THIS MEETING WILL BE WEBCAST ON THE CITY’S PUBLIC YOUTUBE SITE (@CITYWATERLOO) AND MAY BE TELECAST ON PUBLIC TELEVISION
COUNCIL MEETING Monday, November 26, 2018 6:30 PM
AGENDA
Mayor Jaworsky in the Chair
1. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
2. MOMENT OF REFLECTION
3. APPROVAL OF MINUTES
That the previous meeting minutes be approved.
a) October 1, 2018 - Council Meeting Page 8
Recommendation: That the minutes of the Council Meeting held on October 1, 2018 be approved as printed.
Council Meeting Page 1 of 106 November 26, 2018 b) November 12, 2018 – Special Council Meeting Page 17
Recommendation: That the minutes of the Special Council Meeting held on November 12, 2018 be approved as printed.
4. PRESENTATIONS None.
5. DELEGATIONS None
6. REPORTS OF COMMITTEES
a) Title: Finance & Strategic Planning Committee Page 23 Meeting Report – November 12, 2018 Report No.: CORP2018-080 Prepared By: Lissy Spencer
Recommendations: 1. That CORP2018-080 be approved.
2. That the recommendations of the Finance & Strategic Planning Committee meeting, November 12, 2018 be adopted.
7. CONSENT MOTION
That Consent Items (a) and (b) be approved.
a) Title: Drinking Water Quality Management System Page 27 - Management Review and Operation Plan Update Report No.: IPPW2018-062 Prepared By: Paola Mendez
Recommendations: 1. That Council receive IPPW2018-062 for information.
Council Meeting Page 2 of 106 November 26, 2018 b) Title: Municipal Ombudsman Annual Report Page 35 (2017-2018) Report No.: CORP2018-081 Prepared By: Olga Smith
Recommendations: 1. That report CORP2018-081 be approved and received as information.
8. STAFF REPORTS
a) Title: Substance Use Policy Page 56 Report No.: CORP2018-073 Prepared By: Kathy Weidhaas
Recommendations: 1. That policy H-008 Substance Use Policy be approved.
b) Title: Amendments to Dangerous Dogs Page 63 Designation By-law #98-92 Report No.: COM2018-024 Prepared By: Shayne Turner
Recommendations: 1. That Council approve COM2018-024.
2. That Council approve a by-law to amend the Dangerous Dogs Designation By-law #98-92, as outlined in Report COM2018-024.
c) Title: Official Plan Amendment No. 21, and Zoning Page 68 By-law Amendment Z-18-02, HIP Developments Inc., 70 King Street North – Addendum Report Report No.: IPPW2018-030.2 Prepared By: Wendy Fisher
Recommendations: 1. That IPPW2018-030.2 be approved.
2. That the Mayor and the Clerk be authorized to execute a Section 37 Planning Act Agreement between 2422409 Ontario Inc. (HIP Developments Inc.) and The Corporation of the City of Waterloo for the lands known municipally as 70 King Street North, in a form that is substantially consistent with the bonusing provisions contained in the site-specific
Council Meeting Page 3 of 106 November 26, 2018 zoning by-law amendment attached to IPPW2018- 030.2 as Appendix ‘A’. The form and content of the Section 37 Planning Act Agreement shall be to the satisfaction of the City’s Director of Planning Approvals and the City’s Director of Legal Services.
d) Title: Exemptions Pursuant to 34(10.0.0.2) and Page 78 and 45(1.4) of the Planning Act Report No.: IPPW2018-068 Prepared By: Joel Cotter
Recommendations: 1. That IPPW2018-068 be approved.
2. That Council declare by resolution that subsection 34 (10.0.0.1) of the Planning Act shall not apply to the classes of zoning by-law amendment applications specified in Appendix ‘A’ ofIPPW2018-068 pursuant to subsection 34 (10.0.0.2) of the Planning Act.
3. That Council declare by resolution that subsection 45 (1.3) of the Planning Act shall not apply to the classes of minor variance applications specified in Appendix ‘B’ of IPPW2018-068 pursuant to subsection 45 (1.4) of the Planning Act.
e) Title: Traffic and Parking By-law Amendment - Page 87 Various Locations Report No.: IPPW2018-066 Prepared By: Christine Koehler
Recommendations: 1. That IPPW2018-066 be approved.
2. That Traffic and Parking By-law #08-077 be updated with the amendments contained herein.
f) Title: Kitchener-Waterloo Joint Initiatives Committee Page 91 Update Report No.: CAO2018-027 Prepared By: Adam Lauder
Recommendations: 1. That Council receive CAO2018-027 as information.
Council Meeting Page 4 of 106 November 26, 2018 g) Title: 2018 Northdale/IBM Smarter Cities Update Page 97 Report No.: CAO2018-026 Prepared By: Tim Anderson
Recommendations: 1. That Council receives CAO2018-026 as information.
9. FORMAL/INFORMAL PUBLIC MEETINGS None
10. CONSIDERATION OF NOTICE OF MOTION GIVEN AT PREVIOUS MEETING None
11. NOTICE OF MOTION None
12. COMMUNICATIONS AND CORRESPONDENCE None
13. REGIONAL INFORMATION AND CORRESPONDENCE None
14. UNFINISHED BUSINESS
15. NEW BUSINESS i. Delegations ii. Items removed from Consent Motion to be dealt with separately iii. Staff Reports iv. Other Business
16. QUESTIONS
17. ENACTMENT OF BY-LAWS
Recommendation: That the By-laws listed below be read a first, second and third time and finally passed, numbered sequentially commencing with By-law Number 2018-064 and that the Mayor and Clerk be authorized to sign them accordingly.
Council Meeting Page 5 of 106 November 26, 2018
a) By-law to amend By-law No. 08-077, a by-law to regulate traffic and parking on highways under the jurisdiction of the City of Waterloo. Various locations. (IPPW2018-066, November 26, 2018)
b) By-law to amend By-law number 1998-92, being a by-law relating to dangerous dogs and potentially dangerous dogs and to provide for the licensing, regulation and prohibition of pit bulls in the City of Waterloo. (COM2018-024, November 24, 2018)
c) By-law to amend By-Law No. 2018-050, being a zoning by- law controlling land use in the City of Waterloo. Rezone the lands known municipally as 70 King Street North from Zone Change Application (ZC) to (Holding) Uptown Commercial Core-16 ((H)U1-16) and (Holding) Uptown Commercial Core-81 ((H)U1-81) with site specific provisions. 2422409 Ontario Inc. (HIP Developments Inc.) (IPPW2018-030 and IPPW2018-030.1, September 10, 2018)
d) By-law to amend By-Law No. 1108, being a zoning by-law controlling land use in the City of Waterloo. Create a new Uptown Commercial Core (U1) zone in By-law No. 1108 and rezone the lands known municipally as 70 King Street North from Commercial Eight-25 (C8-25) to (Holding) Uptown Commercial Core-16 ((H)U1-16) and (Holding) Uptown Commercial Core-81 ((H)U1-81) with site specific provisions. 2422409 Ontario Inc. (HIP Developments Inc.). (IPPW2018- 030 and IPPW2018-030.1, September 10, 2018)
e) By-law to amend By-Law No. 2018-050, being a zoning by- law controlling land use in the City of Waterloo. Rezone the lands known municipally as 26, 28 Dorset Street and 7 Princess Street West from Zone Change Application (ZC) to Uptown Commercial Core-40 (U1-40) with site specific provisions. D and A Limited Partnership GP Inc. (IPPW2018- 065, November 12, 2018)
Council Meeting Page 6 of 106 November 26, 2018 f) By-law to amend By-Law No. 1108, being a zoning by-law controlling land use in the City of Waterloo. Create a new Uptown Commercial Core (U1) zone in By-law No. 1108 and rezone the lands known municipally as 26, 28 Dorset Street and 7 Princess Street West from Commercial Eight-25 (C8- 25) to Uptown Commercial Core-40 (U1-40) with site specific provisions. D and A Limited Partnership GP Inc. (IPPW2018- 065, November 12, 2018)
g) By-law to confirm all actions and proceedings of Council, November 26, 2018 – Regular
18. ADJOURNMENT
Council Meeting Page 7 of 106 November 26, 2018
A meeting of the Council of The Corporation of the City of Waterloo was held on October 1, 2018 at 2:05 p.m. in the Council Chambers, 100 Regina Street South, Waterloo, Ontario.
COUNCIL MEETING Monday, October 1, 2018
MINUTES - DRAFT
MINUTES
PRESENT: Mayor Dave Jaworsky, Councillor Angela Vieth, Councillor Diane Freeman, Councillor Mark Whaley, Councillor Jeff Henry, Councillor Melissa Durrell,
ABSENT: Councillor Bob Mavin, Councillor Brian Bourke
Mayor Jaworsky in the Chair
1. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
Councillor Freeman declared a pecuniary interest with respect to staff report IPPW2018-057 Cash-in-Lieu of Parking Agreement, 176 Regina Street North, 2501428 Ontario Inc. due to her place of employment.
Council Meeting Page 8 of 106 November 26, 2018 2. CLOSED MEETING
Moved by Councillor Whaley, seconded by Councillor Freeman:
That Council hold a closed meeting for the purposes of considering the following subject matter:
a) labour relations or employee negotiations (City of Waterloo Employees);
b) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Legal Advice re City Centre Leaseable Space and Legal Advice re Agreement with a Third Party);
c) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act (Section 11, Municipal Freedom of Information and Protection of Privacy Act Economic and Other Interests) (City Centre Leaseable Space); and,
d) a proposed or pending acquisition or disposition of land by the municipality or local board (Potential Acquisition/Disposition of Land).
Council Meeting Recessed: (Time: 2:06 p.m.) Council Meeting Reconvened: (Time: 3:06 p.m.)
PRESENT: Mayor Dave Jaworsky, Councillor Bob Mavin, Councillor Angela Vieth, Councillor Diane Freeman, Councillor Mark Whaley, Councillor Jeff Henry, Councillor Melissa Durrell, Councillor Brian Bourke (arrived 3:20 p.m.)
Mayor Jaworsky in the Chair
3. MOMENT OF REFLECTION
The Mayor opened with a moment of reflection
Council Meeting Page 9 of 106 November 26, 2018 4. APPROVAL OF MINUTES
That the previous meeting minutes be approved.
a) September 24, 2018 – Council Meeting
Moved by Councillor Freeman, seconded by Councillor Vieth
That the minutes of the Special Council Meeting held on September 24, 2018 be approved as printed.
Carried Unanimously (Councillor Bourke absent for vote)
5. REPORTS OF COMMITTEES
a) Title: Committee of the Whole Report – September 10, 2018 Report No.: CORP2018-070 Prepared By: Lissy Spencer
Moved by Councillor Henry, seconded by Councillor Freeman:
1. That CORP2018-070 be approved.
2. That the recommendations of the Committee of the Whole of Monday, September 10, 2018 be adopted.
Carried Unanimously (Councillor Bourke Absent for Vote)
6. CONSENT MOTION
Moved by Councillor Whaley, seconded by Councillor Vieth:
That Consent Items (a) and (b) be approved.
Carried Unanimously (Councillor Bourke absent for vote)
Council Meeting Page 10 of 106 November 26, 2018 a) Title: Procurement Award Summary – Q2 2018 Report No.: CORP2018-064 Prepared By: Tracie Bell
Recommendations: 1. That CORP2018-064 be received as information.
Carried Unanimously (Councillor Bourke absent for vote)
b) Title: Compassionate Care Leave Benefit Report No.: CORP2018-069 Prepared By: Alison Meunier
Recommendations: 1. That CORP2018-069 be approved.
2. That policy H-007 Compassionate Care Leave benefit be approved.
Carried Unanimously (Councillor Bourke absent for vote)
7. STAFF REPORTS
a) Title: 2018 Grant Update Report Report No.: CORP2018-068 Prepared By: Brad Witzel
Moved by Councillor Henry, seconded by Councillor Freeman:
1. That CORP2018-068 be received as information.
Carried Unanimously (Councillor Bourke absent for vote)
b) Title: Cash-in-Lieu of Parking Agreement, 176 Regina Street North, 2501428 Ontario Inc. Report No.: IPPW2018-057 Prepared By: Rita Szilock
Having previously declared a pecuniary interest with respect to staff report IPPW2018- 057 - Cash-in-Lieu of Parking Agreement, 176 Regina Street North, 2501428 Ontario Inc., Councillor Freeman left the meeting (Time: 3:08 p.m.)
Council Meeting Page 11 of 106 November 26, 2018 Moved by Councillor Whaley, seconded by Councillor Durrell:
1. That Council approve report IPPW2018-057.
2. That Waterloo City Council authorize the Mayor and Clerk to sign a Cash-in-Lieu of Parking Agreement for 176 Regina Street North in accordance with IPPW2018-057.
3. That the form and content of the Cash-in-Lieu of Parking Agreement be to the satisfaction of the Director of Legal Services and Director of Planning Approvals.
Carried unanimously (Councillor Bourke absent for vote)
Councillor Freeman returned to the meeting (Time: 3:08 pm.)
Councillor Bourke joined the meeting (Time: 3:20 p.m.)
c) Title: 2018-2019 Electric Scooter Pilot Project Report No.: CAO2018-025 Prepared By: Ryan Mounsey
Ryan Mounsey, Expansion & Retention Services, provided an overview of the proposed pilot project with LIME for the use of e-scooters on multi-use trails, private streets and property for one year from Fall 2018 to Spring 2019. . Mr. Mounsey noted that e- scooters are defined currently as a “motor vehicle” and are therefore regulated by the Highway Traffic Act and the Criminal Code of Canada. LIME would be providing these e-scooters to be used within defined routes for the duration of the pilot project.
Phil Hewitson, Manager, Active Transportation & LRT, provided an overview of the e- scooter program advising it will benefit pedestrians and cyclists already using the space.
Mike Pereira, Manager, Business Development, Research and Technology Park, University of Waterloo spoke in favour of the pilot project advising the e-scooter will be well utilized on the multi-use trails within the University of Waterloo’s R&T Park and the ability for staff and students to access off site businesses as well.
Nico Probst & Nate Currey, Founders, LIME spoke in greater detail about the e- scooter pilot project advising it is an affordable and accessible way to get around, and requested Council’s support in advancing the pilot project at this time.
Emmett Meacher, Director of Business & Government Affairs, DROP Mobility spoke in opposition to this pilot project on the basis that for the past year DROP Mobility and city staff have been working on agreements for a similar pilot project for June 2019. Mr. Meacher advised LIME’s proposal may jeopardize the region-wide system DROP
Council Meeting Page 12 of 106 November 26, 2018 Mobility has been working on and in fairness requested Council not approve LIME’s pilot project.
