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HomeMy WebLinkAboutCouncil Agenda - 2019-06-24 COUNCIL AGENDA MONDAY, JUNE 24, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER (TELEVISED) 200 KING STREET WEST 1. COMMENCEMENT Singing of "O Canada". 2. MINUTES Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held May 27, 2019 and special meetings held May 27, June 10 & 17, 2019) Councillor D. Chapman. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE a. Appeal Support Centre (LPASC), dated May 14, 2019 from Minister Steve Clark, Minister of Municipal Affairs and Housing. b. More Choice Act, 2019, dated May 31, 2019 from Laura Taylor, Procedural Services Assistant, Legislative Assembly of Ontario. 5. PRESENTATIONS NIL 6. DELEGATIONS a. Gordon Nicholls Regarding Development Services Department report DSD-19-133, listed as item 3 under the Planning and Strategic Initiatives Committee report dated June 10, 2019. b. The following delegations have registered regarding Climate Emergency, listed as Item 9.b. under New Business: Laura Hamilton Angela Carter Caterina Lindman Sophia Kudriavtsev 7. REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS NIL 9. NEW BUSINESS a. Neighbourhood Association Board Membership Councillor S. Davey has given notice that he will introduce the following motion for consideration this date: WHEREAS the City is proud to work with volunteers from the many neighbourhood associations across our community to help provide a variety of programs and resources within our community; and, WHEREAS Neighbourhood Associations assist in the developing stronger communities by providing access to affordable activities, programs and events that encourage a sense of community; and, WHEREAS the Neighbourhood Associations are not-for-profit organization that rely heavily on dedication and hard work of their board members who volunteer their time to help to improve the quality of life for others; *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, JUNE 24, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 2 - 200 KING STREET WEST THEREFORE IT BE RESOLVED that staff be directed to explore new ways to recognize and incentivize Neighbourhood Board membership, possibly through free swimming passes etc. as a means of encouraging volunteer participation. b. Climate Emergency Councillor B. Ioannidis has given notice that he will introduce the following motion for consideration this date: limiting global warming to 1.5 degrees as per the COP21 Paris Agreement; the world; WHEREAS Cities are significant contributors to climate change, consuming more carbon emissions; WHEREAS the City of Kitchener is committed to climate action and understand our role as a global citizen and the need to be prepared for the effects of climate change; WHEREAS the City of Kitchener has an approved Corporate Climate Action Plan, which is a detailed strategy for reducing our corporate level GHG (greenhouse gas) emissions, with an absolute GHG emissions target reduction of 8 per cent from 2016 levels by 2026; WHEREAS the City of Kitchener has reduced its GHG emissions by almost 3000 tons since 2010; WHEREAS the City of Kitchener is currently workings towards stage three of International Council for Local Environmental Initiatives (ICLEI) - Building Adaptive & Resilient Communities (BARC) Program for climate adaptation; WHEREAS the City of Kitchener has committed to community climate action by setting a 80% greenhouse gas emission reduction target from 2010 levels by 2050. THEREFORE IT BE RESOLVED that the City of Kitchener is declaring a climate emergency with the directive to provide continued support to corporate and community climate action at the City and work towards improved targets where c. Leisure Access Program Councillor P. Singh has given notice that he will introduce the following motion for consideration this date: WHEREAS the City of Kitchener relies on partnerships with our neighbourhood associations and community volunteers to run many of the programs in our facilities; WHEREAS community neighbourhood associations that provide programming, have varying capacities to provide free programming for members of the community with financial constraints; WHEREAS there are demographics of our community for whom any level of programming cost becomes a barrier for participation; WHEREAS the Leisure Access Program (LAC) is made available to subsidize the cost of access to city facilities and city run programs to ensure inclusion by all; COUNCIL AGENDA MONDAY, JUNE 24, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 3 - 200 KING STREET WEST THEREFORE BE IT FINALLY RESOLVED that staff be directed to prepare an issue paper for the 2020 budget process to explore options to expand the LAC program to cover fees for programs run by neighbourhood associations. d. Regional Council Update Mayor B. Vrbanovic. 10. QUESTIONS AND ANSWERS 11. BY-LAWS --- 1ST READING a) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of a motor vehicle on private property. (Amends By-law 2010-190 to add or delete areas of jurisdiction.) b) Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener Strawberry Park Inc. 142 Rosemount Drive. (Amends By-law 85-1 to allow for the development of multiples and 746R imposes setbacks, heights, parking, FSR and an overall unit count of 76.) c) Being a by-law to provide for the establishing and laying out of part of Rivertrail Avenue as public highway in the City of Kitchener. (Conveys 0.3m reserves pursuant to conditions of Subdivision 30T 10202.) d) Being a by-law to assume certain lands within the City of Kitchener as public highway. (Assumes lands shown on registered plans of subdivision as public highways, streets or lands pursuant to Section 31(4) of the Municipal Act, 2001, c.25.) e) Being a by-law to amend By-law 2017-079 to extend the time period for exemption from Part Lot Control on Part of Block 1, 58M-504 and Part of Block 1, 58M-505 Forest Creek Drive. (Exempts lands shown on Forest Creek Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-079 for a further two year period.) f) Being a by-law to amend By-law 2017-082 to extend the time period for exemption from Part Lot Control on Part of Blocks 2 and 3, Blocks 4, 29 and 45, Registered Plan 58M- 504 and Part of Block 8, Registered Plan 58M-505- Hollybrook Trail and Forest Creek Drive. (Exempts lands shown on Hollybrook Trail and Forest Creek Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-082 for a further two year period.) g) Being a by-law to amend By-law 2017-083 to extend the time period for exemption from Part Lot Control on Blocks 10, 11, 15, 16, 17, 18, Registered Plan 58M-504 Hollybrook Trail and Pondcliffe Court. (Exempts lands shown on Hollybrook Trail and Pondcliffe Court from Part Lot Control. This is an extension of the time period set out in Bylaw 2017- 083 for a further two year period.) h) Being a by-law to amend By-law 2017-084 to extend the time period for exemption from Part Lot Control on Blocks 7, 8, 25 and 26, Registered Plan 58M-504 Pondcliffe Drive. (Exempts lands shown on Pondcliffe Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-084 for a further two year period.) i) Being a by-law to amend By-law 2017-086 to extend the time period for exemption from Part Lot Control on Part of Blocks 24, 27, and 28, Registered Plan 58M-504- Pondcliffe Drive. (Exempts lands shown on Pondcliffe Drive from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-086 for a further two year period.) j) Being a by-law to amend By-law 2017-087 to extend the time period for exemption from Part Lot Control on Block 21 and Part of Blocks 22 and 23, Registered Plan 58M-504 Pondcliffe Drive and Doon Creek Street. (Exempts lands shown on Pondcliffe Drive and Doon Creek Street from Part Lot Control. This is an extension of the time period set out in Bylaw 2017-087 for a further two year period.) COUNCIL AGENDA MONDAY, JUNE 24, 2019 CITY OF KITCHENER 7:00 P.M. - COUNCIL CHAMBER - 4 - 200 KING STREET WEST k) Being a by-law to exempt certain lots from Part Lot Control Blocks 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Registered Plan 58M-627 Robert Ferrie Drive and Caryndale Drive. (Exempts lands shown on Robert Ferrie Drive and Caryndale Drive Court from Part Lot Control.) l) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to fences. (Deletes and substitutes Section 630.5.1 (c) in its entirety.) m) To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE Chair, Councillor D. Chapman. 