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HomeMy WebLinkAbout2011-09-26COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 2:03 p.m. Present: Councillor K. Galloway - Chair Mayor C. Zehr and Councillors S. Davey, Y. Fernandes, P. Singh, B. Ioannidis, F. Etherington, D. Glenn-Graham, B. Vrbanovic and Z. Janecki. Staff: C. Ladd, Chief Administrative Officer J. Willmer, Deputy CAO, Community Services D. Chapman, Deputy CAO, Finance & Corporate Services P. Houston, Deputy CAO, Infrastructure Services L. MacDonald, Director, Legal Services & City Solicitor R. Regier, Executive Director, Economic Development G. Murphy, Director, Engineering Services S. Ross, Assistant City Solicitor C. Fletcher, Director, Facilities Management K. Baulk, Director of Enterprise M. Hildebrand, Director, Community Programs D. Ross, Manager, Development Review G. McTaggart, Manager, Infrastructure Asset Planning D. Keelan, Manager, Aquatics and Athletics K. Carmichael, Supervisor, Traffic and Parking J. Billett, Committee Administrator C. Goodeve, Committee Administrator 1.CAO-11-020 - NEW APPOINTMENT TO SAFE & HEALTHY COMMUNITY ADVISORY COMMITTEE The Committee considered Chief Administrator’s Office report CAO-11-020, dated September 13, 2011, concerning an appointment to the Safe and Healthy Community Advisory Committee. On motion by Councillor D. Glenn-Graham - it was resolved: “That Zoe Naugler be appointed to the Safe & Healthy Community Advisory Committee (Land Use Planning representative) for the term ending November 30, 2012.” 2.CSD-11-126 - DEMOLITION CONTROL APPLICATION DC11/13/Z/ATP - 86 MORGAN AVENUE - WILLIAM O’NEILL & RICHARD DEGROOT The Committee considered Community Services Department report CSD-11-126, dated September 9, 2011, recommending approval of a Demolition Control Application for 86 Morgan Avenue with conditions. Ms. D. Ross responded to questions, advising that existing zoning is in place for the proposed semi-detached dwelling and site plan approval is not required. In regard to location of the driveway and in particular its proximity to the intersection, Ms. Ross advised that the contractor at time of obtaining a building permit will be required to satisfy the City that it will be in an appropriate location and safe. Ms. Ross advised that the City cannot impose a condition to require that the existing driveway become a shared driveway; however, she agreed to raise concerns relative to the driveway location with the applicant and Traffic staff. On motion by Councillor D. Glenn-Graham - it was resolved: “That Demolition Control Application DC11/13/Z/ATP requesting permission to demolish one (1) single detached dwelling located at 86 Morgan Avenue, owned by William O’Neill and Richard DeGroot, be approved subject to the following condition: COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 72 - CITY OF KITCHENER 2.CSD-11-126 - DEMOLITION CONTROL APPLICATION DC11/13/Z/ATP - 86 MORGAN AVENUE - WILLIAM O’NEILL & RICHARD DEGROOT (CONT’D) 1) That the Applicant obtains a building permit for the proposed residential dwelling unit; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.” 3.CSD-11-125 - DEMOLITION CONTROL APPLICATION DC11/11/W/AP - 20 WESTMOUNT ROAD WEST - RIGHT ANGLE HOLDINGS The Committee considered Community Services Department report CSD-11-125, dated September 14, 2011, recommending approval of a Demolition Control Application for 20 Westmount Road West, with conditions. Ms. D. Ross responded to questions, advising that the property is zoned for the proposed density, noting that through site plan approval the number of units originally proposed at 9 is being reduced to 7 or 8 units.She added that no traffic or access issues were identified in the site plan approval process and expressed the view that Westmount Road can handle the capacity. On motion by Councillor D. Glenn-Graham - it was resolved: “That Demolition Control Application DC11/11/W/AP requesting permission to demolish one single detached dwelling, municipally addressed as 20 Westmount Road West, owned by Right Angle Holdings, be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed multiple dwelling; and, That upon satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the multiple dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.” 4.CSD-11-128 - DEMOLITION CONTROL APPLICATION DC11/009/S/GS - 79, 83 SCOTT STREET - 15, 25, 29 PEARL PLACE - 66, 68, 82 WEBER STEET EAST - RICHARD ALTVATER & SONS LTD. - TER-BUILDING INVESTMENTS LTD. - EIWO CANADIAN MANAGEMENT LTD. The Committee considered Community Services Department report CSD-11-128, dated September 13, 2011, recommending approval of a Demolition Control Application for certain properties on Scott Street, Pearl Place and Weber Street East. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 73 - CITY OF KITCHENER 4.CSD-11-128 - DEMOLITION CONTROL APPLICATION DC11/009/S/GS - 79, 83 SCOTT STREET - 15, 25, 29 PEARL PLACE - 66, 68, 82 WEBER STEET EAST - RICHARD ALTVATER & SONS LTD. - TER-BUILDING INVESTMENTS LTD. - EIWO CANADIAN MANAGEMENT LTD. (CONT’D) Ms. D. Ross responded to questions, advising that properties at 1 - 5 Israel Place are not part of the application as there are outstanding requirements under the Heritage Impact Assessment and a site plan that must be completed prior to proceeding with demolition of those properties. It was also noted that a condition of approval to complete construction within 2 years of demolition was not applied to this application as a site plan has not yet been received and therefore, the timing of development is not yet known. On motion by Councillor D. Glenn-Graham - it was resolved: “That Demolition Control Application DC11/009/S/GS requesting permission to demolish a duplex at 79 Scott Street and four single detached dwellings located at 83 Scott Street, 15 Pearl Place, 25 Pearl Place, and 29 Pearl Place, owned by Richard Altvater & Sons Ltd., Ter-Building Investments Ltd., and EIWO Canadian Management Ltd., be approved without conditions.” 