General Committee Meeting Agenda

January 20, 2020 Council Chambers, City Hall

Pages

1. Closed Session - 5:30 p.m., Doris Room

1.a Resolution to meet in Closed Session

1.b Closed Session Minutes for Approval

1.b.1 December 2, 2019

1.c Disclosure of Pecuniary Interest

1.d Section 239(2)(c) A proposed or pending acquisition or disposition of land by the municipality - Chemong Road

1.e Section 239(2)(c) A proposed or pending acquisition or disposition of land by the municipality - Jameson Drive

1.f Resolution to adjourn Closed Session

2. Open Session - 6:00 p.m. Council Chambers

3. Opening of Meeting

4. Thirty Seconds of Reflection

5. National Anthem

6. Adoption of minutes:

6.a December 2, 2019 1 - 16

7. Disclosure of Pecuniary Interest

7.a Other Business Federal Licencing Submission to the CNSC by BWXT. Councillor Zippel is declaring a Pecuniary Interest as she is the co-owner of a business that consults to the nuclear industry. 8. Report of Closed Session

9. Consent Agenda for Reports and Communications The following items listed may approved by one common motion. 10.a, 10.b, 11.a, 11.b, 12.a, 12.b

10. CAO, Corporate and Legislative Services

10.a Changes to the City of Peterborough Civic Awards 17 - 19 Report CLSCLK20-001

10.b Preliminary December 31, 2019 Financial Update Report 20 - 35 Report CLSFS20-011

11. Community Services

11.a Amendments to the Parks and Facilities By-law 19-074 36 - 47 Report CSRS20-001

11.b Ecology Park Capital Campaign 48 - 52 Report CSRS20-002

12. Infrastructure and Planning Services

12.a Authorization to Renew Agreement for Metrolinx Transit Procurement 53 - 57 Initiative Report IPSTR20-002

12.b Zoning By-law Amendment - 51 Lansdowne Street West Update 58 - 71 Report IPSPL19-033B

13. Other Business

14. Adjournment 1

General Committee Minutes Council Chambers, City Hall

December 2, 2019

Present: Councillor Akapo Councillor Baldwin Councillor Beamer, Chair Councillor Clarke Councillor Parnell Councillor Pappas Councillor Riel Mayor Therrien Councillor Vassiliadis Councillor Wright Councillor Zippel

Staff: Ellen Armstrong, Manager of Social Services Sandra Clancy, Chief Administrative Officer Cynthia Fletcher, Commissioner of Infrastructure and Planning Services Richard Freymond, Commissioner of Corporate and Legislative Services Erik Hanson, Heritage Resources Coordinator Ken Hetherington, Chief of Planning Kevin Jones, Manager of Transportation John Kennedy, City Clerk Caroline Kimble, Land Use Planner Sheldon Laidman, Commissioner of Community Services Rebecca Morgan-Quinn, Manager of Housing Dorothy Olver, Homelessness Program Manager David Potts, City Solicitor/Manager of Legal Services Karen Rennie, Manager of Arts & Heritage Brendan Wedley, Manager of Communication Services

Closed Session - 5:30 p.m. Doris Room Resolution to meet in Closed Session Moved by Councillor Clarke That Council moved into Closed Session to discuss two items under Section 239(2)(c) A proposed or pending acquisition or disposition of land by the municipality or local board. Carried

1 2 General Committee Meeting Minutes of December 2, 2019

Open Session - 6:00 p.m. Council Chambers The City Council meeting was called to order at 6:00 p.m. in the Council Chambers, City Hall. Adoption of Minutes Moved by Councillor Baldwin That the General Committee minutes of November 4 and November 12, 2019 be approved. Carried

Disclosure of Pecuniary Interest Councillor Parnell declared an interest in item 12.i, Various Citizen Appointments, as her husband is recommended for an appointment to the Accessibility Advisory Committee. Councillor Parnell declared an interest in item 14.c, Residential Conversion and Intensification Grant Approval for 475 George Street North, as her son is employed on this project. Report of Closed Session Property at 967 Clonsilla Avenue Report IPSRE19-020 Moved by Councillor Pappas That Council approve the recommendation outlined in Report IPSRE19-020, dated December 2, 2019, of the Commissioner of Infrastructure and Planning Services, as follows: That, respecting the property known municipally as 967 Clonsilla Avenue, staff be authorized to proceed as outlined in closed session Report IPSRE19-020 dated December 2, 2019 of the Commissioner of Infrastructure and Planning Services. Carried

2 3 General Committee Meeting Minutes of December 2, 2019

Extension of Option on sale of 2000 Technology Drive Report IPSRE19-021 Moved by Councillor Baldwin That, respecting the lands known as 2000 Technology Drive, staff be authorized to proceed as outlined in Closed Report IPSRE19-021 dated December 2, 2019 of the Commissioner of Infrastructure and Planning Services. Carried

Consent Agenda for Reports and Communications Moved by Councillor Parnell That items 12.e, 12.g, 13.e, 13.f, and 14.b be approved as part of the Consent Agenda. Carried

Report CLSFM19-019 Increase in Capital Budget and Contract Amount Awarded to JR Certus Construction Company Ltd. for the Peterborough Operations Centre Moved by Councillor Parnell That Council approve the recommendations outlined in Report CLSFM19-019, dated December 2, 2019 of the Commissioner of Corporate and Legislative Services as follows: a) That the Capital Budget for the Peterborough Operations Centre be increased by $93,067 from $23,531,459 to $23,624,526 and that the $93,067 be transferred from the Public Works Depreciation Reserve. b) That the contract for T-19-17 with JR Certus Construction Company Ltd., 81 Zenway Boulevard, Unit #3 – 2nd Floor, Vaughan, Ontario, L4H 0S5, for the Peterborough Operations Centre, be increased by $51,644 from $21,805,943 to $21,857,587 plus HST of $2,841,487 for a total cost of $24,699,074. Carried

Report CLSCLK19-024 Update on the Code of Conduct and Integrity Commissioners Moved by Councillor Parnell That Council approve the recommendations outlined in Report CLSCLK19-024, dated December 2, 2019 of the City Clerk as follows:

3 4 General Committee Meeting Minutes of December 2, 2019 a) That Council extend the appointment of John Ewart as Integrity Commissioner for a term expiring March 31, 2022, who is assigned the advice-giving and educational functions outlined in clauses 223.3(1)4, 5, 6 and 7 of the Municipal Act, S.O. 2001, c. 25. b) That Council extend the appointment Guy Giorno as Integrity Commissioner for a term expiring March 31, 2022, who is assigned the investigative, reporting and, as applicable, inquiry functions outlined in clauses 223.3(1)1, 2 and 3 of the Municipal Act, S.O. 2001, c. 25. c) That staff be directed to schedule an education session with John Ewart and Council in the first quarter of 2020 on matters involving conflict of interest and the Code of Conduct. Carried

Report CSSS19-018 Affordable Housing Initiatives for DeafBlind Ontario, 86 Earlwood Drive Moved by Councillor Parnell That Council approve the recommendations outlined in Report CSSS19-018 dated December 2, 2019, of the Commissioner of Community Services as follows: a) That the Municipal Housing Agreement with DeafBlind Ontario Services at 86 Earlwood Drive Peterborough be amended to provide a refund of Development Charges paid for the 2018 development of 2 affordable rental units; and b) That the refund of $22,183 in Development Charges be drawn from the Housing Services Partnership Reserve. Carried

Report CSSS19-019 Assignment of the Municipal Housing Project Facilities Agreement for 716 Maryland Avenue (Maryland Place) Moved by Councillor Parnell That Council approve the recommendations outlined in Report CSSS19-019 dated December 2, 2019, of the Commissioner of Community Services as follows: a) That the City consents to the assignment of the Contribution Agreement and Municipal Housing Project Facilities Agreement at 716 Maryland Avenue Peterborough, which expires in 2026, from the seller, Maryland Place Inc., to the purchaser, TVM MARYLAND INC.;

4 5 General Committee Meeting Minutes of December 2, 2019 b) That the City, as Service Manager, request that the Ministry of Municipal Affairs and Housing assign the Provincial Contribution Agreement with Maryland Place Inc., dated March 30, 2006, for the construction of the building at 716 Maryland Avenue, to TVM MARYLAND INC c) That the Mayor and Clerk be authorized to execute documents to effect the assignment of the Contribution Agreement and Municipal Housing Project Facilities Agreement in forms acceptable to the Commissioner of Community Services and the City Solicitor; and d) That By-law 06-140 be amended to affect the assignment of the Municipal Housing Project Facilities Agreement. Carried

Report IPSPL19-030 Removal of "H" - Holding Symbol from zoning of the property at 569 Armour Road Moved by Councillor Parnell That Council approve the recommendation outlined in Report IPSPL19-030 dated December 2, 2019, of the Commissioner of Infrastructure and Planning Services, as follows:

That the property at 569 Armour Road be rezoned from SP.323 F – “H”- Residential District to SP.323 F – Residential District in accordance with Exhibit “C” attached to Report IPSPL19-030. Carried

The Mayor, as Chair of the Planning Portfolio, assumed the Chair. Public Meeting under the Planning Act Report IPSPL19-033 Zoning By-law Amendment - 51 Lansdowne Street West Caroline Kimble, Land Use Planning, provided an overview of the application. The following spoke in opposition to the application: Christina Hill, 80 Morrow Street Robert Taylor, 836 Sherburne Street No one spoke in support of the application. The applicant’s agent, Kevin M Duguay Community Planning and Consulting, and the owner, Michael Cantaro, spoke to the application.

5 6 General Committee Meeting Minutes of December 2, 2019

Moved by Councillor Wright That the matter be deferred to enable staff to have further discussions with the applicant and report to Council during the next cycle of meetings. Carried

Councillor Beamer assumed the Chair. Report CSSS19-020 Highlights of the Operational Review of Peterborough's Homelessness Response System Tracy Flaherty-Willmott, Associate Director of OrgCode Consultants Limited, made a presentation. Moved by Councillor Riel That Council endorse Report CSSS19-020 dated December 2, 2019, of the Commissioner of Community Services as follows: That the presentation by OrgCode Consulting Inc be received for information. Carried

Report CAO19-011 Future of Water and Wastewater Utility Operations Moved by Councillor Parnell

That Council approve the recommendations outlined in Report CAO19-011, dated December 2, 2019, of the Chief Administrative Officer as follows: a) That a 2020 Capital Project be created for $150,000 funded from a transfer from the Capital Levy Reserve of $75,000 and a transfer from the Wastewater Reserve Fund of $75,000; b) That a Request for Proposals be issued by the City to hire a consultant to review all the options available to the municipality to operate its water and wastewater operations, including a review of other municipal structures, a community engagement process and a report back to Council; and c) That a Steering Committee be formed including the Chair of Finance and Chair of Public Works and representation from City staff, and two members of the COPHI Board and one staff person from the Peterborough Utilities Group of companies, to evaluate the Request for Proposals submissions and guide the review.

