HomeMy WebLinkAboutCouncil Agenda - 2018-02-26 COUNCIL AGENDA
MONDAY, FEBRUARY 26, 2018 CITY OF KITCHENER
7:00 P.M. - COUNCIL CHAMBER (LIVE STREAMED) 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 January 29,
2018 and special meetings held January 22, 29 and February 5, 2018) – Councillor P. Singh.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
4. COMMUNICATIONS REFERRED TO FILE –
a. Flag Request under Policy MUN-FAC-442:
• IRL: Irish Real Life Festival – March 9-19, 2018.
5. PRESENTATIONS – NIL
6. DELEGATIONS –
a. Matthew Piggott – Regarding the sale of Community CarShare, listed as item B.7 on the
Committee of the Whole agenda.
b. Melissa Bowman – Regarding the Victoria Park Neighbourhood Action Plan, listed as item
C.9 on the Committee of the Whole agenda.
c. Michelle Palmer, Director of Supply Services – To answer any questions arising from
the tender(s) listed as item B.1 on the Committee of the Whole agenda of this date.
7. REPORTS OF COMMITTEES
8. UNFINISHED BUSINESS
9. NEW BUSINESS –
a. 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. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code
regarding By-law Enforcement. (Amends Schedule ‘A’ to add or delete the name of a
Municipal Enforcement Officer).
*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 26, 2018 CITY OF KITCHENER
7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST
__________________________________________________________________________________________
11. BY-LAWS --- 1ST READING – (CONT’D)
e. Being a by-law to close part of the public highway known as Rockcliffe Drive, Plan 58M-
568, in the City of Kitchener. (Notice not required, lands used as a temporary turning
circle).
f. Being a by-law to provide for the stablishing and laying out of part of Rockcliffe Drive and
Castlebay Street as public highway in the City of Kitchener. (Conveys 0.3m reserves
pursuant to conditions of Subdivision Agreement.
g. Being a by-law to exempt certain lots from Part Lot Control - Part of Block 2, Registered
Plan 58M-234 and Part of Reserve Block 12, Registered Plan 58M-78 - 1170 Fischer-
Hallman Road and 1111 Westmount Road, East. (To allow the creation of two lots from
one part block for two existing commercial plazas developments, also creation of cross
easements for access, surface water flows, construction, services and garbage truck
access).
h. To confirm all actions and proceedings of the Council.
12. COMMITTEE OF THE WHOLE –
Chair, Councillor P. Singh.
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. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code
regarding By-law Enforcement.
e. Being a by-law to close part of the public highway known as Rockcliffe Drive, Plan 58M-
568, in the City of Kitchener. (Notice not required).
f. Being a by-law to provide for the stablishing and laying out of part of Rockcliffe Drive and
Castlebay Street as public highway in the City of Kitchener.
g. Being a by-law to exempt certain lots from Part Lot Control - Part of Block 2, Registered
Plan 58M-234 and Part of Reserve Block 12, Registered Plan 58M-78 - 1170 Fischer-
Hallman Road and 1111 Westmount Road, East.
h. To confirm all actions and proceedings of the Council.
COMMITTEE OF THE WHOLE AGENDA
MONDAY, FEBRUARY 26, 2018
CHAIR – COUNCILLOR P. SINGH
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-18-008 – T18-012 Garden Avenue and Van Camp Avenue (Highland Road
West to Spadina Road West) Road Reconstruction
That Tender T18-012 Garden Avenue and Van Camp Avenue (Highland Road
West to Spadina Road West) Road Reconstruction be awarded to Sierra
Infrastructure Inc., Woodstock, Ontario, at their tendered price of $1,369,062.24,
including provisional items and contingencies of $160,000., plus H.S.T. of
$177,978.08, for a total of $1,547,040.32.
2.FCS-18-013 – Dangerous Dog Designation Appeal – Proulx
Attached is Finance and Corporate Services Department report FCS-18-013 (J.
Rodrigues), dated February 12, 2018.
That the decision of the Dog Designation Appeal Committee regarding an
appeal filed by Mr. Robert Proulx, wherein the Committee affirms the Dangerous
Dog Designation and modifies the conditions for the keeping of said dog, be
ratified and confirmed.
3.FCS-18-015 – Encroachment Agreement – Business Sign for Good Vibes Juice
Co. Over Sidewalk – 1 King Street West
Attached is Finance and Corporate Services Department report FCS-18-015 (E. Mogck)
dated February 15, 2018.
That the Mayor and Clerk be authorized to execute an Encroachment
Agreement, satisfactory to the City Solicitor, with the property owner and any
mortgagee(s) of the property municipally known as 1 King Street West to permit
a business sign that will project over the City’s sidewalk.
4.FCS-18-017 – Appointment to Economic Development Advisory Committee (Term
Ending November 30, 2020).
Attached is Finance and Corporate Services Department report FCS-18-017 (C.
Tarling), dated February 15, 2018.
That Christine Michaud be appointed as the “Office Owner” sector
representative for the Economic Development Advisory Committee for the term
ending November 30, 2020, as attached to staff report FCS-18-017.
5.FCS-18-020 – Sign Variances – 835 King Street West/40 Green Street and 125
Highland Road East
Attached is Finance and Corporate Services Department report FCS-18-020 (D.
Saunderson), dated February 21, 2018.
That the application of the GRAND RIVER HOSPITAL CORPORATION
requesting permission to install two ground-supported signs fronting onto King
Street West, with the first sign (Sign A on the plan submitted with the
application) having a height of 5.3m rather than the permitted maximum height
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COMMITTEE OF THE WHOLE FEBRUARY 26, 2018
B. ADMINISTRATIVE REPORTS - CONT'D
of 2m; and, a sign area of 15.35 sq.m. rather than the permitted maximum area
of 6 sq.m.; the second sign (Sign B on the plan submitted with the application)
having a height of 3.353m rather than the permitted maximum height of 2m; a
sign area of 9.71 sq.m. rather than the permitted maximum area of 6 sq.m.; and,
will not include the municipal address whereas the By-law requires that all
ground-supported signs include the municipal address, on Part Mount Hope
Cemetery, Plan 385 and Part Lot Closed Park Street, 835 King Street West/40
Green Street, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That the owner shall obtain sign permits from the Planning Division.
2. That the owner shall complete Condition 1 prior to October 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 the CITY OF KITCHENER requesting permission to
legalize an existing ground-supported sign having a height of 6.198m rather than
the permitted maximum height of 5.5m; to have a 2.02m clearance from grade
rather than the required clearance of 2.44m; to be located in the Driveway Visibility
Triangle (DVT) whereas the By-law does not permit encroachments into the DVT;
to be located in the Corner Visibility Triangle (CVT) whereas the By-law does not
permit encroachments into the CVT; and, to permit the sign to have non-accessory
third-party advertising whereas the By-law does not permit non-accessory third-
party advertising, on Part Lot F, Plan 670, 125 Highland Road East, Kitchener,
Ontario,BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a sign permit from the Planning Division by May
31, 2018.
2. That the sign is prohibited to have automatic changing copy save and except
for the portion of the sign that displays daily fuel prices.
3. That the subject application is approved if and only if the licensing the
licensing agreement for the encroachment of the sign onto City property is
valid and binding, failure to maintain that agreement will make the decision
null and void.
