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HomeMy WebLinkAboutCouncil Agenda - 2022-03-21Council Meeting Agenda Monday, March 21, 2022, 7:00 p.m. Electronic Meeting Beginning March 1, 2022, the City of Kitchener has aligned with provincial changes to COVID-19 restrictions and City Hall is now open for in person services, but appointments are still being encouraged. The City remains committed to safety of our patrons and staff and continue to facilitate electronic meeting participation for members of the public. Those people interested in participating in this meeting can register to participate electronically by completing the online delegation registration form at www.kitchener.ca/delegation or via email at delegation (a)kitchener.ca. For those who are interested in accessing the meeting live -stream video it is available at www.kitchener.ca/watchnow. Please refer to the delegations section on the agenda below for registration deadlines. Written comments will be circulated prior to the meeting and will form part of the public record. *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.* Pages 1. COMMENCEMENT The electronic meeting will begin with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 1.1. Commemoration of the 2nd anniversary of the Covid-19 pandemic. 2. MINUTES FOR APPROVAL Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held February 28, 2022 and special meetings held February 28 and March 9, 2022) - Councillor D. Schnider. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE 5. PRESENTATIONS 5.1. International Day For the Elimination of Racial Discrimination 5.1.a. Sharon Van Manen and Saba Oji, Equity and Anti -racism Advisory Committee 5.1.b. Jasmine Mwangi, Ayesha Munir and Chiharu Sanada Williams, Grand River Collegiate Institute 6. DELEGATIONS Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. Delegates must register by 5:00 p.m. on March 21, 2022, in order to participate electronically. 6.1. TheGrand Watershed Trails Network 6.1.a. Anne Crowe 6.2. Development Services Department report DSD -2022-088, listed as item 7.3.a under the Planning and Strategic Initiatives Committee report dated March 9, 2022 - Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b 6.2.a. Amanda Stellings 7. REPORTS OF COMMITTEES 7.1. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - MARCH 7, 2022 7.1.a. Summary Water Report - 2021, INS -2022-039 That the 2021 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg. 170/03 Schedule 22 of the Safe Drinking water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water Report to the Township of Woolwich and the City of Waterloo as required by Schedule 22 of O.Reg. 170/03. 7.1.b. Environmental Assessment (EA) Addendum to the Integrated Stormwater Management Master Plan, INS -2022-102 That Staff be directed to post the Revised Notice of Study Completion Addendum to the Integrated Stormwater Management Master Plan Schedule `B' Environmental Assessment Project File for the mandatory 30 -day review period, as outlined in Infrastructure Services Department report INS -2022-102. Page 2 of 86 7.1.c. Naming of a Private Street - 630 and 690 Benninger Drive - Activa Holding Inc., DSD -2022-064 That the City's Legal Services division be directed to proceed with the required advertising, preparation, and registration of the necessary By-law for the naming of "Urbane Boulevard", "Ardor Avenue", "Reverie Way", "Musing Street", "Moxie Lane", and "Mettle Way", as outlined in Development Services Department report DSD -2022-064. 7.1.d. Level 2 Type D Pedestrian Crossover - Stirling Avenue North at Lydia Street, DSD -2022-044 That a Level 2 Type D Pedestrian Crossover (PXO) be implemented on Stirling Avenue North at Lydia Street, across the north approach of the intersection, as outlined in Development Services Department report DSD -2022-044; and further, That the Uniform Traffic Bylaw be amended accordingly. 7.1.e. Uniform Traffic and Parking By-law Changes - ASE and Rates of Speed, DSD -2022-092 That the draft by-law attached to report DSD -2022-092 be enacted to repeal and replace the definition of a School Zone in Part II of By-law 2019-113; and, That the draft by-law attached to report DSD -2022-092 be enacted to add the definition of a Neighbourhood Bikeway in Part II of By-law 2019-113; and, That the draft by-law attached to report DSD -2022-092 be enacted to repeal and replace Section 11 No Stopping in School Zones in Part V of By-law 2019-113; and, That the draft by-law attached to report DSD -2022-092 be enacted to repeal and replace Part XIV — Rates of Speed (km/h) of By-law 2019- 113; and, That a new Schedule 28, which is the designated School Zones, be added to the By-law listing the name and address of each school and which roadways are covered by the By-law; and, That Schedule 19, which is the Rates of Speed schedule, be removed from the By-law; and further, That the Uniform Traffic Bylaw be amended accordingly. Page 3 of 86 7.1.f. Provincial Funding Agreement 2022-2024, DSD -2022-099 That the Mayor and Clerk be authorized to sign a two-year funding agreement with the Province of Ontario for the Small Business Centre to deliver the core business information services, summer company and starter company programs, as outlined in Development Services Department report DSD -2022-099. Said agreement to be to the satisfaction of the City Solicitor; and That the General Manager, Development Services be authorized to execute on behalf of the City of Kitchener any amendments to the two-year funding agreement provided such amendments are to the satisfaction of the City Solicitor; and further, That the Manager, Waterloo Region Small Business Centre, and the Executive Director, Economic Development, be delegated authority to execute recipient grant agreements to the satisfaction of the City Solicitor for the Starter Company Plus and Summer Company programs. 7.1.g. Corporate Climate Action Plan — 2022 Progress Update, Next Steps and Close out - DSD -2022-072 That Development Services Department report DSD -2022-072 concludes milestone 4 and 5 for the Federation of Canadian Municipalities Partners for Climate Protection Program (FCM PCP); and further, That staff be directed to develop the next generation City of Kitchener Corporate Climate Action Plan (CorCAP) utilizing the Council endorsed TransformWR framework and report back to Council on the development of the next generation Corporate Climate Action Plan in 2023. 7.1.h. Housing for All Program Update — 2022 Year in Review, COR -2022- 104 That Council receive Corporate Services Department report COR - 2022 -104 (Housing for All Program Update — 2022 Year in Review) for information. 7.2. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 7, 2022. 7.2.a. 30 Francis Street South Official Plan Amendment OPA/21/001/R/DE and Zoning By-law Amendment ZBA21/002/F/DE - DSD -2022-062 That Official Plan Amendment Application OPA/21/001/F/DE for 30 Francis Kitchener Incorporated requesting a Specific Policy Area be Page 4 of 86 refused; and, That Zoning By-law Amendment Application ZBA21/002/F/DE for 30 Francis Kitchener Incorporated for the property municipally addressed as 30 Francis Street, be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Development Services Department report DSD -2022-062 as Appendix `A'; and further, 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 ZBA21/002/F/DE. 7.3. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - MARCH 9, 2022. 7.3.a. Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2b - 11 Applying New Residential Zones on Properties - DSD -2022-088 and Information Report DSD -2022-157 That City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b — Applying Residential Zones), be approved in the form shown in the "Proposed By-law", attached to Development Services Department report DSD -2022-088 as Appendix A, save and except for the following: 1. The NHC-1 Zoning for all properties on Trussler Road; 2. The NHC-1 Zoning for all properties on Driftwood Drive; 3. The NHC-1 Zoning for all properties on Yellow Birch Drive; 4. The NHC-1 Zoning for all properties on Stonehenge Place; 5. The NHC-1 Zoning for 106 Robertson Crescent; 6. The NHC-1 Zoning for any other properties within the city who do not want to have the designation report to city staff prior to ratification at the March 21, 2022, meeting of Council; 7. The AGR -1 Zoning be deferred as it relates to the lands outside of Dundee North known as the SKPA Activa lands and the adjoining parcel commonly known as Schlegel Bayer lands, pending the conclusion of the ongoing Regional Official Plan review process; 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 ZBA22/003/COK/RK; and further, Page 5 of 86 That staff be directed to prepare an addendum to Development Services Department report DSD -2022-088 for the March 21, 2022, Council meeting responding to the submission from the Region of Waterloo and addressing the following questions: 1. Does the Region's request for zoning permissions on specific properties align with the Official Plan; 2. How do current zoning permissions on these specific properties compare to proposed and requested zoning permissions; and, 3. Overall, are the requests for zoning permissions on these specific properties considered a minor or major change from existing zoning. 7.3.b. 890-900 King Street West Official Plan Amendment OPA21/005/K/BB and Zoning By-law Amendment ZBA21/008/K/BB - DSD -2022-089 That Official Plan Amendment Application OPA21/005/K/BB for Cantiro King General Partner Ltd. requesting Special Policy Area 20 to permit a mixed-use development with a Floor Space Ratio of 10.1 on the parcel of land specified and illustrated on Schedule `A', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -2022-089 as Appendix "A", and accordingly forwarded to the Region of Waterloo for approval; and That Zoning By-law Amendment Application ZBA21/008/K/BB for Cantiro King General Partner Ltd. be approved in the form shown in the "Proposed By-law" and "Map No. 1"; and That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to this Zoning By-law Amendment ZBA21/008/K/BB; and further, Pursuant to the Planning Act, section 34(17), Council changes the proposed by-law, attached as Appendix B to DSD -2022-089, as amended by Council, and where Council has determined that no further notice is to be given in respect of the changes to the proposed zoning by-law amendment. 8. UNFINISHED BUSINESS - NIL 9. NEW BUSINESS 9.1. REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC 10. QUESTIONS AND ANSWERS Page 6 of 86 11. BY-LAWS 12. 11.1. 1ST AND 2ND READING 11.1.a. Being a by law to provide for the establishing and laying out of part of Otterbein Road as public highway in the City of Kitchener. 11.1.b. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 11.1.c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 11.1.d. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 11.1.e. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 11.1.f. 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. 11.1.g. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 11.1.h. Being a by law to provide for the establishing and laying out of part of South Creek Drive as public highway in the City of Kitchener. 11. U. To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE 12.1. TENDERS 12.1.a. Q22-027 Gas Pipeline Construction - FIN -2022-110 That Quote Q22-027 Gas Pipeline Construction, be awarded to NPL Canada Limited, Vaughn, Ontario, at their quoted price of $5,599,817, plus H.S.T. of $836,754.30, for a total of $6,436,571.77 for the first year of a three (3) year contract, with the option to renew for one (1) additional two (2) year period. 12.1.b. Q22-057 Montgomery Creek (Wilson Park between Wilson Avenue and Vanier Drive) Restoration - FIN -2022-145 That Quotation Q22-057 Montgomery Creek (Wilson Park between Wilson Avenue and Vanier Drive) Restoration, be awarded to 560789 Ontario Limited o/a R&M Construction, Acton, Ontario, at their adjusted quoted price of $3,100,760.72, including provisional items and contingencies of $149,425., plus H.S.T. of $403,098.89, for a total of $3,503,859.61. 23 416 Page 7 of 86 12.1.c. T22-005 Greenfield Avenue and Traynor Avenue (Carrol Street to 30 Connaught Street) RR - FIN -2022-146 That T22-005 Greenfield Avenue and Traynor Avenue (Carrol Street to Connaught Street) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $3,387,196.39, including provisional items and contingencies of $221,517.50, plus H.S.T. of $440,335.53, for a total of $3,827,531.92. 12.1.d. Q22-058 Three (3) Hybrid Police Interceptor SUVs and One (1) 33 Standard Hybrid SUV - FIN -2022-148 That Quotation Q22-058 Three (3) Hybrid Police Interceptor SUVs and One (1) Standard Hybrid SUV, be awarded to Parkway Ford Sales (1996) Ltd., Waterloo, Ontario, at their quoted price of $214,202., plus H.S.T. of $ 27,846.26, for a total of $242,048.26. 12.1.e. Q22-018 Roof Replacement — KMA - Cooling Tower - FIN -2022-152 36 That Quotation Q22-018 Roof Replacement - Kitchener Memorial Auditorium - Cooling Tower be awarded to Atlantic Roofers Ontario Ltd., Hamilton, Ontario, at their quoted price of $133,900., plus H.S.T. of $17,602., for a total of $153,002.00. 12.2. ADMINISTRATIVE REPORTS 12.2.a. Funding Support for THEMUSEUM Grant - INS -2022-141 39 That $162,251 be allocated from the Facilities Management State of Good Repair (SOGR) capital account to complete THEMUSEUM roof replacement in 2022; and, That, subject to the satisfaction of the City Solicitor and Chief Financial Officer, Council approve entering into a legal agreement with THEMUSEUM outlining the financial and reporting terms to manage the Investing in Canada Infrastructure Program (ICIP) grant. 12.2. b. Streamline Development Approval Fund (SDAF) - FIN -2022-155 44 That a total budget of $1,625,000 be established for Streamline Development Approval Fund (SDAF) projects; and, That funding for $625,000 be budgeted and transferred from the Building Stabilization reserve fund with the balance coming from the SDAF grant; and That the Chief Financial Officer and General Manager of Development Services be delegated authority, subject to the Page 8 of 86 13 14. satisfaction of the City Solicitor, to sign any relevant documentation and/or agreements pertaining to the Streamline Development Approval Fund; and further, That Council Approval Authority be waived, in accordance with the Purchasing By-law, for the Procurement of Consulting Services greater than $100,000, for any project that is partially or fully funded from the SDAF. 12.2. c. Temporary Supply Chain Measures, FIN -2022-149 47 That Council approve the following temporary measures for the remainder of 2022 in response to current supply chain and inflation related trends: • Staff be delegated authority to award Solicitations that are within the Council Approved Budget, thereby reducing the overall timing of awards and increasing cost certainty for vendors; and • Staff be directed to prioritize capital projects where needed, and defer projects where appropriate to address anticipated capital project shortfalls; and • Staff be authorized to transfer funds of up to 20% between projects or from appropriate capital reserves to allow high priority projects to still proceed; and • Staff be delegated authority to extend existing agreements by one year to maintain continuity of operations and ensure a continuous supply of goods or services. 