6 7 General Committee Meeting Minutes of December 2, 2019 d) That a guiding principle for this review be, that our water assets remain publicly owned.

The Chair separated the recommendations for vote. Upon recommendation a), the motion carried. Upon recommendation b), the motion carried. Upon recommendation c), the motion lost. Upon recommendation d), the motion carried.

Moved by Councillor Pappas c) That a Steering Committee be formed including the Chair of Finance and Chair of Public Works and representation from City staff, to evaluate the Request for Proposals submissions and guide the review, and that COPHI staff be involved in a working group that advises the Steering Committee.

Carried

Report CAO19-012 Agreement Between City and County of Peterborough for Consolidated Municipal Services 2020-2024 Moved by Councillor Zippel That Council approve the recommendation outlined in Report CAO19-012 dated December 2, 2019, of the Chief Administrative Officer as follows: a) That the agreement, as amended, between the City and County of Peterborough for consolidated municipal services for the five-year term January 1, 2020 to December 31, 2024, attached as Appendix A to Report CAO19-012, be approved; b) That the name of the committee, identified in section 2.1 of the proposed agreement, be amended to the “Peterborough Regional Liaison Committee”; c) That the word “may” in the first paragraph of section 2.13, be deleted and replaced with “will”; and, d) That section 2.13 be further amended by adding e) as follows: Advice from the Peterborough Regional Liaison Committee will be referenced in the reports to each Council. Carried

7 8 General Committee Meeting Minutes of December 2, 2019

Report CAO19-013 First Year of 2018-2022 City Council Term: Council Priorities Moved by Councillor Zippel That Council approve the recommendations outlined in Report CAO19-013, dated December 2, 2019 of the Chief Administrative Officer as follows: a) That the five key priorities identified by Council in its meeting on November 29, 2018, as outlined in Report CAO10-913, be received for information. b) That the Shaping our City for the Future Strategic Framework, as set out in Appendix A, be received for information. c) That City staff report back to Council on a date for a specific session to discuss and define Council priorities for the remainder of our term. Carried

Report CAO19-014 Agreement Between City and County of Peterborough and Greater Peterborough Area Economic Development Corporation Moved by Councillor Pappas That Council approve the recommendation outlined in Report CAO19-014 dated December 2, 2019, of the Chief Administrative Officer, as follows: a) That the agreement between the City and County of Peterborough and the Greater Peterborough Area Economic Development Corporation for the four-year term January 1, 2020 to December 31, 2021, attached as Appendix A to Report CAO19-014, be approved. b) That staff review how economic development is delivered in the city and report to council at a General Committee meeting, before September 2020. c) That section 1.03 of the agreement be amended by deleting the words “him or her” and replacing with “they”.

The Mayor left the meeting at 9:10 p.m. and returned at 9:14 p.m. The Chair separated the recommendations for vote. Upon recommendation a), the motion Lost.

8 9 General Committee Meeting Minutes of December 2, 2019

Moved by Councillor Parnell a) That the agreement between the City and County of Peterborough and the Greater Peterborough Area Economic Development Corporation for the four-year term January 1, 2020 to December 31, 2023 attached as Appendix A to Report CAO19-014, be approved. Carried

Upon recommendation b), the motion carried.

Upon recommendation c), the motion carried.

The Chair recessed the meeting at 9:30 p.m. The Chair reconvened the meeting at 9:40 p.m.

Report CLSFS19-053 Municipal Accommodation Tax Financial Accountability Agreement with the Greater Peterborough Area Economic Development Corporation Moved by Councillor Pappas That Council approve the recommendation outlined in Report CLSFS19-053, dated December 2, 2019, of the Commissioner of Corporate and Legislative Services as follows:

That the Mayor and City Clerk be authorized to execute an agreement with the Greater Peterborough Area Economic Development Corporation to provide a Municipal Accommodation Tax Financial Accountability Agreement in a form acceptable to the Commissioner of Corporate and Legislative Services and the City Solicitor and substantially in the form attached as Appendix A to Report CLSFS19-053. Carried

9 10 General Committee Meeting Minutes of December 2, 2019

Report CLSCLK19-025 COPHI Director Recommendations Moved by Councillor Pappas That, if Council chooses to adopt the recommendations of COPHI's Board and its Governance and Nominating Committee respecting appointments to the Board of COPHI, as set out in Appendix A of Report CLSCLK19-025, that Council adopt the following resolution: That, notwithstanding Section 4.2 of the COPHI Shareholder Direction and Shareholder Declaration, dated July 30, 2012, Ms. Nancy Brown Andison, Ms. Louise Lalonde and Ms. Arlynn Dupuis be re-appointed to the COPHI Board for three-year terms expiring December 31, 2022. Carried

Moved by Councillor Clarke

That the Rules of Procedure be suspended to continue the meeting, to complete the agenda, past the hour of 10:00 p.m.

Carried

Report CLSCLK19-026 Various Citizen Appointments Due to her previously declared interest, Councillor Parnell did not discuss or vote on this item. Moved by Councillor Akapo That Council approve the recommendation outlined in Report CLSCLK19-026, dated December 2, 2019, of the City Clerk on behalf of the Citizen Appointment Selection Committee, to appoint the following individuals: Accessibility Advisory Committee (term to November 2023) – Dave Hurley, Phil Mechetuk, Barb Munro, and Don Parnell

Arts, Culture and Heritage Advisory Committee (term to November 2022) – Yvonne Lai Museum and Archives Advisory Committee (term to November 2023) – Emily McPhail

10 11 General Committee Meeting Minutes of December 2, 2019

Peterborough Architectural Conservation Advisory Committee (term to November 2023) – Lara Hintelmann, Elizabeth King and Simon Terry.

Carried

Report CSACH19-013 Heritage Designation of 843 Park Street South (Ovaltine Building) Moved by Councillor Clarke That Council approve the recommendations outlined in Report CSACH19-013, dated December 2, 2019, of the Commissioner of Community Services, as follows: a) That the recommendation of the Peterborough Architectural Conservation Advisory Committee (PACAC) to designate the property at 843 Park Street South as a heritage property under Part IV, Section 29 of the Ontario Heritage Act (R.S.O. 1990, c.O.18) being of “cultural heritage value or interest” be approved; and b) That Council’s intention to designate be advertised in a newspaper having general circulation in the municipality as per the Ontario Heritage Act R.S.O. 1990, c.O.18, s.29 (3); and c) That the owner of the property to be designated, and the Ontario Heritage Trust, be served with a Notice of Intention to Designate as per the Ontario Heritage Act R.S.O. 1990, c.O.18, s.29 (3).

Moved by Councillor Wright That the matter be deferred to the February cycle of meeting. Lost

Upon the main motion of Councillor Clarke, the motion carried.

Councillor Pappas left the meeting at 10:12 p.m. and returned at 10:13 p.m. Report CSSS19-015 Centralized Waiting List Services at Peterborough Housing Corporation Moved by Mayor Therrien That Council approve the recommendation included in report CSSS19-015 dated December 2, 2019 of the Commissioner of Community Services, as follows:

11 12 General Committee Meeting Minutes of December 2, 2019

That the Commissioner of Community Services be authorized to terminate the Centralized Waiting List Management agreement with Peterborough Housing Corporation for Centralized Waiting List services provided by Housing Access Peterborough as of June 30, 2020. Carried

Report CSSS19-016 Affordable Housing, 143 Rubidge Street Moved by Mayor Therrien That Council approve the recommendations outlined in Report CSSS19-016 dated December 2, 2019, of the Commissioner of Community Services as follows: a) That By-law 15-115 be amended to reflect the updated municipal address of the property owned by CB RUBIDGE INC. from 135 Rubidge Street to the current address of 143 Rubidge Street; b) That up to $100,000 in capital funding be approved for two (2) additional affordable rental units at 135 (143) Rubidge Street (CB RUBIDGE INC.), within the revised total of 6 units, using Investment in Affordable Housing Extension program funding; c) That By-law 15-116 be amended to authorize City Council to designate the entire property at 135 (143) Rubidge Street as a Municipal Housing Facility in accordance with By-law 12-094, and be exempt from property taxes levied for municipal and school purposes for a period of 10-years, aligning the term of exemption with the initial approved timeline; and d) That staff be authorized to negotiate the specific terms and conditions of legal agreements with CB RUBIDGE INC. for the provision of funding and to ensure affordable rents and selection of eligible tenants from the By-Name Priority List, in a form satisfactory to the City’s Solicitor and the Commissioner of Community Services. Carried

Report CSSS19-017 Affordable Housing, 342 Downie Street Moved by Mayor Therrien That Council approve the recommendations outlined in Report CSSS19-017 dated December 2, 2019, of the Commissioner of Community Services as follows:

12 13 General Committee Meeting Minutes of December 2, 2019 a) That up to $100,000 in capital funding be approved for two (2) additional affordable rental units at 342 Downie Street (2511514 ONTARIO INC.), within the revised total of 6 units, using Investment in Affordable Housing 2014 Extension program funding, and the provision of Municipal Housing Facility and Community Improvement Plan program for municipal fees, Development Charges and property tax incentives; and b) That staff be authorized to negotiate the specific terms and conditions of legal agreements with 2511514 ONTARIO INC. for the provision of funding and to ensure affordable rents and selection of eligible tenants from the By-Name Priority List, in a form satisfactory to the City’s Solicitor and the Commissioner of Community Services. Carried

Report CSSS19-022 Employment Services Transformation Moved by Councillor Parnell That Council approve the recommendations outlined in Report CSSS19-022, dated December 2, 2019, of the Community Services Commissioner, as follows: a) That if the municipal consortium is successful in the Call for Proposal process to plan, design and oversee delivery of Employment Services for the Muskoka-Kawarthas catchment area, and the business terms of the provincial transfer payment agreement are satisfactory to the CAO and the legal terms are satisfactory to the City Solicitor; then the CAO and Clerk be authorized to approve and execute the provincial transfer payment agreement for employment Service System Management. b) That the CAO and Clerk be authorized to execute any agreement whose terms are satisfactory to the CAO and City Solicitor necessary to establish the Service System Manager Secretariat. Carried

Moved by Councillor Akapo Report IPSTR19-028 Framework to Develop the City's new Transportation Master Plan That Council approves the recommendations outlined in Report IPSTR19-028 dated December 2, 2019, of the Commissioner, Infrastructure and Planning Services as follows: a) That the framework to develop the City’s new Transportation Master Plan, as outlined in Report IPSTR19-028 be approved;