6.INS-18-007 – 2017 Ontario Municipal Commuter Cycling Program Execution of
Transfer Payment Agreement (Agreement)
Attached is Infrastructure Services Department report INS-18-007 (K. Carmichael),
dated February 9, 2018.
That the Chief Administrative Officer is hereby authorized to execute on behalf
of the Corporation of the City of Kitchener a Transfer Payment Agreement
(Agreement) with Her Majesty the Queen in right of the Province of Ontario as
represented by the Minister of Transportation for the Province of Ontario for
2018 funding under the Ontario Municipal Commuter cycling Program (OMCC)
with said Agreement subject to the satisfaction of the City Solicitor; and,
That The Chief Administrative Officer and/or General Manager, Development
Services Department are authorized to execute any and all required
documentation on behalf of the Corporation of the City of Kitchener as required
by the OMCC for 2018; said documentation subject to the satisfaction of the
3
COMMITTEE OF THE WHOLE FEBRUARY 26, 2018
B. ADMINISTRATIVE REPORTS - CONT'D
City Solicitor; and,
That the Corporation of the City of Kitchener commits to providing funding
equivalent in 2018 to twenty percent of 2018 funding provided to the
Corporation of the City of Kitchener under the OMCC; and,
That the Corporation of the City of Kitchener commits to implementing projects
and spending OMCC 2018 funding in accordance with all provisions specified
in the Agreement; and,
That the Corporation of the City of Kitchener commits to spending OMCC 2018
- funding only on the following approved projects:
Strasburg Road between Bleams Road and Huron Road;
Stirling Avenue between Mausser Avenue and Russell Street;
Bedford Road between Sydney Street and Courtland Avenue;
Outdoor Bike Parking; and further,
That the Corporation of the City of Kitchener commits that it will obtain all
required approvals have been obtained for each project prior to use of OMCC
funding.
7.INS-18-013 – Community CarShare (The People’s Car Co-operative Incorporated)
Attached is Infrastructure Services Department report INS-18-013 (K. Carmichael),
dated February 1, 2018.
That the Mayor and Clerk be authorized to execute the necessary agreements
with Communauto/VRTUCAR for community car sharing services including;
a new parking location agreement and;
the assignment of Community CarShare’s outstanding line of credit debt
to Communauto/VIRTUCAR,
subject to the satisfaction of the City Solicitor.
8.CSD-18-049 – Development Charges Rebate Program
Attached is Community Services Department report CSD-18-049 (A. Pinard), dated
February 21, 2018.
That the City of Kitchener participate in the Development Charges Rebate
Program offered through the Province of Ontario’s Fair Housing Plan (2017);
and,
That the City of Kitchener designate the Housing Service Manager at the Region
of Waterloo as program administrator for the City of Kitchener; and further,
That the City of Kitchener authorizethe Housing Service Manager at the Region
of Waterloo to submit an expression of Interest to the Ministry of Housing on
behalf of the City of Kitchener.
C. FOR INFORMATION
9.CSD-18-045 – Victoria Park Neighbourhood Action Plan
Attached is Community Services Department report CSD-18-045 (J. Joseph), dated
February 5, 2018.
Rise and Report
REPORT TO: Committee of the Whole
DATE OF MEETING: 2017-02-26
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: Ward 9
DATE OF REPORT: 2017-02-14
REPORT NO.: FCS-18-008
SUBJECT: T18-012 Garden Avenue and Van Camp Avenue(Highland
Road West to Spadina Road West) Road Reconstruction
___________________________________________________________________________
RECOMMENDATION:
That Tender T18-012 Garden Avenue and Van Camp Avenue (Highland Road West
to Spadina Road West) Road Reconstruction be awarded to Sierra Infrastructure
Inc., Woodstock, Ontario, at their tendered price of $1,369,062.24, including
provisional items and contingencies of $160,000., plus H.S.T. of $177,978.08, for a
total of $1,547,040.32.
BACKGROUND:
Engineering Services is proceeding with the reconstruction of Garden Avenue and Van
Camp Avenue. The work includes the replacement of the existing sanitary sewer, storm
sewer, water supply system, roadway, curb and gutter, sidewalks and municipal service
connections to the street property line. The services were originally constructed in the
1930’s and are in need of replacement.
The administration, design and tendering of this project has been completed by City
staff, the construction administration and inspection of this project will be completed by
City staff as well.
Council, as part of the 2018 budget process, has approved full funding for this project.
The project is scheduled to begin April 3, 2018.
*** 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
REPORT:
Tenders were advertised publicly on the City of Kitchener website. Documents were
downloaded by thirty-nine (39) interested parties and by the closing date of Tuesday
February 6, 2018, eight (8) tenders had been received.
The tenders were reviewed by J. Seip, Engineering Technologist and A. Buchholtz,
Buyer who concur with the above recommendation.
The following tenders were received:
Bid Price
SierraInfrastructure Inc. Woodstock ON $1,547,040.32 *
J.Weber Contracting Ltd.Breslau ON $1,686,838.03
Gedco Excavating Ltd.Brantford ON $1,697,850.18
410754 Ontario Limited o/a Sousa Concrete Branchton ON $1,726,260.10
Regional Sewer and Watermain Ltd. Cambridge ON $1,910,172.53
Steed and Evans Limited St. Jacobs ON $2,031,951.25
Bel-Air Excavating & Grading Ltd. Cambridge ON $2,056,022.02
Nabolsy Contracting Inc. Mississauga ON $2,234,057.11
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:
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 and
the upset limit is within the budget allowance (B) provided within the budget. Funding
for this purchase is included within the approved capital forecast. The estimated surplus
(E)will be returned to the WIP Road Reconstruction general account, and will be used
to fund unexpected deficits in WIP Road Reconstruction projects.
1.i - 2
Tender T18-012
Garden Ave., Van Camp Ave.
The total budget for all phases of this project is 1,997,738.00
Estimated Cost for this Phase of Work
Tender T18-012 costs, including HST 1,547,040.32
less: HST rebate on tender (153,882.53)
Net Cost Being Awarded 1,393,157.79 A
Costs Incurred to Date
Projected Costs: Staff Time/Material Testing 14,172.00
Total Estimated Cost for this Phase of Work $1,407,329.79 C
Budget for this Phase of Work
WIP - Road Reconstruction - Sanitary Utility 761,967.00
WIP - Road Reconstruction - Stormwater Utility 380,984.00
WIP - Road Reconstruction - Water Utility 513,500.00
Total Budget for this Phase of Work $1,656,451.00 B
Estimated Surplus/(Deficit) for this Phase of Work (B - C) 249,121.21 D
Estimated Surplus/(Deficit) from previous phases (12,248.20)
Total Estimated Surplus/(Deficit) $236,873.01 E
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: February 26, 2018
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Jaclyn Rodrigues, Committee Administrator,
519-741-2200 x 7275
WARD(S) INVOLVED: All
DATE OF REPORT: February 12, 2018
REPORT NO.: FCS-18-013
SUBJECT:Dangerous Dog Designation Appeal – Proulx
___________________________________________________________________________
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Mr. Robert Proulx, wherein the Committee affirms the Dangerous Dog
Designation and modifies the conditions for the keeping of said dog, be ratified
and confirmed.
