Loading...
HomeMy WebLinkAboutCouncil Agenda - 2024-01-221 KiTc�ivER Council Meeting Agenda Monday, January 22, 2024, 7:00 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow *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 meeting will begin with a Land Acknowledgement given by the Mayor. 1.1 Girl Guides will be in attendance for the singing of °O Canada." The 24th Kitchener Embers, 28th Kitchener Embers, 24th Kitchener Guides, 26th Kitchener Guides, 28th Kitchener Guides, 25th Kitchener Pathfinders, 28th Kitchener Pathfinders, 11 th Kitchener Sparks and 22nd Kitchener Rangers will be in attendance this evening to lead the Mayor and Members of Council and all those in attendance for the signing of "0 Canada" 2. OFFICE OF WARD 10 - COUNCILLOR APPOINTMENT AND OATH OF OFFICE - STEPHANIE STRETCH 3. MINUTES FOR APPROVAL Minutes to be accepted as circulated to the Mayor and Councillors (regular meeting held December 11, 2023, and special meetings held December 11, 2023, December 14, 2023 and January 8, 2024) - Councillor S. Davey. 4. 5. A 7. A DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www. kitchener. ca/conflict to submit your written form. COMMUNICATIONS REFERRED TO FILE 5.1 Flag Request Under Policy MUN-FAC-442 5.1.a Sai Mandir - August 15, 2023 PRESENTATIONS 6.1 Habitat for Humanity — Housing Affordability Fund (HAF) 6.1.a Philip Mills, Chief Executive Officer, Habitat for Humanity 6.2 Ktchener-Waterloo Oktoberfest 6.2.a Tracy Van Kalsbeek, Executive Director, K -W Oktoberfest Inc. and Allan Cayenne, Board President 6.3 Become a'Better City for Pets' Update 6.3.a Justine Sparling, Dog Friendly KW DELEGATIONS Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 5:00 on January 22, 2024, in order to participate electronically. 7.1 Dog Designation Appeal - Adams, COR -2024-058, listed as Item 13.1.a 7.1.a Jennifer Adams 7.2 Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law Amendment Application ZBA23/018/W%TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD -2023-430, listed as item 9.9.1 7.2.a Kristen Barisdale, GSP Group 7.2.b Jennifer Passey, Waterloo Catholic District School Board REPORTS OF COMMITTEES 8.1 FINANCE AND CORPORATE SERVICES COMMITTEE - JANUARY 8, 2024 Page 2 of 19 8.1.a Administrative Penalty System - Other Bylaw Offences, CSD -2023- 121 That City Council authorize and direct staff to expand the Administrative Monetary Penalty System, as set out in Community Services Department report CSD -2023-121; and, That City Council approve the Administrative Penalty By-law for Non - Parking By-laws (Schedule A); and, That City Council approve the By-law to repeal and replace By-law 2019-040, being the Screening and Hearing Officer By-law (Schedule B); and, That City Council approve amendments to the following By-laws • Parks By-law Chapter 270, as amended • Animals Regulations Chapter 408, as amended • Dog Designations Chapter 420, as amended • Responsible Dog Ownership Chapter 421, as amended • Noise By-law Chapter 450, as amended • Public Nuisances - Chapter 467, as amended • Management of Shopping Carts Chapter 475, as amended • Alternative Massage Centres Chapter 508, as amended • Fences Chapter 630, as amended • Graffiti Chapter 637, as amended • Heat in Rented Dwellings Chapter 640, as amended • Lot Maintenance Chapter 650, as amended • Standards of Maintenance and Occupancy of Property Chapter 665, as amended • Signs Chapter 680, as amended • Snow and Ice Removal from Roofs and Sidewalks Chapter 687, as amended • Trees Chapter 690, as amended • Tree — Protection -Destruction -Injury Chapter 691, as amended • Vacant Building Secured Chapter 694, as amended • Open Air Burning Chapter 711, as amended Page 3 of 19 • Fireworks and Fire Crackers Chapter 739, as amended • Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles Chapter 820, as amended • Excavations within Highways Chapter 827, as amended • Hedges and Other Objects Traffic Hazards Chapter 842, as amended • Work Permit — Work on Roadways Chapter 890, as amended • Boulevard Beautification and Maintenance Chapter 895, as amended; and further, That City Council approve the amendments to the following policies relating to the Administrative Monetary Penalty System: • GOV-COU-2015 - Conflict of Interest and Code of Conduct • GOV-COU-2016 — Public Complaints • GOV-COU-2017 - Recruitment and Selection of Screening and Hearing Officers • GOV-COU-2018 - Financial Management and Reporting • GOV-COU-2019 - Preventing Political Interference • GOV-COU-2020 - Undue Hardship." 