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HomeMy WebLinkAboutCouncil Agenda - 2021-01-25 COUNCIL AGENDA MONDAY, JANUARY 25, 2021 CITY OF KITCHENER 7:00 P.M. - ELECTRONIC MEETING (TELEVISED/LIVE STREAMED) 200 KING STREET WEST 1. COMMENCEMENT Land Acknowledgement. Singing of "O Canada". 2. MINUTES Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held December 14, 2020 and special meetings held December 14, 2020, January 14 & 18, 2021) Councillor J. Gazzola. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE NIL 5. PRESENTATIONS 6. DELEGATIONS a. Pierre Chauvin, VIVE Corporation Regarding Development Services Department report DSD-21-008, listed as Item B.4 on the Committee of the Whole agenda. b. Jean Haalboom Regarding Development Services Department report DSD-21-001, listed as Item 1 under the Heritage Kitchener Committee report dated January 5, 2021. c. Notice has been given for any member of the public to speak for or against a by-law to name private roads within a condominium development located at 142 Rosemount Drive as Dewberry Drive and Roseberry Lane, listed as Items 11.d. and 14.d. d. Notice has been given for any member of the public to speak for or against a by-law to name a private road within a condominium development located at 625 Blair Creek Drive as Stonecliffe Walk, listed as Items 11.e. and 14.e. 7. REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS 9. NEW BUSINESS a. Regional Council Update Mayor B. Vrbanovic. 10. QUESTIONS AND ANSWERS 11. BY-LAWS --- 1ST READING a. Being a by-law to adopt Amendment No. 10 to the Official Plan. b. Being a by-law to provide for the establishing and laying out of part of Postmaster Drive and West Oak Trail as a public highway in the City of Kitchener. c. Being a by-law to amend By-law 85-1 and 2019-051, as amended, known as the Zoning By- law for the City of Kitchener 169 Borden Inc. d. Being a by-law to name private roads as Dewberry Drive and Roseberry Lane in the City of Kitchener. e. Being a by-law to name a private road as Stonecliffe Walk in the City of Kitchener. *Accessible formats and communication supports are available upon request. If you require* assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994. COUNCIL AGENDA MONDAY, JANUARY 25, 2021 CITY OF KITCHENER 7:00 P.M. ELECTRONIC MEETING - 2 - 200 KING STREET WEST f. Being a by-law to control the idling of vehicles. g. Being a By-law to repeal and replace Municipal Code Chapter 25 Procedure h. To further amend By-law No. 2019-113, being a By-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. i. To confirm all actions and proceedings of the Council. 12. COMMITTEE OF THE WHOLE Chair, Councillor J. Gazzola. 13. REPORT OF THE COMMITTEE OF THE WHOLE 14. BY-LAWS --- 3RD READING a. Being a by-law to adopt Amendment No. 10 to the Official Plan. b. Being a by-law to provide for the establishing and laying out of part of Postmaster Drive and West Oak Trail as a public highway in the City of Kitchener. c. Being a by-law to amend By-law 85-1 and 2019-051, as amended, known as the Zoning By- law for the City of Kitchener 169 Borden Inc. d. Being a by-law to name private roads as Dewberry Drive and Roseberry Lane in the City of Kitchener. e. Being a by-law to name a private road as Stonecliffe Walk in the City of Kitchener. f. Being a by-law to control the idling of vehicles. g. To further amend By-law No. 2019-113, being a By-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. h. To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE AGENDA MONDAY, JANUARY 25, 2021 CHAIR COUNCILLOR J. GAZZOLA ND A. BY-LAWS LISTED ON THE AGENDA 2 READING That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment. B. ADMINISTRATIVE REPORTS 1. Tenders Attached are reports from R. Scott, Manager of Procurement, recommending: i. FIN-21-002 T20-177 Old Mill Sanitary Pumping Station That Tender T20-177 Old Mill Sanitary Pumping Station, be awarded to Stone Town Construction Limited, St. Marys, Ontario, at their tendered price of $9,695,090.39, including contingencies and cash allowance of $950,000.00, plus H.S.T. of $1,260,361.75, for a total of $10,955,452.14. 2. COR-21-002 Prohibited Dog Designation Appeal - Vulina Attached is Corporate Services Department report COR-21-002 (S. Goldrup), dated January 11, 2021. That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Srdjan Vulina, wherein the Committee affirms the Prohibited Dog -Waterloo and Stratford Perth, be ratified and confirmed. 3. DSD-21-004 Doon Pioneer Park Community Centre Public Art Attached is Development Services Department report DSD-21-004 (E. Robson), dated December 16, 2020. That the commission and installation of artwork at Doon Pioneer Park Community That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Bennet Oh, Jinsu Park and Ethan Schwartz (OPS Design Studio), outlining the obligations of the community centre public art commission. 