12.2.d. Applications for Cancellation, Refund, Reduction of Taxes - FIN- 55 2022-147 That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $217,173.11 as attached to Financial Services Department report FIN -2022-147, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act"). 12.3. FOR INFORMATION 12.3.a. 2021 Statement of Remuneration and Expenses - FIN -2022-113 58 12.3. b. 2021 Year End Variance - FIN -2022-130 68 REPORT OF THE COMMITTEE OF THE WHOLE BY-LAWS 14.1. 3RD READING 14.1.a. Being a by law to provide for the establishing and laying out of part of Page 9 of 86 Otterbein Road as public highway in the City of Kitchener. 14.1.b. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 14.1.c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 14.1.d. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 14.1.e. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 14.1.f. 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. 14.1.g. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 14.1.h. Being a by law to provide for the establishing and laying out of part of South Creek Drive as public highway in the City of Kitchener. 14.1.1. To confirm all actions and proceedings of the Council. 15. ADJOURNMENT Page 10 of 86 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Natalie Goss, Manager Policy and Research, 519-741-2200 ext. 7648 Richard Kelly-Ruetz, Planner (Policy), 519-741-2200 ext. 7110 WARD(S) INVOLVED: All DATE OF REPORT: March 18, 2022 REPORT NO.: DSD -2022-157 SUBJECT: Addendum Report to DSD -2022-088 — CRoZBy Stage 2b — Applying Residential Zones RECOMMENDATION: For information. REPORT HIGHLIGHTS: • The purpose of this report is to provide additional information as requested by Planning and Strategic Initiatives Committee at the March 9, 2022 meeting. • Between March 9 and the date of this report, a request was received from one property owner to have the proposed NHC-1 zoning removed from their property between March 9 and the date of this report. • The requested changes in zoning from the Region of Waterloo regarding specific Regionally owned properties align with the policies of the City's Official Plan, are generally consistent with and represent minor changes from the zoning currently in place. • Property owners and occupants within 120m of the Regionally owned properties on Weber Street West have not yet been notified of the requested changes. Should Council change the zoning of these properties as requested staff recommend providing notice of Council's decision to property owners and occupants within 120m. BACKGROUND: On March 9, 2022, the Planning and Strategic Initiatives Committee considered Report DSD -2022-088 (CRoZBy Stage 2b — Applying Residential Zones) which sought approval of a Zoning By-law amendment that would apply new residential zones to properties across Kitchener in conformity with the Official Plan. At this meeting Committee resolved: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 11 of 86 "That City -initiated Zoning By-law amendment ZBA22/0031COKIRK to By-law 2019-051 (Comprehensive Review of Zoning By-law (CRoZBy) Stage 2b — Applying Residential Zones), be approved in the form shown in the "Proposed By-law". attached to Development Services Department report DSD -2022-088 as Appendix A, save and except for the following: 1. The NHC-1 Zoning for all properties on Trussler Road, 2. The NHC-1 Zoning for all properties on Driftwood Drive; 3. The NHC-1 Zoning for all properties on Yellow Birch Drive; 4. The NHC-1 Zoning for all properties on Stonehenge Place; 5. The NHC-1 Zoning for 106 Robertson Crescent, 6. The NHC-1 Zoning for any other properties within the city who do not want to have the designation report to city staff prior to ratification at the March 21, 2022 meeting of Council, 7. The AGR -1 Zoning be deferred as it relates to the lands outside of Dundee North known as the SKPA Activa lands and the adjoining parcel commonly known as Schlegel Bayer lands, pending the conclusion of the ongoing Regional Official Plan review process; That in accordance with the Planning Act Section 45 (1.3 & 1.4) applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA22/003/COK/RK, and further, That staff be directed to prepare an addendum to Development Services Department report DSD -2022-088 for the March 21, 2022 Council meeting responding to the submission from the Region of Waterloo and addressing the following questions: 1. Does the Region's request for zoning permissions on specific properties align with the Official Plan; 2. How do current zoning permissions on these specific properties compare to proposed and requested zoning permissions; and, 3. Overall, are the requests for zoning permissions on these specific properties considered to be a minor or major change from existing zoning permissions. " REPORT: A statutory public meeting was held at the March 9, 2022 Planning and Strategic Initiatives Committee (PSIC) meeting regarding CRoZBy Stage 2b. As part of the Committee's resolution, the NHC-1 zoning was recommended to not be approved for the streets outlined in the resolution above as well as any other proposed NHC-1 properties where the property owner indicated to staff prior to March 21, 2022 that they wished to not have the NHC zoning apply to their property. Between March 9 and the date of this report the owner of 27 Sunbridge Crescent requested to not have the NHC-1 zoning apply to their property. 27 Sunbridge Crescent is currently split zoned A-1 (name of zone), A-1 and 1 R (site specific provision to require a permit from the Grand River Conservation Authority (GRCA)), and P- 3 (name of zone). Unlike the properties specifically mentioned in the PSIC resolution, this property does not currently have residential permissions and is currently split zoned with a portion of the property zoned to conserve the natural features and reflect the GRCA regulations that apply to the property. Should Council direct the NHC-1 zoning to be removed from 27 Sunbridge Crescent, this property should be removed from Zoning By-law 2019-051 in its entirety to maintain the existing split zoning of the property. Page 12 of 86 As part of the March 9, 2022 PSIC meeting, a written submission (Attachment A) was submitted by the Region of Waterloo requesting modifications to the proposed Zoning By- law amendment for specific Regionally owned properties. At the meeting, PSIC directed staff to report back to Council on March 21 with an addendum report that considered the following for the Region's submission: • Alignment with the Official Plan • A comparison of existing, proposed, and requested zoning permissions; and, • Whether the zoning requested is a minor or major change from existing zoning. Table 1 provides a summary and comparison of existing Zoning By-law 85-1 and proposed Zoning By-law 2019-051 permissions, as well as the permissions sought by the Region. Table 1 — Existina, proposed and requested zonina for Reaion-owned properties Existing 85-1 zoning Proposed 2019-051 zoning Requested zoning permissions* permissions* permissions* 273, 277, 281, 285, 289 Weber Street West 225, 231, 237, 241, 245, 249, 253, 257, 261, 265, 269 Weber Street West R-5 and R-5 (129U) RES -4 RES -5 Max bldg. height — 10.5m Max bldg. height — 11 m & 3 Site specific provision requested storeys Max bldg. height — 14m Max FSR — N/A Max FSR — 0.6 Max FSR — 0.75 Max number of units: 2 or 3 Max number of units: 4 Max number of units: no max 15-105 Moore ate Crescent R-9 RES -7 (176) RES -7 Permitted uses — multiple Permitted uses — multiple Permitted uses — add street & dwellings which includes all dwellings, does not include street cluster townhouse dwellings to a forms of townhouse dwellings or cluster townhouse dwellings max 0.6 FSR and as per RES -5 regulations Min. bldg. height — N/A Min bldg. height — 14m Min building height— 9m Bldg. height transition — N/A Bldg. height transition (general) — max height of 12m within 15m of Bldg. height transition — remove site low-rise res. zone specific (176) and do not apply general building height transition. Building height transition (Site Replace with a holding provision Specific Provision 176) — (H) requiring the submission of an maximum height of 25m within Urban Design Brief to the 30m of low-rise residential zone satisfaction of the Director of Planning together with a site plan application 1388 Highland Road West R-9 (7HSR) RES -7 (176) (27H) RES -7 (27H) Permitted uses — multiple Permitted uses — multiple Permitted uses — add street & dwellings which includes all dwellings, does not include street cluster townhouse dwellings to a forms of townhouse dwellings or cluster townhouse dwellings max 0.6 FSR and as per RES -5 regulations Min. bldg. height — N/A Min bldg. height — 14m Min building height— 9m Bldg. height transition — N/A Bldg. height transition (general) — max height of 12m within 15m of Bldg. height transition — remove site low-rise res. zone specific (176) and do not apply eneral Idg. height transition. Page 13 of 86 Existing 85-1 zoning permissions* Proposed 2019-051 zoning permissions* Requested zoning permissions* Holding provision (7HSR) — to Bldg. height transition (site specific Replace with a holding provision secure servicing and road 176) — max. height of 25m within (H) requiring the submission of an works 30m of low-rise res. zone Urban Design Brief to the satisfaction of the Director of Holding provision (27H) — to Planning together with a site plan secure servicing and road works application Holding provision (27H) — to secure servicing and road words *Regulations shown for comparison purposes are those for multiple dwellings and only those that are requested to be changed through the Region's submission The requested zoning changes: • For the Weber Street West properties would allow the development of low-rise multi- unit apartments or townhouses up to 14 metres in height (about 4 storeys). The zoning recommended in report DSD -2022-088 would allow a maximum of 4 units up to 3 storeys in height. • For the Mooregate Crescent properties and Highland Road West property would result in similar zoning permissions to the existing R-9 zoning under Zoning By-law 85-1. The low-rise residential transition regulations of new Zoning By-law 2019-051 would be replaced with a Holding Provision requiring an Urban Design brief which would evaluate the impacts of development on adjacent low-rise residential properties. The zoning permissions requested by the Region outlined in Table 1 align with Kitchener's Official Plan. Additionally, as outlined in their submission, the Region classifies their requested zoning changes as minor changes from existing zoning on these properties. The zoning changes requested for the Weber Street West properties are ones that, had they been proposed through the CRoZBy process, would have resulted in notification to the owners and occupants of properties within 120m of the subject properties. The Region submits that the requested zoning is appropriate for the Weber Street West properties as increases in height/density are permitted along arterial roads per Kitchener's Official Plan. The Region also submits that these properties are separated by the surrounding neighbourhood by a rail line and trail. City staff note that the zoning permissions requested for the Weber Street West properties are more significant than the changes requested for other Regionally owned properties but are proposed changes that generally align with and are contemplated by the City's Official Plan policies. Should Council change the zoning of these properties as reauested staff recommend Drovidina notice of Council's decision to roperty owners and occupants within 120m. STRATEGIC PLAN ALIGNMENT: 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: Community engagement for the CRoZBy project was outlined in report DSD -2022-088. Page 14 of 86 PREVIOUS REPORTS/AUTHORITIES: DSD -2022-088 CRoZBy Stage 2b — Applying Residential Zones APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — March 9, 2022 Region of Waterloo Public Meeting Submission Page 15 of 86 Sent via Email: Natalie Goss, Manager Policy Dear Planning & Strategic Initiatives Committee & members of Council, Re: City of Kitchener Crozby Zoning, Comments from Region of Waterloo Comprehensive Review of the Zoning By-law (CRoZBy) Stage 2B — Applying New Residential Zones on Properties — DSD -2022-088 On behalf of the Region of Waterloo Housing Services and Economic Development teams, we thank you for the opportunity to present these comments (and recommendations) related to the City's Stage 2B Crozby Zoning report on residential zones being presented to Committee on March 9, 2022. As a new affordable housing cross -divisional team at the Region, and as part of a collaborative effort with City staff, we request your consideration of some minor amendments to the proposed residential zoning in order to support new affordable housing opportunities on regionally -owned properties. The requests herein are focused on pipeline properties that have been earmarked to advance our Building Better Futures framework and the delivery of affordable housing opportunities throughout the community. They are based on a supporting rational, which we ask be considered by Committee/Council as site- specific amendments prior to the final zoning bylaw being passed. We are open, and look forward to continuing to work with staff to advance our shared priorities on these properties. The Context. The housing and economic development teams at the Region have prepared these comments based on specific considerations, including: conformity to the City of Kitchener Official Plan policies and policy intent; the Region of Waterloo Building Better Futures affordable housing framework (and Affordable Housing Master Plan); The City of Kitchener Housing for All strategy; the recently released Provincial Affordable Housing Task Force; as well as, enabling zoning strategies as permitted by The Ontario Planning Act. More specifically, these amendments have been prepared to advance a pipeline of affordable housing opportunities in the City of Kitchener that would be subject to a full community engagement plan with The City of Kitchener and neighbours. Without these amendments, the Region will require significant resources (and time) to amend this zoning. A summary of the recommendations is provided below. Document Number: 3972667 Version: 7 Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission 2022-03-09 Page 1 of 7 Page 16 of 86 Recommendation 1. Specific to: Weber Street Properties (273, 277,281,285,289, 293 inclusive. 