Moved by Councillor Whaley, seconded by Councillor Durrell:
1. That Council approve CAO2018-025.
2. That the CAO be authorized to execute all and any documents necessary to implement the Electric Scooter Pilot Project to the satisfaction of the City Solicitor.
3. That staff provide an update to Council on the Electric Scooter Pilot during summer 2019.
4. That Council hereby delegates to the CAO authority to act on behalf of the City in exercising the City’s rights set out in the Agreement, notwithstanding that any renewal of the Term of the Agreement shall require approval by Council.
Carried Unanimously
d) Title: Waterloo Advisory Committee on Active Transportation Motion from Committee Report No.: CTTEE2018-005 Prepared By: Anne Crowe
Daniel Brotherston, Kitchener resident, spoke in support of the report and suggested normal curbs be implemented in the second phase of the UpTown Streetscape to provide adequate protection for cyclists in the cycling lane. Mr. Brotherston requested Council or staff provide a copy of this report to the Region of Waterloo and their Active Transportation Committee for their review
Scott Weldon, Waterloo, spoke in support of the Committee’s report in putting up curbs along the Uptown Streetscape as he is an avid cyclist and uses these cycling lanes daily.
Councillor Whaley left the meeting: (Time: 4:42 p.m.) Councillor Whaley returned to the meeting: (Time: 4:44 p.m.)
Moved by Councillor Freeman, seconded by Councillor Bourke:
That CTTEE2018-005 be received as information and further that Council refer this report to Region of Waterloo staff for their consideration.
Carried Unanimously
Council Meeting Page 13 of 106 November 26, 2018 8. FORMAL/INFORMAL PUBLIC MEETINGS
Formal Public Meeting
a) Title: Zoning By-law Amendment Z-18-11, West Waterloo Retail GP Ltd., Lifting of a Holding (H) Provision, 924 Erb Street West Report No.: IPPW2018-052 Prepared By: Dominik Simpson
Olga Smith, City Clerk, advised that notice was provided in the Waterloo Chronicle on August 23, 2018, and mailed or emailed on August 20, 2018, to all property owners within 120 metres of the subject property. No Informal Public Meeting was held.
Dominik Simpson, Development Planner responded to questions from Council.
Kevin Thomason, Wilmot resident, spoke in opposition to the removal of the holding provision as he feels the property requires more road infrastructure to be in place before removing the holding provision. Mr. Thomason suggested ways in which the property could be more functional with additional entry and exits including constructing roundabout within the roadways on the Costco property to deter the bottle neck within the internal collector lanes. . Mr. Thomason clarified that he is not opposed to Costco, rather urging Council to oppose the holding provision removal to reconsider the traffic challenges on and around the property.
Darrel Bird, WSP spoke in favour of the holding provision removal noting the current parking lot was intended as a temporary parking facility until the approval from Hydro One to expand the parking into the hydro corridor which will commence in Spring 2019. Mr. Bird expressed the desire from Rice Group to proceed with the lifting of the holding provision in order to begin with the updates to the parking lot
As no one else was present to speak to the application, the Chair concluded the Formal Public Meeting and advised the application is now open to Council for a motion and debate.
Moved by Councillor Durrell, seconded by Councillor Whaley:
1. That Waterloo Council approve report IPPW2018-052.
Council Meeting Page 14 of 106 November 26, 2018 2. That Waterloo Council approve Zoning By-law Amendment Z-18- 11, for 924 Erb Street West, in accordance with Section 6 of IPPW2018-052.
Carried 2 Voted in Opposition (COUNCILLOR MAVIN) (COUNCILLOR VIETH)
9. NEW BUSINESS i. Other Business
a) Councillor Mavin – Apple Days for Waterloo Scouts
Moved by Councillor Freeman, seconded by Councillor Vieth:
That Notice of Motion be waived.
Carried Unanimously
Moved by Councillor Mavin, seconded by Councillor Henry:
That Council grant permission for the Waterloo Scouts Group to be on City of Waterloo property to hold an “Apple Day” from 3:00 pm to 9:00 pm on Friday, October 12, 2018 and from 8:30 am to 5 pm Saturday, October 13, 2018
Carried Unanimously
b) Councillor Durrell – Liqour Licence, 77 King Street North
Moved by Councillor Whaley, seconded by Councillor Vieth:
That Notice of Motion be waived.
Carried Unanimously
Moved by Councillor Durrell, seconded by Councillor Whaley:
That the Council of the Corporation of the City of Waterloo objects to the current proposal at 77 King Street North, Waterloo for the operation of a licensed outdoor patio in the MacGregor-Albert Heritage Conservation District (MACA) as the potential development will dramatically impact the City’s only Heritage District and the quality of life of its surrounding residents.
Carried unanimously
Council Meeting Page 15 of 106 November 26, 2018 10. ENACTMENT OF BY-LAWS
Moved by Councillor Henry, seconded by Councillor Freeman:
That the By-law Nos 2018-047 and 2018-048 be read a first, second and third time and finally passed and that the Mayor and Clerk be authorized to sign them accordingly.
Carried Unanimously
a) By-Law No. 2018-047 By-law to amend By-law No. 2018-050, being a Zoning By-law controlling land use development within the City of Waterloo. The sole purpose of this By-law is to remove the holding (H) symbol from the subject lands allowing development to proceed. 924 Erb Street West. West Waterloo Retail GP Ltd. (IPPW2018-052, October 1, 2018)
b) By-Law No. 2018-048 By-law to confirm all actions and proceedings of Council, October 1, 2018 – Regular
11. ADJOURNMENT
Moved by Councillor Mavin, seconded by Councillor Bourke:
That the meeting adjourn. (Time: 5:50 p.m.)
Carried Unanimously
READ AND APPROVED, November 26, 2018
Mayor
City Clerk
Council Meeting Page 16 of 106 November 26, 2018 Special Council Meeting Minutes Page 217 November 12, 2018
A special meeting of the Council of The Corporation of the City of Waterloo was held on November 12, 2018 at 2:00 p.m. in the Council Chambers, 100 Regina Street South, Waterloo, Ontario
SPECIAL COUNCIL MEETING Monday, November 12, 2018
Minutes - DRAFT
Present: Mayor Dave Jaworsky, Councillor Angela Vieth, Councillor Diane Freeman, Councillor Mark Whaley, Councillor Jeff Henry, Councillor Melissa Durrell
Absent: Councillor Mavin, Councillor Bourke
Mayor Jaworsky in the Chair
1. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
No disclosure of pecuniary interest was declared by any member of Council at this point in the meeting.
2. CLOSED MEETING
The Chair advised there was an additional recommendation for the closed meeting session listed as item b).
Recommendations: That Council hold a closed meeting for the purposes of considering the following subject matter:
Council Meeting Page 17 of 106 November 26, 2018 Special Council Meeting Minutes Page 218 November 12, 2018
a) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Legal Advice – Fence Variance Process);
b) A proposed or pending acquisition or disposition of land by the municipality or local board (Legal Advice re Potential Acquisition of Land)
Meeting Recessed. (Time: 2:01 p.m.) Meeting Reconvened. (Time: 6:31 p.m.)
Present: Mayor Dave Jaworsky, Councillor Bob Mavin, Councillor Brian Bourke, Councillor Angela Vieth, Councillor Diane Freeman, Councillor Mark Whaley, Councillor Jeff Henry, Councillor Melissa Durrell
Mayor Jaworsky in the Chair
3. MOMENT OF REFLECTION
The Mayor opened with a moment of reflection.
4. DELEGATIONS
a) Sovereign’s Medal for Volunteers, from Governor General’s Office
Councillor Freeman read introduced Reverend Canon Christopher Pratt, an active community leader, the Reverend Canon Christopher Pratt has applied his time and talents to several non-profit and volunteer organization ranging from health care and the arts to veterans.
Councillor Vieth introduced Mr. Robert Murray Astley, a model of involved and caring community since 1983, Robert Astley has made a difference by lending much-needed support to a variety of important non-profit organizations dedicated to education, culture and business.
Mayor Jaworsky, on behalf of Her Excellency the Right Honourable Julie Payette, Governor General of Canada, presented both Robert Astley (Jennifer Astley-Kinsey and Reverend Canon Christopher Pratt with the Sovereign’s Medal for Volunteers including a medal, certificate and lapel pin.
Jennifer Astley-Kinsey accepted the award on behalf of her father, Robert Astley, and noted some of his many notable volunteer positions such as Chair of the Board of Directors of K-W Symphony, Chair of Board of Governors of Wilfrid Laurier University, Inaugural Chair of Dean’s Advisory Council at Laurier, Board member of K-W Community Foundation, Member of task force to select new members of the Board of Trustees at the Grand River Hospital, and so much more.
Council Meeting Page 18 of 106 November 26, 2018 Special Council Meeting Minutes Page 219 November 12, 2018
Reverend Pratt thanked Council for taking the time to present this medal and his wife for sticking by him throughout all of the volunteering and community involvement over the years.
5. FORMAL/INFORMAL PUBLIC MEETINGS
Formal Public Meeting
a) Title: Zoning By-law Amendment Z-18-15 to Remove Holding Symbol from 46-50 Hickory Street West Report No.: IPPW2018-061 Prepared By: John Vos
Olga Smith, City Clerk advised that notice was advertised in the Waterloo Chronicle on September 20, 2018, and mailed or emailed on September 18, 2018 and October 26, 2018, to all property owners within 120 metres of the subject property and to public agencies.
As no one else was present to speak to the application, the Chair concluded the Formal Public Meeting and advised the application is now open to Council for a motion and debate.
Moved by Councillor Henry, seconded by Councillor Durrell:
1. That IPPW2018-061 be approved.
2. That Council approve Zoning By-law Amendment Z-18-15, submitted by S. Vranes, to remove the holding (“H”) symbol from the lands municipally known as46, 48, & 50 Hickory Street West, in accordance with Section 6 of IPPW2018-061.
Carried Unanimously
b) Title: Zoning By-law Amendment Z-18-16 to Remove Holding Symbol from 254, 256, 258 Lester Street Report No.: IPPW2018-064 Prepared By: Dominik Simpson
Olga Smith, City Clerk, advised that notice was advertised in the Waterloo Chronicle on October 25, 2018, and mailed or emailed on October 26, 2018, to all property owners within 120 metres of the subject property and to public agencies.
As no one else was present to speak to the application, the Chair concluded the Formal Public Meeting and advised the application is now open to Council for a motion and debate.
Council Meeting Page 19 of 106 November 26, 2018 Special Council Meeting Minutes Page 220 November 12, 2018
Moved by Councillor Henry, seconded by Councillor Vieth:
1. That Council approve report IPPW2018-064.
2. That Zoning By-law Amendment Z-18-16 be approved in accordance with Section 6 of IPPW2018-064.
Carried Unanimously
c) Title: Zoning By-law Amendment Z-18-10, 26 & 28 Dorset Street and 7 Princess Street West, D&A Limited Partnership GP Inc. Report No.: IPPW2018-065 Prepared By: Wendy Fisher
Olga Smith, City Clerk, advised that notice was advertised in the Waterloo Chronicle on October 25, 2018, and mailed or emailed on October 26, 2018, to all property owners within 120 metres of the subject property, to public agencies, to all persons who signed in or spoke at the Informal Public Meeting held on May 10, 2018 and to all persons who requested further notice.
Wendy Fisher, Development Planner reviewed the application and responded to questions from Council.
Trevor Hawkins, MHBC Planning, on behalf of the applicant, spoke in favour of staff recommendations and provided an overview of the new renderings of the proposed development.
Correspondence: Letter of Support: Lexington Park Real Estate Capital Inc
As no one else was present to speak to the application, the Chair concluded the Formal Public Meeting and advised the application is now open to Council for a motion and debate.
Moved by Councillor Durrell, seconded by Councillor Whaley:
1. Having considered all written and oral submissions from the public and stakeholders, and considered the professional opinions of planning staff, Council approves Zoning By-law Amendment Z-18-10, 26, 28 Dorset & 7 Princess St W, in accordance with Section 8 (Recommendations) of IPPW2018-065 for the reasons specified in Section 7 (Conclusions) of the report.
Carried Unanimously
Council Meeting Page 20 of 106 November 26, 2018 Special Council Meeting Minutes Page 221 November 12, 2018
6. NEW BUSINESS
Councillor Mavin thanked Council, staff and Waterloo residents for his time as Councillor of Ward 1 these last four years.
Councillor Freeman thanked outgoing council members, Councillor Mavin, Councillor Bourke, Councillor Whaley and Councillor Durrell for their service and friendship over their terms as Waterloo Council.
7. BY-LAWS
Moved by Councillor Mavin, seconded by Councillor Bourke:
That the By-law Nos 2018-054, 2018-055, 2018-056, 2018-057, 2018-058, 2018- 059, 2018-060, 2018-061, 2018-062 and 2018-063 be read a first, second and third time and finally passed, numbered sequentially commencing with By-law Number 2018-054 and that the Mayor and Clerk be authorized to sign them accordingly.
Carried Unanimously
a) By-law No. 2018-054 By-law to provide for the 2019 Interim Tax Levy and for the payment of 2019 Interim Property Taxes (CORP2018-072, November 12, 2018)
b) By-law No. 2018-055 By-law establishing a public highway in the City of Waterloo known as Public Walkway. Section 37 Agreement. 258 Sunview Inc., 258 Sunview Street (By-law 2016-041)
c) By-law No. 2018-056 By-law establishing (widening) a public highway in the City of Waterloo known as Columbia Street. 58R-20206. Condo Plan Approval. 350 Lester Street. 9158120 Ontario Inc. (IPPW2017-033, June 12, 2017)
d) By-law No. 2018-057 By-law to amend By-law No. 1108 being a zoning by-law controlling land use in the City of Waterloo. Removal of a Holding Provision at 46, 48 and 50 Hickory Street. (IPPW2018-061, November 12, 2018)
e) By-law No. 2018-058 By-law to amend By-law 2018-050 being a zoning by-law controlling land use development within the City of Waterloo. Removal of a Holding Provision at 46, 48 and
Council Meeting Page 21 of 106 November 26, 2018 Special Council Meeting Minutes Page 222 November 12, 2018
50 Hickory Street. (IPPW2018-061, November 12, 2018)
f) By-law No. 2018-059 By-law to amend By-law 1108 being a Zoning By-law controlling land use in the City of Waterloo. Removal of a Holding Provision at 254, 256, 258 Lester Street. (IPPW2018-064, November 12, 2018)
g) By-law No. 2018-060 By-law to amend By-law No. 2018-050 being a zoning by-law controlling land use in the City of Waterloo. Removal of a Holding Provision at 254, 256, 258 Lester Street. (IPPW2018-064, November 12, 2018)
h) By-law No. 2018-061 By-law establishing (widening) a public highway in the City of Waterloo known as Hazel Street. ( SP-18-03, February 27, 2018)
i) By-law No. 2018-062 By-law to amend By-law No. 1418, being a zoning by-law controlling land use in the City of Waterloo. Rezone from I-6 to C3-25 with site specific provisions. Rise Commercial Developments. 651 Colby Drive. (IPPW2018- 051, November 12, 2018)
j) By-law No. 2018-063 By-law to confirm all actions and proceedings of Council, November 12, 2018
8. ADJOURNMENT
Moved by Councillor Durrell, seconded by Councillor Mavin:
That the meeting adjourn. (Time: 7:29 p.m.)
