchasing By-law, a report shall be brought forward for council approval where the project is not specifically identified within the Council approved budget. *** 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 This Tender was advertised publicly on the City of Kitchener website and the Internet through the Ontario Public Buyers Electronic Tendering Information System. Documents were downloaded by five (5) interested parties and by the closing date of Thursday December 20, 2017, two (2) tenders had been received. Tenders were reviewed by M. Born, Manager of Fleet, who concurs with the above recommendation. The following tenders were received: Bid Price VikingCives Ltd. Mount Forest ON $165,121.25* Gin-Cor Industries Mattawa ON $170,381.40 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through 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 equipment is included within the approved capital budget. The estimated deficit (D) will be funded from previous surpluses that have been closed out to the Equipment Reserve Fund. Tender T17-144 Supply and Install Snow and Ice Removal Equipment Estimated Cost for this Tender Tender T17-144 costs including optional equipment and HST 165,121.25 less: HST rebate on tender(16,424.45) Net Cost Being Awarded 148,696.80 A Projected Costs for Additional Outfitting Total Estimated Cost for this Tender $148,696.80 C Budget for this Tender Additional outfitting for unit $106,044.90 B Estimated Deficit for this Tender (B - C) (42,651.90) D to be funded from Equipment Reserve Fund COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. 1.iii - 2 PREVIOUS CONSIDERATION OF THIS MATTER: FCS-17-201 – T17-134 One (1) Tandem Rear Axle Conventional Cab and Chassis ACKNOWLEDGED BY: Lesley MacDonald, Acting Deputy CAO, Finance and Corporate Services 1.iii - 3 REPORT TO: Committee of the Whole DATE OF MEETING: December 7, 2017 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Jaclyn Rodrigues, Committee Administrator, 519-741-2200 x 7275 WARD(S) INVOLVED: All DATE OF REPORT: December 11, 2017 REPORT NO.: FCS-17-203 SUBJECT:Dangerous Dog Designation Appeal – Gaudet ___________________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Kristine Gaudet and Mr. Edmund Gaudet, wherein the Committee substitutes the Dangerous Dog Designation applied to their dog ‘Koda’ by the Animal Welfare Agency South Central Ontario and assigns the Designation of Potentially Dangerous along with conditions for keeping of said dog, be ratified and confirmed. BACKGROUND: On November 7, 2017, the Animal Welfare Agency South Central Ontario designated ‘Koda’, a dog owned by Ms. Kristine Gaudet and Mr. Edmund Gaudet, as a Dangerous Dog. The designation was applied after determining that on October 11, 2017 ‘Koda’ did attack a dog without provocation in contravention to City of Kitchener By-law 2014- 142 (Being a by-law with respect to the designation of Potentially Dangerous, Dangerous, Prohibited and Restricted Dogs). The Office of the City Clerk subsequently received correspondence from Ms. Kristine Gaudet and Mr. Edmund Gaudet appealing the Dangerous Dog Designation; and a Notice of Hearing was issued to the Respondent (the Animal Welfare Agency South Central Ontario) on November 22, 2017. REPORT: On December 7, 2017, the Dog Designation Appeal Committee considered the evidence related to an incident resulting in a Dangerous Dog Designation applied to ‘Koda’. Having considered the testimony presented on behalf of the Respondent, Mr. Daniel Hahn, Animal Protection Officer for the Animal Welfare Agency South Central Ontario; as well as the testimony and evidence presented by Ms. Dorothea *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 Papadopoulous, Witness for the Respodent; and, having considered the testimony provided by Mr. Edmund Gaudet, Appellant and Ms. Vicki Knapp, Witness for the Appellant; the Committee hereby substitutes the designation of Dangerous Dog applied to ‘Koda’, and assigns to ‘Koda’ a designation of Potentially Dangerous; and, pursuant to By-law 2014-142 assigns the following for the keeping of said Potentially Dangerous Dog: (a)The owner shall ensure that all conditions pertaining to the dog when it is off the property of the owner including any leashing and muzzling requirements are complied with; (b)The owner shall ensure that the animal services provider is provided with the new address and telephone number of the owner within two working days of moving the designated dog; (c)The owner shall provide the animal services provider with the name, address and telephone number of the new owner within two working days of selling or giving away the designated dog; (d)The owner shall advise the animal services provider within two working days of the death of the designated dog; (e)The owner shall advise the animal services provider forthwith if the designated dog runs at large or has bitten or attacked any person or animal; (f)The owner shall provide a copy of this designation to any person who keeps or harbours the designated dog; (g)The owner shall provide a copy of this designation to any veterinarian treating the designated dog and within the veterinarian’s premises shall be exempt from the requirements of this designation to the extent necessary to secure