13. REPORT OF THE COMMITTEE OF THE WHOLE 14. BY-LAWS --- 3RD READING a) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of a motor vehicle on private property. b) Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law for the City of Kitchener Strawberry Park Inc. 142 Rosemount Drive c) Being a by-law to provide for the establishing and laying out of part of Rivertrail Avenue as public highway in the City of Kitchener. d) Being a by-law to assume certain lands within the City of Kitchener as public highway. e) Being a by-law to amend By-law 2017-079 to extend the time period for exemption from Part Lot Control on Part of Block 1, 58M-504 and Part of Block 1, 58M-505 Forest Creek Drive f) Being a by-law to amend By-law 2017-082 to extend the time period for exemption from Part Lot Control on Part of Blocks 2 and 3, Blocks 4, 29 and 45, Registered Plan 58M- 504 and Part of Block 8, Registered Plan 58M-505- Hollybrook Trail and Forest Creek Drive g) Being a by-law to amend By-law 2017-083 to extend the time period for exemption from Part Lot Control on Blocks 10, 11, 15, 16, 17, 18, Registered Plan 58M-504 Hollybrook Trail and Pondcliffe Court h) Being a by-law to amend By-law 2017-084 to extend the time period for exemption from Part Lot Control on Blocks 7, 8, 25 and 26, Registered Plan 58M-504 Pondcliffe Drive i) Being a by-law to amend By-law 2017-086 to extend the time period for exemption from Part Lot Control on Part of Blocks 24, 27, and 28, Registered Plan 58M-504- Pondcliffe Drive j) Being a by-law to amend By-law 2017-087 to extend the time period for exemption from Part Lot Control on Block 21 and Part of Blocks 22 and 23, Registered Plan 58M-504 Pondcliffe Drive and Doon Creek Street k) Being a by-law to exempt certain lots from Part Lot Control Blocks 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Registered Plan 58M-627 Robert Ferrie Drive and Caryndale Drive l) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to fences m) To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE AGENDA MONDAY, JUNE 24, 2019 CHAIR COUNCILLOR D. CHAPMAN 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-19-052 T19-021 Supply of Asphalt Products That Tender T19-021 Supply of Asphalt Products, be awarded as follows: Coco Paving Inc., Petersburg, Ontario, at their tendered unit pricing on HL- 2, HL-3, HL-4, HL-8, Driveway Mix and SS-1, for work north of King Street; and, Kitchener Asphalt Limited, St. Jacobs, Ontario, at their tendered unit pricing on HL-2, HL-3, HL-4, HL-8, Driveway Mix and SS-1, for work south of King Street; and, Innovative Surface Solutions Canada, Ajax, Ontario, at their tendered unit pricing for High Performance Cold Mix, for all work, for a one (1) year term, with an option to renew for two (2) additional twelve (12) month terms. ii. FIN-19-054 T19-102 Natural Gas Pressure Regulators, Meter Bars and Related Materials That Tender T19-102 Natural Gas Pressure Regulators, Meter Bars and Related Materials, be awarded as follows: Tender items 1, 2, 3, 4, 5, 11, 12 and 13 to KTI Limited, Aurora, Ontario, at their tendered price of $683,994.57, plus H.S.T. of $88,919.29, for a total of $772,913.86; and, Tender items 6, 7, 8, 9 and 10 to C.R. Wall & Company Incorporated, Cambridge, Ontario, at their tendered price of $279,290. plus H.S.T. of $36,307.70, for a total of $315,597.70, for a one (1) year term. iii. FIN-19-055 T19-073 David Bergey Drive (Ottawa Street South to Activa Avenue) Sanitary Sewer Replacement and Restoration That Tender T19-073 David Bergey Drive (Ottawa Street South to Activa Avenue) Sanitary Sewer Replacement and Restoration, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $2,969,170.50, including provisional items and contingencies of $327,820., plus H.S.T. of $385,992.17, for a total of $3,355,162.67. iv. FIN-19-056 T19-087 Sandhills Park Rehabilitation That Tender T19-087 Sandhills Park Rehabilitation, be awarded to Bomar Landscaping Inc., at their tendered price of $159,591.96, plus H.S.T. of $20,793.75, for a total of $180,745.71. 2 COMMITTEE OF THE WHOLE JUNE 24, 2019 B. ADMINISTRATIVE REPORTS - CONT'D v. FIN-19-057 T19-116 Steel Pipe for Natural Gas Distribution That Tender T19-116 Steel Pipe for Natural Gas Distribution, be awarded to Comco Pipe & Supply Company, Puslinch, Ontario, at their provisional price of $154,512.00, plus H.S.T. of $20,086.56, for a total of $174,598.56. 2. CSD-19-019 Victus Academy LP Licence Agreement Renewal Attached is Community Services Department report CSD-19-019 (K. Kugler) dated June 12, 2019. That the Mayor and Clerk be authorized to execute a licence agreement with Victus Academy LP for space at Sportsworld Arena, municipally known as 35 Sportsworld Crossing Road, said agreement to be satisfactory to the City solicitor, as outlined in Community Services Report CSD-19-019. 3. CSD-19-021 Heritage Greens Lawn Bowling Club Licence Agreement Attached is Community Services Department report CSD-19-021 (K. Kugler), dated June 17, 2019. That the Mayor and Clerk be authorized to execute a licence agreement with Heritage Greens Lawn Bowling Club for the lawn bowling area located at 600 Heritage Drive, said agreement to be satisfactory to the City solicitor, as outlined in Community Services Report CSD-19-021. 4. COR-19-032 Sign Variances 1250 Victoria Street South and 525 Highland Road West Attached is Corporate Services Department report COR-19-032 (D. Saunderson), dated June 18, 2019. That the application of WATERLOO REGION DISTRICT SCHOOL BOARD (SG 2019-012 - 1250 Victoria Street South) requesting permission to replace the existing sign with a ground-supported sign having automatic changing copy located 75m from a residential zone rather than the required 100m; and, for the sign to only have the civic number whereas the By-law requires the sign to have the civic number and street name, on Block 153, Plan 1689, 1250 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit from the Planning Division. 2. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 6:00 a.m. 3. That the owner shall complete the above noted Condition 1 prior to December 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 this decision. Failure to fulfill these conditions will result in this approval becoming null and void. - and - That the application of HIGHLAND PARK SHOPPING CENTRE LTD (SG 2019- 013 - 525 Highland Road West; requesting permission to for multi-unit commercial building to have fascia signs with a width of 100% of the individual unit rather than the maximum 90%; and, to have a separation distance between the fascia signs 3 COMMITTEE OF THE WHOLE JUNE 24, 2019 B. ADMINISTRATIVE REPORTS - CONT'D of 0.08m rather than the required 0.3m, on Part Lot 21, Plan 1004, being Parts 1 to 4 on Reference Plan 58R-5638, 525 Highland Road West, Kitchener, Ontario, BE APPROVED. 5. COR-19-033 Dangerous Dog Designation Appeal - Dosch Attached is Corporate Services Department report COR-19-033 (J. Rodrigues), dated June 18, 2019. That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Holly Dosch, wherein the Committee substitutes the Dangerous Dog Ontario and assigns the Designation of Potentially Dangerous along with conditions for the keeping of said dog, be ratified and confirmed. 6. COR-19-034 Appointment of Tribunal Members Lodging House Application Attached is Corporate Services Department report COR-19-034 (H. Fylactou), dated June 19, 2019. That Councillors 1.________________, 2._______________, and 3._______________be appointed as the members of the Licensing Tribunal for a term ending November 30, 2019. 7. COR-19-035 Encroachment Request: 51 Thorncliffe Street Pool Encroachment Over City Easement Attached is Corporate Services Department report COR-19-035 (E. Kearney), dated June 19, 2019. That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 51Thorncliffe Street to authorize the erection of an above-ground pool on said property. 8. DSD-19-102 Municipal Accommodation Tax - Implementation Attached is Development Services Department report DSD-19-102 (C. Bluhm), dated June 17, 2019. That the Municipal Accommodation Tax By-law, included in Report DSD-19-102 Appendix A, be approved; and, That the establishment of a new Municipal Accommodation Tax Reserve Fund be approved in accordance with Report DSD-19-102, Appendix B. 9. DSD-19-157 Middle Strasburg Trunk Sanitary Sewer Credit/Refund Agreement Request Attached is Development Services Department report DSD-19-157 (H. Gross), dated March 20, 2019. That Council authorize the Mayor and Clerk to execute a development charges credit/refund agreement with the developers (Kitchener Green Developments Inc., Kitchener Green 3 Developments Inc., 2079546 Ontario Limited, Mattamy (South Estates) Limited, Cook (South Estates) Limited, Max Becker Enterprises (II) Limited) in respect to the developers payment for the costs of the engineering fees and construction of the Middle Strasburg Trunk Sanitary Sewer (MSTSS). In 4 COMMITTEE OF THE WHOLE JUNE 24, 2019 B. ADMINISTRATIVE REPORTS - CONT'D addition the agreement will contain provisions authorizing the acceptance of lands from the developers by the municipality on which the project will be constructed, to the satisfaction of the City Solicitor. C. FOR INFORMATION 10. FIN-19-053 2019 April Variance Report Attached is Financial Services Department report FIN-19-053 (R. Hagey), dated June 12, 2019. Rise and Report REPORT TO:Committee of the Whole DATE OF MEETING:2019-06-24 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Steve Rudak, Procurement Specialist,519-741-2200 ext. 7213 WARD (S) INVOLVED:All DATE OF REPORT:2019-05-27 REPORT NO.:FIN-19-052 SUBJECT:T19-021 Supply of Asphalt Products __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-021 Supply of Asphalt Products, be awardedas follows: Coco Paving Inc., Petersburg, Ontario, at their tendered unit pricingon HL-2, HL-3, HL-4, HL-8, Driveway Mix and SS-1, for work north of King Street; and, Kitchener Asphalt Limited, St. Jacobs, Ontario, at their tendered unit pricingon HL-2, HL- 3, HL-4, HL-8, Driveway Mix and SS-1,for work south of King Street; and, Innovative Surface SolutionsCanada, Ajax, Ontario, at their tendered unit pricing forHigh Performance Cold Mix, for all work, for a one (1) year term, with an option to renew for two (2) additional twelve(12) month terms. BACKGROUND: Asphalt is an on-going maintenance, repair and operational requirement for repair/restoration of city streets, walks and pathways. The award of this tender is split in order to allow OperationsRoads and Trafficstaff efficient access to asphalt materials based on the proximity of the work site in relation to the asphalt pick- up locations. This tender is based on fixed unit prices, for a one year term and on an estimated representative sampling of asphalt materials used in the previous year. The spend over the past three (3) years was $951,250.53. The actual spend will depend on the level of activity throughout the term of the contract. 