HomeMy WebLinkAboutCouncil Agenda - 2019-01-29
COUNCIL AGENDA
NOTE: DATE AND TIME CHANGE
TUESDAY, JANUARY 29, 2019 CITY OF KITCHENER
5:30 P.M. - COUNCIL CHAMBER 200 KING STREET WEST
1. COMMENCEMENT
Singing of "O Canada".
2. MINUTES
Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held December
17, 2018 and special meetings held December 17, 2018 & January 7, 14, 18 & 21, 2019)
Councillor P. Singh.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
4. COMMUNICATIONS REFERRED TO FILE NIL
5. PRESENTATIONS
a. Mr. Jeff Stager, Waterloo Federation of Agriculture to present the Consensus of Agriculture
2016 report for the Region of Waterloo.
6. DELEGATIONS NIL
7. REPORTS OF COMMITTEES
8. UNFINISHED BUSINESS
a. COR-19-010 Revised Appointments to Kitchener Housing Incorporated and Centre in the
Square Boards of Directors for 2018 to 2021.
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. 88-169, being a by-law to regulate, supervise and govern
the parking of vehicles on municipal off-street parking facilities.
b. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern
the parking of vehicles on municipal off-street parking facilities. (A
c. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern
the parking of vehicles on municipal off-street parking facilities.
d. 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)
e. 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)
f. 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)
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COUNCIL AGENDA
TUESDAY, JANUARY 29, 2019 CITY OF KITCHENER
5:30 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST
__________________________________________________________________________________________
g. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with
respect to Appointment of Staff. (Amends Schedule A
h. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding
By-law Enforcement. (Amends A
i. 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. 88-169, being a by-law to regulate, supervise and govern
the parking of vehicles on municipal off-street parking facilities.
b. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern
the parking of vehicles on municipal off-street parking facilities.
c. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern
the parking of vehicles on municipal off-street parking facilities.
d. To further amend By-law No. 88-171, being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
e. 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.
f. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking
of motor vehicles on private property.
g. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with
respect to Appointment of Staff.
h. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding
By-law Enforcement.
i. To confirm all actions and proceedings of the Council.
8.a. - 1
8.a. - 2
8.a. - 3
8.a. - 4
COMMITTEE OF THE WHOLE AGENDA
TUESDAY, JANUARY 29, 2019
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. Fisher, Director of Procurement, recommending:
i. FIN-18-033 Natural Gas and Electric Residential Water Heaters Extension
That the existing contract with Giant Factories Inc., Montreal, Quebec, and
A.O. Smith Enterprises Ltd., Fergus, Ontario, for the purchase of Natural
Gas and Electric Residential Water Heaters be extended to May 1, 2019.
ii. FIN-19-006 FPO18-149 Supply and Delivery of Entrance Mats (Cooperative)
That the City piggybacks on Guelph Cooperative Tender, Reference
Number: 18-175, Supply and Delivery of Entrance Mats, awarding to Swan
Dust Control Limited, Waterloo, Ontario, at their tendered unit prices for six
(6) months with an option to renew for four (4) additional twelve (12) month
terms.
iii. FIN-19-007 P18-173 Professional Services Detailed Design & Contract
Administration for Shoemaker Creek Restoration
That Proposal P18-173 Professional Services - Detailed Design & Contract
Administration for Shoemaker Creek Restoration, be awarded to
Ecosystem Recovery Inc., Waterloo, Ontario, at their estimated fee of
$407,605., including provisional allowances and contingencies of $82,055.,
plus H.S.T. of $52,988.65 for a total of $460,593.65, provided a satisfactory
contract is executed.
iv. FIN-19-008 T18-100 Stormwater Management Facility 144 Victoria Park Lake
Forebay Sediment Removal
That Tender T18-100 Stormwater Management Facility 144 Victoria Park
Lake Forebay Sediment Removal, be awarded to R & M Construction,
Acton, Ontario, at their tendered price of $431,106.55, including cash
allowance and contingencies of $50,000., plus H.S.T. of $56,043.85, for a
total of $487,150.40.
2. COR-19-003 Fence Variance 27 Glasgow Street; Sign Variances 70 King Street
East and 439 Park Street
Attached is Corporate Services Department report COR-19-003 (D.
Saunderson), dated January 17, 2019.
That the application of SEAN GEOBEY and JAY HARRISON (FN 2019-001 - 27
Glasgow Street) requesting permission to construct a 1.8m high wooden fence
located 0.6m from the side lot line abutting Gruhn Street rather than the required
1.5m setback, on Part Lots 1, 3 & 4, Plan 387, being Parts 3 & 4 on Reference
Plan 58R-8512, 27 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject
to the following conditions:
1. That the owner shall submit a landscape plan and install the approved
plantings to the satisfaction of the Planning Division.
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COMMITTEE OF THE WHOLE JANUARY 29, 2019
B. ADMINISTRATIVE REPORTS - CONT'D
2. That Condition 1 above shall be met no later than August 1, 2019. Any
request to a time extension must be approved in writing by the Manager of
Development Review (or designate) prior to the completion date noted
above. Failure to fulfill these conditions will result in this approval becoming
null and void.
- and
That the application of EUROPRO (KITCHENER) GP INC. (SG 2019-001 - 70 King
Street East) requesting permission to replace an existing projection sign on the
King Street East façade with another projection sign extending 2.2m from the
building wall rather than the maximum 1.5m projection; and, to have internal
illumination whereas the By-law permits only external illumination, on Part Lot 1,
Plan 364, being Part 3 on Reference Plan 58R-6977, 70 King Street East,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the owner shall ensure the Frederick Street fascia sign is removed prior
to the issuance of a sign permit for the Goudies Lane sign and that the
masonry repairs to both the Frederick Street and Goudies Lane facades are
completed to the satisfaction of the Coordinator, Cultural Heritage Planning
by October 31, 2019.
2. That the owner shall obtain an encroachment agreement for the portion of the
Legal Division.
3.
day night vinyl so the black letters glow white at night; or, as approved by the
Manager of Site Development and Customer Service.
4. That the owner shall obtain a sign permit for the proposed signs from the
Planning Division.
5. That the above noted Conditions 1 to 5 shall be fulfilled no later than October
31, 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.
- and -
That the application of JO-ANN MALHOTRA (SG 2019-002 - 439 Park Street)
requesting permission to replace the existing sign with a ground-supported sign on
a property having a width of 11.5m rather than the required 15m; and, to permit
third-party advertising whereas the By-law does not permit third-party advertising,
on Part Lot 36, Plan 217, 439 Park Street, Kitchener, Ontario, BE APPROVED,
subject to the following conditions:
1. That the owner shall obtain a sign permit from the Building Division.
2. That the subject application is approved if, and only if, 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.
3. That Condition 1 shall be completed prior to June 30, 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 this decision.
Failure to fulfill these conditions will result in this approval becoming null and
void.
3
COMMITTEE OF THE WHOLE JANUARY 29, 2019
B. ADMINISTRATIVE REPORTS - CONT'D
3. COR-19-004 Encroachment Request St. Kateri Tekakwitha C.E.S.
Attached is Corporate Services Department report COR-19-004 (T. Kalbfleisch Mazurka),
dated December 27, 2018.