4. DSD-21-008 Zoning By-law Amendment Application ZBA19/001/B/GS 169 Borden Inc. 155 & 169 Borden Ave North Attached is Development Services Department report DSD-21-008 (G. Stevenson) dated January 11, 2021. That Zoning By-law Amendment Application ZBA19/001/B/GS for 169 Borden Inc. requesting a change from Residential Six (R-6) and Neighbourhood Institutional (INS-1) to Residential Eight with Special Regulation Provision 753R for the parcels of land specified and illustrated on Map No. 1, be approved in the form shown in --21-008 That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA19/001/B/GS. 2 COMMITTEE OF THE WHOLE January 25, 2021 C. FOR INFORMATION 5. FIN-21-004 Summary of Bid Solicitations Awarded by Manager of Procurement October 2020 to December 2020 Attached is Financial Services Department report FIN-21-004 (R. Scott), dated January 5, 2021. Rise and Report REPORT TO:Committee of the Whole DATE OF MEETING:2021-01-25 SUBMITTED BY:Ryan Scott, Manager of Procurement,519-741-2200 ext. 7214 PREPARED BY:Polina Semenov,Procurement Specialist,519-741-2200ext. 7037 WARD(S) INVOLVED:Ward4 DATE OF REPORT:2021-01-08 REPORT NO.:FIN-21-002 SUBJECT:T20-177 Old Mill Sanitary Pumping Station RECOMMENDATION: That Tender T20-177 Old Mill Sanitary Pumping Station,be awarded to Stone Town Construction Limited, St. Marys, Ontario, at their tendered price of $9,695,090.39, including contingencies and cash allowance of $950,000.00, plus H.S.T. of $1,260,361.75, for a total of $10,955,452.14. REPORT HIGHLIGHTS: The purpose of this report is to obtain approval to proceed with an award as per Purchasing By-law 2017-106; The reason this report is coming forward is that the value of the bid being recommended for award is in excess of the Council approved budget; There were eight (8) tenders received for this procurement; This report supports the delivery of core services. BACKGROUND: The Old Mill Sanitary Pumping Station was constructed in 1969 and services an area approximately 161 ha in size. The two submersible pumps at the pumping station have a combined capacity of 41.8 L/s, which is much less than the expected peak flow under current zoning. Through a number of studies, the City confirmed that this pumping station requires upgrades in order to accommodate further development within the Service Area, including planned buildout of the Conestoga College Doon Campus. The work includes the replacement of the existing sanitary sewer, storm sewer, water supply system, roadway, curb and gutter, sidewalks and municipal service connections to the street property line, construction of new sanitary pumping station, and demolition of existing sanitary pumping station. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1.i - 1 Construction is tentatively scheduled to start March 2021 with 340 working days. REPORT: As per clause 170.7.3 of the Purchasing By-law 2017- Procurement Value, the Manager of Procurement 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: a.the value of the Bid being recommended for award including any contingency allowance are in excess of the Council approved budget; Tenders were advertised publicly on the City of Kitchener website. Documents were downloaded by ninety-four (94) interested parties and by closing date of Friday December 18, 2020, eight (8) tenders had been received. The following tenders were received: Bid Price Stone Town Construction Limited St. Marys ON $10,955,452.14 * BGL Contractors Corp Waterloo ON $11,101,911.00 Baseline Constructors Inc. Waterloo ON $11,674,030.00 Finnbilt General Contracting Limited Stratford ON $11,942,508.99 Jeviso Construction Corporation Concord ON $12,247,747.95 ASCO Construction (Toronto) Ltd. Mississauga ON $12,988,586.12 Torbear Contracting Inc. Woodbridge ON $14,106,073.63 Sona Construction Limited Hamilton ON $14,457,153.33 project and L. Cooper, Manager, Development Engineering, who concur with the above recommendation. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. 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/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 and Kitchener Utilities. The line item also includes geotechnical and material testing as well as 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 1.i - 2 purchase is included within the approved capital forecast. The estimated deficit (E) will be funded from the Development Charges reserve and Sanitary Utility Capital reserve. There are sufficient funds in both reserves to fund their portion of the deficit. Tender T20-177 Old Mill Sewage Pumping Station Estimated Cost for this Work Tender T20-177 costs, including HST 10,955,452.14 less: HST rebate on tender (1,089,727.68) Net Cost Being Awarded $ 9,865,724.46 A Projected Costs: Staff Time/Material Testing/Contingency 119,458.35 Total Estimated Cost for this Phase of Work $ 9,985,182.81 C Budget for this Work Development Charges 4,266,000.00 Sanitary Utility 5,248,000.00 Total Budget for this Work $ 9,514,000.00 B Estimated Surplus/(Deficit) for this Work (B - C) (471,182.81) D Estimated Surplus/(Deficit) from previous phases 38,045.43 Total Estimated Surplus/(Deficit) $ (433,137.38) E Deficit to be recovered from: Development Charges Reserve $ (194,911.82) Sanitary Utility Capital Reserve $ (238,225.56) COMMUNITY ENGAGEMENT: INFORM the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVEDBY:Jonathan Lautenbach, Chief Financial Officer, Financial Services Department 1.i - 3 REPORT TO:Committee of the Whole DATE OF MEETING:January 25, 2021 SUBMITTED BY:Dog Designation Appeal Committee PREPARED BY:Sarah Goldrup,Committee Administrator,519-741-2200 ext. 7275 WARD(S) INVOLVED:All DATE OF REPORT:January 11, 2021 REPORT NO.:COR-21-002 SUBJECT:Prohibited Dog Designation Appeal Vulina RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Srdjan Vulina, wherein the Committee affirms the Prohibited Dog Designation -Waterloo and Stratford Perth, be ratified and confirmed. REPORT HIGHLIGHTS: On September 3, 2020, the Humane Society of Kitchener-Waterloo and Stratford Perth designated as a Prohibited Dog. Officer Schause-Merrifield identified based on characteristics. The Committee affirmed the Prohibited Dog Designation. This report supports the delivery of core services. BACKGROUND: On September 3, 2020, the Humane Society of Kitchener-Waterloo and Stratford Perth lina appealing the Prohibited Dog Designation. A Notice of Hearing was issued to the Respondent and Appellant, advising on December 18, 2020, the Dog Designation Appeal Committee would hold a hearing to consider the matter. During the hearing, Officer Schause-Merrifield -year-old unneutered male. Officer Schause-Merrifield including height, musculature and build, head shape and features, ears, and tail. REPORT: The Dog Designation Appeal Committee established by the Council of the Corporation of the City of Kitchener pursuant to City of Kitchener Municipal By-law 2014-142 and the Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sat on December 18, 2020, to consider an appeal filed with the City by Srdjan Vulina. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 On that date, the Dog Designation Appeal Committee considered the evidence related to stimony presented on behalf of the Respondent by Reiley Schause-Merrifield, Animal Control Officer, and Erin Kearney, Associate City Solicitor, as well as the testimony of the appellant, the Committee hereby confirms the designation of Prohibited Dog appli pursuant to By-law 2014-142 assigned the following conditions for the keeping of said Prohibited Dog: Respondent by Officer Reiley Schause-Merrifield, Animal Control Officer, the Humane Society of Kitchener Waterloo & Stratford Perth; and pursuant to By-law 2014-142 assigns the following conditions for said Prohibited Dog: Follo owner is required to provide proof satisfactory to the Poundkeeper that the dog has STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM - and that it would be considered at the December 14, 2020, Council meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents via registered mail on January 12, 2021 would be considered by Council and the process for registering as a delegation. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVEDBY:Victoria Raab, General Manager, Corporate Services 2 - 2 REPORT TO: Committee of the Whole DATE OF MEETING: January 25, 2021 SUBMITTED BY: Emily Robson,Manager, Arts & Creative Industries,519-741-2200 ext. 7084 PREPARED BY: Karoline Varin, Public Programs Administrator,Arts & Creative Industries, 519-741-2200ext.7912 WARD (S) INVOLVED: 4 DATE OF REPORT:December 16, 2020 REPORT NO.: DSD-21-004 SUBJECT: Doon Pioneer Park Community CentrePublic Art _______________________________________________________________________ RECOMMENDATION: That the commission and installationof artwork at DoonPioneer Park Community Centre, titled “Outdoor Community”, be approved; and further, That the Mayor and Clerk be authorizedto execute an agreement, satisfactory to the City Solicitor, with Bennet Oh, Jinsu Park and Ethan Schwartz(OPS Design Studio), outlining the obligations of the community centre public art commission. REPORT HIGHLIGHTS: The purpose of this report is to request authorization to enter into a legal agreement with the artist team to execute a public art commission at DoonPioneer Park Community Centre The financial implications: this public art project is funded at the $29,000 level in accordance with Public Art Policy I-816. $26,500 is provided for the commissioned artwork. The remainder of $2500 from these funds will be allocated towards the estimated cost of administration, installation, and signage with an additional $2500 allocation from the public art capital account. Community engagement included feedback from community centre staff and area residents, a call for proposals, a juried selection process, consultations with city staff from Parks and Cemeteries (Design and Development), the Grand River Accessibility Committee and MTE Consultants Inc. (a multidisciplinary engineering firm). This report supports the deliveryof core services. BACKGROUND: The City of Kitchener’s public art program installs site-specific works throughout the city. These art works represent a wide variety of styles and materials, with a preference for innovation, responsiveness to the site, low-maintenance and durability. Public art is usually created in conjunction with new major construction or renovation of facilities such as libraries, community centres, fire stations, parking garages, and other city-owned buildings to which the public has access. The goal of the public art policy is to contribute to the City’s cultural identity and its *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3 - 1 strategic priorities. Some of the intended benefits is a better quality of life, increased social cohesion, good urban design, broad community involvement and public access to the arts. The Doon Pioneer Park Community Centre project is eligible for public art through the City of Kitchener’s public art/percent for art program, guided by Public Art Policy I-816. Through this mechanism, 1% of the construction cost is allocated for the acquisition of public art. In 2019- 2020, the community centre underwent a renovation and expansion of its indoor and outdoor spaces. The renovation allowed for the creation of an outdoor grassy area, divided by a sidewalk into two sections located at the front of the building. The proposed public art installation would be located on one of these grassy sections. One of the key priorities for the renovation was to accommodate a bigger space for the community to gather with friends and neighbours. The renovation included the addition of several additional meeting and programming spaces, a second large gymnasium, a spacious lobby and seating area and a new water splash pad in front of the building. The centre is truly becoming the hub of community activity in the Doon area. REPORT: Competition Through discussion