1.i - 1 REPORT: Tenders were advertised publicly on the City of Kitchener website. Documents were downloaded by seven (7)interested parties and by the closing date of Tuesday April 23, 2019,five (5) tenders had been received. The following tenders were received: Bid Price Innovative Surface Solutions CanadaAjax ON$ 93,084.88* Black Armour Asphalt Products IncorporatedAldergrove BC$ 115,712.00 Coco Paving Inc.Petersburg ON$ 461,136.05* Kitchener Asphalt LimitedSt. Clements ON$ 491,773.18* Brantco ConstructionCambridge ON$2,051,515.00 Innovative Surface Solutions Canada and Black Armour Asphalt Products Inc., only bid on one item (high performance coldmix). This item is being awarded to the lowest bid meeting specifications. Coco Paving Inc. and Kitchener Asphalt Limitedare low bidders for awardof work north of King Street and south of King Street respectfully. The price for asphalt products has increased 6.5% from the 2018 contract. The tender was reviewed by C. Greenwood, Supervisor Operations, Roads, who concurs 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 as required. COMMUNITY ENGAGEMENT: INFORM council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.i - 2 REPORT TO:Committee of the Whole DATE OF MEETING:2019-06-24 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Alex Albrecht,Associate Procurement Specialist519-741-2200 ext.7216 WARD (S) INVOLVED:N/A DATE OF REPORT:2019-06-05 REPORT NO.:FIN-19-054 SUBJECT:T19-102Natural Gas Pressure Regulators, Meter Bars and Related Materials __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-102 Natural GasPressure Regulators, Meter Bars and Related Materials, be awardedas follows: Tender items 1,2,3,4,5,11,12and 13to KTI Limited,Aurora,Ontario, at their tendered price of $683,994.57,plus H.S.T. of $88,919.29,for a total of $772,913.86; and, Tender items 6,7,8,9and 10 to C.R.Wall & Company Incorporated,Cambridge,Ontario, at their tendered price of $279,290. plus H.S.T. of $36,307.70,for a total of $315,597.70, for a one (1) year term. BACKGROUND: Natural gas pressure regulators, meter bars, and related materials arefor ongoing maintenance, repair and operational (MRO) requirementsof Kitchener Utilities.The materials are common fittings required to assemble and repair typical residential and small commercial meters sets. This tender is based on fixed unit prices, based on an estimated amount ofnatural gas pressure regulators, meter bars and related materialsrequired over the next year. The average annual spend over the past three(3) years was $419,527.44, before taxes. Due to life cycle, in 2019,there will be approximately15,000 metersetsthat are at the end of their seal lifecycle. Approximately,6,000 meter sets will be sampled to see if the seal lifecan be extendedand the other 9,000will need to be removed and replaced. The actual spend will depend on the level of activity throughout the term of the contract. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.ii - 1 REPORT: Tenders were advertised publicly on the City of Kitchenerwebsite. Documents were downloaded by four(4) interested parties and by the closing date of WednesdayJune 12, 2019,three(3) tenders had been received. The following tenders were received: Bid PriceAward Price(incl. HST) C.R.Wall & CompanyCambridge ON$ 372,302.63$315,597.70* Lakeside Process ControlsMississauga ON$1,191,754.50 KTI LimitedAurora ON$1,256,032.37$772,913.86* The tender award is being split between two (2) companies, to the lowest price per line item complete to specifications. The price for natural gaspressure regulators, meter bars and related materialshas decreased lessthan a percentfrom the 2018contract. The tender was reviewed by L.Jones,Utilities Engineer, who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. 1.ii - 2 FINANCIAL IMPLICATIONS: The net cost for this tender (A), is fair and reasonable for a project of this scope and the upset limit is within the funding available (B) for this project. Funding for this project is included within the approved capital budgets. The estimated surplus (D) will remain within the account to fund future purchases. T19-102 Natural Gas Pressure Regulators, Meter Bars and Related Materials Estimated Cost for this project Tender T19-102 costs, including HST $ 1,088,511.56 less: HST rebate (125,226.99) Net Cost Being Awarded 963,284.57 A Projected Costs - Total Estimated Cost $ 963,284.57 C Budget for this project Gas Meter Budget 1,000,000.00 Total Budget for this purchase $ 1,000,000.00 B Estimated Surplus/(Deficit) for this Phase of Work (B -C) $ 36,715.43 D COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.ii - 3 REPORT TO:Committee of the Whole DATE OF MEETING:2019-06-24 SUBMITTED BY:Margaret Fisher,Director of Procurement,519-741-2200 ext. 7214 PREPARED BY:Polina Semenov, ProcurementSpecialist,519-741-2200 ext. 7037 WARD (S) INVOLVED:Ward5 DATE OF REPORT:2019-06-10 REPORT NO.:FIN-19-055 SUBJECT:T19-073David Bergey Drive (Ottawa Street South to Activa Avenue) Sanitary Sewer Replacement and Restoration __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-073 David Bergey Drive (Ottawa Street South to Activa Avenue) Sanitary Sewer Replacement and Restoration, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at theirtendered price of $2,969,170.50,including provisional items and contingencies of $327,820.,plus H.S.T. of $385,992.17, for a total of $3,355,162.67. BACKGROUND: Engineering is proceeding with David Beregy Drive (Ottawa Street South to Activa Avenue) Sanitary Sewer Replacement and Restoration. The project scope is the removal of the existing 375millimetre and450millimetrediameter sanitary sewersalong David Bergey Drive from Ottawa Street South to Activa Avenue and replace with a new 600millimetrediameter sanitary sewersup to 8.0metres deep. While the tendered cost is significantly over the estimated cost Engineering would justify proceeding on the following basis: Ώ There is currently a Council approved Credit for Service Agreement in place with Activa Group for the construction of the Ottawa Trussler Sanitary Pumping Station that will be going to tender shortly.In order for the pumping station to come on line and service a built-out Stage 1 of the Ottawa Trussler Subdivision, the David Bergey sanitary sewer needs to be upgraded from existing conditions or surcharging of the sewers will occur; Ώ This was a competitive tender process with six (6) bids received from reputable contractors; Ώ The low bid received is a fair price based on the scope of work and re-tendering would likely result in a higher price; Ώ In order for the works to proceed at the intersection of David Bergey Drive an Activa Avenue, Activa Avenue will need to be closed to traffic for approximately 10 working days. The two nearby schools, W.T.Townshend Public School and John Sweeney Catholic ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.iii - 1 School, use Activa Avenue for school bus routes and the optimal time of year to shut down the intersection is during the months of July and August. The project is scheduled to begin July 15,2019. REPORT: Tenders were advertised publiclyonthe City of Kitchener website. Documents were downloaded by twenty-eight(28) interested parties and by the closing date of Monday, June 3, 2019,six(6) tenders had been received. The following tenders were received: Bid Price Regional Sewer and Watermain Ltd Cambridge ON $3,355,162.67* Bel-Air Excavating & Grading Ltd. Cambridge ON $3,981,317.71 Navacon Construction Inc. Brantford ON $3,982,591.27 Sierra Infrastructure Inc Woodstock ON $4,059,210.05 Capital Paving Inc Guelph ON $4,519,011.17 Network Sewer and Watermain Ltd Cambridge ON $5,276,805.48 The tenders were reviewed by C. Argueta, AECOMN. Melanson,Engineering Technologistwho concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. 1.iii - 2 FINANCIAL IMPLICATIONS: In addition to the costs anticipated in this tender, the design and implementation of these types of projects typically involves city staff and resources from across the corporation. These costs are included in the line item "Projected Costs: Staff Time/Permitting/Material testing", and will be itemized when they exceed $125,000. Included in this line item are staff time and expenses for all city staff in support of the project such as Engineering, Kitchener Utilities, and Transportation Planning. The line item also includes all regulatory permitting, geotechnical and material testing, detouring and traffic control, alternate access and parking requirements and any other miscellaneous costs. Projects utilizing in-house staff will include costs for inspection during construction and contract administration. The net cost for this tender (A), is fair and reasonable for a purchase of this scope but the upset limit exceeds the budget allowance (B) provided within the budget. Funding for this purchase is included within the approved capital forecast. The estimated deficit (D) will be funded from the development charge reserve. Tender 19-073 David Bergey Drive Sanitary Sewer Upgrade Estimated Cost for this Work Tender T19-073 costs, including HST$ 3,355,162.67 less: HST rebate on tender(333,734.62) Net Cost Being Awarded$ 3,021,428.05 A Projected Costs: Staff Time 232,739.00 Projected Costs: Material