8.2 HERITAGE KITCHENER - JANUARY 9, 2024 8.2.a Heritage Permit Application HPA-2023-IV-030, 149-151 Ontario St N and 21 Weber St W, Partial Demolition with Retention of Facades and New Construction of a 27 -storey Mixed -Use Tower, DSD -2024-008 That pursuant to Sections 30(2), 33, and 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2023-IV-030, as outlined in Development Services Department report DSD -2024-008, be approved to permit: 1. The partial demolition excluding the front (west) and south facades and the alteration of the roof, bay windows, brick quoining, door openings with transoms, and chimney on the property municipally addressed as 149-151 Ontario Street North; and, 2. The new construction of a 27 -storey mixed-use tower on the property municipally addressed as 149-151 Ontario Street North and 21 Weber Street West, subject to the following conditions: Page 4 of 19 a. That the final Heritage Impact Assessment and Conservation Plan be submitted and approved by the Director of Housing and Development Approvals prior to the issuance of a Heritage Permit; b. That a final Temporary Protection Plan, including a Demolition and Stabilization Plan, Structural Assessment Report, and Risk Management Plan, be submitted to the satisfaction of the City's Manager of Development Applications and the City's Heritage Planner prior to the issuance of a Heritage Permit; c. That a final Documentation and Salvage Plan be submitted to the satisfaction of the City's Manager of Development Applications and the City's Heritage Planner prior to the issuance of a Heritage Permit; d. That the Demolition Permit be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a Demolition Permit; and, e. That the Building Permit be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a Building Permit. 8.2.b Municipal Heritage Register Review - January 2024 Update, DSD - 2024 -022 That pursuant to Section 29 of the Ontario Heritage Act, the cultural heritage value or interest be recognized, and designation pursued for the properties municipally addressed as 33 Eby Street South and 72 Victoria Street South, as outlined in Development Services Department report DSD -2024-022. 9. UNFINISHED BUSINESS 9.1 Official Plan Amendment Application OPA23/011/W/TS, Zoning By-law Amendment Application ZBA23/018/W%TS, 20 Woolner Trail, Waterloo Catholic District School Board, DSD -2023-430 That the following motion be deferred to the January 22, 2024 Council meeting, or sooner, to allow an opportunity for Staff to engage with the Region of Waterloo to determine a timeline for discussions regarding pedestrian safety and traffic calming measures on Fairway Road North: "That Official Plan Amendment Application OPA23/01 1 /W/TS for Page 5 of 19 the Waterloo Catholic District School Board, for the property municipally addressed as 20 Woolner Trail, requesting the addition of Specific Policy Area No. 67 for the lands specified and illustrated as the "Area of Amendment" on Schedules `A' and `B', be adopted, in the form shown in the Official Plan Amendment attached to Development Services Department report DSD -2023- 430 as Appendix `A', and accordingly forwarded to the Region of Waterloo for approval; and further, That Zoning By-law Amendment Application ZBA23/018/W/TS for the Waterloo Catholic District School Board be approved in the form shown in the `Proposed By-law', and `Map No. 1', attached to Development Services Department report DSD -2023-430 as Appendix `B'." 9.2 Official Plan Amendment Application OPA23/008/B/ES, Zoning By-law Amendment Application ZBA23/012/B/ES - 93-99 Benton Street and 39- 43 St. George Street, DSD -2023-514 Please be advised, while this matter was deferred to the Council meeting this date, it will no longer be considered as it has been appealed to the Ontario Land Tribunal. 10. NEW BUSINESS 10.1 MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC 10.2 Notice of Motion - D. Schnider - Affordable Housing Councillor D. Schnider has given notice to introduce the following motion for consideration this date: "WHEREAS the Region of Waterloo is experiencing housing crisis; WHEREAS the City of Kitchener continues to respond in a strategic and agile manner to build a city for everyone where, together, we take care of the world around us — and each other; WHEREAS the City of Kitchener has committed to addressing affordable housing through the Housing For All Strategy; WHEREAS the City of Kitchener has identified underutilized City - owned lands as opportunities to support increased housing options, including affordable and attainable housing, through the Make It Kitchener 2.0 and the Housing for All strategies; WHEREAS the City of Kitchener has recently partnered with the Government of Canada to increase housing through the Housing Accelerator Fund; WHEREAS City Council, through the 2019-2022 Strategic Plan, tasked City staff to undertake a review of City -owned land; and, Page 6 of 19 WHEREAS City of Kitchener staff expect to present a City - Owned Land Disposition Framework in early 2024; THEREFORE, BE IT RESOLVED THAT staff be directed to identify surplus and/or underutilized parcels of City -owned land including surface parking lots which could be considered for the development of housing, including supportive and affordable housing and to present a list of options to City Council by the end of Q2 of 2024." 