225, 231, 237, 241, 245, 249, 253, 257, 261, 265, 269 inclusive.) A missing middle housing solution. Regional staff request to re -zone select regional properties owned on Weber Street West from RES -4 to RES -5 with site specific provision to allow a maximum 14 metre height limit (from 11 metres), and, maximum density of 0.75 (vs. 0.6 FSR) which is in conformity with the Low Rise Residential land use policies (refer to Appendix 1). The subject properties include 225-269 Weber Street West inclusive, and, 273-293 Weber Street West inclusive. This amendment is requested based on the properties being located on an arterial road and the existing Official Plan policies (noted in Appendix 1) that permits slightly higher density and uses on these lands. As a further consideration, this land is separated by the surrounding neighbourhood by an existing rail line and major trail making it a preferred (and suitable) location for this height and density. The current proposed RES -4 zoning presents an underutilization of the property and would require a separate zone change application for the Region to move forward to implement the existing land use policies. The proposed amendments would enable the existing Low Rise Designation policies and would better support the Region's Building Better Futures vision for housing on available lands. We kindly request that this site be rezoned prior to the zoning bylaw being approved. Recommendation 2. Specific to: 1388 Highland Road West & 15 through 105 Mooregate Crescent The existing R-9 zone is being re -zoned to RES -7. This new zoning implements the High Density Residential land use designation in the Official Plan, and, includes a series of performance-based regulations that will re -shape the built form of this high-density zoned land. The Region owns a number of sites with the proposed RES -7 zoning. Of these, two sites in particular are of priority interest in the delivery of affordable housing as part of the Building Better Futures Initiative. These include a surplus property at 1388 Highland Road West, and the existing Waterloo Region Housing site at 15-105 Mooregate Crescent. Based on the existing site parameters (including irregular property dimensions and configurations), surrounding land uses and context, the following site-specific amendments are recommended to the zoning to deliver on our affordable housing mandate: 1) Expand permitted uses to re -instate permissions for both "street and cluster townhouse dwellings" on these regionally owned RES -7 sites in order to maintain the opportunity for greater housing choice and a variety of building typologies on these high density sites. This expansion of allowable dwelling types is requested to maintain permissions that allow for site- specific responses to context, housing needs and site parameters, without compromising overall site density or planned function. An FSR specific to the Street, and/or Cluster Townhouse use can be applied to ensure a portion of the property is developed for multi -unit residential. We would suggest a maximum FSR of 0.6 be applied for these dwelling types. The inclusion of this type of housing will provide greater housing options, as well, some enhanced neighbourhood transition opportunities. Document Number: 3972667 Version: 7 Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission 2022-03-09 Page 2 of 7 Page 17 of 86 2) Reduce the minimum building height of 14 metres, by five (5) metres to maintain flexibility and contextual built form. For these sites, the minimum building height should be reduced from 14 metres to nine (9) metres. This zoning relief is requested to ensure consistency with the built form / dwelling type permissions of the zone. The reduction in minimum height adds greater flexibility in the site design, accommodates construction cost savings opportunities (townhouse vs higher cost apartment construction), and reduces future zoning bylaw conflicts that would add time and cost to an affordable housing project. The minimum 2.0 Floor Space Density is still maintained and as noted above criteria around FSR specific to lower density forms of housing can be incorporated. By providing greater housing choice on high density sites, this will help to address affordability through regulation both in construction and in price point to the market. 3) Exempt these properties from the transition provisions to adjacent low rise residential, and put in place a holding provision requiring an Urban Design Brief be prepared and approved by City Staff. Both sites (Highland and Mooregate) are subject to General Regulation Section 4. Regulation 4.19, Transition to Low -Rise Residential, and site specific provision (176) Where General Regulation Section 4.19, requires a maximum 12 -metre building height within a 15 metre setback from any low rise zone. Where site-specific provision 176 states — "Within the lands zoned RES -7 and shown as affected by this provision on Zoning Grid Schedules 11 and 36, the building height shall not exceed 25 metres within 30 metres of a lot with a low-rise residential zone." These transition provisions pose significant challenge to the development of these properties for high-density / high-rise residential. While the Region respects and encourages appropriate transition to low-density neighbourhoods, the regulations suggested have been applied as a standard across a number of unique properties, where we'd suggest, the most appropriate transition response be through thoughtful design analysis. With these regulations in place, they could introduce a significant design barrier in the process. We would also suggest, there is precedence where taller buildings are compatible with surrounding low-rise neighbourhoods and those relationships are better understood through the design process rather than a by-law regulation. Given the notion of transition is often site specific, we would ask that the evaluation of appropriate transition be considered through design analysis at point of application, empowering staff, applicant and neighbour to define an appropriate solution for the site, and remove the need for a potential zoning amendment where appropriate transition can be achieved. We kindly ask both sites, be exempt from general provision 4.19 and site specific provision (176), with a holding zone put in place to instead require submission of an Urban Design Brief as part of any site plan application. Document Number: 3972667 Version: 7 Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission 2022-03-09 Page 3 of 7 Page 18 of 86 Recommendation 3. Specific to: 1388 Highland Road West Provision 27H states — "Within the lands zoned RES -7 and shown as affected by this provision on Zoning Grid Schedule 11 of Appendix A, no development on the lands shall occur until such time as the City's Director of Planning is in receipt of a clearance letter is required from the City of Kitchener's Director of Engineering advising the City's Director of Planning that adequate City services and/or roadworks are "available" or that "acceptable arrangements" have been made therefor, and this holding provision has been removed by by-law." The Region understands the necessary infrastructure is now in place to secure clearance and lift the holding zone. The servicing infrastructure was constructed as part of the Highland Road project completed by the Region of Waterloo. We will continue to expedite clearance with City staff, in the interest of obtaining a clearance letter prior to final By -Law reading. Should that occur, we request that the City remove holding provision (27H) through this comprehensive update prior to by-law passing, or, a following date. Other Regional Properties: Beyond those properties listed herein, the Region have a number of other properties within the City of Kitchener which form part of a broader portfolio of land which could be utilized to advance our affordable housing initiative. These include, among others, the contiguous properties at Woodview and Stonegate Crecent (part of the future River Road Reserve), sites within future Major Transit Station Areas, and others. The Region will continue to work with City staff on these longer term priorities on any required zoning amendments, as sites are advanced. Specific to the regionally owned lands at Woodview and Stonegate Crescent. These are two contiguous parcels of land bound by Stonegate Drive to the East, King Street East to the North and Hofstetter Avenue to the West and South. They are held in the Region's interest for Road reserve, but also present a potential long-term opportunity for new affordable housing. They are currently split zoned "R-9/11-3" and proposed to maintain a split zone between "RES_2/RES-7". The Region would request that where a split zoning is indicated, we review and consider opportunities to higher density ("RES -7") across the site's entirety with a holding provision requiring Urban Design Study to ensure appropriate transition to adjacent low rise residential neighbourhoods. Summary. The Regional cross -divisional team commends the City for this significant body of work, which continues to manage appropriate growth through regulation. We are in support many aspects of the proposed Crozby residential zoning. We appreciate the City of Kitchener's willingness to work together on the matter of affordable housing as a community -wide priority, and see these zoning changes as a way to work together and support our shared affordable housing initiative. Document Number: 3972667 Version: 7 Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission 2022-03-09 Page 4 of 7 Page 19 of 86 The Region is responsible to facilitate 2,500 affordable housing units over the next five years, and the proposed amendments provided in this letter would help advance greater affordable housing options in the City of Kitchener on regionally owned land. These amendments are supported by the current Official Plan policies and introduce a level of flexibility that will support greater design options on these lands. We believe the majority of these site specific amendments can be approved as an amendment prior to final bylaw being passed. Any future land decision will also involve a thoughtful public engagement process and engagement with the City of Kitchener. We thank you for your time and consideration with these requests. Yours truly, Ryan Mounsey Manager of Affordable Housing Development cc. Sarah Millar Manager, Land Portfolio (Economic Development & Housing) Bruce Lauckner, CAO Rod Regier, Commissioner PDLS Jeff Schelling, Regional Solicitor/ Director, Legal Services Mathew Chandy, Director of Economic Development and Smart Waterloo Region Ryan Pettipiere, Director Housing Services Tom Penwarden, Manager Real Estate Services Dan Chapman, City of Kitchener CAO Richard Kelly-Ruetz, City of Kitchener Planner (Policy) Document Number: 3972667 Version: 7 Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission 2022-03-09 Page 5 of 7 Page 20 of 86 APPENDIX 1— Official Plan Policy Excerpts Low Density Residential Land Use 15.D.3.8. The Low Rise Residential land use designation will accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. 15.D.3.9. The City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. 15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all development and redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio of 0.75 may be considered where it can be demonstrated that the increase in the Floor Space Ratio is compatible and meets the general intent of the policies in this Plan. An Official Plan Amendment will be required to consider an increase in the Floor Space Ratio greater than 0.75. 15.D.3.12. No building will exceed 3 storeys or 11 metres in height, at the highest grade elevation. Relief from the building height may be considered for properties with unusual grade conditions and for buildings and/or structures with increased floor to ceiling heights and architectural features provided the increased building height is compatible with the built form and physical character of the neighbourhood. 15.D.3.13. Notwithstanding Policy 15.D.3.12, a maximum building height of 4 storeys or 14 metres, at the highest grade elevation, whichever is the lesser, may be permitted on lands having primary frontage on to a Regional Road or City Arterial Street. Document Number: 3972667 Version: 7 Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission 2022-03-09 Page 6 of 7 Page 21 of 86 Appendix 2 — Zoning Bylaw Amendment Request: Municipal Addresses (Regionally Owned Land) Properties Official Plan Current Proposed Region of Waterloo Proposed zoning Designation zoning CRoZBY changes through CRoZBY (2019-051) (89-1) (2019-051) Weber Street West Low Rise R-5, and, RES -4 RES -5 with site-specific provision to Properties Residential R-5 with permit maximum 14 metres building 273,277,281,285,289, 129U height and 0.75 FSR. 293 inclusive. 225, 231, 237, 241, 245, 249, 253, 257, 261, 265, 269 inclusive. Mooregate High Rise R-9 RES -7 (176) RES -7 with site-specific provision to (15-105 Mooregate, Residential reduce minimum building height from Waterloo Region Housing) 14 metres to 9 metres; permit both Street and Cluster Townhouse Dwellings to a maximum FSR of 0.6 in accordance with the regulations of the RES -5 zone; delete site specific provision (176) and exempt the property from Section 4.19 (Transition to low-rise residential). Apply a holding provision (H) requiring an urban design brief to be approved by the Director of Planning demonstrating an appropriate transition is provided to adjacent low- rise residential neighbourhoods. 1388 Highland High Rise R9 RES -7 (176) RES -7 with site-specific provision to Residential [7HSR] reduce minimum building height from 14 metres to 9 metres; permit both Street and Cluster Townhouse Dwellings to a maximum FSR of 0.6 in accordance with the regulations of the RES -5 zone; delete site specific provision (176) and exempt the property from Section 4.19 (Transition to low-rise residential). Apply a holding provision (H) requiring an urban design brief to be approved by the Director of Planning demonstrating an appropriate transition is provided to adjacent low- rise residential neighbourhoods. Document Number: 3972667 Version: 7 Document Name: Letter City of Kitchener 2022 Crozby Zoning Submission 2022-03-09 Page 7 of 7 Page 22 of 86 Staff Report J IKgc.;i' r� R Infrastructure Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Ryan Scott, Manager, Procurement, 519-741-2200 ext. 7214 PREPARED BY: Brad Kowaleski, Procurement Specialist, 519-741-2200 ext. 7063 WARD(S) INVOLVED: N/A DATE OF REPORT: March 11, 2022 REPORT NO.: FIN -2022-110 SUBJECT: Q22-027 Gas Pipeline Construction RECOMMENDATION: That Quote Q22-027 Gas Pipeline Construction, be awarded to NPL Canada Limited, Vaughn, Ontario, at their quoted price of $5,599,817, plus H.S.T. of $836,754.30, for a total of $6,436,571.77 for the first year of a three (3) year contract, with the option to renew for one (1) additional two (2) year period. REPORT HIGHLIGHTS: The purpose of this report is to obtain approval to proceed with an award as per Purchasing By-law 2017-106; There were three (3) submissions received for this procurement; This report supports the delivery of core services. BACKGROUND: The Gas Pipeline Construction Contract addresses the need for several types of projects: To install underground gas mains and services to service new customers. This work is needed to ensure that the City of Kitchener homeowners and business owners all have equal and safe access to natural gas, if they require it. To replace existing piping in locations that conflict with underground infrastructure proposed by others. This work is needed to comply with regulatory requirements for utilities to relocate existing infrastructure if requested by the road authority. To replace aging or failing existing piping. This work is needed to maintain the safety and reliability of natural gas supply to existing customers. The Contractor will maintain the roles and responsibilities as the Constructor for the various gas pipeline installation and replacement projects for the life of this contract. Staff have purposefully bundled multiple projects under this single contract to align the City with a partner for an extended period of time, obtain value for money through better pricing, and streamline *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 23 of 86 administrative work. This puts staff in the best possible position to be able to provide quality customer service to existing customers, shorter timelines to service new customers and address location conflicts. The actual spend will depend on the level of activity throughout the term of the contract. REPORT: As per clause 170.7.1 of the Purchasing By-law 2017-106, the Director of Supply Services shall submit a report to Council recommending award of a purchase greater than $750,000. Submissions were advertised publicly on the City of Kitchener website. Documents were downloaded by nine (9) interested parties and by the closing date of Thursday February 24, 2022, three (3) quotes had been received. The following quotes were received: Bid Price NPL Canada Ltd. Vaughn, ON $6,436,571,77 Aecon Utilities Toronto, ON $7,998,627.20 Clearway Utilities Inc. Maple, ON $8,341,731,79 The quotes were reviewed by S. Eastman, Utilities Engineer, who concurs with the above recommendation. The price for gas pipeline construction has decreased 7% from the 2017 contract. The prices shown reflect the anticipated spend for year one (1), of the initial three (3) year contract. Anticipated spend in following years is dependent upon the construction schedule developed by Utilities. Annual unit price adjustments shall be automatic, based on the annual inflation figure of the Ontario Consumer Price Index from the preceding year and renewal subject to mutual agreement. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The net cost for this quote (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 (E) will remain in the account to fund similar work conducted by the City. Yearly budgeting for this program is static, however the work performed fluctuates depending upon growth and redevelopment projects that are outside of City control. Page 24 of 86 Q22-027 Gas Pipeline Construction Estimated Cost Quote Q22-027 costs, including HST less: HST rebate Net Cost Being Awarded Projected Costs: Staff Time Supplies and Materials Other internal costs Total Estimated Cost for this Phase of Work Funding Available Budget 2022 - Gas Pipelines Budget 2022 - Gas Capacity Projects Total Budget for this Phase of Work Estimated Surplus/(Deficit) for this Phase of Work (B - C) Balance in Account, net of encumbrances Total Estimated Surplus/(Deficit) COMMUNITY ENGAGEMENT: 6,436,571.77 (740,490.56) 5,696,081.21 A 1,018,000.00 849,000.00 101,000.00 7,664,081.21 C 8,589,000.00 1,050,000.00 9,639,000.00 B 1,974,918.79 D (523,643.71) 1,451,275.08 E INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department Page 25 of 86 StaffReport xmllf f ER finance and Corporate Services Department www.kitchener ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Ryan Scott, Manager, Procurement 519-741-2200 ext. 7214 PREPARED BY: Jenny Ung, Procurement Specialist, 519-741-2200 ext. 7216 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: March 11, 2022 REPORT NO.: FIN -2022-145 SUBJECT: Q22-057 Montgomery Creek (Wilson Park between Wilson Avenue and Vanier Drive) Restoration RECOMMENDATION: That Quotation Q22-057 Montgomery Creek (Wilson Park between Wilson Avenue and Vanier Drive) Restoration, be awarded to 560789 Ontario Limited o/a R&M Construction, Acton, Ontario, at their adjusted quoted price of $3,100,760.72, including provisional items and contingencies of $149,425., plus H.S.T. of $403,098.89, for a total of $3,503,859.61. REPORT HIGHLIGHTS: • The purpose of this report is to obtain approval to proceed with an award as per Purchasing By-law 2017-106; • There were four (4) solicitations received for this procurement; • This report supports the delivery of core services. BACKGROUND: Montgomery Creek, a tributary of Lower Schneider Creek, drains a watershed area of 846.3 hectares and is situated entirely within the City of Kitchener (the City). The City has identified a section of Montgomery Creek between Wilson Ave and Vanier Drive that requires restoration. This area was prioritized in the Integrated Stormwater Management Master Plan (ISWMMP) in 2016 due to risk associated with an exposed watermain that is located above ground in the watercourse, under the Vanier Dr bridge. The project is multifaceted and includes design for a new bridge (Vanier Dr), a new pedestrian bridge, and realignment and paving of existing trails within Wilson Park. This project will restore degraded sections of the watercourse using the approach of natural channel design to repair and mitigate the erosive forces associated with urban stormwater. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 26 of 86 This project is funded in part by the Government of Canada through the Disaster Mitigation and Adaptation Fund (DMAF). Construction is anticipated to begin this summer and be completed prior to spring 2023. REPORT: As per clause 170.7.1 of the Purchasing By-law 2017-106, the Director of Supply Services shall submit a report to Council recommending award of a purchase greater than $750,000. Six (6) pre -qualified contractors were invited to submit their bids for this quote. By the closing date of Monday March 7, 2022, four (4) quotations had been received. The following quotations were received: 560789 Ontario Limited o/a R&M Construction J-AAR Excavating Limited 2220742 Ontario Ltd o/a Bronte Construction Dynex Construction Inc. The quotations were reviewed by S. Brickman, Supervisor of Capital Programs, L. Christensen, Project Manager of Trails, D. Dychuck, Supervisor of Operations, N. Gollan, Manager of Utility Planning and Programs, N. Lobley, Director of Parks and Cemeteries, E. Pastrik, Manager of Maintenance and Operations, R. Roy, Landscape Architect, A. Visneski, Manager of Parks and Open Space Design and Development, and M. Wilson, Water Resources Engineer, who concur with the above recommendation. Bid prices were adjusted by reducing the project contingency amount. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: In addition to the costs anticipated in this quotation, 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", and will be itemized when they exceed $125,000.00. 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. Page 27 of 86 Bid Price Adjusted Bid Price (Incl. Taxes) (Incl. Taxes) Acton ON $3,729,859.62 $3,503,859.61 London ON $4,679,871.64 $4,453,871.64 Burlington ON $4,718,273.19 $4,492,273.19 Concord ON $5,558,696.80 $5,332,696.80 The quotations were reviewed by S. Brickman, Supervisor of Capital Programs, L. Christensen, Project Manager of Trails, D. Dychuck, Supervisor of Operations, N. Gollan, Manager of Utility Planning and Programs, N. Lobley, Director of Parks and Cemeteries, E. Pastrik, Manager of Maintenance and Operations, R. Roy, Landscape Architect, A. Visneski, Manager of Parks and Open Space Design and Development, and M. Wilson, Water Resources Engineer, who concur with the above recommendation. Bid prices were adjusted by reducing the project contingency amount. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: In addition to the costs anticipated in this quotation, 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", and will be itemized when they exceed $125,000.00. 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. Page 27 of 86 The net cost for this quotation (A), is fair and reasonable but the upset limit exceeds the budget allowance (B) for the project. Additional funding for this purchase is provided by a contribution from Parks & Cemeteries, the Miscellaneous Creek Rehab program, and the Stormwater Management Fee account. The estimated surplus (E) will be returned to the various sources of funding upon completion of the project. Quotation Q22-057 Montgomery Creek (Wilson Park between Wilson Avenue and Vanier Drive) Restoration The total budget for all phases of this project is $3,735,000.00 Estimated Cost for this Phase of Work Quotation Q22-057 costs, including HST 3,503,859.61 less: HST rebate on Quotation (348,525.35) Net Cost Being Awarded 3,155,334.26 A Costs Incurred to Date 558,907.56 Projected Costs: Staff Time 10,000.00 Total Estimated Cost for this Phase of Work $3,724,241.82 C Budget for this Phase of Work Stormwater Utility 1,426,000.00 Disaster Mitigation and Adaptation Fund (DMAF) Grant 1,462,000.00 Contribution from Parks and Cemeteries 405,000.00 Miscellaneous Creek Rehab 190,000.00 Stormwater Management Fee 252,000.00 Total Budget for this Phase of Work $3,735,000.00 B Estimated Surplus/(Deficit) for this Phase of Work (B - C) 10,758.18 D Estimated Surplus/(Deficit) from previous phases - Total Estimated Surplus/(Deficit) $10,758,18 E COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Page 28 of 86 PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department Page 29 of 86 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Ryan Scott, Manager, Procurement 519-741-2200 ext. 7214 PREPARED BY: Jenny Ung, Procurement Specialist, 519-741-2200 ext. 7216 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: March 11, 2022 REPORT NO.: FIN -2022-146 SUBJECT: T22-005 Greenfield Avenue and Traynor Avenue (Carrot Street to Connaught Street) Road Reconstruction RECOMMENDATION: That T22-005 Greenfield Avenue and Traynor Avenue (Carrot Street to Connaught Street) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd., Cambridge, Ontario, at their tendered price of $3,387,196.39, including provisional items and contingencies of $221,517.50, plus H.S.T. of $440,335.53, for a total of $3,827,531.92. REPORT HIGHLIGHTS: • The purpose of this report is to obtain approval to proceed with an award as per Purchasing By-law 2017-106; • There were six (6) solicitations received for this procurement; • This report supports the delivery of core services. BACKGROUND: Engineering Services is proceeding with the reconstruction of Greenfield Avenue (between Carrol Street and Traynor Avenue, approximately 270 meters long) and Traynor Avenue (between Greenfield Avenue and Connaught Street, approximately 270 meters long). Funds for construction have been approved by Council as part of the 2022 budget. The services were originally constructed in the 1950's and are in need of replacement. Full funding for this project has been approved by council as part of the 2022 budget process. The project is scheduled to begin May 2, 2022, weather permitting. This work is being completed under the City's Water Infrastructure Program (WIP) for road reconstructions. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 30 of 86 REPORT: As per clause 170.7.1 of the Purchasing By-law 2017-106, the Director of Supply Services shall submit a report to Council recommending award of a purchase greater than $750,000. Tenders were advertised publicly on the City of Kitchener website. Documents were downloaded by thirty-one (31) interested parties and by the closing date of Monday March 7, 2022, six (6) tenders had been received. The following tenders were received: Bid Price (Incl. Taxes) Regional Sewer and Watermain Ltd. Cambridge ON $3,827,531.92 Steed and Evans Limited St. Jacobs ON $3,975,221.35 Sierra Infrastructure Inc. Woodstock ON $3,978,000.00 410754 Ontario Limited o/a Sousa Concrete Guelph ON $4,300,000.15 BEECH Infrastructure Group Ltd. Brantford ON $4,491,836.13 Oxford Civil Group Inc. Woodstock ON $4,891,063.26 The tenders were reviewed by S. Allen, Manager of Engineering Design and Approvals, and Y. Bhattachan, Design and Construction Project Manager, 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/Permitting/Material testing", and will be itemized when they exceed $125,000.00. Included in this line item are staff time and expenses for all city staff in support of the project such as Engineering, Kitchener Utilities, and Transportation Planning. The line item also includes all regulatory permitting, geotechnical and material testing, detouring and traffic control, alternate access and parking requirements and any other miscellaneous costs. Projects utilizing in-house staff will include costs for inspection during construction and contract administration. The net cost for this tender (A), is fair and reasonable for a purchase of this scope and the upset limit is within the budget allowance (B) provided within the budget. Funding for this purchase is included within the approved capital forecast. The estimated surplus (E) will be returned to the WIP Road Reconstruction general account, and will be used to fund unexpected deficits in WIP Road Reconstruction projects. Page 31 of 86 Tender T22-005 Greenfield Avenue and Traynor Avenue (Carrot Street to Connaught Street) Road Reconstruction The total budget for all phases of this project is Estimated Cost for this Phase of Work Tender T22-005 costs, including HST less: HST rebate on Tender Net Cost Being Awarded Projected Costs: Staff Time/Material Testing Total Estimated Cost for this Phase of Work Budget for this Phase of Work WIP - Road Reconstruction - Sanitary Utility WIP - Road Reconstruction - Stormwater Utility WIP - Road Reconstruction - Water Utility Total Budget for this Phase of Work Estimated Surplus/(Deficit) for this Phase of Work (B - C) Estimated Surplus/(Deficit) from previous phases Total Estimated Surplus/(Deficit) COMMUNITY ENGAGEMENT: $4,043,000.00 3,827,531.92 (380,720.70) 3,446,811.22 A 97,090.95 $3,543,902.17 C 1,634,000.00 817,000.00 1,101, 000.00 $3,552,000.00 B 8,097.83 D 19.407.00 $27,504.83 E INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department Page 32 of 86 StaffReport xmllf t ER finance and Corporate Services Department www.kitchener ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Ryan Scott, Manager of Procurement 519-741-2200 ext. 7214 PREPARED BY: Jenny Ung, Procurement Specialist, 519-741-2200 ext. 7216 WARD(S) INVOLVED: N/A DATE OF REPORT: March 11, 2022 REPORT NO.: FIN -2022-148 SUBJECT: Q22-058 Three (3) Hybrid Police Interceptor SUVs and One (1) Standard Hybrid SUV RECOMMENDATION: That Quotation Q22-058 Three (3) Hybrid Police Interceptor SUVs and One (1) Standard Hybrid SUV, be awarded to Parkway Ford Sales (1996) Ltd., Waterloo, Ontario, at their quoted price of $214,202., plus H.S.T. of $ 27,846.26, for a total of $242,048.26. 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 only one (1) bid was received in response to this solicitation; • This report supports the delivery of core services. BACKGROUND: These units will replace units 16231, 16232 and 16233 in CSD — Bylaw Enforcement and unit 4454 in CSD — Fire. Three units will be used for ongoing support to Bylaw enforcement, and one will be used to support fire command. All replacements were approved in the 2022 Annual Equipment Review. Units 16231, 16232, 16233 are currently six (6) years old with an anticipated lifecycle of four (4) years and unit 4454 is currently ten (10) years old with an anticipated lifecycle of eight (8) years. REPORT: As per clause 170.7.3 of the Purchasing By-law 2017-106, it states, "Regardless of 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: d. only one Bid was received in response to a Solicitation". *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 33 of 86 Quotations were advertised publicly on the City of Kitchener website. Documents were downloaded by two (2) interested parties and by the closing date of Friday March 11, 2022, one (1) quotation had been received. The following quotation was received: Bid Price (Incl. Taxes) Parkway Ford Sales (1996) Ltd. Waterloo ON $242,048.26 The quotation was reviewed by M. Lynch, Manager of Fleet Planning, who concurs with the above recommendation. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The net cost for this quotation (A), is fair and reasonable for a purchase of this scope, but the upset limit is beyond the allowance provided within the budget (B). Funding for this equipment is included within the approved capital budget. The estimated deficit (D) will be funded from previous surpluses that have been closed out to the Equipment Reserve Fund. Quotation Q22-058 Three (3) Hybrid Police Interceptor SUVs and One (1) Standard Hybrid SUV Estimated Cost for this Quotation Quotation Q22-058 including HST 242,048.26 less: HST rebate on quotation (24,076.30) Net Cost Being Awarded 217,971.96 A Projected Costs for Additional Outfitting Total Estimated Cost for this Quotation Budget for this Quotation Replacement of units 16231, 16232 and 16233 in CSD — Bylaw Enforcement and unit 4454 in CSD — Fire Estimated Surplus/(Deficit) for this Quotation (B - C) $217,971.96 C $205,000.00 B (12,971.96) D Page 34 of 86 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department Page 35 of 86 Staff Report J IKgc.;i' r� R Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Ryan Scott, Manager of Procurement, 519-741-2200 ext. 7214 PREPARED BY: Harvey Mariera, Procurement Specialist, 519-741-2200 ext. 7217 WARD(S) INVOLVED: N/A DATE OF REPORT: March 14, 2022 REPORT NO.: FIN -2022-152 SUBJECT: Q22-018 Roof Replacement — KMA - Cooling Tower RECOMMENDATION: That Quotation Q22-018 Roof Replacement - Kitchener Memorial Auditorium - Cooling Tower be awarded to Atlantic Roofers Ontario Ltd., Hamilton, Ontario, at their quoted price of $133,900., plus H.S.T. of $17,602., for a total of $153,002.00 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 five (5) bid submissions received for this procurement; • This report supports the delivery of core services. BACKGROUND: IRC Building Sciences Group conducted a roof condition assessment of the Kitchener Memorial Auditorium — Cooling Tower. The roofing consultant concluded roof sections at the Cooling Tower are at the end of their useful service lives. The roofing consultant recommend replacement of the roof sections according to the specifications. The work is scheduled to proceed the first week of May 2022, weather permitting. REPORT: As per clause 170.7.3 of the Purchasing By-law 2017-106, it states, "Regardless of 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: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 36 of 86 a. the value of the Bid being recommended for award including any contingency allowance are in excess of the Council approved budget. The bid was advertised publicly on the City of Kitchener website. Documents were downloaded by five (5) pre -qualified parties and by the closing date of February 15, 2022, five (5) quotations had been received. The following quotes were received; Bid Price Atlantic Roofers Ontario Ltd. Hamilton ON $153,002.00 Atlas -Apex Roofing Inc. Toronto ON $170,042.40 Viana Roofing & Sheet Metal Ltd. Toronto ON $178,562.60 Semple Gooder Roofing Corporation Toronto ON $188,664.80 Bothwell -Accurate Co. Inc Mississauga ON $197,800.85 The bid submission was reviewed by J. Cietwierkowski, IRC Building Sciences Group, the City's Roofing Consultant, A.TenBruggencate, the City's Project Manager and L. Stewart, Manager of Projects & Energy Management, who concur with the above recommendation. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The net cost for this quotation (A), is fair and reasonable for a purchase of this scope, but the upset limit is beyond the allowance provided within the budget (B). Funding for this project is included within the approved capital budget. The estimated deficit (D) will be funded from the existing capital balance in the Aud Roof Account. There are sufficient funds in the account to fund the deficit. Page 37 of 86 Quotation Q22-018 Roof Replacement - Roof Replacement - Kitchener Memorial Auditorium - Cooling Tower Estimated Cost for this Quotation Quotation Q22-018 costs, including HST less: HST rebate on quote Net Cost Being Awarded Costs Incurred to Date Estimated Cost Roof — Aud (Section 1.4 and Entrance Canopy) budget $ 153,002.00 (17,602.00) 135,400.00 A $135.400.00 C Total Budget: $90.000.00 B Estimated Surplus/(Deficit) (B - C) (45,400.00) D COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department. Page 38 of 86 StaffReport xmllf ER finance and Corporate Services Department www.kitchener ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Qureshi, Asad, Director Facilities Management 519-741-2600 X 4424 PREPARED BY: Stewart, Lynda, Manager Projects & Energy Management 519 741 2600 X 4215 WARD(S) INVOLVED: All Wards DATE OF REPORT: March 1, 2022 REPORT NO.: INS -2022-141 SUBJECT: Funding Support for THEMUSEUM Grant RECOMMENDATION: That $162,251 be allocated from the Facilities Management State of Good Repair (SOGR) capital account to complete THEMUSEUM roof replacement in 2022; and, That, subject to the satisfaction of the City Solicitor and Chief Financial Officer, Council approve entering into a legal agreement with THEMUSEUM outlining the financial and reporting terms to manage the Investing in Canada Infrastructure Program (ICIP) grant. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council direction on providing additional financial resources and cashflow to THEMUSEUM to meet the grant requirements of the Investing in Canada Infrastructure Program (ICIP) grant program for improvements related to the city - owned building. • The key findings of this report are: o The tenders received for the roof replacement exceed the resources available within the grant award. o The funder requires a resubmission of documents to support a revised scope of work focused on the roof replacement only. A plan to address budget shortfall is also required to be submitted to the funder. o The ICIP grant program reimburses grant recipients based on paid invoices. THEMUSEUM, as the grant recipient, is not in a financial position to cashflow this project and has requested the City provide support to pay invoices. o A legal agreement between the City and THEMUSEUM would be formalized for the repayment of any cash advances, subject to the terms of the funding agreement. • The financial implications are an additional $162,251 is needed to award the tender for roof replacement at THEMUSEUM. This amount could be allocated from the Facilities Management State of Good Repair (SOGR) capital account. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 39 of 86 • Community engagement included posting the report to the City's website in advance of the council meeting. • This report supports the delivery of core services. BACKGROUND: In 2019, THEMUSEUM in collaboration with City Facilities Management staff, applied to the Investing in Canada Infrastructure Program (ICIP): Community Culture and Recreation stream for a grant to undertake a roof replacement and washroom improvements. The City is responsible for facility capital renewals of major facility components at THEMUSEUM which is a city -owned building. This includes substructure, envelope, interior construction and finishes and services (electrical, plumbing, elevator, HVAC, fire and life protection). Several leaks have been repaired at this location and the roof is at the end -of -life expectancy. Similarly, the washroom finishes are worn, and upgrades are required to improve accessibility. Council considered report FIN 19-080 Community, Culture & Recreation Grant Application and endorsed an application from THEMUSEUM and committed to funding support for THEMUSEUM. This program is jointly funded by the provincial (33.3%) and federal (40%) governments. The applicant was expected to contribute 26.67% of the total value of the project. The application outlined a project valued at $862,187 in total - funded by $632,242 in combined provincial and federal grants and a $229,945 contribution from the City of Kitchener. The scope of work as applied for was budgeted in 2019, but the grant was not approved until 2021. In the intervening period, the pandemic has created significant challenges in the construction industry resulting in significantly higher costs. To capitalize on this available funding and complete high priority facility rehabilitation work, a different approach must be considered. REPORT: Project Description and Tender Results In 2019 when this grant application was submitted, THEMUSEUM staff were eagerly preparing for the exclusive North American premier of the "Unzipped" exhibit, starting in fall 2021 to winter 2022. To avoid disruption to this high-profile programming, the roofing project was slated for 2022-2023. At that time, the roofing consultant rated the condition of the roof as fair, showing some signs of deterioration and requiring attention. Facilities Management arranges for regular roof inspection as part of our due diligence. The 2021 inspection of THEMUSEUM noted portions of the roof system had significant deterioration and the increasing potential for service disruptions related to failures. In addition to the roof replacement, a new raised metal walkway to access the elevator machine room is required by TSSA legislation and elastomeric coatings need to be applied to HVAC units to fully integrate waterproofing. Interior tarping to protect the exhibits is also required. This is a complex undertaking due to the large atrium and mezzanine areas of THEMUSEUM. The only access to THEMUSEUM roof is across a portion of the adjacent Conrad Centre for the Performing Arts (CCPA). Replacement of the CCPA roof is also required, so FM and Procurement issued a joint tender for both CCPA and THEMUSEUM which closed in February 2022. Page 40 of 86 The lowest roofing base bid received for THEMUSEUM roof was $721,600 and was significantly over the original 2019 pre -pandemic budget of $520,000. Bidders were also asked to provide separate prices for the walkway, elastomeric coating, and interior protection. Including this work, and specifications and project oversight, brings the pre-tax total to $950,365. Grant Application Revision The grantor (ICIP) was advised of the project coming in significantly over budget and a project officer was consulted on options for proceeding with the project. Feedback received indicated many other grant recipients are in a similar situation, however, there are no additional funds available from the province or federal levels to address shortfalls. The City was told rescoping the project and using the entire grant award, and City contributions, towards the priority roof replacement was an acceptable approach. Furthermore, removing any reference to the washroom renovation in the ICIP rescoped application was suggested. This would allow THEMUSEUM to apply to future provincial or federal funding programs for a separate project to do the washrooms. If the washrooms remain in this ICIP application, a separate project would not be eligible for any other additional funding. The scope change request must be approved by the ICIP grant administrator and must include details on how the additional costs will be covered. The approval process is expected to take 3 months; however, no costs can be incurred prior to receiving approval. Pricing Procurement has prepared an intent to award document for the Conrad Centre portion of the tender and discussed with the contractor the need to delay starting THEMUSEUM project. The winning bidder has agreed to hold their tendered price for all work for 90 days, as of March 3, 2022. If approval is not obtained from the funder within the 90 days, there are risks of price escalation. The roofing consultant has informed us that roofing material costs are expected to rise 20% to 25% in June 2022. That follows increases in October 2021 and February 2022 of similar magnitude. If it must be deferred until the next roofing season, the City can expect an overall price increase even further for materials and labour. A second mobilization and protecting the new roof on the Conrad Centre would also be additional costs if not completed this year. Project Administration THEMUSEUM submitted the grant application to the ICIP program and signed a transfer payment agreement with the funder in September 2021. As the recipient of the grant, THEMUSEUM is responsible for submitting progress reports and claim reports at prescribed intervals. The claim reports are a request for reimbursement of eligible expenses, supported by paid invoices and documentation. During the pandemic, THEMUSEUM has been subjected to repeated shutdowns and restrictions on attendance to comply with provincial health guidelines. This has drastically impacted revenues and limited the organization's ability to cashflow a capital project of this magnitude. THEMUSEUM has requested that the city provide financial resources upfront, so that verified invoices can be paid, and reimbursement requests submitted to the funder. Page 41 of 86 THEMUSEUM would then pay back the City, less the agreed City contribution to the project. This proposed approach would be formalized by an agreement between the City and THEMUSEUM and must be supported by the City Solicitor and Chief Financial Officer. The agreement would outline the required documentation; process for submitting invoices and proof of payment; reporting requirements; and expected repayment process and terms. Summary Staff support proceeding with this project in 2022, despite the submitted tenders being overbudget, for several reasons: • The rescoped work relating to the roof project is facility infrastructure components the City would be responsible for completing regardless of grant availability The deteriorated condition of the roof makes this a priority Roofing costs are expected to continue to escalate if the project is delayed Site access and work set-up areas are very limited, so a tandem project with the Conrad Centre achieves efficiencies The grant officer has indicated support for this approach of rescoping the project and jointly managing the financial obligations under the transfer payment agreement. There is also an awareness of the time limitation of the tender pricing and the grant officer indicated a willingness to try to expedite approval of the revised scope. An explanation of how additional costs will be managed, without additional grant resources, is a key consideration during the approval review. Clear direction from Council in this matter would be very beneficial. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The total cost for the Museum roofing project is projected to be $1.025M. The original project budget which included an estimate for the washroom was $862K, resulting in a project shortfall of $162K for the roof and the washroom project being postponed. Staff have identified $162K from the City's State of Good Repair (SOGR) projects that could be reallocated to the project as shown in the table below. Total Project Costs and Proposed Funding Construction Total, including HST $1,023,215.00 Specifications and Project Management, including HST $50,697.45 Total Project Cost including HST $1,073,912.45 Less - HST Rebate ($49,418.98) Total Project Costs $1,024,493.47 ICIP Grant - Federal Contribution ICIP Grant - Provincial Contribution City Approved Contribution - 2022 Capital Budget Reallocation: State of Good Repair (SOGR $344,875.00 $287,367.00 $230,000.00 $162,251.47 Total Project Funding $1,024,493.47 Page 42 of 86 The reallocation of SOGR funds to the Museum Roof project will reduce the City's funding available in 2022 to complete unplanned, reactive projects throughout the year. Funding for SOGR capital projects will need to be reviewed, reprioritized, and potentially increased in future budgets to effectively manage building components as they approach the end of their useful lives. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: 0 FIN 19-080 Community, Culture & Recreation Grant Application APPROVED BY: Jonathan Lautenbach, Chief Financial Officer Denise McGoldrick, General Manager, Infrastructure Services Page 43 of 86 StaffReport xmllf t ER finance and Corporate Services Department www.kitchener ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Ryan Hagey, Director of Financial Planning & Reporting, 519-741-2200 ext. 7353 PREPARED BY: Ryan Hagey, Director of Financial Planning & Reporting, 519-741-2200 ext. 7353 Mike Seiling, Director of Building, 519-741-2200 ext. 7669 WARD(S) INVOLVED: All Wards DATE OF REPORT: March 15, 2022 REPORT NO.: FIN -2022-155 SUBJECT: Streamline Development Approval Fund (SDAF) RECOMMENDATION: That a total budget of $1,625,000 be established for Streamline Development Approval Fund (SDAF) projects; and, That funding for $625,000 be budgeted and transferred from the Building Stabilization reserve fund with the balance coming from the SDAF grant; and That the Chief Financial Officer and General Manager of Development Services be delegated authority, subject to the satisfaction of the City Solicitor, to sign any relevant documentation and/or agreements pertaining to the Streamline Development Approval Fund; and further, That Council Approval Authority be waived, in accordance with the Purchasing By-law, for the Procurement of Consulting Services greater than $100,000, for any project that is partially or fully funded from the SDAF. REPORT HIGHLIGHTS: • The purpose of this report is to approve the transfer of $625,000 from the Building Stabilization fund to contribute to the SDAF projects and waive one requirement of the purchasing by-law due to the tight timeframe to complete the work. • The financial implications include $1 M of grant funding and $625,000 of Building enterprise funding. Any implementation costs beyond the eligible project period would be identified as part of the annual budgeting process. • Community engagement occurred with several interested parties as part of the Development Services Review, the Audit and Accountability Fund, and a Council Strategic Session. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 44 of 86 BACKGROUND: On January 19th, 2022 the Province of Ontario announced a new $45 million Streamline Development Approval Fund (SDAF). The fund outlines a range of eligible initiatives related to streamlining development approvals initiatives. This includes things like e -permitting systems, temporary staff (including fulltime staff or interns) to address backlogs in residential development approvals, online application portals, and other provincial priorities. The City of Kitchener is eligible for $1 million in funding through this initiative. Through engagement with the development industry, agencies, Council and residents on the Development Services Review, follow up work through the Digital Transformation Solution review funded by the Province's Audit and Accountability Fund, and the Council Strategic Session on Priorities for the Planning Division in August 2021 the City of Kitchener has a clearly articulated set of eligible initiatives to advance. SDAF timelines are very tight, with final reporting required by February 2023. Any unfinished work would also be unfunded by SDAF. Because of this, staff are requesting the delegation of authority to award SDAF related work to streamline the procurement process This would save between 20-60 days, which would increase the likelihood of work being completed within the funding timelines set out by SDAF. REPORT: Based on previous feedback, staff have developed a list of projects that can be funded by the Streamline Development Approval Fund. In addition to the $1M provided by SDAF, staff are recommending supplemental funding of $625,000 be provided by the Building enterprise to help move ahead some highest priority projects that would not be fully covered by the SDAF grant. The different projects and their funding sources are shown in the table below. Page 45 of 86 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There is no approved budget for SDAF projects, since the funding announcement was unexpected at the time the 2022 budget was set. The table below outlines the total budget and the contributions from the SDAF grant and the Building enterprise. Proposed Budget for SDAF Proiects Transfer from Buildina Stabilization Reserve Fund 1 $625.000 The Building Stabilization reserve fund balance at the end of 2021 was $14.5M, which is more than sufficient to fund this transfer. Further, at it's February meeting, the Chief Building Official informed the Kitchener Development Liaison Committee (KDLC) of the City's intention to supplement the SDAF grant with $625,000 of funding from the Building enterprise and there was no objection from the group to do so. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: No formal report has been previously provided to Council on this matter, but information regarding SDAF was shared on January 28th, 2022 via email (from Justin Readman, General Manager of Development Services). APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services. Justin Readman, General Manager, Development Services Page 46 of 86 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Ryan Scott, Manager, Procurement, 519-741-2200 ext. 7214 PREPARED BY: Debbie Andrade, Manager, Budgets, 519-741-2200 ext. 7114 Ryan Scott, Manager, Procurement, 519-741-2200 ext. 7214 WARD(S) INVOLVED: N/A DATE OF REPORT: February 28, 2022 REPORT NO.: FIN -2022-149 SUBJECT: Temporary Measures — Supply Chain and Inflationary Trends RECOMMENDATION: That Council approve the following temporary measures for the remainder of 2022 in response to current supply chain and inflation related trends: • Staff be delegated authority to award Solicitations that are within the Council Approved Budget, thereby reducing the overall timing of awards and increasing cost certainty for vendors; and • Staff be directed to prioritize capital projects where needed, and defer projects where appropriate to address anticipated capital project shortfalls; and • Staff be authorized to transfer funds of up to 20% between projects or from appropriate capital reserves to allow high priority projects to still proceed; and • Staff be delegated authority to extend existing agreements by one year to maintain continuity of operations and ensure a continuous supply of goods or services. REPORT HIGHLIGHTS: • The recommendations in this report address systematic issues (supply chain, inflation, labour) impacting the successful procurement of goods and services required for City operations and capital projects; • The increased project costs are not an anomaly and are being experienced by municipal counterparts in the Region and across Ontario; • Temporary measures are required to streamline administrative tasks from both the purchasing bylaw and the budget control bylaw to mitigate exposure and provide a sense of urgency to the procurement; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 47 of 86 Information on projects awarded through these temporary measures will be captured and reported back to Council; This report supports the delivery of core services. BACKGROUND: The COVID-19 pandemic has caused international supply chain disruptions, including temporary closures to production factories, and closures/backlogs at key global shipping ports. The rapid rebound in demand for skilled labour, raw materials, intermediate goods and various logistics services has been hampered by limited supply. This has hit several markets and is translating into exceptional price increases, supply shortages and late deliveries. In addition, the supply chain has been further impacted by a number of other disruptions such as the Freedom Convoy border blockages which greatly impacted the automotive industry, the extreme flooding in British Columbia which washed out and damaged railways and highways cutting off the Port of Vancouver from the rest of the country, and now the Russian invasion on Ukraine which is mostly impacting the cost of both oil and gas adding to the sharp increase to the inflation rate. The effects of the global economy and the strain on the supply chain and labour resources is likely to continue for the remainder of the year and into 2023 and 2024. The higher than typical rise in the inflation rate is also expected to remain beyond 2022. City projects are being directly impacted by these shortages with increased project costs in the range of 10% - 50% higher across the board. The City's 2022 approved funding is insufficient for many of the projects moving forward. The recommendations in this report are to address the risks and pressures for 2022. Staff will look towards implementing additional measures beyond 2022 as well as adjust budgets in the 2023 budget process. REPORT: Economic Outlook In Canada, the COVID-19 pandemic appears to be largely under control for the moment. Despite this positive news the Canadian economy is still facing the adverse consequences of the pandemic, which will continue well into 2022 and create only moderate growth in the country. The Canadian economy is expected to continue to grow, but the gains will be more modest than could be expected at this point in the business cycle.' In addition to the ongoing effects of the pandemic on the global economy, there are several other factors contributing to the continued supply chain issues and rising inflation costs. The compounding effects of these global crises are making it difficult to predict when the economy might see some positive news. The recent Freedom Convoy border blockades have already inflicted significant economic damage on both the U.S. and Canada, weakening supply chains ' 2022 Economic Outlook for Canada I BDC.ca Page 48 of 86 already hurt by the pandemic. Traffic on the Ambassador Bridge, for example, accounts for a quarter of all cross-border trade between the U.S. and Canada — with $360 million in trade per day, according to Reuters2. The Freedom Convoy protests severely impacted the automotive industry and the supply of automotive parts as well as critical industrial components that fuel the economy and support critical infrastructure. The extreme flooding in British Columbia which washed out and damaged railways and highways cutting off the Port of Vancouver from the rest of the country also impacted the supply of essential goods and supplies. Finally, the recent Russian invasion on Ukraine is driving up the price of oil and gas as Russia is one of the world's largest producers of both oil and gas. This could have prolonged impacts on the global economy and result in higher inflation rates. Bank of Canada - Inflation Inflation is a growing concern as CPI inflation for Ontario in January 2022 was 5.7%. Prices for many goods and services are rising quickly and the prices for food, gasoline and housing are rising faster than usual. Global supply chain disruptions, weather-related increases in agricultural prices and high energy prices have put upward pressure on inflation in Canada, and that is expected to continue in the months ahead. These pressures should ease in the second half of 2022, and inflation is forecasted to decline relatively quickly to around 3% by year end. Further out, it is expected that demand will moderate, and supply will increase as productivity improves. This will ease price pressures and bring inflation gradually back close to the 2% target over 2023 and 2024. There is some uncertainty about how quickly inflation will come down because no one has experienced a pandemic like this in recent history. As the pandemic fades, conditions will normalize, and inflation will come down. However, with Canadian labour markets tightening and evidence of capacity pressures increasing, the Governing Council expects higher interest rates will be needed to bring inflation back to the 2% target.3 Cost Drivers The pandemic has presented significant challenges to accurately estimate costs for goods, services and construction. The main factors that have been driving the unprecedented increase in these costs are described below: 1. Supply & Demand: Pricing is highly sensitive to the forces of supply and demand. There is not an abundant level of supply and the demand is high, which equates to price increases. 2. Backlog: Backlog is the amount of work currently on the books. When there is a high volume of available projects it allows companies to charge premiums for their work. 3. Labour Costs: Service and construction are labour intensive. Because of this, a large portion of costs are determined by labour expenses. The current shortage in skilled labour increases wage costs. '-'Freedom Convoy' trucker protests worsened U.S. supply chain issues (cnbe.com) s Monetary Report Press Conference Opening Statement - Bank of Canada Page 49 of 86 4. Commodity Pricing: Oil, lumber, steel and copper commodity prices - the raw materials for regular goods as well as construction materials - are at an all-time high. This results in higher supply and shipping costs. 5. Local Market Disruption: The Golden Triangle is rapidly expanding which strengthens the risks described above. Increased competition for a limited pool of labour and materials increases costs. 