Testing 10,000.00 ProjectedCosts: Detouring3,000.00 Projected Costs: Permitting 1,100.00 Projected Costs: Contingency 24,684.00 Total Estimated Cost for this Phase of Work$ 3,292,951.05 C Budget for thisWork City Share of Subdivisions$ 1,900,000.00 Total Budget for this Work$ 1,900,000.00 B Estimated Surplus/(Deficit) for this Work (B -C)$ (1,392,951.05)D 1.iii - 3 COMMUNITY ENGAGEMENT: INFORM This report council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: Not applicable ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.iii - 4 REPORT TO:Committee of the Whole DATE OF MEETING:2019-06-24 SUBMITTED BY:Margaret Fisher,Director of Procurement,519-741-2200 ext. 7214 PREPARED BY:Josh White,Procurement Specialist,519-741-2200 ext. 7184 WARD (S) INVOLVED:Ward9 DATE OF REPORT:2019-06-11 REPORT NO.:FIN-19-056 SUBJECT:T19-087Sandhills Park Rehabilitation __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-087Sandhills Park Rehabilitation, be awarded to Bomar Landscaping Inc., at theirtendered price of $159,591.96,plus H.S.T. of $20,793.75, for a total of $180,745.71. BACKGROUND: Sandhills Park Rehabilitation project was one of two participatory budgeting pilot projects whose public engagement occurred in the spring and early summer of 2018 through a series of three rounds of voting by members of the community surrounding Sandhills Park. Through this public voting process the public chose the red bundle and these elements having been incorporated into the park rehabilitation design that has been tendered. The red bundle elements include: natural play area, chess table, swing set, food forest area, native perennial and shrub plantings, seating, a community event space, and site clean-up. Work on this park is to beginning in the summer of 2019 and be completed for fall 2019. REPORT: As per clause 170.7.3 of the Purchasing By-law 2017- Value, 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: b. the ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 1.iv - 1 Tenders were advertised publiclyonthe City of Kitchener website.Documents were downloaded by nine(9) interested parties and by the closing date of Thursday June 06,2019, six(6) tenders had been received. The following tenders were received: Bid Price Bomar Landscaping Inc.EloraON$180,745.71* CSL Group Ltd.AncasterON$225,055.88 Moser Landscape Group Inc.WaterlooON$234,089.39 Yard Weasels Inc.FergusON$277,511.05 Androus GC Inc.MississaugaON$329,036.79 Ciccarelli Contractors Inc.AncasterON$388,825.26 The tenders were reviewed by A.DeWitt, Landscape Architect,and A. Maxwell, Associate Landscape Architect, who concur with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: ision through the delivery of core service. 1.iv - 2 FINANCIAL IMPLICATIONS: The net cost for this Proposal (A), is fair and reasonable for a project of this scope and the upset limit is within the funding available (B) for this project. Funding for this project is included within the approved capital budget. The estimated surplus (D) will remain in the playground general provision account to fund future playground work. COMMUNITY ENGAGEMENT: INFORM This report has been posted to 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:2019-06-24 SUBMITTED BY:Margaret Fisher, Director of Procurement, 519-741-2200 ext. 7214 PREPARED BY:Alex Albrecht,Associate Procurement Specialist,519-741-2200ext.7216 WARD (S) INVOLVED:Wards1and2 DATE OF REPORT:2019-06-04 REPORT NO.:FIN-19-057 SUBJECT:T19-116Steel Pipe for Natural Gas Distribution __________________________________________________________________________________________ RECOMMENDATION: That Tender T19-116Steel Pipe for Natural Gas Distribution, be awarded to Comco Pipe & Supply Company,Puslinch, Ontario, at their provisionalprice of $154,512.00,plus H.S.T. of $20,086.56, for a total of $174,598.56. BACKGROUND: The past winter sawextremesustainedtemperatures, which Kitchener has not experienced in several years. As a result, of this cold weather and the growth of the demands on the distribution system, primarily in the residential market, the resulting low pressures within the natural gas systempresented a concern, primarily in the north-west portion of the city. premises. For this to be accomplished, the diameter of some of thepipe delivering the natural gas needs to be increased. The pipe that is being quoted in this request is intended to be installed directly downstream of the Graber District Regulator Station, which feedsthe most affected areas. The desire is that once this pipe is installed, and increasing the outlet pressures from Graber Station, the minimum deliverypressures in thenorth-west portion of the citywill increaseby the predicted values. Additional work will need to be completed on the natural gas distribution system in subsequent future years to counteract the affects of further growth within the city. REPORT: As per clause 170.7.3 of the Purchasing By-law 2017- Value, 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: b. the ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994forassistance. 1.v - 1 As per clause 170.7.3 of the Purchasing By-law 2017-ss of Procurement Value, the Director of Supply Services shall submit a report to Council recommending award of a purchase greater than $100,000 if any one or more of the following conditions apply: c. only one Bid was received in response to a Solicitatio Tenders were advertised publicly on the City of Kitchenerwebsite. Documents were downloaded by three(3) interested parties and by the closing date of Monday June 3, 2019,one(1) tender had been received. The following tenders were received: Bid Price Comco Pipe & Supply CompanyPuslinchON$ 174,598.56* The tender was reviewed by L.Jones, UtilitiesEngineer,who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this the delivery of core service. 1.v - 2 FINANCIAL IMPLICATIONS The net cost for this tender (A), is fair and reasonable for a project of this scope and the upset limit is within the funding available (B) for this project. Funding for this project is included within the approved capital budgets. The estimated surplus (D) will remain within the account to fund future purchases. T19-116 Steel Pipe for Natural Gas Distribution Estimated Cost for this project Tender T19-116 costs, including HST174,599 less: HST rebate(20,087) Net Cost Being Awarded154,512A Total Estimated Cost 154,512C Budget for this project DƩğĬĻƩ wĻŭǒƌğƷƚƩ {ƷğƷźƚƓ 288,000 Total Budget for this purchase288,000B Estimated Surplus/(Deficit) for this Phase of Work (B - C)133,488D COMMUNITY ENGAGEMENT: INFORM council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.v - 3 REPORT TO:Committee of the Whole DATE OF MEETING:June 24, 2019 SUBMITTED BY:Kim Kugler,Director, Sport, Community Services, 519-741-2200 x 7544 PREPARED BY:Jeremy Dueck, Supervisor Sales & Bus Development,The Aud & Arenas, Community Services, 519-741-2200 x 5264 WARD (S) INVOLVED:Ward3 DATE OF REPORT:June 12, 2019 REPORT NO.:CSD-19-019 SUBJECT:Victus Academy LP LicenceAgreement Renewal ______________________________________________________________________________________ RECOMMENDATION: Thatthe Mayor and Clerk be authorized to execute a licence agreement with Victus Academy LP for space at Sportsworld Arena, municipally known as 35 Sportsworld Crossing Road, said agreement to be satisfactory to the City solicitor, as outlined in Community Services Report CSD-19-019. BACKGROUND: On September 14, 2015, staff sought direction to establish a licenceagreement with Victus Academy LP (Victus) at Sportsworld Arena in order to utilize non-prime (daytime) room space and ice time. As a public-private partnership, the original agreement with Victus was established to outline responsibilities of both parties including fees, payment schedule, insurance requirements, expectations around renovation approvals, and Ministry of Education approvals. This workresulted in a one-year licenceagreement between the City and Victus, with two(2) additional one(1)year renewals.The licenceagreement commenced on August 2,2016 and expires on August 1, 2019. REPORT: Victusemploysfive (5)administrative/executive staff, six(6)academic teachers, and nine (9) that Victus has built is what attracts students.Registration and grade level offeringshave grown from 48 students in grades 7-12 (2016) to 65 students in grades 5-12 (2019). Enrollment for the 2019-2020 school year is expected to be between 65-70 students. Over the past three(3) years, both the City and Victus have benefited from the partnership. Victus has fulfilled their obligations outlined in the licenceagreement and have achieved all of the necessary approvals including approvals from the Ministry of Education. In addition to fulfilling the expected requirements, Victus has also taken steps to establish a working relationship with the Kitchener Minor Hockey Association(KMHA). The school has become part ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 2 - 1 of the fabric of Sportsworld Arena, and the Victus team has provided positive feedback about their experience as well as the support they have received from City staff. During school hours, Victus usesthe ice,meeting room space on the second floor as classrooms, a cafeteria area in the upper lobby, as well as previously vacant office space on the main floor. Storage spaces have been created from previously unused areas, and a gym area and science lab have been renovated on the second floor to fulfil the needs of the school. Victus has paid for all building renovations and equipment expenses. Victus wishes to renew the licenceagreement for the use of the space at Sportsworld Arena commencing August 2, 2019 for a period of three(3)years. The agreement will be for a one (1) year renewal with the option of two(2)additional one (1)year renewalsfor a total of three(3) years. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: d the following annual revenue: 2016-17$64,621.80plus HST 2017-18$65,914.24plus HST 2018-19$67,232.55plus HST The 2019-2020 projected revenue generatedfrom Victus is $81,571.16.All capital improvements required by Victus will be at theirexpense. COMMUNITY ENGAGEMENT: Victus Academy continues to conduct public information sessions in an effort to attract students and answer questions about their program. INFORM e council / committee meeting. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services 2 - 2 3 - 1 3 - 2 REPORT TO:Committee of the Whole DATE OF MEETING:June 24, 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:7 & 8 DATE OF REPORT:June 18, 2019 REPORT NO.:COR-19-032 SUBJECT:Sign Variances-1250 Victoria Street South and 525 Highland Road West RECOMMENDATIONS: That the application of WATERLOO REGION DISTRICT SCHOOL BOARD(SG 2019-012-1250 Victoria Street South)requesting permission to replace the existing sign with a ground-supported sign having automatic changing copy located 75m from a residential zone rather than the required 100m; and, for the sign to only have thecivic number whereas the By-law requires the sign to have the civic number and street name, on Block 153, Plan 1689, 1250 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a Sign Permit from the Planning Division. 2.That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 6:00 a.m. 3.That the owner shall complete the above noted Condition 1 prior to December 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 this decision. Failure to fulfill these conditions will result in this approval becoming null and void. -and - That the application of HIGHLAND PARK SHOPPING CENTRE LTD(SG 2019-013 -525 Highland Road West; requesting permission to for multi-unit commercial building to have fascia signs with a width of 100% of the individual unit rather than the maximum 90%; and, to have a separation distance between the fascia signs of 0.08m rather than the required 0.3m, on Part Lot 21, Plan 1004, being Parts 1 to 4 on Reference Plan 58R-5638, 525 Highland Road West, Kitchener, Ontario, BE APPROVED. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 4 - 1 REPORT: The Committee of Adjustment met as a Standing Committee of City Council on June 18, 2019to consider twoapplicationspursuant to Chapter 680 (SIGNS) of the City of Kitchener Municipal Code. Theserecommendations arebeing forwarded to you on behalf of the Committee of Adjustment for your consideration. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendations 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 - committee meeting. ENTRUST -The Committee of Adjustment is a Quasi-Judicial Committee of citizen members operating as a Standing Committee of City Council. ACKNOWLEDGED BY: Justin Readman, General Manager Development Services 4 - 2 5 - 1 5 - 2 5 - 3 REPORT TO:Council DATE OF MEETING:June 24, 2019 SUBMITTED BY:Christine Tarling,Director, Legislated Services & City Clerk,519-741- 2200 ext. 7809 PREPARED BY:Helen Fylactou,Manager, Licensing,519-741-2200 ext. 7854 WARD (S) INVOLVED:ALL DATE OF REPORT:June 19, 2019 REPORT NO.:COR-19-034 SUBJECT:Appointment of Licensing Tribunal Members Lodging House Application __________________________________________________________________________________________ RECOMMENDATION: That Councillors 1.________________,2._______________, and 3._______________be appointed as the membersof the Licensing Tribunal for a term ending November 30, 2019. BACKGROUND: Chapter 553 (Lodging Houses) of the City of Kitchener Municipal Code governs the licensing and renewal of lodging houses. As part of the renewal process, staff solicit comments on the operation and impact of the lodging house to the community. Based on comments received in 2018for the lodging house at 374 Louisa Street (the Lodging House), conditions were placed on the lodging house. As part of the 2019 review and comment submission, the Manager noted the same concerns were raised and that conditions were not met. REPORT: The owner of the Lodging House (the Applicant)was advised on June 17, 2019 by the Manager of Licensing Services that steps were being taken to request that the licence be suspended because of outstanding issues which have not been addressed. Staff is requesting the appointment of 3councillors as members for the Licensing Tribunalfor the hearing for the Lodging House and for the remainder of 2019. The hearing will take place after the summer recess at City Hall in Council Chambers. In all likelihood, the hearing will take place in the morning but membersof the Licensing Tribunal should be scheduled to attend for the entire work day. The Licensing Tribunal, under the authority of the Municipal Act, 2001 may recommend to Council whether, with respect to the Lodging House licence, the applicant be granted the licence, granted the licence with conditions, suspend the licence, or deny the licence. Notice of the location and time will be sent to the appointed members as well as to the applicant. In general, requests for Licensing Tribunal are infrequent. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 6 - 1 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: The 2019 fee for a Lodging House Renewal is $866.00. There is no fee for a Licensing Tribunal. COMMUNITY ENGAGEMENT: will be sent to the applicant at least 20 days in advance of the hearing. INFORM council/committee meeting. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services 6 - 2 REPORT TO: Committee of the Whole DATE OF MEETING: June 24, 2019 SUBMITTED BY: Erin Kearney, Interim Prosecutor 519-741-2200 ext. 7060 PREPARED BY: Erin Kearney, Interim Prosecutor 519-741-2200 ext. 7060 WARD (S) INVOLVED: Ward7 DATE OF REPORT:June 19, 2019 REPORT NO.: COR-19-035 SUBJECT:Encroachment Request:51 Thorncliffe Street-Pool encroachment over city easement ____________________________________________________________________________ RECOMMENDATION: satisfactory to the City Solicitor, with the propertyowner of the property municipally known as 51Thorncliffe Street to authorize the erection of an above- ground pool and appropriate fencingon storm and sanitary sewer easementlocated onsaid property. BACKGROUND: The property owner is asking for permission to install a 12.8 feet by 24.6 feet above- ground pool in the rear yard of their property, in addition to theappropriate fencing as required by by-law overeasement located onthis property. REPORT: The propertyowner is asking for permission to installa 12.8feet by 24.6 feet above- ground pool in the rear yard of their property, in addition to the appropriate fencing as required by by-law. The entirety of the rear yard of this property is subject to an easement held by the City of Kitchener. The purpose of this easement is to allow the City access to astorm and sanitary sewer below the property. City staff have reviewed the request. The Planning Division noted that their support was contingent on the pool and fence be constructed according to appropriate by-laws and the correct permits are obtained. It is worth noting that these permits cannot be obtained without entering into an encroachment agreement due to the easement held by the City. 7 - 1 It is also worth noting that the property owner was originally issued a building permit by the City of Kitchenerin May 2019, which was retracted when it was discovered an encroachment agreement was required. The Building Division noted that it would be highly unlikely that the City would need to access this sewerthrough the property, as maintenance on this seweris performed by enteringmanholes that are located off the property. Despite this, a clause will be included in the encroachment agreement notifying the property owner that removal of the the storm and sanitary sewer from the property. The property owner has submitted a sketchof the placement of the proposed pool, which isattached to this report ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: strategic vision of Efficient and Effective Government by way of Customer Service. FINANCIAL IMPLICATIONS: All fees associated with encroachments will be paid by the applicant. The Applicationfee of $280.00 has been paid. A processing fee of $235 will become payable after Council approval. COMMUNITY ENGAGEMENT: INFORM of the Standing Committee. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services 7 - 2 7 - 3 7 - 4 REPORT TO:Committee of the Whole DATE OF MEETING:June 24, 2019 SUBMITTED BY:Cory Bluhm, Executive Director Economic Development, 519-741-2200 x7065 PREPARED BY:Victoria Boyle, Economic Development Assistant, 519-741-2200 x7957 WARD (S) INVOLVED:All Ward(s) DATE OF REPORT:June 17, 2019 REPORT NO.:DSD-19-102 SUBJECT:Municipal Accommodation Tax-Implementation _________________________________________________________________________________________ RECOMMENDATION: That the Municipal Accommodation Tax By-law,included inReport DSD-19-102 Appendix A,be approved;and, That the establishment of a new Municipal Accommodation Tax Reserve Fund be approved in accordance with Report DSD-19-102, Appendix B. BACKGROUND: On April 29, 2019,theMunicipal Accommodation Tax(MAT), also referred to as a Transient Accommodation Tax,was endorsedby Council to collecta4% tax from applicablehotel transient accommodators (staff report CAO-19-007). The City of Kitchener will receive 40% of the net revenue generated through the MAT.The following report contains the implementing tax by-law and reserve fund. REPORT: This report provides thenecessary implementation toolsincluding the by-law which provides the authority forcollecting the tax (as shown in Appendix A) and the establishment ofthe Municipal Accommodation ReserveFund(as shown in Appendix B). The Bylawprescribes details pertaining to the collection of the MATfrom applicableoperators, including exemptions,penalties, etc. The bylaw has been developed in accordance with provincial regulations, and is consistent with other municipalities in Ontario. 