5.CSD-11-130 - CITY OF KITCHENER ENDORSEMENT OF BREASTFEEDING-FRIENDLY FACILITIES The Committee considered Community Services Department report CSD-11-130 dated September 19, 2011, concerning a request to declare all facilities managed by the City of Kitchener as breastfeeding-friendly places. Ms. Denise Keelan advised that under the Ontario Human Rights Code, the rights of mothers to choose to nurse in public are clear and the proposal to make all City facilities breastfeeding- friendly is to ensure that nursing mothers feel safe and supported while attending City facilities. Ms. Keelan noted that a letter was received from the Region of Waterloo Medical Officer of Health in support of staff’s recommendation. Ms. Michelle Buckner, Waterloo Region Baby-Friendly Initiative Advisory Group, advised that their mission is to develop policy and guidelines related to the support and right of women to breastfeed in public. She stated that it is well documented that there are long term health benefits associated with breastfeeding and the Region of Waterloo Public Health encourages mothers to nurse a child for 6 months, up to 2 years. Ms. Buckner commented that community support is vital in providing an environment in which women can breastfeed in a way that they feel most dignified and comfortable and commended the City for endorsing breastfeeding- friendly facilities in all City facilities. Ms. Buckner responded to questions, advising that the symbol used in the proposed signage is universally recognized and will assist in bringing awareness to nursing mothers that City facilities are breastfeeding-friendly. On motion by Councillor Y. Fernandes - it was resolved: “WHEREAS, breastfeeding is recognized as an important way to provide food and immunologic protection for the health, growth and development of infants and children; and, WHEREAS, a mother’s decision to breastfeed her child in public is supported by the Ontario Human Rights Commission; and, WHEREAS, Waterloo Region Public Health supports the World Health Organization (WHO) and Health Canada in recommending breastfeeding for a child up to two years of age and beyond; and, COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 74 - CITY OF KITCHENER 5.CSD-11-130 - CITY OF KITCHENER ENDORSEMENT OF BREASTFEEDING-FRIENDLY FACILITIES (CONT’D) WHEREAS, there is a wide variation in public attitudes towards breastfeeding in public; THEREFORE BE IT RESOLVED that all facilities managed by the City of Kitchener be declared as breastfeeding-friendly places; and, BE IT FURTHER RESOLVED that all City of Kitchener facilities post signage, as attached to Community Services Department report CSD-11-130, to show that they are breastfeeding-friendly facilities; and, BE IT FINALLY RESOLVED that staff continue to work with Waterloo Region Baby- Friendly Initiative Advisory Group, communicating the benefits of and supporting breastfeeding in our community. ” 6.INS-11-077 - TRAFFIC CALMING - DIXON STREET The Committee considered Infrastructure Services Department report INS-11-077, dated September 22, 2011, concerning a resident’s request to relocate a speed hump from in front of his property relative to the installation of traffic calming measures on Dixon Street. Mr. K. Carmichael advised that in response to concerns raised by Mr. Tom Ayotte at the September 26, 2011 Council meeting, staff met on site with Mr. Ayotte and spoke with other neighbouring property owners. Mr. Carmichael stated that the concerns resulted from confusion in the application of the speed hump relative to location of catchbasins and the amount of clear curb spacing required. He advised that relocation of the speed hump was investigated and it was determined that it could be moved to in front of 206 and 207 Dixon Street. Mr. Carmichael noted that the property owners of 206 and 207 Dixon Street were consulted and neither has any concern with moving the speed hump to in front of their properties. Mr. Tom Ayotte was in attendance in support of the staff recommendation. It was noted in the agenda that any recommendation from the Committee concerning this matter would be considered at the special Council meeting to be held later this same date. On motion by Councillor F. Etherington - it was resolved: “That a speed hump be installed on Dixon Street in front of addresses #206 and #207.” 7.INS-11-067 - TRAFFIC CALMING - PIONEER DRIVE/BECHTEL DRIVE The Committee considered Infrastructure Services Department report INS-11-067, dated September 20, 2011 recommending the installation of traffic calming measures on Pioneer Drive/Bechtel Drive. Mr. K. Carmichael reviewed the report. Questions were raised regarding the proposed use of speed cushions, Mr. Carmichael advised that in response to concerns expressed by Fire Services regarding response times, two speed cushions will be installed on the north section of Pioneer Drive/Bechtel Drive. He stated that speed cushions are installed in a series across the width of the roadway with gaps being left between them and the edge of the road. He added that the wider axles of emergency vehicles, such as fire trucks, allows them to straddle the cushions without slowing down. He noted that while these will be the first speed cushions install in Kitchener, they are being used by other municipalities in Ontario. On motion by Councillor Y. Fernandes - it was resolved: “That five (5) speed humps, two (2) speed cushions and two (2) raised crosswalks be installed on Pioneer Drive/Bechtel Drive between Doon Village Road and Doon Village Road.