Carried Unanimously
READ AND APPROVED, November 26, 2018
Mayor
City Clerk
Council Meeting Page 22 of 106 November 26, 2018 1 Corporate Services
Legislative Services
Title: Finance & Strategic Planning Committee Report – November 12, 2018 Report Number: CORP2018-080 Author: Lissy Spencer Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: None Attachments: None Ward No.: City Wide
Recommendation:
1. That CORP2018-080 be approved
2. That the recommendations of the Finance & Strategic Planning Committee of Monday, November 12, 2018 be adopted.
A. Executive Summary This report contains the recommendations approved by the Finance & Strategic Planning Committee on Monday, November 12, 2018
B. Financial Implications None
C. Technology Implications None
D. Legal Considerations Staff did not seek legal advice.
E. Link to Strategic Plan/Economic Vitality (Strategic Pillars: Sustainability and Our Living Environment, Public Engagement, Healthy & Safe Community, Vibrant Neighbourhoods, Getting Around, Economic Vitality) • Public engagement
F. Previous Reports on this Topic None
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G. Approvals
Name Signature Date
Author: Lissy Spencer November 20, 2018 Director: Olga Smith Commissioner: Keshwer Patel Finance: n/a n/a
CAO
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Finance & Strategic Planning Committee Report – November 12, 2018 CORP2018-080
1) APPROVAL OF MINUTES - June 18, 2018 – Finance & Strategic Planning Committee Meeting Minutes
1. That the minutes of the Finance & Strategic Planning Committee Meeting held on Monday, June 18, 2018 be approved as printed.
2) Appeal of Fence Variance Decision at Appeals Tribunal For Fence Built at 262 Old Abbey Road, Waterloo
Title: Fence Variance Decision Report No.: COM2018-023
1. That Council receive report COM2018-023.
2. That Council confirm the Fence Appeal Tribunal’s decision with respect to a fence variance application for the property at 262 Old Abbey Road.
3) Title: Core Consumer Price Index Update Report No.: CORP2018-071
1. That CORP2018-071 be received as information.
4) Title: 2019 Interim Tax Levy Report No.: CORP2018-072
1. That Council approves Staff Report CORP2018-072.
2. That Council approves the 2019 Interim Tax Levy By-law, attached as Schedule A”.
5) Title: 2018 Q3 Surplus Projection Report No.: CORP2018-078
1. That CORP2018-078 be received as information.
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6) Title: Procurement Award Summary – Q3 2018 Report No.: CORP2018-076
1. That CORP2018-076 be received as information.
7) Title: Award of Tend RFT18-17 Maple Hill Creek Rehabilitation Report No.: IPPW2018-063
1. That IPPW2018-063 be approved.
2. That Council approve the award of RFT18-17 Maple Hill Creek Rehabilitation to Seawaves Development Services Inc. at the lowest submitted price of $1,193,640, plus non-recoverable HST in the amount of $21,008, for a total award value of $1,214,648.
3. That the Mayor and Clerk be authorized to sign the Agreement between The Corporation of the City of Waterloo and Seawaves Development Services Inc., and any other documents related to this project, subject to the satisfaction of the City’s Director of Legal Services.
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STAFF REPORT Water Services
Title: Drinking Water Quality Management System – Management Review and Operational Plan Update Report Number: IPPW2018-062 Author: Paola Mendez Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: DWQMS Attachments: None Ward No.: City-Wide
Recommendation:
For Information
A. Executive Summary
As per Element 20 of the Drinking Water Quality Management Standard Version 2.0 (the Standard), under the Safe Drinking Water Act (SDWA), 2002, Top Management of the Operating Authority (Water Services) is required to report the results of the Management Review and the Operational Plan Updates to the Owner (City of Waterloo Mayor/Council) on an annual basis. Top Management is defined as the highest level of management within the Operating Authority that makes decisions and recommendations regarding the Quality Management System (QMS) and is comprised of the Commissioner of IPPW, the Director of Water Services, the Manager of Water Operations and Maintenance, the Manager of Wastewater and Construction.
The 2018 Management Review was conducted on June 28 and September 25, 2018, reviewing the period of January 1 to December 31, 2017 including new requirements of the Standard Version 2.0. The Standard provides a set of specific components of the drinking water system that are to be reviewed to provide an opportunity to identify areas that can be improved to ensure the ultimate goal is being met – providing safe drinking water to our consumers. Furthermore, the Management Review provides an opportunity to satisfy the requirements of Element 21 – Continual Improvement. As per the Standard, Top Management is required to identify deficiencies, which can be defined as anything deemed inadequate in quality.
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The results of the Management Review are provided on pages 5 - 7 of this report; there were three opportunities of improvement identified. Opportunities for improvements, best management practices, recommendations, and preventive/ corrective actions are captured as action items. Action items are then assigned to a staff member to be completed within a defined timeline and are assigned a priority ranking for urgency of completion.
The Operational Plan is also reviewed annually to reflect regulatory amendments the 2018 annual review included changes to meet the requirements of the Standard Version 2.0; operational changes; and, system improvements. The Drinking Water Quality Management System – Operational Plan contains 21 elements that describe the City’s drinking water system and associated procedures to meet the “Plan-Do-Check-Improve” cycle of quality management systems. This report is intended to provide information to Council on the changes to the Operational Plan.
A copy of the Operational Plan is located in the Mayor and Councillors office and is posted on the City of Waterloo website.
B. Financial Implications
There are no financial implications associated with receiving this report for information.
C. Technology Implications
There is no technology implications associated with receiving this report for information.
D. Legal Considerations
Staff did not seek legal advice
E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development)
The Operational Plan and the Management Review are intended to provide service excellence and continual improvement of our Quality Management System within the City’s water distribution system. The Operational Plan demonstrates the City’s commitment to deliver safe drinking water. Both are linked to the Strategic Pillars: • Strong Community • Corporate Excellence
F. Previous Reports on this Topic
The Management Review and the updates to the Operational Plan have been reported annually to Council, since 2010 and 2011 respectively. The last report was IPPW2017- 055.
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G. Approvals
Name Signature Date
Author: Paola Mendez Director: Phil Quickfall / Roy Garbotz Commissioner: Cameron Rapp Finance:
CAO
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Drinking Water Quality Management System – Management Review and Operational Plan Update IPPW2018-062
Section 1: Background The Municipal Drinking Water Licensing Program, trough the Ministry of the Environment and Climate Change’s (MECP’s) Safe Drinking Water Act, 2002 and Ontario Regulation 188/07, requires operating authorities of drinking water systems to develop a Quality Management System (QMS) and obtain accreditation to demonstrate conformance with the Drinking Water Quality Management Standard Version 2.0 (the Standard). The City of Waterloo, Water Services is an accredited operating authority and operates under a Municipal Drinking Water Licence and Drinking Water Works Permit.
Revisions to Ontario’s Drinking Water Quality Management Standard Version 2.0 (the Standard / DWQMS 2.0) were released in early April 2017; Operating Authorities (OAs) have until the end of 2019 to make the transition. While some of the revisions to the Standard resulted in very little impact to the existing Drinking Water Quality Management Systems (Drinking Water QMS), other changes required Water Services (the OA), to take a closer look at our existing processes.
Water Services transition into the new Standard Version 2.0 was finalized in October 2018, it included: - Evaluation of the Ministry of the Environment and Climate Change’s (MECP) Potential Hazardous Events for Municipal Residential Drinking Water Systems to Consider in the DWQMS Risk Assessment; performed last year through Water Services 36-month Risk Assessment. - DWQMS Operational Plan and Procedures updated to conform to Version 2.0 of the Standard. - Internal Audit and Management Review to DWQMS 2.0, completed in September 2018. - Third-Party Audit (Surveillance Accreditation Audit), completed in October 9, 2018.
As per Element 20 of the Standard, Top Management of an operating authority shall: • ensure that a management review is conducted at least once every calendar year, • consider the results of the management review and identify deficiencies and action items to address the deficiencies,
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• provide a record of any decisions and action items related to the management review including the personnel responsible for delivering the action items and the proposed timeline for their implementation, and • report the results of the management review, the identified deficiencies, decisions and action items to the Owner.
Additionally, the Standard requires the Quality Management System (QMS) to be documented in an operational plan for each subject system that the operating authority operates. Water Services’ Drinking Water Quality Management System (DWQMS) is documented in the DWQMS Operational Plan and represents the current state of the City’s drinking water distribution system, its operations and its management structure. It contains 21 elements that set out criteria for all municipalities to adhere to following the “Plan-Do-Check-Improve” cycle of management systems.
Section 2: Results of the 2018 Management Review
The Management Review was finalized on September 25, 2018, reviewing the period of January 1 to December 31, 2017 and the changes to meet the requirements of the Standard (version 2.0). It was conducted by the Commissioner of IPPW, the Director of Water Services, the Manager of Water Operations and Maintenance, the Manager of Wastewater and Construction, and the QMS Representative. In preparation for the meeting, the 2018 Management Review Summary Report was generated following the Standard Version 2.0. To obtain a copy of this report, please contact Paola Mendez at [email protected] or 519-886-2310 x30300.
The information was evaluated for its continued suitability, adequacy and effectiveness as it relates to the QMS within the City’s distribution system and included consideration of: a) Incidents of Regulatory Non-Compliance; b) Incidents of Adverse Drinking Water Tests; c) Deviations from Critical Control Point Limits and Response Actions; d) Efficacy of the Risk Assessment Process; e) Results of Internal and External Audits; f) Results of Emergency Response Training and Testing; g) Operational Performance; h) Raw Water Supply and Drinking Water Quality Trends; i) Follow-up Action Items from Previous Management Reviews; j) Status of Action Items Identified Between Management Reviews; k) Changes that could Affect the QMS; l) Consumer Feedback; m) Resources Needed to Maintain the QMS; n) Results of Infrastructure Review; o) Operational Plan; p) Staff Suggestions; and, q) Recommendations.
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Deficiencies, action items and recommendations were noted and discussed.
Through the evaluation of the 2018 Management Review Summary Report, the Top Management Team determined the QMS continues to be suitable, adequate and effective to ensure the delivery of safe drinking water based on the implementation of the requirements of the Standard Version 2.0.
Highlights of 2018 Management Review
The following items are highlights of the 2018 Management Review: • A final inspection rating of 100% was received for the drinking water distribution system via an unannounced inspection by the Ministry of the Environment Conservation and Parks (MECP) on November 3, 2017; • On June 25, 2018 the MECP conducted an unannounced document review inspection; once again, the final inspection rating was a 100%. • In 2017, Water Services was in Year 3 of the audit cycle. A third party conducted a Full Scope System Accreditation Audit on September 27, 2017 (off-site) and October 18-19, 2017 (on-site). No non-conformances were identified for the DWQMS; there were four opportunities for improvement (OFI) identified during the on-site audit; • The Standard requires a risk assessment to be conducted once every 36 months; a full risk assessment was conducted in May-June 2017. Applicable hazardous events listed in the MECP’s Potential Hazardous Events for Municipal Residential Drinking Water Systems document were discussed, evaluated, and included. The 2017 Risk Assessment was validated through the 2017 Management Review. The next full risk assessment is scheduled for 2020; • Maintenance activities, hydrant and valve maintenance, scheduled flushing program, water distribution locates and Maximo work orders were incorporated this year as metrics to evaluate Water Services’ operational performance; • In January 2017, Water Services began testing and sampling for haloacetic acids (HAAs), as per changes to Ontario’s Drinking Water Quality Standards, Testing and Reporting Requirements (O. Reg. 169/03 and 170/03). HAAs are to be collected from a point in the distribution system that is suspected to have an elevated potential for the formation of HAAs. The 2017 data was analyzed at the end of the year and two locations were selected for 2018; • Water Services conducted an annual infrastructure review to determine if the current programs, infrastructure condition and budgets are adequate to operate and maintain the drinking water distribution system. Based on available information, Top Management has determined Water Services’ current programs, infrastructure condition and budgets are adequate. Budgetary needs are communicated to Council through the Capital and Operating budget process.
Deficiencies
No deficiencies were identified during the 2018 Management Review.
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Action Items and Recommendations
The following action items were identified during the 2018 Management Review:
AI # Proposed Priority Action Item Assigned To (yy-#) Timeline Ranking
18-15 Need to discuss the implementation Director Water Services, Winter Medium of Maximo App as well as WO Manager of Water Operations 2018-2019 procedure including creation and and Maintenance, Maximo closure with Maximo Project Lead. Project Lead 18-16 Maximo training for Director and Maximo Project Lead Fall 2018 High Manager has been canceled twice; ensure training is provided as soon as possible. 18-17 Is meter data being adequately Manager of Water Operations Fall 2018 High gathered, is there a better way to and Maintenance gather and access meter data? What data do we need to gather and have access to?
Section 3: Operational Plan Update
The Operational Plan requires continual updating to reflect regulatory amendments, operational changes and system improvements. Under the Safe Drinking Water Act, 2002, Water Services is required to report the changes made to the DWQMS Operational Plan to Council on an annual basis.
The 2018 changes to the Operational Plan are summarized as follows:
DWQMS Element Changes
• Changes/updates to comply with Drinking Water Quality Management Standard Version 2.0 (DWQMS 2.0). All Elements • Defined “annual or annually” as a calendar year (January 1st to December 31st). • DWQMS 1-01 QMS Schedule updated. Element 1: Quality Management System
Element 2: Quality Management System • The Policy was re-endorsed by Top Management due to changes Policy in the organizational structure. Element 3: Commitment and • Top Management endorsement signature updated (DWQMS 3-01) Endorsement Element 4: Quality Management System • No changes made. Representative • Element 5: Record and Document Control No changes made.