with community centre staff about community aspirationsfor the new outdoor space, it was identified that the artwork should: offer neighbours the opportunity to gather to enjoy various activities; and create an inviting, comfortable and welcoming space for visitors to make their own. Anticipated uses include playing on the splash pad, reading books from the library, enjoying a coffee with neighbours. As a result, project stakeholders identified a need for creative outdoor seating that combines functionality and sculptural aesthetic that would visually complement the new façade of the building and support the identified needs. A one-stage public art competition was announced in June 2019. Nine applicants were considered by the jury and one selected in December 2019. Jury members were artist and Public Art Working Group member, Sumaira Tazeen, artists Ernest Daetwyler and Michelle Purchase, project partners Natascha Voll and Brigid Loveday, Councillor Christine Michaud, and citizens at large Jean Haalboom and Yvonne Fernandes from the Doon Pioneer Park Community Association. The jury selected the proposal “Outdoor Community” (Appendix “A”) by Bennet Oh, Jinsu Park and Ethan Schwartz,as the winning entry. Following the jury process, Arts and Creative Industries consulted with city staff and the Grand River Accessibility Committee, to clarify questions raised by the jury concerning materials and accessibility. In addition, site visits were required by the artist team to finalize the design. This process was significantly delayed by the pandemic. The jury’s selection was supported in a motion by the Public Art Working Group at its meeting on December 14, 2020, followed by an endorsement by the Arts and Culture Advisory Committee on January 19, 2021. Winning Proposal The selected artist team - Bennett Oh, Jinsu Park and Ethan Schwartz – are recent graduates of the University of Waterloo School of Architecture who have been collaborating in various projects together as OPS Design Studio. The team delivers competitions and design build 3 - 2 projects from conceptualization to construction. Their multidisciplinary interests, and appreciation for craft, composition and detail make them distinct designers in the field. The team designed a bench for one of the grassy areas in front of the centre. The bench follows a natural undulating path that creates smaller interconnected seating areas. Visitors can sit while supervising their children playing in the splash pad or enjoy a quiet moment of rest. Conversely, the bench becomes premade seating for coordinated activities facing inwards when there are group events. Having neither a front nor back, the bench’s multi-various curvatures lend themselves to creative interpretations. The proposed bench fulfills accessibility requirements of height and width, with armrests added for extra support. Sections of the bench are also located closer to the concrete surround to accommodate users with mobility challenges. The jury concluded that the dynamic design of the bench will resonate with the community that uses the facility and offers both opportunities for social interaction and semi-private reflection. Further, the jury appreciated the use of natural materials, enhancing the grounding experience offered by the bench. The jury also observed that the artwork’s aesthetic compliment other elements of the site, in particular, by enhancing some of the splashpad’s steel sculptural fixtures. Location The Doon Pioneer Park Community centre is in the southwest corner of the city at 150 Pioneer Park Drive. The centre is a neighbourhood hub which welcomes more than 20,000 residents to partake of its amenities. A local branch of the Kitchener Public Library is located within the building. The outdoor bench will be located on the property’s “front lawn”, nestled between the building and the new splash pad. Project stakeholders imagine visitors using the installation as part of the space: a rest area to compliment the use of the splash pad and a venue to extend the centre’s programming through outdoor programs, concerts, and much more. Installation The artwork will be installed when outdoor conditions are appropriate in the spring/early summer of 2021. An alternative installation time is fall 2021. The city will be responsible for installation, working with the artist team on exact placement. 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: This public art project is funded at the $29,000 level in accordance with Public Art Policy I-816. $26,500 is provided for the commissioned artwork. The remainder of $2500 from these funds will be allocated towards the estimated cost of administration, installation, and signage with an additional $2500 allocation from the public art capital account. 3 - 3 COMMUNITY ENGAGEMENT: INFORM - Advertised, public call for proposals; - This report has been posted to the City’s website with the agenda in advance of the council / committee meeting; - Community residents provided feedback on the use of the site to community centre staff, which was included in the call for proposals; CONSULT -Furthermore,ArtsandCreativeIndustriesstaffconsultedwithcitystafffromParksand Cemeteries (Design and Development), the Grand River Accessibility Committeeand MTEConsultants Inc. (a multidisciplinary engineering firm) regarding the installation, materials, durability, construction, maintenance and accessibility of the public artwork; COLLABORATE - Public Art Working Group monitors the public art program, including providing input on the competition, feedback on the call for submissions, and siting; ENTRUST - A jury