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 75 - CITY OF KITCHENER 8.CSD-11-102 - SPECTATOR FACILITY REVIEW The Committee considered Community Services Department report CSD-11-102, dated September 17, 2011 regarding a proposal from the Kitchener Ranger Hockey Club (KRHC) for a 1,000 seat expansion of the Cardillo Arena at the Kitchener Memorial Auditorium Complex (The Aud). Mr. K. Baulk reviewed the history of this matter, advising that in June 2010 KRHC presented a proposal for a 3,500 seat expansion at an estimated cost of $60-65M. He stated that KRHC would have required a loan from the City repayable over 30 years and would only have been able to fund a maximum of $44M of the construction cost. Following that presentation by the KRHC, Council directed staff to develop a work plan to verify the KRHC business plan and determine what the best approach to the following three options: 1. Build a new spectator arena; 2. Expand Cardillo Arena; or, 3. Retain the current seating configuration (no expansion). Mr. Baulk advised that during this process, KRHC made a decision to change direction and began to investigate other more cost effective approaches for expanding The Aud. As a result, the Rangers are now proposing a less costly, albeit scaled down approach to address their needs. He stated that the new proposal is to add only 1,000 seats, which would increase the existing capacity for hockey including standing room to approximately 7,600-7,800. He rd outlined that the proposal encompasses: additional 3 level concourse concessions and washrooms; renovated team space including dressing room, player services, offices and retail th areas; along with a 4 level media room; and, loft suites. He added that the proposed construction timeline would run from February to November 2012, with a total cost estimated of $9.6M. He pointed out that 100% of the ticket revenue and Capital Reserve Fund (CRF) associated with expanding the seats would be used to fund the capital costs and the incremental operating expenses. Mr. Baulk stated that from the City’s perspective, the Rangers revised proposal is less costly and less risky from a timeline perspective than the rd original expansion proposal and would be fully funded by a 3 party, KRHC, who would assume cost overruns.He added that there would be additional food and beverage revenues resulting in lucrative service and supply contracts for the City, as well as additional ticket surcharges accrue to the Centre in the Square. He stated that while the revised proposal has no tax funding requirement, it assumes the City would issue the debt for the project, and then be fully repaid by the KRHC. He noted that this is a transitional solution, which would provide at least 15 years to consider and potentially plan for a larger spectator arena. Mr. Baulk advised that staff will undertake a community engagement process similar to the one undertaken for the last KRHC expansion in 2008. He stated that a neighbourhood meeting will be arranged that will be advertised using an array of communications tools. He noted that while it will focus on neighbourhood issues, the meeting will be promoted across the City to community members who may be interested in the project. He stated that staff anticipate reporting back on this matter to the November 7, 2011 Community and Infrastructure Services Committee meeting; with final approval being sought at the November 14, 2011 Council meeting. Mr. R. Hagey presented the financial implications related to KRHC’s proposal, advising that even with the reduced scope, there are still concerns related to increasing the City’s debt level beyond what has previously been planned and forecasted. He stated that the City’s current debt position is trending beyond the target thresholds for measures such as debt charges as a percent of the tax levy, debt per household, and debt to reserve ratio. He indicated that any additional debt, even debt that is fully recoverable from a third party, would worsen the City's position relative to these indicators. He further advised that at the same time, debt has been increasing City reserve levels have been decreasing. He stated that some of this is due to planned funding of initiatives and programs like equipment replacements; however, others relate to unplanned situations, such as the Gaukel Street coal tar remediation. He noted that taking on additional debt, at a time when the City already has limited flexibility, could hamper the City’s ability to respond to unforeseen circumstances. He indicated that the City issue rate is 3.25% as currently posted on the Infrastructure Ontario (IO) website. He noted that if the KRHC are eligible for lending under the IO program, their rate would be approximately 3.65%. He added that if a traditional lending market was pursued, its rates would be higher than either the IO program or City debentures. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 76 - CITY OF KITCHENER 8.CSD-11-102 - SPECTATOR FACILITY REVIEW (CONT’D) Mr. Steve Bienkowski, KRHC, presented the Rangers’ revised expansion request. He indicated that for nine straight seasons they have sold out every home game and have a confirmed waiting list for season tickets in excess of 1,300. He advised that KRHC has undertaken five previous upgrades/expansion projects at The Aud, and have paid each loan back to the City in full. He stated that KRHC traditionally uses conservative project estimates to ensure that they are able to meet their financial obligations. He added that through the revised proposal, there is a reduced risk that construction would impact their ability to play hockey. He indicated that if the construction schedule was to lengthen, they would only need to cordon off the area where the new seats were being installed. He pointed out that the existing seats would be unaffected. He then showed a video animated rendition of what the proposed expansion would look like once it is completed. He advised that the capital costs associated with this project are estimated at $9.6M, with approximately $2.6M in interest for a total cost of $12.2M over the 