BACKGROUND:
On December 13, 2017 the Animal Welfare Agency South Central Ontario designated
‘Heart’, a dog owned by Mr. Robert Proulx, as a Dangerous Dog. The designation was
applied after determining that on December 6, 2017 ‘Heart’ did attack a dog and its
owner 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). On December 14, 2017, the Office of the City Clerk
subsequently received correspondence from Mr. Robert Proulx appealing the
Dangerous Dog Designation; and a Notice of Hearing was issued to the Respondent
and Appellant (the Animal Welfare Agency South Central Ontario), advising on January
29, 2018 a 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 on January 29, 2018 to
consider an appeal filed with the City by Mr. Robert Proulx.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
2 - 1
On that date, the Dog Designation Appeal Committee considered the evidence related
to an incident resulting in the Dangerous Dog Designation applied to ‘Heart’. Having
considered the testimony presented on behalf of the Respondent by Gary Boes, Animal
Protection Officer for the Animal Welfare Agency South Central Ontario; as well as the
testimony and evidence presented by Mr. David Lee and Ms. Kim Williams, Witnesses
for the Respondent; and, having reviewed the evidence and testimony submitted by Mr.
Robert Proulx, Apellant; the Committee confirmed the designation of Dangerous Dog
applied to ‘Heart’ and assigned the following conditions for the keeping of said
Dangerous Dog:
That the owners, for the purposes of this designation be known as Mr. Robert Proulx,
shall comply with the following requirements:
(a)The owner shall ensure that all conditions pertaining to the dog when it is
outside of the owner’s personal unit including any leashing and muzzling
requirements are complied with in any City Off-Leash Park unless specified
otherwise in this designation;
(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, and that the animal services provider may re-
inspect at the new location anything already described j. a);
(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 any
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 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.in an area with a secure and adequate fence 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, a fenced area would provide insufficient protection to members
of the public including unsupervised children who may wander in to the
2 - 2
area; or
b.when outside of the dwelling the designated dog must be under the
effective control of the owner or a professional dog handler, to be
approved by the animal services provider, by leash, such leash is not to
exceed 1.8 meters (6 feet) in length and to be approved by the animal
services provider, and, where the dog is required to wear a muzzle, body
harness, and pinch collar off its property by this designation shall also
wear a muzzle, body harness, and pinch collar outside of the owner’s
personal unit in accordance with subsection (d).
c.the owner shall ensure that the designated dog is kept under the effective
control of the owner or a professional dog handler, to be approved by the
animal services provider, by leash, such leash not to exceed 1.8 meters (6
feet) in length and to be approved by the animal services provider, at all
times when the designated dog is outside of owner’s personal unit and not
caged or otherwise penned or confined to the satisfaction of the animal
services provider;
d.the owner shall ensure that the designated dog wears a securely attached
muzzle, body harness, and pinch collar that is satisfactory to the animal
services provider at all times when it is outside of the owner’s personal
unit and not caged or otherwise penned or confined to the satisfaction of
the animal services provider;
e.the owner shall ensure that the designated dog is sterilized and shall
provide proof satisfactory to the animal services provider that such
procedure has been performed within 30 days of this designation
becoming a confirmed designation;
f.the owner shall ensure that the warning sign or signs provided by the
animal services provider are displayed at the entrance of 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 property manager if any and allow the
animal services provider to request that person to post a sign or signs.
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 January 29, 2018 Hearing, were advised of the
Committee’s decision and that it would be considered at the February 26, 2018 Council
2 - 3
meeting. In addition, a Notice of Decision was sent to the Appellant and the
Respondents via registered mail on February 1, 2018; thereby, further notifying both
parties 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 - 4
REPORT TO: Committee of the Whole
DATE OF MEETING: February 26, 2018
SUBMITTED BY: Erin Mogck, Associate City Solicitor 519-741- 2200 ext. 7060
PREPARED BY: Erin Mogck, Associate City Solicitor 519-741- 2200 ext. 7060
WARD(S) INVOLVED: 9
DATE OF REPORT: February 15, 2018
REPORT NO.: FCS-18-015
SUBJECT:Encroachment Agreement - business sign for Good Vibes Juice
Co. over sidewalk - 1 King Street West
___________________________________________________________________________
RECOMMENDATION:
“That the Mayor and Clerk be authorized to execute an Encroachment Agreement,
satisfactory to the City Solicitor, with the property owner and any mortgagee(s) of
the property municipally known as 1 King Street West to permit a business sign
that will project over the City’s sidewalk.”
BACKGROUND:
The tenant of 1 King Street West, Good Vibes Juice Co., has applied for permission to
install a sign that will project over the City’s King Street West sidewalk. Good Vibes
Juice Co. has hired a professional sign company to prepare drawings and perform the
installation subject to the City’s approval.
REPORT:
The proposed sign will project approximately 36 inches or 0.91 metres over the City’s
King Street West sidewalk. In the downtown, there is a zero set-back, meaning the
location of the property line is at the foundation of the building. This business is
operating in the downtown near the intersection of King Street West and Queen Street
South.
The City maintains the King Street sidewalk all year-round with sidewalk sweepers and
snow removal vehicles. These vehicles require a minimum clearance under the
proposed signage of 9 feet or 2.74 meters.
The sign will hang from an aluminum bracket, secured into the wood panel at least 2.74
metres above the storefront. Since the sign will be double-sided, it will be visible from
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3 - 1
pedestrians walking along the sidewalk in either direction. This sign will help attract
customers to Good Vibes Juice Co.
The attached drawings have been circulated for staff comments. There are no concerns
through the circulation process; however, a sign permit is required.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation outlined in this report supports the achievement of the City’s
strategic vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
All fees associated with encroachments will be paid by Good Vibes Juice Co. The
Application fee of $274.00 has been paid. Processing fee of $235 will become payable
after Council approval.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in
advance of the Standing Committee.
ACKNOWLEDGED BY: Lesley MacDonald, Acting Deputy CAO, Finance and
Corporate Services
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strausdesign.com
519.267.2470
Adam Straus
adam@strausdesign.com
30"
1 KING STREET W SIGNAGE Project:Goodvibes Juice co.Details:-40 projection
-2.76mfromgroundtobottomofsign
Exisiting BackerCutout LettersProjection SignVinyl letters appliedto windows
2.6m
2.76M
3 - 3
strausdesign.com
519.267.2470
Adam Straus
adam@strausdesign.com
1"inchstandoff
1 KING STREET W CUTOUT LETTERS Project:Goodvibes Juice co.Details:.375 white acrylic
4.5"
24.9
4.065 h
4.5"
METHOD OF ATTACHEMENT
3/8 acrylic
existing plywood
metal pins - 3/16 diameter
2 into building and glued withconstruction grade adhesive3 to 4 pins per letter
31.7
3 - 4
strausdesign.com
519.267.2470
01m) projection from building
Adam Straus
adam@strausdesign.com
36"(0.91m)
double sided
1 KING STREET W PROJECTION SIGN Project:Goodvibes Juice co.Details:-- 40 (1.-alluminum bracket-alluminum frame-acrylic faces-acrylic letters
5x81/4 thickness
MOUNTING PLATE
.5 tube frame
.125 white acrylic
.125 white acrylic
.375 white acrylic.375 white acrylic.125 white acrylic.125 white acrylic.25 acrylic panel
40 (1.01m)
1.5 x 1.5 alluminum tube
36"(0.91m)
30"(0.76m)
48 (1.22m)