veterinary treatment for the dog at the discretion of the veterinarian; (h)The owner shall ensure that the designated dog has a current City dog licence; (i)The owner shall ensure that the designated dog wears the tag or tags provided by the animal services provider at all times and shall pay the reasonable cost for such tag or tags; (j)The owner shall ensure that the designated dog is kept, when it is on the lands and premises of the owner, confined: a.within the dwelling; and b.in an area secured and adequately fenced to the satisfaction of the animal services provider however the animal services provider may refuse to approve any fenced area if, in the sole discretion of the animal services provider, the fenced area would not provide sufficient protection to members of the public including unsupervised children who may wander into the area. (k)The owner shall ensure that the designated dog is kept under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8m (6 feet) in length and to be approved by the animal services provider, at all times when the designated dog is off the owner’s property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; 2 - 2 (l)The owner shall ensure that the designated dog wears a securely attached muzzle that is satisfactory to the animal services provider at all times when it is off the owner’s property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; (m)The owner shall ensure that the warning sign or signs provided by the animal services provider are displayed at the entrance to the owner’s dwelling which a person would normally approach and at any other place on the property as directed by the animal services provider. The sign(s) shall be posted in such a manner that it/they cannot be easily removed by passersby and the sign posted at the entrance which a person would normally approach must be clearly visible to a person approaching the entrance, or, when in a multiple unit dwelling, the owner will provide the name of the property owner and the property manager if any and allow the animal services provider to request that person to post a sign or signs; (n)The owner shall ensure that the designated dog is removed from the entrance or is leashed when attending to someone at the front door. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through 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 December 7, 2017 Hearing, were advised of the Committee’s decision and that it would be considered at the January 29, 2018 Council meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents via registered mail on December 11, 2017; thereby, providing notification of when the Committee’s decision would be considered by Council and the process for registering as a delegation. ACKNOWLEDGED BY: Lesley MacDonald, Acting DCAO, FCS Department 2 - 3 REPORT TO: Committee of the Whole DATE OF MEETING: January 29, 2018 SUBMITTED BY: Dianna Saunderson, Secretary-Treasurer, Committee of Adjustment (519-741-2200 ext. 7277) PREPARED BY: Holly Dyson, Administrative Clerk (519-741-2200 ext. 7594) WARD(S) INVOLVED: 8 and 10 DATE OF REPORT: January 17, 2018 REPORT NO.: FCS-18-005 SUBJECT:SignVariances - 25 Breithaupt Street and 431 Highland Road West Fence Variance - 197 Simeon Street ___________________________________________________________________________ RECOMMENDATION: “That the application of Perimeter Development Corporation (SG 2017-018 - 25 Breithaupt Street) requesting permission to install a roof-top sign having a sign area of 23.62 sq.m. rather than the permitted maximum area of 10 sq.m.; to permit one letter on the sign to extend beyond the roof line whereas the By-law does not permit signs to extend beyond the perimeter of the building; and, to allow the proposed support structures for the sign to be fully visible whereas the By-law requires all support structures to be screened, on Lots 206-207, Part Lots 204, 205 & 208, Plan 376 & Part Lot 33, Streets & Lanes, being Parts 2 to 5 on Reference Plan 58R-17207, 25 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a sign permit from the Planning Division. 2.That Condition 1 shall be completed prior to August 1, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. 3.That the owner shall ensure the sign is located at least 3m (horizontally and vertically) from the Kitchener-Wilmot Hydro Inc. overhead line.“ -and - *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3 - 1 “That the application of McDonald's Restaurants of Canada Ltd. (SG 2018-001 - 431 Highland Road West) requesting permission to remove and replace a ground-supported sign having a height of 9.14m rather than the permitted maximum height for a ground- supported sign of 7.5m, on Part Lot 38, Registered Plan 786, being Part 2 on Reference Plan 58R-1089, 431 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a sign permit from the Planning Division. 2.That the owner shall complete Condition 1 prior to September 1, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void.” -and - “That the application of Carolyn Vander Schaaf (FN 2018-001 - 197 Simeon Street) requesting permission to legalize an existing wood fence having a height of 2.2m to be located 0.5m from the lot line abutting Cameron Street rather than the required 4.5m; and, to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Lot 59, Plan 284, 197 Simeon Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall ensure wooden fence boards obstructing visibility within the Driveway Visibility Triangle (DVT) are removed, creating openings for visibility as per the two elevation drawings included with Application FN 2018-001. This measure shall be completed by April 30, 2018. 