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HomeMy WebLinkAboutCIS Agenda - 2018-01-08Community &Infrastructure Services Committee Agenda Monday, January 8, 2018 1:00 p.m. - 3:00 p.m. Office of the City Clerk Council Chamber Kitchener City Hall nd 200 King St. W. - 2 Floor Kitchener ON N2G 4G7 Page 1 Chair - Councillor K. Galloway-Sealock Vice-Chair - Councillor S. Marsh The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 1. CSD-18-001 - 2018 Grand River Accessibility Advisory Committee (GRAAC) Appointments 2. CSD-18-002 - 2018 Neighbourhood Association Affiliations 3. CSD-18-003 - Zone Change Removal of Holding Provision - ZC17/016/D/CD - 62 Daniel Avenue - Lara and Milan Kovacevic 4. CSD-17-102 - Performance Securities Policy Review - Deferred from the December 4, 2017 Committee meeting -law, delegations are permitted to address the Committee for a maximum of 5 minutes. None 5. CAO-17-026 - Community Engagement Policy (45 min) - Deferred from the December 4, 2017 Committee meeting (Staff will provide a 5 minute presentation on this matter) 6. CSD-17-104 - Noise Exemption - Ever After Music Festival (45 min) - 425 Bingemans Centre Drive - June 8 - 10, 2018 Unfinished Business Lists Dianna Saunderson Committee Administrator ** Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** REPORT TO: Community & Infrastructure Services Committee DATE OF MEETING: January 8, 2018 SUBMITTED BY: Mark Hildebrand, Director Community Programs and Services, 519-741-2200 ext.7687 PREPARED BY: Lolita Paroski, Inclusion Coordinator, 519-741-2200ext. 7226 WARD(S) INVOLVED: All DATE OF REPORT: November 20, 2017 REPORT NO.: CSD-18-001 SUBJECT: Appointments to the Grand River Accessibility Advisory Committee (2018) ___________________________________________________________________ RECOMMENDATION: That the following applicants be appointed to the Grand River Accessibility Advisory Committee for a 4-year term ending December 31, 2021, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot and Township of Woolwich; and further, That Andrew Tutty, Mike Shipley and Brenda Robinson be reappointed for an additional year ending December 31, 2018. NameLocation New or Reappointment BenBenningerTownship of North DumfriesNew Rhonda-Marie ParkeCity of KitchenerNew Staff Representation Independent Living Centre of New Waterloo Region Sharon Giles City of KitchenerReappointment Dawn ClellandCity of KitchenerReappointment BACKGROUND: Under the requirements of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), all municipalities with a population of 10,000 or greater are required to establish an Accessibility Advisory Committee to advise Council on the prevention, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 identification and removal of barriers for persons with disabilities. The Grand River Accessibility Committee (GRAAC) is a joint committee of the Cities of Kitchener and Waterloo, the Region of Waterloo and the Townships of North Dumfries, Wellesley, Wilmot and Woolwich and is appointed the task of advising the participating municipalities on accessibility planning. REPORT: The Terms of Reference of GRAAC were adopted by Council in 2003. In April 2015, revisions were made to the Terms of Reference to permit representation from the Township of Wilmot and to change the length of terms from 3 years to 4. In order to align all GRAAC members on the same appointment term three members are being recommended for reappointment for one additional year. The Terms of Reference of GRAAC specify that the Committee will consist of 11 to 15 members of which a majority must be persons with a disability. Recruitment for GRAAC is conducted in the fall with members beginning their 4 year terms in January. A selection committee of staff representing the participating municipalities reviewed the applications. Recommendations for membership are based on consideration of the Terms of Reference as well as fair representation from participating municipalities and various disability groups. Pending ratification by each of the participating municipalities, staff is recommending that the persons noted above be appointed by the City of Kitchener. The proposed 2018 committee will have a total of fifteen members. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Safe and Thriving Neighbourhoods This committee provides persons with disabilities the opportunity to discuss, define and address their shared vision in regards to the identification, removal and prevention of barriers in City facilities, programs and services. Consulting with persons with disabilities in an advisory role increases the capacity of the City to ensure a greater degree of access, equity and inclusion in the life of the Corporation. FINANCIAL IMPLICATIONS: NIL COMMUNITY ENGAGEMENT: The community was informed of the opportunity to participate on the Grand River Accessibility Advisory Committee (GRAAC) by way of electronic postings on all 1 - 2 media feeds. ACKNOWLEDGED BY:Michael May, DCAO, Community Services 1 - 3 REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: January 8, 2018 SUBMITTED BY: Mark Hildebrand, Director, Community Programs and Services, 519-741-2200 ext 7687 PREPARED BY: Steve Roth, Manager, Community Centres, 519-741-2200 ext 7077 WARD(S) INVOLVED: All DATE OF REPORT: December 7, 2017 REPORT NO.: CSD-18-002 SUBJECT: Neighbourhood Association Affiliation 2018 ____________________________________________________________________________ RECOMMENDATION: That the list of proposed Neighbourhood Associations, as attached to Community Services Department report CSD-18-002, be approved for affiliation for the year 2018 BACKGROUND: In July 2002, Kitchener City Council approved the introduction of an Affiliation Policy for Kitchener Neighbourhood Associations (NAs). This policy and approval/renewal process was developed in collaboration with staff and NA representatives. Its purpose is to ensure that Neighbourhood Association groups on the official list receive access to City of Kitchener supports and resources. As well, the policy clarifies the role and responsibilities of the NAs and the City. As outlined in the policy, Neighbourhood Associations will: Be a voluntary, not-for- profit, non- partisan, non- denominational group based in a geographic neighbourhood within the borders of the City of Kitchener. Be inclusive of and responsive to the needs of the community within the specific geographic area defined by the group. Be open to the public and make this known through communication to the residents of that neighbourhood by, at a minimum, publishing a contact number or through other means such as a newsletter. Have some level of activity with, at minimum, a contact person. Have some structure for accountability. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 The City of Kitchener provides Affiliated Neighbourhood Associations: Coverage by a commercial general liability insurance policy provided through the Waterloo Region Municipalities Insurance Pool. Access to facilities, program grants, staff assistance and printing for newsletters, minutes and flyers (subject to guidelines and budgetary availability). REPORT: Annually, the affiliation of Neighbourhood Associations is approved and/or renewed for the following reasons: To ensure that Neighbourhood Associations on the list are active and continue to meet the criteria for affiliation; To ensure that the contact information for affiliated NAs is current; and To obtain permission to release contact information to the public and staff. Twenty-eight Neighbourhood Associations are being recommended in 2018 for affiliation.Volunteers from these Associations contribute countless hours to enhance the quality of life in their neighbourhoods by: i) planning and implementing recreation programming in community centres, schools and churches across the city; ii) offering special events reflecting resident interests and/ or celebrating significant milestones; and/ or iii) responding to neighbourhood issues in areas such as planning, heritage, safety and social needs. Collaborations among neighbourhood associations, such as Mill Courtland, Highland Stirling and Cedar Hills; Downtown Neighbourhood Alliance; Chandler Mowat, Alpine and Country Hills; and Boardwalk and Forest Heights Community Association are occurring as these groups recognize and respond to opportunities to work together to achieve mutual goals. Please find attached a list of twenty-eight Neighbourhood Associations being recommended for affiliation with the City of Kitchener in 2018 (see Appendix A). ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are currently no financial implications. Services to Neighbourhood Associations are provided through the Community Programs and Services budget and printing process.However, as the population of the City of Kitchener increases and new neighbourhoods emerge, the current funding and support available to NAs will need to be reassessed to maintain the vibrancy and level of support to Kitchener neighbourhoods. 2 - 2 COMMUNITY ENGAGEMENT: Staff has consulted with Neighbourhood Associations in regard to the affiliation process for 2018. Moving forward, Community Programs and Services staff will inform NAs about their affiliation status. Information and collaboration will occur as appropriate with emerging neighbourhood groups in regard to the process for affiliation. The approved 2018 affiliation list will be shared with internal divisions such as Information Technology, Clerk's, and Communications to maintain updated information for access by the public, Council and staff. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services 2 - 3 APPENDIX A Community Programs and Services 2018 Neighbourhood Associations and Ward Councillors Ward Ward Councillor Neighbourhood Association Bridgeport Community Association WARD ONE Scott Davey Stanley Park Community Association Centreville-Chicopee Community Association WARD TWO Dave Schnider Stanley Park Community Association Kingsdale Neighbourhood Association WARD THREE John Gazzola Caryndale Neighbourhood Association WARD FOUR Yvonne Fernandes Doon Pioneer Park Community Association Huron Community Association WARD FIVE Kelly Galloway-Sealock Williamsburg Community Association Alpine Neighbourhood Association WARD SIX Paul Singh Chandler-Mowat Neighbourhood Association Country Hills Recreation Association Boardwalk Neighbourhood Association WARD SEVEN Bill Ioannidis Forest Heights Community Association Cherry Park Neighbourhood Association WARD EIGHT Zyg Janecki Forest Heights Community Association Greenbelt Neighbourhood Association Victoria Hills Neighbourhood Association Westmount Neighbourhood Association Cedar Hill Community Group WARD NINE Frank Etherington Cherry Park Neighbourhood Association Highland-Stirling Community Group Mill-Courtland Neighbourhood Association Victoria Park Neighbourhood Association Downtown Neighbourhood Alliance Auditorium Neighbourhood Association WARD TEN Sarah Marsh Central Frederick Neighbourhood Association King East Neighbourhood Association Mt-Hope Breithaupt Park Neighbourhood Association Olde Berlin Towne Neighbourhood Association Downtown Neighbourhood Alliance Mayor: Berry Vrbanovic 2 - 4 REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: January 8, 2018 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext.7319 PREPARED BY: Craig Dumart,Junior Planner, 519-7471-2200 ext.7073 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: November 22,2017 REPORT NO.: CSD-18-003 SUBJECT: ZONE CHANGE APPLICATION ZC17/016/D/CD 62 Daniel Avenue Lara and Milan Kovacevic ______________________________________________________________________ RECOMMENDATION: That Zone Change Application ZC17/016/D/CD (62 Daniel Avenue) for the purpose of removing Holding Provision 18HSR from the lands specified on the -November 22, 2017, attached to Report CSD-18-003 as Appendix A, be approved. Subject Property:62 Daniel Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3 - 1 REPORT: The subject property is addressed as 62 Daniel Avenue andis zoned Residential Three Zone (R-3) with Holding Provision 18HSR. The lands are located in a Low Rise Residential designation under the Official Plan.Holding Provision 18HSR (Holding Provision for Services and Roadworks) specifies that it shall not be removed until a clearance letter is provided by the Region of Waterloo advising the that adequate Regional services and/or roadworks are available. These lands were previously subject to a development cap due to traffic constraints. Regional Council removed the development cap in June 2013. Regional services and/or roadworks are available and that the Region of Waterloo has no concerns with removing the holding provision 18HSR on the subject land. As such, Planning staff recommends that Holding Provision 18HSR be removed from the lands as shown on Map ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM - Notice of the intention to pass an amending by-law to remove Holding Provision 18HSR will be in The Record on December 1, 2017 Act, no statutory public meeting or neighbourhood circulation are required for zone change amendments to remove a holding provision. This report has been posted to the City with the agenda in advance of the council / committee meeting. CONCLUSION: Planning staff are of the opinion that the requested Zone Change to remove Holding Provision 18HSR appropriate at this time since the requirements to remove the holding provision have been met. Planning Staff recommend approval of the application as outlined in the Recommendation section of this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Appendices: Proposed Zoning By-law Newspaper Notice Region of Waterloo Clearance Letter 3 - 2 PROPOSED BY LAW November 22, 2017 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lara and Milan Kovacevic. 62 Daniel Avenue) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 181Appe-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area1on Map No. 1, in the City of Kitchener, attached hereto, from Residential ThreeZone (R-3) with Holding Provision 18HSRand Zone Detail Schedule 26 to Residential ThreeZone (R-3). PASSED at the Council Chambers in the City of Kitchener this_______________ day of _______________,2018. _____________________________ Mayor _____________________________ Clerk 3 - 3 Appendix 'A' 5 R8 05- 10 5 8 R - 1 1 7 85 R8 05- 10 9 5 8 R - 1 2 1 7 9 5 8 R - 3 1 5 0 5 7 6 N A L P G E R 4 9 7 1 - R 8 5 5 7 6 N A L 5 P 7 6 G E N R A L P G 5 E 7 R 6 N A 2 L T R P A P 8 G 1 9 3 E 1 1 R - R R E 8 G 5 P 5 L8 1 AR T N- R 8 A 3 6 P 3 7 0 5 R 5 E5 8 7GR - 3 P 61 L5 0 A N N 6 7 A 5 E L P V RR A EGE GG E L P P R L L ERA A E GN N I P6 6 7 7L N 5 5A N A 6 8 1 7 3 5 D 6 1 - R 2 8 5T R A P 1 T R A P R E G P L A N 6 7 5 7 4 5 3 5 - 8 R -R 7 6 8 5 7 5 5 77 56 0 N 7 1 A - L 7 R P 8 5 G E R 5 7 6 N A L P A R P T 1 7 5 G8 3 R - E 6 5 79 4 R3 77- 5 R T 6 8 1 S 5 - R A I 8 5 V L 5 8 Y R - 1 7 S 7 6 9 1 T R 5 A 2 P 7 T R 6 A 3 P T 1 R N A 3 P 4 A 8 T R L R E 5 2 A G - PT P2 1R P R2 A L T P A R G81 N A R 3 P 5E1 E 7 G 2 7 P3 R 1 L A N 6 7 5 5 7 R 86 E 0 G 2 N T P2 R L A A 1 P A N 1L - 6 7P 5 2 R T 1 8 R G T A 2 5 R P E TA 8 RP 1 1 A R9 T 1 P 52 R T 0 RA 2 TTR 1 P E R1RA G 6 8 AP A P T P-P L 71 R 6 A 0 2 N A 5 0 1 R 5P 6 T 7 0 5 9 R 1 8 1 -A - 9 RP T 2 5 8 9 R 25 R 9 A 3 T 2 P 8 R 9 8 A 4 5 P 9 9 8 9 5 8 - 9 6 P A R T R9 4 9 7 8 P A 5 R T 3 6 T R A P P A R T 2 5 T R A P 1 T R A P E 5 T R V 5 A P 7 A 6 N N A L O P S L G E E R N 3 - 4 Appendix B PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED ZONING BY-LAW UNDER THE APPLICABLE SECTION 34 OF THE PLANNING ACT 62 Daniel Avenue The purpose of this Zone Change Application is to remove Holding Provision 18HSR from the zoning of the above noted lands, as the requirements for removal related to a transportation development cap have been fulfilled. The zoning will thereby change from Residential Three Zone (R-3) with Holding Provision 18HSRtoResidential Three Zone (R-3). The public meeting will be held by the Community & Infrastructure Services Committee, a Committee of Council which deals with planning matters on: MONDAY, JANUARY 8, 2018 nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the agenda(posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the th appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 (TTY: 1-866-969-9994), craig.dumart@kitchener.ca 3 - 5 Appendix 'C' 3 - 6 REPORT TO: Community & Infrastructure Services Committee DATE OF MEETING: January 8, 2018 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Michael Palmer, Urban Designer, Planning,519-741-2200 ext. 7326 WARD(S) INVOLVED: All DATE OF REPORT: November 14, 2017 REPORT NO.: CSD-17-102 SUBJECT: Performance Securities Policy Review ______________________________________________________________________ RECOMMENDATION: That the revised Council Policy I-1080- Performance Securities, asprovided in Appendix A of CSD-17-102, be approved. BACKGROUND: -1080) provides direction on taking performance securities (usually as a letter of credit) to ensure that sites are developed per their approved site plan. As part of site plan approval and condominium registration, Sections 41 and Section 51 of the Planning Act give a municipality the authority to enter into development agreements which typically include performance securities for the purpose of ensuring the completion of the site works outlined in the agreement. The purpose of this report is to update the Performance Securities Policy which was last updated in 2008, providing clarity to the policy and creating efficiencies for both the City and builder as summarized it this staff report. REPORT: The review of the Performance Securities Policy evaluated how to effectively address the following: Large-scale and multi-year construction projects; The alternative calculation for performance securities; How performance securities should address other aspects of site plan approval (such as elevations); Commitments to completing site works associated with condominium registration;and, Other minor revisions to update the policy to address efficiencies and current practices. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4 - 1 One of the primary reasons for this policy update is to better address large-scale and more complex developments which are becoming more common since the last update. Staff has found that the current policy is geared to one-building projects rather than multi-building developments that are constructed over several years. The updated policy supports a process for releasing site securities that is reasonable and efficient for the development industry while . Appendix A to this report includes the updated policy. Key changes to the policy include: Allowance for the performance security to be applied to future phases under separate site plan approvals (affecting large, multi-stage projects); Inclusion of Section 51 of the Planning Act to recognize holding of securities for the condominium registration process for site works not completed prior to registration; Clarification that performance securities collected may be applied to any portion of the outstanding site works and not just the itemized list of site works used for the calculation; Deletion of the alternative security calculation which is outdated and ineffective; and, Addition of the French language school boards to the list of exempt organizations from providing performance securities. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: Over the course of a year and a half the building industry has been involved with providing feedback on the drafts of the updated policy. Through the Waterloo Region Home Builders Association (WRHBA) Liaison Committee, staff was able to address concerns and answer questions to move forward with the proposed policy. INFORM Distribution of draft policy to both the WRHBA Liaison Committee and the Grand Valley Construction Association. CONSULT Feedback was received mainly through the WRHBA Liaison Committee COLLABORATE Through recommendations and requests made by the industry, staff modified the original draft policy. A key topic for the building industry was that no additional financial costs should be incurred. This policy does not affect the amount of financial securities held by the City. CONCLUSION: The updated Performance Securities Policy provides additional clarity and efficiency to the policy for both staff and the development industry. No additional financial implications are proposed to either the City or the building industry. Components should, in fact, save applicants 4 - 2 time and money for larger projects in cases when a letter of credit is transferred between phases (if permissible by the financial institution) that are under separate site plan applications. Planning Staff recommend approval of the policy as outlined in the Recommendation section of this report. REVIEWED BY: Janine Oosterveld, Manager, Site Development & Customer Service Della Ross, Manager, Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Appendices: Proposed Performance Securities Policy 4 - 3 Appendix A COUNCIL POLICY RESOLUTION DATE: MARCH 1,1999 POLICY NUMBER:I-1080 amended: NOVEMBER 9,2000 amended: May 5,2008 DRAFT changes: November 14, 2017 POLICY TYPE: LAND USEPLANNING SUBJECT: PERFORMANCESECURITIES POLICY CONTENT: 1.That for development proposals approved under Section 41 and Section 51 of thePlanning Act the City may require the owner to provide performance securities prior to Site Plan approval and condominium registration in a form andamount satisfactory to the City Solicitor and the Manager of Site Development and Customer Service (or Alternate). Theperformance securities shall be held as security for the completion ofrequired site development works. 2.Performance Securities Calculation and Release a) The amount of performance security shall be based on a cost estimate of site development works completed to the satisfaction of the Manager of Site Development and Customer Service. b) The amount of the performance security shall be 50% of the total cost of all site development works except if the development is part of a proposed draft plan of condominium, in which case 100% of the total cost of all outstanding site development works is required prior to registration. c) After satisfactory completion of 50% of the value of site development works, the amount of security held by the City may be reduced upon acceptance of partial site certification, satisfactory inspection by the City, and inaccordance with the cost estimate. Note: partial releases do not confer final acceptance of site works and are at the discretion of the City. d) The performance security may not be reduced below 50% of the 4 - 4 total amount secured or $250,000, whichever is the lesser, until the City has received all required Site Development Works Notification Forms, received full certifications for all site works, and the City is in complete agreement with the certifications. e) While the cost estimate is based on a specific list of site development works, the site shall be constructed in full accordance with all approved plans and drawings, and the Section 41 or Section 51Agreement. Items reflected therein, but not specifically included in the cost estimate, are deemed to be required prior to the release of the performance security. The performance security may be applied to their completion in accordance with 2.f). f) The performance security is provided to ensure that the project is completed according to the approved plans and drawings, and in the timeframe described in the Site Plan Approval and/or Section 41 or Section 51 Agreement. The itemized cost estimate is for calculation purposes only. The total amount of the performance security may be used to complete any site plan deficiencies at the discretion of the Manager of Site Development and Customer Service. g) After satisfactory completion, full certifications for all site works, and the Citycomplete agreement with the certifications of all site development works, the totalamount of security held by the City shall be released. 3 & 4 \[relating to alternative security calculation - deleted\] 3.Phased Developments a) A performance security may be carried over to a consecutive phase if the subsequent phase requires a separate Site Plan Approval. A cost estimate of all site development works, in accordance with 2(a), is required for each phase to confirm that the performance security amount is adequate. b) The transfer of a performance security in part or whole to a subsequent phase may only occur after the original site development works have been completed in accordance with 2(c) and (d) under written direction by the property owner, to the satisfaction of the Manager of Site Development and Customer Services and City Solicitor. 4 - 5 4.Construction Supervision a) The property owner is required to retain the services of the project consultant team to provide construction supervision and inspections in accordance with Site Plan Approval and/or the Section 41 or Section 51 agreement. The project consultant team will ensure site development works are completed in accordance with approved plans and reports. b) The City may, at its discretion, inspect the work at any time and report any deficiencies to the consultant. 5.Performance securities shall not apply to the City or any local board thereof, theRegional Municipality of Waterloo or any local board thereof, theKitchener- Wilmot Hydro Inc., the Waterloo Region District School Board,the Waterloo Catholic District School Board,Conseil Scolaire de District Catholique Centre- Sud,Conseil Scolaire Viamonde or the Federal or ProvincialGovernment or any crown agency thereof, or hospitals as defined in thePublic Hospitals Act, R.S.O. 1990. However, the applicable inspections and certifications would be necessary to deem the site complete in accordance with the approved plans. 