16-year term of the loan. He confirmed that their business model was based on the borrowing rates provided by the City and encouraged support for the staff recommendation. Mr. John Cosman, Copp & Cosman Barristers and Solicitors addressed the Committee expressing concerns regarding the proposal put forward by the KRHC and the possibility that existing season ticket holders would end up paying for the proposed expansion. He requested a copy of the presentation given by Mr. Bienkowski this date. In response to questions, Mr. Baulk advised that the Goals and Needs Feasibility Review Study confirmed a 9,700 seat venue would be an ideal size to support the needs of the KRHC. He stated that the Study indicated a larger venue could attract, on average, six to eight more event dates on an annual basis comprised of a combination of touring shows, concerts and/or major sporting events. He noted that some of those events would take place because of logistical changes to the venue, such as a higher score clock, and not the additional seats. He speculated that even if the City constructed an 18,000 seat venue, this would not serve to attract major events. He pointed out that Kitchener’s close proximity to major markets and larger venues in Toronto, Hamilton and London are limiting factors to securing more events. He advised that the Rangers account for more than 50% of The Aud’s major event days, and they are the facility’s key client. With respect to The Aud’s lifespan, Ms. C. Fletcher confirmed that KRHC’s new proposal should be a viable means of extending the expected service life of the 60-year old facility by 15-20 years. She added that regardless of whether an addition to The Aud is approved, the projected costs to maintain the facility over the next 20 years have been estimated at approximately $23M. She stated that issues, such as ice quality, would be examined as part of this project to ensure that the necessary servicing is in place to accommodate the expansion. Mr. Baulk confirmed that the project’s estimated budget of $9.6M does not include costs related to new infrastructure. He noted that those costs would be funded through The Aud’s CRF, or City’s Capital Budget. Ms. Fletcher agreed to provide details as to what is included in the City’s infrastructure costs at the November 7, 2011 Community and Infrastructure Services Committee meeting. Questions were raised as to how parking would be accommodated. Mr. Baulk advised that from an operational stand point, it would be possible to implement a shuttle service to The Aud from a Downtown parking facility; however, in terms of uptake it is unclear as to how patrons would respond. Mr. Brenkowski indicated that shuttles are used by other sports franchises to transport fans to and from stadiums and arenas, notably the Atlanta Braves. Mr. Baulk added that should the proposed 1,000 seat expansion go forward, The Aud would be 40 parking spaces short of the necessary allotment. He confirmed that this would be a non-issue if the Centennial Stadium Grandstand was removed. He agreed to confirm the timing of the staff report on the status of the Centennial Stadium Grandstand. Councillor B. Vrbanovic inquired as to what would become of the loan if for some reason KRHC decided to relocate to another municipality. Mr. Bienkowski advised that from KRHC point of view, if the City of Kitchener was willing to finance the proposed expansion, they would be comfortable including a clause in the loan agreement to indicate that if the Club were sold or relocated, the City would be immediately repaid whatever was remaining on the loan. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 77 - CITY OF KITCHENER 8.CSD-11-102 - SPECTATOR FACILITY REVIEW (CONT’D) Concerns were expressed regarding the financing of the revised proposal. Mr. R. Hagey advised that no tax funding would be required for the new proposal, as the City debt issuance would be fully repaid by the KRHC. He confirmed that while this would theoretically not have any impact on the tax base, it would still be reported as a City debt and the City would be liable to make payments, regardless of the Rangers’ ability to pay. Mr. Bienkowski indicated that KRHC is still waiting to hear back from IO as to whether the Club would be eligible to secure a loan through them without the City’s involvement. Questions were raised regarding the viability of increasing ticket prices to finance the proposed expansion. Mr. Bienkowski advised that the expansion presents no new benefits to the existing ticket holders and accordingly, their philosophy is to derive the funding for this initiative from the new users. He stated that while the market would allow for increased in ticket prices, last year prices remained the same due to an increase in corporate sponsorships. He added that it is unknown at this time how much they will charge for the new seats, which will be larger and padded; and therefore, could cost more than the existing seats. He advised that KRHC draws its attendance primarily from the Cities of Kitchener and Waterloo and confirmed that should a proposal be brought forward for another OHL team to move into this area, the current OHL By-laws give teams the ability to veto a move within an 80 km radius. Mr. Baulk agreed to report back with information on how The Aud compares to other OHL facilities in Ontario. Councillor Y. Fernandes inquired into the number of events held at The Aud that were profitable last year, other than the Rangers. Mr. Baulk stated that generally, most events held at The Aud are rentals, and as such, the City would be paid regardless of whether they were profitable. He added that it is very seldom that the City would partner on or solely buy an act. He advised that while there may be some lost revenue due to having The Aud closed for eight weeks during construction, staff and KRHC are trying to ensure that this