11. QUESTIONS AND ANSWERS 12. BY-LAWS 12.1 1 STAND 2ND READING 12.1.a Being a by-law with respect to the appointment of screening and hearing officers. 12.1.b Being a by-law to designate the property municipally addressed as 28 Burgetz Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest. 12.1.c Being a by-law to designate the property municipally addressed as 120 Victoria Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. 12.1.d Being a by-law to designate the property municipally addressed as 628 New Dundee Road, in the City of Kitchener as being of historic and cultural heritage value or interest. 12.1.e Being a by-law to designate the property municipally addressed as 64 Water Street North, in the City of Kitchener as being of historic and cultural heritage value or interest. 12.1.f Being a by-law to designate the property municipally addressed as 35 and 43 Sheldon Avenue North, in the City of Kitchener as being of historic and cultural heritage value or interest. 12.1.g Being a by-law to designate the property municipally addressed as 90-92 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. 12.1.h Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 12.1.i To confirm all actions and proceedings of the Council for January 22, 2024. 12.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 12.2.a Being a by-law to establish an Administrative Penalty System for Violations of Non -Parking By-laws within the City of Kitchener. Page 7 of 19 13. 14. 15. 12.2.b Being a by-law to amend various Chapters of The City of Kitchener Municipal Code - Administrative Penalty System 12.2.c Being a by-law to adopt Amendment No. 41 to the Official Plan - 20 Woolner Trail. 12.2.d Being a by-law to amend By-law 85-1, as amended, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener - Waterloo Catholic District School Board — 20 Woolner Trail. COMMITTEE OF THE WHOLE 13.1 ADMINISTRATIVE REPORTS 13.1.a Dog Designation Appeal - Adams, COR -2024-058 13.2 FOR INFORMATION 13.2.a Summary of Bid Solicitations Approved by the Chief Procurement Officer (October 1, 2023 — December 31, 2023), FIN -2024-037 REPORT OF THE COMMITTEE OF THE WHOLE \'d 15.1 3RD READING 15.1.a Being a by-law with respect to the appointment of screening and hearing officers. (By-law 2024-002) 15.1.b Being a by-law to designate the property municipally addressed as 28 Burgetz Avenue, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-008) 15.1.c Being a by-law to designate the property municipally addressed as 120 Victoria Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-009) 15.1.d Being a by-law to designate the property municipally addressed as 628 New Dundee Road, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-010) 15.1.e Being a by-law to designate the property municipally addressed as 64 Water Street North, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-011) W] 16 Page 8 of 19 15.1.f Being a by-law to designate the property municipally addressed as 35 and 43 Sheldon Avenue North, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-012) 15.1.g Being a by-law to designate the property municipally addressed as 90-92 Queen Street South, in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law 2024-013) 15.1.h Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law 2024-014) 15.1.1 To confirm all actions and proceedings of the Council for January 22, 2024. (By-law 2024-018) 15.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA, PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES 15.2.a Being a by-law to establish an Administrative Penalty System for Violations of Non -Parking By-laws within the City of Kitchener. (By-law 2024-001) 15.2.b Being a by-law to amend various Chapters of The City of Kitchener Municipal Code - Administrative Penalty System. (By-law 2024-015) 15.2.c Being a by-law to adopt Amendment No. 41 to the Official Plan - 20 Woolner Trail. (By-law 2024-016) 15.2.d Being a by-law to amend By-law 85-1, as amended, and By-law 2019-051, as amended, known as the Zoning By-laws for the City of Kitchener - Waterloo Catholic District School Board — 20 Woolner Trail. (By-law 2024-017) 16. ADJOURNMENT Page 9 of 19 Staff Report Corporate Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: January 22, 2024 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Marilyn Mills, Committee Coordinator, 519-741-2200 ext. 7275 WARD(S) INVOLVED: All DATE OF REPORT: January 16, 2024 REPORT NO.: COR -2024-058 SUBJECT: Dog Designation Appeal - Adams RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by J. Adams, wherein the Committee affirms the Potentially Dangerous Dog Designation applied to the dog `Abercrombie' by the Humane Society of Kitchener -Waterloo and