13 14 General Committee Meeting Minutes of December 2, 2019 b) That a Request for Proposals for professional consulting services to develop a new Transportation Master Plan be issued in accordance with the City’s Procurement By-law; c) That a Steering Committee be established for the Transportation Master Plan project; d) That Councillor Akapo and Councillor Vassiliadis, as Co-Chairs of Transportation be appointed and that a member of Peterborough County Council be invited to serve on the Transportation Master Plan Project Steering Committee; and e) That the CAO be authorized to transfer up to $225,000 in additional funds and increase the project budget in the event additional funding is required to complete the project and that Administrative Staff Committee be authorized to approve up to a $225,000 amendment to the eventual award of the Request for Proposals to ensure the timelines are met. That the following revisions be included in the RFP, communication and consultation documents for the Transportation Master Plan; f) That Phase 1 of the Transportation Vision and Performance Criteria in the Work Plan will focus on;

i) consultation with the community to ensure public concerns and aspirations are consistently understood and considered in developing the vision for transportation in the City today and in the future, and in translating this vision into performance criteria for all modes.

ii) consultation with the community and Steering Committee to involve them in developing and seeking feedback on their vision for transportation in the City today and in the future. g) That the transportation vision focus on identifying the key transportation outcomes that will;

i) align with more compact, intensified and mixed-use development pattern and planned growth set out in the City’s Official Plan

ii) adapt mobility strategies that will respond to the City’s Climate Change Emergency

iii) Develop the potential of active transportation, transit, transit demand management and integrate with land use planning

iv) Contribute to a healthy community through active lifestyles, safer streets, and reduced pollution

14 15 General Committee Meeting Minutes of December 2, 2019

v) Support movement of people and goods through an efficient, integrated and multi-modal system that meets the needs of all people h) That the Key Tasks involving the Future Base Line Transportation Forecasts consider to undertake transportation model runs using planned growth forecasts for the 2031 and 2041 planning horizon years for the AM Peak, Mid-Day Peak, and PM Peak periods to provide a base line for the assessment of future Transportation Performance Criteria including private vehicle, transit and active transportation infrastructure capacity needs.

Carried

Report IPSPL19-031 Residential Conversion and Intensification Grant Approval for 475 George Street North Due to her previously declared interest, Councillor Parnell did not discuss or vote on this item. Moved by Mayor Therrien That Council approve the recommendations outlined in report IPSPL19-031 dated December 2, 2019, of the Commissioner, Infrastructure and Planning Services, as follows: a) That, respecting the property known municipally as 475 George Street North, the incentives under the Central Area Community Improvement Plan outlined in Table 1 of Report IPSPL19-031 be approved; and b) That the Mayor and Clerk be authorized to execute agreements between the City and George and Murray Development Corporation to effect the approval on terms acceptable to the Commissioner of Infrastructure and Planning Services and in forms acceptable to the City Solicitor.

Carried

Report IPSTR19-030 Parking Restrictions and Speed Limit Reduction on Edgewater Boulevard Moved by Councillor Riel That Council approves the recommendations outlined in Report IPSTR19-030 dated December 2, 2019, of the Commissioner of Infrastructure and Planning Services, as follows:

15 16 General Committee Meeting Minutes of December 2, 2019 a) That “No Parking Anytime” restrictions be implemented on both sides of Edgewater Boulevard, from Maria Street to 30 metres south of the CP Rail Crossing bridge; b) That “No Parking Anytime” restrictions be implemented on both sides of Edgewater Boulevard, from a point 30 metres north of Wallace Street to a point 100 metres north of Wallace Street; c) That a 40 km/h speed limit be implemented on Edgewater Boulevard, between Maria Street and Wallace Street; and d) That Parking By-law 09-136 be amended to support implementation of Recommendations a) and b), and By-Law 16-116 be amended to support implementation of Recommendation c). Carried

Other Business Moved by Councillor Clarke That staff report to Council on the activities of the Boundary Committee. Carried

Adjournment Moved by Councillor Pappas That this meeting adjourn at 10: 52 p.m. Carried

______John Kennedy City Clerk

______Councillor Beamer Chair

16 17

To: Members of the General Committee

From: John Kennedy, City Clerk

Meeting Date: January 20, 2020

Subject: Report CLSCLK20-001 Changes to the City of Peterborough Civic Awards

Purpose

A report to recommend that Council approve the proposed changes to the Annual Peterborough Civic Awards program.

Recommendations

That Council approve the recommendations outlined in Report CLSCLK20-001, dated January 20, 2020, of the City Clerk as follows: a) That the Holnbeck Award and the Mayor’s Youth Awards be presented as part of the annual Civic Awards evening; and, b) That the Citizen Appointment Selection Committee select the winners of the Civic Awards.

Budget and Financial Implications

The cost of the Civic Awards program is approximately $9,500 and is funded through the Clerk’s office budget. The presentation of the Holnbeck and Mayor’s Youth awards will not significantly impact the budget for this event. 18 Report CPCLK20-001 Changes to Civic Awards 2

Background

Holnbeck and Mayor’s Youth Awards

It is proposed that the Gordon and Arbie Holnbeck Award be presented at the Civic Awards event. The City County Disaster Trust Fund had contacted the City about this change and the Holnbeck family is also in support of the proposal. This award recognizes “person or persons who have enhanced the quality of life for people with disabilities through volunteer work.” This award is very much in line with the awards that the Civic Awards present annually.

It would be beneficial to present the Holnbeck Award during the Civic Awards event as it will raise the profile of the Holnbeck Award by making the presentation at a large venue with many attendees as well as local media. The Civic Awards evening also includes refreshments after the event which provides an opportunity for winners and guests to visit and network.

The Mayor’s Youth Award is presented to three individuals between the ages of 10-21 years old who reside in the City of Peterborough and who “have demonstrated an outstanding achievement that has brought positive recognition to the City of Peterborough”. These awards also align very well with the Civic Awards. The Mayor’s Youth Awards are also being proposed to be presented at the Civic Awards event for the reasons listed above for the Holnbeck Award.

Civic Awards Selection Committee

The Civic Awards Selection Committee is composed of five volunteers: two from the Arenas, Parks and Recreation Advisory Committee; two from the Arts, Culture and Heritage Advisory Committee and one from the Museum and Archives Advisory Committee. Each year members of these committees are approached for volunteers to serve on the selection committee. The applications for the Civic Awards are compiled and delivered to the Committee members prior to a meeting held at City Hall. Staff from the Clerks Office and Community Services attend the meeting to assist the Committee and to prepare a report with their recommendations for Council’s consideration.

The current structure involves the need to obtain volunteers from various committees each year who are comfortable with and have the time to participate in the selection process. While the extra work of these volunteers is greatly appreciated, staff are proposing, as the awards are Council awards, it would be more appropriate for Council members to make the recommendations on the award winners. The Citizen Appointment Selection Committee of Council is the most appropriate existing structure to perform this function. If Council is supportive of this approach this Committee would make recommendations which would then come before a Closed Session General Committee meeting for consideration by Council.

19 Report CPCLK20-001 Changes to Civic Awards 3

Summary

The proposed changes if approved by Council will ensure that all awards are presented at the Civic Awards Ceremony which will ensure a wider audience for both the Holnbeck and the Mayor’s Youth Awards.

The change to a selection committee formed of Council members is a better fit for the Civic Awards. The Citizen Appointment Selection Committee is experienced in evaluating and selecting members for advisory committees and the evaluation of Civic Award applicants will add only one meeting to the Committee schedule.

Submitted by,

John Kennedy City Clerk

Contact Name: John Kennedy, City Clerk Phone: 705-742-7777 Ext. 1799 Toll Free: 1-855-738-3755 Fax: 705-742-4138 E-Mail: [email protected] 20

To: Members of the General Committee

From: Richard Freymond Commissioner of Corporate and Legislative Services

Meeting Date: January 20, 2020 Report CLSFS20-011 Subject: Preliminary December 31, 2019 Financial Update Report

Purpose

A report to recommend the preliminary December 31, 2019 unaudited Quarterly Financial Report be received and that a new Reserve be created.

Recommendations

That Council approve the recommendations outlined in Report CLSFS20-011 dated January 20, 2020, of the Commissioner of Corporate and Legislative Services, as follows: a) That the preliminary December 31, 2019 Financial Update Report of the Operating Budget and Capital Works in Progress be received; b) That Recommendation (b) of Report IPSIM19-021 – Harper Park Subwatershed Management Study Budget, which approved a transfer of $287,500 from the 2012 Capital Budget Project #5-3.04 Rye Street Drainage Improvements and Resurfacing be reconsidered; c) That a transfer of $287,500 from the Stormwater Quality Implementation Project (2016 Capital Budget Project #5-7.03) to the Harper Park Subwatershed Management Study Project be approved; and

d) That a LED Streetlight Debt Servicing Reserve be established and funded through a $570,648 transfer from the 2019 Street Lighting operating budget. 21 Report CLSFS20-011 – 2019 Financial Update Report (Unaudited) Page 2

Budget and Financial Implications

There are no budget or financial implications to receiving the report.

The reconsidered budget transfer noted in recommendation b) pertaining to the 2012 Capital Budget Project #5-3.04 Rye Street Drainage Improvements and Resurfacing project will result in an uncommitted balance of $505,000. The $287,500 budget transfer from the Stormwater Quality Implementation Project (2016 Capital Budget Project #5- 7.03) as noted in recommendation c) will result in an uncommitted budget of $111,231. The resulting budget for the Harper Park Subwatershed Management Study will be $400,000, unchanged from recommendation a) of Report IPSIM19-021.

The 2019 Operating Budget assumed that debt would be issued to finance the LED Street Lighting replacement program. It is now anticipated that debt will be issued in 2020. Recommendation d) will set aside the monies in Reserve to pay for future debt principle and interest costs.

Background

Introduction

In the absence of a September Financial Update Report, Schedules 1 and 2 of Appendix A, attached to this report presents a preliminary financial update as of December 31, 2019 and addresses any budget transfers that have been made since the June Financial Update Report. A second, more comprehensive December financial update report will be prepared once all the 2019 financial transactions have taken place and all the year-end transfers have been completed.

Schedule 3 of Appendix A provides a preliminary update on Capital Works in Progress as of December 31, 2019.

Appendix B provides supplementary information in a graphical form that compares 2019 with the previous year. Where appropriate, budget levels have been included. The supplementary information reflects some of the key business drivers in the areas of Building and Waste Management.

Chart 1 provides a summary of key financial highlights that, by their nature, are subject to a certain amount of budget risk. The items are difficult to budget in that they are subject to influences beyond staff control. Column 5 of the chart shows the potential net impact that any excess or shortfall in revenues may have on the City’s 2019 Operating Budget. 22 Report CLSFS20-011 – 2019 Financial Update Report (Unaudited) Page 3

Operating Budget Schedule 1 of Appendix A is the Summary of Operating Revenues and Expenditures along with Schedule 2, which provides more detail of Departmental Operating Expenses and includes projections to December 31, 2019.