has a limited impact. He added that The Aud is also used as a community resource venue, which is subsidized by the City; and, there could be cost savings associated with the construction-related closure. At the request of Councillor Fernandes, it was agreed that a week-by-week break down would be provided of the potential financial impact that the construction closure could have on The Aud’s revenues. Questions were raised with regards to the amount of staff time and consultant fees spent on this project over the past 15 months. Mr. Baulk advised that staff would report back with those figures and noted that the KRHC have agreed to cover 100% of the consulting fees associated with this project. In response to further questions, Mr. Hagey advised that if the City were to finance the loan, it would not impact any items currently in the Capital Forecast; only the potential to pursue debt financing for other projects that may be considered in the future. Mr. D. Chapman added that as debt trends are higher and reserve balances are lower, the City will lose its ability to address unforeseen events. Mr. Bienkowski stated that the KRHC has a contingency reserve of approximately $1.2M, which could be used to absorb over-expenditures related to the proposed expansion. Questions were raised regarding future expansion plans for The Aud once this project is completed. Mr. Bienkowski advised that if the proposed 1,000 seat expansion is approved, it would not be practical to undertake the expansion to 9,700 seats in the future. Councillor Vrbanovic commented that while the staff recommendation calls for no action to be taken at this time with respect to the construction of a new facility, he suggested that once the subject project is complete, preliminary consideration should be given to the idea of building a new facility in 20 years. Councillor Z. Janecki requested that all options, including the construction of a new facility, be presented during the public consultation process. Carried Unanimously The following motion was by all members present. On motion by Councillor B. Vrbanovic - it was resolved: COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 78 - CITY OF KITCHENER 8.CSD-11-102 - SPECTATOR FACILITY REVIEW (CONT’D) “That staff be directed to take no further action at this time on the potential of a new spectator arena for the City of Kitchener; and, That consideration of the revised expansion proposal by the Kitchener Rangers Hockey Club as outlined in Community Services Department report CSD-11-102 be tabled pending a neighbourhood meeting, public engagement, a review of the loan options and a 3rd party review of the new Kitchener Ranger Hockey Club business case; and further, That a final report updating the outcomes of the neighbourhood meeting, engagement and reviews be presented to Community and Infrastructure Services Committee on November 7, 2011.” 9.CSD-11-107 - GOLF ENTERPRISE PROPOSED 2012 MEMBERSHIP FEES The Committee considered Community Services Department report CSD-11-107, dated September 16, 2011, recommending the adoption of the 2012 golf enterprise membership fees. Mr. K. Baulk reviewed the report. A motion by Mayor C. Zehr was brought forward for consideration to adopt the golf enterprise membership fees for the 2012 golf season. At the request of Councillor K. Galloway, Mayor Zehr agreed to amend his motion to include the phrase “including the early bird rates as presented to the Community and Infrastructure Services Committee”. On motion by Mayor C. Zehr - it was resolved: “That the golf enterprise membership fees as outlined in Community Services Department report CSD-11-107, and including the early bird rates as presented to the Community and Infrastructure Services Committee, be adopted for the 2012 golf season.” 10.INS-11-051 - CITY OF KITCHENER 2010 WASTEWATER CAPACITY STUDY The Committee considered Infrastructure Services Department report INS-11-051, dated May 19, 2011, concerning results of a City-wide Sanitary Sewer System Capacity Study conducted by AECOM Canada Ltd. This report was first tabled at the Committee’s May 30, 2011 meeting and referred to this date for formal presentation. Mr. G. McTaggart advised that the City engaged the services of AECOM Canada Ltd. in November 2009 to conduct the study for the purpose of: evaluating available capacity and performance of the existing network and ability to handle future growth; identify potential constraints in the system and remediation strategies; facilitate best practices in infrastructure asset management; and provide a hydraulic computer model of the sanitary drainage system that can be operated by City staff. Mr. Devan Thomas and Ms. Jayne Harris, AECOM Canada Ltd., consultants for the project, attended in support of the staff recommendation. Mr. Thomas provided an overview of the study, highlighting: the approach to hydraulic modelling, including use of the City’s existing GIS data; model development; flow monitoring program, including rainfall response and calibration results; and capacity analysis and evaluation. Key findings identified that the existing sanitary sewer system has sufficient capacity to accommodate flows up to the 100% Kitchener Growth Management Strategy (KGMS) anticipated growth scenario; 18 specific locations were identified where existing or future flows exceed current available capacity and the hydraulic model was used to evaluate proposed upgrades, the total cost of which is estimated at $12.75M; and preferred mitigation measures were reviewed for the 18 locations identified. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 79 - CITY OF KITCHENER 10.INS-11-051 - CITY OF KITCHENER 2010 WASTEWATER CAPACITY STUDY (CONT’D) Mr. McTaggart advised that going forward it is proposed to use the calibrated hydraulic model as an integral tool in management of assets, planning improvements and responding to future development proposals; implement a program of manhole and pumping station surveys to gather missing, incomplete or inaccurate data; undertake additional temporary flow monitoring to capture larger return period rainfall events and areas outside of the latest calibration; and implement a business process designed to update and improve upon the hydraulic model. Councillor Y. Fernandes referred to the use of a 25 year design storm for the model, questioning the need and/or how the City would prepare for a 100 year storm scenario. Mr. G. McTaggart advised that a 25 year storm is categorized as an extreme event, with a 100 year storm being on the level of something similar to Hurricane Hazel. He advised that all cities design to accommodate a 25 year storm and suggested that it would be cost prohibitive and unrealistic to design the model for a 100 year storm scenario. Mr. Thomas added that while the tool is based on a 25 year storm scenario, the calibrated hydraulic model can still be used to analyse a higher level storm. Councillor Fernandes questioned how the tool will assist in determining ability of the system to handle development intensification. Mr. McTaggart advised that the primary focus of the study was to assess future development impact and it has been determined that the system can accommodate denser growth. Councillor Fernandes inquired if other cities have done a similar study. Mr. Thomas advised that the majority of larger municipalities that he works with have undertaken studies and the model is a fairly common tool for evaluating system capacity. He added that the tool provides opportunity for the City to continue to load in data to provide for greater accuracy that would not otherwise be available. Councillor Z. Janecki questioned the percentage of infiltration into the system. Ms. J. Harris advised that among the sites identified the percentage varies, with the design allowance at 2.4%; and most of the identified catchments fall within that ratio, with only the Sandrock Greenway at a higher level of 8.5%. She suggested that the infiltration levels are over all negligible. Councillor Janecki inquired how industrial land is handled. Mr. Thomas advised that it cannot be predicted as to the future development of each site and that is why it is intended to use the model to assess viability of capacity to handle new development as it becomes known. Mayor C. Zehr questioned how a new area, such as the Deer Ridge subdivision, could be shown as a potential area of concern. Ms. Harris advised that existing data was used in the study and judgement utilized in its interpretation, acknowledging that some information may be missing and the analysis/assumption in some instances may be incorrect. She noted that more data needs to be collected and as this is done the results will become more accurate. Mr. McTaggart added that the purpose of continuing flow monitoring on an ongoing basis is to go after suspect areas to determine if they are actually an area of concern. Councillor D. Glenn-Graham requested clarification of comments pertaining to leakage. Mr. Thomas advised that any time infrastructure is built there is inevitably some leakage and systems are designed for it. He added that it is when leakage levels get too high that it places constraints on capacity for growth. The calibration hydraulic model will assist in understanding the impacts by comparing to real data and helping to establish mitigating measures. Councillor Glenn-Graham inquired if the system can measure the impact of storm water run-off and help to mitigate in this instance. Mr. Thomas stated that it could be used for it; however, noted that low impact development encourages infiltration rather than conveyance. He pointed out that there are other tools available on a high level to assess the impact / benefits of low impact development and that this tool is best used as a conveyance model. Councillor Y. Fernandes questioned the cost and time taken for this study. Mr. McTaggart advised that the study was completed over a period of 1½ years at a cost of approximately $268,000. He added that the study represents initial results, with ongoing flow monitoring to continue for the purpose of updating the data to more accurately determine the condition of what is in the field. Councillor Fernandes suggested that in monitoring the City should be able to save through ability to extend out the timing of certain projects because staff will have a better handle on condition of the infrastructure. Mr. McTaggart advised that it is intended to take this work and weave it into the 10 Year Capital Forecast in conjunction with other existing programs, such as the City’s Accelerated Infrastructure Improvement Program, and out of the ordinary work would be on a case by case basis. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 80 - CITY OF KITCHENER 10.INS-11-051 - CITY OF KITCHENER 2010 WASTEWATER CAPACITY STUDY (CONT’D) On motion by Councillor B. Ioannidis - it was resolved: “That the final report regarding the findings of the City-wide Sanitary Sewer System Capacity Study conducted by AECOM Canada Ltd. consultants be accepted, and that recommendations for sanitary sewer system upgrades contained within the report be taken into consideration by staff in the capital budget’s 10-year forecast.” 