Element 6: Drinking Water Distribution • Updated to comply with DWQMS 2.0 requirements System • Distribution system statistics updated.
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DWQMS Element Changes
Element 7: Risk Assessment • Added/modified definitions as per DWQMS 2.0. • DWQMS 8-01 Risk Assessment Outcomes: reviewed operational Element 8: Risk Assessment Outcomes activities as they relate to possible hazardous events and re- evaluated outcomes were required. Element 9: Organizational Structure, • Editorial changes only. Roles, Responsibilities and Authorities Element 10: Competencies • No changes made. • DWQMS 11-01 Personnel Coverage Procedure: minor changes Element 11: Personnel Coverage section 4.3.1 to clarify after hours’ coverage. • DWQMS 12-01 Communications: minor wording changes as per Element 12: Communications DWQMS 2.0. Element 13: Essential Supplies and • DWQMS 13-01 Essential Supplies and Service Procedure: minor Services wording changes as per DWQMS 2.0. Element 14: Infrastructure Review and • DWQMS 14-01 Infrastructure Review and Provision: added risk Provision assessment as part of the infrastructure review process. Element 15: Infrastructure Maintenance, • Editorial changes only. Rehabilitation and Renewal Element 16: Sampling Testing and • No changes made. Monitoring Element 17: Calibration and Maintenance • No changes made. of Measurement and Recording Equipment • DWQMS 18-01 Emergency Management Procedure: added new Emergency Response SOP - Responding to a Boil Water / Element 18: Emergency Management Drinking Water Advisory. • DWQMS 18-02 Emergency Response Testing Schedule updated. • Removed Non-conformance Corrective Action Request form and DWQMS 19-02 Non-conformance Corrective action procedure. Element 19: Internal Audits These procedures are now included in DWQMS 21-01. • DWQMS 19-03 Internal Audit Annual Schedule updated to reflect new practice (36 month schedule). Element 20: Management Review • Editorial changes only. • Extensive changes/updates to incorporate corrective/preventive Element 21: Continual Improvement actions definitions and requirements; BMP review procedure; and, other changes as per DWQMS 2.0.
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STAFF REPORT Legislative Services
Title: Municipal Ombudsman Annual Report (2017-2018) Report Number: CORP2018-081 Author: Olga Smith Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: N/A Attachments: Appendix A – Annual Report Ward No.: All
Recommendation:
1. That report CORP2018-081 be approved and received as information.
A. Executive Summary The Municipal Ombudsman is required to provide an annual report on the activities of the office directly to Council on an annual basis, which is attached to this report as Appendix A.
The purpose of this report is for information purposes and provides a breakdown of inquiries received by the Municipal Ombudsman since the official appointment in 2016.
B. Financial Implications An annual retainer is provided to the Ombudsman for their services; this retainer is shared with the participating municipalities within Waterloo Region and is based on population count.
C. Technology Implications None.
D. Legal Considerations None.
E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development)
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Corporate Excellence: Continued improvement of customer service
F. Previous Reports on this Topic CORP2016-040 – Appointment of Municipal Ombudsman (2016-2018) CORP2017-093 – Municipal Ombudsman Annual Report (2016-2017) CORP2018-041 – Renewal of Municipal Ombudsman Agreement
G. Approvals
Name Signature Date
Author: Olga Smith Director: Olga Smith Commissioner: Keshwer Patel Finance: Keshwer Patel
CAO
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Municipal Ombudsman Annual Report (2017-2018) CORP2018-081
Section 223.13 of the Municipal Act, 2001 gives municipalities the authority to appoint an ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as specified by the municipality.
Council approved the appointment of Agree Inc. in 2016 to act as the municipal Ombudsman on behalf of the City of Waterloo and other municipalities within Waterloo Region (City of Cambridge, Region of Waterloo and the Townships of Wilmot, Woolwich and Wellesley). The municipal Ombudsman office was established as the Waterloo Area Municipal Ombuds Office (WAMOO).
The City’s agreement with Agree Inc. was renewed for the period from June 1, 2018 to May 31, 2020. The annual report is submitted to Council and describes the work and activities conducted by the WAMOO office during June 1, 2017 to May 31, 2018.
For more information about the municipal ombudsman, a webpage has been created and can be located at http://www.civicombuds.ca/
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APPENDIX ‘A’ – ANNUAL REPORT
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STAFF REPORT Human Resources
Title: Substance Use Policy Report Number: CORP2018-073 Author: Kathy Weidhaas Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: N/A Attachments: H-008 Substance Use Policy Ward No.: City Wide
Recommendation:
1. That policy H-008 Substance Use Policy be approved.
A. Executive Summary
The recent legalization of cannabis has increased awareness and discourse on the need for a Substance Use Policy within Canadian workplaces. The purpose of Substance Use Policy is to provide individuals with clear expectations regarding impairment in the workplace by alcohol and other drugs, and to demonstrate the City of Waterloo’s commitment to a healthy and safe workplace. The focus is on being fit for duty, prohibiting the possession, distribution, offering or sale of alcohol, cannabis and other drugs in the workplace, and steps to be taken if an employee discloses an addiction.
We have been training our Directors, Managers and Supervisors over the last several months on our corporate expectations and responsibilities outlined in a procedure related to Substance Use and this training will continue. We have also incorporated the related Substance Use procedure into our New Hire orientation process.
The City of Waterloo has developed the attached Substance Use Policy as we are committed to providing and maintaining a safe and healthy workplace where all employees, members of council, contractors, volunteers and members of the public are protected from the adverse effects of substance use.
B. Financial Implications
Not applicable
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C. Technology Implications
Not applicable
D. Legal Considerations
Staff sought legal advice.
E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development)
The Substance Use Policy aligns with the City’s value to promote a Healthy Workplace.
F. Previous Reports on this Topic
Not applicable
G. Approvals
Name Signature Date Author: HR - Employee Relations
Director: Susan Farrelly November 19, 2018 Commissioner: Keshwer Patel Finance: CAO
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Policy Title: Substance Use Policy Policy Category: Human Resources Policy No.: H-008 Department: Corporate Services Approval Date: November 26, 2018 Revision Date: N/A Author: Human Resources - Employee Relations Attachments: N/A Related Documents/Legislation: Corporate Policy: Early and Safe Return to Work Corporate Policy H-004: Employee Code of Conduct and Ethics Code of Conduct for Members of Council Corporate Policy: Disciplinary Action Sick Leave and Medical Accommodation Procedure Substance Use Procedure Occupational Health & Safety Act and Regulations Ontario Human Rights Code Criminal Code of Canada Narcotics Control Act Cannabis Act (Federal and Provincial) Smoke Free Ontario Act Highway Traffic Act Key Word(s): accommodation, alcohol, cannabis, drug, impairment, medication, substance
POLICY STATEMENT:
The City of Waterloo is committed to providing and maintaining a safe and healthy workplace where all employees, members of council, contractors, volunteers and members of the public are protected from the adverse effects of substance use. The City recognizes addiction as a disability and will make every effort to support and accommodate employees in accordance with the Early and Safe Return to Work Policy.
PURPOSE:
This policy outlines the expectations of employees, members of council, contractors and volunteers as it relates to substance use. The City strives to respect the dignity and privacy of individuals with a disability and places a priority on treatment, accommodation and recovery.
Mandatory Policy, Municipal Act: No Policy Administration Team, Review Date November 6, 2018 Corporate Management Team, Review Date November 7, 2018 Council Meeting Page 58 of 106 November 26, 2018 POLICY NUMBER: H-008 Page 2
DEFINITIONS:
Contractor any person(s) or firm(s) that provides goods or services to the City under terms specified in a contract or other agreement and not paid through the City’s payroll.
Fit for Duty reporting to work when able to perform the duties of the job competently, safely and within generally accepted performance standards.
Impaired/ Unfit for Duty reporting to work affected by the use of, or after-effects of, or otherwise being under the influence of one or more substances which may impair one’s ability to perform work duties in a safe, competent, and efficient manner.
Safety Sensitive Position positions which have a key or direct role in operation where impaired performance could result in significant error, incident, or accident affecting the health or safety of employees, and/or negatively impact the public, property, finances, or the environment. It also includes positions that have no direct or very limited supervision available to them to provide the necessary operational checks.
Substance any substance that is ingested, consumed or otherwise taken, and includes alcohol, cannabis and other drugs (whether legal or illegal) and medication.
Supervisor a person who has charge of a workplace or authority over a worker.
Workplace is any land, property, structures, facilities, premises, location, City vehicle and equipment owned, leased, operated or otherwise controlled by the City or any other place at, upon, from or near which an employee works in the course of his or her duties. This may include social functions, training and conferences, during travel, at restaurants, hotels or meeting facilities being used for business purposes, during telephone, email or other communications, and social media.
Worker is a person who performs work (also known as employee) or supplies services for monetary compensation (as defined under the Occupational Health and Safety Act (OHSA)). It also includes all secondary or post-secondary students who perform work or supply services for no monetary compensation under a work experience program operated by or approved by a secondary or post-secondary institution. The definition of “worker” does not include a volunteer who works for no monetary payment of any kind. However, volunteers are expected to comply with this Policy.
SCOPE:
This policy applies to all employees, members of council, contractors and volunteers while at work and providing services to the City, conducting City business or representing the City.
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POLICY COMMUNICATION:
This policy will be made available to staff through the City’s website, intranet and shall be provided as part of orientation packages.
POLICY:
1.0 GENERAL
Employees, members of council, contractors and volunteers are prohibited from the following while in the workplace, while at work, conducting City business and/or representing the City:
• Using alcohol or other drugs or substances, including cannabis, illegal substances or medications that may impair performance, safety at work or the ability to drive a vehicle • Being impaired/ unfit for duty due to the use, or after-effects, of the substances above • The possession, distribution, offering or sale of alcohol, cannabis and other drugs in the workplace • There are situations where alcohol is served as a customary form of hospitality at various events i.e. Corporate event, party, conference, etc. Although this policy does not prohibit an employee or member of council from consuming alcohol at these events, it is expected they act and consume responsibly. This includes using alternate forms of transportation such as taxis and public transit when impaired.
1.0 ADDICTION
The City recognizes that alcohol and drug addictions are treatable medical conditions where early intervention greatly improves the probability of long-term recovery. Continuing and supportive aftercare has also been shown to contribute positively toward the maintenance of sobriety and the return to productive work of a person recovering from an addiction.
Employees who suspect that they have a substance use problem or addiction are encouraged to promptly seek assistance and to obtain appropriate treatment by contacting the Employee Family Assistance Program (EFAP), visiting their health care provider and/or using their extended health care benefits. Employees must notify the City (Management or Human Resources) if they have an addiction that might require accommodation. If an employee requires workplace accommodation as a result of an addiction, the City will make every effort to accommodate in accordance with its obligations under the Human Rights Code and applicable City policies.
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Information related to an employee’s addiction will be kept in strictest confidence and will not be disclosed except: a) As authorized by the informed and written consent of the employee b) As required by law c) Where there is a serious and imminent risk to the health and safety of employees, contractors, volunteers or members of the public
RESPONSIBILITIES:
Employees • arrive at work fit for duty • refrain from engaging in unauthorized substance use while on duty or while in the workplace • remain fit for duty when on standby or on-call and decline the call if impaired • perform their duties in a safe manner without risk to others (including the public) and/or the environment • when working in a safety sensitive position, understand the importance of remaining fit for duty at all times • refrain from using, possessing, distributing, offering or selling substances or substance paraphernalia in the workplace • only distribute, offer or sell alcohol if they are required to do so as part of their job duties • when attending a training event/seminar or otherwise appearing at an event as a representative or ambassador for the City, ensure that they are not impaired • seek appropriate assistance and treatment for substance use problems and/or an addiction and disclose as required under this policy • use medications responsibly • notify Human Resources if there is a possibility that their consumption of prescription medication could cause impairment and/or if they have an addiction • notify their Supervisor and/or Human Resources if they suspect a co-worker (or someone in the workplace) is impaired or may have an addiction • co-operate in the review of any suspected and/or actual impairment in accordance with the Substance Use Procedure • adhere to the Substance Use Policy
The above applies, with necessary modifications (as applicable) to volunteers and contractors.
Supervisors • monitor job performance and notify Human Resources of any suspected and/or confirmed impairment in accordance with the Substance Use Procedure • implement corrective actions when performance and/or safety concerns are identified
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• ensure employees are not working in a safety sensitive position if there are indications of a safety risk • participate, with the support of Human Resources, in identifying appropriate accommodation for employees who may consume prescribed medication that might cause impairment and/or employees who have an addiction • abide by any City approved and medically required accommodation plan
Employer • provide training to all employees affected by this policy • ensure compliance with this policy • ensure compliance with all related legislation that might impose obligations on the City including the Human Rights Code and Occupational Health and Safety Act
3.0 TRAINING
Supervisors must ensure that employees have read and understood this policy.
4.0 REVIEW
Human Resources reserves the right to review and evaluate this policy on a regular basis and amend as necessary.
COMPLIANCE:
In cases of policy violation, the City may investigate and determine appropriate corrective action.
In cases of policy violation of members of council the Integrity Commissioner may investigate and determine appropriate corrective action.
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STAFF REPORT Municipal Enforcement Services
Title: Amendments to Dangerous Dogs Designation By-law #98-92 Report Number: COM2018-024 Author: Shayne Turner Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: [File] Attachments: N/A Ward No.: All
Recommendation:
1. That Council approve COM2018-024.
2. That Council approve a by-law to amend the Dangerous Dogs Designation By- law #98-92, as outlined in Report COM2018-024.
A. Executive Summary
The City’s Dangerous Dogs Designation By-law #98-92, provides for the ability for a dog that shows signs of aggressive behaviour, or attacks a person or domestic pet, to be designated as potentially dangerous, dangerous or prohibited, based on the circumstances present at the time. Any dog designation order may be appealed by the dog owner, to the City’s Dangerous Dogs Designation Appeal Committee.