The schedule shows a very preliminary overall surplus of $169,429. The 2020 Draft Operating Budget has been prepared assuming a 2019 surplus of $100,000 coming forward as revenue into 2020. If the surplus is greater than $100,000, typically allocations to Unfunded Liabilities or the Capital Levy Reserve to finance future capital works would be made based on Council’s approved motions during the 2020 budget process.

Schedule 1 – Summary of Net Operating Revenue and Expenditures Supplementary Tax

All supplementary billings have been received and, based upon revenues billed, it is anticipated that the 2019 actual will be approximately $1,154,000, exceeding the $983,000 budget by approximately $171,000. 23 Report CLSFS20-011 – 2019 Financial Update Report (Unaudited) Page 4

Schedule 2 - Summary of the Departmental Net Operating Expenses

Social Services Funding

Additional Children's Services funding has been accepted under delegated authority of Section 9.1.3 of the City's Purchasing By-law 18-084.

Staff have committed to informing Council of any such additional 100% funding through subsequent quarterly financial updates. The 2019 Child Care Allocation from the Ministry of Education included some additional 100% Provincial funds that were not included in the 2019 budget. The Community-Based EarlyON Child and Family Centre Capital Program (CBEP) was set up to support local EarlyON centres to be used for capital projects, first-time equipping expenses incurred to meet building code standards or supplies to support the delivery and daily operation of programs including minor capital renovations and maintenance costs. A total of $75,107 was received by the City and must be spent by March 31, 2020.

Street Lighting Debt Reserve

The LED streetlighting program will be financed through a debt issue that will be serviced utilizing the energy cost savings resulting from the program. The debt supporting the LED Streetlighting program was not issued in 2019, although energy cost savings were realized. It is recommended that a LED Streetlight Debt Servicing Reserve be established and funded through a $570,648 transfer from the 2019 Street Lighting operating budget. The reserve could then be utilized for the initial payments of debt servicing.

Transfers from Contingency

The contingency budget is used to provide a funding source for unforeseen items that may arise during the year subsequent to budget approval, such as outside legal fees, salary wage reclassifications and employee contract settlements, and amendments to, or the creation of, operating and capital budget provisions either within staff’s delegated authority or by specific resolution of Council.

Some of the draws on contingency are made by reducing the contingency budget and increasing other budgets as required, while others are direct charges to the contingency budget.

Chart 2 summarizes the projected contingency budget activity in 2019. If all potential charges are realized, the contingency budget will be exhausted at year-end.

24 Report CLSFS20-011 – 2019 Financial Update Report (Unaudited) Page 5

Chart 2 2019 Contingency Analysis Projected for December 31, 2019

Amount Transfer Ref Description (from) to Balance 1 2019 Approved Contingency $807,457 2 Contingency budget transfers made to date ($426,783) $380,674 Transfers Recommended through this Financial 3 Update Report none Direct charges to Contingency as at December 4 30, 2019 ($185,211) 5 Other Potential Commitments ($195,463) 6 Balance Available, at year end $0

Note (1) The projected balance of Contingency yet to be expended is based upon year- end transfers as determined by Council during the 2019 budget process and potential liabilities which are yet to be recorded in the City’s books.

Harper Park Subwatershed Management Study Budget Transfer

Council approved Recommendation (b) of Report IPSIM19-021 – Harper Park Subwatershed Management Study Budget Transfer dated September 3, 2019, which approved the transfer of $287,500 from the 2012 Capital Budget Project #5-3.04 Rye Street Drainage Improvements and Resurfacing project. The recommendation is being amended to instead approve a transfer of $287,500 from the Stormwater Quality Implementation project (2016 Capital Budget Project #5-7.03).

Schedule 3 - Summary of Capital Works in Progress

Schedule 3 of Appendix A is the Summary of Capital Works in Progress and includes projects approved in the 2019 Capital Budget as well as projects previously approved that are still ongoing. The schedule presents preliminary actuals as of December 31, 2019.

Budget Creation and Transfers made under Delegated Authority of Sections 9.1.1 or 9.1.3 of the City’s Procurement By-law 18-084

Certain budget creations or transfers have been made under delegated authority as set out in Sections 9.1.1 and 9.1.3 of the City’s Procurement By-law 18-084 which state the following3

9.1.1 Other than when Section 9.1.2 applies, the Chief Administrative Officer or the Treasurer are authorized to transfer Approved Budgets, including any uncommitted General Contingency, or the Capital Levy Reserve where the net 25 Report CLSFS20-011 – 2019 Financial Update Report (Unaudited) Page 6

required transfer is equal to or less than $50,000. All such transfers will be reported in the Quarterly Financial Report.

9.1.3 The Chief Administrative Officer or the Treasurer are authorized to create a budget where 100% funding has become available, subsequent to the annual budget approval, for a specific Deliverable, and where no new full-time staff are required. All such budget creation will be reported in the Quarterly Financial Report.

Chart 3 Transfers Made under Delegated Authority

By-Law Approval 18-084 Ref Date Ref Approver Description 1 September 9.1.1 Treasurer Energy Monitoring - City Hall 23, 2019 9.1.3 A $20,000 budget was established and fully funded by the Sustainability Reserve to conduct a Level 1 Operational Efficiency & Energy Management Consulting Services Initial Stage Monitoring analysis for City Hall. 2 September 9.1.1 Treasurer Energy Monitoring – Evinrude Centre 23, 2019 9.1.3 A $20,000 budget was established and fully funded by the Sustainability Reserve to conduct a Level 1 Operational Efficiency & Energy Management Consulting Services Initial Stage Monitoring analysis for the Evinrude Centre.

4 October 9.1.1 Treasurer Commercial and General Aviation Lot 28, 2019 Preparation

The Treasurer approved a $19,300 transfer from the Capital Levy Reserve to the Commercial and General Aviation Lot Preparation Project (2018 Capital Project 5- 5.04) to fund a budget shortfall for the transportation of fill to the site.

5 November 9.1.1 Treasurer 210 Wolfe Street Accessibility Upgrades 4, 2019 9.1.3 A $114,000 budget was established and partially funded by the Enabling Accessibility Fund ($74,100) and a transfer of $39,900 from the Facilities Management Reserve to complete accessibility improvements to the 26 Report CLSFS20-011 – 2019 Financial Update Report (Unaudited) Page 7

By-Law Approval 18-084 Ref Date Ref Approver Description main entrance, customer service area, stairs and add ground floor accessible offices and a public access kiosk at the Community Services Building.

6 November 9.1.1 CAO Meade Creek Floodplain Mapping 12, 2019 The CAO approved a $4,001 transfer from the Flood Reduction Master Plan Reserve to the Meade Creek Floodplain Mapping Project to fund a budget shortfall for work performed by ORCA.

7 December 9.1.1 Treasurer City Hall – Replace Transformer 9, 2019 The Treasurer approved a $11,202 transfer from the Facilities Management Reserve to the City Hall – Replace Transformer Capital Project (2017 Capital Project 5-5.04) to fund a budget shortfall.

Submitted by,

Richard Freymond Commissioner of Corporate and Legislative Services

Contact Name: Yvette Peplinskie Manager of Financial Services Phone: 705-742-7777 Ext. 1862 Toll Free: 1-855-738-3755 Fax: 705-876-4607 E-mail: [email protected]

Attachments: Appendix A Schedule 1 Summary of Operating Revenues and Expenditures Schedule 2 Summary of the Departmental Operating Expenses Schedule 3 Capital Works in Progress by Function

Appendix B Supplemental Information 27 Appendix A

Schedule 1 City of Peterborough Summary of Net Operating Revenue and Expenditures Projected Actuals to December 31, 2019

% Projected of Projected Variance Actuals Net Total Actuals Budget vs. as a % REF Description Budget Budget Projected of Budget C1 C2 C3 C4 C5 C6 C7

1 NET REVENUES

2 Tax Levy 133,259,043 88.8% 133,574,741 315,698 100.2% 3 Supplementary Taxes 983,000 0.7% 1,154,333 171,333 117.4% 4 Payments In Lieu 3,255,577 2.2% 3,599,337 343,760 110.6% 5 COPHI Dividends 5,784,000 3.9% 5,784,000 100.0% 6 Investment Income 2,500,000 1.7% 2,500,000 100.0% 7 Casino Gaming revenues 4,000,000 2.7% 3,200,000 -800,000 80.0% 8 Other Revenues 271,000 0.2% 296,886 25,886 109.6%

9 150,052,620 100% 150,109,296 56,676 100.0%

10 NET EXPENDITURES (Schedule 2)

11 City Council 663,681 0.4% 640,475 23,206 96.5% 12 Chief Administrative Officer 18,504,985 12.3% 18,262,009 242,976 98.7% 13 Corporate and Legislative Services 7,986,954 5.3% 8,006,087 -19,133 100.2% 14 Infrastructure and Planning Services 32,467,973 21.6% 32,783,827 -315,854 101.0% 15 Community Services 21,553,028 14.4% 21,635,438 -82,410 100.4% 16 Financial Services - Other 32,812,571 21.9% 32,795,627 16,944 99.9% 17 Transfers to Organizations for Provision of Services 36,063,428 24.0% 35,759,728 303,700 99.2%

18 150,052,620 100% 149,883,191 169,429 99.9% 28

Schedule 2 City of Peterborough Departmental Operating Expenses Projected Actuals to December 31, 2019

Budget Year End Projections

Ref Service, program, transfers Net Requirement Expenditures Revenues Net Requirement $ Variance % of Net Budget Expenditures Revenues

C1 C2 C3 C4 C5 C6 C7 C8 C9 C10

1 City Council 2 Mayors Office and Council 663,681 - 663,681 640,475 - 640,475 23,206 96.50%

663,681 - 663,681 640,475 - 640,475 23,206 96.50%

3 Chief Administrative Officer 4 Office of the Chief Administrative Officer 531,540 - 531,540 528,990 528,990 2,550 99.50% 5 Communication Services 952,301 (82,427) 869,874 948,075 (122,250) 825,825 44,049 94.90% 6 Fire Services 17,327,212 (682,956) 16,644,256 17,257,620 (755,140) 16,502,480 141,776 99.10% 7 Emergency and Risk Management 489,915 (30,600) 459,315 440,760 (36,046) 404,714 54,601 88.10%