8 - 1 Collections -tier structure, it is most efficient for one collection agency to act on behalf of all 8 municipalities. The Waterloo Region Tourism Marketing Corporation (WRTMC) has agreed to facilitate collections through the Ontario Restaurant Hotel & Motel Association (ORHMA). ORHMA will collect fees from all Waterloo Region accommodation providers and remit revenues accordingly to the 8 municipalities. ORMHA will receive a small administrative fee which will be deducted from the gross revenueprior to disbursement. ORMHA is providing similar services to other municipalities in Ontario. Municipal Accommodation Tax Reserve Fund As per report CAO-19-007, Council endorsed the creation of a new reserve fund where revenues will be directed. Withthe exception of existing financial commitments, Council will approve spending of the reserve fund on an annual basis through the formal budget process. Appendix B in Report CAO-19-007 identified the types of expenses and initiatives that these revenues deliberation on MAT expenditures will be as part of the 2021 budget, once a reasonable accumulation has occurred. COMMUNITY ENGAGEMENT: WRTMC, in partnership with local municipalities, hostedan information session for all transient accommodation providers, describing the collection process. All hotel operators have received formal notification from the City of the impending tax. Hotel operators are generally in support of the proposed tax, provided the revenues support improved tourism for the region. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: None at this time. Financial services staff hasdeveloped internal procedures forhandling of revenuescollected from the MATthrough a new reserve fund.It is projected that the MAT will generate approximately $375,000 annually for the City of Kitchener to be used for tourism related investments. ACKNOWLEDGED BY: Justin Readman, General Manager Development Services Department Appendix A Draft Bylaw Appendix B Draft Reserve Fund Information Sheet 8 - 2 BY-LAW -2001 OF THE CORPORATION OF THE CITY OF KITCHENER Being a By-law to establish a Municipal Accommodation Tax (MAT) WHEREASsection 400.1 of the Municipal Act provides that a municipality may pass a by-law imposing a transient accommodation tax; AND WHEREASOntario Regulation 435/17 provides regulations in respect of the imposition of a transient accommodation tax; AND WHEREASsection 23.2 of the Municipal Act, 2001 permits a municipality to delegate certain legislative and quasi-judicial powers; THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF KITCHENER ENACTS AS FOLLOWS: 1.DEFINITIONS: including, but not limited to the purchase of food, room service, mini bar products, internet, movie rentals, and phone charges. . -law. Accommodation. Accommodation and includes agents, hosts or others who sell, offer for sale or otherwise provides Transient Accommodation; where the Provider cannot easily be determined, the owner of a property providing accommodation is deemed to be the provider of Transient Accommodation. 8 - 3 resort, and hostel. 2.APPLICATION 2.1 A Purchaser of TransientAccommodation shall pay, at the time of purchase, a Municipal Accommodation Tax in the amount of four (4) percent of the purchase price of the Transient Accommodation provided for a continuous period of less than 30nights. 2.2 The Municipal Accommodation Tax will not apply to Ancillary Charges that are 2.3 Where the Provider of Transient Accommodation fails to separately itemize Ancillary Charges, the Municipal Accommodation Tax will apply to the total amount of the purchase price. 3.EXEMPTIONS 3.1 The Municipal Accommodation Tax imposed under this By-law does not apply to: a)The Crown, every agency of the Crown in right of Ontario and every authority, board, commission, corporation, office or organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council; b)Every board as defined in subsection 1(1) of the Education Act; c)Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university. d)Every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act and every private hospital operated under the authority of a licence issued under the Private Hospitals Act; e)Every long-term care home as defined in subsection 2(1) of the Long-Term Care Homes Act, 2007; f)Every treatment centre that receives provincial aid under the Ministry of Community and Social Services Act; g)Every house of refuge, or lodging for the reformation of offenders; h)Every charitable, non-profit philanthropic corporation organized as shelters for the relief of the poor or for emergency; 8 - 4 i)Every hotel or motel room used by the City or its agents for shelter accommodation purposes; j)Every tent or trailer sites supplied bya campground, tourist camp, or trailer park; k)Every accommodation supplied by employers to their employees in premises operated by the employer; l)Every hospitality room in an establishment that does not contain a bed and is used for displaying merchandise, holding meetings, holding hearings, or entertaining; and m)Every accommodation that is rented for 30or more consecutive nights. 4.TAX COLLECTED BY PROVIDER 4.1 Providers of Transient Accommodation shall list the Municipal Accommodation Tax 4.2 Providers of Transient Accommodation shall collect the Municipal Accommodation Tax from the Purchaser at the time of purchase. 4.3 Providers of Transient Accommodation shall, on a monthly basis within 15 days of the end of each calendar month for the month prior, remit the Municipal Accommodation Tax to thetax collection agent designated by the City in a manner the City Treasurer deems acceptable. 4.4 Providers of Transient Accommodation shall, on a monthly basis within 15 days of the end of each calendar month for the month prior, provide a monthly statement in the form required by the tax collection agent; these monthly statements shall include: i.The number of rooms sold; ii.The purchase prices of the rooms sold; iii.The number of rooms that were exempt under the by-law and proof the Provider reliedon; and iv.The Municipal Accommodation Tax Collected. 4.5 Providers of Transient Accommodation shall provide any information as required by the City Treasurer for the purposes of enforcing this by-law. 5.REFUNDS 5.1 Where a Purchaser has paid an amount that is not payable, the City Treasurer or the amount was wrongly paid, and if such a determination is made, the City or its agent shall refund or credit all or part of the amount, but no refund shall be made unless an application is made within twenty-four (24) months after the payment date. 8 - 5 5.2 Where a Provider of Transient Accommodation remits a surplus in error, the City or its agent, may upon receipt of satisfactory evidence, make a determination that an amount was wrongly paid, and if such a determination is made, the City or its agent, shall refund all or part of the amount, but no refund shall be made unless an application for such a refund is made within twenty-four (24) months after the date of remittance. refused, the City or its agent shall provide a statement of disallowance in such form as determined by the City or its agent, and the statement shall specify the amount of disallowance and the reasons for the disallowance. 6. TAX COLLECTION AGENT 6.1 Thetax collection agent shall be The Waterloo Region Tourism Marketing Corporation or such other designate which may bedetermined from time to time by Council. 6.2 The Chief Administrative Officer, in consultation with the City Solicitor, may designate additional tax collection agents for the City and enter into agreements with designated tax collection agents. 6.3 Thetax collection agent(s) shall collect and administer the Municipal Accommodation Tax as an agent for the City in accordance with the agreement between the City and the tax collector(s) and this by-law. 7. INTEREST, FEES AND LIENS 7.1 Penalties and interest at a monthly rate of interest applicable to overdue property taxes shall apply to any outstanding Municipal Accommodation Tax and shall be payable monthly by the Providers of Transient Accommodation on the amount of any tax payable or remittable from the business day following the date on which the Municipal Accommodation Tax was payable or its remittance was due up to and including the date on which such tax is paid or remitted in full. 7.2 All Municipal Accommodation Tax penalties and interest that are past due shall be manner as municipal property taxes and shall constitute a lien upon the lands. 7.3 A fee, as prescribed by the Fees & Charges of the City,shall be charged in respect of all remittances made by cheque that are not honoured by the financial situation upon which it is drawn. 