Stratford Perth, be ratified and confirmed with modified conditions, as outlined in Corporate Services Department report COR -2024-058; and further, That the decision of the Dog Designation Appeal Committee regarding an appeal filed by J. Adams, wherein the Committee affirms the Dangerous Dog Designation applied to the dog `Billy the Kid' by the Humane Society of Kitchener -Waterloo and Stratford Perth, be ratified and confirmed with modified conditions, as outlined in Corporate Services Department report COR -2024-058. REPORT HIGHLIGHTS: • On October 24, 2023, the Humane Society of Kitchener -Waterloo and Stratford Perth designated "Abercrombie" as a Potentially Dangerous Dog and "Billy the Kid" as a Dangerous Dog. • Officer E. Maciel designated "Abercrombie" as a potentially dangerous dog due to an incident where "Abercrombie" approached a person and domestic animal in a menacing fashion with a lack of mitigating factors. • Officer E. Maciel designated "Billy the Kid" as a dangerous dog due to an incident where "Billy the Kid" attacked another dog without provocation. • The City's Dog Designation Appeal Committee affirmed the designation of "Abercrombie" as a Potentially Dangerous Dog and "Billy the Kid" as a Dangerous Dog. • This report supports the delivery of core services. BACKGROUND: On October 24, 2023, the Humane Society of Kitchener -Waterloo and Stratford Perth designated `Abercrombie', a dog owned by J. Adams, as a Potentially Dangerous Dog. The designation was *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 10 of 19 applied after determining that on October 5, 2023, `Abercrombie' approached a person and their dog in a menacing fashion, in the absence of any mitigating factor, in contravention to Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code. In addition, on October 24, 2023, the Humane Society of Kitchener -Waterloo and Stratford Peth designated `Billy the Kid', another dog owned by J. Adams, as a Dangerous Dog. The Dangerous Dog Designation was applied after determining that on October 5, 2023, `Billy the Kid' did attack a dog without provocation, in contravention to Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code. On October 23, 2023, the Office of the City Clerk received correspondence from J. Adams appealing both the Potentially Dangerous Dog Designation and the Dangerous Dog Designation laid on their dogs. It should be noted that there was a clerical error in the initial designations that were served, which is the reason for the appeal being received the day prior to the issuance of the designation. A Notice of Hearing was issued to the Respondent and Appellant, advising on January 12, 2024, a hearing of the Dog Designation Appeal Committee would be held to consider the matter. The Committee heard and considered evidence from all parties and determined that the Potentially Dangerous Dog Designation applied to `Abercrombie' and the Dangerous Dog Designation applied to `Billy the Kid' should be confirmed. REPORT: The Dog Designation Appeal Committee established by the Council of the Corporation of the City of Kitchener pursuant to City of Kitchener pursuant to Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code and the Statutory Powers Procedures Act R.S.O 1990 Chapter S.22, sat on January 12, 2024, to consider two appeals filed with the City by J. Adams, and reports as follows: The Committee considered the following: • testimony provided on behalf of the Respondent by Officer E. Maciel, Kitchener -Waterloo and North Waterloo Humane Society, which demonstrates `Abercrombie' was involved in an incident on October 5, 2023, where `Abercrombie' did approach a person and their dogs in a menacing fashion, in the absence of any mitigating factor, and in this same incident `Billy the Kid' did attack another dog without provocation. • testimony and photographic evidence from M. White, Witness for the Respondent and owner of the dog `Pepper', regarding an incident that occurred on October 5, 2023, where `Abercrombie' and `Billy the Kid' approached him, and his dogs in a menacing fashion. During the incident, one of his dogs, `Pepper' sustained bite wounds. • testimony of J. Adams, Appellant and owner of the dogs `Abercrombie' and `Billy the Kid', acknowledging that an incident did occur on October 5, 2023; and requesting the Committee rescind the designations as the behaviour of her dogs were an isolated incident, and further, it was unclear whether either of her dogs bit `Pepper' as several dogs were involved in the incident. It was also raised that there may have been mitigating factors that led to the incident. In addition, the Committee reviewed and considered the provisions of Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code and recommends that having considered Page 11 of 19 all the evidence and exhibits presented during the Hearing regarding the