19,300,968 (795,983) 18,504,985 19,175,445 (913,436) 18,262,009 242,976 98.70%

8 Corporate and Legislative Services 9 City Clerk 1,063,728 (335,290) 728,438 1,095,339 (379,930) 715,409 13,030 98.20% 10 Financial Services 2,289,160 (239,750) 2,049,410 2,285,814 (253,000) 2,032,814 16,596 99.20% 11 Facilities Management 2,294,931 (1,187,449) 1,107,482 2,245,822 (1,186,774) 1,059,048 48,434 95.60% 12 Facilities and Planning Initiatives 137,245 137,245 137,395 137,395 (150) 100.10% 13 Human Resources 1,139,204 - 1,139,204 1,034,658 1,034,658 104,546 90.80% 14 Information Technology 2,708,656 (83,479) 2,625,177 2,886,647 (93,670) 2,792,977 (167,800) 106.40% 15 Legal Services 2,047,978 (1,847,980) 199,998 1,789,833 (1,556,046) 233,787 (33,789) 116.90%

16 11,680,902 (3,693,948) 7,986,954 11,475,507 (3,469,420) 8,006,087 (19,133) 100.20%

17 Infrastructure and Planning Services 18 Office of IPS Commissioner 406,796 (134,301) 272,495 334,480 (134,301) 200,179 72,316 73.50% 19 Planning 1,902,939 (178,500) 1,724,439 2,081,892 (230,020) 1,851,872 (127,433) 107.40% 20 Building Services 2,413,303 (1,946,845) 466,458 2,293,080 (1,810,370) 482,710 (16,252) 103.50% 21 Airport 3,312,752 (890,510) 2,422,242 3,062,555 (755,580) 2,306,975 115,267 95.20% 22 Infrastructure Managment 2,121,419 (1,329,812) 791,607 1,980,328 (1,132,046) 848,282 (56,675) 107.20% 23 Engineering, Construction and Public Works 14,564,432 (3,326,992) 11,237,440 14,015,595 (2,486,345) 11,529,250 (291,810) 102.60% 24 Transportation 20,928,864 (10,529,388) 10,399,476 21,067,793 (10,520,880) 10,546,913 (147,437) 101.40% 25 Environmental Services 26,619,184 (21,465,368) 5,153,816 25,865,623 (20,847,977) 5,017,646 136,170 97.40%

26 72,269,689 (39,801,716) 32,467,973 70,701,346 (37,917,519) 32,783,827 (315,854) 101.00%

27 Community Services 28 Community Services Administration 1,916,283 (47,930) 1,868,353 1,806,026 (35,950) 1,770,076 98,277 94.70% 29 Arts, Culture and Heritage 5,115,246 (312,592) 4,802,654 5,078,542 (318,269) 4,760,273 42,381 99.10% 30 Arenas 6,285,191 (3,981,022) 2,304,169 6,543,310 (3,752,610) 2,790,700 (486,531) 121.10% 31 Recreation 4,689,302 (3,711,590) 977,712 4,508,420 (3,626,229) 882,191 95,521 90.20% 32 Social Services 85,197,103 (73,596,963) 11,600,140 88,702,304 (77,270,107) 11,432,197 167,943 98.60%

33 103,203,125 (81,650,097) 21,553,028 106,638,603 (85,003,165) 21,635,438 (82,410) 100.40% 29

Schedule 2 City of Peterborough Departmental Operating Expenses Projected Actuals to December 31, 2019

Budget Year End Projections

Ref Service, program, transfers Net Requirement Expenditures Revenues Net Requirement $ Variance % of Net Budget Expenditures Revenues

C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 34 Financial Services - Other Financial 35 Tax-supported debt servicing charges 11,769,235 11,769,235 11,769,235 11,769,235 - 100.00% 36 Capital Levy 9,535,480 9,535,480 9,535,480 9,535,480 - 100.00% 37 Transfers to/from Reserves 9,490,000 (2,500,000) 6,990,000 9,490,000 (2,500,000) 6,990,000 - 100.00% 38 Property Taxation Costs 2,935,895 2,935,895 2,936,406 2,936,406 (511) 100.00% 39 Other Expenditures 1,201,287 1,201,287 1,183,832 1,183,832 17,455 98.50% 40 Contingency 380,674 - 380,674 380,674 380,674 - 100.00%

41 35,312,571 (2,500,000) 32,812,571 35,295,627 (2,500,000) 32,795,627 16,944 99.90%

42 Transfers to Organizations for Provision of Services 43 Police Services 29,401,763 (3,725,052) 25,676,711 29,604,741 (4,231,730) 25,373,011 303,700 98.80% 44 Ptbo County/City Paramedics Service 5,370,226 (545,678) 4,824,548 5,370,226 (545,678) 4,824,548 - 100.00% 45 Fairhaven Debt and Operating Support 1,795,741 1,795,741 1,795,741 1,795,741 - 100.00% 46 Peterborough Public Health 1,330,450 1,330,450 1,330,450 1,330,450 - 100.00% 47 Ptbo & Kawarthas Economic Development 989,880 989,880 989,880 989,880 - 100.00% 48 Otonabee Region Conservation Authority 770,038 770,038 770,038 770,038 - 100.00% 49 Peterborough Humane Society 365,194 365,194 365,194 365,194 - 100.00% 50 Downtown Business Improvement Area 150,000 150,000 150,000 150,000 - 100.00% 51 Primary Healthcare Services 20,866 20,866 20,866 20,866 - 100.00% 52 Greater Peterborough Innovation Cluster 140,000 140,000 140,000 140,000 - 100.00%

53 40,334,158 (4,270,730) 36,063,428 40,537,136 (4,777,408) 35,759,728 303,700 99.20%

54 Total expenditures 282,765,094 (132,712,474) 150,052,620 284,464,139 (134,580,947) 149,883,191 169,429 99.90% 30

Schedule 3 City of Peterborough Capital Works in Progress by Function Projected Actuals to December 31, 2019

Total Project Gross Expenditures Gross Expenditures Other Net Expenditures Project Description Number of Active Budgets Paid & Committed Compared to Gross Expenditures Revenues or Net Project as a % Approved Capital Projects To Date Budget As a % Recoveries Expenditures of Budget Budget Remaining (Over) Under To Budget (Unfinanced Expenditures)

C1 C2 C3 C4 C5 C6 C7 C8 C9 C10

Chief Administrative Officer

Fire Services 8 1,427,975 1,089,633 338,343 76.00% (13,839) 1,075,794 75.30% 352,182

Emergency Management 0 - - - #DIV/0! - - 0.00% -

Total 8 1,427,975 1,089,633 338,343 76.00% (13,839) 1,075,794 75.30% 352,182

Corporate and Legislative Services

Facilities Management 47 16,455,393 14,206,022 2,249,373 86.00% 277,440 14,483,460 88.00% 1,971,933

Facilities and Planning Initiatives 8 7,178,329 6,566,903 611,426 91.00% (0) 6,566,903 91.50% 611,426

Information Technology 15 5,453,047 2,418,345 3,034,702 44.00% 146,408 2,564,754 47.00% 2,888,294

Other 22 17,453,338 13,915,348 3,537,990 80.00% (160,912) 13,754,437 78.80% 3,698,901

Total 92 46,540,107 37,106,618 9,433,491 80.00% 262,936 37,369,554 80.30% 9,170,554

Page 1 of 4 31

Schedule 3 City of Peterborough Capital Works in Progress by Function Projected Actuals to December 31, 2019

C1 C2 C3 C4 C5 C6 C7 C8 C9 C10

Infrastructure and Planning Services

Planning 25 20,837,198 11,178,465 9,658,732 54.00% (3,817,676) 7,360,789 35.30% 13,476,409

Growth Areas 12 3,146,603 1,006,608 2,139,995 32.00% (33,333) 973,274 30.90% 2,173,329

Industrial Parks 5 10,565,307 8,052,557 2,512,751 76.00% (79,164) 7,973,392 75.50% 2,591,915

Building 2 130,000 21,044 108,956 - 21,044 16.20% 108,956

Airport F17414 14,479,575 9,776,397 4,703,180 68.00% 324,581 10,100,978 69.80% 4,378,598

Flood Reduction Master Plan Projects 30 80,920,437 52,866,151 28,054,285 65.00% (208,096) 52,658,055 65.10% 28,262,382

Geomatics/Mapping 6 1,646,000 1,049,500 596,500 64.00% - 1,049,500 63.80% 596,500

Infrastructure and Planning Services - Administration F19517 6,075,000 5,143,468 931,531 85.00% (1,562) 5,141,907 84.60% 933,093

Arterial 20 76,388,886 61,537,976 14,850,911 81.00% 1,272,572 62,810,545 82.20% 13,578,341

Collector & Local 9 24,089,821 22,785,840 1,303,982 95.00% - 22,785,839 94.60% 1,303,982

Bridges 8 4,403,152 574,815 3,828,338 13.00% - 574,814 13.10% 3,828,338

Sidewalks 10 5,719,477 3,651,382 2,068,096 64.00% 1,496,073 5,147,454 90.00% 572,023

Sanitary Sewers 9 10,610,000 5,090,910 5,519,090 48.00% (5,421) 5,085,489 47.90% 5,524,511

Storm Sewers 6 3,226,476 2,469,568 756,908 77.00% (0) 2,469,568 76.50% 756,908

Public Works 14 34,210,098 31,272,844 2,937,255 91.00% (162,760) 31, 110,084 90.90% 3,100,014

Transit 15 11,950,480 10,314,599 1,635,881 86.00% (153,480) 10,161,119 85.00% 1,789,361

Parking 5 698,385 205,466 492,919 29.00% (6,668) 198,798 28.50% 499,587

Page 2 of 4 32

Schedule 3 City of Peterborough Capital Works in Progress by Function Projected Actuals to December 31, 2019

C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 Traffic 16 4,487,298 1,570,805 2,916,492 35.00% 1 1,570,807 35.00% 2,916,491

Transportation Planning 5 2,866,912 2,347,579 519,333 82.00% (0) 2,347,579 81.90% 519,333

Environmental Services 13 11,871,987 9,034,901 2,837,085 76.00% - 9,034,902 76.10% 2,837,085

Waste Management 10 27,889,086 8,599,163 19,289,922 31.00% (174,000) 8,425,164 30.20% 19,463,922

Total 220 356,212,178 248,550,037 107,662,142 70.00% (1,548,934) 247,001,101 69.30% 109,211,078

Page 3 of 4 33 Schedule 3 City of Peterborough Capital Works in Progress by Function Projected Actuals to December 31, 2019

C1 C2 C3 C4 C5 C6 C7 C8 C9 C10

Community Services

Administration 14 2,785,322 2,403,228 382,094 86.00% (237,456) 2,165,772 77.80% 619,550

Arts Culture & Heritage 6 819,485 523,578 295,908 64.00% - 523,577 63.90% 295,908

Museum 1 75,000 78,061 (3,061) 104.00% - 78,061 104.10% (3,061)

Library 0 - - - 0.00% - - 0.00% -

Art Gallery 1 100,000 21,000 79,000 - 21,000 21.00% 79,000

Arenas 14 6,476,205 4,857,820 1,618,386 75.00% 284,428 5,142,247 79.40% 1,333,958