of artists and community members selected the successful applicantteamby consensus. APPROVEDBY: Justin Readman, General Manager, DSD ATTACHMENTS: Attachment A 3 - 4 APPENDIX “A” D oon Pioneer Park Community Centre Public Art/OUTDOOR COMMUNITY 3 - 5 2020.12.26 Kitchener, ON FINAL DESIGN FOR APPROVAL DPP COMMUNITY CENTRE SCULPTURAL BENCH 3 - 6 DECEMBER 26, 2020 ETHAN SCHWARTZ Currently completing his M.Arch at the University of Waterloo School of Architecture with a focus on new eco-friendly building materials. Industry experience had helped him to become skilled in both handcrafting and digital fabrication at a variety of project scales. DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 2 JINSU PARK DESIGN TEAM Since graduating from University of Waterloo School of Architecture in 2018, Jinsu has been working at KPMB Architects as a Junior Designer. With interests in form, technologies with traditional craftsmanship. BENNETT OH Bennett is an award-winning designer known for his landscape and architectural design. His past experience BIG and OMA, where he engaged in numerous conceptual and built works around the globe. 3-7 DECEMBER 26, 2020 DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 3 SITE + CONCEPT 3-8 DECEMBER 26, 2020 SITE PHOTOS (AUGUST 2020) DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 4 3-9 DECEMBER 26, 2020 DESIGN PRINCIPLES DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 5 3- 10 SITE PLAN DECEMBER 26, 2020 DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 6 3- 11 RENDER DECEMBER 26, 2020 DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 7 RENDERING BY MORETHANVIZ.* 3- 12 RENDER DECEMBER 26, 2020 DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 8 RENDERING BY MORETHANVIZ.* 3- 13 DECEMBER 26, 2020 DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 9 RENDERING BY MORETHANVIZ.* 3- 14 RENDER DECEMBER 26, 2020 DPP CITY COMMUNITY CENTRE SCULPTURAL BENCH 10 RENDERING BY MORETHANVIZ.* 3- 15 REPORT TO:Council DATE OF MEETING:January 25, 2021 SUBMITTED BY:Bustamante, Rosa, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY:Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED:Ward10 DATE OF REPORT:January11, 2021 REPORT NO.:DSD-21-008 SUBJECT:Zoning By-law Amendment Application ZBA19/001/B/GS 169 Borden Inc. 155 & 169 BordenAvenue North RECOMMENDATION: That Zoning By-law Amendment Application ZBA19/001/B/GS for 169 Borden Inc. requesting a change from Residential Six (R-6) and Neighbourhood Institutional (INS- 1)to Residential Eight with Special Regulation Provision 753R for the parcels of land specifiedand illustrated on Map No. 1, be approved in the form shown in the -December 5, 2020, attached to Report DSD-21-008as That in accordance with Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA19/001/B/GS. REPORT HIGHLIGHTS: The purpose of this report is for Council to give three readings to the proposed site- specific Zoning By-law Amendment for 155-169 Borden Avenue North. Council resolved on February 24, 2020 that the attached by-law receive three readings once Zoning By- law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part. Community engagement included a circulation letter in May 2019, a Neighbourhood Information Meeting on June 11, 2019, a Planning and Strategic Initiatives Meeting on January 13, 2020, and a Council meeting on February 24, 2020. This report supports the delivery of core services. BACKGROUND: Planning staff presented Staff Report DSD-20-001 at the Planning and Strategic Initiatives Committee meeting on January 13, 2020 for Official Plan Amendment (OPA) Application *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4 - 1 OP19/001/B/GS and Zoning By-law Amendment (ZBA) Application ZBA19/001/B/GS. Kitchener City Council endorsed the OPA on February 24, 2020 and resolved that the amending zoning by-law receive three readings once Zoning By-law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part. On December 4, 2020, the Local Planning Appeal Tribunal (LPAT) scoped the appeal on Zoning By-law 2019-51 (CRoZBy Stage 1) to one specific property, therefore bringing the balance of the by-law into effect. As such, the attached site-specific zoning by-law may proceed for three readings. The Region of Waterloo approved the site specific OPA Number 9 on November 18, 2020. No appeals were received. REPORT: The attached zoning by-law amendment would change the zoning of 155 Borden Avenue North from Residential Five (R-6) to Residential Eight with Special Regulation Provision 753R in Zoning By-law 85-1. The zoning by-law amendment would also remove lands addressed as 169 Borden Avenue North from Zoning By-law 2019-051 and add the lands back into Zoning By-law 85-1. The zoning of the lands would change from Neighbourhood Institutional (INS-1) to Residential Eight with Special Regulation Provision 753R. Through the site planning process, the Owner requested a revision to the site-specific by- law that was endorsed by Kitchener City Council on February 24, 2020. The rear portion of the building was shifted when the site was redesigned to accommodate a surface parking at the same elevation as the basement at the rear of the property. The redesign of the rear portion of the site eliminates the need for a large retaining wall. The rear five storey portion of the building is now approximately 2.0 metres closer to north/side property line. Paragraph d.of the proposed by-law now requires a minimum yard abutting the properties municipally addressed as 441, 449, 455, and 459 East Avenue of 14.5 metres. The previous by-law required a 16.5 metre setback. The setback of 14.5 metres is