4 - 6 REPORT TO: Community & Infrastructure Services Committee DATE OF MEETING: January 8, 2018 SUBMITTED BY: 519-741-2200 ext. 7231 PREPARED BY: Janette MacDonald, community engagement consultant, 519-741-2200 ext. 7221 WARD (S) INVOLVED: All DATE OF REPORT: November 23, 2017 REPORT NO.: CAO-17-026 SUBJECT:Community Engagement Policy ___________________________________________________________________________ RECOMMENDATION: That the Community Engagement Policy to report CAO-17-026 be approved. BACKGROUND: The City of Kitchener established a community engagement framework in 2008, which provided a structured approach to guide staff in establishing community engagement processes throughout the organization. In 2010, Council adopted the community engagement policy statement: To the best of its ability and as appropriate, the City of Kitchener is committed to using community engagement strategies and tools that involve the community in decision making to the highest degree Since then, staff have continued to expand and refine engagement tactics, especially with the prioritization of e-Participation through the adoption of the Open Government Action Plan in 2014. In 2016, the City launched EngageKitchener, its online community engagement platform, as part of a partnership with the Cities of Waterloo and Cambridge, and the Region of Waterloo. Finally, in 2016, the City of K-wide Community Engagement Review evaluated the effectiveness of the engagement processes already in place, identified engagement successes, and opportunities to improve service delivery. Specifically, feedback from staff, council and citizens identified a need for a formal community engagement policy to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 1 REPORT: On January 9, 2017 council approved the recommendations contained in the Community Engagement Review as presented in report CAO-17-001, including the following: i) That a Community Engagement Policy be created that supports the review findings and the view that involvement of the community and key stakeholders in planning and decision making for the city is fundamental to effective governance. The policy should provide direction and guidance to ensure that responsibilities to effectively communicate, consult and engage the community are fulfilled. ii) That all consultants, businesses or organizations hired by or partnering with the city to deliver and Community Engagement Plan template. This requirement should be included in any RFPs or proposals. The proposed Community Engagement Policy reflects feedback heard through the review, best practices, and it helps to align and co-ordinate much of the engagement work already The resulting policy aims to: Uphold the view that involvement of the community and key stakeholders in planning and decision making for the City is fundamental to effective governance; Identify clear and consistent guidelines for City staff, Council and the public to facilitate a co-ordinated approach to public engagement and ensure a consistent engagement experience for citizens; activities so that citizens know what they can expect; Facilitate Council decision making that is open, transparent, accountable and responsive to the community; Engagement Framework and the Community Engagement Toolkit; Coordinate engagement across the organization so that staff are not duplicating efforts or creating engagement fatigue in the community; Recognize that staff must follow legislated requirements, but can exceed these requirements when appropriate. The proposed Community Engagement Policy supports the Corporate Accountability & Transparency Policy (GOV-COR-015), the Open Government Action Plan, and aligns with the 5 - 2 values in the People Plan. It also establishes a policy structure to support implementation of the remainder of the Community Engagement Review recommendations, andother upcoming business plan initiatives including an engagement review for parks, playgrounds and trails, as identified in Love My Hood. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Strategic Priority: Open Government Strategy: 1.3 - Create more opportunities for citizen dialogue on community issues and introduce new ways for people to get involved in decisions that affect them. Strategic Action: OG15 Community Engagement Policy: Development of a Council policy for Community Engagement that provides direction and guidance to ensure that responsibilities to effectively communicate, consult and engage the community are fulfilled. FINANCIAL IMPLICATIONS: There are no costs to implement the policy itself. There may be project-specific engagement costs which will either be funded through existing budgets or brought forward to Council for direction as required. COMMUNITY ENGAGEMENT: Extensive internal and external engagement took place during the Community Engagement Review in 2016 which informed the policy. Internal stakeholders were also extensively involved in ensuring that the policy is suitable to adopt throughout the organization. INFORM council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: June 7, 2010, CAO-10-021: Community Engagement Strategy: 2010 Update Recommendation: That the Community Engagement Policy Statement and the Community -10-021 be approved. February 24, 2014, FCS-14-005: Open Government Action Plan, Open Data Implementation Plan and Revisions to Accountability and Transparency Policy (Council Policy 1-15) Recommendation: That Council approve the Open Government Action Plan for 2014-2017 attached as Appendix E to staff report FCS- 14-005, and direct staff to proceed with the following priority actions in 2014: Participation: Community Engagement Policy and e- Participation initiatives February 8, 2016, CAO-16-006: Update on Community Engagement Initiatives For information only: Identified an approach to build on the work presented in previous reports, conduct an engagement review, and bring forward a policy. January 9, 2017, CAO-17-001: Community Engagement Review 5 - 3 Recommendation: That the recommendations contained in the Community Engagement report CAO-17-001, be approved, with any financial implications to be considered as part of future budget deliberations. ACKNOWLEDGED BY: Dan Chapman, CAO Attachments: Appendix A: Community Engagement Policy 5 - 4 Appendix A: Community Engagement Policy POLICY Policy No:Click here to enter text. Approval Date:Click here to enter a date. Policy Title:COMMUNITY ENGAGEMENT POLICY Next Review Date:Click here to enter text. Policy Type:COUNCIL Reviewed Date:Click here to enter text. Category:Governance Amended:Click here to enter a date. Sub-Category:Council Author:Community Engagement Replaces:Click here to enter text. Consultant Repealed:Click here to enter a date. Dept/Div:CAO Replaced by:Click here to enter text. Related Policies, Procedures and/or Guidelines: GOV-COR-015 Corporate Accountability & Transparency 1.POLICY PURPOSE: is committed to the principles of participatory democracy as identified within the The City recognizes that engaged citizens make communities stronger and healthier. The involvement of the community and stakeholders in planning and decision making helps . The City is committed to promoting ongoing meaningful public engagement to connect individuals with a common interest to share priorities, solve problems and build community. 2.DEFINITIONS: Community A group of people with common characteristics or interests, or who share an environment. Community engagement The process of involving community in decision-making processes. Community engagement plan A document to help staff identify engagement goals, stakeholders, resources, tactics, processes, communications, and clearly identify how work. Community engagement framework A tool to determine the appropriate level of involvement of the community in the engagement process. The framework identifies and defines the four forms of community engagement which provide different degrees of citizen empowerment: Inform, Consult, Collaborate, and Entrust. Engagement The process of involving the public in decision-making processes. 1 of 9 5 - 5 Policy No: TBD Policy Title: Community Engagement Policy Plain language Clear, concise writing designed so the reader will understand the message. 