3 - 5
strausdesign.com
519.267.2470
Adam Straus
adam@strausdesign.com
1 KING STREET W PROJECTION SIGN Project:Goodvibes Juice co.
4 wood screws
existing plywood
bolt patern
METHOD OF ATTACHEMENT
3 - 6
strausdesign.com
519.267.2470
Adam Straus
adam@strausdesign.com
1 KING STREET W VINYL WINDOW GRAPHICS Project:Goodvibes Juice Co.Details:White cut vinyl
17.53232
3 - 7
REPORT TO: Committee of the Whole
DATE OF MEETING: February 26, 2018
SUBMITTED BY: C.Tarling, Director of Legislated Services/City Clerk, 519-741-
2200, ext. 7809
PREPARED BY: C.Tarling, Director of Legislated Services/City Clerk, 519-741-
2200, ext. 7809
WARD(S) INVOLVED: All
DATE OF REPORT: February 15, 2018
REPORT NO.: FCS-18-017
SUBJECT:Appointment to Economic Development Advisory Committee
(Term ending November 30, 2020)
___________________________________________________________________________
RECOMMENDATION:
That Christine Michaud be appointed as the “Office Owner” sector representative for the
Economic Development Advisory Committee for the term ending November 30, 2020, as
attached to staff report FCS-18-017.
BACKGROUND:
On December 1, 2016, Council appointed citizens to various advisory committees, boards and
special committees including the Economic Development Advisory Committee (EDAC). One of
the sectors that remained vacant was the “Office Owner” sector.
Sector-specific vacancies for Advisory Committees are listed on the City’s website. Individuals
may apply to fill a specific sector and once their eligibility is determined, their name is put
forward for Council’s consideration. If there are more applications than vacancies, the
applications are forwarded to the Nominating Committee to recommend a slate to Council for
decision. If there are not, the Director of Legislated Services/City Clerk makes a
recommendation directly to Council.
REPORT:
In response to the sector-specific vacancies listed on the City’s website, the City received one
(1)application from Christine Machaud for the vacancy in the “Office Owner” sector for EDAC,
which is presented for Council’s consideration.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4 - 1
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:
None at this time.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in advance of the
council / committee meeting.
ACKNOWLEDGED BY:L. MacDonald, Acting Deputy CAO, Finance & Corporate
Services
4 - 2
REPORT TO: Committee of the Whole
DATE OF MEETING: February 26, 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: 9
DATE OF REPORT: February 21, 2018
REPORT NO.: FCS-18-020
SUBJECT:SignVariances - 835 King Street West/40 Green Street and
125 Highland Road East
___________________________________________________________________________
RECOMMENDATION:
“That the application of the GRAND RIVER HOSPITAL CORPORATION requesting
permission to install two ground-supported signs fronting onto King Street West, with
the first sign (Sign A on the plan submitted with the application) having a height of 5.3m
rather than the permitted maximum height of2m; and, a sign area of 15.35 sq.m. rather
than the permitted maximum area of 6 sq.m.; the second sign (Sign B on the plan
submitted with the application) having a height of 3.353m rather than the permitted
maximum height of 2m; a sign area of 9.71 sq.m. rather than the permitted maximum
area of 6 sq.m.; and, will not include the municipal address whereas the By-law requires
that all ground-supported signs include the municipal address, on Part Mount Hope
Cemetery, Plan 385 and Part Lot Closed Park Street, 835 King Street West/40 Green
Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1.That the owner shall obtain sign permits from the Planning Division.
2.That the owner shall complete Condition 1 prior to October 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 -
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5 - 1
“That the application of the CITY OF KITCHENER requesting permission to legalize an
existing ground-supported sign having a height of 6.198m rather than the permitted
maximum height of 5.5m; to have a 2.02m clearance from grade rather than the required
clearance of 2.44m; to be located in the Driveway Visibility Triangle (DVT) whereas the By-
law does not permit encroachments into the DVT; to be located in the Corner Visibility
Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; and, to
permit the sign to have non-accessory third-party advertising whereas the By-law does not
permit non-accessory third-party advertising, on Part Lot F, Plan 670, 125 Highland Road
East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1.That the owner shall obtain a sign permit from the Planning Division by May 31,
2018.
2.That the sign is prohibited to have automatic changing copy save and except for the
portion of the sign that displays daily fuel prices.
3.That the subject application is approved if and only if the licensing the licensing
agreement for the encroachment of the sign onto City property is valid and binding,
failure to maintain that agreement will make the decision null and void.”
REPORT:
The Committee of Adjustment met as a Standing Committee of City Council on
February 20, 2018 to consider two applications pursuant to Chapter 680 (SIGNS) of the
City of Kitchener Municipal Code.
These recommendations are being forwarded to you on behalf of the Committee of
Adjustment for your consideration.
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
5 - 2
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
5 - 3
REPORT TO: Committee of the Whole
DATE OF MEETING: February 26, 2018
SUBMITTED BY: Ken Carmichael, Interim Director of Transportation Services,
519-741-2200 x7372
PREPARED BY: Danny Pimentel, Active Transportation Planning Project Manager,
519-741-2200 x7371
WARD(S) INVOLVED: All
DATE OF REPORT: February 9. 2018
REPORT NO.: INS-18-007
SUBJECT:2017 Ontario Municipal Commuter Cycling Program Execution of
Transfer Payment Agreement (Agreement)
___________________________________________________________________________
RECOMMENDATION:
THAT the Chief Administrative Officer is hereby authorized to execute on behalf
of the Corporation of the City of Kitchener a Transfer Payment Agreement
(Agreement) with Her Majesty the Queen in right of the Province of Ontario as
represented by the Minister of Transportation for the Province of Ontario for
2018 funding under the Ontario Municipal Commuter cycling Program (OMCC)
with said Agreement subject to the satisfaction of the City Solicitor;
THAT The Chief Administrative Officer and/or General Manager, Development
Services Department areauthorized to execute any and all required
documentation on behalf of the Corporation of the City of Kitchener as required
by the OMCC for 2018; said documentation subject to the satisfaction of the City
Solicitor;
THAT the Corporation of the City of Kitchener commits to providing funding
equivalent in 2018 to twenty percent of 2018 funding provided to the Corporation
of the City of Kitchener under the OMCC;
THAT the Corporation of the City of Kitchener commits to implementing projects
and spending OMCC 2018 funding in accordance with all provisions specified in
the Agreement;
THAT the Corporation of the City of Kitchener commits to spending OMCC 2018 -
funding only on the following approved projects:
*** This information is available in accessible formats upon request. ***
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6 - 1
Strasburg Road between Bleams Road and Huron Road;
Stirling Avenue between Mausser Avenue and Russell Street;
Bedford Road between Sydney Street and Courtland Avenue;
Outdoor Bike Parking; and further,
THAT the Corporation of the City of Kitchener commits that it will obtain all
required approvals have been obtained for each project prior to use of OMCC
funding.