Memorial Centre 3 449,018 411,181 37,836 92.00% (22,164) 389,018 86.60% 60,000

Marina 3 35,567 32,594 2,973 92.00% - 32,594 91.60% 2,973

Recreation 13 3,159,575 3,714,708 (555,133) 118.00% (924,569) 2,790,140 88.30% 369,435

Social Services 5 16,436,400 8,974,455 7,461,945 54.60% - 8,974,455 54.60% 7,461,945

Total 60 30,336,572 21,016,625 9,319,948 69.00% (899,760) 20,116,864 66.30% 10,219,708

Police 6 1,626,880 1,539,992 86,888 95.00% (141,332) 1,398,660 86.00% 228,220

Grand Total 386 436,143,712 309,302,905 126,840,812 71.00% (2,340,930) 306,961,973 70.40% 129,181,742

Page 4 of 4 34 Appendix B

Building

Building Permits - Dwelling Units Estimated Value of Construction - Dwelling Units

50 36

45 33 30 40 27 35 24 30 21

25 18

20 15 Dollars (Millions) Dollars Number of Permits 12 15 9 10 6 5 3 - - JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC

2018 2019 2018 2019

Building Permits - ICI Sector (Industrial/Commercial/Institutional) Estimated Value of Construction - ICI Sector (Industrial/Commercial/Institutional)

40 50

30 20

Dollars (Millions) Dollars 20 Number of Permits

- JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC - JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC

2018 2019 2018 2019 35

Waste Management

Recycling - City Blue Box Program Landfill Recyclables - Received as Garbage but Diverted 1,200

1,000 1,000

800 800

600 600 Tonnes

Tonnes 400 400

200 200

- JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC 0 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC

2018 2019 Forecast 2018 2019

Garbage

6,000

5,000

4,000

3,000 Tonnes

2,000

1,000

- JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC

2018 2019 Forecast 36

To: Members of the General Committee

From: Sheldon Laidman, Commissioner of Community Services

Meeting Date: January 20, 2020

Subject: Report CSRS20-001 Amendments to the Parks and Facilities By-law 19-074

Purpose

A report to recommend an amendment to the Parks and Facilities By-law 19-074.

Recommendation

That Council approve the recommendation outlined in Report CSRS20-001, dated January 20, 2020, of the Commissioner of Community Services, as recommended by the Arenas Parks and Recreation Advisory Committee, as follows:

That a by-law be enacted to amend the Parks and Facilities By-law 19-074 in the form of a by-law attached as Appendix “B” to Report CSRS20-001.

Budget and Financial Implications

There are no budgetary or financial implications associated with the recommendations in this report.

Background

As per the recommendation of Report CSD19-013 dated August 12, 2019, Council passed the Parks and Facilities By-law 19-074, being a by-law that regulates and promotes responsible, shared use and enjoyment of parks and related facilities.

Upon approval of the By-law on August 12, 2019, Council added the following recommendations to report CSD19-013:

37 Report CSRS20-001 Amendments to the Parks and Facilities By-Law 19-074 Page 2 a) That following the passing of the proposed Parks and Facilities By-law at Council’s August 12, 2019 special meeting, staff consult with the City’s Arenas Parks and Recreation Advisory Committee respecting any potential refinements to the By-law including, without limitation, respecting hours of operation for named City Parks and respecting the activities that require a permit, activities that are prohibited and activities that are permitted but subject to conditions and restrictions; b) That Staff report to General Committee by January 31, 2020 respecting the Parks and Facilities By-law following consultation with the Arenas Parks and Recreation Advisory Committee; and c) That paragraph 10.a of the proposed Parks and Facilities By-law attached as Appendix “A” to report CSD19-013 be amended by deleting “11:00 pm” and inserting “2:00 am.”

On November 26, 2019, City staff including the City Solicitor attended the Arenas Parks and Recreation Advisory Committee (APRAC) to provide an overview of By-law 19-074, and to consult with members of APRAC as directed by Council. Each clause of By-law 19-074 was reviewed in detail, with opportunity given for APRAC members to ask questions and provide comment.

APRAC recommended that the By-law’s prohibition on killing or injuring animals be scoped to permit fishing as a permitted activity subject to conditions.

Staff have also noted that the staff position title referenced in clause 9.j)xiv) needs to be updated from “Manager, Peterborough Memorial Centre”, to “Arena Division Manager”.

Attached as Appendix “A” to this report, are the proposed edits to By-law 19-074 in marked text.

In keeping with APRAC’s direction, Staff recommends an amending by-law be enacted to facilitate the amendments recommended above. Attached as Appendix “B” is the proposed draft amending by-law.

Submitted by,

Sheldon Laidman Commissioner of Community Services

Contact Name:

38 Report CSRS20-001 Amendments to the Parks and Facilities By-Law 19-074 Page 3

Rob Anderson Recreation Division Coordinator Phone: 705-742-7777 Ext. 1833 Toll Free: 1-855-738-3755 Fax: 705-748-8824 E-Mail: [email protected]

Attachments: Appendix A: Proposed Amendments to By-law 19-074 Appendix B: Proposed Draft Amending By-law

39 Appendix A to Report CSRS20-001 DRAFT

The Corporation of the City of Peterborough

By-Law Number 19-074 (As Amended By 19-090 and By-law 20-xxx)

Being a by-law to regulate and to promote responsible, shared use and enjoyment of parks and related facilities

Whereas Council considers it appropriate to protect, maintain and enhance its parks, open spaces and other publicly-owned land and related facilities for the safety and shared enjoyment of members of the public and to protect and enhance the natural environment.

Now therefore, The Corporation of the City of Peterborough by its Council hereby enacts as follows:

Short Title 1. This By-Law may be referred to as the "Parks and Facilities By-law". Interpretation 2. A reference to any statute, regulation or by-law refers to that enactment as it may be amended or replaced from time to time. 3. Unless otherwise stated, a reference to a section, paragraph, clause or schedule is a reference to this By-law’s section, paragraph, clause or schedule. 4. The headings in this By-law are for convenience only and do not form part of this By- law. 5. If any part of this By-law is determined to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid. 6. Subject to section 7, in the event of any inconsistency between a provision of this By-law and of any other by-law related to Parks, the provision that more restrictively regulates prevails to the extent of the inconsistency. 7. Where a trespass notice may be given pursuant to this By-law and pursuant to another by-law, the trespass notice may be given either pursuant to this By-law or pursuant to the other by-law. 8. This By-law does not restrict any activity by or on behalf of the City. 9. In this By-law: a) “Administrative Staff Committee” means the committee comprised of the following City staff: i) CAO; ii) Commissioner of Community Services; iii) Commissioner of Corporate and Legislative Services; iv) Commissioner of Infrastructure and Planning Services; v) Manager, Communications Services; vi) City Clerk; and vii) City Solicitor. b) “Alcoholic beverage” means spirits, liquor, beer, wine or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage alone or in combination with any other substance. c) “Animal” means any member of the animal kingdom other than a human and includes birds. 40 Appendix A to Report CSRS20-001

d) “By-law” means this By-law including its Schedule A. e) “CAO” means the City’s Chief Administrative Officer. f) “City” means The Corporation of the City of Peterborough or the geographic area of the City of Peterborough as the context requires. g) “Council” means the City’s Council. h) “County” means The Corporation of the County of Peterborough. i) “Facilities” means improvements, buildings and structures constructed within Parks by, on behalf of or for the benefit of the City including arenas and recreational facilities. j) “Manager” means any of the following City staff: i) CAO; ii) City Clerk; iii) Commissioner of Community Services; iv) Commissioner of Infrastructure and Planning Services; v) Recreation Coordinator; vi) Supervisor, Parks and Forestry; vii) Coordinator, Marina Operations; viii) Manager, Social Services; ix) Manager, Public Works; x) Supervisor, Public Works; xi) Each Foreperson/Foreman employed in the City’s Public Works Division; xii) Facility Manager, Peterborough Sport and Wellness Centre; xiii) Facility Manager, Peterborough Memorial Centre; xiv) Manager, Peterborough Memorial CentreArena Division Manager; xv) Community Arena Operations Manager; xvi) Manager, Peterborough Museum; and xvii) Manager, Art Gallery of Peterborough. k) “Officer” means i) the Manager; ii) each person from time to time appointed as a municipal law enforcement officer to enforce all or any of the City’s by-laws; iii) each assistant to the Fire Marshal employed by the City; and iv) a police officer employed by Peterborough Police Service, the Ontario Provincial Police or the Royal Canadian Mounted Police; l) “Park” means land owned or leased by the City to which members of the public, subject to this By-law, have access for recreation and related purposes including: i) pathways; ii) playgrounds; iii) sports fields; iv) trails; and v) the areas described in Schedule “A” and includes Facilities.

By-law 19-074 Page 2 41 Appendix A to Report CSRS20-001

Access to Parks 10. No person may: a) subject to section 11, be in any of the Parks described in Schedule “A” between the hours of 2:00 a.m. and 5:00 a.m. except as a participant or a spectator of an event approved by the Manager and only during such event; or b) be in any Park or part of a Park where a sign prohibiting admittance or trespassing is displayed or where admission is otherwise prohibited or restricted. 11. Paragraph 10.a) does not prevent a person from being on a pathway or a trail within a Park for the sole purpose of traversing that part of the Park.

Activities Requiring a Permit 12. No person may, in a Park and without a permit issued by the Manager: a) sell, or offer, expose or advertise for sale any i) food or drink ii) goods, wares or merchandise iii) art, skill or service; b) practise, carry on, conduct or solicit for any trade, calling, business or occupation; c) have in the person’s possession any Alcoholic Beverage; d) ignite, discharge or set off any fireworks; e) light any open air fire; f) erect or be within a structure, hut or tent; g) discharge, dump or leave any construction material, earth, dirt, rock, snow, stone or any other materials; h) play any organized team sport; or i) use a public address system or other device or equipment for amplifying sounds. 13. Where the CAO, in consultation with any of the Commissioner of Community Services, the Manager, Social Services or the Manager, Public Works, is satisfied that the number of locally available shelter beds is less than the number of individuals in need of shelter, the CAO may permit such individuals to erect and be within temporary structures, huts or tents in a Park without a permit otherwise required by paragraph 12.f) for such time and subject to such conditions and restrictions as the CAO may from time to time establish.