Subject to staff comments, that the Mayor and Clerk be authorized to execute two
Encroachment Agreements, both satisfactory to the City Solicitor, first for the
benefit of the Waterloo Catholic District School Board to expand an existing
perty adjacent to the School Board lands at 560
4. COR-19-005 Encroachment Request 49 Overland Drive Storm Sewer
Attached is Corporate Services Department report COR-19-005 (T. Kalbfleisch Mazurka)
dated December 27, 2018.
Subject to staff comments, that the Mayor and Clerk be authorized to execute an
Encroachment Agreement, satisfactory to the City Solicitor, with the property
owner of 49 Overland Drive for the placement of a storm sewer and headwall on
5. COR-19-006 Encroachment Request Waterloo Region Bus Shelters
Attached is Corporate Services Department report COR-19-006 (T. Kalbfleisch Mazurka),
dated December 17, 2018.
Subject to staff comments, that the Mayor and Clerk be authorized to execute an
Encroachment Agreement, satisfactory to the City Solicitor, with the Region of
allowance at Block Line near Hanover Street.
6. COR-19-007 Encroachment Request 15 Scott Street Sign and Awning
Attached is Corporate Services Department report COR-19-007 (T. Kalbfleisch Mazurka),
dated December 27, 2018.
That the Mayor and Clerk be authorized to execute an Encroachment Agreement,
satisfactory to the City Solicitor, with the business owner and any mortgagee of
the property municipally known as 15 Scott Street to authorize the installation of
allowance.
7. COR-19-009 Encroachment Request 475 King Street East Multiple Features
Attached is Corporate Services Department report COR-19-009 (T. Kalbfleisch Mazurka),
dated January 23, 2019.
Subject to staff comments and approval, that the Mayor and Clerk be authorized
to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the
owner of the property municipally known as 475 King Street East to authorize the
installation of multiple encroaching features, all of which will project over the City
South road allowances.
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COMMITTEE OF THE WHOLE JANUARY 29, 2019
B. ADMINISTRATIVE REPORTS - CONT'D
8. COR-19-008 Appointments to Property Standards and Compass Kitchener
Committees
Attached is Corporate Services Department report COR-19-008 (C. Tarling), dated
January 21, 2019.
That Roberto Villamar and Melissa Bowman be appointed to Compass Kitchener;
and,
That Mike Pulley be appointed to the Property Standards Committee.
9. INS-19-001 Natural Gas Storage & Transportation Contract with Enbridge Gas Inc.
Attached is Infrastructure Services Department report INS-19-001 (G. St. Louis), dated
January 3, 2019.
That the Mayor and Clerk be authorized to execute an agreement with Enbridge
Gas Inc. pertaining to natural gas storage and transportation ("T3 Contract")
effective April 1, 2019, for a three year term ending on March 31, 2022; and the
said agreement is to be satisfactory to the City Solicitor, as outlined in INS Report
INS-19-001.
10. DSD-19-029 Kitchener Funeral Homes and Crematorium Inc. 3 Forwell Road
Attached is Development Services Department report DSD-19-029 (A. Pinard), dated
January 21, 2019.
That Council give approval under Section 83(3) of the Funeral, Burial and
Cremation Services Act, to establish a Crematorium proposed at 3 Forwell Road,
owned by Kitchener Funeral Homes and Crematorium Inc; and
That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff
be directed to send a copy of the Council decision to the Provincial registrar and
the owner, and that staff also be directed to publish notice of the decision in the
Record.
C. FOR INFORMATION
11. FIN-19-005 Summary of Bid Solicitations Approved by the Director of Supply
Services or Designate (October 1, 2018 December 31, 2018)
Attached is Financial Services Department report FIN-19-005 (M. Fisher), dated January
11, 2019.
Rise and Report
REPORT TO:Committee of the Whole
DATE OF MEETING:2019-01-29
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:2019-01-15
REPORT NO.:FIN-18-033
SUBJECT:Natural Gas and Electric Residential Water Heaters -Extension
__________________________________________________________________________________________
RECOMMENDATION:
That the existing contract withGiant Factories Inc.,Montreal, Quebec,and A.O. Smith
Enterprises Ltd., Fergus, Ontario,for the purchase of Natural Gas and Electric Residential
Water Heaters be extended to May 1, 2019.
BACKGROUND:
The City typically goesout to tender every 3 years to secure pricing related to the purchase of
that supply water heaters expired in 2018. There have been delays during tendering process
that requires the City to extend its existing contract with its current suppliers until May 1, 2019.
REPORT:
Water Heaters are an annual requirement in support of the City
The rental water heater program was established in 1989 to ensure affordable hot water service
water needs by delivering a program with economical rental rates and great customer service.
Kitchener Utilities offer a full range of water heaters with the latest technologies including high
efficiency Energy Star compliant water heaters.
T15-020Water Heaters: Residential Regular Tank expired April 30, 2018.The Tender process
was delayed. Both Giant Factories Inc and A.O. Smith held current contract pricingto August
31, 2018 and to September 30, 2018respectively.
A new tender T18-019Natural Gas and Electric Residential Water Heaters was released August
7, 2018 and closed August 24, 2018, with an expected date for recommendation to award going
to Council on September 26, 2018. In reviewing the pricing, the overall cost to supply water
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
1.i - 1
heaters representedThis has prompted
the City to re-tender in 2019.
The estimate spend from May 1, 2018 toMay 1, 2019will be approximately $3,013,045.65. The
actual spend will depend on the level of activity until a new Tender is in place.
A Tender will be issued in February with a recommendation to award going to Council April 1,
2019with a new contract for Water Heaters in place byMay 1, 2019.Interim pricing has been
secured with existing vendors until that time.
FINANCIAL IMPLICATIONS:
Water heaters are a capital asset and their installation/replacement is funded through rental
rates.
ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Department
1.i - 2
REPORT TO:Committee of the Whole
DATE OF MEETING:2019-01-29
SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214
PREPARED BY:Steve Rudak, Buyer,519-741-2200 ext. 7213
WARD (S) INVOLVED:N/A
DATE OF REPORT:2019-01-02
REPORT NO.:FIN-19-006
SUBJECT:FPO18-149Supply and Delivery of Entrance Mats (Cooperative)
__________________________________________________________________________________________
RECOMMENDATION:
That the City piggybacks on GuelphCooperative Tender,Reference Number: 18-175,
Supply and Delivery of Entrance Mats, awarding to Swan Dust ControlLimited, Waterloo,
Ontario, at their tendered unitpricesforsix (6) monthswith an option to renew for four
(4)additional twelve (12) month terms.
BACKGROUND:
This is a cooperative tender issued by the City of Guelph (Lead Agency), for the supply and
delivery of entrance mats for the Guelph Cooperative Purchasing Group (GCPG) and the Grand
River Cooperative Purchasing Group (GRCPG).The GRCPG participating agencies are:
City of Kitchener
Wilfrid Laurier University
Waterloo-Wellington Local Health Integration Network
Theestimatedaverage annual spend with Unifirst Canada over the past four (4) years
was $27,779.86. The actual spend will depend on the level of activity throughout the term of the
contract.
REPORT:
As per clause 170.7.3 of the PurchasingBy-law2017-106, it states,the Director of Supply
Services shall submit a report to Council recommending award of a purchase greater than
$100,000 if any one or more of the following conditions apply:d. only one bid is received in
response to a solicitation
Tenders were advertised publicly on the City of Guelph website. Documents were downloaded
by five (5) interested parties and by the closing date of Friday October 4, 2018, one (1) tender
had been received.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
1.ii - 1
The following tender wasreceived:
Swan Dust Control LimitedWaterloo ON
The average price for supply and delivery of entrance mats has increased 2%from the 2018
contract.