3. SCOPE: This policy applies to: All departments of the Corporation of the City of Kitchener All full-time, part-time and casual employees responsible for the design and implementation of community engagement activities Any community engagement activity undertaken by suppliersor external organizations on behalf of the City POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time EmployeesAll Union ManagementC.U.P.E. 68 Civic Non UnionC.U.P.E. 68 Mechanics TemporaryC.U.P.E. 791 StudentI.B.E.W. 636 Part-Time EmployeesK.P.F.F.A. Specified Positions only:Other: CouncilLocal Boards & Advisory Committees In some matters, the City is bound by legislation to involve the public in a specific way and in accordance with dictated timelines. The City takes direction from the Ontario Municipal Act, the Ontario Planning Act, the Ontario Environmental Assessment Act, and the Accessibility for Ontarians with Disabilities Act, among others. The City is obligated to adhere to these requirements and if there is a conflict between legislated requirements and the provisions of this policy, legislated requirements will take precedence. The provisions of this policy enable the City to exceed the minimum legislated requirements in appropriate circumstances. Ramifications of non-compliance with this policy could result in: a negative impact on satisfaction levels for citizens, poor decisions due to missed opportunities to involve citizens in the decision of Council, , financial loss to the City, disciplinary action for employees. 2 of 9 5 - 6 Policy No: TBD Policy Title: Community Engagement Policy 4. POLICY CONTENT: 4.1 The decision to engage the community The City will comply with all minimum legislated requirements that dictate public involvement, andexceed minimum requirements when appropriate. Community engagement may be required for City-led initiatives that: involve new regulations or changes to core services, are expected to be controversial, have significant financial impacts, may have adverse impacts on citizens. For all other initiatives, the decision to engage the community will be determined by management and/or Council. Criteria to consider include, but are not limited to the following: initiatives iPlan and/or Business Plan, as directed by the Corporate Leadership Team, as directed by a motion of Council. As well, City staff should consider the importance of issues to citizens in determining when to engage the community. The City encourages the involvement of the public when one or more of the following conditions exist: p, the values and preferences of the community are applicable to the decision, new and diverse perspectives are needed to develop/evaluate options, the public will have a role to play in the implementation of the decision, involving the public will build awareness, support and enthusiasm for the decision. The decision to engage the community in these situations will be determined by evaluating the potential for community engagement to improve the quality of the decision or outcome and the risks associated with failing to adequately engage the community. This must be evaluated against time constraints, the availability of staff and other resources to plan and carry out effective community engagement activities, and the cost of involving the public in a meaningful way. Community engagement may not be required in certain situations including, but not limited to the following: ongoing delivery of core services, urgent situations that would put the public at risk if delayed, decisions that are legislated/regulated. In these situations, staff may still be required to inform the public of these decisions/initiatives. 3 of 9 5 - 7 Policy No: TBD Policy Title: Community Engagement Policy Staff must inform the community engagement consultant of upcoming engagement initiatives, and must seek the approval of their directors and/or department head for non-routine, non- legislated significant engagement campaigns or for exceptions to this policy. The Corporate Leadership Team provides direction to proceed with community engagement for initiatives that may be controversial, politically sensitive and/or have significant financial impacts. 4.2 Community engagement framework The City of Kitchener community engagement framework will be used as a guide to determine the most appropriate method for engaging the community. Community engagement processes are not all the same. For some initiatives the most appropriate way to engage the community is through clear and purposeful communication to inform citizens and build understanding within the community. In other cases, the most appropriate role may be collaborative; partnering with the community to jointly address a problem or opportunity. In other situations, multiple approaches will be used at different points in the process. This framework identifies four levels of engagement, as outlined below. The first level Inform is mandatory for all engagement initiatives, as the community needs access to relevant information to participate in a meaningful way. Engagement initiatives may include more than one level from the framework. Inform All community engagement initiatives must inform the public. This is intended to provide the public with balanced and objective information to support understanding of City initiatives. In some situations, community engagement will be limited to the sharingof information with the public with no additional levels of the engagement framework deployed. This may include, but is not limited to decisions that are legislated/regulated. Consult Consultation with the community allows participants to provide feedback by, for example, identifying preferences, or communicating values. This type of engagement provides a simple and structured exchange of information with citizens that is usually quick, convenient and cost effective. Collaborate Collaboration provides the opportunity for citizens to connect with other citizens, staff and/or council to understand issues from different perspectives, and solve problems together. The choice to take a more collaborative approach with citizens has both costs and benefits which must be carefully considered. Collaborative processes typically take significantly longer to plan andimplement, require more staff support and involvement, and may have added costs for facilitators, rooms, materials, etc. 4 of 9 5 - 8 Policy No: TBD Policy Title: Community Engagement Policy The City encourages engaging the community in a collaborative way when there is high potential for community involvement to influence the outcome or decision, and one or more of the following conditions exist: there may be a significant impact on the community, there is or may be significant controversy surrounding the issue, the community will have a substantial role in implementation, the options/solutions are not straight forward; original ideas are needed. Entrust An entrust initiative empowers the community to make their own decisions. In these situations, the City may provide input or support for the decision-making process, organize information and facilitate connections to support resident-led projects. This level of engagement is most appropriate where there is a high level of public interest, sufficient resources and capacity to act within the community, and a high degree of community ownership is preferred. Citizens cannot be entrusted to make decisions that are the legal responsibility of the City or where there may be a risk to the public. 4.3 Role of the City It is the responsibility of City staff to assess opportunities for community engagement in dealing with specific City-led initiatives (except for issues dictated by law or regulation), andto plan and manage the community engagement process.This includes reporting to Council on results when appropriate. The City will be transparent and accountable for acting in accordance with the commitment that is made to the public. Council and city staff will engage with citizens in a way that is respectful and considerate of all citizens and will demonstrate that the views and involvement of citizens are valued by the City. process, how it will affect decision-making by staff, and the rationale for the level of engagement that will be used.The community will be informed in advance when there are clear and significant limits on the scope or degree of impact that community involvement will have on the matter at hand,so that citizens can make an informed decision about participation and will know what to expect from the process. The City will communicate a clear and accurate statement of the problem to be solved, the opportunity to be explored or the decision to be made.The City will ensure that the public is aware of the nature of the decision to be made and the scope of authority the City has to influence that decision. In making decisions, Council and City staff must balance a broad range of competing interests. The results of the community engagement process must be put in the context of applicable legislated requirements, city regulations, council-approved policies and strategies, technical considerations and financial constraints before a decision is made. When all factors are considered, the City may make a decision that is inconsistent with the majority of input received from the community through the engagement process. In these situations, the City will explain to the public how their contribution was taken into account and 5 of 9 5 - 9 Policy No: TBD Policy Title: Community Engagement Policy the rationale for the decision that was made. The results of community engagement are nota substitute for the democratic process and do not replace the legitimate role of elected representatives in decision-making. 