Activities Subject to Specific Rules 14. No person may, in a Park, do any of the following except pursuant to conditions and restrictions that may from time to time be established by the Manager: a) transport across, launch or beach a boat; b) undertake any maintenance activities or alter existing grounds or Facilities; c) leave or deposit any waste; d) cook food; e) engage in any sport or similar activity; f) possess or use a bow, arrow, pellet gun or airsoft gun; g) ride a bicycle; h) use a skateboard, rollerblades or roller skates; i) skate; j) swim, wade or bathe; k) drive, park or stop a motorized vehicle; or l) operate a motor-driven model airplane, helicopter, drone, rocket or boat.; or

By-law 19-074 Page 3 42 Appendix A to Report CSRS20-001

m) fish. Protection of Parks for Public Use 15. No person may, in a Park: a) contravene any law of Canada, Ontario or of the City; b) engage in loud, threatening, abusive, insulting or indecent language; c) engage in any activity so as to interfere with or become a nuisance to the general public; d) cut, climb, break, injure, deface, disturb or remove any property including: i) a tree, shrub, bush, flower, plant, grass, wood, soil, sand, rock or gravel; ii) a building, cage, pen or monument; e) mark or write upon, damage or otherwise injure any property of the City including: i) any part of the interior or exterior of a building; ii) any monument, fence, bench or other structure; f) throw a stone or other object that may cause injury or damage to any person or to property; g) climb, walk or sit upon any wall, fence, monument or fountain; h) subject to paragraph 14.m), disturb, injure, wound, hunt, trap, attempt to kill or kill any Animal; i) touch, interfere with, remove or injure any bird’s nest, the eggs or the young birds contained therein; j) provide, cause to be provided, deposit or leave any food that may be used by an Animal; k) deposit or leave any paint, grease, oil, offal or any matter that is or could be dangerous to members of the public or to Animals; l) scatter any paper, cardboard or any other material; m) wash, clean, polish, service, maintain or repair any motorized vehicle; or n) instruct, teach or coach any person in the driving or operation of a motorized vehicle.

Protecting Parks Against Encroachments 16. No owner or occupier of land adjacent to a Park may cause, permit or continue any activity or thing on such land that encroaches onto or into the Park including: a) planting any vegetation including any hedge, tree, shrub or garden; b) construction, installation or maintenance of any structure or thing including any fence, storage shed or retaining wall; c) keeping any composting receptacle or pile; or d) placement of any string, wire, chain, rope or similar material.

Delegation 17. The Manager may do such things as the Manager considers appropriate in the administration of this By-law including: a) determining the Parks or parts of Parks to which access is prohibited pursuant to paragraph 10.b); b) issuing, refusing to issue, establishing conditions for, suspending and revoking a permit contemplated by section 12; c) making the determinations as to whether the Manager is permitted to and should exercise the Manager’s authority pursuant to section 13 and establishing from time to time the conditions and restrictions related to any exercise of the authority;

By-law 19-074 Page 4 43 Appendix A to Report CSRS20-001

d) establishing rules for and restrictions on any activity contemplated by section 14; and e) collecting fees from time to time established by Council in relation to Parks. 18. If there is any disagreement between a Manager as to whether or how a power delegated to the Manager pursuant to this By-law should be exercised, the determination of the CAO prevails to the extent of the disagreement. 19. A majority of the members of the Administrative Staff Committee may, from time to time, approve amendments to Schedule A to this By-law to add, amend or delete the names of Parks listed therein. The CAO and the City Clerk may pass a by-law of the City to effect approved amendments to Schedule A to this By-law. 20. It is Council’s opinion that any legislative power delegated pursuant to this By-law is of a minor nature having regard to the number of people, the size of geographic area and the time period affected by an exercise of the power. 21. The CAO may execute on the City’s behalf an agreement with the County on terms acceptable to the CAO in a form acceptable to the City Solicitor pursuant to which the City undertakes administration and enforcement of matters related to parks and other lands owned or leased by the County. 22. Subject to section 18, any decision by the Manager pursuant to this By-law is final and not subject to review including review by any Court.

Enforcement 23. If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may a) make an order requiring the person who contravened this By-law to discontinue the contravening activity; b) make an order requiring the person who contravened this By-law to do work to correct the contravention; and c) issue a trespass notice to the person prohibiting access to a Park for a period not exceeding six (6) months. 24. Without limiting section 26, each person to whom an order is given pursuant to section 23 and who fails to comply with the order is guilty of an offence. 25. Without limiting sections 24 and 26, if an Officer is satisfied that a person to whom an order has been given pursuant to section 23 has failed to comply with the order, the Officer may cause to be done the work set out in the order at the person’s expense. 26. Each person who contravenes this By-law is guilty of an offence and, upon conviction, is liable to a fine of no less than $200 and no more than $10,000 for each day or part of a day on which the offence commences or continues.

General 27. Any order or notice to be given to a person pursuant to section 23 is sufficiently given: a) when given verbally to the person; b) when delivered in writing to the person; c) on the third (3rd) day after it is sent by regular lettermail to the person’s last known address; or d) when sent to the person by e-mail or other means of electronic transmission.

By-law 19-074 Page 5 44 Appendix A to Report CSRS20-001

28. No proceeding for damages or otherwise may be commenced against the City, a member of Council or an officer, employee or agent of the City or a person acting under the instructions of the officer, employee or agent for any act done in good faith in the performance or intended performance of a duty or authority under this By-law or for any alleged neglect or default in the performance in good faith of the duty or authority.

By-law read a first, second and third time this 12th day of August, 2019.

(Sgd.) Diane Therrien, Mayor

(Sgd.) John Kennedy, City Clerk

By-law 19-074 Page 6 45 Appendix A to Report CSRS20-001

Schedule A – Parks

Each of the following areas is a “Park” for the purposes of clause 9.l)v) of this By-law:

Park Name Municipal Address 1 Applewood Park 18 Applewood Ct 2 Ashburnham Memorial Park 300 Hunter St E 3 Auburn Reach Park 1050 Water St 4 Barlesan and Leighton Park 1351 Leighton Rd 5 Barnardo Park 955 Barnardo Av 6 Bears Creek Common Park 106 Marina Bv 7 Bears Creek Gardens Park 95 Marina Bv 8 Bears Creek Woods Park 1210 Franklin Dr 9 Beavermead Park 2011 Ashburnham Dr 10 Blodgett Park 1306 Sandalwood Dr 11 Bonnerworth Park 560 McDonnel St 12 Bowers Park 765 Brealey Dr 13 Bridlewood Park 1648 Ramblewood Dr 14 Brinton Carpet Park 160 Braidwood Av 15 Burnham Point Park 64 Edgewater Bv 16 Cameron Tot Lot Park 569 Barnes Cr 17 Cedargrove Park 1220 Sherbrooke St 18 Centennial Park 14 Cartier Ct 19 Chelsea Gardens Park 964 Southlawn Dr 20 Chemong and Sunset Park 916 Chemong Rd 21 Collison Park 475 Southpark Dr 22 Confederation Square Park 501 George St N 23 Corrigan Park 602 Corrigan Cr 24 Corrigan Hill Park 611 Corrigan Hill Rd 25 Dainard Park 914 Dainard Dr 26 Del Crary Park 100 George St N 27 Denne Park 210 Denne Cr 28 Dixon Park 120 Benson Av 29 Dominion Park 342 Dominion Cr 30 Earlwood Park 52 Earlwood Dr 31 Eastgate Memorial Park 2150 Ashburnham Dr 32 Edmison Heights Park 1030 Glebemount Cr 33 Fairbairn and Poplar Park 890 Fairbairn St 34 Farmcrest Park 1900 Ashburnham Dr 35 Fisher Park 246 Milroy Dr 36 Fleming Park 431 Aylmer St N 37 Franklin and Hilliard Park 1201 Franklin Dr 38 Giles Park 1280 Brealey Dr 39 Glenn Pagett Park 827 Stocker Rd 40 Golfview Heights Park 921 Whitefield Dr 41 Goose Pond Park 622 Water St 42 Grove Park 714 Barbara Cr 43 Hamilton Park 575 Bonaccord St 44 Harper Park 601 Harper Rd 45 Hastings Park 690 Hastings Av 46 Hilliard Greenbelt Park 940 Oriole Dr 47 Humber Park 592 Humber Rd 48 Inverlea Park 18 Dennistoun Av 49 Jackson Park 610 Parkhill Rd W 50 James Stevenson Park 325 Burnham St 51 John Taylor Memorial Park 500 McKellar St 52 Johnson Park 2077 Ashburnham Dr 53 Kawartha Heights Park 2229 Kawartha Heights Bv 54 Keith Wightman Park 858 St Mary's St 55 King Edward Park 455 George St S 56 Kinsmen Park 775 Sherbrooke St 57 Kiwanis Park 234 Middlefield Rd 58 Knights of Columbus Park 5 Park St N 58.1 Library Commons 359 Aylmer St N 59 Manor Heights Park 700 Victory Cr

By-law 19-074 Page 7 46 Appendix A to Report CSRS20-001

60 Mapleridge Park 1929 Mapleridge Dr 61 McNamara 2034 McNamara Rd 62 Meadowvale Park 900 Ashdale Cr W 63 Millennium Park 1 King St 64 Milroy Park 242 Milroy Dr 65 Nevin Park 98 Nevin Av 66 Newhall Park 701 Lock St 67 Nicholls Oval Park 725 Armour Rd 68 Nicholls Place 799 Nicholls Pl 69 Northland Park 1255 Bathurst St 70 Oakwood Park 98 Oakwood Cr 71 Queen and Hunter 95 Hunter St W 72 Parkhill and Stewart 676 Stewart St 73 Pioneer Memorial Park 51 Hilliard St 74 Quaker Park 60 London St 75 Queen Alexandra Park 180 Barnardo Av 76 R.A. Morrow Memorial Park 55 Roger Neilson Wy 77 Raymond and Cochrane Park 492 Raymond St 78 Redwood Park 1651 Redwood Dr 79 Reid and McDonnel Park 334 McDonnel St 80 Rideau Park 110 Rideau Cr 81 Riverview Park and Zoo 1230 Water St 82 Rogers Cove Park 131 Maria St 83 Roland Glover Park 265 Spencley's Ln 84 Roper Park 1610 Firwood Cr 85 Rotary Park 100 Hazlitt St 86 Roundabout 661 Grange Way 87 Rube Brady Park 211 Munroe Av 88 Sherbrooke Park 555 Sherbrooke St 89 Sherbrooke Woods Park 1454 Sherbrooke St 90 Simcoe and Bethune Park 262 Simcoe St 91 Stacey Green Park 705 Hawley St 92 Stenson Park 1750 Stenson Bv 93 Stewart Park 216 Stewart St 94 Stillman Park 1198 Olympus Av 95 Turner Park 673 Chamberlain St 96 Union Park 616 Union St 97 University Heights Park 1385 Hetherington Dr 98 Valleymore Park 338 Spillsbury Dr 99 Victoria Park 470 Water St 100 Vinette Park 701 Vinette St 101 Walker Park 2085 Walker Av 102 Wallis Heights Park 1225 Bridle Dr 103 Waverley Heights Park 1189 Scollard Dr 104 Wedgewood Park 1535 Fairmount Bv 105 Weller Park 1140 Weller St 106 Wentworth Park 843 Wentworth St 107 Westclox Park 290 Armour Rd 108 Whitefield Park 1112 Whitefield Dr

By-law 19-074 Page 8 47 Appendix B

The Corporation of the City of Peterborough

By-Law Number 20-xxx

Being a By-law to amend Parks and Facilities By-law 19-074

Now therefore, The Corporation of the City of Peterborough by its Council hereby enacts as follows:

1. Parks and Facilities By-law 19-074 is amended by:

a) deleting the text of clause 9.j)xiv) and substituting the following text: “Arena Division Manager”;

b) deleting at the end of paragraph 14.k) the word, “or”;

c) deleting at the end of paragraph 14.l) the period punctuation and by substituting, “; or”

d) adding a new paragraph 14.m) and its word, “fish.”; and by

e) adding the following text immediately preceding the text of paragraph 15.h): “subject to paragraph 14.m),”.