The tender was reviewed by C. Rendell, City of Guelph Purchasing Agent and S. Rudak, Buyer,
who concur with the above recommendation.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
the delivery of core service.
FINANCIAL IMPLICATIONS:
Funding will be provided from various operating accounts.
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Department
1.ii - 2
REPORT TO:Committee of the Whole
DATE OF MEETING:2019-01-29
SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214
PREPARED BY:Amy Carr,Buyer,519-741-2200 ext. 7184
WARD (S) INVOLVED:Ward 9
DATE OF REPORT:2019-01-15
REPORT NO.:FIN-19-007
SUBJECT:P18-173 Professional Services -Detailed Design & Contract
Administration for Shoemaker Creek Restoration
_________________________________________________________________________________________
RECOMMENDATION:
ThatProposal P18-173 Professional Services -Detailed Design & Contract Administration
for Shoemaker Creek Restoration, be awarded to Ecosystem Recovery Inc., Waterloo,
Ontario, at theirestimated feeof $407,605.,including provisional allowances and
contingencies of $82,055., plus H.S.T. of $52,988.65for a total of $460,593.65,provided a
satisfactory contract is executed.
BACKGROUND:
TheProposal is for consulting services for detailed design and construction contract
administration for the restoration of Shoemaker Creek in alignment with the preferred preliminary
(ISWMMP).In conjunction with the detailed design for the watercourse and greenway, the City
additionally requires detailed design for a multiuse pathway as previously proposed in the City
The ISWMMP and associated City report INS16047, endorsed by City Council on May 30,
2016 identified a number of large-scale watercourse improvement projects. One of these
projects, the focus of this study, involves the restoration of reaches SM-2B to SM-2E on
Shoemaker Creek between Homer Watson Blvd and the outlet at Schneider Creek. The
proposed works include removal of concrete channels, the creation of natural channels, removal
of barriers to fish passage, and improvements to the deteriorating inlets and outfalls throughout
the study area.
The City has applied for funding with the National Disaster Mitigation Program (NDMP)for the
construction phase of this project, which is anticipated to occur in the fall and winter of 2019.
The NDMP is a federal program established by the Government of Canada in recognition of
increasing disaster risks and costs. The NDMP provides funding for risk assessments, floodline
mapping projects, mitigation planning and for structural and non-structural flood mitigation
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
1.iii - 1
projects. This spring, theoutcome of the application for funding will be knownand if successful
NDMP funds may be applied to offset theremainingcosts associated with thedesign work and
construction supervision activities that form the basis of this proposal.Activities occurring prior
to a funding award are not eligible for reimbursement. Currently, funding from the Watercourse
Improvement Program general provision is allocated for this work.
REPORT:
The value of this purchase falls below the Council approval threshold of the purchasing by-law.
As per clause 170.7.3(b) of the PurchasingBy-law2017-106, it states, when the project is not
specifically identified within the Council approved budgetthe Director of Supply Services shall
submit a report to Council recommending award.
Proposalswere advertised publicly on the City of Kitchenerwebsite. Documents were
downloaded by seventeen(17) interested parties and by the closing date of Monday December
17, 2018,five(5)proposalshad been received.
A listing of the responding parties follows for your reference:
Ecosystem RecoveryKitchener ON *
GeoProcess Research Associates Inc.DundasON
Matrix Solutions Inc.Guelph ON *
StantecWaterloo ON *
Cambridge ON
*Shortlisted candidates
The proposal submissions werereviewedand ratedbythe selection committee,M.Wilson,
Water Resources Engineer,L.Christensen,Design & Construction Project Manager, B. Bishop,
Design & Construction Project Managerand C. Musselman,Senior Environmental Planner.
Ashortlist of three (3) candidates* was selected for further interviews.
The review committee met on Friday January 11, 2019,to interview and rate the shortlisted
candidates.
The committee recommends awarding the project to Ecosystem Recovery Inc., Waterloo,
Ontario.
The selection committee rated the proposal submissions on the following criteria:
Evaluation of Proposed Project Manager
Project Team -completeness and experience of firm and staff in similar projects
Understanding and Approach -methodology and task breakdown
Completeness of Proposal
1.iii - 2
Past Performance
Knowledge of the City & Area
Value Added Approach -Efficiencies, innovation ideas for the project, etc.
Cost
Communications Approach
Work Plan and Schedule
Delivery of Interview
Project Manager
Project Team
Value Added Approach
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
the delivery of core service.
1.iii - 3
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 andcontract administration.
The net cost for this proposal (A), is fair and reasonable for a purchase of this scope but the
upset limit exceeds the budget allowance (B). Funding for this purchase is provided by the
Watercourse Improvement Program account. The deficit (D) will be taken from funds allocated
to the construction phase of the project.
Proposal P18-173
Detailed Design & Contract Administration -Shoemaker Creek Restoration
Total budget for all phases of this project3,850,000.00
Estimated Cost for this Work
Proposal P18-173 costs, including HST460,593.65
less: HST rebate on tender(45,814.78)
Net Cost Being Awarded414,778.87 A
Projected Costs: Staff Time 50,000.00
Total Estimated Cost $464,778.87 C
Budget for this Work
Stormwater Utility450,000.00
Total Budget $450,000.00 B
Estimated Surplus/(Deficit) (B -C)(14,778.87)D
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Department
1.iii - 4
REPORT TO:Committee of the Whole
DATE OF MEETING:2019-01-29
SUBMITTED BY:Margaret Fisher,Director of Procurement,519-741-2200 ext. 7214
PREPARED BY:Amy Carr, Buyer,519-741-2200 ext. 7184
WARD (S) INVOLVED:Ward 9
DATE OF REPORT:2019-01-16
REPORT NO.:FIN-19-008
SUBJECT:T18-100 Stormwater Management Facility 144 Victoria Park Lake
Forebay Sediment Removal
__________________________________________________________________________________________
RECOMMENDATION:
That Tender T18-100 Stormwater Management Facility 144 Victoria Park Lake Forebay
Sediment Removal,be awarded to R & M Construction, Acton, Ontario, at theirtendered
price of $431,106.55,includingcash allowanceand contingencies of $50,000.,plus H.S.T.
of $56,043.85, for a total of $487,150.40.
BACKGROUND:
The City owns and operates 109 Stormwater Management Facilities (SWMFs) which includes
the Victoria Park Lake Forebay.
Water Resources Act, the City is required to maintain the function of these facilities.The Victoria
Park Forebay SWMF has a design sediment cleanout frequency of 7to9 years. The disposal
cycle of the sediment in 2019 meets this design frequency.
Construction is plannedto commence in February and be completed in March 2019 in order to
minimize disruption to the public use of the park amenities during the summer.
REPORT:
The value of this purchase falls below the Council approval threshold of the purchasing by-law.
As per clause 170.7.3(b) of the PurchasingBy-law2017-106, it states
the Director of Supply Services shall
submit a report to Council recommending award.
Tenders were advertised publiclyonthe City of Kitchener website. Documents were
downloaded twenty-nine(29) interested parties and by the closing date of Friday January 11,
2019,eleven(11) tenders had been received.