4.4 Responsibilities The Executive Director Office of the CAO, or designate, is responsible for policy review, and providing advice in relation to this policy. City of Kitchener Community Engagement Team Responsibilities The Community Engagement Consultant is responsible for supporting community engagement activity, including: work with project staff and Corporate Communications to develop or review appropriate community engagement plans, and provide guidance on activities; work with project staff to ensure that requests for proposals/tenders include appropriate requirements for community engagement plans and activities; liaise with suppliers and external organizations undertaking community engagement activities on behalf of the City to provide oversight of community engagement plans and activities; work with project staff to ensure the City has effective systems to monitor, record, coordinate and evaluate its community engagement activities; annually provide Council, staff and citizens with performance reports regarding the success of community engagement activities; work with Human Resources and City employees to develop and implement appropriate community engagement training, tools and supports for City employees; support citizens who are leading community engagement activities as part of an Entrust initiative. City Staff Responsibilities: City employees who are responsible for projects that involve community engagement will: use the Community Engagement Policy to determine if community engagement is appropriate, with support from the Community Engagement Consultant as needed, and ensure that engagement activities comply with this policy; work with the Community Engagement Consultant, Corporate Communications and other affected staff to develop appropriate community engagement plans; work with the Community Engagement Consultant to ensure outreach tactics to support inclusion are appropriate when engaging within marginalized communities; notify the Community Engagement Consultant of any planned community engagement activities; ensure suppliers or external organizations undertaking community engagement activities on behalf of the City work with the community engagement team throughout the project to comply with Community Engagement Policy; ensure project reports accurately and objectively reflect engagement feedback, and notify participants of outcomes; 6 of 9 5 - 10 Policy No: TBD Policy Title: Community Engagement Policy support the Community Engagement Consultant to evaluate community engagement at the City of Kitchener; support citizens who are leading community engagement activities as part of an Entrust initiative. Citizen Responsibilities: Citizens are asked to: focus on the decision to be made or the question to be answered; recognize the City must consider the needs of the whole community; request alternative ways of participating if required; listen with the intent to understand the views of others; provide input and feedback within project timelines; encourage others to offer input; lead engagement activities as part of an Entrust initiative. Council Responsibilities: The support of City Council is important for successful community engagement initiatives. Some of the key ways in which Council can continue to support community engagement activities include: attend and participate in public meetings and events for engagement initiatives; share information about campaigns with constituents through social media, newsletters, and other methods; have informal conversations and/or ward meetings with constituents about key issues; review the information gathered through community engagement campaigns and use it to inform key decisions; ensure that appropriate project timelines and resources required for community engagement initiatives are in place; encourage City employees to follow the Community Engagement Policy and Framework. 4.5 Community engagement plans Community engagement plans are required for all major projects and initiatives that will consult, collaborate and/or entrust the community. A community engagement plan should include the following: 1. a clear statement of the problem to be solved, opportunity to be explored or decision to be made; 2. the role of the public in the initiative or project, the level(s) of engagement to be used and a rationale for that choice; 3. the key stakeholders and how they will be encouraged to participate; 7 of 9 5 - 11 Policy No: TBD Policy Title: Community Engagement Policy 4. the techniques that will be used for engagement that reflect the promise made to stakeholders according to the level of engagement selected; 5. a schedule of events and expected timelines; 6. required resources; and 7. the methods that will be used to track data and follow up with participants on the results. Projects that will only inform the community do not require a community engagement plan, but may require a communications plan. 4.6 Techniques for engagement The City will use the most appropriate techniques to ensure an efficient and effective process and create a meaningful experience for the public. The City will consider a broad range of options to engage the community and assess these options against community engagement goals, needs of the stakeholders, time and resources required for implementation, and the requirements of legislation and other city policies. Some engagement initiatives may require the support of independent third-party suppliers to obtain statistically-representative results. The City recognizes that different stakeholder groups may have different needs. Specific outreach strategies, options and alternative methods of engagement should be made available to encourage participation by all stakeholder groups, within the constraints of City resources. Consideration will be given to time of day, amount of time required to participate, accessible location, language, technology requirements, and other potential barriers to participation. 4.7 Inclusive participation The City will strive for participation that is inclusive of all stakeholder groups by seeking out and facilitating the involvement of those potentially affected. The City will proactively encourage participation in community engagement processes and activities, and clearly communicate the benefits of participation for the individual citizen. Decisions that involve community engagement will take into account the relative impact of the matter on various stakeholder groups and the degree to which their voices are represented in the outcome of the engagement process. Before making a decision, Council may also have to consider carefully whether the aspirations and needs of future generations who will perhaps be most affected by any change The City will ensure that those who have an interest and those who are directly impacted by the decision will have access to the community engagement process. The City will strive for inclusive participation, giving voice to the broadest range of interests and perspectives within the context of the issue, taking into account the relative impact of the matter on various stakeholder groups. Special interest participants must be balanced with broad-based community involvement. Techniques must be considered to address barriers to participation for members of the community whose voices are rarely heard, including vulnerable populations. 8 of 9 5 - 12 Policy No: TBD Policy Title: Community Engagement Policy Community input that is received from the public that is not controlled for community representation has the potential for bias and will not be used to draw conclusions about the community as a whole. 