8. AUDIT AND INSPECTIONS 8 - 6 8.1 Every Provider shall keep, for no less than three (3) years, books of account, records, and documents sufficient to furnish the City or its designated tax collection agent(s) with the necessary particulars of: i.sales of accommodation; ii.amount of the Municipal Accommodation Tax collected; and iii.the remittances made to the tax collection agent. inspect and audit all books, documents, transactions, and accounts of Providers and require Providers to produce copies of any document or records required for the purpose of administering and enforcing this by-law. designated tax collection agent for reasonable inspection, copies of any books, documents, transactions, accounts or records required for the purposes of the administration and enforcement of this by-law. 9.OFFENCES AND PENALTIES 9.1 Every person who contravenes any provision of this by-law is guilty of an offence. 9.2 Every director or officer of a corporation who knowingly concurs in the contravention of any provision of this by-law is guilty of an offence. 9.3 Every person convicted of an offence under this by-law is liable to a minimum fine of $500 and a maximum fine of $100,000 as provided for in subsection 429(3) of paragraph 1 of the Municipal Act, 2001. 9.4 Every person convicted of an offence under this by-law is liable, for each day the offence continues, to a minimum fine of $500 and a maximum fine of $100,000 as provided for in subsection 429(3) paragraph 2 of the Municipal Act, 2001. The total of all the daily fines for a continuing offence is not limited to $100,000. 9.5 The Superior Court of Justice or any court of competent jurisdiction may, in addition to any penalty imposed on a person convicted of an offence under this by-law issue an order: a)Prohibiting the continuation or repetition of the offence by the person convicted; or b)Requiring the person convicted to correct the contravention in a manner prescribed by the court. 10.ADMINISTRATION 10.1 The administration of this by-law is delegated to the City Treasurer. 8 - 7 11.GENERAL 11.1 This by-law shallcome into force and effect on July 1, 2019. READ A FIRST TIME READ A SECOND TIME PASSED MAYOR CLERK 8 - 8 Reserve Fund Information Sheet Name of Reserve/Reserve Fund Municipal Accomodation Tax Category Reserve Fund Type Discretionary Classification Program Specific Purpose Provides funding to support and enhance tourism within the city. Funding Source -40% of the Municipal Accomodation Tax amount collected by the Waterloo Region Tourism Marketing Corporation is allocated to the city (less an administrative fee) -interest income Appropriation of Funds -funding is to be used to support and enhance tourism, sport and cultural offerings, as well as major event attraction efforts. Target Level Minimum: Closing balance should not drop below zero Rationale: funding is being used to support and enhance tourism therefore if balance is below zero, work can not be completed. Maximum: Closing balance should not exceed $1,900,000 Rationale: Approximates five years worth of revenue to be received. Allows for balance to build in order to accommodate increased cost of high ticket items like bid support and marketing costs. Excess: All funding remains in the Reserve Fund Next Review:2021 Budget Reporting -annual report to FCSC Accountability Cost Centre4011006 Divisional OwnershipEconomic Development Ownership LeadDirector, Economic Development Interest Allocation Yes Other 8 - 9 Reserve Fund Information Sheet Previous PolicyNew Previous TitleNot applicable Resolution Date Amendment Date(s): Repeal Date: Proposed start date End Date (if applicable) 8 - 10 9 - 1 9 - 2 9 - 3 10 - 1 Significant Projected Variances (over $200,000) 10 - 2 Building47(152)199 Golf5758( 1) Parking 139(108)247 Water(138)(377) 239 10 - 3 Sanitary Sewer (1,184)(1,385) 201 Storm Sewer 966808 158 Gas Division (Total) 3,3302,2051,125 Gas Delivery 5,0364,045 991 Gas Supply (1,706)(1,840) 134 10 - 4 10 - 5 10 - 6 10 - 7 10 - 8 10 - 9 10 - 10 10 - 11 10 - 12 10 - 13 10 - 14 10 - 15 Term 2019 - Schedule 9 Page 1 2018 the overnight bank account Average Short Investment Balance* 0 April 30, 2019 *includes average balance in 75,000,00050,000,00025,000,000 300,000,000275,000,000250,000,000225,000,000200,000,000175,000,000150,000,000125,000,000100,000,000 Yields CIBC Rate Investment Report as of of Short Term City Yield City investmentsInterest rate for City bank account with CIBC January to April 2019 This graph compares the yields for:1)2) Comparison 10 - 16 2.75%2.50%2.25%2.00%1.75%1.50%1.25%1.00%0.75%0.50%0.25%0.00% 2019 Actual Schedule 9 Page 2 2019 = 2.53%2018 = 2.10% Rate Rate 2019 Budget Interest Interest Operating Fund 2018 Actual Average Average Accumulated Interest - April 30, 2019 500,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 Investment Report as of Long Term Investments Cash & Short Term Investments Investment Balances 10 - 17 REPORTS TO BE CONSIDERED BY COUNCIL JUNE 24, 2019 CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE JUNE 10, 2019 1. That the General Manager, Development Services be authorized to execute a three-year funding agreement, subject to the satisfaction of the City Solicitor, between the City of Kitchener, City of Cambridge and City of Waterloo to collaborate on delivery of the Waterloo Region Small Business Centre services and programs funded in part by the Province of Ontario, as outlined in Development Services Department report DSD-19-136; and further, That the General Manager, Development Services be authorized to execute, on behalf of the City of Kitchener, any agreements or documentation pertaining to services and programs provided by the Waterloo Region Small Business Centre provided said agreements or documentation are subject to the satisfaction of the City Solicitor. 2. That the Mayor and Clerk be authorized to execute a three-year funding agreement, subject to the satisfaction of the City Solicitor, with the Province of Ontario for the Small Business Centre to deliver the core business information services, Summer Company and starter company programs; and, That the General Manager, Development Services be authorized to execute, on behalf of the City of Kitchener, subject to the satisfaction of the City Solicitor, any amendments to the three-year funding agreement; and further, That the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute recipient grant agreements, subject to the satisfaction of the City Solicitor, for the Starter Company Plus and Summer Company programs. 3. That staffing and funding requirements for a permanent participatory budgeting solution be brought back to Council through the 2020 budgeting process, as outlined in Financial Services Department report FIN-19-050. 4. That the Development Charge Background Study as amended in Attachment 1 and the capital forecasts prepared in conjunction with the Study in accordance with Section 10 of the Development Charges Act, 1997, be adopted; and, That future excess capacity identified in the Development Charge Background Study be paid for by development charges or other similar charges; and, That where grant funding is provided for a growth related project, to the extent possible, be used to fund the non-growth portion of the project; and, That the Local Service Guidelines in the form attached to Financial Services Department report FIN-19-049, be approved; and further, That the Development Charges By-law in the form attached to Report FIN-19-049, be approved. 5. That the Business Licensing By-law 2017-139, be amended to add the Payday Loan Establishment Schedule (Schedule 17.1), as outlined in Corporate Services Department report COR-19-024 That the fees set out in Report COR-19-024 related to Payday Loan Establishments, be approved; and further, That the 2020 User Fee Schedule include the Payday Loan Establishment fees. 6. That ADR Chambers, Toronto Ontario, be retained to provide the provisional functions (1-5) as outlined in Corporate Services Department report COR-19-025 at their quoted hourly rate; and, That costs incurred to access the additional provisional functions of the Integrity Commissioner, if any, be tracked for a one-year period from 2019 to 2020 to inform a recommendation for an appropriate budget, if required, as part of the 2021 budget process; and further, REPORTS TO BE CONSIDERED BY COUNCIL JUNE 24, 2019 CITY OF KITCHENER FINANCE AND CORPORATE SERVICES COMMITTEE That the Council Policy GOV-COU-005, Code of Conduct for Members of Council, Local Boards and Advisory Committees, be amended to reflect the proposed changes, as outlined in Report COR-19-025. 7. That staff be directed to undertake a comprehensive community and stakeholder consultation to ined in Development Services Department report DSD-19-098. 8. That the Mayor, Chief Administrative Officer or a General Manager is hereby authorized to execute the Disaster Mitigation and Adaptation Fund (DMAF) ultimate receiver agreement, as outlined in Development Services Department report DSD-19-143 with the Grand River Conservation Authority; said agreement and other related documentation to be to the satisfaction of the City Solicitor; and further, That the Mayor, Chief Administrative Officer or a General Manager is hereby authorized to execute a contract with Reep Green Solutions for the provision of community engagement services throughout the duration of the agreement with Infrastructure Canada under the DMAF project; said agreement and other related documentation to be to the satisfaction of the City Solicitor. PLANNING AND STRATEGIC INITIATIVES COMMITTEE JUNE 10, 2019 1. That the Environmental Committee Work Plan (2019/2020), as outlined in Development Services Department report DSD-19-144, be approved. 