6. Global Market Disruption: Supply chain delays from blockades, protests, labour shortages, and global uncertainty result in higher costs. City Procurements Over the past few weeks, staff from the Financial Services Department have facilitated meetings with each of the City divisions who procure goods, services and construction contracts. Through these discussions several concerns were heard consistently across the divisions related to risks associated with pricing increases, resource shortages, and supply chain issues. In some cases, the City is seeing project costs 10% - 50% higher then approved budgets. This will likely continue for the remainder of the year and into 2023 and 2024. With responses coming in over budget, staff have been challenged to successfully procure and award projects in a timely fashion. Staff believe this trend will more prominently impact procurements in the coming months and likely into 2023. Page 50 of 86 Page 51 of 86 Recommended Temporary Measures As all municipalities are experiencing this in the short term, the recommended path to proceed forward is to create further efficiencies in the procurement process, which will allow the City to provide appropriate responsiveness and timely award of procurements and have an appropriate funding structure in place to cover off projects that are deemed priority. To achieve this, the following recommendations are being made: 1) Reduce overall timing of awards and increase cost certainty for vendors by providing staff with delegated authority in 2022 to award Solicitations that are within the Council Approved Budget. The Purchasing By-law is prescriptive on the scenarios which require a recommendation to be approved by Council, they are: • Consulting Services —greater than $100,000; • Non -Standard Procurement — greater than $100,000; • Goods/Services/Construction between $100,000 and $750,000 if o The value of the Bid being recommended for award including any contingency allowance are in excess of the Council approved budget; o The project is not specifically identified within the Council approved budget; o There are other orders of government or granting agencies that require Council approval; or o Only one bid was received in response to the solicitation • Goods/Services/Construction - greater than $750,000 The current by-law requires Council approval for all consulting contracts greater than $100K and all goods/service and construction contracts over $750K. This results in an average time to award the contract of 20-60 days after a bid has closed (best practice is 2-21 days). As an example, in the City's Request for Tender (RFT) process, Contractors are required to hold pricing for 90 days. Because of increased cost drivers, this is proving difficult for contractors as their vendors are only holding pricing for up to 30 days. By removing the need to bring projects already approved by Council through the budget process back to Council for award, this will reduce overall timing of awards and increase cost certainty which will benefit both the City and the vendors. The shorter time period is appreciated by the vendor community, as it would allow their resources to provide potentially better pricing with the shorter window and be able to prioritize other opportunities. The efficiencies will provide an opportunity to award the maximum number of projects within approved funding. 2) Address anticipated Capital Project shortfalls in 2022 by directing staff to prioritize capital projects where needed, defer projects where appropriate, and authorize the transfer of funds up to 20% between department projects or from appropriate capital reserves, to allow high priority projects to still proceed. In accordance with the budget control bylaw, the practice of delegated authority to transfer money is limited. Any capital project for which anticipated expenditures will exceed the funding available by an amount greater than 10% of the original budget or $250,000 requires Council Page 52 of 86 approval. This practice requires a separate report to Council outlining the amount and reason for the anticipated over -expenditure. In 2022, the reason for anticipated over -expenditure is common among all divisions as seen with the recent supply chain issues and increased price of goods and inflationary trends. The intent of this recommendation is to remove the requirement to come to Council if a recommended award is within 20% of the approved budget, and a funding source is identified within the Department to cover the shortfall. This will create efficiencies and allow timely awards on priority projects to secure contracts and pricing. When a tender or RFP comes in over budget, staff identify other potential funding sources as options to fund the overage. This includes reviewing capital projects within their department and determining if there is funding that could be transferred from existing capital projects that are near completion. This process is often referred to as capital closeouts and typically happens at the end of the year, but can also occur at any point throughout the year when a project approaches completion. This would be the first option that Departments would consider. A second option is for Departments to consider transferring funding from projects that have not been tendered yet, where the timing of the work is expected to be delayed, and where there is an opportunity to re -budget the project through the next budget cycle This could mean that projects expected to proceed in 2022 may be deferred until 2023 or later. For example, if a department had 5 projects that it was planning to proceed with in 2022, it may mean only proceeding with 4 and transferring funding from the lowest priority project to help fund the other four. The project that didn't proceed in 2022 would then be prioritized against other budget requests in 2023. Finally, some departments like Facilities Management, have dedicated general provision accounts (e.g. State of Good Repair) or reserves to support their capital program. These sources may also be used to cover budgets overages if a project is still determined to be a high priority to proceed. As outlined in the budget control policy, any transfer from reserves would require the approval of the Chief Financial Officer, if it was determined that other department specific funding sources are not available. Departments regularly prioritize capital work based on the resource availability and timing of the work/project schedule. They also consider other important criteria to prioritize projects within their department including: • Whether the project is grant funded with specific reporting/ completion date requirements • Specific work that is identified through asset management plans • Condition assessment data that supports urgent repair/replacement needs • Integrated project timelines with other work identified in the capital forecast Any projects where funds are transferred based on this recommendation would be highlighted for Council through the regular quarterly solicitation award report. 3) Maintain continuity of operations by providing staff with delegated authority in 2022 to extend existing agreements by one year to ensure a continuous supply of goods or services. Page 53 of 86 The intent of this recommendation is to extend existing agreements where a) the goods or service are in short supply, b) competition currently does not exist, or c) production capacity does not exist until 2023. These supply agreements are deemed critical to providing continued service to the public. The best method to mitigate the City's risk is to continue to partner with existing vendors who have capacity already allocated and available for the City. This will eliminate the need to bring forward non-standard procurement recommendations that fall within this scope. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation in this report has no impact on the approved 2022 budget. Departments were asked to review existing capital balances and consider options of deferring/closing out capital projects to fund potential overages on projects moving ahead in 2022 and are deemed priority. Where departments are unable to fund their overages through the deferral or closure of existing capital projects or the projects and are above the recommended 20% of the original Council approved budget as outlined in this report, a separate report will come forward to Council. These temporary measures will be re-evaluated later in 2022, and 2023 budgets will be adjusted accordingly through the annual budget process. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department Page 54 of 86 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: March 21, 2022 SUBMITTED BY: Saleh Saleh, Director of Revenue, 519-741-2200 ext. 7346 PREPARED BY: Feras Abdulhadi, Tax Specialist, 519-741-2200 ext.7440 WARD(S) INVOLVED: All DATE OF REPORT: March 11, 2022 REPORT NO.: FIN -2022-147 SUBJECT: Applications for Cancellation, Refund, Reduction of Taxes — March 21St Hearing RECOMMENDATION: That the applications to City Council for write-off, cancellation, reduction, or refund of taxes totalling $217,173.11 as attached to Financial Services Department report FIN -2022- 147, be approved, pursuant to Sections 354 and 357 of the Municipal Act, S.O. 2001, c. 25 ("the Act'). BACKGROUND: Sections 354 and 357 of the Act allow the local municipality to write-off, cancel, reduce or refund all or part of taxes levied on land in the year in respect of which the application is made for certain specific reasons as laid out in these sections of the Act. REPORT: Forty-five applications for adjustment of taxes under Sections 354 and 357 of the Act were processed, resulting in a net reduction of taxes in the amount of $217,173.11. The required notices to the affected parties were sent out in accordance with the relevant legislation. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 55 of 86 The following table shows a breakdown of the reduction in taxes in this report by the applicable reason. Relevant subsection of the Act Reason for Application Total Taxes Reduced 357(1)(a) Ceases to be liable for tax at rate it was taxed $47,854.74 357(1)(c) Became exempt $5,978.45 357(1)(d)(i) Razed by fire, demolition or otherwise $13,137.89 357(1)(f) Gross or manifest clerical/factual error (in the assessment roll) $62,246.29 357(1)(g) Repairs/renovations preventing normal use $87,955.74 Total $217,173.11 In addition to the above, four applications were received under Section 357(1)(d)(ii) with the COVID-19 pandemic provided as the reason. In accordance with the legislation and consistent with a letter dated April 26, 2021 issued by the Ontario Ministry of Finance, these applications have been denied on the basis that the properties were not physically damaged. STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The tax reductions are shared with the Regional Municipality of Waterloo and the School Boards. The net effect to the City of Kitchener is a reduction in current year revenue, including a reduction in City levies of $51,749.77 and a reduction in BIA levies of zero dollars, both of which are accommodated within the 2022 Operating Budget. The City share forms part of the year's net supplementary taxes and write-offs, which carries a net revenue budget of $1.1 million annually. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council meeting. The required notices to the affected parties were sent out in accordance with the relevant legislation under Section 357 of the Act. APPROVED BY: Jonathan Lautenbach, Chief Financial Officer. ATTACHMENTS: Attachment A — Council Tax Adjustment 3/21/2022. Page 56 of 86 Page 57 of 86 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Jonathan Lautenbach, CFO and City Treasurer, (519) 741-2200 extension 7334 PREPARED BY: Lisa Dueck, Supervisor of Accounting, (519) 741-2200 extension 7659 WARD(S) INVOLVED: ALL DATE OF REPORT: March 7, 2022 REPORT NO.: FIN -2022-113 SUBJECT: 2021 Statement of Remuneration and Expenses RECOMMENDATION: For information REPORT HIGHLIGHTS: • The purpose of this report is to provide an annual itemized Statement of Remuneration and Expenses for each member of Council as required by the Municipal Act. BACKGROUND: Section 284(1) of the Municipal Act, 2001 provides that the Treasurer of a Municipality shall, in each year on or before March 31, provide to the Council of the Municipality an itemized statement on remuneration and expenses paid in the previous year to: (a) each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council; (b) each member of council in respect of his or her services as an officer or employee of the municipality or other body described in clause (a); and (c) each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body. REPORT: The detailed Statement of Remuneration and Expenses for the year 2021 is attached to this report. The by-law under which the remuneration or expenses were authorized to be paid is 2021-004. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 58 of 86 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: INFORM - The 2021 Statement of Remuneration and Expenses report has been posted to the City's website with the agenda in advance of the council / committee meeting and will be posted on the City of Kitchener's Internet site. PREVIOUS REPORTS/AUTHORITIES: • Municipal Act, 2001 • By -Law No. 2021-004 APPROVED BY: Jonathan Lautenbach, CFO and City Treasurer, Financial Services ATTACHMENTS: Attachment A — 2021 Statement of Remuneration and Expenses Page 59 of 86 The Corporation of the City of Kitchener Statement of Remuneration and Expenses For the year ended December 31, 2021 Index Title Page Summary Summary Statement of Council Remuneration and Expenses 2 Schedule 1 Statement of Remuneration 3 Schedule 2 Conferences and Seminars 4 Schedule 3 Meeting Expenses 5 Schedule 4 Home Office and Technology Expenses 6 Schedule 5 Members of Council - Directors of Kitchener -Wilmot Hydro Inc. 7 and Kitchener Power Corp. Schedule 6 Honorariums of Council Appointees 8 Committee of Adjustment Committee of Property Standards Committee of Dog Designation Appeal Page 60 of 86 N Y 0 ci ri N Ln .-I Ln ci O m n .-i 00 m r, n Ln LT ko m N ' LO N N n n r, � ' 00 - Ln m lD N N ' -.01.0r- N oc N LD ' N O lD lO 00 tf} m � � O ^ O L 001 I -t T v Lr) 00 00 Ln 02 t Y Ln Y O1 00 N � m N 00 I:t N N O1 lO O Ln It Ln rl N m Ln N -tt O N m rn 17, a ::� r" O m � OO ` � +' O a) 00 Ol Nr- c -I N 1.0 rl 01 ci fl m l0 lD LO LD n n l0 LD lO n N cI 00 7 H th ih N Ln Ln Ln LO L.O U LT C O N E a 0 X aLU rlj Ln ID 0) r14 C � 7 +� E a, E w O U co r -I lD m I:T LD L,O Ln ci 00 m m N GJ Ln n m V Ln 0) ci N m c -I 00 m V Zt Ln m 00 'T m 00 m rl l0 N 't w m Ln -1 c -I c -I N N N r• -I .--I N C) U U N O 2 t� tri 00 00 M y I:T lD Kt lO Ln m m m T ami a Ln LU th ih n -1 LO H GJ N L l0 00 O N O N N N Ol V � N I N d t �EU w C N N O U C lfl -4 N 00 m O m c-1 m ri L9 N m N m m Ln m m 00 lO Ol m N m1 Ql m O c -I W m N O � O n r rl lO n m c -I Ln LT 01 -;I- LD 00 00 LO U t N l0 LD lD LD lD LD LD lO LD 1.0 LT i U rI 7 V) E LO 0 U � O f7 C [6 N U LC E u > U a t6 U f6 3 � L o u > O U c O N O s f6 L i 3 C: 0 m L U N L0 U = L6 0A Uru E U U ccc6 O u Ln (D C (D in r6 G a ? O O i O U % Schedule 1 The Corporation of the City of Kitchener Statement of Remuneration For the year ended December 31, 2021 Members of Council Mayor Berry Vrbanovic Councillor Scott Davey Councillor Dave Schnider Councillor John Gazzola Councillor Christine Michaud Councillor Kelly Galloway-Sealock Councillor Paul Singh Councillor Bil loannidis Councillor Margaret Johnston Councillor Debbie Chapman Councillor Sarah Marsh Total Remuneration Taxable Employment Remuneration Benefits Total $ 107,139 $ 19,777 $ 126,916 55,120 $ 12,262 67,382 55,120 $ 13,883 69,003 55,120 $ 5,993 61,113 55,120 $ 10,693 65,813 55,120 $ 14,206 69,326 55,120 $ 14,103 69,223 55,120 $ 8,913 64,033 55,120 $ 11,315 66,435 55,120 $ 12,963 68,083 55,120 $ 13,676 68,796 $ 658,339 $ 137,784 $ 796,123 N ote: Employment benefits consist of costs such as Canada Pension Plan (CPP), Employer Health Tax (EHT), Group Life Insurance benefits, Health and Dental benefits, OMERS and RRSP contributions. 