***This information is available in accessible formatsupon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
1.iv - 1
The following tenders were received:
BidPrice(Incl. Taxes)
Greenspace Landscaping and Property Services Inc.TorontoON$383,886.99
R&M ConstructionActonON$487,150.40*
Sierra Infrastructure IncWoodstockON$513,430.70
J-AAR Excavating LimitedLondonON$595,701.65
Bel-Air Excavating & Grading Ltd.CambridgeON$599,945.25
Tervita CorporationHamiltonON$601,696.75
Capital Paving Inc.GuelphON$614,730.15
Kieswetter Excavating Inc.St. ClementsON$644,834.50
Titanium Contracting Inc.TorontoON$997,622.76
Lancoa Contracting Inc.CaledonON$1,129,003.34
CSL Group LtdAncasterON$1,170,906.00
The tender submitted by Greenspace Landscaping was deemed non-compliantand disqualified.
The tender required bidders to provide proof of ability for three (3) projects for the same or similar
scope as the one described in the Tender. The three projects submitted by Greenspace
Landscaping did not meet the requirements with respect to on-line pond works, removing
sediment from a pond and disposingof sediment.
The tenders were reviewed by D. Arsenault, Project Engineer,GHD Group
Consultants for the project,N. Gollan, Manager of Stormwater Utilityand B. Bishop Design and
Construction Project Manager,who concur with the above recommendation.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
the delivery of core service.
FINANCIAL IMPLICATIONS:
In addition to the costs anticipated in this tender,the design and implementation of these types
of projects typically involves City staff and resources from across the Corporation. These costs
are included in the line item "Projected Costs: Staff Time/Permitting/Material testing", and will be
itemized when they exceed $125,000. Included in this line item are staff time and expenses for
all City staff in support of the project such as Engineering, Kitchener Utilities, Transportation
Planning and Operations. The line item also includes all regulatory permitting, geotechnical and
material testing, detouring and traffic control, alternate access and any other miscellaneous
costs. Projects utilizing in-house staff will include costs for inspection during construction and
contract administration.
1.iv - 2
The net costfor this tender (A), is fair and reasonable for a purchase of this scope and the upset
limit is within the budget allowance (B) provided within the budget. Funding for this purchase is
provided from the Sediment Management Program and the Park/SWM Enhancements account.
The estimated surplus (D) will remain in the sediment management program account to fund
other sediment management work in 2019.
Tender 18-100
Stormwater Management Facility 144 Victoria Park Lake Forebay Sediment Removal
Estimated Cost for this Work
Tender T18-100, including HST487,150.40
less: HST rebate on tender(48,456.35)
Net Cost Being Awarded438,694.05 A
Costs Incurred to Date-
Projected Costs:Staff Time/Permitting/Material Testing15,000.00
Total Estimated Cost for this Work$ 453,694.05 C
Budget for this Work
Sediment Management Program 209,000.00
Park/SWM Enhancements300,000.00
Total Budget available$ 509,000.00 B
Estimated Surplus/(Deficit) (B -C)55,305.95 D
COMMUNITY ENGAGEMENT:
INFORMThis report has been posted
council / committee meeting.
ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Department
1.iv - 3
REPORT TO:Committee of the Whole
DATE OF MEETING:January 29, 2019
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 & 10
DATE OF REPORT:January 17, 2019
REPORT NO.:COR-19-003
SUBJECT:FenceVariance 27 Glasgow Street;Sign Variances70 King Street
East; and, 439 Park Street
RECOMMENDATIONS:
That the application of SEAN GEOBEY and JAY HARRISON (FN 2019-001 -27 Glasgow
Street) requesting permission to construct a 1.8m high wooden fence located 0.6m from the side
lot line abutting GruhnStreet rather than the required 1.5m setback, on Part Lots 1, 3 & 4, Plan
387, being Parts 3 & 4 on Reference Plan 58R-8512, 27 Glasgow Street, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
1.That the owner shall submit a landscape plan and install the approved plantings to the
satisfaction of the Planning Division.
2.That Condition 1 above shall be met no later than August 1, 2019. Any request to a time
extension must be approved in writing by the Manager of Development Review(or
designate) prior to the completion date noted above. Failure to fulfill these conditions will
result in this approval becoming null and void.
-and
That the application of EUROPRO (KITCHENER) GP INC. (SG 2019-001 -70 King Street East)
requestingpermission to replace an existing projection sign on the King Street East façade with
another projection sign extending 2.2m from the building wall rather than the maximum 1.5m
projection; and, to have internal illumination whereas the By-law permits onlyexternal
illumination, on Part Lot 1, Plan 364, being Part 3 on Reference Plan 58R-6977, 70 King Street
East, Kitchener, Ontario, BE APPROVED, subject to the following condition:
1.That the owner shall ensure the Frederick Street fascia sign is removedprior to the issuance
of a sign permit for the Goudies Lane sign and that the masonry repairs to both the Frederick
Street and Goudies Lane facades are completed to the satisfaction of the Coordinator,
Cultural Heritage Planning by October 31, 2019.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
2 - 1
2.That the owner shall obtain an encroachment agreement for the portion of the projecting
3.night vinyl
so the black letters glow white at night; or, as approved by the Manager of Site Development
and Customer Service.
4.That the owner shall obtain a sign permit for the proposed signs from the Planning Division.
5.That the above noted Conditions 1 to 5 shall be fulfilled no later than October 31, 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.
-and -
That the application of JO-ANN MALHOTRA (SG 2019-002-439 Park Street) requesting
permission to replace the existing sign with a ground-supported sign on a property having a
width of 11.5m rather than the required 15m; and, to permit third-party advertising whereas the
By-law does not permit third-party advertising, on Part Lot 36, Plan 217, 439 Park Street,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1.That the owner shall obtain a sign permit from the Building Division.
2.That the subject application is approved if, and only if, 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.
3.That Condition 1 shall be completed prior to June 30, 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 this decision. Failure to fulfill these conditions will result in this
approval becoming null and void.
REPORT:
The Committee of Adjustment met as a Standing Committee of City Council on January 15, 2019
to consider one application pursuant to Chapter 630 (FENCES) of the City of Kitchener Municipal
Code and twoapplications 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.
2 - 2
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
2 - 3
REPORT TO:Committee of the Whole
th
DATE OF MEETING:January 29, 2019
SUBMITTED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext.7060
PREPARED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext. 7060
WARD (S) INVOLVED:Ward4
th
DATE OF REPORT:December 27, 2018
REPORT NO.:COR-19-004
SUBJECT:Encroachment Request St. Kateri Tekakwitha C.E.S
___________________________________________________________________________
RECOMMENDATION:
Subject to staffcomments, that the Mayor and Clerk be authorized to execute two
Encroachment Agreements,both satisfactory to the City Solicitor,first for the benefit of
the Waterloo Catholic District School Boardtoexpand an existing parking loton
propertyadjacent to the School Board lands at 560 Pioneer Drive, and second, to the
.
BACKGROUND:
The Waterloo Catholic District School Board has askedfor permission to expand an existing
parking lot at St. Kateri TekakwithaC.E.Slocated at 560 Pioneer Drivein the City of Kitchener,
which will encroach on adjacent City lands.In return, the City is requesting an encroachment
agreement to formalize an existing
Waterloo Catholic District School Boardlands at this address.