Municipal Enforcement and Legal Services staff, in collaboration with the Kitchener Waterloo Humane Society (KWHS), have initiated a review of the City’s Dangerous Dogs Designation By-law and appeal process. Staff anticipate bringing an updated Dangerous Dog Designation By-law to Council for consideration in 2019. While this review will continue to unfold, staff have identified some housekeeping improvements to the by-law that they recommend be implemented in advance of the larger review. These improvements are aimed at improving staff’s ability to respond to public safety concerns by enhancing enforcement tools available through the by-law. The suggested improvements, which are discussed in detail, in this report, include amending the by-law to:
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- Provide for the ability to prosecute a dog owner who fails to comply with the conditions on a dog designation order, as opposed to the current regulations that only allow for an officer to escalate the designation to the next level;
- Provide the KWHS officers with a level of discretion to choose the relevant conditions to place on all 3 levels of a designation order (currently the by-law provides for discretion with respect to 2 of the 3 designation orders;
- Provide the authority for City staff to issue work orders and orders to discontinue, and to initiate certain work, when the dog owner fails to do so, in order to gain compliance with conditions on the order;
- Provide discretion for the KWHS, in collaboration with Municipal Enforcement and Legal Services, to determine how best to deal with a dog that has been surrendered or seized when it has been designated as prohibited.
B. Financial Implications
N/A
C. Technology Implications
N/A
D. Legal Considerations Legal Services has been consulted on this review item.
E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development) This proposal links to the priority of Strong Community, as contained in the City’s Strategic Plan.
F. Previous Reports on this Topic
N/A
G. Approvals
Name Signature Date
Author: November 19, 2018
Director: November 19, 2018 Commissioner: Finance: N/A CAO
Council Meeting Page 64 of 106 November 26, 2018 3 Community Services
Amendments to Dangerous Dogs Designation By-law #98-92 COM2018-024
The City’s Dangerous Dog Designation By-law #98-92 provides for a process whereby a dog can be designated as potentially dangerous, dangerous or prohibited in the event of serious concerns identified or an actual attack on a person or domestic animal by the subject dog. The effect of the designation is that the owner of the dog is required to comply with conditions aimed at public safety, which are above and beyond any requirements for a normal dog owner. In short, the designation process is, for the most part, an escalating process, whereby a dog may be designated as potentially dangerous to start and may, depending on the level of compliance with the order, escalate to dangerous and perhaps to prohibited. In the event that a dog is designated as prohibited, the owner of the dog is required to surrender the dog to the Kitchener- Waterloo Humane Society (KWHS), the City’s animal control services contractor.
The initial steps in issuing a dog designation order are administered by the KWHS officers, in collaboration with Legal Services and Municipal Enforcement Services staff. Any dog owner who receives a dog designation order has the ability to appeal the conditions on the order, in whole or in part, to the Dangerous Dogs Designation Appeal Committee, which is administered through the City’s Legislated Services office. The Committee currently consists of a combination of City Councillors and residents. The decision of the Committee is binding on both the dog owner and the City.
It should be noted that the subject By-law is 20 years old and the current administrative process has also existed for a long period of time. Municipal Enforcement and Legal Services staff, in collaboration with KWHS staff, have initiated a review of both components of this program and are currently working through that process. Staff anticipates bringing an updated Dangerous Dog Designation By-law to Council for consideration in 2019.
In the interim, staff have identified some housekeeping amendments that staff believe would likely result in immediate benefits to the process, and which are anticipated to be a benefit in terms of enhancing the City’s ability to enforce the By-law and to protect public safety.
It is not uncommon for a dog owner to not fully comply with the conditions placed on their designation order. When this happens the only course of action currently available is to escalate the designation to the point of the dog being deemed prohibited. The By- law does not contain a provision to allow for a prosecution against the dog owner himself/herself for failing to comply with the conditions on the order. Staff proposes to
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address this by adding this option to initiate legal action. The result is that, in addition to the existing tools in the By-law, staff will be able to take action to obtain compliance through prosecution, should the dog owner fail to comply with the conditions with the conditions of a designation. In essence, where applicable, this allows for a shift in focus away from the dog itself and a focus on the non-compliance of the dog owner.
Staff are proposing the following further housekeeping amendments to improve the designation process. These include:
- Providing the KWHS officers with a level of discretion to choose the relevant conditions to place on a designation order. Currently, this level of discretion only applies to an order for a potentially dangerous dog, whereas a dangerous dog order must contain all conditions specified in the by-law, regardless of their relevance;
- Providing the authority for City staff to issue a work order or order to discontinue, and to initiate certain work, when the dog owner fails to do so, in order to gain compliance with conditions on the order. This work may include ensuring that a required dog containment area (i.e. pen) or other items, such as fencing, are constructed sufficiently on the subject property. The by-law would provide for the order to be served on the property owner as well as the dog owner (where these are not the same). Any resulting costs would be invoiced to the occupant and/or owner of the property, and if not paid, they would be applied to the tax roll for the property. This proposed provision aligns with the enforcement mechanisms in this by-law with several other City by-laws currently in place;
- Providing discretion for the KWHS, in collaboration with Municipal Enforcement and Legal Services in determining how best to deal with a dog that has been surrendered or seized when it has been designated as prohibited. Currently, the by-law indicates that the dog is to be destroyed. However, it is significant to note that, for many years, the City and the KWHS has avoided destroying a prohibited dog whenever possible. The amendment will reflect this current practice;
As part of developing the proposed changes, staff have discussed the options with some neighbourhood residents that have experienced challenges with aggressive dog behaviour in the past. In addition, staff have discussed this matter with the 2 Council members that currently sit on the Designation Appeal Committee. Further, a copy of this report, in draft form, has been circulated to all members of the Committee.
In terms of the operational processes, a series of initiatives have commenced and will continue to unfold, aimed at further strengthening the relationship between the City and the KWHS. These include general training programs and continued regular consultation between KWHS staff and the Legal Services and Municipal Enforcement Services Divisions.
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In summary, the full program and by-law review will continue and it is anticipated that this will result in recommended process improvements and an updated Dangerous Dog Designation By-law to be presented to Council in 2019. In the meantime, staff believe that the proposed improvements outlined in this report, for the immediate future, will have a beneficial impact on the City’s ability to address public safety concerns related to aggressive dog behaviour.
Council Meeting Page 67 of 106 November 26, 2018 1 Integrated Planning & Public Works
STAFF REPORT Integrated Planning & Public Works
Title: Official Plan Amendment No. 21 and Zoning By-law Amendment Z-18-02, HIP Developments Inc., 70 King Street North – Addendum Report Report Number: IPPW2018-030.2 Author: Wendy Fisher Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: OPA No. 21 and Z-18-02 Attachments: Appendix A – Site Specific Zoning By-law Amendment
Ward No.: Ward 7, Uptown
Recommendations:
1. That IPPW2018-030.2 be approved.
2. That the Mayor and the Clerk be authorized to execute a Section 37 Planning Act Agreement between 2422409 Ontario Inc. (HIP Developments Inc.) and The Corporation of the City of Waterloo for the lands known municipally as 70 King Street North, in a form that is substantially consistent with the bonusing provisions contained in the site-specific zoning by-law amendment attached to IPPW2018-030.2 as Appendix ‘A’. The form and content of the Section 37 Planning Act Agreement shall be to the satisfaction of the City’s Director of Planning Approvals and the City’s Director of Legal Services.
A. Height and Density Bonusing Framework
At the Formal Public Meeting held on September 10, 2018, Council approved Official Plan Amendment No. 21 and Zoning By-law Amendment Z-18-02, which apply to 70 King Street North. The Amendments allow for:
(1) a 23 metre podium height within 30 metres of King Street, (2) a 46 metre tower (Tower A) within 30 metres of King Street, (3) an 81 metre tower (Tower B) closest to Regina Street, and (4) a maximum density of 856 bedrooms per hectare.
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The height of Tower A (item 2) and the maximum permitted density (item 4) were approved through height and density bonusing. While community benefits were previously recommended by staff through Report IPPW2018-030, the Applicant presented modified bonusing provisions at the Formal Public Meeting for Council’s consideration. Council requested that staff further clarify the bonusing provisions proposed by the Applicant in the zoning by-law for 70 King Street North, in particular the duration of the community use.
Staff have further clarified the community benefits with the Applicant and have incorporated additional detail within the bonusing framework. The bonusing framework is contained in the in the site-specific zoning by-law amendment attached to IPPW2018-030.2 as Appendix ‘A’ (Policy 1.3, as highlighted). If Council is supportive of the clarified bonusing framework, the owner (HIP Developments Inc.) will enter into a Section 37 (Bonusing) Agreement with the City of Waterloo, consistent with the bonusing framework contained in the attached zoning by-law, to the satisfaction of the City’s Director of Planning Approvals and the City’s Director of Legal Services.
B. Financial Implications
Staff are not aware of any municipal financial implications with respect to the requested application. Should the application be appealed, potential costs related to a Local Planning Appeal Tribunal (LPAT) hearing may be incurred.
C. Technology Implications
None.
D. Legal Considerations
Staff did not seek legal advice.
E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development)
Official Plan Amendment 21 and Zoning By-law Amendment Z-18-02 support the City’s Strong Community and Economic Development objectives by creating a compact urban form through infilling, redevelopment, and adaptive re-use, and by capitalizing on higher-order transit (ION).
F. Previous Reports on this Topic
IPPW2018-030 and IPPW2018-030.1
Council Meeting Page 69 of 106 November 26, 2018 3 Integrated Planning & Public Works
G. Approvals
Name Signature Date Author: Wendy Fisher Director: Joel Cotter Commissioner: Cameron Rapp Finance: N/A CAO
Council Meeting Page 70 of 106 November 26, 2018 4 Integrated Planning & Public Works
APPENDIX ‘A’
Site Specific Zoning By-law Amendment
BY-LAW NO. 2018 –
BY-LAW TO AMEND BY-LAW NO. 2018-050, BEING A ZONING BY-LAW CONTROLLING LAND USE DEVELOPMENT WITHIN THE CITY OF WATERLOO (70 King Street North)
WHEREAS: i. By-law No. 2018-050 was passed by the Council of The Corporation of the City of Waterloo on September 10, 2018 subject to the provisions of the Planning Act, R.S.O 1990, c. P. 13, as amended (the “Act”), including approval by the Local Planning Appeal Tribunal if necessary.
ii. The Council of The Corporation of the City of Waterloo deems it desirable to amend By- law No. 2018-050 with respect to the lands identified on the attached Schedule ‘A’ in accordance with the provisions of this by-law.
iii. This by-law is subject to final approval of the relevant provisions of By-law No. 2018-050 and compliance with the Act.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO ENACTS AS FOLLOWS:
1. That By-law No. 2018-050 is hereby amended by changing the zoning on the lands known municipally as 70 King Street North as shown on Schedule ‘A’ attached hereto (hereinafter the “Lands”) from Zone Change Application (ZC) to:
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a.) for the portion of the Lands within 30 metres of King Street: (Holding) Uptown Commercial Core-16 ((H)U1-16)
b.) for the remainder of the Lands: (Holding) Uptown Commercial Core-81 ((H)U1-81), in By-law No. 2018-050.
2. That Schedule ‘C’ and Schedule ‘C1’ of By-law No 2018-050 is hereby amended by adding Exception C215 to the lands identified as 70 King Street North.
Site Specific Regulation:
2.1 The holding prefix (H) means the Lands are zoned as a “Holding Provision Area” for which the following applies:
2.1.1 Notwithstanding anything to the contrary, the Lands shall not be developed or used for any purpose, save and except a one-storey commercial building containing one or more non-SENSITIVE USES permitted in the Uptown Commercial Core (U1) zone, until the holding symbol is removed. 2.1.2 The holding symbol applied to the Lands shall not be removed until the owner has: a) provided written evidence, to the satisfaction of the REGION and the CITY, that a Record of Site Condition has been accepted by the Province of Ontario; b) demonstrated that the proposed development complies with the Ministry of the Environment, Conservation and Parks’ Environmental Noise Guideline NPC-300, to the satisfaction of the REGION and the CITY; c) provided a Hydrogeological Study Update, to the satisfaction of the REGION; d) provided a Loading Study to determine the loading and unloading requirements for visitors to the development on the Lands, and options to accommodate the required loading and unloading space(s), to the satisfaction of the CITY; e) executed an agreement pursuant to Section 37 of the Act for Zoning By-law Amendment Z-18-02, the form and content of which shall be to the satisfaction of the CITY; and,
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f) provided a Parking Study to determine the appropriate allocation of the parking spaces provided on the Lands that exceed the minimum requirements of the Uptown Commercial Core (U1) zone, to the satisfaction of the CITY.
2.2 Notwithstanding anything to the contrary, the following site-specific zoning provisions shall apply to the Lands:
2.2.1 Building Height: a) BUILDING HEIGHT (maximum) within 30 metres of King Street: 16 metres b) BUILDING HEIGHT (maximum) for the remainder of the Lands: 81 metres
2.2.2 Podium Height: a) PODIUM Height (maximum) within 20 metres of King Street: 4 storeys b) PODIUM Height (maximum) remainder of the Lands: 6 storeys
2.2.3 Tower Height: a) TOWER Height (maximum, including PODIUM) within 30 metres of King Street: 16 metres b) TOWER Height (maximum, including PODIUM) remainder of Lands: 81 metres
2.2.4 DENSITY (maximum): 750 bedrooms per hectare
2.3 Notwithstanding sections 2.2.1, 2.2.2, 2.2.3 and 2.2.4 herein:
Podium Height Increase A) The maximum PODIUM height permitted shall be: i.) within 20 metres of King Street: 23 metres and 4 storeys; ii.) remainder of the Lands: 26 metres and 6 storeys,
provided that the owner enters into a Section 37 Agreement with the CITY to provide an architectural podium (primarily comprised of a vertical undulating glass ribbon wall) with enhanced urban design and building materials, to create a landmark building, substantially consistent with the image below:
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Tower A: Height and Density Increase B) The maximum BUILDING height permitted within 30 metres of King Street shall be 46 metres and 11 storeys, and the maximum DENSITY permitted on the Lands shall be 856 bedrooms per hectare, provided that:
a) there shall be a minimum TOWER STEPBACK above the King Street PODIUM façade, including balconies, of 3 metres on average, and in no case less than 2 metres with one exception where the TOWER STEPBACK may be reduced to not less than 1.2 metres;
b) the owner enters into a Section 37 Agreement with the CITY to secure the following:
i. the owner shall lease a minimum 2,900 square metres of BUILDING FLOOR AREA to: (i.) a not-for-profit corporation or a registered charity that creates and curates S.T.E.A.M. (Science, Technology, Engineering, Arts and Math) programming, education and interaction to foster a culture of creativity, curiosity, collaboration, and hands-on learning in Waterloo for patrons of all ages; or (ii.) an alternative use agreed to by the CITY;
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ii. the majority of the lease space shall be in the PODIUM of the BUILDING and oriented towards King Street North; iii. the lease shall be not-for-profit, unless otherwise agreed to by the CITY; iv. the owner shall invest $8 to $10 Million to construct the lease space; v. the lease shall be for a period of not less than twenty (20) years from the date of occupancy, with three (3) subsequent five (5) year lease renewal periods offered by the owner; vi. the owner shall provide $200,000 in start-up funding and/or equivalent to support the not-for-profit corporation or a registered charity; vii. the owner shall provide $2,300,000 in operational funding for interior outfitting and/or expenses (such as rent); viii. the owner shall provide private art on the Lands with a minimum value of $400,000, in a location and design agreed upon by the CITY and the owner; ix. the owner shall make available a unit within the BUILDING, at grade and oriented to Regina Street North and/or Bridgeport Road East with a minimum floor area of 146 square metres, on a net rent free basis for a period of not less than twenty (20) years, to be used for any of the following purposes: • Business Incubator • Communication Production • Cultural Facilities • Educational Institution • Institution • Makerspace (Class A) • Private Club • Tech Office. The specific terms and conditions will be detailed in the Section 37 Agreement, to the satisfaction of the CITY.