2.That the owner shall ensure openings in the fence as detailed in Condition 1 be maintained in perpetuity; otherwise this decision becomes null and void.” REPORT: The Committee of Adjustment met as a Standing Committee of City Council on December 12, 2017 and January 16, 2018 to consider two applications pursuant to Chapter 680 (SIGNS) of the City of Kitchener Municipal Code and one application pursuant to Chapter 630 (FENCES) of the City of Kitchener Municipal Code. These recommendations are being forwarded to you on behalf of the Committee of Adjustment for your consideration. 3 - 2 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendations of this report support the achievement of the City’s strategic vision through the delivery of core service. Respecting Sign By-law and Fence By-law variances, the Committee of Adjustment operates as a Standing Committee of City Council, and as such represents efficient and effective government. FINANCIAL IMPLICATIONS: None COMMUNITY ENGAGEMENT: INFORM - As directed by the Sign By-law and Fence By-Law, notice of Applications for Variance to the Sign By-law and Fence By-law are published in the Record 15 - 18 days prior to the Committee of Adjustment meeting at which the application will be considered. Notice of an application is also mailed to property owners within 30 metres of the subject property. INFORM - This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. ENTRUST - The Committee of Adjustment is a Quasi-Judicial Committee of citizen members operating as a Standing Committee of City Council. ACKNOWLEDGED BY: Michael May, DCAO Community Services Department 3 - 3 REPORTS TO BE CONSIDERED BY COUNCIL JANUARY 29, 2018 CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – JANUARY 8, 2018 1. That the following applicants be appointed to the Grand River Accessibility Advisory Committee (GRAAC) for a 4-year term ending December 31, 2021, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot and Township of Woolwich, as outlined in Community Service Department report CSD-18-001: Name Location New or Reappointment Ben Benninger Township of North Dumfries New Rhonda-Marie Parke City of Kitchener New Staff Representation Independent Living Centre of New Waterloo Region Sharon Giles City of Kitchener Reappointment Dawn Clelland City of Kitchener Reappointment; and further, That Andrew Tutty, Mike Shipley and Brenda Robinson be reappointed for an additional year ending December 31, 2018. 2. That Zone Change Application ZC17/016/D/CD (62 Daniel Avenue) for the purpose of removing Holding Provision 18HSR from the lands specified on the attached Map No.1, in the form shown in the ‘Proposed By-law’ dated November 22, 2017, attached to Community Services Department report CSD-18-003 as Appendix ‘A’, be approved. 3. That the revised Council Policy I-1080 (Performance Securities), attached to Community Services Department report CSD-17-102 as Appendix ‘A’, be approved. 4. That the list of proposed Neighbourhood Associations, as attached to Community Services Department report CSD-18-002, be approved for affiliation for the year 2018 and added to the City of Kitchener’s third party liability insurance program. 5. That the Community Engagement Policy listed as attached to Chief Administrator’s Office report CAO-17-026 as Appendix ‘A’, be approved. 6. That consideration of the following recommendation contained in Community Services Department report CSD-17-104, be referred to the Council meeting of January 29, 2018, to allow an opportunity for staff to review the circulated information regarding the PK Sound Trinity System provided by the event promoter; and further, review the permitted noise exemption end time on Sunday evening, as well as consideration for permitting the decibel level (dBA) audible at 60 dBA rather than the recommended 55 dBA: ‘That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for Ever After Music Festival, to be held at Bingemans on June 8, 9 and 10, 2018, between the hours of 5:00 p.m. and 11:00 p.m. on the Friday evening, 11:00 a.m. and 11:00 p.m. on the Saturday evening, and 11:00 a.m. and 9 p.m. on the Sunday evening, as outlined in Community Services Department report CSD-17-104. This exemption is subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from this music festival, audible in any adjacent residential neighbourhood. b) 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. c) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas. d) The maximum decibel level audible (dBA) from a residential area shall not exceed 55 dBA. REPORTS TO BE CONSIDERED BY COUNCIL JANUARY 29, 2018 CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – JANUARY 8, 2018 (CONT’D) e) The event organizer will be responsible for the cost of a paid-duty Noise Officer, to be assigned specifically to this event which shall be paid in full prior to the event.’