BACKGROUND:
On May 29, 2017 the Province of Ontario launched the Ontario Municipal Commuter
Cycling Program. The program is a four year, cost-shared, direct funding program for
infrastructure projects, with the goal to support and develop commuter cycling. In
response to this announcement, staff reviewed the Cycling Master Plan for qualifying
projects. The timelines from program announcement to submission deadline were very
tight. Staff prepared report INS-17-051 requesting authority to finalize a project list and
submit the application. To allow staff to meet the August 17, 2017 deadline, Council
passed the following resolution at the June 26, 2017 meeting.
That the Mayor and Clerk be authorized to execute the 2017 Ontario Municipal
Commuter Cycling Program Application Declaration for Large -Medium Municipalities,
subject to the satisfaction of the City Solicitor; and further, That the Chief Administrative
Officer or the Infrastructure Services Department Head be delegated authority to finalize
the 2017 Project List through consultation with the City of Kitchener Cycling and Trails
Advisory Committee."
With participation in the Ontario Municipal Commuter Cycling Program
authorized by the above-noted June 26, 2017 resolution of Council and in keeping
with By-law 2009-136, whereby execution of Funding Agreements by the Chief
Administrative Officer is authorized, the Chief Administrative Officer has
executed this Agreement. This will ensure that the agreement is submitted this
week to meet the Province’s deadline, but in advance of this report which
contains the ministry’s required consolidated resolution. A copy of the
recommendation set out above must be submitted to the Province to satisfy their
requirements.
REPORT:
City of Kitchener Council and staff have been notified that cycling projects have been
approved via an email on Monday December 4, 2017.
The City of Kitchener is required to cover 20% ($173,018.24) of the funding received
by the Ministry of Transportation for the Province of Ontario, who will cover 80%
($865,091.12) of the capital costs associated with commuter cycling projects. The
City’s contribution is funded through the approved 2018 cycling capital budget.
6 - 2
The projects planning and design phase is to begin in 2018, with construction and
completion by December 2018.
The approval for OMCC funding is conditional upon an Agreement being signed by the
City and by Her Majesty the Queen in right of Ontario as represented by the Minister of
Transportation for the Province of Ontario (MTO)
The Agreement outlines the contracting details, claims information and communication
opportunities for the funded project. The MTO is not responsible for reimbursing any
project expenditures if an Agreement is not duly executed.
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.
Strategic Priority: Sustainable Environment & Infrastructure
Strategy: 4.4 - Develop a network of safe, comfortable and linked pedestrian and cycling
facilities and improve year-round maintenance on priority routes
Strategic Action: SE13 Implement the Cycling Master Plan
FINANCIAL IMPLICATIONS:
Under a program such as the OMCC, the City of Kitchener is able to leverage City
funding to do more work than if the City were required to completely fund the project
on its own. The City received approval for up to $865,091.12 of funding through the
program and the City’s required matching contribution of up to $173,018.24 is funded
through the approved 2018 cycling capital budget.
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: (OPTIONAL HEADING)
Previous reports:
INS-17-0512017 Ontario Municipal Commuter Cycling Program Application
Declaration (June 26, 2017)
ACKNOWLEDGED BY: Justin Readman, Interim Executive Director,
Infrastructure Services
6 - 3
REPORT TO: Council
DATE OF MEETING: February 26, 2018
SUBMITTED BY: Ken Carmichael, Interim Director of Transportation Services,
519-741-2200, ext. 7372
PREPARED BY: Danny Pimentel, Active Transportation Planning Project
Manager, 519-741-2200, ext. 7371
WARD(S) INVOLVED: All wards
DATEOF REPORT: February 1, 2018
REPORT NO.: INS-18-013
SUBJECT:Community CarShare (The People’s Car Co-operative
Incorporated)
___________________________________________________________________________
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute the necessary agreements
with Communauto/VRTUCAR for community car sharing services including;
a new parking location agreement and;
the assignment of Community CarShare’s outstanding line of credit debt to
Communauto/VIRTUCAR,
subject to the satisfaction of the City Solicitor.
BACKGROUND:
Community CarShare was established in 1998 as Ontario’s first carsharing
organization. Community CarShare provides access to shared vehicles on demand that
ultimately enables its membership to choose to forgo vehicle ownership and instead
support more sustainable modes of transportation. Community CarShare has
traditionally been a not-for-profit car sharing co-operative with community based
operations in Kitchener, Waterloo, Hamilton, Elmira, Guelph and London.
The City of Kitchener currently has a corporate membership with Community CarShare.
Furthermore, 33 employees are currently registered to access car share vehicles for
City of Kitchener business use.
The City of Kitchener currently provides parking spaces within municipal parking lots
and at select municipal facilities to Community CarShare free of charge as part of a
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
7 - 1
parking location agreement that was negotiated between both parties. The following is a
list of City facilities that provide dedicated Community CarShare parking spaces:
200 King Street West (City Hall) - 3 spaces
131 Goodrich Drive (KOF) - Quantum Station
400 East Avenue (The Aud) - Quantum Station
72 Wilson Avenue (Kingsdale Community Centre) - Quantum Station
150 Pioneer Drive (Doon Pioneer Park Community Centre)
100 Rittenhouse Road (Country Hills Community Centre)
222 Chandler Drive (Chandler Mowat Community Centre)
1700 Queens Boulevard (Forest Heights Community Centre)
10 Chopin Drive (Victoria Hills Community Centre)
216 Mill Street (Mill Courtland Community Centre)
1405 King Street East (Rockway Community Centre)
600 Heritage Drive (Lyle Hallman Pool)
350 Margaret Avenue (Breithaupt Centre)
15 Charles Street West - Lot 22 (Transit Terminal)*
*This space was dedicated outside of the current legal agreement and therefore
Community CarShare has been paying monthly parking fees associated with this space
since 2003.
Throughout the years, Community CarShare has not been able to break even and has
determined that their not-for-profit business model is unsustainable. As a result,
members of Community CarShare voted on November 22, 2017, to dissolve the
cooperative and sell all assets to Communauto/VRTUCAR. Communauto/VRTUCAR is
a “for profit” car sharing company that operates under a very different and successful
business model; currently in operation in Montreal, Quebec City, Sherbrooke, Gatineau,
Ottawa, Kingston, Halifax, and Paris, France. Communauto/VRTUCAR intends to
provide a similar service as Community CarShare, albeit with a different pricing model.
As a result of the sale of Community CarShare to Communauto/VRTUCAR, the existing
parking location agreement is no longer valid and a new agreement is required for the
continuation of car share operation in Kitchener. This new agreement will require that
Communauto/VRTUCAR pay fair market prices for all existing parking spaces currently
occupied by Community CarShare. It is worth noting that Community CarShare was
only granted exclusive use of these parking spaces at no cost as a result of their not-for-
profit status.
It should be noted that the City of Kitchener also has an existing car share parking
agreement in place with General Motors of Canada Company (GM). Through report No.
INS-16-097, GM was granted the exclusive use of one parking space at 28 Water Street
South (Lot 3) and agreed to pay 100% of the parking user fee rate and all related
signage costs.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
7 - 2
REPORT:
Community CarShare has been in operation within the City of Kitchener since 1998, but
it wasn’t until 2002 that they approached the City for financial assistance to continue
their operation. At that time, Council granted Community CarShare (then known as
Grand River CarShare) a line of credit in the amount of $ 30,000. Details of the line of
credit approved at that time are as follows:
An interest rate of 10%
Full payment required by April 30, 2009.