incident, the Potentially Dangerous Dog Designation applied to `Abercrombie' and the Dangerous Dog Designation applied to `Billy the Kid' be confirmed with modified conditions. The Committee hereby recommends the designation of Potentially Dangerous Dog applied to `Abercrombie', by the Humane Society of Kitchener -Waterloo and Stratford Perth; and, pursuant to By-law 2014-142 assigns the following modified conditions for the keeping of said Potentially Dangerous Dog: a) The owner shall ensure that all conditions pertaining to the dog when it is off the property of the owner including any leashing and muzzling requirements are complied with in any City Off -Leash Park unless specified otherwise in this designation; b) The owner shall ensure that the animal services provider is provided with the new address and telephone number of the owner within two working days of moving the designated dog; c) The owner shall provide the animal services provider with the name, address and telephone number of the new owner within two working days of selling or giving away the designated dog; d) The owner shall advise the animal services provider within two working days of the death of the designated dog; e) The owner shall advise the animal services provider forthwith if the designated dog runs at large or has bitten or attacked any person or animal; f) The owner shall provide a copy of this designation to any person who keeps or harbors the designated dog; g) The owner shall provide a copy of this designation to any veterinarian treating the designated dog and within the veterinarian's premises shall be exempt from the requirements of this designation to the extent necessary to secure veterinary treatment for the dog at the discretion of the veterinarian; h) The owner shall ensure that the designated dog has a current City dog license; i) The owner shall ensure that the designated dog wears the tag or tags provided by the animal services provider at all times and shall pay the reasonable cost for such tag or tags; j) The owner shall ensure that the designated dog is kept, when it is on the lands and premises of the owner, confined: a. within the dwelling; b. in an outdoor pen that is both secure and provides humane shelter to the satisfaction of the animal services provider; c. in an area with a secure and adequate fence to the satisfaction of the animal services provider however the animal services provider may refuse to approve any fenced area if, in the sole discretion of the animal services provider, a fenced area would provide insufficient protection to members of the public including unsupervised children who may wander into the area; or d. when outside of the dwelling and the approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 meters (6 feet) in length and to be approved by the animal services provider, and, where the dog is Page 12 of 19 required to wear a muzzle off its property by this designation shall also wear a muzzle when confined in accordance with this subsection (d); k) The owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen is in the owner's dwelling; 1) The owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen who does not habitually reside in the owner's dwelling is present; m) The owner shall ensure that the designated dog is kept caged penned, in a locked room not accessible to children or through inadvertence, or under the control of an occupant of the dwelling who is at least 18 years of age when any person who does not habitually reside in the owner's dwelling is present; n) The owner shall ensure that the designated dog is kept under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 meters (6 feet) in length and to be approved by the animal services provider, at all times when the designated dog is off the owner's property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; o) The owner shall ensure that the designated dog is microchipped by a licensed veterinarian and supply the microchip information to the animal services provider. The owner shall also permit the animal services provider to verify the implantation of such microchip. p) The owner shall ensure that the designated dog wears a securely attached muzzle that is satisfactory to the animal services provider at all times when it is off the owner's property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; Further, the Committee hereby recommends the designation of Dangerous Dog applied to 'Billy the Kid', by the Humane Society of Kitchener -Waterloo and Stratford Perth; and, pursuant to By- law 2014-142 assigns the following modified conditions for the keeping of said Dangerous Dog: a) The owner shall ensure that all conditions pertaining to the dog when it is off the property of the owner including any leashing and muzzling requirements are complied with in any City Off -Leash Park unless specified