3 Page 62 of 86 Schedule 2 The Corporation of the City of Kitchener Conferences and Seminars For the year ended December 31, 2021 Mayor Berry Vrbanovic Association of Municipalities of Ontario, AGM & Annual Conference 611 Virtual conference, August 15-18, 2021 Bloomberg Harvard City Leadership Initiative 256 New York, New York, September 26-30, 2021 $ 867 Councillor Christine Michaud Association of Municipalities of Ontario, Navigating Conflict Relationships As An Elected 204 Official Virtual training course, November 9-10, 2021 $ 204 Councillor Margaret Johnston Association of Municipalities of Ontario, Navigating Conflict Relationships As An Elected 204 Official Virtual training course, November 9-10, 2021 $ 204 Councillor Sarah Marsh Association of Municipalities of Ontario, AGM & Annual Conference 611 Virtual conference, August 15-18, 2021 Federation of Canadian Municipalities, FCM Annual Conference 2021 610 Virtual conference, May 31 -June 4, 2021 $ 1,221 Total Conferences and Seminars $ 2,496 4 Page 63 of 86 The Corporation of the City of Kitchener Meeting Expenses For the year ended December 31, 2021 Mayor Berry Vrbanovic Big City Mayors' Caucus Meeting Ottawa, ON, October 13, 2021 1,393 Federation of Canadian Municipalities, Board of Directors Meeting Ottawa, ON, November 24-25, 2021 1,680 Miscellaneous Meeting Expenses 575 Total Meeting Expenses $ 3,648 Schedule 3 Page 64 of 86 Schedule 4 The Corporation of the City of Kitchener Home Office and Technology Expenses For the year ended December 31, 2021 Members of Council Operating Capital Total Mayor Berry Vrbanovic $ 1,324 $ 4,127 $ 5,451 Councillor Scott Davey 1,351 225 1,576 Councillor Dave Schnider 939 0 939 Councillor John Gazzola 1,844 0 1,844 Councillor Christine Michaud 1,456 0 1,456 Councillor Kelly Galloway-Sealock 1,898 498 2,396 Councillor Paul Singh 1,895 920 2,815 Councillor Bil loannidis 1,497 824 2,321 Councillor Margaret Johnston 738 0 738 Councillor Debbie Chapman 1,613 0 1,613 Councillor Sarah Marsh 1,283 0 1,283 Total Home Office and Technology Expenses $ 15,838 $ 6,594 $ 22,432 Note: Capital technology expenses may include purchases of furniture, computers, laptops, scanners, printers, etc. Operating expenses may include office supplies, monthly cell phone charges, home phone, home internet, etc. A detailed breakdown of Home Office and Technology expenditures can be found at: https://www.kitchener.ca/en/taxes-utilities-and-finance/remuneration-and-expenses.aspx 6 Page 65 of 86 The Corporation of the City of Kitchener Members of Council - Directors of Kitchener -Wilmot Hydro Inc. and Kitchener Power Corp. For the year ended December 31, 2021 Members of Council Directors of Kitchener -Wilmot Hydro Inc. Mayor Berry Vrbanovic Directors of Kitchener Power Corp. Mayor Berry Vrbanovic Scott Davey (Jan -May) Sarah Marsh (Jan -May) Dave Schnider (June -Dec) Paul Singh (June -Dec) Meeting Remuneration Expenses Total $ 4,741 $ 1,710 $ 6,451 $ 4,741 $ 1,710 $ 6,451 $ 4,741 $ 1,710 $ 6,451 3,923 1,420 5,343 3,923 1,130 5,053 5,559 2,880 8,439 5,559 2,880 8,439 $ 23,705 $ 10,020 $ 33,725 N Schedule 5 Page 66 of 86 The Corporation of the City of Kitchener Honorariums of Council Appointees For the year ended December 31, 2021 Schedule 6 Council Appointees Honorariums Committee of Adjustment Denny Cybalski $ 1,250 Robert McColl 1,250 Scott Hannah 1,200 Michael Kidd 1,100 Jennifer Meader 800 $ 5,600 Committee of Property Standards Muhammad Asad $ 675 Brian Santos 675 Michael Pulley 600 Sharlene Mohlman 600 $ 2,550 Committee of Dog Designation Appeal Anne Lawrence $ 100 8 Page 67 of 86 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: March 21, 2022 SUBMITTED BY: Ryan Hagey, Director of Financial Planning & Reporting, 519-741-2200 ext. 7353 PREPARED BY: Debbie Andrade, Manager of Budgets, 519-741-2200 ext. 7114 WARD(S) INVOLVED: All DATE OF REPORT: March 4, 2022 REPORT NO.: FIN -2022-130 SUBJECT: 2021 Year End Variance RECOMMENDATION: For Information REPORT HIGHLIGHTS: • The purpose of this report is to provide the yearend financial results for City operations • City operations in 2021 were negatively impacted by COVID-19, leading to deficits in tax - supported operations ($4.65M), Parking ($3.06M), and Golf ($509k). • Deficits were fully offset by Safe Restart funding provided by the Federal and Provincial governments in 2020 and 2021. • This report supports the delivery of core services. BACKGROUND: This is the third and final formal variance report to Council regarding the City's financial performance versus the 2021 budget. The report and attached schedules include information regarding: • Tax supported operating • Rate supported enterprises/utilities, and • Supplementary information related to investment income REPORT: The City's tax -supported operations ended the year with a significant deficit related predominantly to the COVID-19 pandemic. The major contributors to the overall negative variance are the deficits in Sport recreation revenues, Emergency Operations Centre, and Investment Income. As COVID-19 related restrictions carried into 2021 causing facility closures and reduced programming these areas continued to be greatly impacted for 2021 with considerable losses in income for recreational programs (e.g. pools, arenas, sportsfields, and community centres). These deficits are offset in part by Gapping savings resulting from COVID- *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 68 of 86 19, as well as, regular vacancies. More details about each of the City's tax supported divisions are provided in the report below and in Schedule 1. Likewise, many rate supported operations were impacted by COVID-19, with Parking and Golf being the most severely hit. Parking saw major decreases in the number of downtown parkers due to the pandemic, and Golf had increased expenses due to carrying staff wages and operation expenses during the Provincial closure between April and May. More details about each of the City's enterprises are provided in the report below and in Schedules 2-8. In 2020/2021, the City received a total of $20.4M in Safe Restart & COVID-19 Recovery funding from the Federal and Provincial governments. The City used $9.04M of this funding to address its 2020 deficits, meaning there was $11 AM available to fund deficits experienced in 2021. The combined deficits in tax supported operations ($4.65M), Parking ($3.06M) and Golf ($509k) in 2021 are $8.2M and are fully covered by Safe Restart & COVI D-19 Recovery funding. This also means the City is carrying forward $3.1 M of funding to address deficits in 2022. The table below shows the amount of Safe Restart funding received, how it was applied, and the amounts remaining to be employed in 2022. Safe Restart Funding Continuity Operating Fund — Tax Base (Schedule 1) The City ended the year with an operating deficit of $4.65M (2.3% of expenditures totalling $207.8M) in tax -supported operations, largely due to the impacts of COVID-19. The deficit experienced in 2022 was similar to what was experienced in 2021. This was because of the ongoing COVID-19 pandemic and provincial mandates. The economic realities of COVID-19 have led the City into significant deficits for 2021 and 2022. This comes after a string of five years having tax -supported operations end the year in a surplus as shown in the table below. Tax Suauorted Operations — Yearend Position Surplus/ (Deficit) $0.98M 0.94M $1.42M $1.73M $0.77M ($5.06M) ($4.65M) This year's deficit was fully funded by Safe Restart funding from the Federal and Provincial governments which has allowed the City's Tax Stabilization Reserve Fund to end the year with a balance of $7.7M. This reserve balance will be available to fund any future deficit in tax supported operations, which is good news for the City as the financial realities of COVID-19 may have a negative financial impact on 2022 and possibly beyond. Significant variances (over $200,000) are summarized below by division. Schedule 1 provides a little more detail by including information for variances that exceed $100,000 of the budget. Page 69 of 86 Significant Variances (over $200, 000) Community Services Department: • Bylaw Enforcement had a deficit of $484,000 due primarily to fine revenues, as the City had not been issuing as many tickets due to the COVID-19 restrictions in place. Additionally, the collection of defaulted fine amounts was not back to pre -pandemic levels since the Ministry of Transportation had not been enforcing license plate renewals, which would ensure outstanding fines are paid. • Sport had a deficit of $6,384,000 due to reduced revenues as facilities were closed and programs suspended/modified due to COVID-19 restrictions. Financial Services Department: • Revenue had a surplus of $349,000 due to increased property tax certificates and property tax administration fees. Development Services Department: • Planning had a surplus of $477,000 due to higher than anticipated revenues for Subdivisions and Site Plans. • Engineering had a surplus of $730,000 due to higher than anticipated revenues for Subdivisions and Site Plans for which staff time is incurred over several years. Infrastructure Services Department: • Facilities Management had a surplus of $1,676,000 due to reduced utility consumption as a number of City facilities were closed for a portion of the year and/or operating at reduced capacity due to COVID-19 restrictions. This resulted in significantly lower than budgeted utility costs. Parks and Cemeteries had a deficit of $224,000 due to unbudgeted playground repairs and unbudgeted forestry clean-up requirements. General Expense: • Gapping had a surplus of $2,326,000 due to staff savings related to regular vacancies and COVID-19, as a number of staff whose facilities or programs were suspended during the pandemic were put on designated emergency leave (DEL) or infectious disease emergency leave (IDEL) allowing them to take advantage of various income support programs offered by the Federal government such as the Canada Emergency Response Benefit (CERB). • Emergency Operations Centre had a deficit of $1,493,000 due to the COVID-19 pandemic. Example of costs include: o Purchases of personal protective equipment and other health & safety supplies o Staff costs related to managing the City's COVID-19 response o Additional cleaning and minor retrofits of City facilities Page 70 of 86 General Revenues: • Supplementary Taxes/Write-offs had a deficit of $1,114,000 due to increased property tax write-offs related to assessment appeals. • Payments In Lieu had a surplus of $253,000 due to supplementary PILs • Investment income had a deficit of $1,613,000 due to Bank of Canada emergency rate cuts in March 2020, which is lower than the budgeted rate. • Penalties & Interest had a surplus of $733,000 due to due to an increase is property taxes receivable. Enterprises — (Schedules 2 to 8) While COVID-19 disrupted the operations of the City's enterprises, only Golf and Parking ended the year with financial results worse than budget. The other enterprises were less directly impacted by the pandemic, as building activity continued to be strong, and the City's utilities were more impacted by weather (e.g. amount of rainfall, or winter temperatures) than the global health crisis. Summary information about each Enterprises are noted below, with more detailed information provided in the schedules attached to this report. Building Enterprise (Schedule 2) The Building Enterprise had a surplus of $705,000, which was $2,213,000 better than budgeted. The main reason for the surplus is that revenues were higher than budget due to increased permit applications over what was anticipated in the new low rise residential, duplex conversions, residential improvements and apartment categories. Additionally, expenses were lower due to staff vacancies. Golf Enterprise (Schedule 3) The Golf Enterprise had a deficit of $509,000, which was $14,000 better than budgeted. Safe Restart funding was used to fully offset the deficit which was caused mostly by expenses exceeding budget due to carrying staff wages and operational expenses during the Provincial closure from April 17, 2021 to May 22, 2021. Page 71 of 86 Parking Enterprise (Schedule 4) The Parking Enterprise had a deficit of $3,060,000, which was $1,367,000 worse than budgeted. Safe Restart funding was used to fully offset the deficit which was caused mostly by reduced revenues. Parking revenues were down significantly as many downtown businesses were closed and/or running at reduced capacity either due to economic reasons or to comply with provincial stay-at-home orders. This translated into much less vehicle traffic requiring monthly or hourly parking in the downtown core. Water Utilitv (Schedule 5 The Water Utility had a surplus of $1,414,000 which was $1,621,000 better than budgeted. Water revenues were significantly better than budgeted due to increased volume sales throughout the year as well as water supply higher than budget due to increased purchase volumes from the Region, consistent with the increase in sales. Additionally, administration expense was lower than budget due to savings in internal overheads. Water maintenance costs were also lower than budget due to proactive maintenance resulting in fewer reactionary repairs. Sanitary Sewer Utilitv (Schedule 6 The Sanitary Sewer Utility had a surplus of $5,540,000 which was $4,838,000 better than budgeted. Sewer surcharge revenues were significantly better than budgeted, which is consistent with increased volume sales noted in the Water utility. In addition, sewage processing costs were less than budgeted due to decreased volumes arising from a dry spring. Maintenance costs were also lower than budget due to reduced staffing resources as a result of COVID-19. Page 72 of 86 Stormwater Utility (Schedule 7) The Stormwater Utility had a surplus of $236,000 which was $187,000 better than budgeted due to increased Stormwater fees as a result of higher than expected development in the year. Like the Water and Sanitary Sewer utilities, maintenance expense was lower than budget due to savings in staffing resources impacted by COVID-19 and iDEL absences resulting in program reductions. Gas Utility (Schedule 8) The Gas Utility (Total) had a deficit of $1,068,000 which was $551,000 better than budgeted. Gas Delivery had an unfavourable variance due to lower than anticipated revenues which were partially offset by savings in expenses due to staff vacancies and increased program revenues in tank rentals and recoveries from warranty items. Gas Supply sales revenues were lower than budget due to lower gas consumption from the warmer than normal winter, while Gas Supply expenses were lower than budget due to lower volumes of gas purchased. Investment Report (Schedule 9) All investments made were in accordance with the City's investment policy. Short-term investment yields to date averaged 1.07% and were well below the average interest rate of 1.64% for all of 2020. The lower rate environment resulted in a deficit of $1.61 M making up part of the overall tax supported operations deficit of $4.65M, which was fully funded by Safe Restart funding received from the Federal and Provincial governments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Final results for tax supported operations and rate supported enterprises/utilities have been closed out to the appropriate stabilization reserves. Surpluses increase the funds available in the reserve to offset future deficits, while deficits decrease funds available to deal with unanticipated funding needs. Page 73 of 86 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • FIN -21-40 2021 June Operating Variance Report • FIN -21-64 2021 September Operating Variance Report APPROVED BY: Jonathan Lautenbach ATTACHMENTS: • Schedule 1: Statement of Operations — Tax Supported Services • Schedule 2: Statement of Operations — Building • Schedule 3: Statement of Operations — Golf • Schedule 4: Statement of Operations — Parking • Schedule 5: Statement of Operations — Water • Schedule 6: Statement of Operations — Sanitary Sewer • Schedule 7: Statement of Operations — Stormwater • Schedule 8: Statement of Operations — Gas • Schedule 9: Investment Report Page 74 of 86 E E uo . 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