It is worth noting that Community CarShare also partnered with and retained lines of
credit from the City of Waterloo and the Region of Waterloo. The expectation was that
with financial assistance provided by all parties to Community CarShare that they would
operate under a self-sustaining business within three years.
In March 2009, Council agreed to extend the repayment clause on Community
CarShare’s Line of Credit to April 30, 2014. The City of Waterloo and the Region of
Waterloo also entered into similar financial arrangements.
In April 2014, Community CarShare requested that the existing line of credit increase to
$50,000 and that full payment requirement be extended to April 30, 2019.Through
consideration of staff report, FCS-14-053 - CarShare Line of Credit, Council made the
following motion:
That the credit limit be maintained at$ 30, 000;
That the term of the line of credit be for five years (expires April 30, 2019);
That the interest rate on the Line of Credit be set at the average interest rate of
the City's long term investment portfolio to be adjusted yearly;
That CarShare provide yearly audited statements to the City.
Community CarShare and VRTUCAR
In 2017, Community CarShare was approached by Communauto/VRTUCAR with a
letter of intent to purchase the cooperative. Because Community CarShare recognizes
that they cannot continue to fiscally operate under their current “not-for-profit” model,
they have agreed to negotiate terms and sell their operation to Communauto/VRTUCAR
accordingly.
As a result of their continued negotiation, Community CarShare has asked that the
Cities of Kitchener, Cambridge, Waterloo and the Region of Waterloo provide a letter of
intent (Appendix A) to Community CarShare stating they will enter into an agreement
with Communauot/VRTUCAR that would renew/extend the existing line of credit and
parking agreements.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
7 - 3
Carshare has regional active transportation benefits and therefore ensuring its
preservation within the Region warrants consideration. It is recommended that staff
begin negotiations with Communauto/VRTUCAR. These negotiations will include:
That the outstanding line of credit balance be reconciled and paid in full by the
original April 30, 2019 deadline.
That fair market value is determined for all dedicated parking spaces within
municipal lots and facilities.
That Communauto/VRTUCAR agree to pay the identified market value (by way
of monthly parking payment)
Should the City Kitchener and Communauto/VRTUCAR fail to come to an agreement
based on the above, then all car share spaces currently dedicated for the exclusive use
of Community CarShare will be removed.
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 purchase of Community CarShare by Communauto/VRTUCAR should result in
increased parking revenue. This revenue will be identified through the negotiation
process. Additionally, it is anticipated that the $30,000 line of credit will be repaid by
April 30, 2019.
COMMUNITY ENGAGEMENT:
City staff have met with representatives from Community CarShare, as well as
representatives from Cambridge, Waterloo and the Region of Waterloo.
INFORM – This report has been posted to the City’s website with the agenda in
advance of the council / committee meeting.
ACKNOWLEDGED BY: Justin Readman, Interim Executive Director
Infrastructure Services Department
Attached:
Appendix A – City of Kitchener - Letter from Communauto/Vrtucar
*** This information is available in accessible formats upon request. ***
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7 - 4
Appendix A - City of Kitchener - Letter from Communauto/Vrtucar
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
7 - 5
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
7 - 6
Council
REPORT TO:
DATE OF MEETING: February 26, 2018
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
WARD(S) INVOLVED: City Wide
DATE OF REPORT: February 21, 2018
REPORT NO.: CSD-18-049
SUBJECT: Development Charges Rebate Program
______________________________________________________________________
RECOMMENDATION:
That the City of Kitchener participate in the Development Charges Rebate
Program offered through the Province of Ontario’s Fair Housing Plan (2017); and
That the City of Kitchener designate the Housing Service Manager at the Region
of Waterloo as program administrator for the City of Kitchener; and further
That the City of Kitchener authorizethe Housing Service Manager at the Region of
Waterloo to submit an expression of Interest to the Ministry of Housing on behalf
of the City of Kitchener.
BACKGROUND:
On December 20, 2017 the Province of Ontario invited several municipalities to submit
Expressions of Interest to participate in the Development Charges Rebate Program.
This is a new program and the purpose is to increase the supply of purpose-built market
rental housing. Under the program, eligible market rental housing development would
receive a rebate of development charges collected by municipalities. The program
would be administered by municipalities. Kitchener is one of 84 eligible municipalities.
The list of candidate municipalities would appear to include all or most of the
municipalities in the Greater Golden Horseshoe and several others.
The timelines are very tight. Municipalities intending to submit an Expression of Interest
(EOI) were required to submit a preliminary submission by February 16, 2018, and
completed submissions must be received by 1:00 pm on March 2, 2018.Submission
requirements are quite demanding, require key strategic decisions and the pool of
funding is limited relative to the anticipated demand.The purpose of this report is to
authorize participation in the program.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
8 - 1
REPORT:
Program Overview
Key program details that Council should be aware of are summarized as follows:
•The program has a one-stage selection process.
•Up to $125 million over five years is available to municipalities, starting with $25
million in 2018-2019
•Funding is not guaranteed to all municipalities who make a submission
•Notional allocations will be announced in spring 2018
•Housing Service Managers (in our case the Region of Waterloo) can administer the
program on behalf of a municipality
•Rebates can apply to all eligible development charges, including those of the Region
and the school board
•Program administration would include numerous activities that include entering into
a Transfer Payment Agreement (TPA) with the Ministry of Housing, entering into
agreements with participating developers, and flowing funds to eligible recipients.
It is further noted that EOI submissions are required to include a lot on information
regarding local housing market conditions, supportive planning and housing policies and
how the program would be administered. Municipalities making submissions are also
required to demonstrate that they have the capacity to administer the program and that
they have measures in place to ensure that funded units do not get converted to
ownership housing or get rented above theagreed upon rates for a minimum of 20
years. This would appear to be an important consideration in the evaluation of
submissions.
The program does allow for some variation as to how the program is to be delivered by
the different municipalities. EOI submissions need to specify how a municipality
proposes to operate the program within the parameters set out by the Province.
Decisions on many variables need to be decided including the following:
•If the Region should administer the Program on our behalf
•Should Kitchener set a maximum threshold that is lower than maximum allowable
Average Market Rate (AMR) of 175%?
•Whether Kitchener is proposing full or partial rebates
•Whether the program should apply city wide or only in specific geographic areas.
Action Taken to Date and Next Steps
In order to take advantage of this program is was necessary to initiate the process in
advance of this report. A preliminary submission was filed prior to the February 16
deadline in order to maintain eligibility.
Given the substantial administrative requirements and the burden to demonstrate
“capacity” as part of EOI submissions, staff concluded that municipalities need to have
dedicated staff in order for this program to be feasible. Assistance from the Region of
Waterloo Housing Services was sought and the Region has since agreed to administer
8 - 2
the program on Kitchener’s behalf. The other participating area municipalities in this
Region reached the same conclusion and are taking the same approach.
Should Council agree to participate in the program, Planning staff would continue to
work with Regional staff to finalize the submission. A resolution from Kitchener City
Council to authorize participation in the program and to designate the Region of
Waterloo to administer the program on the City’s behalf is required as part of the
submission that is due March 2, 2018. A similar resolution is not required from Regional
Council; however Regional staff will be asking Regional Council to authorize the work.