11.UPDATE - VICTORIA PARK LAKE BOATHOUSE Mayor C. Zehr advised that members of Council have recently received a number of emails and phone calls concerning the Victoria Park Lake Boathouse and stated that the information most are basing their comments on is incorrect. He asked that staff provide background information on the status of the boathouse. Ms. C. Ladd advised that in Spring 2011 a decision was made to proceed with the Victoria Park Lake improvements during which the impact to the surrounding neighbourhood and to the boathouse was discussed, including: drainage of the lake for dredging and foul odours; impact to the embankments; and hoarding/fencing that will restrict pedestrian access to the boathouse facility, as well as, loading/unloading capabilities. Ms. Ladd pointed out that there is no formal agreement for use of the boathouse with Kevin Doyle, either through a lease or license agreement, but rather he is operating on a month to month basis. The City determined that it would be virtually impossible to operate the boathouse during the period of remediation and gave notice to Mr. Doyle to cease his operation by the end of September 30, 2011 to coincide with the anticipated start of construction. She stated that because of the popularity of the boathouse venue, Council directed staff to give Mr. Doyle the opportunity to continue his operation until December 31, 2011 provided he signed a Release to acknowledge the potential impact of the construction. Ms. Ladd advised that Mr. Doyle has elected voluntarily to cease his operation at the end of October 2011 for reasons unknown to City staff and there has clearly been misunderstanding among the boathouse community as to the reasons for the closure. Ms. Ladd stated that it has nothing to do with the rental rate; advising that the rental rate has not changed since 2009 and the closing of the facility is simply as a result of the impact of construction to complete the Victoria Park Lake improvements. Mayor C. Zehr stated that many references have been made to a rental fee increase from $2,000 to $4,000; however, such references are false as a rental increase has not been part of the discussions with Mr. Doyle. He added that every opportunity has been given to the operator to work with Economic Development staff and the Downtown Kitchener Business Improvement Area (BIA) to find an alternate location within the downtown or elsewhere. Mayor Zehr advised that no decision has yet been made as to the ultimate use of the boathouse once the remediation work has been completed. He added that the facility may require upgrading and these kinds of things would form part of negotiating a new lease. He commented that the boathouse is a significant venue for new music artists and it is unfortunate that this has taken on a life of its own based on incorrect information. He noted that an open house is to be held September 27th that is to focus on aspects of the remediation work for the Victoria Park lake improvements; and suggested that in the event persons attend wishing to speak to concerns regarding the boathouse that they be dealt with separately so that the primary focus is not diverted from those attending to speak to the remediation work. Councillor B. Vrbanovic questioned if there is opportunity to explore continuation of the boathouse operation beyond December 31st. Mr. G. Murphy advised that work in the lake and on the surrounding shoreline is to be done during the winter months and will be highly disruptive to the boathouse as work is taking place in and around the facility. He stated that brick work and installation of a boardwalk, together with installation of planters and landscaping affecting the embankments, will result in significant construction around the boathouse and it will be the responsibility of the contractor to do what can be done to minimize disruption to the public in general. He suggested, however, that it would be up to the business owner to determine if it is viable to continue to operate during the period of construction. Councillor Vrbanovic questioned if the City can do anything to support the local arts / culture and music community in the event Mr. Doyle chooses not to re-open his business elsewhere. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 81 - CITY OF KITCHENER 11.UPDATE - VICTORIA PARK LAKE BOATHOUSE (CONT’D) Ms. Ladd advised that a letter was sent to Mr. Doyle in August 2011 to formally extend an offer to assist him in finding a new location, with focus on the downtown and individual staff from both the Economic Development Division and the Downtown Kitchener BIA have been designated to work with Mr. Doyle. She stated that the City did not wait for Mr. Doyle to come to them but instead reached out to him to offer their assistance. She added that should he decide not to relocate, which appears to be the case at this time, staff has not yet considered what might be done in respect to an alternate venue for the arts / culture and music community. She suggested that this may be something that the Creative Enterprise Organization could assist with. Councillor Vrbanovic questioned if staff have spoken with Mr. Doyle and Ms. Ladd advised that staff have not pending this discussion and direction of Council. Councillor Vrbanovic suggested that Mr. Doyle should be contacted to clarify his position and that staff should work with the arts / culture and music community to see how something similar to the boathouse operation might be opened in the downtown. Councillor F. Etherington questioned if staff has ever negotiated a rental rate increase with Mr. Doyle or know where the dollar figure referenced came from. Ms. Ladd advised that to answer the question some information may not be appropriate for discussion in open session and suggested that if Council wishes to pursue an answer at this time that this meeting be recessed and an in-camera session held. Councillor Etherington questioned if staff believe it is still possible to work with Mr. Doyle on another venue either in the core or elsewhere. Mr. Mark Garner, Downtown Kitchener BIA, responded to the question, advising that the BIA has reached out over the past several weeks to provide potential alternate locations but Mr. Doyle has not expressed an interest. He stated that the BIA would continue to work with Mr. Doyle and has other locations that he could consider. Councillor Etherington questioned that once the remediation work is completed