2.4 Notwithstanding anything to the contrary, for Tower B as identified on Schedule ‘B’ attached hereto, there shall be a minimum TOWER STEPBACK above the Bridgeport Road East PODIUM façade, including balconies, of 3 metres, but in no case less than 1.5 metres. Notwithstanding the preceding, the single storey
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AMENITY AREA on Levels 12 and 13 identified as “Two Storey Amenity Space (Twelve & Thirteenth Storeys)” on Schedule ‘B’ attached hereto shall be excluded from the TOWER STEPBACK requirement.
2.5 Notwithstanding anything to the contrary, the minimum TOWER separation from the exterior face of the BUILDING, including balconies, shall be: a) 14 metres from a TOWER on the same LOT; b) 4.5 metres for Tower A as identified on Schedule ‘B’ attached hereto to an INTERIOR LOT LINE; c) 7.5 metres for Tower B as identified on Schedule ‘B’ attached hereto to an INTEIOR LOT LINE.
2.6 Notwithstanding anything to the contrary, the maximum horizontal TOWER dimension shall be 43.5 metres, excluding a single storey AMENITY AREA on Levels 12 and 13 identified as “Two Storey Amenity Space (Twelfth & Thirteenth Storeys)” on Schedule ‘B’ attached hereto.
2.7 Notwithstanding anything to the contrary, the maximum TOWER footprint shall be 1,045 square metres, excluding a single storey AMENITY AREA on Levels 12 and 13 identified as “Two Storey Amenity Space (Twelfth & Thirteenth Storeys)” on Schedule ‘B’ attached hereto.
2.8 Notwithstanding anything to the contrary, COMMON OUTDOOR AREA regulations shall not apply.
2.9 Notwithstanding anything to the contrary, the following USES shall be added to Section 8.1.22.a.) for the Lands only: • Service Room abutting the Regina Street building façade • Mail Room abutting the Regina Street building façade
2.10 Notwithstanding anything to the contrary, the minimum STREET LINE setback for the single storey AMENITY AREA on Levels 12 and 13 identified as “Two Storey Amenity Space (Twelfth & Thirteenth Storeys)” on Schedule ‘B’ attached hereto shall be 2 metres.
2.11 Notwithstanding anything to the contrary, the following motor vehicle parking regulations shall apply: a) For non-residential uses, including restaurants, a minimum of 1.5 spaces per 100 square metres of BUILDING FLOOR AREA shall be required.
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b) For residential uses, a minimum of 0.6 spaces per DWELLING UNIT shall be required. c) A minimum of 0.1 visitor spaces per DWELLING UNIT shall be required. d) A minimum of 294 vehicular parking spaces shall be provided.
2.12 Notwithstanding anything to the contrary, GEOTHERMAL WELLS shall be prohibited on the Lands.
Council Meeting Page 77 of 106 November 26, 2018 1 Integrated Planning & Public Works
STAFF REPORT Planning Approvals
Title: Exemptions Pursuant to 34(10.0.0.2) and 45(1.4) of the Planning Act Report Number: IPPW2018-068 Author: Joel Cotter Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: Z-16-01 Comprehensive Zoning By-law Review Attachments: Appendix A, B Ward No.: City Wide
Recommendations:
1. That IPPW2018-068 be approved.
2. That Council declare by resolution that subsection 34 (10.0.0.1) of the Planning Act shall not apply to the classes of zoning by-law amendment applications specified in Appendix ‘A’ of IPPW2018-068 pursuant to subsection 34 (10.0.0.2) of the Planning Act.
3. That Council declare by resolution that subsection 45 (1.3) of the Planning Act shall not apply to the classes of minor variance applications specified in Appendix ‘B’ of IPPW2018-068 pursuant
to subsection 45 (1.4) of the Planning Act.
A. Executive Summary Subsection 34 (10.0.0.1) of the Planning Act prohibits the submission of a zoning by-law amendment application for a period of two years following the passing of a comprehensive new zoning by-law (re: Waterloo Zoning By-law No. 2018-050, passed September 10, 2018), unless exempted by Council under subsection 34 (10.0.0.2).
Subsection 45 (1.3) of the Planning Act prohibits the submission of a minor variance application for a period of two years following the passing of a site specific zoning by-law amendment, unless exempted by Council under subsection 45 (1.4).
IPPW2018-068 sets out exemptions for Council’s consideration pursuant to subsection 34 (10.0.0.2) and subsection 45 (1.4) of the Planning Act.
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B. Financial Implications Planning Approvals’ operating budget is partially funded by development application revenues. If Council strictly applies subsection 34 (10.0.0.1) of the Planning Act, preventing the submission of zoning by-law amendment applications for two years, Planning Approvals will experience a short- term operating budget pressure. Operating budget impacts from the strict application of subsection 45 (1.3) would be minimal.
C. Technology Implications None.
D. Legal Considerations This report provides direction on exemptions pursuant to subsection 34 (10.0.0.2) of the Planning Act, R.S.O. 1990 c.P.13, and subsection 45 (1.4) of the Planning Act, R.S.O. 1990 c.P.13
E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development) Economic Development: bring forward a new comprehensive Zoning By-law.
F. Previous Reports on this Topic None.
G. Approvals Name Signature Date Author: Joel Cotter 11.21.2018
Director: Joel Cotter 11.21.2018
Commissioner: Cameron Rapp 11.21.2018
Finance: N/A
CAO
Council Meeting Page 79 of 106 November 26, 2018 3 Integrated Planning & Public Works
Exemptions Pursuant to 34(10.0.0.2) and 45(1.4) of the Planning Act
IPPW2018-068
SECTION 1 – Zoning By-law Amendment Applications
The City of Waterloo initiated a comprehensive Zoning By-law Review in 2015, which culminated in the passing of Zoning By-law No. 2018-050 on September 10, 2018. At the Formal Public Hearing for the new zoning by-law, Council heard from delegations who expressed concern and uncertainty with respect to subsection 34 (10.0.0.1) of the Planning Act, which prohibits the submission of zoning by- law amendment applications for a period of two years following the passing of Zoning By-law No. 2018-050 unless exempted by Council under 34 (10.0.0.2). The legislation reads:
Two-year period, no application for amendment 34.(10.0.0.1) If the council carries out the requirements of subsection 26 (9) by simultaneously repealing and replacing all the zoning by-laws in effect in the municipality, no person or public body shall submit an application for an amendment to any of the by-laws before the second anniversary of the day on which the council repeals and replaces them. 2015, c. 26, s. 26 (1).
Exception 34.(10.0.0.2) Subsection (10.0.0.1) does not apply in respect of an application if the council has declared by resolution that such an application is permitted, which resolution may be made in respect of a specific application, a class of applications or in respect of such applications generally. 2015, c. 26, s. 26 (2).
The intent of subsection 34 (10.0.0.1) is to recognize that it is generally not in the public interest to undertake zoning by-law amendments immediately following the enactment of a new Zoning By- law. The principles and intent of the new Zoning By-law should be adhered to, as the community’s current expression of good planning.
As briefly discussed in report IPPW2018-058.2, the new zoning by-law is a principle based city-wide by-law, and as such it will not capture every development concept, nor does it zone for unknown site constraints that may encumber a parcel of land. It may be necessary and appropriate to amend zoning due to site constraints, for innovation, in response to market shifts, to align with legislative changes, to tailor zoning to unusual parcel configurations, and to accommodate enhanced urban design.
Concurrent with its decision to pass Zoning By-law No. 2018-050, Council instructed staff to prepare a guidance document for Council’s consideration related to subsection 34 (10.0.0.2) of the Planning
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Act. Planning Approvals contacted local professional planners involved in the comprehensive Zoning By-law Review to secure their comments on subsection 34(10.0.0.1) and 34(10.0.0.2) in relation to Zoning By-law No. 2018-050. Comments were provided by: • Dryden Smith & Head Planning Consultants Ltd • Labreche Patterson & Associates Inc. • Mark L. Dorfman, Planner Inc. • GSP Group Comments ranged from exempting all applications to exempting certain classes of applications. Comments provided were considered by staff during the drafting of the exemptions set forth in Appendix ‘A’.
In staff’s opinion, the City should remain open to considering certain zoning by-law amendment applications during the two-year period established by subsection 34 (10.0.0.1), providing an exemption to certain classes of applications as set forth in Appendix ‘A’. For applications not captured under Appendix ‘A’, requests will be considered by Council on a case-by-case basis.
It should be noted that the exemptions listed in Appendix ‘A’ can be modified by Council resolution at any time during the two-year moratorium. Planning staff recognize Council’s desire for a modern zoning framework based on the City’s contemporary planning and urban design objectives, while remaining open for business from an economic development perspective. Planning staff will monitor the exemptions, and report back to Council if issues are identified.
It should also be noted that, notwithstanding the moratorium established by 34(10.0.0.1), minor variance applications may be submitted. Variances provide a mechanism to consider minor modifications to the regulations in the new Zoning By-law during the two-year moratorium
established by subsection 34 (10.0.0.1). Variance applications must meet the intent and purpose of the Official Plan and the Zoning By-law, be minor in nature, and be deemed desirable for the appropriate development or use of the lands, building or structure by the City’s Committee of Adjustment.
It is important to clearly indicate that Council’s decision to exempt specific classes of applications
and or individual applications pursuant to subsection 34 (10.0.0.2) shall not be construed or implied to mean that the City will support the application in whole or in part. The City will duly consider the application on its merits and will hear and consider all submissions thereto, and will make an appropriate determination with respect to such application after holding fair hearings and in accordance with the provisions of the Planning Act and the City’s planning instruments in effect, without regard to the exemption under subsection 34 (10.0.0.2).
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SECTION 2 – Minor Variance Applications Following Site Specific Zoning By-law Amendments
Subsection 45(1.3) of the Planning Act prohibits the submission of minor variance applications for a period of two years following the passing of a site specific zoning by-law amendment. The legislation reads:
When subs. (1.3) applies (1.2) Subsection (1.3) applies when a by-law is amended in response to an application by the owner of any land, building or structure affected by the by-law, or in response to an application by a person authorized in writing by the owner. 2015, c. 26, s. 29 (2).
Two-year period, no application for minor variance (1.3) Subject to subsection (1.4), no person shall apply for a minor variance from the provisions of the by- law in respect of the land, building or structure before the second anniversary of the day on which the by- law was amended. 2015, c. 26, s. 29 (2).
Exception (1.4) Subsection (1.3) does not apply in respect of an application if the council has declared by resolution that such an application is permitted, which resolution may be made in respect of a specific application, a class of applications or in respect of such applications generally. 2015, c. 26, s. 29 (2).
It is generally not in the public interest to permit minor variances immediately following a site specific zoning by-law amendment, so as not to undermine Council’s decision. Modifications to zoning should not be divided between applications under Section 341 and 452 of the Planning Act, but rather comprehensively considered under Section 34 for effective decision making and transparency. However, it may be necessary and appropriate to allow certain variance applications to be considered during the two-year moratorium established by subsection 45(1.3), to allow for minor zoning refinements as a result of: • changes to the Ontario Building Code • constraints resulting from detailed engineering design • constraints resulting from detailed utilities design • enhanced urban design and architecture determined through site plan control
1 Section 34 – Zoning By-law Amendments 2 Section 45 – Minor Variances
For minor variance applications not captured above, requests will be considered by Council on a case-by-case basis.
It is important to clearly indicate that Council’s decision to exempt specific classes of applications and or individual applications pursuant to subsection 45(1.4) shall not be construed or implied to mean that the City or the Committee of Adjustment will support the application in whole or in part. The Committee of Adjustment will duly consider the application on its merits and will hear and
Council Meeting Page 82 of 106 November 26, 2018 6 Integrated Planning & Public Works consider all submission thereto, and will make an appropriate determination in respect to such application after holding a fair hearing and in accordance with the provisions of the Planning Act and the City’s planning instruments in effect, without regard to the exemption under subsection 45(1.4).
SECTION 3 – Recommendations
1. That IPPW2018-068 be approved.
2. That Council declare by resolution that subsection 34 (10.0.0.1) of the Planning Act shall not apply to the classes of zoning by-law amendment applications specified in Appendix ‘A’ of
IPPW2018-068 pursuant to subsection 34 (10.0.0.2) of the Planning Act.
3. That Council declare by resolution that subsection 45 (1.3) of the Planning Act shall not apply to the classes of minor variance applications specified in Appendix ‘B’ of IPPW2018-068 pursuant to
subsection 45 (1.4) of the Planning Act.
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APPENDIX A
CLASSES OF APPLICATIONS WAIVED PER SS.34 (10.0.0.2)
Pursuant to subsection 34 (10.0.0.2) of the Planning Act, the following zoning by-law amendment applications shall be exempt from subsection 34 (10.0.0.1) of the Planning Act provided such applications are consistent with the Provincial Policy Statement 2014 and conform to or are not in conflict with the Growth Plan for the Greater Golden Horseshoe 2017 and or the Region of Waterloo Official Plan:
1. Zoning By-law Amendment application in the following geographic areas that align with applicable planning policies applied to such areas:
a. Uptown Waterloo Urban Growth Centre b. Major Transit Station Areas c. Employment areas
2. Zoning By-law Amendment application to tailor zoning regulations to a:
a. irregular land parcel configuration b. grading constraint c. groundwater or surface water constraint
3. Zoning By-law Amendment application for a parcel of land zoned:
a. Future Determination (FD) on Schedule ‘A’ of By-law No. 2018-050 b. Zone Change Application (ZC) on Schedule ‘A’ of By-law No. 2018-050
4. Zoning By-law Amendment application, the primary purpose of which is to:
a. create affordable housing b. conserve cultural heritage resources c. protect natural resources and or systems
5. Zoning By-law Amendment application initiated by:
a. City of Waterloo b. Region of Waterloo c. School Board, University, or College
6. Zoning By-law Amendment application in conjunction with a corresponding Official Plan Amendment application.
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7. Zoning By-law Amendment application in conjunction with a corresponding Draft Plan of Subdivision application.