Although staff are still collecting and analyzing information in order to finalize the
submission, it is proposed that Kitchener’s program operate as follows:
The Housing Service Manager at the Region of Waterloo would administer the
program on Kitchener’s behalf; and
The program would establish a threshold Average Market Rate (AMR) maximum of
125% ; and
The program would provide full development charges rebates (100% of City, Region
and educational development charges); and
The program would apply city wide.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This initiative supports several community priorities, especially priority 3.4 of Kitchener’s
Strategic Plan which is excerpted below:
Facilitate and promote housing developments that provide options for a diversity
of lifestyles and household types.
FINANCIAL IMPLICATIONS:
There are no capital costs and no new operating costs associated with this initiative as
presented. The City of Kitchener would have incurred new operating expenses if it had
decided to administer the program.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in
advance of the Council meeting.
CONSULT – Staff from the Ministry of Housing, the Region of Waterloo and four other
area municipalities were consulted in order to develop a better understanding of the
program and to compare approaches.
COLLABORATE – City staff have collaborated with Region of Waterloo staff to prepare
Kitchener’s initial submission. Should Council agree to participate in the program, this
collaborative effort would continue.
8 - 3
ENTRUST – Region of Waterloo staff have been entrusted to file a submission on
Kitchener’s behalf.
CONCLUSION:
Although the submission requirements are very demanding, this program offers the
opportunity to increase the amount of rental housing in the City of Kitchener which
supports the objective of providing a full range of housing options. The City of Kitchener
would collaborate with the Region of Waterloo who would administer the program on the
City’s behalf. This is an efficient use of public resources as the Region is equipped to
administer such a program in a way that is much more cost effective than if done by an
individual area municipality.
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
8 - 4
REPORT TO: City Council
DATE OF MEETING: February 26, 2018
SUBMITTED BY: Josh Joseph, Supervisor of the Neighbourhood Development
Office 519 7412200 X 7082
PREPARED BY: Agnes Das, Neighbourhood Liaison 519 7412200 X 5078
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 5, 2018
REPORT NO.: CSD-18-045
SUBJECT: Victoria Park Neighbourhood Action Plan
___________________________________________________________________
RECOMMENDATION:
For Information
BACKGROUND:
In 2015, a project team of resident volunteers and staff was established to guide the
development of the -ever Neighbourhood Strategy. Recognizing the
importance of community engagement, project team membership included residents,
Neighbourhood Association representatives and several community partners to guide
the development of the #lovemyhood. In February
Neighbourhoods was endorsed by City Council. This document outlines 18 specific
actions in three main areas: great places, connected people, and working together.
Ac
Neighbourhood Action Plans (NAP):
resident-led, City-supported Neighbourhood Action Plans. These plans will
help you develop a clear vision for your neighbourhood, identify specific
actions to achieve that vision, and have widespread support from the
neighbourhood. Starting with a pilot in two to four neighbourhoods in 2017-
2018, the program will be available city-wide in 2019.
To support the creation of NAPs, the Neighbourhood Strategy project team created a
comprehensive guide and toolkit for residents to use in the future which was based on
extensive research of how similar plans are created in other municipalities. The
*** This information is available in accessible formats upon request. ***
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9 - 1
following information has been pulled from the NAP guide to provide some basic
What is a NAP:
A NAP is a written document that identifies the priorities for a stronger
neighbourhood that is more safe, accessible, connected, inclusive, diverse and
engaged. Residents define their neighbourhood boundaries and create their own
plans that represent the many diverse voices of their neighbourhood. The plans are
action-oriented, resident-led and supported by City staff. The plans lay out a clear
vision for the future of a neighbourhood and identify meaningful and measureable
goals and objectives with action items that have widespread neighbourhood support
and can reasonably be implemented within a 5 year timeframe. The plans also
identify who will be responsible for each action item. Action items may be partially, or
fully, funded by the City through programs such as the Neighbourhood Matching
Grant and the Placemaking Challenge. Other funding bodies and sources may also
support the actions.
Who can create a NAP?
Any group of residents. Virtually anyone, in collaboration with their neighbours, can
create a NAP
particular geographical boundaries or have expertise in this type of planning.
Why create a NAP?
Creating a NAPwill help residents connect and work together to shape the future of
a neighbourhood. Residents who contribute to the creation of a plan may experience
the following benefits:
Increased knowledge of their neighbourhood
Increased opportunities to connect and get to know their neighbours
Increased sense of belonging, including a sense of neighbourhood identity/pride
Increased opportunities for residents to be involved and engaged
Increased ability to create positive change by addressing neighbourhood issues
Stronger neighbourhood leadership
How do residents create a NAP?
The creation of a NAP is not a step-by-step process, and it does not require a one-
size-fits-all approach. The process currently being piloted by the City has been
designed to be as flexible as possible. Throughout the creation of a NAP, continuous
engagement of residents is required to provide input, review, revise, monitor, and
adjust the plan. Throughout each step of the process, residents are encouraged to:
Reach out to as many members of their neighbourhood as possible.
Involve everyone by making meetings and events accessibleand inclusive
Communicate clearly with the broader neighbourhood, using a variety of
methods, to reach diverse neighbourhood members.
Recruit new members for the Neighbourhood Action Teamto make the team
representative of the neighbourhood.
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REPORT:
The Victoria Park Neighbourhood Association (VPNA) is the first resident-led group to
create a NAP using the process, guide and toolkit created by the Neighbourhood
Strategy project team. The following outlines the process they undertook to create their
plan:
1.Identified assets in their neighbourhood such as it being walkable and rideable,
through the Iron Horse Trail, being close to Downtown Kitchener, to transit, and
restaurants. Also features a beautiful park, which has mature trees, wildlife, water,
gardens, gazebo,and a pavilion, brings in families,festivals(Multicultural Festival),
andprovidesopportunities for avarietyof uses.An additional asset is the rich
historyof the neighbourhood that boasts of the Schneider Haus Museum and
Gallery, and well-known local historians. Italso offers several social services through
organizations like OneRoof, Reception House, and older adultand child friendly
spaces.
2.Crafted a vision statement for their neighbourhood that reflectsthose assets:The
VPN is an inviting community that connects people through history,culture, and
nature
3.Organised assets into themes and mapped out corresponding actions they would
like to pursue, as identified in the table below:
Asset Categories*Actionsto Enhance Assets
Resident-led traffic calming through a painted
Walkable / Connected
crosswalk on West Aveto provide safer access
Food forest enhancement, including partnering
Park/Nature
with City on urban forestry initiative
History
Story boards, neighbourhoodprofilebooklet
Seating and benches, community art, wall
Social/Cultural
mural on entry wall to trail (Henry Sturm
Greenway),community information boards
*As these projects are further explored, the resident group will actively work with City staff to ensure
compliance with applicable City policies and regulations, including for example the Victoria Park Area
Heritage Conservation District Plan.