and an invitation is extended to receive interest in future options for the boathouse, if Mr. Doyle would be able to become involved. Ms. Ladd advised that at this time no decision has been made on a process for future use of the boathouse or the City-owned building at 79 Joseph Street. She stated that there has been significant interest in both buildings from within the business community for a variety of uses. She expressed the opinion that it would be in the City’s best interest to initiate a Request for Proposal (RFP) process; however, this would be a discussion to have with Council to determine how Council wishes to move forward. She added that Mr. Doyle would be welcome to participate in whatever process going forward; however, she noted that having been to the boathouse and seen the popularity of the business, it was her opinion that there is opportunity for his business to grow into a larger venue which could be beneficial both for the operator and the artists. Ms. Ladd further advised that there are physical issues with the boathouse building and the remediation work in Victoria Park presents opportunity to address these so that whatever it is used for in future it will be better operationally. Ms. C. Fletcher added that the boathouse was originally designed as a skate changing room and was never intended to be used as a full restaurant. In addition, the City has accessibility issues to address associated with the building, as well as problems with the washrooms, and she suggested that the construction period provides opportunity to take a step back to look at the best use of the building. Councillor Etherington clarified that references made to noise issues are also incorrect, advising that there have been no noise complaints since two years ago and he was not aware of any new complaints. He suggested that it would be helpful if Mr. Doyle would attend to speak to Council to address the concerns that have been raised. Councillor Z. Janecki questioned if official notice has been received from Mr. Doyle as to the October 31st closing date. Ms. L. MacDonald advised that she could confirm that the Release Mr. Doyle elected to sign indicates a closing date of October 31, 2011. Councillor S. Davey inquired as to the timing of completion of the remediation work in the area of the boathouse. Mr. G. Murphy advised he could not specify a completion date at this time, noting that the tender for the construction work is being issued on October 20th at which time staff will be in a better position to understand the staging of construction. He added that the overall project is anticipated to be completed in May 2012. Councillor Davey questioned if any stipulation was made as to a closing time of 11:00 p.m. in respect to the business continuing to operate to the end of December.Ms. L. MacDonald advised that there is nothing in the COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE SEPTEMBER 26, 2011 - 82 - CITY OF KITCHENER 11.UPDATE - VICTORIA PARK LAKE BOATHOUSE (CONT’D) agreement to specify an 11:00 p.m. closing time and accordingly, she did not believe such restriction was imposed. Councillor Davey questioned that in discussions concerning relocation of the business if it was made clear it was temporary pending a first right of refusal on completion of the remediation work. Mr. M. Garner advised that the focus has been on finding a permanent venue for relocation because of the opportunity for Mr. Doyle’s business to grow. Councillor Davey requested that a copy of the letter sent to Mr. Doyle in August 2011 be provided to members of Council. Councillor Fernandes questioned that once improvements are completed to the boathouse if this would result in an increase in the rental rate. Ms. Ladd advised that based on her past experience in leasing the Core Gallery to Waterloo Regional Tourism, improvements made by the City to the building were built into the lease. She reiterated that the tenancy of the boathouse is month to month and the rental rate has not increased since 2009 and the City has been fair in providing opportunities to Mr. Doyle. She suggested that a business case should be completed for review to determine the City’s opportunities for future use of the boathouse that may include the music community but at the same time weigh all options. Councillors D. Glenn-Graham and B. Ioannidis commented that notwithstanding Mr. Doyle’s business plans, it is most important to preserve the vibrancy of the arts / culture and music community within the downtown and the City should reach out to resolve this issue as expediently as possible. Mayor Zehr suggested that it would be helpful to have further update at the October 3, 2011 Council meeting and suggested that in the meantime staff contact Mr. Doyle directly to ascertain his position. He also suggested that in keeping with the comments of Councillors Glenn-Graham and Ioannidis, that staff consider how the arts / culture and music community can continue to be supported within the downtown core. On motion by Mayor C. Zehr - it was resolved: October 3, 2011Council meeting “That staff report to the to update on matters concerning the Victoria Park Lake Boathouse relative to the impact of remediation work to the lake and embankments, including: • the outcome of discussions resulting from direct contact with Mr. Kevin Doyle to determine his plans for continuation of his business operation as it relates to the Boathouse and / or intent to work with the City and the Downtown Kitchener Business Improvement Area to find an alternate location; and, • staff’s consideration as to how the City can continue to support the vibrancy of the arts / culture and music communities within the downtown notwithstanding Mr. Doyle’s business plans.” 12.ADJOURNMENT On motion, the meeting adjourned at 6:16 p.m. Janet Billett Colin Goodeve Committee Administrator Committee Administrator