REPORT:
The Waterloo Catholic District School Board wants toexpand theexisting parking lotby a total
area of 88.82metres onto City of Kitchenerproperty.
The City of Kitchener trail network presently extends approximately 140.3 metres from the north
west corner of the WCDSB lands across the property to the south west corner of the property.
Another trail segment extends northerly by 83.9m. The width of the trail is approximately 2.6
metres.
The encroachment agreements will speak to maintenance arrangementsfor both
encroachments and set out respective insurance requirements. Further, the City is requesting
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
3 - 1
permission to use the WCDSB parking lots outside of school hours when the sporting fields in
Carlyle Park are being used.
Through the encroachment circulation process,staff identified that the parking lot expansion
should go through the Site Plan approval process prior to being constructed and that provided
this condition is met, staff will support this reciprocal encroachmentarrangement.
Attached is a diagram of the proposed encroachment as well as twophotographsof the existing
City trail encroachment.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation outlined in this report supports the achievement of the C
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
We do not charge the Waterloo Catholic District School Boardanyfees for such agreements.
COMMUNITY ENGAGEMENT:
INFORM
Standing Committee.
ACKNOWLEDGED BY: Victoria Raab,General Manager,Corporate Services
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3 - 3
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REPORT TO:Committee of the Whole
th
DATE OF MEETING:January 29, 2019
SUBMITTED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext.7060
PREPARED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext. 7060
WARD (S) INVOLVED:Ward8
th
DATE OF REPORT:December 27, 2018
REPORT NO.:COR-19-005
SUBJECT:Encroachment Request 49 OverlandDrive-Storm Sewer
___________________________________________________________________________
RECOMMENDATION:
Subject to staffcomments, thatthe Mayor and Clerk be authorized to execute an
Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of
49 OverlandDrivefor the placement of a storm sewer and headwall onthe
property.
BACKGROUND:
Alphabet Self Storage Inc.has askedfor permission to install a storm sewerand headwall as
part of the proposed stormwater management system for the site of 49 Overland Drive, which
will encroach on adjacent City lands,and Schneider Creekin the City of Kitchener.
REPORT:
Alphabet Self Storage Inc.has requested permission to authorize the placement of a storm
sewer and headwall which they propose to extend10.40 metres onto Cityof Kitchenerproperty.
The entire area of the encroachment is approximately 52 square metres.
The encroachment consists of two parts; first, a headwall structure,which isa small concrete
wall next to the creek and second a treatment called rip rap, which is composed of many stones.
The rip rap treatment is located at the base of the headwall. The proposed encroachment will
empty in
Alphabet Self Storage Inc.will hire a qualified contractor to conduct all construction on City
Property and will berequiresto obtain all appropriate work permits.
Alphabet Self Storage Inc.will also need to enter into a separate maintenance agreement for
the storm sewer and headwallwhich will set out appropriate maintenance standards set by both
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
4 - 1
the City and the Grand River Conservation Area in perpetuity. This maintenance agreement will
also be registered on title.
Through the encroachment circulation process,noconcerns were raised and staff supportthis
encroachment.
Attached is a drawing illustrating the location the proposed installation of a storm sewer,
headwall, and rip rap.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation outlined in this report supports the achievement of the Cstrategic
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
The application fee is $280
additional $235fee will be payable if the encroachment is approved to process the agreement
and register the agreement on title.
COMMUNITY ENGAGEMENT:
INFORM
Standing Committee.
ACKNOWLEDGED BY: Victoria Raab,General Manager,Corporate Services
4 - 2
4 - 3
4 - 4
REPORT TO:Committee of the Whole
th
DATE OF MEETING:January 29, 2019
SUBMITTED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext.7060
PREPARED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext. 7060
WARD (S) INVOLVED:Ward3
th
DATE OF REPORT:December 17,2018
REPORT NO.:COR-19-006
SUBJECT:Encroachment Request Waterloo Region Bus Shelters
___________________________________________________________________________
RECOMMENDATION:
Subject to staffcomments, thatthe Mayor and Clerk be authorized to execute an
Encroachment Agreement, satisfactory to the City Solicitor, with the Region of Waterloo
for the placement of bus shelter and electrical conduit onthe
Block Line near Hanover Street.
BACKGROUND:
Waterloo Regionhas askedfor permission to install a transit shelter and electrical conduit which
would encroach on City landson Block Line near Hanover Street in the City of Kitchener.
REPORT:
The Regionhas requested permission to authorize the placement of bus shelterwith concrete
pads and bus shelter features about2.5 meters by 7.5 meters in size and an electrical conduit
to a hydro pole about 6.25 metres squared on City of Kitchenerproperty located on Block Line
near Hanover Street.
The Regionwill hire a contractor to install the electrical conduit and transit shelter features.
The contractor will also need to complete the work permit process through Transportation
Services, which is required for anycontractor to do .
Through the encroachment circulation process, noconcerns were raised andstaff supportthis
encroachment.
Attached isa diagram of the proposed encroachment.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
5 - 1
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation outlined in this report supports the achievement of the C
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
We do not charge the Region anyfees for such agreements.
COMMUNITY ENGAGEMENT:
INFORM
Standing Committee.
ACKNOWLEDGED BY: Victoria Raab,General Manager,Corporate Services
5 - 2
5 - 3
REPORT TO:Committee of the Whole
th
DATE OF MEETING:January 29, 2019
SUBMITTED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext.7060
PREPARED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext. 7060
WARD (S) INVOLVED:Ward10
th
DATE OF REPORT:December 27,2018
REPORT NO.:COR-19-007
SUBJECT:Encroachment Request 15 Scott Street-sign and awning
___________________________________________________________________________
RECOMMENDATION:
Thatthe Mayor and Clerk be authorized to execute an Encroachment Agreement,
satisfactory to the City Solicitor, with the business ownerand any mortgageeof the
property municipally known as 15 Scott Streettoauthorize the installation of awnings
and signage Scott Street r
BACKGROUND:
The business owner at 15 Scott Street has asked for permission to install a new sign and
a new awning both whichwill encroach over City lands.
REPORT:
The businessowner is asking for permission to place signage for its new business on the façade
of the building. Thissignagewill slightly project over the road allowances and will be above
ground. None of the features are expected to interfere with pedestrian traffic.
This awning will project over the ScottStreet sidewalk by about 0.81 metresand will be about
2.46 metres above the ground.The sign willproject over the Scott Street sidewalk by about
0.86metres and will be about 3.04metres above the ground.
The owner has submitted drawings of the proposed sign and awning. The drawing is attached
to this report. This drawing has been circulated to city staff and to external utilitycompanies for
their comments. There were no concerns raised during the circulation and staff support these
encroachments.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
6 - 1
Of important note, any wording beyond the municipal addressrequires a sign permit. The
encroachment agreement will include a condition that the owner applies for a sign permit, and
-law.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation outlined in this report supports the achievement of the C
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
All fees associated with encroachments will be paid by the applicant. The Application fee of
$280.00 has been paid. Processing fee of $235 will become payable after Council approval.
COMMUNITY ENGAGEMENT:
INFORM
Standing Committee.