4.8 Information for engagement The City will provide participants with the information they need to be engaged in a meaningful way. The City is committed to open disclosure, equal access and distribution of accurate, relevant information. Council and/or staff contact information will be provided to the public so citizens can ask questions and obtain additional information if needed. & Transparency Policy (GOV-COR-015), information must be fully accessible and understandable, using plain language and appropriate formats.As well, the City is committed to providing citizens with information that is timely, and freely available, and decisions are open for public review and discussion. In the event that open disclosure would conflict with legislation that protects information, legislated requirements will take precedence. When engagement is legislated or regulated, to comply with GOV-COR-015, staff must provide plain language descriptions to accompany legislated or regulated information requirements. In situations where input from the public is to be obtained, questions and topics of discussion will aim to generate information from a citizen perspective, and will not require participants to have any technical knowledge or expertise to participate. 4.9 Reporting to the community on the results The City will publicly acknowledge the results of the community engagement process. The City will acknowledge the input from the community, and participants who have consented to communication in accordance with CAnti-Spam Legislation will be informed when a final decision is made (if applicable). T taken into consideration. 4.10 Participant feedback The City encourages feedback from participants in community engagement activities to identify opportunities to improve the effectiveness of future initiatives. The City will actively seek feedback from participants to get broad-based input on the effectiveness of the Citizens will have the opportunity to tell the City if they felt that they understood the process, if they had adequate information to contribute effectively, if they perceived that the process fairly considered their input; and if they were satisfied overall. 5. HISTORY OF POLICY CHANGES Administrative Updates Formal Amendments 9 of 9 5 - 13 REPORT TO: Community & Infrastructure Services Committee DATE OF MEETING: January 8, 2018 SUBMITTED BY: Gloria MacNeil, Director of By-law Enforcement, 519-741-2200, ext. 7952 PREPARED BY: Gloria MacNeil, Director of By-law Enforcement, 519-741-2200, ext. 7952 WARD(S) INVOLVED: 1 DATE OF REPORT: December 5, 2017 REPORT NO.: CSD-17-104 SUBJECT: NOISE EXEMPTION REQUEST EVER AFTER MUSIC FESTIVAL th BINGEMANS JUNE 8, 9, 102018 ___________________________________________________________________ RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Ever After Music Fest, to be held at Bingemans Center on June th 8, 9 and 10,2018, between the hours of 5pm and 11:00 PM on the Friday evening, 11am 11pm on the Saturday evening and 11am 9pm on the Sunday evening. This exemption is subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from this music festival, audible in any adjacent residential neighbourhood. b) The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event; and c) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas. d) The maximum decibel level (dBA) audible from a residential area shall not exceed 55 dBA. e) The event organizer will be responsible for the cost of a paid-duty Noise Officer, to be assigned specifically to this event which shall be paid in full prior to the event. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6 - 1 BACKGROUND: The Ever After electronic dance music is scheduled to be held at Bingemans Center, at 425 Bingemans th Center Drive, on June 8, 9 and 10, 2018, between the hours of 5pm and 11:00 PM on the Friday evening, 11am 11pm on the Saturday evening and 11am 9pm on the Sunday evening. This event will be held in an outdoor venue on the property and an - would be required. REPORT: As a result of the large number of complaints (100 plus) that were received on the Sunday evening of the 2017 Ever After Music Festival, staff have been working with Novus Environmental Inc. (who specialize in air quality, sound and vibration, sustainable water and wind and climate) over the past several months to conduct a event which resulted in a high number of complaints, specifically on the Sunday evening. Typical evening ambient sound levels, which are the background noise levels without any contributing noise intrusions such as, traffic, music, etc. in the neighbourhoods surrounding this event,range from 38dBA to 43dBA. Ambient sound levels decrease into the evening as things start to quiet down, this is generally when complaints are received because noise is more audible in the evening due to the quieter background levels. This has been characteristic of the complaints we have received during the Ever After Music Festival for the past two years. A temperature inversion occurs when a warm, less dense air mass is positioned over a dense, cold air mass, the influence of a temperature inversion can sometimes cause distant sources of noise to sound much closer than they really are. Temperature inversions along with other meteorological conditions such as wind speed, wind direction, temperature and humidity can have a large effect on how sound is propagated and there is a potential for an increase in complaints, especially from an outdoor venue. Novus Environmental Inc. completed areview of both the sound and weather patterns for the past three years over the weekends the Ever After Music Festival took place. It was noted that on the Sunday evening in 2016 and 2017 there were temperature inversions on both evenings with a significant one taking place on the Sunday evening this past year (2017). It was also determined the high number of complaints on the Sunday evening in 2017, are likely contributable to multiple factors which include: Meteorological conditions (inversions, wind speed/direction) High allowable limits (65dBA) Low ambient sound levels in the evening Nature of the music (variation, rhythmic, bass heavy, noise fatigue) It is important to note there are no environmental noise guidelines set by the Province that specifically apply to concert type noise. Noise guideline standards are typically 6 - 2 applied to industrial stationary noise sources, however these standards may still be useful as an indicator for concert noise impacts. Sound levels that are less than a 5dBA difference from the ambient sound levels will be barely audible and generally will result in few or no complaints. Sound levels that range between 5 to 15dBA over the ambient sound levels are sometimes audible and complaints are likely. Anything greater than 15dBA is highly audible and there will be widespread complaints.Staff are recommending a maximum decibel level of 55dBA in a residential zone which will be between 12-17 dBA over the ambient sound level in the evening for the surrounding areas. Staff recognize that music events like the Ever After Music Festival are culturally, socially and economically important to the City of Kitchener and we have worked with both Beyond Oz Productions (event promotors) and Novus Environmental Inc. to try and achieve a balance and compatibility that will work for everyone including the area residents.Based on the information identified in the study, it clearly showed the meteorological conditions contributed to the increased sound levels which then resulted in a high level of complaints, staff want to ensure that we are preparing for the worst case scenario should a temperature inversion happen again. Beyond Oz Productions has indicated the potential attendance for the 2018 music festival to exceed 25,000 people each day of the event. Event organizers will be engaging the appropriate agencies relative to an event of this magnitude to ensure the safety and well-in the past. The proposed setup for 2018 will be similar to last year and will be as follows: There will be two stages with a potential third stage for local acts The main stage will be the largest and will host International Acts. It will be situated so that it is directed (facing) North East, as was done in 2016 and 2017 where the sound will travel through a large wooded and industrial area out towards the city limits. The event organizers have once again engaged an industry leading acoustical engineering company to manage the sound system. As part of the sound system design they will again be angling the sound so it is thrown on top and downward toward the crowd; and they have directed the stage speakers at an inward angle to reduce the umbrella of sound and concentrate it down the centre of the direction of the stage. The quality of equipment enables them to provide the venue. Having said this, the nature of this type of event, with recorded music, often results in the significant use of low bass tones which are often difficult to contain and can be detected at a distance. Beyond Oz Productions in an effort to work with the community has suggested some changes to their Sunday schedule which includes an end time of 9pm, as well as having one of their lower bass artists on after 7pm, to address some of the concerns expressed by residents in regards to Sunday being the night before a work/school day. The reduced sound level of a maximum of 55dBA in a residential zone should also help to 6 - 3 address any potential meteorological conditions, should they arise. Staff recognize that we may still receive complaints even with the proposed changes, promotors, as well as local businesses. Staff are suggesting that any exemption approved by Council be subject to the conditions that have been designed to help mitigate the impact of the music in residential areas. The conditions relate to the potential for offensive language and the ability for staff to work with event organizers, at the time, to address concerns raised from the community and to have a paid duty Noise Officer assigned to this event, in order to monitor noise levels. It should be noted that, should the noise exemption not be approved, and assuming the event still proceeds, the event organizers may be subject to legal action pursuant to Chapter 450 (Noise) if or when complaints are received and City staff are able to determine sufficient evidence exists to substantiate a violation of the Chapter. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: It is anticipated that the cost of a paid duty Noise Officer, for a period of 34 hours will be approximately $1200. This cost will be billed to the event organizer. COMMUNITY ENGAGEMENT: The event organizers are responsible for ensuring that this event is communicated throughout the community in advance of the event. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department Encl. 6 - 4 December 8, 2017 City of Kitchener, CSD ByLaw Enforcement Division 33 Ontario St N, Kitchener, ON N2H 4Y4 Attn: Gloria MacNeil gloria.macneil@kitchener.ca Director of By-Law Enforcement Re:Ever After Music Festival Proposed Noise By-Law Exemption Sound Level Limits Novus File No. 17-0371 Dear Gloria: Novus Environmental Inc. (Novus) is pleased to provide this letter of opinion regarding the proposed Noise By-Law Exemption pertaining to concert noise from the EverAfter Music Festival. It is our understanding that City staff will be recommending to Council that the current Noise By-Law exemption be modified as outlined below and would like Novus’ opinion on whether the reduction from the previous 65 dBA limit to the proposed 55 dBA limit will be helpful in reducing annoyance and /or complaints from residences. The proposed Noise By-Law exemption conditions are: Maximum dBA heard in a residential neighbourhood 55dBA, a 10 dBA reduction from that applied previously. The exemption would be applicable on EverAfter Music Festival concert days for: -Friday night 5pm – 11pm -Saturday 11am – 11pm -Sunday 11am – 9pm Air Quality | Sound & Vibration | Sustainable Water | Wind & Climate Novus Environmental Inc. | 150 Research Lane, Suite 105, Guelph, Ontario, Canada N1G 4T2 Novus West Inc. | 906 – 12 Avenue SW, Suite 600, Calgary, Alberta, Canada T2R 1K7 6 - 5 City of Kitchener Everafter Music Festival – Opinion on proposed noise-by-law exemption limit December 8, 2017 1.0Background Novus Environmental Inc. (Novus) isa Guelph based consulting engineering firm with specializedexpertiseinacoustics andmeteorology. Novus recently presented at theannual Canadian Acoustical Association(CAA) annual conference on the subject ofoutdoor concert noise in Kitchener focussed on the EverAfter Music Festival. Impetus for our presentation was drive bytechnical interest in outdoor noise propagation,recent publicized complaints in the localKitchener-Waterloopress andprior experience with similar outdoorconcert venues. The technical paperwas submitted to the CAAand publishedin the December issue of the association’sJournal. A copy of thepaper found in AppendixA. Our opinion on the efficacy of the proposed By-Law exemption changes is based on the research and findings outlined in our paper. 2.0Technical Highlights Key findings of the paper suggest that contributing factors to noise complaints arising from the EverAfter Music Festival are likely due to: The existing 65 dBA criteria being too high relative to low prevailing community ambient (L)levels of 40 dBA to 45 dBA. 90 Fatigue with music – rising annoyance. Variation in the ambient sound levels with low background noise levels in many of the neighbourhoods present particularly in the late evening period. Meteorological effects, particularlyinversions which aid in effective propagation of sound over large distances. Table 1 below, provides a good indication of expected community response to outdoor concert noise by comparing the difference betweenconcert level near maximum sound levels (L) to 1 prevailing background ambient non-concert sound levels (L) 90. Lis the sound level exceeded 1% of the time during the concert while Lis the sound level 1,90, exceeded 90% of the time in the absence of the concert but at the same time period when the concert would occur. www.novusenv.comNovus Environmental | 2 6 - 6 City of Kitchener Everafter Music Festival – Opinion on proposed noise-by-law exemption limit December 8, 2017 Table 1: Outdoor concert site response criteria \[1\] L-LDifferentialExpected Community Response 190 Less than 5 dB Rarely audible, few or no complaints 5 to 15 dB Sometimes audible, repeated complaints likely 15 dB or greater Highly audible, widespread complaints 3.0Opinion on Noise-By-Law Exemption The proposed reduction in the Noise-By-Law exemption sound level limits will reduce the audibility of the event noise in neighbourhoods that were affected in prior years and therefore should inherently reduce the number of complaints. With the original exemption limit of 65 dBA, neighbourhoods with background L levels could have experienced L-Ldifferences as 90190 high as 20-25 dBA, and per Table 1, would have resulted in high audibility and widespread complaints. The proposed 10 dBA reduction in the exemption limit, reduces the L-L 190 difference to between 10-15 dBA which per Table 1would be anticipated to result in audibility some of the time, with repeated complaints still likely. Thus, the reduction in the exemption limit is not expected to eliminate the complaints, but certainly will be an improvement over prior years experience and should reduce community response and complaints. It should be noted that it may be difficult to reduce sound levels sufficiently to achieve a 5 dB or less difference in L-L, that would result in few or no 190 complaints given the nature of the event, its location and that of the residential neighbourhoods coupled with low background noise levels in the evening period. However, the current proposed reduction is a reasonable attempt to balance the needs of the affected communities with that of the larger community and cultural, social and economic importance of the event. Further modifications and fine-tuning to the limit could be considered after evaluating the effectiveness of the proposed changes over the next couple of years. It should also be noted that the potential noise impacts on a given community will likely vary from year to year given the significant effects of meteorological factors (i.e., wind, temperature inversions) on long-distance noise propagation and would need to be considered in the conclusions derived from future events. www.novusenv.comNovus Environmental | 3 6 - 7 City of Kitchener Everafter Music Festival – Opinion on proposed noise-by-law exemption limit December 8, 2017 Should you have any questions or comments, please feel free to contact me. Sincerely, Novus Environmental Inc. Darron Chin-Quee, P.Eng., LEED AP Principal / Sr. Specialist Attach. www.novusenv.comNovus Environmental | 4 6 - 8 6 - 9 6 - 10 6 - 11 COMMUNITY & INFRASTRUCTURE SERVICES COMMITTEE Page 1 UNFINISHED BUSINESS 2018-01-08 DATE TARGET SUBJECT (INITIATOR)INITIALLYDATE/STAFF CONSIDEREDSTATUSASSIGNED David Bergey Drive Bike Lane Implementation deferred K. May 1, 2017 2019Carmichael Street South Reconstruction project scheduled for Report INS-17-033 2018/2019 IF1 - 1 FINANCE & CORPORATE SERVICES COMMITTEE Page 1 UNFINISHED BUSINESS 2018-01-08 DATE SUBJECT (INITIATOR)INITIALLYTARGETSTAFF CONSIDEREDDATE/STATUSASSIGNED D. Oct 16, 2017 South District Park Relocation of the Stone Farm Feb 5,2018 McGoldrick Report CSD-17-074 House Alternatives IF1 - 2 PLANNING & STRATEGIC INITIATIVES COMMITTEE Page 1 UNFINISHED BUSINESS 2018-01-08 SUBJECT (INITIATOR)DATE TARGETSTAFF INITIALLYDATE/STATUSASSIGNED CONSIDERED Financial implications analysis of enhanced 2012-06-18Future PSI B.Sloan streetscape options for Fischer Hallman Rd design (PSI)Meeting improvements (over and above baseline capital and operating budgets) Feasibility and implications of being designated 2016-10-03End of 2017A.Pinard Official Plan (CSD-16-053) IF1 - 3