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
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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,
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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
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media feeds.
ACKNOWLEDGED BY:Michael May, DCAO, Community Services
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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.
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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.
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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
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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
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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
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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
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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
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Appendix 'A'
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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;
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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;
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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COMMUNITY & INFRASTRUCTURE SERVICES COMMITTEE
Page 1 UNFINISHED BUSINESS 2018-01-08
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May 1, 2017
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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
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PLANNING & STRATEGIC INITIATIVES COMMITTEE
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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
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