ACKNOWLEDGED BY: Victoria Raab,General Manager,Corporate Services
6 - 2
6 - 3
REPORT TO:Committee of the Whole
th
DATE OF MEETING:January 29, 2019
SUBMITTED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext.7060
PREPARED BY:Tanya Kalbfleisch Mazurka, Associate City Solicitor
519-741-2200 ext. 7060
WARD (S) INVOLVED:Ward9
DATE OF REPORT:January 23rd, 2018
REPORT NO.:COR-19-009
SUBJECT:Encroachment Request 475 King StreetE-Multiple features
___________________________________________________________________________
RECOMMENDATION:
comments and approval, that the Mayor and Clerk be authorized to
execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of
the property municipally known as 475King Street Eastto authorize the installationof
multipleencroaching features,all ofwhich will project over
Street East,Madison Avenue South and Cameron Street Southroad allowances
BACKGROUND:
Drewlohas applied for permission to install several wind canopies, stairs and handrails, and a
rampduring construction ofa new mixed-use buildingat 475 King Street East, all of whichwill
,East Madison Avenue South and Cameron Street South road
allowances.
REPORT:
The proposedwind canopies areto bemounted on the building onKing Street East, Madison
Avenue South and CameronStreet Northsides.On King Street East and Madison Avenue
South the canopies willeachproject approximately 1.06 metres
the respective road allowances.On Cameron Street South the canopieswill project
approximately 0.72 metres over the road allowance.
The minimum clearances for the wind canopies will be approximately 4.01 metreson King
Street East,approximately 3.25 metres on Madison Avenue South and approximately 2.84
metres on Cameron Street South.
7 - 1
On King Street East there will also bean accessibility ramp, which will encroach ontothe road
allowance by approximately 3.66 metres.The stairs and handrail on King Street will encroach
approximately 2.75 metres onto the road allowance.
On Cameron Street South a handrail for steps will encroach onto the road allowance by
approximately 0.55 metres.
The attached drawings are being circulated for staff comments and any comments received or
conditions set by staff shall be addressed in the agreement.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation outlined in this report supports the achievement of the Cstrategic
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
All fees associated with encroachments will be paid by the applicant. The Application fee of
$280.00 has been paid. Processing fee of $235 will become payable after Council approval.
COMMUNITY ENGAGEMENT:
INFORM
Standing Committee.
ACKNOWLEDGED BY: Victoria Raab,General Manager,Corporate Services
7 - 2
REPORT TO:Committee of the Whole
DATE OF MEETING:January 29, 2019
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:January 21, 2019
REPORT NO.:COR-19-008
SUBJECT:Appointments to Compass Kitchener and Property Standards Committee
____________________________________________________________________________________________
RECOMMENDATION:
That Roberto Villamar and Melissa Bowman be appointed to Compass Kitchener; and,
That Mike Pulley be appointed to the Property Standards Committee.
BACKGROUND:
After every municipal election, appointments to advisory and quasi-judicial committees take
placeatthe Striking Committee meeting based on the recommendations of the Nominating
Committee (the Committee) which is comprised of members from:
Kitchener Waterloo Community Foundation (KWCF) President/Chief Executive Officer;
Kitchener-Waterloo Multicultural Centre (KWMC) Chief Executive Officer;
United Way Waterloo Region Communities (UWayWRC) Chief Executive Officer;
Capacity Canada (CC) Chief Executive Officer; and,
Greater Kitchener Waterloo Chamber of Commerce (GKWCC) President/Chief
Executive Officer.
Afterthe November 19, 2018 Striking Committee, there remained vacancies on some advisory
committeesincluding Compass Kitchener.
REPORT:
CompassKitchener
The Terms of Reference for Compass Kitchener (Compass) calls for between eight (8) and
twelve (12) members. At Striking Committee in November, only seven (7) citizens were
appointed. Since that time, two (2) applications werereceived for Compassfrom Roberto
Villamar and Melissa Bowman. Because there are more vacancies on Compass than the
number of applications received, the applications have not gone to the Nominating Committee
but rather are being presented directly to Council for consideration.
8 - 1
Property Standards Committee
After Striking Committee convenedand appointments were made,MikePulley, who was
previously on the Property Standards Committee(Property Standards),brought to our attention
that hehad re-applied by the application deadline to be on Property Standards but his application
was not considered. Staff looked into the matter and discovered his application was missed due
to human error. The current online applicationsystemis not fully automated and requires staff
to review all applications including any that are updated in order to make them ready for the
s updated application wasinadvertently
missedduring that review. Upon learning of the error, staff checked and have confirmed no
other applications were missed, and have implemented further checks and balances to ensure
future applications are not missed. Staff been using this online application system since 2014
and this is the first and only time that an application has been missed.
-law stipulates there must be at leastthree (3) memberson
Property Standards. Council appointed four (4) members in November who rotate for each
meeting. Whoever is not sitting serves asa back-up in the event that a member who is
scheduled to sit cannot do so. and the fact that he applied
th
by the deadline, staff is recommending the appointment of Mr. Pulley as a fifth(5) member of
Property Standardsto be part of the rotation.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications with respect to the recommendations.
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
COLLABORATE The members of advisory committees provide advice and recommendations
to Council and, in this way, partner with the City in the decision-making process.
PREVIOUS CONSIDERATION OF THIS MATTER:
COR-18-014 Nominating Committee Appointments to Advisory and Quasi-judicial
Committees (2018-2020)
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services Department
8 - 2
REPORT TO:Committee of the Whole
DATE OF MEETING:January 28, 2019
SUBMITTED BY:Greg St. Louis, Director of Utilities
519-741-2600 ext. 4538
PREPARED BY:Greg St. Louis, Director of Utilities
WARD (S) INVOLVED:All
DATE OF REPORT:January 21, 2019
REPORT NO.:INS-19-001
SUBJECT:Natural Gas Storage & Transportation Contract with Enbridge Gas Inc.
__________________________________________________________________________________________
RECOMMENDATION:
Thatthe Mayor and Clerk be authorized to execute an agreement with Enbridge Gas Inc.
pertaining to natural gas storage and transportation ("T3 Contract") effective April 1,
2019, for a three year term ending on March 31, 2022; and the said agreement is to be
satisfactory to the City Solicitor, as outlined in INS Report INS-19-001.
BACKGROUND:
On October 15, 2018, Enbridge Gas Distribution Inc. and Union Gas Limited amalgamated into
one single utility and effective January 1, 2019 the name of the newly amalgamated utility is
Kitchener Utilities manages all of th
a single T3 contract with Enbridge. The T3 contract with Enbridge provides Kitchener Utilities
with firm access to Enbridge underground gas storage facilities near Sarnia (Dawn) Ontario and
its gastransmission facilities between Dawn and Milton (Trafalgar) Ontario.
Most of the gas used annually by Kitchener Utilities customers is during the winter heating
season. The storage facilities under the T3 contract with Enbridge allows Kitchener Utilities to
inject excess gas supplies into storage during the summer when demand and cost is low and to
withdraw gas from storage during the winter to supplement flowing gas supplies when demand
and cost is high. The storage space and related firm injection and withdrawal rights are the most
customers.
REPORT:
The T3 contract with Enbridge is up for renewal on April 1, 2019 and there are no proposed
changes from the previous T3 contract executed in March of 2017. The T3 Contract is essential
to the gas operations of Kitchener Utilities. The contract provides operating parameters for both
storage and distribution but does not specify rates. The parameters include firm daily contract
quantity, maximum injection/withdrawal from storage, minimum delivery pressure, etc.