8. Zoning By-law Amendment application pursuant to subsection 34 (10) of the Planning Act for legal non-conforming lands, buildings or structures:
34(10) Despite any other provision of this section, any by-law passed under this section or a predecessor of this section may be amended so as to permit the extension or enlargement of any land, building or structure used for any purpose prohibited by the by-law if such land, building or structure continues to be used in the same manner and for the same purpose as it was used on the day such by-law was passed. R.S.O. 1990, c. P.13, s. 34 (10).
9. Zoning By-law Amendment application pursuant to Section 36 of the Planning Act to remove a holding symbol applied to a parcel of land, building or structure.
10. Zoning By-law Amendment application pursuant to Section 37 of the Planning Act to increase height and or density in return for the provision of facilities, services and or matters that benefit the community (re: bonusing).
11. Zoning By-law Amendment application pursuant to Section 38 of the Planning Act for Interim Control By-laws.
12. Zoning By-law Amendment application pursuant to Section 39 of the Planning Act for Temporary Use By-laws.
13. Zoning By-law Amendment application in response to changes to the Ontario Building Code.
14. Zoning By-law Amendment application where the Official Plan specifies that one or more uses may be permitted subject to a Zoning By-law Amendment.
Notwithstanding anything to the contrary herein, no exemption shall be granted under subsection
34 (10.0.0.2) to an application to amend a tower separation, tower dimension, tower footprint, and or tower stepback regulation unless such amendment is minor and maintains the planned intent of such regulations, as determined by the City’s Director of Planning.
The administration of the above exemptions and any determination thereto is hereby delegated to the City’s Director of Planning.
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APPENDIX B
CLASSES OF APPLICATIONS WAIVED PER SS.45 (1.4)
Pursuant to subsection 45 (1.4) of the Planning Act, the following minor variance applications shall be exempt from subsection 45 (1.3) of the Planning Act:
1. Variance application in response to changes to the Ontario Building Code.
2. Variance application in response to an unforeseen engineering constraint determined through detailed engineering design.
3. Variance application in response to an unforeseen utilities constraint determined through detailed design.
4. Variance application to enhance the urban design and or architecture of a development, building or structure as determined through site plan control.
The administration of the above exemptions and any determination thereto is hereby delegated to the City’s Director of Planning.
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STAFF REPORT Transportation Services
Title: Traffic and Parking Bylaw Amendment – Various Locations Report Number: IPPW2018-066 Author: Christine Koehler Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: Traffic – By-law Amendments Attachments: Maps (1 page) Ward No.: Wards 6 and 7
Recommendation:
1. That IPPW2018-066 be approved.
2. That Traffic and Parking By-law #08-077 be updated with the amendments contained herein.
A. Executive Summary Based on changes to the functions of various streets, changes are required to the traffic and parking by-law.
Spruce Street – with the changes to the width of the street, on-street parking will be a challenge for winter maintenance. On-street parking on the west side of the street will be restricted from December 1 to March 31.
Albert Street – with the reconstruction on Albert Street, the addition of a “contra-flow” bike lane on the west side of the street requires a change to the reserved lane portion of the by-law. Cyclists will be allowed to ride against traffic (southbound) on the one-way portion of Albert Street between Bridgeport Road and Erb Street.
B. Financial Implications The signage changes on Spruce Street will be funded from the transportation operations budget at an approximate cost of $300. The changes on Albert Street will be funded from the project.
C. Technology Implications There are no technology implications with this report.
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D. Legal Considerations Staff did not seek legal advice.
Based on the recommendations within this report, changes to the Traffic and Parking By-law #08-077 are required. In turn, these recommendations are enforceable under the Highway Traffic Act.
E. Link to Strategic Plan/Economic Vitality (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development)
This report supports one of the key priorities from the City’s Strategic Plan: Strong Community
F. Previous Reports on this Topic Reports for By-law Amendments are generated on an as needed basis.
G. Approvals Name Signature Date
Author: Christine Koehler Director: Christine Koehler Commissioner: Cameron Rapp Finance: Keshwer Patel
CAO
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Traffic and Parking Bylaw Amendment – Various Locations IPPW2018-066
ANALYSIS AND COMMENTS
Section 1 – Background
1. Spruce Street - Ward 6
As part of the reconstruction of Spruce Street, the pavement width was narrowed. Currently, there is no parking anytime on the east side of the street and 3 hour parking on the west side of the street in the section from Hickory Street to Columbia Street.
With the narrowed pavement width, snow clearing equipment will not be able to safely move along the street during the winter months. For this reason, we are recommending that on-street parking on the west side of the street be restricted from December 1 to March 31. There are numerous streets within the city that have winter restrictions based on the roadway characteristics.
Staff will be reviewing snow clearing operations within the Northdale neighbourhood as additional roads are reconstructed.
Map 1 indicates the location of the street. Changes to the “No Parking” schedule of the Traffic and Parking By-law are required to implement these changes.
2. Albert Street – Ward 7
The reconstruction of Albert Street has resulted in a “contra-flow” bike lane being implemented. Cyclists will be allowed to travel southbound on the west side of Albert Street in a protected lane from Bridgeport Road to Erb Street. Motor vehicles will still be travelling northbound on Albert Street between Erb Street and Bridgeport Road.
The contra-flow bike lane for vehicles travelling southbound is balanced with a shared lane for cyclists heading northbound.
Map 2 indicates the location of the new reserved lane. Changes to the “Reserved Lane” schedule of the Traffic and Parking By-law are required to implement these changes.
Section 2 - By-law Changes
The following changes are required to the Traffic and Parking By-law #08-077.
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ADD Schedule “1”, Part V, Section 4, No Parking
Highway Side From To Times/Days Spruce Street West Hickory Street Columbia Street Anytime (Dec. 1 – Mar 31)
ADD Schedule “22”, Part XIX, Reserved Lanes
On Highway From To Albert Street Bridgeport Road Erb Street (southbound)
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STAFF REPORT Chief Administrative Officer
Title: CAO2018-027 Kitchener-Waterloo Joint Service Initiatives Committee Update Report Number: CAO2018-027 Author: Adam Lauder Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: N/A Attachments: N/A Ward No.: All Wards - City Wide
Recommendation:
1. That Council receives CAO2018-027 as information.
A. Executive Summary
This report is intended to provide Council with an update on the 2017-2018 Kitchener-Waterloo Joint Service Initiatives undertaken and summarizes the projects that have been prioritized for collaboration in 2018-2019 by the Joint Service Initiatives Committee at the June 13, 2018 annual meeting.
B. Financial Implications
There are no financial implications associated with this progress report.
C. Technology Implications
There are no technology implications associated with this report.
D. Legal Considerations
Staff did not seek legal advice.
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E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development)
Corporate Excellence – strive for continued improvement of customer service through the reinvigoration of joint service initiatives with local municipalities
F. Previous Reports on this Topic
CAO2006-002 – Shared Services – Program Review and Update CAO2017-029 - Kitchener-Waterloo Joint Service Initiatives Committee Update
G. Approvals
Name Signature Date Author: Adam Lauder Director: N/A Commissioner: N/A Finance: N/A CAO
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CAO2018-027 Kitchener-Waterloo Joint Service Initiatives Committee Update CAO2018-027
Section #1 – Background
The cities of Kitchener and Waterloo have an established history of undertaking cooperative initiatives on an ad hoc basis. A formalized approach to joint initiatives was put in place and named the Kitchener-Waterloo Joint Services Initiatives Committee (JSIC) in 2006. Since then the two cities have worked closely to identify common services and look at ways to streamline them to benefit residents in both cities; maximize the effectiveness and efficiency of resources and service delivery; identify and complete strategic joint initiatives; and learn from one another’s best practices.
An annual program of joint projects are identified which align to three basic principles: Accessibility: Each service and program must be citizen-focused; residents in both cities must be able to understand the purpose of the project - and the benefits provided. Accountability: Each project must represent the needs of both communities and clearly identify areas of responsibility. Affordability: Each project must maximize cost efficiencies where possible, without sacrificing the benefits to residents.
Annual initiatives are identified in June of each year, to span through to the following June. Input is sought from both municipalities on project opportunities, which are scoped with preliminary activities for the 12-month period. Opportunities are reviewed and discussed at the annual meeting of the JSIC, which is made up of the CAOs and senior leadership teams for each city. The JSIC considers the following criteria in setting the priority joint initiatives for the upcoming year: Enhances the ability of either city to deliver or develop a service or program outside of its resources, Creates service-level improvements, while either maintaining costs or producing future savings opportunities, Provides operational and/or capital opportunities, and/or Features best practices of both organizations.
This report provides Council with an update on recent and upcoming initiatives.
Section #2 - 2017-2018 Initiative Highlights
Sanitary Sewer Rebate Program: The goal of this initiative was to collaborate on reforming sanitary sewer rebate programs in both municipalities, and work toward
Council Meeting Page 93 of 106 November 26, 2018 4 Chief Administrative Officer consistent practices regarding eligibility criteria, methods for verifying rebates volumes, and potentially reduce operational support to monitor programs for each City. Coordinated changes to new programs to ensure consistency, harmonized the rebate programs, and agreed on a consistent 2019 start date to avoid disruption during 2018. Consistently communicated the new program to internal staff and external customers of both cities. Planned feedback review and process debrief for late 2018 to identify lessons learned.
Stormwater Management Design and Operations: This initiative looked at opportunities to sustain our collectively leadership role in this ever-evolving industry, through collaborating on stormwater issues, particularity around flood risk mitigation, climate change adaptation, communication, emergency preparedness and contract services. Information sharing is occurring and established regular quarterly meetings will be moving forward. Communication and education strategies have been discussed, mostly related to the SWM credit program. Key areas of interest for coordination have been established, including Stormwater Master Plan implementation, disaster mitigation, Low Impact Design controls for site plan development and for municipal properties/activities, credit programs, and customer communication strategies.
Election Equipment/Services: In preparation for the 2018 municipal election, collaborate to achieve cost-effective procurement on election equipment and services, including laptops, printing, and voter notification cards (any election equipment/services already contracted such as tabulators were excluded). Secured laptops, scanners and LTE (high speed wireless) through Elections Ontario’s Voting Technology Sharing Program, realizing a savings of approximately $10,000 for that equipment. Arranged rental of tabulators through Elections Ontario, resulting in a savings of approximately $7,200 rather than renting direct from the vendor (Dominion).
Assessment Management: This initiative focused on identifying methods to review and inspect vacancy applications, and seek ways to improve the flow of information from Municipal Property Assessment Corporation (MPAC) to ensure property assessments are accurate and fairly captured in our growing communities. It was determined there was sufficient assessment-related work in Kitchener to require dedicated positions; 2 positions have been established and filled. Waterloo has contracted with an external company to assist with assessment management, including access to specialized software and to represent their interests at Assessment Review Board hearings Both municipalities will discuss and share practices on an ongoing basis, and propose formal shared assessment management initiatives in the future should an opportunity arise.
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Section #3 - 2018-2019 Joint Service Initiatives Underway
Speed Limit Review: Both Cities, along with other regional partners are undertaking a review of the uniform speed limit of 50km/hour. This review will evaluate benefit and feasibility of reducing the uniform speed limit to 40km/hour in an effort to enhance roadway safety.
Investigation of New Stormwater Grant Program – Private Stormwater Enhancement: Investigate the potential for a new stormwater grant for private property owners. The potential grant would enable private property owners to enhance stormwater management on their properties, reducing runoff to municipal systems.
Joint Promotion of Stormwater Management ‘Bloom in a Box’ Program: This program provides a $40 grant to homeowners toward their purchase of a naturalization kit for a landscaped area, with the goal of reducing stormwater runoff to municipal systems. Along with the potential grant noted above, this initiative will further Kitchener and Waterloo’s leadership role in stormwater management, dating back to the 2011 creation of our respective utilities.
Inclusionary Zoning – Affordable Housing: Assess the impact of Provincial legislation requiring the inclusion of affordable housing units in new residential development projects, and the option for municipalities to implement such zoning. The assessment will include exploring opportunities to combine resources to conduct a study and implement Inclusionary Zoning, since based on staff’s understanding of the enacted legislation, significant staff capacity is required to generate data and prepare a municipal assessment report as a precursor to implementing Inclusionary Zoning. Pending possible changes to the legislation, long-term resource/cost sharing may be required to develop, implement and report on new zoning provisions.
Corporate Fleet Training & Best Practice Information Sharing: Kitchener’s fleet operation was awarded the top mid-sized fleet in North America by the 2018 Government Fleet Expo. Sharing best practices between the two cities will be done with the goal to ensure consistency in corporate fleet training programs, including a potential “train the trainer” approach.
Sidewalk and Road Inspection Programs: Develop a shared program for annual inspections programs for sidewalks and road right-of-ways. Based on changes to maintenance standards, the need for enhanced inspection programs is increasing above the current pavement condition inspection program conducted every other year. More frequent inspections will identify condition issues sooner, establish resource requirements to address, and minimize risks.
Explore ‘Where’s My Plow’ App Using Existing GPS Systems: There is a growing desire by residents for real-time access to information including knowing where the plows are and when their street will be plowed. This initiative will explore the cost and risks to
Council Meeting Page 95 of 106 November 26, 2018 6 Chief Administrative Officer implement a ‘Where’s My Plow’ app and investigate the opportunity to leverage the Digital Kitchener Innovation Lab / Communitech’s Data Hub in Uptown Waterloo.
Section #4 - Opportunities for Broader Collaboration
Recognizing the merits of broader collaboration the JSIC is committed to including other area municipalities as project partners, where applicable. While the work of the JSIC focuses specifically on “local-local” Kitchener-Waterloo initiatives (initiatives within the jurisdiction for lower tier municipalities), there is also interest to pursue “local-regional” initiatives that overlap lower tier and upper tier jurisdiction. The JSIC has identified that the most appropriate channel to pursue these opportunities is in collaboration with the areas CAOs, who discuss region-wide opportunities as part of their regular meetings.