otherwise in this designation; b) The owner shall ensure that the animal services provider is provided with the new address and telephone number of the owner within two working days of moving the designated dog; c) The owner shall provide the animal services provider with the name, address and telephone number of the new owner within two working days of selling or giving away the designated dog; d) The owner shall advise the animal services provider within two working days of the death of the designated dog; Page 13 of 19 e) The owner shall advise the animal services provider forthwith if the designated dog runs at large or has bitten or attacked any person or animal; f) The owner shall provide a copy of this designation to any person who keeps or harbors the designated dog; g) The owner shall provide a copy of this designation to any veterinarian treating the designated dog and within the veterinarian's premises shall be exempt from the requirements of this designation to the extent necessary to secure veterinary treatment for the dog at the discretion of the veterinarian; h) The owner shall ensure that the designated dog has a current City dog license; i) The owner shall ensure that the designated dog wears the tag or tags provided by the animal services provider at all times and shall pay the reasonable cost for such tag or tags; j) The owner shall ensure that the designated dog is kept, when it is on the lands and premises of the owner, confined: a. within the dwelling; b. in an outdoor pen that is both secure and provides humane shelter to the satisfaction of the animal services provider; c. in an area with a secure and adequate fence to the satisfaction of the animal services provider however the animal services provider may refuse to approve any fenced area if, in the sole discretion of the animal services provider, a fenced area would provide insufficient protection to members of the public including unsupervised children who may wander into the area; or d. when outside of the dwelling and the approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 meters (6 feet) in length and to be approved by the animal services provider, and, where the dog is required to wear a muzzle off its property by this designation shall also wear a muzzle when confined in accordance with this subsection (d); k) The owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen is in the owner's dwelling; 1) The owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen who does not habitually reside in the owner's dwelling is present; m) The owner shall ensure that the designated dog is kept caged penned, in a locked room not accessible to children or through inadvertence, or under the control of an occupant of the dwelling who is at least 18 years of age when any person who does not habitually reside in the owner's dwelling is present; n) The owner shall ensure that the designated dog is kept under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 meters (6 feet) in length and to be approved by the animal services provider, at all times Page 14 of 19 when the designated dog is off the owner's property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; o) The owner shall ensure that the designated dog wears a securely attached muzzle that is satisfactory to the animal services provider at all times when it is off the owner's property and not caged or otherwise penned or confined to the satisfaction of the animal service provider. p) The owner shall ensure that the designated dog is microchipped by a licensed veterinarian and supply the microchip information to the animal services provider. The owner shall also permit the animal services provider to verify the implantation of such microchip. 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: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM — All those in attendance at the January 12, 2024, Hearing were advised of the Committee's decision and that it would be considered at the January 22, 2024 Council meeting as required in the By-law. In addition, a Notice of Decision was sent to the Appellant and the Respondents via email and registered mail on January 16, 2024; thereby, further notifying both parties of when the Committee's decision would be considered by Council and the process for registering as a delegation. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Victoria Raab, General Manager, Corporate Services Page 15 of 19 Staff Report Financia( Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: January 22, 2024 SUBMITTED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214 PREPARED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214 WARD(S) INVOLVED: N/A DATE OF REPORT: January 10, 2024 REPORT NO.: FIN -2024-037 SUBJECT: Summary of Bid Solicitations Approved by the Chief Procurement Officer (October 1, 2023 — December 31, 2023) RECOMMENDATION: For Information REPORT HIGHLIGHTS: • The purpose of this report is to provide a quarterly update on Procurements that have been approved through delegated authority in accordance with the Procurement By-law 2022-109. • There were twenty-three (23) bid solicitations approved in this quarter. • This report supports the delivery of core services. BACKGROUND: In accordance with Procurement By-law 2022-109 (Chapter 170 Municipal Code), section 27.1. "The CPO must submit quarterly procurement information reports to Council to provide the following information about the City's procurement activities: a) The circumstances and details of approved procurements exceeding $120,000 in value, under delegated authority of the CPO; and b) the circumstances and details of any emergency purchase(s) with a procurement value exceeding $120,000." REPORT: Attachment 1 is a listing of the twenty-three (23) approved bid solicitations for Council's information. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 16 of 19 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: All bid solicitations awarded by the Chief Procurement Officer, were within approved budgets, or were approved in accordance with the budget control policy. 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 ATTACHMENTS: Attachment 1 — Listing of Approved Bid Solicitations October 1, 2023 — December 31, 2023) Page 17 of 19 Attachment 1 — Listing of Approved Bid Solicitations (October 1, 2023 — December 31, 2023) Solicitation Solicitation Name Awarded Supplier Budget Award Amount # Amount (Exclusive of HST) Q23-078 Plumbing Supplies and Related Materials Marks Supply Inc., Funded from $151,023.83* Kitchener, Ontario operating Q23-090 Professional Services- Gaukel Street HVAC Rimkus Consulting Group $317,531.00 $184,000.00** and Roof Replacement Canada Inc., Mississauga, Ontario Q23-115 Professional Services - Victoria Park — AECOM Canada Ltd., $150,000.00 $124,831.62** Inventory, Assessment & Project Prioritization Markham, Ontario Q23-121 Snow Clearing — The Kitchener Memorial Conestoga Contracting Funded from $40,000.00* Auditorium Group Inc., operating Quoted unit Rates Elmira, Ontario Q23-126 Kitchener Parks Data Collection Stinson ITS Inc., $275,000.00 $261,943.00* Woodbridge, Ontario Q23-129 Steel Risers and Related Materials Tecvalco Ltd, Funded from $97,517.85* Niagara Falls, Ontario operating Q23-131 Professional Service - Olympic Drive MTE Consultants Inc., $538,000.00 $343,296.14** (Pattandon Avenue to Hoffman Street) Kitchener, Ontario Reconstruction FP023-133 Supply and Delivery of Bagged Riepert Salt & Supply Inc., Funded from $30,000.00* Water Softener Salt and Ice Melting Products Waterloo, Ontario operating Quoted Unit Rates (Co-operative) FP023-135 Three (3) Fire Apparatus Metz Fire and Rescue, $5,201,000.00 $3,112,000.00** St. Jacobs, Ontario Q23-138 Grader with Snow Equipment Jade Equipment Company $260,000.00 $214,600.00** Ltd., Oro-Medonte, Ontario Q23-139 Removal Services - Hazardous Material Da -Lee Environmental Funded from $79,193.57* (Interceptors, Washbay, Paint, Waste Oil) Services, operating Stoney Creek, Ontario Q23-142 Two (2) Epoke Salters Epoke North America Inc., $313,980.00 $313,980.00* Stittsville, Ontario *Initial contract term, additional renewals available ** Surplus funds - will remain within the capital account and will be used on future phases, or returned where appropriate. Page 18 of 19 Q23-145 Pump and Motor Control Maintenance & 339194 Ontario Ltd. o/a Funded from $112,500.00* Repair Prestige Energy Services, operating Stratford, Ontario Q23-146 Condenser Replacement at Don McLaren CIMCO Refrigeration — A $150,000.00 $114,490.00** Arena Division of Toromont, Burlington, Ontario Q23-149 One (1) Large Snow Blower Cubex Ltd., $207,027.00 $199,500.00** Brantford, Ontario Q23-150 Four (4) Electric Cars Finch Auto Group, $198,000.00 $184,102.00** London, Ontario Q23-151 Wireless Access -Points at City of Kitchener Powerland Computer Ltd., $115,000 $112,701.92* Facilities Winnipeg, Manitoba Q23-153 Heavy Equipment Rentals (Co -Operative) RTI Equipment Solutions Funded from $57,087.50* Inc., operating Innisfil, Ontario Tri City Equipment, Guelph, Ontario FPO23-160 One (1) Leeboy Asphalt Paver Enduraquip, $340,000.00 $339,425.00** Bram ton, Ontario Q23-161 Manhole and Catch Basin Frames, Covers & Cedar Infrastructure Funded from $73,225.00* Related Materials Products LP, operating Maple, Ontario Q23-162 Two -Layer FBE Coated Pipes Comco Pipe and Supply, $400,000.00 $319,361.00* Puslinch, Ontario Q23-167 Victoria Park Pedestrian Bridge — Deck Roubos Farm Service Ltd., $260,000.00 $237,097.00** Rehabilitation/Repair Work (Bridge near Moorefield, Ontario Jubilee Drive to Roos Island Q23-170 Natural Gas Service Shut Off Valves C.R. Wall & Co. Ltd., Funded from $53,567.09* Cambridge, Ontario operating Page 19 of 19