***This information is available in accessible formats upon request. ***
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9 - 1
The rates charged by Enbridge under the T3 contract are reviewed and approved by the Ontario
Energy Board (OEB). The OEB will review the rates and allow the public to provide input and
comment on the proposed rates prior to being approved. Accordingly, Kitchener Utilities staff
remains vigilant and participates actively in Enbridge rate hearings before the OEB to ensure its
interests and those of its customers are fairly considered.
There are no alternatives to Enbridge for comparably economic physical connection to gas
gas service to its utility customers.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
through the delivery of core service.
FINANCIAL IMPLICATIONS:
As indicated, the T3 contract provides operating parameters for the storage and distribution of
natural gas however, the rates are reviewed and approved by the OEB. The total estimated cost
associated with this three-year contract is approximately $5.9 million per year based on the
current rate submission to the OEB and an estimated quantity of natural gas. This cost can
change as rates are approved on a quarterly basis with the OEB and vary depending on several
factors including, quantity of gas used and stored and capital improvements to the Enbridge
distribution system.
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
ACKNOWLEDGED BY: Denise McGoldrick, General Manager, Infrastructure Services
9 - 2
REPORT TO:Council
DATE OF MEETING: January 29, 2019
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY:Della Ross, Manager of Development Review ext. 7327
WARD(S) INVOLVED:Ward 1
DATE OF REPORT:January 21, 2019
REPORT NO.: DSD-19-029
SUBJECT:Kitchener Funeral Homes and Crematorium Inc.– 3 Forwell Road
RECOMMENDATION: That Council give approval under Section 83(3) of the Funeral,
Burial and Cremation Services Act, toestablish aCrematorium proposed at 3 Forwell
Road, owned by Kitchener Funeral Homes and CrematoriumInc; and
That under Section 84(4) of the Funeral, Burial and Cremation Services Act, staff be
directed to send a copy of the Council decision to the Provincial registrar and the owner,
and that staff also be directed to publish notice of the decision in the Record.
REPORT:
In April2018, Planning staff provided a zoning occupancy certificate for a funeral home and
crematorium at 3 ForwellRoad. The property is located in the Service Industrial Zone (M-3),
conforms to the zoning by-law and was subsequently issued a building permit.
ecently it came to staff’s attention that under the Funeral, Burial and Cremation Services Act,
R
there is a requirement for the municipality to give approval to establisha crematorium, before
the Province can issue a license for the crematorium.This approval is above and beyond all
other municipal requirements.
As part of the approval, the municipality mustgive consideration as to whether the crematorium
is in the public interest. Once the municipality has made a decision, there is a requirement to
send a copy of that decision, and the reasons for it, to the Provincial registrar and to publish a
notice of the decision in a local newspaper. There is the ability for the applicant, registrar or any
person to appeal the decision of Council to the Local Planning Appeal Tribunal.
Staff have reviewed the request for a crematorium at this location and are of the opinion that it
is in the public interest and are recommending that Council give its approval as required under
the Funeral, Burial and Cremation Services Act. The reasons for staff’s recommendation are as
follows.
*** This information is available in accessible formats upon request. ***
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10 - 1
1)The crematorium is located in a ServiceIndustrial Zone (M-3). This zone permits a funeral
homeuse. While there is no specific definition of funeral home under Zoning By-law 85-1, a
crematorium is considered an accessory use to a funeral home. The Service Industrial Zone
permits a long listofuses, including manufacturing uses,which could have appliances that
operate and require approvals from the Ministry of the Environment Conservation and Parks
(MOECP) similar to a crematorium. In staff’s opinion, there is an understanding that
crematorium use needs to be considered in the City of Kitchener and that the M-3 zone is an
appropriate zone for such use.
2)While there is no specific locational criteria prescribed in the Funeral, Burial and Cremation
Services Act, the crematorium is 250 metres from the nearest proposed residential zone and
350 metresfrom any existing residential use.Planning staff are of the opinion that this is an
appropriateseparation distance.
3)Approval has been given by the Environmental Commissioner of Ontario (MOECP). The
Environmental Registry indicates that an Environmental Compliance Approval (Air and
Noise) has been issued to Kitchener Funeral Homes & Crematorium Inc., for operating a
crematorium in Kitchener, Ontario. The approval includes one crematorium unit. There was
a 45 day public consultation period and the Ministry received 0 comments. It is staff’s
understanding that there isrigourous requirements through the MOECP approval for
emissions, noise and operations. Both the environmental approval andthe municipal
approval are required prior to a licence being issued by the Provincial registrar for the
crematorium.
4)A building permit was issued in May 2018 and the construction of the funeral home, including
the installation of the crematorium, is nearing completion.Discussions with building staff
confirm that the crematorium is situated in its own room and with appropriate fire separation,
venting and clearances as per building code requirements. There is a viewing area that is
sufficiently separated from the crematorium by fire proof glass. Building staff also mentioned
there isfurther testing required by MOECP as part of the operation of the crematorium.
Building staff have no concerns at this time with the proposed crematorium and final permit
approval is expected in the next 3 to 4 weeks.
5)Fire staff are also aware of the crematorium and areinvolved in the building permit process.
This includes ensuring appropriate separations and appliance evaluation. Appropriate fire
alarm systems will be in place and inspections prior to occupancy will include a fire safety
plan for both operators and visitors to the crematorium. Fire staff indicated they have no
concerns with the proposed crematorium.
6)The applicant erected a sign notifying the public that a crematorium isproposed on the site.
The signis located on the front of the property on Victoria Street and is of a size that it is
clear to neighbouring property owners and the general public that a crematorium is proposed.
Staff have had no inquiries from the public.
10 - 2
7)While the Funeral, Burial andCremation Services Act does not require a public meeting, the
Council meeting thatthis report is being consideredatis a public meeting. The report and
notice of the meeting will beavailable on the City’s website.
For thereasons cited above, staffare of the opinionthat there has been sufficient review for the
safety and operation of the crematorium by our building and fire staff as part of the building
permit process. Also MOECP approval has been given with respect to noise and emissions for
thecrematorium. The site is located in an industrial zone with a goodseparationdistance from
any adjacent residential uses.
There has been sufficient public notificationand opportunity for input,through the MOECP
process and signage on the property, with noinquiriesreceived. The Council decision will be
made at a public meeting. Based on these criteria, along with a thorough and thoughtful review,
staff are of the opinion that the public interest is being met and the crematorium is an appropriate
use in this location.
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:
N/A
COMMUNITY ENGAGEMENT:
This approval is being considered under Section 83(3) of the Funeral, Burial and Cremation
Services Act. As part of the licence requirementMOECP approval was obtained which has a
public consultation component. There is clear signage on the property of the intent to operate a
crematorium. The council meeting where this report is being considered is a public meeting that
will be advertisedalong withthe report on the City’s website. A copy of the City’s decision will
be posted in the Record.
CONCLUSION:
Based on thereview of the criteria noted above, staff are of the opinion that the public interest
has been considered and is beingmet,andrecommend that Council give their approval for the
crematorium proposed at 3 Forwell Road.
REVIEWED BY:Larry Tansley, Assistant City Solicitor
ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services
10 - 3
REPORT TO:Committee of the Whole
DATE OF MEETING:2019-01-29
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:2019-01-11
REPORT NO.:FIN-19-005
SUBJECT:Summary of Bid Solicitations Approved by the Director of Supply
Servicesor Designate(October1, 2018 December31, 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 seven(7)
FINANCIAL IMPLICATIONS:
All recommendations awarded by the Director of Procurementordesignate, were within
approved budgets.