Recent examples of local-regional initiatives include:
Smart Cities Phase 1 Expression of Interest: Earlier this year, the Region and local municipalities submitted a Phase 1 Expression of Interest to Infrastructure Canada’s Smart Cities Challenge, which encourages new technology or data opportunities can improve local quality of life. With a combined population of over 500,000 Waterloo Region was eligible to compete for a $50 million prize; our submission focused on healthy children and youth was successful. Identifying a solution(s) to this challenge statement will be the focus of the phase 2 application later in 2018/early 2019.
WREPNet Network Upgrade: The Waterloo Region Education and Public Network (WREPNet) is a long-standing partnership providing a shared high-speed fibre optic network to local municipalities, the Region of Waterloo, school boards, public libraries, Conestoga College and other local organizations. Over the summer, equipment supporting this valued network was upgraded with minimal impact to users. This upgrade positions the partnership to continue to enjoy reliable, fast and affordable network connectivity into the next decade.
Section #5 - Ongoing Communications
Both cities maintain up-to-date information about current shared services as well as upcoming joint projects on the respective websites, Kitchener.ca/jointservices and Waterloo.ca/jointservices.
As part of both city’s communications planning protocol, when a project is of a joint nature, this is clearly reinforced in all external communications to residents, local media and stakeholders along with emphasis on the inherent benefits of working together.
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STAFF REPORT Chief Administrative Officer
Title: 2018 Northdale/ IBM Smarter Cities Update Report Number: CAO 2018- 026 Author: Scott Nevin Meeting Type: Council Meeting Council/Committee Date: November 26, 2018 File: 39T Attachments: Appendix A: IBM Recommendations Ward No.: Central-Columbia Ward 6
Recommendation:
That Council receive this report as information.
A. Executive Summary
This report is the fourth update outlining the City of Waterloo’s progress in achieving the Northdale Plan and implementing recommendations from the IBM Smarter Cities Challenge report.
B. Financial Implications None.
C. Technology Implications
There are no technology implications associated with this report.
D. Legal Considerations
There are no legal implications associated with this report.
E. Link to Strategic Plan (Strategic Priorities: Multi-modal Transportation, Infrastructure Renewal, Strong Community, Environmental Leadership, Corporate Excellence, Economic Development) Strong Community: • Build stronger relationships with post-secondary student populations to facilitate integration with the broader community • Implement high priority initiatives in Northdale
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F. Previous Reports on this Topic COM2013-012 IBM Smarter Cities Engagement COM2014-014 Stakeholder Relationship Manager Funding CAO2015-013 Stakeholder Relationships Manager – Northdale Update CAO2016-007 Northdale/ IBM Smarter Cities Update CAO2017-031 2017 Northdale/ IBM Smarter Cities Update
G. Approvals
Name Signature Date Author: Director: Commissioner: Finance: CAO
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2018 Northdale/ IBM Smarter Cities Update CAO 2018- 026 1. Introduction In 2012, the Northdale vision was approved by Council: By 2031, Northdale is revitalized and reurbanized into a diverse, vibrant, and sustainable neighbourhood, integrated with educational, residential, commercial, cultural, heritage and recreational functions, and improved open space, pedestrian, cycling and transit networks. The vision was accompanied by a number of Council-approved documents: ● the Northdale Land Use and Community Improvement Study – Final Report (the “Northdale Plan”), including Official Plan and Zoning By-law amendments; ● the Northdale Community Improvement Plan (CIP); and ● the Northdale Urban Design and Built Form Guidelines.
In March 2014, the IBM Smarter Cities Challenge report to the City of Waterloo identified 14 recommendations and several key initiatives to ensure the City is able to achieve the Northdale Plan and reposition the Northdale neighbourhood. This report is the fourth annual update of efforts to achieve the Plan.
2. IBM Smarter Cities Reporting
The IBM Smarter Cities Challenge report details 14 recommendations, across three pillars:
1. Define vision leadership agenda This is being accomplished primarily through: • an on-going executive-level dialogue (the Executive Alliance) between the Mayor and the presidents of Wilfrid Laurier University (WLU), the University of Waterloo (UW) and Conestoga College (CC) to support the City’s future with a focus on the Northdale Plan and other key initiatives; and • appointment of a Stakeholder Relations Manager to carry forward the vision of the Executive Alliance and other initiatives.
In 2018 the Executive Alliance met to discuss areas of collective interest, including: • Police perspectives on neighbourhood issues/trends • International Students; and • the University Avenue Gateway project
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2. Create implementation plan and project management culture This is being accomplished through: • building and launching the Northdale program (consisting of projects and other initiatives); and • the establishment of a program and project management coordinating mechanism to mitigate risk and increase collaboration and project success.
3. Innovate by identifying key initiatives and priorities This is being accomplished through: • selecting and prioritizing quick wins to generate and reinforce positive momentum in Northdale.
Since late 2014, the City has had a Stakeholder Relations Manager (Sheldon Pereira: late 2014 to late 2016) and Scott Nevin (early 2016 to Fall 2018) to advance the Northdale Plan and 3 pillars of the IBM report.
Since the last annual reporting, the SRM has: ● engaged with various Northdale-related stakeholders, including representatives from Conestoga College, UW, WLU, developers, community organizations, members of Council and City staff; ● continued to work with Conestoga College, UW and WLU representatives to support the Executive Alliance, strengthen relationships and streamline communications and efforts; ● worked with WLU through CityStudio to support Northdale initiatives; and ● worked with WLU and the Waterloo Region District School Board to undertake the second phase of planning for the WCI/ WLU lands on Hazel Street.
3. Northdale Success Highlights
As previously reported, progress has been made across most of the recommendations of the IBM Report (see Appendix A). In particular, the Executive Alliance is operating, the SRM position has supported various relationships and initiatives and City staff are supporting the implementation of the Northdale Program.
Project Management IBM recommended that the City enhance project management at the City. This year Engineering and Construction Services completed a Project Management Manual for application across all divisions in the City, with rollout and training getting underway. This will help build the City’s capacity for effectively delivering various projects.
Branding The original IBM study recommended the development of a unique “brand” of what Northdale will become, namely a progressive innovation district or hub that attracts the creative class and new economic investment and a preferred destination where people can live, learn, work, play and stay.
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The recommendation was formulated in 2013 and since then there has been an influx of investment, people and a variety of uses in the Northdale area. City staff are of the opinion that developing a brand unique to Northdale is not integral to Northdale’s success. Also, the University Avenue Gateway project is identifying ways to make the broader area more attractive and recognizable, emphasizing the sense of learning, discovery, innovation and entrepreneurship related to this area. Staff believe we should focus on supporting the positives related to Northdale and the surrounding area and on continuing to invest in Northdale via streetscape and park improvements and collaborations, as appropriate, rather than undertake what could be a costly branding exercise.
WCI Northdale Community Hub Feasibility Study In July 2015, Council supported the initiation of a Feasibility Study for the Waterloo Collegiate Institute (WCI) lands owned by the School Board (WRDSB) and adjacent WLU lands on Hazel Street in Northdale. The first phase of the Study was completed in 2016 (with the City contributing $100,000 to the total costs) and recommended a Community Hub model which would include, as key components: • a new and modernized WCI; • an integrated performance venue; • a health & wellness component; • playing fields and open space; and • limited supporting retail/ service uses.
The project is seen as having significant potential in Northdale’s transformation and fits as a “momentum-building ecosystem project envisaged by IBM.” Through the second phase of the feasibility study (including a City contribution of up to $25,000) the parties are refining the vision, with a strong neighbourhood focus, including: 1. a Neighbourhood Commons 2. WCI Learning/ Academic Spaces in a new/ revamped & AODA- compliant school 3. WCI Arts and Indoor Athletics – centred around potentially retained and rehabilitated WCI auditorium and gyms 4. Laurier Community Engaged Research Programs and Student Experiences 5. Outdoor Athletics (Programmed and Unstructured) and greenspace
The parties anticipate seeking approvals to undertake Master Planning through 2019, with additional engagement with other groups that may be interested in being programming partners.
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Development Highlights Development activity has slowed in Northdale: st • January 1 to end of June 2018: 3 building permits issued for 279 units totaling 289 beds in Northdale • 2012 to 2017 average was 1500 beds per year in Northdale
The slowing of activity is supported by the Town and Gown Student Housing Working Group’s 2017 analysis of student housing supply and demand which showed, with some data limitations, a surplus of approximately 1100 student focussed beds in Waterloo as of the end of 2016. 1100 beds represents a vacancy of about 4%, assuming the off-campus supply is approximately 24,500 beds.
Commercial uses in Northdale include multiple restaurants, coffee/ tea shops, a convenience store, medical clinic, and personal services.
Importantly, the average number of bedrooms per unit for units issued a building permit in 2018 is 1.03, very much reduced from several years ago where 4 and 5 bedrooms per unit was the norm. Increasing the range of living accommodation types in Northdale remains a goal. It is a key component of the Northdale vison to attract people other than students to the neighbourhood, although it is recognised that students will be predominant. It is difficult to ascertain the percentage of units occupied by people other than students, however, staff have been advised by several major property owners that they have been successful at attracting non-students into Northdale neighbourhood.
Active Transportation Connections and Parkland The Northdale Plan identified the importance of achieving a strong off-street active transportation network and the City continues to negotiate linkages (see map below) as part of the review of development applications. Additional linkages will be pursued through the review of future applications.
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Parkland The Northdale Plan promotes increasing the amount of parkland in the neighbourhood To-date, the City has purchased 6 properties (3 at Hickory Street West and Sunview and 3 at Hickory and Hemlock), investing over $3 Million for parkland. Park designs will be initiated shortly via Environment and Parks. The design phase will include extensive public consultation, social media outreach and stakeholder engagement. Total project funding for design and construction is $3.68 Million, per the 2017-2018 Approved Capital Budget and 2019- 2026 Capital Forecast.
Additionally, the Northdale Plan highlights a goal of retaining a significant amount of accessible open space on the WCI lands should they redevelop and this continues to be considered through the WCI / WLU project.
Streetscape Masterplan Project The Northdale Plan envisioned a neighbourhood with a greater focus on improved open space and pedestrian and cyclist networks and, to this end, the Northdale Streetscape Master Plan and Environmental Assessment (EA) was completed in early 2017. The project developed detailed street cross-sections to implement the City’s vision for neighbourhood streets. Spruce Street and a portion of Hickory Street have now been completed to help make Northdale more pedestrian and cyclist- friendly. Larch Street’s detailed design is planned for 2019 with re-construction to follow. The City’s existing Capital Budget and Forecast substantial funding for Northdale streets over the next 10 years.
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Quality of Life Initiatives IBM suggested the City could do more to enhance quality of life for students, including proactively fostering and supporting off-campus student-centric events. This is an area of focus for the City. Community Services staff have made the inclusion of students a priority in the development of the City’s Neighbourhood Strategy and representatives from both universities and the College participated in the Strategy development. As well, representatives of the two universities’ student associations are actively engaged in Town and Gown.
The City and the University of Waterloo and Wilfrid Laurier University are considering collaborating through the 2019 National Collegiate Health Assessment survey to better understand local student’ needs and experiences. As well, for 2019 the City will be focusing our artist-in residence program on the Northdale neighbourhood, with a goal of engaging area residents
CityStudio CityStudio is an innovation-hub collaboration between WLU and the City whereby University students and faculty and City staff can collaborate and focus on community issues and opportunities, with a view to achieving aspects of the City’s Strategic Plan. CityStudio grew out of WLU’s desire to support the community, while providing an innovative learning opportunity. City and WLU staff intend to develop a new Memorandum of Understanding, recognizing the success of the original CityStudio pilot. Additional collaborations will be identified for the Winter 2019 school term, with Northdale initiatives of interest to City staff.
University Avenue Gateway Project
The City, Region, UW, WLU and Conestoga College are collaborating on a jointly-funded project to identify a public realm vision that can be implemented over time highlighting University Avenue as a gateway, emphasizing the sense of learning, discovery, innovation and entrepreneurship related to this area. This project was identified as a priority by the Executive Alliance.
Future Improvements to University Avenue could:
• significantly enhance place-making along the corridor; • visually and physically connect all 3 educational institutions; • build on the globally-recognized and unique brand for the area; and • enhance City gateway aesthetics
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The project is proceeding, with a public open house to consider potential gateway initiatives to be announced shortly.
Northdale and Area Community Wellness Initiative As reported previously, the City and universities, along with the Waterloo Regional Police Services (WRPS) and EMS analyzed existing data to understand the neighbourhoods’ “wellness” based on calls for service data. Subsequently, a Town and Gown subcommittee is considering opportunities for supporting students’ mental health needs more effectively.
4. Conclusion and Next Steps
We continue to see positive strides in achieving the Northdale Plan and implementing the recommendations of the IBM Smarter Cities Challenge. Northdale continues to evolve, with a mix of residential building types and unit types and a variety of commercial uses have been established. Streetscapes are being enhanced, the City has invested significantly in parkland purchase with design and construction to follow and pedestrian connections have been achieved. City staff and external stakeholders will continue the momentum and will focus on, amongst other things: • considering opportunities to support students health and wellness; • pursuing the WLU/ WCI Feasibility Study opportunity; • completing the University Avenue Gateways project; • continuing to engage the university community in the Neighbourhood Strategy implementation; • implementing the Northdale Streetscape Master Plan; • focussing the 2019 artist-in-residence program on Northdale; and • completing the design and construction of the 2 new Northdale parks.
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Appendix A: IBM Recommendations Recommendation Status Delivered via
1 Establish an Executive Alliance On-going SRM
Completed 2 Appoint a Stakeholder Relationships CAO’s Office Manager
Establish a team that aligns the City to Completed 3 Program Management the Northdale vision Strategy
Develop and execute a brand strategy On-hold 4 Communications
Complete the transition for the City In progress 5 Program Management project management office Strategy
Drive a project management culture In progress 6 Program Management with continuous improvement Strategy
Launch the Northdale program In progress 7 Program Management Strategy
8 Initiate a portfolio management process In progress Program Management Strategy
9 Institute a professional development In progress CAO’S Office program
1 Select and prioritize quick wins specific to In progress SRM 0 the Northdale plan
1 Select and prioritize collaborative projects In progress SRM 1 between Universities and City
1 Select and prioritize collaborative projects Components in Economic Development 2 between businesses and City progress
1 Select and prioritize collaborative projects In progress SRM 3 between Region and City
1 Select and prioritize a set of momentum In progress SRM 4 building ecosystem projects
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