2. That the work plan for Development Services Department report DSD-19-134, Affordable Housing Strategy - Work Program Overview, be approved; and further, That the following members of Council be appointed to participate on an Affordable Housing Strategy Advisory Committee: D. Schnider, C. Michaud, and D. Chapman. 3. That the Hidden Valley Land Use Master Plan, attached to Development Services Department report DSD-19-133 as Appendix A, be adopted and provide the basis for a City-initiated Secondary Plan (Official Plan Amendment), Zoning By-law Amendment, supporting technical studies and Wastewater (Sanitary) Municipal Class Environmental Assessment in 2020. 4. That Zone Change Application ZC16/008/R/BB (142 Rosemount Drive; Strawberry Park Inc.) for the purpose of changing the zoning from Institutional One (I-1) to Residential Six Zone (R-6) with Site Specific Regulation Provision 746R and Open Space (R-1), on the lands specified on the - to Development Services Department report DSD-19- 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 ZC16/008/R/BB; and further, That a 135.04 square metre right-of- surplus to City needs and sells it at fair market value to Strawberry Park Inc. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2019 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bingemans for several events being held at 425 Bingeman Centre Drive, as part of their summer Events Series, as outlined in Community Services Department report CSD-19-017, and further, That the exemption is subject to the following conditions, which, if not complied with, will render the noise exemption null and void: REPORTS TO BE CONSIDERED BY COUNCIL JUNE 24, 2019 CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2019 a) There shall be no offensive language, in the opinion of City staff, generated from the music events, audible in any adjacent residential neighbourhood. The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event(s); b) The event organizer will be responsible for the cost of a pay-duty Noise Officer, to be assigned specifically to these event(s); c) The event organizers agree to respond accordingly to requests from City staff, during the event(s), in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas; and d) The maximum decibel level (dba) audible from a residential area shall not exceed 55 dba. 2. That the existing School Bus Loading Zone on Stirling Avenue be extended on the west side (even- numbered) 200m south of Charles Street to a point 250m south thereof, as outlined in Development Services Department report DSD-19-141; and, That the Adult Crossing Guard be removed along Highview Drive at Willow Green Court; and further, That the Uniform Traffic By-law be amended accordingly. 3. That the Uniform Traffic By-law be amended for the installation of a traffic signal at the intersection of River Road East and Manchester Road, as outlined in Development Services Department report DSD-19-142. 4. That the following street be approved for sidewalk infill in 2020 as per the Sidewalk Infill Policy MUN-STR-2004, approved by Council June 1, 2015: Perth Road; and, That Council receive, for information purposes only, other sidewalk infill locations in 2020 that are pre-approved as per the Sidewalk Infill Policy MUN-STR-2005, as outlined in Development Services Department report DSD-19-140; and further, That Edwin Street proposed for sidewalk infill in 2020 as per the Sidewalk Infill Policy MUN-STR- 2004, BE DEFFERED to the June 24, 2019 Council meeting to allow for an opportunity for the further dialogue between the residents, Ward Councillor and staff related to the proposed sidewalk design. 5. That the three Neighbourhood Places Programs, including The Neighbourhood Greening Program, The Neighbourhood Seating Program and Neighbourhood Art Program, as outlined in Community Services Department report CSD-19-015, be approved. 6. That staff be directed to continue winter maintenance of trails in the Country Hills West neighbourhood and the annual operating funding of $14,000. be added to the 2020 budget to reflect this permanent level of service, as outlined in Infrastructure Services Department report INS-19- 010; and, That staff be directed to continue to explore opportunities for coordination and efficiencies of winter maintenance activities with school boards; and, That staff be directed to use the results of the Country Hills West neighbourhood trail pilot to inform the winter trail maintenance priorities of the Cycling and Trails Master Plan (in development); and, That staff be directed to explore options for shared winter maintenance costs of City pathway connections to elementary schools with both the Waterloo Region District School Board and the Waterloo Catholic District School Board; and further, That staff be directed to explore options to expand no parking/no stopping zones in the vicinity of winter maintained City owned pathways around elementary schools between the hours of 8 a.m. to 10 a.m. and 2 p.m. to 4 p.m., Monday to Friday, as a means of encouraging active transportation. REPORTS TO BE CONSIDERED BY COUNCIL JUNE 24, 2019 CITY OF KITCHENER COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE JUNE 17, 2019 7. -Profit Groups (MUN- FAC-415) and the Neighbourhood Association Affiliation Policy (MUN-FAC-324), focusing on the preliminary findings outlined in Community Services Department report CSD-19-016; and further, That the Policy Review Objectives be amended to include a fourth objective, to refresh the partnership arrangements with the Neighbourhood Associations with a goal of making these partnerships more consistent and equitable across the City. 8. That the Fence By-law be amended to align with the regulations of other local municipalities and allow a fence of up to 1.82 metres in height in an exterior side yard with no setback (on the lot line), as outlined in Development Services Department report DSD-19-075. FINANCE AND CORPORATE SERVICES COMMITTEE JUNE 17, 2019 1. That the City of Kitchener 2019- -19-010, be approved, as amended; and, That staff be directed to form a Gaukel Greenway ad-hoc working group including staff, residents, business owners, and arts and culture representatives; and, That staff be directed to work with the property owners of 60 Charles Street West (Charlie West), 19 Gaukel Street (Heartwood Place), 185 King Street West (Pizza Pizza), 191 King Street West (Public Utilities Commission Building), and 15 Charles Street West (Region of Waterloo), to investigate alternative parking access; and, That staff be directed to explore the potential to maintain the closure of Gaukel Street to motor vehicles between Charles Street West and King Street West, immediately following the removal of the Charlie West construction equipment; and, That staff be directed to explore the potential to make Gaukel Greenway a year-round space, available for community events and initiatives, stewarded in partnership with Economic Development (Downtown Community Development) and Infrastructure Services; and further That the Rosenburg Commmunity Centre be included as a strategic action in the 2019-2022 Strategic Plan within the years 2021 and 2022. 2. That the Public Access Technology Service Standard (PATS) described in Corporate Services Department report COR-19-028, and the attached document Digital Kitchener Public Access Technology Service Standard be adopted as the measurement framework for the City of That staff be directed to define a dedicated PATS budget for consideration during the 2020 budget cycle to centralize the investment associated with the PATS program. 3. That staff be directed to proceed to implement the Truth & Reconciliation Calls to Action consistent with the approach outlined in Corporate Services Department report COR-19-021, beginning with the following two priorities: That a territorial acknowledgement at the commencement of Council be introduced to signal a commitment to responding to the Truth & Reconciliation Calls to Action and to demonstrate respect for the ongoing relationships we are building; and further, That a training program for staff and members of Council be implemented that will increase Indigenous competency at an organizational level, resulting in improved customer service and increased capacity of non-Indigenous staff across the organization to work respectfully and appropriately on Indigenous initiatives in a municipal context. REPORTS TO BE CONSIDERED BY COUNCIL JUNE 24, 2019 CITY OF KITCHENER HERITAGE KITCHENER COMMITTEE JUNE 4, 2019 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2019-V- 006 be approved to permit demolition of an existing accessory structure located on the property municipally addressed as 33 Mansion Street, as outlined in Development Services Department report DSD-19-139; and further, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2019-V- 007 be approved to permit construction of an addition to the single detached dwelling municipally addressed as 33 Mansion Street, in accordance with the plans and supplementary information submitted with the application and subject to the following condition: i. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. 2. - Mike and Pat Wagner Heritage awards be awarded as follows: In the category of Preservation/Restoration: 110 Water Street South; and, 920 Orr Court; and further, In the category of Rehabilitation/Adaptive Re-use: 300 Joseph Schoerg Crescent; and, 195 Joseph Street. AUDIT COMMITTEE JUNE 24, 2019 1. Council is requested to consider the recommendation arising from the Audit Committee meeting held June 24, 2019 with respect to report FIN-19-058.