sufficient and only applies to the rear portion of the building. The taller six storey portion of the building is still required to be 28.0 metres from the property line shared with the East Avenue properties. Overall, the changes eliminate the need for large retaining walls in the rear at the property line. The parking areas will be appropriately screened from adjacent properties with fencing and landscaping. By removing large portions of the previously proposed retaining wall along the property line, in addition to the visual barrier (solid wood fence) along the shared property line, additional landscaping can be provided to buffer the parking areas. Planning staff support the revised setback, and the Site Plan Review Committee gave Approval in Principle to the site plan attached as Appendix The by-law changes are noted on the site plan for reference. Secondly, language is corrected to require a setback from the Borden Avenue North streetline of 10.0 metres for any portion of a building greater than five storeys in height, rather than four storeys. There was a typographic error in the previous by-law the setbacks along Borden Avenue North have not changed, and the tallest portion of the building requires 4 - 2 a 10 metre setback, whereas the four and five storeys portions are now subject to the same 6.0 metre setback (paragraph I in the attached by-law). The revised by-law does not allow for any addition in height to the building, and the building design along Borden Avenue North has not changed. STRATEGIC PLANALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM The Official Plan amendment and Zoning By-law Amendment were circulated for comment to internal departments, external agencies, and all property owners within 120 metres of the subject lands on May 13, 2019. A list of interested residents was updated throughout the application process. A notice sign was posted on the property. Written Staff Report DSD-20-o comments. A letter advising of the January 13, 2020 Planning and Strategic Initiatives Committee Meeting (Statutory Public Meeting) was sent everyone who participated in the process and all property owners within 120 metres of the subject lands. Notice of the Statutory Public Meeting was published in The Record on December 6, 2019. Council meeting. A letter was sent to everyone who participated in the process and all property owners within 120 metres of the subject lands letter advising of the three readings of the by-law at the January 25, 2021 Council meeting. CONSULT A Neighbourhood Information Meeting was held on June 11, 2019. PREVIOUS REPORTS/AUTHORITIES: Staff Report DSD-20-001, presented to the Planning Strategic Initiatives Committee on January 13, 2020 Municipal Act, 2001 Planning Act Ontario Regulation 545/06 - Zoning By-Laws, Holding By-Laws and Interim Control By-Laws APPROVEDBY: Justin Readman, General Manager of Development Services ATTACHMENTS:AA Proposed By-law and Map No. 1 AB Redlined Site Plan 4 - 3 DSD-21-008 -A PROPOSED BY LAW December 5, 2020 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1 and 2019-051, as amended, known as the Zoning By-law for the City of Kitchener -169 Borden Inc.) WHEREAS it is deemed expedient to amend By-law 85-1 and 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.-law Number 2019-051 is hereby amended by removing therefrom the lands specified and illustrated as Area 1 on Map No. 1 attached hereto shown as Neighbourhood Institutional Zone (INS-1). 2.Schedule Number 142 of Appe-law Number 85-1 is hereby amended by adding thereto the lands specified and illustrated as Area 1 on Map No. 1 attached hereto, and by zoning the Area 1 lands thereafter as Residential Eight Zone (R-8) with Special Regulation Provision 753R. 3.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Six Zone (R-6) to Residential Eight Zone (R-8) with Special Regulation Provision 753R. 4.-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 5.-law 85-1 is hereby amended by adding Section 753 thereto as follows: 753. Notwithstanding Sections 6.1.2a), and 42.2.5 of this By-law, within the lands zoned Residential Eight Zone (R-8) with Special Regulation Provision 753R, shown as 4 - 4 DSD-21-008 -A affected by this subsection, on Schedule 178 of A, a multiple dwelling shall be permitted in accordance with the following: a.That the maximum building height shall be 6 storeys and 19.0 metres. b.The minimum yard abutting the properties municipally addressed as 181 Borden Avenue North and 435 East Avenue, shall be 8.5 metres. c.That the minimum setback from the properties municipally addressed as 181 Borden Avenue North and 435 East Avenue shall be 28.0 metres for any portion of a building greater than four storeys. d.That the minimum yard abutting the properties municipally addressed as 441, 449, 455, and 459 East Avenue shall be 14.5 metres. e.That the minimum setback from the properties municipally addressed as 441, 449, 455, and 459 East Avenue shall be 28.0 metres for any portion of a building greater than five storeys. f.That the minimum yard abutting the property municipally addressed as 141- 149 Borden Avenue North shall be 1.5 metres. g.That the minimum setback from the property municipally addressed as 141- 149 Borden Avenue North shall be 21.0 metres for any portion of a building greater than five storeys. h.That the minimum yard abutting the Borden Avenue North streetline shall be 6.0 metres. i.That the minimum setback from the Borden Avenue North streetline shall be 10.0 metres for any portion of a building greater than five storeys. j.A minimum of 1.0 bicycle stall, which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker, per dwelling unit shall be provided. k.A minimum of 6 bicycle stalls, which are located in accessible and highly visible locations near the entrance of a building and are accessible to the general public, shall be provided. l.The off-street parking rate shall be 0.85 spaces per unit, inclusive of 0.1 visitor parking spaces per unit. m.That one off-street visitor car share space be provided per lot. n.That the minimum setback for surface parking shall be 2.3 metres from properties municipally addressed as 181 Borden Avenue North and 435, 441, 449, 455, and 459 East Avenue. 