ACKNOWLEDGED BY: Jonathan Lautenbach, Chief FinancialOfficer, Financial Services
Department
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
11 - 1
1920
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650396
PortionPortion
,,
5431
$$
Including
(
Award Amount
City of Kitchener City of Kitchener
, 2018)
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da Ltd.
a
Awarded
Vendor(s)
Bang the Table CanVancouver BCRiepert Salt & SuppliesWaterloo ON
December
s.
City
while
,
, which
operative
, 2018
-
1
.
al Municipality
strict School Board,
October
he Region
and City of Waterloo
for users to provide input.
,
Description
ticipating agencies included; City of
an online public engagement tool
Cambridge
. Par
have
.
ng methods
and delivery of water softener salt and ice
of Waterloo and Area Municipalities are working
operative tender issued by the City of Cambridge
-
, City of
operative Tender issued by t
-
Guelph/Wellington, County of Wellington, The Elliot
-
term with option to renew for 4 additional 1 year periods.
he supply
provide an intuitive interface for public users and staff
Listing of Approved Bid Solicitations (
Kitchener
yearyear term with option to renew for 4 additional 1 year period
his is a co
The Regioncollaboratively to will providing engagiTof Waterloo (Lead Agency). Participating agencies include: of 3For tmelting productsThis is a co(Lead Agency), on behalf of the Grand
River CoProcurement Group (GRCPG) and the Guelph Cooperative Purchasing GroupKitchener, City of Cambridge, City of Waterloo, Community Living Community, Kitchener Public Library, Region
of Waterloo, Township of North Dumfries, Upper Grand DiWaterloo Catholic School Board, Waterloo District School Board, Wellington Catholic School Board, Wellington/Dufferin/Guelph Public
Health and Wilfrid Laurier University1
-
Appendix 1
Operative)
Online
-
011 160 Supply and
--
Bid Solicitation
Number & Name
FPO18Public Engagement System (CoFPO18Delivery of Water Softener Salt and Ice Melting Products (Cooperative)
11 - 2
0002
..
538
000
,,
(Budget)
7074
$2
$
BC
Kehoe Le DistributorsCambridge ONUrban Systems Limited Vancouver
mine the
Use Trails
-
.
law
-
for fire department uniforms remained the
ing
087 Kitchener Fire Department Uniform Program.
pric
% from the 2018 contract.
that this project will follow the master plan approach
-
7
ocial cohesion. With the adoption of both the
Kehoe Le Distributors, Cambridge, Ontario, was
,
renewal
identified projects within the plan.
-
year term with option to renew for 3 additional 1 year periods.
lowed by the previous by
The price for water softener salt and ice melting materials has increased 2.For the renewal of the contract for supply and delivery of fire department uniforms. In 2017awarded P17An
extensive process was completed in order to deterwinning proponent. The estimated spend against the contract at that time was noted as $25,000 per year, so a formal recommendation
did not go to Council as the spend over the term of the contract would have been less than the original $125,000 al1The same from the 2018 contract pricing.Cities around the world have
found that investments in high quality bicycle infrastructure leads to a more equitable transportation system, better quality of life for its citizens and stronger sand Pathways Master
Plan in 2012, the city is well on its way to making Kitchener a more cycling and walking friendly community.It is expected within the Municipal Class Environmental Assessment (MCEA)
guide and will, at a minimum, complete the EA requirements for city
Kitchener Fire
87
0047 Professional
--
7
P1Department Uniform ProgramP18Services: Cycling and Trails Master Plan
11 - 3
472.72
354.35223.28
,,,
1
865
$$107
$
nd
Dirt Cheap Inc.Kitchener ONCorporate Express Canada Inc., o/a Staples Advantage CanadaMississauga ONaMcCordick, A Bunzl CompanyCambridge ONWeber Supply Company Inc.Kitchener ON
)
5%
.
(
.
Urban
five
,
decreased 1
as
h
This tender is a split
ulch
four (4) candidates for further
were reviewed and rated
December 17, 2018
and m
ed
soils, conditioners and mulches
Monday
onditioners
.
contract.
c
8
Vancouver B.C.
oils,
201
s
and rating
2017/
.
term with option to renew for 2 additional 1 year periods.
year term with option to renew for 2 additional 1 year periods. yearyear term with option to renew for 2 additional 1 year periods.
y the closing date of
Bproposals had been received andThe review committee shortlistinterviewsThe committee recommended awarding the project to Systems Limited, For the supply and delivery of 1The price for
from the For the supply and delivery of work gloves. award.1The price for work gloves has decreased 9.7% from the 2017/18 contract. For the supply and deliver of safety spill response
and traffic supplies1
Mulch
and
099 Supply Soils, 124 Work Gloves172 Safety, Spills
---
T18Conditioners T18T18Response, and Traffic Supplies
11 - 4
& traffic supplies has
The overall price for safety, spills responsedecreased 6.2% from the 2017/18 contract.
11 - 5
REPORTS TO BE CONSIDERED BY COUNCIL
JANUARY 29, 2019 CITY OF KITCHENER
FINANCE AND CORPORATE SERVICES COMMITTEE JANUARY 21, 2019
1. That the Mayor and Clerk be authorized to execute a funding agreement, subject to the
satisfaction of the City Solicitor, as outlined in Development Services Department report DSD-
18-163, with the Ontario Business Improvement Area Association (OBIAA) for the Digital Main
Street program to be deliv
Centre.
2. That for the fiscal year 2019, 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 Financial Services Department report FIN-19-003, be redistributed
to those organizations as intended by the donor.
3. That the list of proposed Neighbourhood Associations attached to Community Services
Department report CSD-19-001, be approved for affiliation for the year 2019 and added to the
4. That the Uniform Traffic By-law be amended for the installation of an all-way stop at the
intersection of Seabrook Drive and Woodbine Avenue, as outlined in Development Services
Department report DSD-19-004.
5. That the City of Kitchener 2019 Business Plan Project List, as oChief
-19-001 be approved, subject to budget deliberations; and,
That staff be directed to include Affordable Housing in the 2019 Business Plan; and,
That staff be directed to collaborate in partnership with Kitchener Housing Inc. and other
community partners, on ways to achieve increasing the supply of affordable housing in the City;
and further,
That staff be directed to bring forward Affordable Housing as a possible priority item for
consideration during the 2019-2022 Strategic Planning Process.
6. That Mary Neil be appointed as the 2019 City of Kitchener Artist-in-Residence as recommended
by the Public Art Working Group and Arts and Culture Advisory Committee; and further,
That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of
the City Solicitor, with Mary Neil, outlining the obligations of the Artist-in-Residence appointment,
as outlined in Development Services Department report DSD-19-003.
7. That the Mayor and Clerk be authorized to sign an agreement, subject to the satisfaction of the
City Solicitor, as outlined in Corporate Services Department report COR-19-001, with Signum
Wireless to enter a land lease agreement for the purpose of installation of a telecommunications
tower at 1440 Huron Road; and further,
That the annual revenue from this land lease agreement be used to fund Digital Kitchener
initiatives equally split between funding for community facing technology investments and
funding to support internal digital transformation initiatives.