4.Informed, consulted and collaborated with their neighbours throughout the
development of the action plan by:
a. social media,
b. face-to-face conversations,
c. newsletters/flyers to 1,085 households,
d. mail outs and visits to partners, businesses, and organizations in the area
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e.a street party to further engage the community
f.providing opportunities to vote on priorities online, in person, and drop off
at the community centre (ballots were hand-delivered to 1,085
households)
g.voting ballots and story boards displayed pictures to facilitate
understanding, making it as accessible and inclusive as possible (across
ages, and abilities)
h.The NAP team has
document for current residents and newcomers to access, and take pride
in knowing their n
belonging.
5.Applied for City of Kitchener grants like the Placemaking Challenge grant, and the
Neighbourhood Matching Funds grant.
6.Established timelines and work plan for Neighbourhood Action Plan implementation.
7.Implementation of action, apainted crosswalk, is anticipated
for spring / summer 2018, pending grant approval and funding.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority: Safe & Thriving Neighbourhoods
Strategy: 3.1 Give citizens the tools and opportunities to play an active leadership role
in creating great neighbourhoods and fostering a stronger sense of community
belonging.
Strategic Action: #NB1 Neighbourhood Strategy
FINANCIAL IMPLICATIONS:
Funding for the creation of Neighbourhood Action Plans such as this one, is built into
the Neighbourhood Development reserve created by City Council in early 2017. This
particular plan cost approximately $1,000 to help to fund some minimal hospitality for
the planning team volunteers and to run the street party that was a main mechanism of
engaging the community and gathering input into the plan from neighbours.
Opportunities to apply for municipal funding to implement priorities identified in a NAP
include the Neighbourhood Matching Grant and Placemaking Challenge Grant.
COMMUNITY ENGAGEMENT:
The resident group undertook a robust community engagement process that included:
INFORM
Regular posts on social media
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Facebook, website
1,085 newsletters to households within VPNA boundaries
Face to face conversations with neighbours
Pictures of priorities posted / delivered (1085) to facilitate understanding for all
Story boards
Mailout/visits/
invitations to partners, businesses, schools, and organizations
CONSULT
Asset-mapping data collected at neighbourhood events, and through NAP team
discussions
Ballots to vote on priority actions (with pictures):
Delivered to 1,085 households
Posted on social media
Could vote online, return ballot to community centre, or bring to street party
Community-engagement street party at Henry Sturm Greenway, along Iron
Horse Trail, featured story boards, pictures , and activities that encouraged input
through conversation, drawing, voting, making it inclusive and accessible
COLLABORATE
Reached out to partners (listed below) to invite collaboration by providing input
into the process, providing volunteers, in kind donations or monetary donations
(to help with obtaining amatching funds grant), or running a booth at the street
party:
o Schneider Haus
o City Café
o OneROOF
o Reception House
o Downtown Community Centre
o REEP
o Victoria Park Working Group
o Harold Russell (long time VP resident and historian)
o rych mills (local historian)
o David/Schneider group/ Brock group
o Carmichael School
o Benjamin's Tree Farm
o Sobeys, FourAll Ice Cream
ENTRUST
Entrust the Victoria Park NAP team to take the lead, with continued City-staff
support throughout to navigate processes and facilitate access to resources
(toolkits, grants, implementation process).
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PREVIOUS CONSIDERATION OF THIS MATTER:
CSD-17-008Neighbourhood Strategy and Implementation Plan approved by City
Council on February 13, 2017.
CONCLUSION: (OPTIONAL HEADING)
The process of creating a Neighbourhood Action Plan is a positive and fruitful one. Key
learnings of the benefits of the Neighbourhood Action Plan:
It focusses the work and aspirations of the resident group
Captures the assets of the neighbourhood
Encourages intentional, ongoing community engagement
Provides a blueprint for future members,creating a positive base to work from
Facilitates more seamless succession planning; as new members come on they
have a point of reference, and a fluid document to adapt as needed, and move
forward with.
Results in concrete actions, creating a sense of accomplishment .Thus,
encourages a more sustainable outlook by keeping the momentum going.
Strengthens the characteristics we all aspire toward in neighbourhoods:
connectedness, leadership, safety, diversity, greater engagement, and inclusivity.
The Victoria Park Neighbourhood Association has embraced this process and continues
to excel at creating a safe, thriving and vibrant neighbourhood.
ACKNOWLEDGED BY: MICHAEL MAY, DCAO
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REPORTS TO BE CONSIDERED BY COUNCIL
FEBRUARY 26, 2018 CITY OF KITCHENER
FINANCE AND CORPORATE SERVICES COMMITTEE – FEBRUARY 5, 2018
1. That the 2018-2022 Accessibility Plan, as outlined in Community Services Department report
CSD-18-018, be approved as the Corporation of the City of Kitchener’s Accessibility Plan.
2. That for the fiscal year 2018, donations received by the City of Kitchener on behalf of City-
related organizations, namely Minor Sports Groups, Neighbourhood Associations, KW Golf
Committee, KW Chamber of Commerce Physicians Recruitment and Advocacy Group, and
Tier 1 and Tier 2 grant recipients, as outlined in Finance and Corporate Services Department
report FCS-18-007, be redistributed to those organizations as intended by the donor.
3. That an extension of the purchase order be issued to Clevest Solutions Inc. for the mobile
workforce management system in the amount of $221,055., plus H.S.T. of $28,737.15, for a
total of $249,792.15, as outlined in Infrastructure Services Department report INS-18-004.
4. That staff be directed to begin work on the proposed opportunities for Digital Kitchener in
2018, as outlined in Finance and Corporate Services Department report FCS-18-009.
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – FEBRUARY 5, 2018
1. That parking be prohibited at any time at specific locations along Fallowfield Drive including:
• West side of Fallowfield Drive from Britton Place to Brisbane;
• Both sides of Fallowfield Drive from Brisbane Drive to a point approximately 80 metres
south thereof;
• East side of Fallowfield Drive from a point approximately 396 metres south of Block
Line Road to approximately 28 metres south thereof;
• East side of Fallowfield Drive from a point approximately 515 metres south of Block
Line Road to approximately 26 metres south thereof; and further,
That the Uniform Traffic By-law be amended accordingly, as outlined in Infrastructure Services
Department report INS-18-002.
2. That Sumaira Tazeen Shiekh be appointed as the 2018 City of Kitchener Artist in Residence
as recommended by Public Art Working Group and Arts and Culture Advisory Committee; and
further,
That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City
Solicitor, with Sumaira Tazeen Shiekh, outlining the obligations of the Artist in Residence
appointment, as outlined in Chief Administrator’s Office report CAO-18-002.
3. That the Community Energy Investment Strategy for Waterloo Region dated January 10,
2018, attached to Community Services Department report CSD-18-004 as Appendix ‘A’, be
endorsed.
4. That Infrastructure Services Department report INS-18-001 be received for information
regarding 1664 Huron Road heritage house and associated estimated costing; and further,
That staff be directed to proceed with “Alternative 2 - Move Intact” of the heritage home for re-
use at the South Kitchener District Park.
5. That traffic calming reviews be initiated in 2018, as outlined in Infrastructure Services
Department report INS-18-003 for the following roadways:
• Patricia Avenue - between Victoria Street South and Highland Road West;
• Caryndale Drive - between Biehn Drive to the future extension of Robert Ferrie Drive;
and,
• Old Chicopee Drive - between Ottawa Street North and River Road East.