4 - 5 DSD-21-008 -A PASSED at the Council Chambers in the City of Kitchener this ______day of ___________, 2021 _____________________________ Mayor _____________________________ Clerk 4 - 6 ETE.32.119!.!Bqqfoejy!“B” SCHEDULE 175SCHEDULE 174 SCHEDULE 142SCHEDULE 143 4 - 7 ETE.32.119!.!Bqqfoejy!“C” Efdfncfs!6-!3131!Sfemjof Njojnvn!25/6n!tfucbdljo!uijt!mpdbujpo Njojnvn!7/1n!tfucbdlgspn!Cpsefo!Bwf/!O/ 4 - 8 REPORT TO:Committee of the Whole DATE OF MEETING:2021-01-25 SUBMITTED BY:Ryan Scott,Manager of Procurement,519-741-2200ext. 7214 PREPARED BY:Ryan Scott, Manager of Procurement,519-741-2200 ext. 7214 WARD(S) INVOLVED:N/A DATE OF REPORT:2021-01-05 REPORT NO.:FIN-21-004 SUBJECT:Summary of Bid Solicitations Approved by the Manager of Procurement (October 1, 2020 December 31, 2020) RECOMMENDATION: For Information REPORT HIGHLIGHTS: The purpose of this report is to provide a quarterly update on Procurements that have been approved through delegated authority in accordance with the Purchasing By-law 2017-106 There were fifteen (15) approved bid solicitations in this quarter. This report supports the delivery of core services. 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 recommendations awarded by the Director of Supply Services were within approved budgets, capital projects were specifically identified within the Council approved budget, approval, and more than one bid was received in response to the bid solicitation. REPORT: Appendix 1 is a listing of the fifteen (15) approved bid solicitations *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 1 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: All recommendations awarded by the Manager of Procurement, were within approved budgets. COMMUNITY ENGAGEMENT: INFORM the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVEDBY:Jonathan Lautenbach, Chief Financial Officer, Financial Services Department ATTACHMENTS: Attachment 1 Listing of Approved Bid Solicitations (October 1, 2020 December 31, 2020) 5 - 2 HST) $122,400.00$327,272.00 ) Exclusive of Award Amount ( operating $564,825.00 Funded from December 31, 2020 Budget Amount N Awarded October 1, 2020 Vendor(s) 911 InterpretersInc., Oakville, OBT Engineering Inc., LondonON logue Solicitations ( Preliminary Class the City has ) year term, and 3a ( language - three language interpretation - Description for a is for multi demand access to language Listing of Approved Bid - contract 1 This interpretation services which will enable staff oninterpretation services when serving customers with language barriers, either by phone or in person via a video chat pilot. This represents the first timecontracted for multiservices.This contract is with an option to renew for two (2) additional twelve (12) month terms.The project scope includesEnvironmental AssessmentDesign, for approximately 660m of new roadway and trunk sanitary sewer.The purpose of this study is to determine an alignment for Biehn Drive and the trunk sanitary sewer through an EA Act process with public participation to facilitate diabetween parties with differing interests.The estimated surplus will be used towards future phases of the project. ttachment A Language Professional 036 043 -- Bid Solicitation Number & Name P20Interpretation ServicesP20Services Class EA & Preliminary Design for Biehn DriveExtension and Sanitary Trunk Sewer Extension (Current Terminus to RobertFerrie Drive) 5 - 3 $52,167.93 $301,450.92$378,856.50 operating $454,000.00$453,000.00 Funded from ON r ON Lee - MTE ConsultantsInc., KitcheneDaEnvironmental Services, Stoney CreekONCH2M Hill Canada Limited (Jacobs), Kitchener al to inform facility. It a City any eral and provincial for a one (1) year term, with of the project. s : paint, water/sludge from oil grit s phase minary design for the Hidden Valley The project scope includes the Class Environmental Assessment (EA)determining a preferred option and preliSanitary Pumping Station and Forcemain, by generating and evaluating various alternatives while considering environmental effects.The estimated surplus will be used towards futureThis contract is for hazardous waste removal services from streamlines the disposal process with a comprehensive structure for collection, segregation, handling and disposal of hazardous wastes, as well as ensuring compliance with fedgovernment regulations. Examples of hazardous waste removincludeseparators, hazardous materials collected from the side of the road and any chemical that cannot be easily identified. This contract is an option to renew for two (2) additional twelve (12) month terms.The project scope includescomprehensive planning exercise and support a new Secondary Plan for the Dundee North Area. Class Hazardous Technical --- Professional ary Plan 094 Professional 140 122 Removal -- - P20Services Environmental Assessment and Preliminary Design for Upper Hidden Valley Sanitary Pumping Station and ForcemainT20Services Material (Interceptors, Washbay, Paint, Waste Oil etc.)P20Services Work for New SecondDundee North 5 - 4 $40,450.00$87,086.81 $214,015.00 operatingoperating $270,000.00 Funded from Funded from - ON N ON GFL Environmental Inc., PickeringMann 2018 Limited, Guelph OStinson Equipment Limited O/A Stinson OwlLiteConcord drying the used for emoval & - . ) additional (10) SWMFs an ongoing in the winter of aterials from m which is Kitchener Operation for a one (1) year term, with for a one (1) year term, with for a one (1) year term, with xcess o the scope includes the r e pproximately 5,000 tonnes of A was removed for crushing and then re 1. ender is for the crushing of clean scrap t project isposal of eflective sheeting The dfacility located at Stormwater Management Block 6clean out approximately ten per year.material2019/2020. This contract is an option to renew for two (2) additional twelve (12) month terms.This concrete and asphalt collected during city maintenance works. The excess materials are trucked tFacilityvarious projects.The actual spend will depend on the level of activity throughout the term of the contract.This contract is an option to renew for two (2twelve (12) month terms.This tender is for the supply and delivery of roperational (MRO) requirementThis contract is an option to renew for two (2) additional twelve (12) month terms. 143 Removal & 156 Crushing of 158 Reflective --- T20Disposal of Excess Materials from SWM BLK 61T20Excess Concrete and Asphalt T20Sheeting 5 - 5 $82,944.55 $129,272.00$109,726.14$123,079.00 operatingoperating $250,000.00$150,000.00 Funded from Funded from N ON m ON 1877980 Ontario Inc. o/a Kodiak Tree Services, Ancaster OMiller Electric Limited, KitchenerStage Right Corporation, Clare, MISmith and Long Limited, Markha . ired to and llation of a labour, frastructure conflicts for a one (1) year term, with of a new stage at the Kitchener ted surplus will be ump removal and restoration is ender is for the purchase ize, troubleshoot, diagnose and repair t Tree stcarried out annually to complete the tree removal process. Stump removal and restoration prepares the locations for future tree replacement or establishes turf where tree replacements are not required or unwarranted due to inor resident feedback. This fall over 400 stumps will be removed under this contractThis contract is an option to renew for two (2) additional twelve (12) month terms.The scope of work includes materials, tools, equipment and expertise to mobilsewage pumps and motor controls at This installation Memorial Auditorium. The stage requires replacement from a life cycle perspective as well as it no longer meets the needs of promoters for events hosted at the facility.The estimaclosed to the Tax Capital and Auditorium Ticket Sale reserves upon completion of the projectThis project includes the instanew mechanical unit that is requprovide fresh air supply and exhaust ventilation for the soccer field. New Stage 9 162 Tree Stump 164 Sewage 16172 Budd Park ---- T20Removal and RestorationT20Pumping Station: Pump and Motor Control Maintenance & Repair T20PurchaseT20Indoor Soccer Field HVAC Upgrades 5 - 6 $47,811.91$42,161.64 $273,000.00 ng operatingoperati $310,000.00 Funded from Funded from Strongco Limited Partnership, MississaugaONCanusaAutomotive Warehousing Inc., LondonONC.R. Wall &Co. Ltd.,CambridgeON are (riser which . One (1) ) additional 4 valves ( service line and four . the bulk supply and for a one (1) year term, with for a one (1) year term, with are located between the for natural gas . is automotive lubricants f which meter set. enderender is for the supply and delivery of tt gas For the supply and delivery of 23,587 kg (52,000 lb.) to 28,123 kg (62,000 lb.) ExcavatorThis unit will be used for SWM pond clean out and large main breaks. The current unit is fourteen (14) years old with a sixteen (16) year lifecycleThe estimated surplus will remain within the Equipment Reserve Fund to fund future equipment purchases.This delivery oan ongoing maintenance, repair and operational (MRO) requirementThis contract is an option to renew for twelve (12) month terms.This natural gas service shut offvalves), underground the This contract is an option to renew for two (2) additional twelve (12) month terms. 173 One (1) 175 Automotive 181 Natural Gas --- T2023,587 kg (52,000 lb.) to 28,123 kg (62,000 lb.) ExcavatorT20LubricantsT20Service Shut Off Valves 5 - 7 REPORTS TO BE CONSIDERED BY COUNCIL JANUARY 25, 2021 CITY OF KITCHENER AUDIT COMMITTEE DECEMBER 14, 2020 1. T- 20-007, be approved. HERITAGE KITCHENER COMMITTEE JANUARY 5, 2021 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-2021-IV- 001 be approved, as outlined in Development Services Department report DSD-21-001, to permit the replacement of the roof; replacement of windows; restoration of roof dormers; and construction of a second story rear addition on the property municipally addressed as 38 Shirk Place, in accordance with the plans and supplementary information submitted with the application and subject to the following condition: i. That final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2021-V- 002 be approved, as outlined in Development Services Department report DSD-21-002, to permit the demolition of an existing detached garage on the property municipally addressed as 172 Queen Street North; and further, That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2021-V- 003 be approved to permit the construction of a detached garage on the property municipally addressed as 172 Queen Street North, in accordance with the plans and supplementary information submitted with the application, and subject to the following condition: i. That final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit.