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HomeMy WebLinkAboutCouncil Agenda - 2018-12-17 COUNCIL AGENDA MONDAY, DECEMBER 17, 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 November 19, 2018 and special meetings held November 19, December 3 & 10, 2018) Councillor J. Gazzola. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE NIL 5. PRESENTATIONS a. Matt Farrell, Ontario Building Officials Association (OBOA) President and Chief Building Official for the Township of Huron-Kinloss; and Aubrey LeBlanc, OBOA Chief Administrative Officer to present the City of Kitchener the 2018 OBOA Andy Kidd Award. b. Kathryn Dever, Director of Strategy and Corporate Performance, to present the K-W Joint Services Initiative Committee 2018 update. port CAO-18-019 is attached. 6. DELEGATIONS NIL 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 2008-117 to add or delete areas of jurisdiction) d. To further amend By-law No. 2017-138, 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 Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement). 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, DECEMBER 17, 2018 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST __________________________________________________________________________________________ f. Being a by-law to exempt certain lots from Part Lot Control Part of Block 22, Registered Plan 58M-504 95 Pondcliffe Drive and 87 Doon Creek Street. (To add a lot line previously approved in Part Lot Control By-law No. 2017-087 for 2 single detached dwellings) g. Being a by-law to exempt certain lots from Part Lot Control Part of Block 116, Registered Plan 58M-474 1331 Countrystone Drive. (To create 6 residential lots with rear yard access easements (street townhouse dwellings) and 2 lots for future development) h. To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE Chair, Councillor J. Gazzola. 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. 2017-138, 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 Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement). f. Being a by-law to exempt certain lots from Part Lot Control Part of Block 22, Registered Plan 58M-504 95 Pondcliffe Drive and 87 Doon Creek Street. g. Being a by-law to exempt certain lots from Part Lot Control Part of Block 116, Registered Plan 58M-474 1331 Countrystone Drive. h. To confirm all actions and proceedings of the Council. REPORT TO:Council DATE OF MEETING:December 17, 2018 SUBMITTED BY:Kathryn Dever,Director Strategy & Corporate Performance, 519-741-2200 ext. 7370 PREPARED BY:Kathryn Dever, Director Strategy & Corporate Performance, 519-741-2200 ext. 7370 WARD (S) INVOLVED:All Ward(s) DATE OF REPORT:October 25, 2018 REPORT NO.:CAO-18-019 SUBJECT:K-W Joint Services Initiative Committee 2018 Update __________________________________________________________________________________________ RECOMMENDATION: Forinformation. BACKGROUND: The cities of Kitchener and Waterloo have an established history of undertaking cooperative initiatives on an ad hoc basis. A formalized approach to joint initiatives was put in place and named the Kitchener-Waterloo Joint Services Initiatives Committee (JSIC) in 2006. Since then the two cities have worked closely to identify common servicesand look at ways to streamline them to benefit residents in both cities; maximize the effectiveness and efficiency of resources and service delivery; identify and complete strategic joint initiatives; and learn from best practices. An annual program of joint projects are identified which align to three basic principles: Accessibility: Each service and program must be citizen-focused; residents in both cities must be able to understand the purpose of the project -and the benefits provided. Accountability: Each project must represent the needs of both communities and clearly identify areas of responsibility. Affordability: Each project must maximize cost efficiencies where possible, without sacrificing the benefits to residents. This report providesCouncil with an update on recent and upcoming initiatives. REPORT: Annual initiatives are identified in June of each year, to span through to the following June. Input is sought from both municipalities on project opportunities, which are scoped with preliminary activities for the 12-month period. Opportunities are reviewed and discussed at the annual meeting of the JSIC,which is made up of the CAOs and senior leadership teams for each city. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 5.b. - 1 The JSIC considers the following criteria in setting the priority joint initiatives for the upcoming year: Enhances the ability of either city to deliver or develop a service or program outside of its resources, Creates service-level improvements, while either maintaining costs or producing future savings opportunities, Provides operational and/or capital opportunities, and/or Features best practices of both organizations. 2017-2018Joint ServicesInitiative Highlights Sanitary Sewer Rebate Program:The goal of this initiative was to collaborate on reforming sanitary sewer rebate programs in both municipalities, and work towardconsistent practices regarding eligibility criteria, methods for verifying rebatesvolumes, and potentially reduce operational support to monitor programs for each City. Coordinated changes to new programs to ensure consistency, harmonized the rebate programs, and agreed on a consistent 2019 start date to avoid disruption during 2018. Consistently communicated the new program to internal staff and external customers of both cities. Planned feedback review and process debrief for late 2018 to identify lessons learned. Stormwater Management Design and Operations:This initiative looked at opportunities to sustain our collective leadership role in this ever-evolving industry, through collaboratingon stormwater issues,particularly around flood risk mitigation, climate change adaptation, communication, emergency preparedness and contract services. Information sharing is occurring and established regular quarterly meetings will be moving forward. Communication and education strategieshave been discussed, mostly related to the SWM credit program. Key areas of interest for coordination have been established, including Stormwater Master Planimplementation,disaster mitigation, Low Impact Designcontrols for site. plan developmentand for municipal properties/activities, credit programs, and customer communication strategies. Election Equipment/Services:In preparation for the 2018municipal election,collaborate to achieve cost-effective procurement on election equipmentand services,including laptops, printing, and voter notification cards(any electionequipment/services already contracted such as tabulatorswere excluded). Secured laptops, scanners and LTE(high speed wireless) through Voting Technology Sharing Program,realizing a savings of approximately $10,000 for that equipment. Arranged rental of tabulators through Elections Ontario, resulting in a savings of approximately $7,200 rather than renting direct from the vendor (Dominion). 5.b. - 2 Assessment Management:This initiative focused on identifying methods toreview and inspect vacancy applications,and seek ways to improve the flow of information from Municipal Property Assessment Corporation (MPAC)to ensureproperty assessments are accurate and fairly captured in ourgrowing communities. It was determined there was sufficientassessment-related work inKitchener to require dedicated positions;2positions have been established. Waterloo has contracted with an external company to assist with assessment management, including access to specialized software andto represent their interests at Assessment Review Boardhearings. Both municipalities willdiscussandshare practices on an ongoing basis, and propose formal shared assessment management initiatives in the future should an opportunity arise. 2018-2019Joint Services InitiativesUnderway Speed Limit Review:BothCities, along with other regional partners are undertaking a review of the uniform speed limit of 50km/hour. This review willevaluate benefitand feasibility of reducing the uniform speed limitto 40km/hourin an effort to enhance roadway safety. Investigation of New Stormwater Grant Program Private Stormwater Enhancement: Investigate the potential for a new stormwater grant for private property owners. The potential grant would enable private property owners to enhance stormwater management on their properties, reducingrunoff to municipal systems. Joint :This program provides a $40 grant to homeowners toward their purchase ofa naturalization kit for a landscaped area, with the goal of reducing stormwater runoff to municipal systems. Along with the potential grant management, dating back to the 2011 creation of our respective utilities. Inclusionary Zoning Affordable Housing:Assess the impact of Provincial legislation requiring the inclusion of affordable housing units in new residential development projects, and the option for municipalities to implement such zoning. The assessment will include exploringopportunities to combine resources to conduct a study and implement Inclusionary Zoning, sincebased on enactedlegislation, significant staff capacity isrequired to generate dataand prepareamunicipal assessment report as a precursor to implementing Inclusionary Zoning. Pending possible changes to the legislation, long-term resource/cost sharing may be required to develop, implement and report on new zoning provisions. Corporate Fleet Training & Best Practice Information Sharing:was awarded the top mid-sized fleet in North America by the 2018 Government Fleet Expo. Sharing best practices between the two cities will be done with the goal to ensure consistencyin corporate fleet training programs,includi 5.b. - 3 Sidewalk and Road Inspection Programs:Develop a shared program for annual inspections programs for sidewalks and road right-of-ways. Based on changes to maintenance standards, the need for enhanced inspectionprograms is increasing above the current pavement condition inspection program conducted every other year. More frequent inspections will identify condition issues sooner, establish resource requirements to address, and minimize risks. :There is a growing desire by residents for real-time access to information including knowing where the plows are and when their street will be plowed. This initiative will explore the cost and risks to implement a Wh My Plow app and investigate the opportunity to leverage the Digital Kitchener Innovation Lab/ Opportunities for Broader Collaboration Recognizing the merits of broader collaborationthe JSIC is committed to including other area municipalities as project partners, where applicable. While the work of the JSIC focuses --Waterloo initiatives (initiatives within the jurisdiction for lower tier municipalities), there is also- lower tier and upper tier jurisdiction. The JSIC has identified that the most appropriate channel to pursue these opportunities is in collaboration withthe areas CAOs, who discuss region-wide opportunitiesas part of their regular meetings. Recent examplesof local-regional initiativesinclude: Smart Cities Phase 1 Expression of Interest:Earlier this year, the Region and local municipalities submitted a Phase 1 Expression of Interestto Infrastructure Canada Cities Challenge, which encourages new technology or data opportunities can improve local quality of life. With a combined population of over 500,000 Waterloo Region was eligible to compete for a $50 millionprize; our submission focused onhealthy children and youth was successful.Identifying a solution(s) to this challenge statement will be the focus of the phase 2 applicationlater in 2018/early 2019. WREPNet Network Upgrade: The Waterloo Region Education and Public Network(WREPNet) is a long-standing partnership providing a shared high-speed fibre optic network to local municipalities, the Region of Waterloo, school boards, public libraries, Conestoga Collegeand other local organizations. Over the summer, equipment supporting this valued network was upgraded with minimal impact to users. This upgrade positionsthe partnership to continue to enjoy reliable, fast and affordable network connectivity into the next decade. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. 5.b. - 4 FINANCIAL IMPLICATIONS: None. COMMUNITY ENGAGEMENT: INFORM website with the agenda in advance of the council / committee meeting. Both Cities maintain current information about active shared service initiatives and upcoming joint projects at: www.kitchener.ca/jointservicesand www.waterloo.ca/jointservices ACKNOWLEDGED BY: Dan Chapman, Chief Administrative Officer 5.b. - 5 COMMITTEE OF THE WHOLE AGENDA MONDAY, DECEMBER 17, 2018 CHAIR COUNCILLOR J. GAZZOLA 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 None. 2. COR-18-020 Dangerous Dog Designation Appeal - Nadarajah Attached is Corporate Services Department report COR-18-020 (J. Rodrigues), dated December 17, 2018. That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Nishanthan Nadarajah, wherein the Committee affirms the Dog Designation and modifies the conditions for the keeping of said dog, be ratified and confirmed. 3. COR-18-019 Fence Variance 626 Blair Creek Drive; Sign Variances 396 Victoria Street North; 321 Fischer Hallman Road; 371 Franklin Street North Attached is Corporate Services Department report COR-18-019 (D. Saunderson), dated December 13, 2018. That the application of RAMANDEEP and AMANDEEP BRAR (FN 2018-003 - 626 Blair Creek Drive) requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the property line abutting Mistywood Street rather than the required setback of 1.5m, on Lot 8, Registered Plan 58M-558, 626 Blair Creek Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the site lot line abutting Gravel Ridge Trail. All landscaping shall be completed by December 1, 2019 and shall be maintained in accordance with the approved landscape plan. - and - That the application of 2427100 ONTARIO INC. (SG 2018-013 - 396 Victoria Street North) requesting permission to legalize a ground-supported sign having automatic changing copy located 24.5m from a Residential Zone rather than the required 100m, on Part Lot 245, Plan 374, 396 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division for the addition of the automatic changing copy. 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between 11 pm and 6 am. 3. That the above noted conditions be fulfilled no later than January 1, 2019. Any request for an extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. 4. That approval of sign variance SG 2018-013 shall be in accordance with the plans submitted with the application. - and - 2 COMMITTEE OF THE WHOLE DECEMBER 17, 2018 B. ADMINISTRATIVE REPORTS - CONT'D -014 - 321 Fischer Hallman Road) requesting permission to replace an existing ground-supported sign with another ground-supported sign having automatic changing copy located 11m from a residential zone rather than the required setback of 100m; to be located 15m from another ground-supported sign on the subject property rather than the required 50m distance separation; and, to have a sign area of 3.23 sq.m. rather than the permitted maximum sign area of 3 sq.m., on Part Lot 2, Plan 1019, 321 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By- law. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11:00 pm and 6:00 am. 4. That the above noted Conditions 1 to 3 be fulfilled no later than April 1, 2019. 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 the decision. 5. The established portable sign location will be removed from our system and no longer available for use. Failure to fulfill these conditions will result in this approval becoming null and void. 6. That approval of sign variance application SG 2018-014 is as per the plans submitted with the subject application. - and - That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2018- 015 - 371 Franklin Street North) requesting permission to legalize a ground-supported sign having automatic changing copy located 23.3m from a residential zone rather than the required setback of 100m, on Block C, Plan 1152, 371 Franklin Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By- law. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11:00 pm and 6:00 am. 4. That the above noted Conditions 1 to 3 be fulfilled no later than April 1, 2019. 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 the decision. Failure to fulfill these conditions will result in this approval becoming null and void. 5. That approval of sign variance application SG 2018-015 is as per the plans submitted with the subject application. 3 COMMITTEE OF THE WHOLE DECEMBER 17, 2018 B. ADMINISTRATIVE REPORTS - CONT'D 4. DSD-18-193 Accelerated Grant Payments for the Museum Attached is Development Services Department report DSD-18-193 (C. Bluhm), dated December 13, 2018. That the 2019 grant payments for THEMUSEUM be approved through Report DSD-18- 193, in advance of Council budget approval. C. FOR INFORMATION 5. FIN-18-035 Summary of Bid Solicitations Approved by the Director of Supply Services or Designate (July 1, 2018 September 30, 2018) Attached is Financial Services department report FIN-18-035 (M. Fisher), dated August 15, 2018. 6. FIN-18-044 Summary of Tenders Approved by the Chief Administrative Officer Attached is Financial Services department report FIN-18-044 (M. Fisher), dated December 5, 2018. 7. COR-18-021 Appointments to Kitchener Housing and Centre in the Square Attached is Corporate Services department report COR-18-021 (C. Tarling), dated December 12, 2018. Rise and Report REPORT TO:Committee of the Whole DATE OF MEETING:November 19, 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:December 17, 2018 REPORT NO.:COR-18-020 SUBJECT:Dangerous Dog Designation Appeal Nadarajah (Razor) ___________________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Nishanthan Nadarajah, wherein the Committee affirms the Dog Designation and modifies the conditions for the keeping of said dog, be ratified and confirmed. BACKGROUND: On July 19, 2018the Animal Welfare Agency South Central OntarioRazor owned by Mr. Nishanthan Nadarajah,as a Dangerous Dog. The designation was appliedafter determining that onJuly 5, 2018Razoraperson 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 July 23, 2018the Office of the City Clerk subsequently received correspondence from Mr. Nishanthan Nadarajah appealing the Dangerous Dog Designation; and aNotice of Hearing was issued to the Respondentand Appellant(the Animal Welfare Agency South Central Ontario), advising on November 19, 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 onNovember 19,2018to consider an appeal filed with the City by Mr. Nishanthan Nadarajah. On that date, the Dog Designation Appeal Committee considered the evidence related to an incident resulting in the Dangerous Dthe testimony presented on behalf of the Respondent by Hayley Francis, Animal Protection Officer for the Animal Welfare Agency South Central Ontario; as well as the testimony and evidence presented by Mr. Nishanthan Nadarajah, Appellant; the Committee confirmed the designation of Dangerous Dog: ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 2 - 1 a)The owner shall ensure that all conditions pertaining to the dog when it is off the property of the owner including anyleashing requirements are complied with in any City Off-Leash Park unless specified otherwise in the 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; 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 ofthis 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 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 a 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; b.In an outdoor pen that is both secured and provides humane shelter to the satisfaction of the animal services provider; c.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 into the area; or d.When outside of the dwelling and approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by theanimal services provider; and, where the dog is required to wear a muzzle off its property by this designation shall also be leashed and muzzled when exiting the front door; k)The owner shall ensure that the designated dog is kept caged or otherwise penned, in a locked room not accessible to children or through inadvertence, or under the control of an occupant of the dwelling who is at least 14 years of age when any 2 - 2 l)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 1.8 metres (6 feet) in length and to be approved by the animal services provider, at all times when the d caged or otherwise penned or confined to the satisfaction of the animal services m)That the owner shall complete any required assessments/training deemed necessary bythe animal services provider, and if requested by the animal services provider the owner shall within 30 days of that request, have the designated dog sterilized and shall provide proof satisfactory to the animal services provider that such procedure has been performed. n)That the owner shall ensure that the warning sign or signs provided by the animal person would normally approach and at any other place on the property as directed by the animal services provider. The warning sign or signs shall be displayed until after the required assessments/training deemed necessary by the animal services provider has been complete, at which time the animal services provider will advise on whether the warning sign(s) are still required. 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 to request that person to post a sign or signs. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the 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 November 19, 2018Hearingwere advised of the it would be considered at the December 17, 2018Council meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents via registered mail on November 21, 2018; thereby,further notifying both parties of when the delegation. ACKNOWLEDGED BY: Victoria Raab,General Manager, Corporate Services 2 - 3 REPORT TO:Committee of the Whole DATE OF MEETING:December 17, 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:2, 4, 7 & 10 DATE OF REPORT:December 13, 2018 REPORT NO.:COR-18-019 SUBJECT:FenceVariance -626 Blair Creek Drive; Sign Variances-396 Victoria Street North;321 Fischer Hallman Road; and, 371 Franklin Street North RECOMMENDATIONS: That the application of RAMANDEEP and AMANDEEP BRAR (FN 2018-003 -626 Blair Creek Drive) requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the property line abutting Mistywood Street rather than the required setback of 1.5m, on Lot 8, Registered Plan 58M-558, 626 Blair Creek Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. Planning. The landscape plan shall show landscaping to be installed between the fence and the site lot line abutting Gravel Ridge Trail. All landscaping shall be completed by December 1, 2019 and shall be maintained in accordance with the approved landscape plan. -and- That the application of 2427100 ONTARIO INC. (SG 2018-013 -396 Victoria Street North) requesting permission to legalize a ground-supported sign havingautomatic changing copy located 24.5m from a Residential Zone rather than the required 100m, on Part Lot 245, Plan 374, 396 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a signpermit from the Planning Division for the addition of the automatic changing copy. 2.That the owner shall ensure the automatic changing copy portion of the sign is turned off between 11 pm and 6 am. 3.That the above noted conditions be fulfilled no later than January 1, 2019. Any request for an extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 3 - 1 4.That approval of sign variance SG 2018-013 shall be in accordance with the plans submitted with the application. -and - (SG 2018-014 -321 Fischer Hallman Road) requesting permission to replace an existing ground-supported sign with another ground- supported sign having automatic changing copy located 11m from a residential zone rather than the required setback of 100m; to be located 15m from another ground-supported sign on the subject property rather than the required 50m distance separation; and, to have a sign area of 3.23 sq.m. rather than the permitted maximum sign area of 3 sq.m., on Part Lot 2, Plan 1019, 321 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a sign permit for the proposed business from the Planning Division. 2.That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 3.That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11:00 pm and 6:00 am. 4.That the above noted Conditions 1 to 3 be fulfilled no later than April 1, 2019. 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 the decision. 5.The established portable sign location will be removed from our system and no longer available for use. Failure to fulfill these conditions will result in this approval becoming null and void. 6.That approval of sign variance application SG 2018-014 is as per the plans submitted with the subject application. -and- That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2018-015 - 371 Franklin Street North) requesting permission to legalize a ground-supported sign having automatic changing copy located 23.3m from a residential zone rather than the required setback of 100m, on Block C, Plan 1152, 371 Franklin Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. 3 - 2 2.That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 3.That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11:00 pm and 6:00 am. 4.That the above noted Conditions 1 to 3 be fulfilled no later than April 1, 2019. 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 outin the decision. Failure to fulfill these conditions will result in this approval becoming null and void. 5.That approval of sign variance application SG 2018-015 is as per the plans submitted with the subject application. REPORT: The Committee of Adjustment met as a Standing Committee of City Council on November 20, 2018 and December 11, 2018 to consider one application pursuant to Chapter 630 (FENCES) of the City of Kitchener Municipal Code and three 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 through the delivery of core service. 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 - council / committee meeting. ENTRUST -The Committee of Adjustment is a Quasi-Judicial Committee of citizen members operatingas a Standing Committee of City Council. ACKNOWLEDGED BY: Justin Readman, General Manager Development Services 3 - 3 REPORT TO:Committee of the Whole DATE OF MEETING:December 17, 2018 SUBMITTED BY:Cory Bluhm, Executive Director, Economic Development, 519-741-2200 ext. 7065 PREPARED BY:Karoline Varin,Program Assistant Arts & Creative Industries 519-741-2200 ext. 7912 WARD (S) INVOLVED:10 DATE OF REPORT:December 13, 2018 REPORT NO.:DSD-18-193 SUBJECT:ACCELERATED GRANT PAYMENTS FOR THEMUSEUM ___________________________________________________________________________ RECOMMENDATION: That the 2019 grant payments for THEMUSEUMbe approved throughReport DSD-18-193, in advance of Council budgetapproval. BACKGROUND: The City of Kitchener has provided an annual grant allocation to THEMUSEUMfor a number of years. THEMUSEUM received a Tier 1 grant from the Community Grants program, and in 2017, this funding was moved into Economic Development grants (CAO-17-015)to ensure stable funding for the city-Kitchener Waterloo ArtGallery, Kitchener Waterloo Symphony, and THEMUSEUM. KCIs are large organizations that contribute to the social and economic prosperity of the KW region,creating jobs and wealth, attracting visitors and stimulating creative thought and activity. Reliable municipal operational funding is necessary to sustain the impact of these organizations and to leverage funding from other levels of government and private sources. REPORT: The KCIs -including THEMUSEUM have identified the need for stable core funding.Funding from the City of Kitchener, as well as the other municipalities, play an important role by providing reliable annual operating funds.Overall, provincial funding is lower than average for local organizations relative to their counterparts across the country. In order to manage a challenging cash flow situation, THEMUSEUM has requested that their grant be allocated as early as possible in January. In 2015, following the previouselection,this challenge was acknowledged and THEMUSEUMreceived a significant percent of theirgrant in early January. THEMUSEUMplaysan important role in the community. In fulfilling thevision to awe, inspire and enlighten,itattractsthousands of school age children. Once a week, it offers discount rates to seniors to provide accessible entry. THEMUSEUM continues to develop programming ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 4 - 1 aimed at young professionals, millennials, students and culture craving urbanites, with their Museum after Dark (MAD) memberships.It sees 42% of their paid attendees arriving from outside the Region, therebyhelping to make the downtown core more vibrant and adding positive economic impact. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: None. THEMUSEUM has requested $100,000 of its annual operating grant be provided in early January. In 2018, THEMUSEUM received $143,200. Staff anticipate recommending the same grant plus inflation in 2019. Approving the request would only prove problematic if Council, as part of the budget process, approves a grant of less than $100,000. COMMUNITY ENGAGEMENT: INFORM council / committee meeting. ACKNOWLEDGED BY: Justin Readman, GM Development Services 4 - 2 REPORT TO:Committee of the Whole DATE OF MEETING:2018-12-19 SUBMITTED BY:Margaret Fisher,Director of Procurement,519-741-2200 ext. 7214 PREPARED BY:Laurie Stecho, Supervisor of Purchasing,519-741-2200 ext. 7089 WARD (S) INVOLVED:N/A DATE OF REPORT:2018-08-15 REPORT NO.:FIN-18-035 SUBJECT:Summary of Bid Solicitations Approved by the Director of Supply Servicesor Designate(July 1, 2018 September 30, 2018) __________________________________________________________________________________________ RECOMMENDATION: For Information Only BACKGROUND: In accordance with the Purchasing By-law 2017-106 (Chapter 170 Municipal Code), section City's Director of Supply Services shall prepare a quarterly information only report to Council on Solicitations awarded where the Procurement Value is between $100,000 and $750,000 and the Director of Supply Services approved the award awarded by the Director of Supply Services were within approved budgets, capital projects were s government or granting agencies which require Council approval, and more than one bid was received in response to the bid solicitation. REPORT: Appendix 1 is a listing of the six(6) FINANCIAL IMPLICATIONS: All recommendations awarded by the Director of Supply Servicesordesignate, were within approved budgets. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 5 - 1 81.01 4 $630,312.73$343, (Includes HST) Award Amount 30, 2018) Awarded Vendor(s) MeritechCambridge ONMTE Consultants Inc.Kitchener ON ell September Mill , 2018 July 1 es that currently exist. The services were originally Description or the design have been approved by Construction administration and inspection Funds f Listing of Approved Bid Solicitations ( Engineering Services is proceeding with the reconstruction of Ephraim Street (Ann Street to Ethel Street) and Ethel Street (Frederick Street to North End) under the Water Infrastructure Program (WIP).Council as part of the 2018 budget.The City will be completing the design of this project through the use of a consultant.of this project will be completed by the consultant as well. The project is within Ward 1 and construction is tentatively planned for summer 2020. Engineering Services is proceeding with the reconstruction of Street (Stirling Avenue to Ottawa Street) (approximately 825 metres) to address the infrastructure issuThe infrastructure along Mill Street has reached the end of its useful life and requires full replacement.The project includes the reconstruction of all underground services (sanitary sewer, storm sewer and watermain) as well as sanitary and water service connections to the property line. The asphalt roadway will be reconstructed as well as sidewalks and curbs. This phase of the project is for consulting services to complete the preliminary design, final design, tendering, as was contract administration and inspection. Construction is expected to occur in 2020 and 2021. This project is in Ward 9. Appendix 1 Mill Street Professional 069 085 Professional Bid Solicitation -- Number & Name P18Services (Stirling Avenue to Ottawa Street) ReconstructionP18Services for Ephraim Street (Ann Street to Ethel Street) Ethel Street (Frederick Street to North End) Reconstruction 5 - 2 00 $157,576.24$192,100. ON J A Larue IncQuebec, QCHemson Consulting Ltd. Toronto as dways ities must Operations, nticipated in the related capital costs that - 957 snow melter in INS residential development a - nding sources and net expenditures incurred or year period immediately preceding the preparation of - The Development Charges Act and its associated regulation allow municipalities to recover growthare needed to service new development.In order to do so, under the terms of the Act, municipalprepare a development charge background study and pass a bylaw to determine the development charges, taking the following into account:A forecast of the amount, type and location of housing units, population and noncity.The average capital service levels provided by the municipality in the 10the background study.A review of future capital projects, including analysis of gross expenditures, futo be incurred by the municipality, to provide for the expected development.Development charges (DC) bylaws have a maximum term of five to update the bylaw, a background study must be done, which This unit will replace approved for replacement in the 2018 Annual Fleet Equipment Review. This unit will be used for loading snow from roaand for stock piling snow at the snow dump. The current unit was 10 years old with a 16 year lifecycle and was not needed anymore due to the opening of the new snow dump. Development - 128 Professional 109 One (1) Loader - - T18Mounted Quick Disconnect 181 kw (250 hp) Snow BlowerP18Services Charge Background Study 5 - 3 $229,839.90$151,787.25 ON StantecConsulting Ltd., WaterlooCanadian Hydrant TechnologiesCambridge ON Local hree (3) years. . The assistance of external North (Union to Victoria) and South section sampling of fire hydrant inspection and l months to complete, therefore the work will begin ive tat ) years with option to renew for an additional two (2) one zed financial planning documents that must be in The City requires professional services for the conceptual design, detail design and implementation of improvements to the Iron Horse Trail (Queen to Ottawa). involves a number of staff from across the organization and takes severain the first half of 2018.External consultants are engaged to assist with the preparation of the DC background study and associated bylaw. Development charge background studies are complex and specialiaccordance with legislation and are often appealed to the Planning Appeal Tribunal (LPAT)expertise will ensure that all requirements of the Act are fulfilled and that the the current bylaw. The costs of the DC background study and associated bylaw are completely funded through development charges.This tender is based on fixed unit prices on an estimated represenmaintenance services over the previous tThe average annual spend over the past three (3) years was $53,144. before taxes. The actual spend will depend on the level of activity throughout the term of contract.The term of contract is September 1, 2018 to August 31, 2021, three (3year terms. Iron Horse 067 Professional 103 Fire Hydrants: ices - - P18ServTrail ImprovementsT18Inspection and Maintenance Services 5 - 4 6 - 1 6 - 2 6 - 3 6 - 4 6 - 5 6 - 6 6 - 7 6 - 8 6 - 9 6 - 10 REPORT TO:Committee of the Whole DATE OF MEETING:December 17, 2018 SUBMITTED BY:Christine Tarling, Director of Legislated Services/City Clerk, 519-741- 2200 ext. 7809 PREPARED BY:Christine Tarling, Director of Legislated Services/City Clerk, 519-741- 2200 ext. 7809 WARD (S) INVOLVED:All DATE OF REPORT:December 12, 2018. REPORT NO.:COR-18-021 SUBJECT:Appointments to Kitchener Housing Incorporated and Centre in the Square Boards of Directors for 2018 to 2021 RECOMMENDATION: That Daryl Dore and Ted Bleaney be appointed to the Board of Directors for Kitchener Housing Incorporated as Community Directors for a three-year term ending November 30, 2021; and, That Barb Blundon and Cassandra O-Brien be appointed to the Board of Directors for Kitchener Housing Incorporated as Associate Directors for a three-year term ending November 30, 2021; and, That Richard Parent be extended as a Community Director for the Board of Directors for Kitchener Housing Incorporated until April 2019; and, That Richard Parent be appointed to the Board of Directors for Kitchener Housing as an Associate Director effective April 2019 for the term ending November 30, 2021; and, That Associate Directors for the Board of Directors for Kitchener Housing Incorporate be given first consideration for vacant Community Director positions; and further, That Jana Gordon be re-appointed to the Board of Directors for Centre in the Square for a second term starting January 1, 2019 and ending December 31, 2021. BACKGROUND: At the November 19, 2018appointment meeting, Kitchener Housing Incorporated (KHI) Board of Directors (KHI)was not in a position to make appointment recommendations for its two (2) vacant he Board more time to complete the interviews with the applicants for those vacancies. Likewise, Centre in the Square (CITS) Board of Directors was not able to put forward recommendations to Council for their vacancies indicating they would do so in January 2019. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 7 - 1 REPORT: Kitchener Housing Incorporated As per the attached letters (Appendices 1-E5) from the Members of the Nominating Committee for Kitchener Housing Inc. (KHI), the KHI Board is recommending the appointments of Ted Bleaney and Daryl Dore (Appendix ) to fill the two Community Director vacancies for the term ending November 30, and Richard Parent (Appendix ) to fill three Associate Director positions for the term ending November KHI Board would like to extend his current appointment as a Community Director. Unassigned applicants for KHI The KHI Board felt it had five (5) excellent candidates for only two (2) vacancies and after reviewing their Corporate By- which would but with no voting rights on Board motions and resolutions. In addition, the KHI Board would like the Associate Director positions to be given first consideration for any vacant Community Director position as this would support succession planning and strengthen continuity for the KHI Board. Centre in the Square As per the attached letter (Appendix ) from Paul Salvini, Chair of the Centre in the Square (CITS) Board of Directors, the CITS Board is recommending the re-appointment of Jana Gordon (Appendix ) for a second term to fill one (1) of eight (8) vacancies for the term ending December 31, 2021. The CITS Board has indicated they will continue the recruitment process for the remaining seven (7) vacancies and ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: delivery of core service. FINANCIAL IMPLICATIONS: None at this time. COMMUNITY ENGAGEMENT: INFORM committee meeting. ACKNOWLEDGED BY: Victoria Raab,General Manager, Corporate ServicesDepartment 7 - 2 Recommended Appointees Kitchener Housing Incorporated Board of Directors Note: Number in brackets indicates application number. Community Director (2 vacancies)Associate Director (3 vacancies) Ted Bleaney (106)Barb Blundon (16) Daryl Dore (99)to Downtown Advisory Committee) Richard Parent (A-6)(Eff. April 2019) Unassigned Applicants Kitchener Housing IncorporatedBoard of Directors Name st Euraysia Duhaime (26) (Appointed to Compass Kitchener 1choice) st Karen Perreault(96) (Appointed to Heritage Kitchener 1choice) Yanna Green (100) Emily Kropf (101) Slavko Miladinovic (102) Teresa Ramey (103) Recommended Appointee Centre in the Square Board of Directors (8 vacancies) Note: Number in brackets indicates application number. Name Jana Gordon (A-9) Unassigned Applicants Centre in the Square Board of Directors Name st Jim Adams (1) (Appointed to Aeronautical Noise Management 1choice) Suhasini Gangatirkar (6) st Lori Thompson (12) (Appointed to Arts & Culture Advisory Committee 1choice) nd Barb Blundon (16) (Appointed to Kitchener Housing Inc. 2choice) Shawn Branton (17) Joe Cormier (18) Chris Lolas (19) st Omar Samad (29) (Appointed to Compass Kitchener 1choice) st Erin Atchison (50) (Appointed to Downtown Advisory Committee 1choice) st Geoffrey Guin (56) (Appointed to Downtown Advisory Committee 1choice) 7 - 3 nd Sharlene Mohlman (66) (Appointed to Property Standards Committee 2choice) st Daryl Dore (99) (Appointed to Kitchener Housing Inc. 1choice) Attila Donmez (110) Amina Gilani (115) st Stephanie Soulis (129) (Appointed to Kitchener Public Library 1choice) 7 - 4 7 - 5 7 - 6 7 - 7 7 - 8 7 - 9 7 - 10 REPORTS TO BE CONSIDERED BY COUNCIL DECEMBER 17, 2018 CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE DECEMBER 10, 2018 1. That the Ministry of Transportation, Ontario (MTO) and its contractors be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the geotechnical and pavement investigation drilling for the preliminary detail design for the new Highway 7/85 Interchange in the City of Kitchener. The request for the noise by-law exemption is between the hours of 7:00 p.m. and 7:00 a.m. for the period of January 7 to May 3, 3019, as outlined in Development Services Department report DSD-18-144. 2. That and commits to providing relevant municipal funding; and further, That the Chief Administrative Officer or a General Manager is hereby authorized to execute the Disaster Mitigation and Adaptation Fund (DMAF) application, a DMAF Transfer Payment Agreement with Infrastructure Canada, and any other DMAF related documentation; said agreement and other related documentation to be to the satisfaction of the City Solicitor, as outlined in Development Services Department report DSD-18-168. 3. That the proposed fees and charges contained in the 2019 User Fee Schedule attached to Financial Services Department report FIN-18-042 be approved; save and except for the following: user fee identified as Item 992 - Golf Membership - Junior Pee-Wee, Bantam midget which shall be $425. for 2019 and $450. for 2020; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications. 4. That staff be directed to proceed with the immediate repair of a segment of Sanitary Sewer on Dalewood Drive to address ongoing sewage backup issues, with funding for the repair to be allocated from the Sanitary Sewer Maintenance Account, as outlined in Development Services Department report DSD-18-167. PLANNING AND STRATEGIC INITIATIVES COMMITTEE DECEMBER 10, 2018 1. That Zoning By-law Amendment application ZC18/002/H/CD for Alireza Torab requesting a change from Residential Five Zone (R-5) to Residential Five Zone (R-5) with Special Use Provision 471U on the parcel of land specified and illustrated on Map No. 1, be - Development Services Department report DSD-18-126 as Appendix A; and further, That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC18/002/H/CD. 2. That Zoning By-law Amendment Application ZC16/001/W/ATP for Emil Lacko and Emilia Lacko be approved - Development Services Department report DSD-18-165 as Appendix A; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZC16/001/W/ATP. 3. That City-initiated amendment ZC18/010/COK/JVW (Annual Zoning By-law Update) to Zoning By-law 85--th, 2018, attached to Development Services Department report DSD-18-166.