By-law passed this ___ day of January, 2020.

(Sgd.) Diane Therrien, Mayor

(Sgd.) John Kennedy, City Clerk

To: Members of the General Committee

From: Sheldon Laidman, Commissioner of Community Services

Meeting Date: January 20, 2020

Subject: Report CSRS20-002 Ecology Park Capital Campaign

Purpose

A report to inform Council of Peterborough GreenUP Association’s “Investing in Ecology Park Capital Campaign”, and to seek approval for Peterborough GreenUP to continue to develop facilities that enhance Ecology Park and strengthen the broad suite of ecological programs and services Peterborough GreenUP Association offers.

Recommendations

That Council approve the recommendations outlined in Report CSRS20-002 dated January 20, 2020, of the Commissioner of Community Services, as follows: a) That Peterborough GreenUP Association’s “Investing in Ecology Park Capital Campaign” be approved, which includes the establishment of a water service and irrigation, barrier-free washroom, accessible pathways, permeable surface floor in the education shelter, and natural play structure in the Children’s Garden within Ecology Park; b) That the Commissioner of Community Services be authorized to sign all required Permission to Enter and Construct Agreements, necessary to allow contractors to complete the works associated with the “Investing in Ecology Park Capital Campaign” projects; and c) That the Mayor and Clerk be authorized to execute a new Land Use Licence Agreement with Peterborough GreenUP Association for its operation of Ecology Park, including the infrastructure improvement projects identified in their “Investing 49 Report CSRS20-002 Investing in Ecology Park Capital Campaign Page 2

in Ecology Park Capital Campaign”, in a form acceptable to the Commissioner of Community Services in consultation with the City Solicitor. Budget and Financial Implications

There is no budget or financial implication to the City resulting from the approval of the recommendations of this report. Peterborough GreenUP Association is fully responsible for all costs associated with their Capital Campaign, independent of the City. Background

In 2013, Council enacted By-Law 13-166 authorizing the Mayor and Clerk to execute a Land Use Licence Agreement to formalize the long-standing informal relationship with Peterborough GreenUP Association (GreenUP) to operate Ecology Park at Beavermead Park.

When the Land Use Agreement was signed, GreenUP had not yet established a long- term capital campaign for Ecology Park. Therefore, the Agreement only references GreenUP’s intent to construct a greenhouse within Ecology Park. However, Schedule B to the Agreement lists the activities and services to be provided by GreenUP within Ecology Park of which utility services are contemplated. By 2017, GreenUP had established a 5-year capital campaign necessary to support and expand on the activities and services identified in the Land Use Agreement.

In addition to a greenhouse, GreenUP’s capital plans include establishing the following infrastructure improvements:

 Replacing the Children’s Education Shelter/Storage – Completed in 2018  Installing water service and irrigation – to replace the current hose and spicket set-up  Constructing a Barrier-free washroom  Creating accessible pathways throughout Ecology Park to meet AODA requirements  Constructing a natural Play Structure in the Children’s Garden  Constructing a greenhouse

A schematic of the capital campaign and GreenUP’s contemplated construction schedule is attached as Appendix “A”. The construction schedule is not firm, as it is subject to the timing of Council approval and the securing of required permits.

On March 21, 2017, the Arenas Parks and Recreation Advisory Committee (APRAC) received a presentation from the Executive Director of GreenUP, on the 5-year capital campaign for Ecology Park. APRAC endorsed the campaign at that time. The Children’s Education Shelter project completed in 2018 was a replacement of an existing aging 50 Report CSRS20-002 Investing in Ecology Park Capital Campaign Page 3 facility. The remainder of the proposed projects are additions to Ecology Park’s infrastructure. Therefore, Staff wishes to inform Council of the proposed infrastructure projects to be constructed on City property and seek approval to allow GreenUP to proceed. If approved, Staff recommends that a new Land Use Licence Agreement be entered into with GreenUP that includes the infrastructure improvement projects identified in their long-term capital campaign.

GreenUP has secured Mortlock Construction as their general contractor. For the projects to proceed, a Permission to Enter and Construct Agreement must be in place to cover each project. Staff is seeking approval for the Commissioner of Community Services to be authorized to sign the required Permission to Enter and Construct Agreements on behalf of the City.

Submitted by,

Sheldon Laidman Commissioner of Community Services

Contact Name: Rob Anderson Phone: 705-742-7777 Ext. 1833 Toll Free: 1-855-738-3755 Fax: 705-748-8824 E-Mail: [email protected]

Attachments: Appendix A: Capital Campaign Schematic Appendix A to Report CSRS20-002 51

Proposed Accessible Pathways Existing Gravel Pathway

Proposed Natural play structure 2 1 Proposed water service for Existing Shelter Building 5 washroom & irrigation system Proposed hard-surface flooring 4 Proposed accessible washroom and accessible pathway location 3

Primary area covered by irrigation system

Secondary area covered by 1 irrigation system 6

Proposed Greenhouse 52

Project # Projected Construction Schedule Existing Infrastructure 1 Water Service & Irrigation Completed by December 2019 Shelter Building 2 Barrier-Free Washroom Begin in 2019, Complete in May 2020 3 Accessible Pathways Complete by May 2020 Existing Gravel Pathway 4 Hard-Surface Flooring Complete by May 2020 Sanitary Sewer 5 Naturalized Playscape in 2020 or 2021 Children’s Garden Water Service 6 Teaching Greenhouse 2022 53

To: Members of the General Committee

From: Cynthia Fletcher Commissioner of Infrastructure and Planning Services

Meeting Date: January 20, 2020

Subject: Report IPSTR20-002 Authorization to Renew Agreement for Metrolinx Transit Procurement Initiative

Purpose

A report to seek approval to sign a renewal agreement for the City to continue participation in the Metrolinx Transit Procurement Initiative.

Recommendations

That Council approve the recommendations outlined in Report IPSTR20-002 dated January 20, 2020, of the Commissioner of Infrastructure and Planning Services, as follows: a) That the Manager of Transportation be authorized to sign a Multi-Year Governance Agreement for Joint Procurements facilitated by Metrolinx, 2019- 2024 for the purpose of purchasing certain transit system vehicles, equipment, technology, facilities and related supplies and services on an exclusive basis from suppliers selected pursuant to public procurement processes facilitated by Metrolinx, on terms and conditions set out in the relevant procurement documents; and b) That the Manager of Transportation be authorized to perform any action and provide any required recommendations, instructions and approvals to complete the procurements within the scope of the Governance Agreement.

54 Report IPSTR20-002 Authorization to Renew Agreement for Metrolinx Transit Procurement Initiative Page 2

Budget and Financial Implications

There are no direct budget and financial implications to approving this report.

Based on the results of procurements already completed by Metrolinx it is estimated that municipalities have saved $31.5 million since 2006, or an average of 3-5% on the average capital cost of a bus purchased through Metrolinx, not including the internal savings from the elimination of duplicate procurement process, and the benefit of a reduced delivery schedule for acquiring new transit vehicles and associated equipment.

Transit equipment purchases contemplated under this agreement would continue to require funding approval as part of the annual capital budget process.

Background

The City entered into the original agreement as per Report USTR17-001 Authorization to Join Metrolinx Transit Procurement Initiative. This report recommends and seeks authorization to renew the agreement.

The Ministry of Transportation (MTO) initiated the Transit Procurement Initiative (TPI) program in 2006 with six municipalities including Barrie, Burlington, Durham, London, North Bay and York Region. Following its inception, the TPI program has been operating as division of Metrolinx. As of March 31, 2019, the number of participating municipalities has reached 48; with a mix of large agencies like TTC, OC Transpo (in Ottawa), London Transit and a number of small to medium sized agencies like Peterborough, Kingston, and Sarnia.

To date TPI has facilitated 22 joint procurements covering conventional and specialized buses, various bus parts, Intelligent Transportation technology, and on-board camera systems. These activities help Ontario transit systems achieve best value for their money by facilitating joint procurements for goods and services that support transit operations. Based on figures supplied by Metrolinx, it is estimated that Ontario taxpayers have saved approximately $31.5 million by procuring transit equipment in volume quantities, as well as benefiting from an end to end procurement cycle and post award contract management, including on-site inspection services.

Metrolinx’s TPI program is one of North America’s largest, most innovative transit procurement programs driven entirely by voluntary participation amongst the member agencies. Through cooperative tendering of larger, pooled orders and capitalizing on the specialized expertise of the various member agencies, TPI delivers a range of benefits to municipalities and other clients, including lower unit costs, performance- based technical specifications, ability to secure enhanced product warranties, improved quality control of bus manufacturing through in-plant inspections, and independent Fairness Commissioner oversight of the procurement process. 55 Report IPSTR20-002 Authorization to Renew Agreement for Metrolinx Transit Procurement Initiative Page 3

TPI’s Governance Structure

The Governance Agreement (GA) is an important document established between Metrolinx and each participating transit agency outlining the roles and obligations of its partners. In accordance with the GA, a Steering Committee is established that includes representatives from participating transit agencies for every project. Key decisions on aspects of the procurement process, from commercial strategy, technical specifications, evaluation criteria and approval of the winning supplier are made by the Steering Committee.

In 2019, TPI members worked on developing an updated Multi-Year GA for an additional five-year term covering up to the end of December 2024. The Agreement is governed in accordance with the laws of the Province of Ontario and those of Canada applicable in the Province of Ontario. The GA governs all joint procurements that Metrolinx facilitates relating to transit goods and services on behalf of transit municipal partners for the five-year period. The unique terms of each procurement contract are addressed as schedules to the main agreement.

To participate in a TPI procurement, each member agency must nominate a representative to the Steering Committee who would be authorized to manage the City’s participation in TPI, participate in the individual procurements, and be authorized with signing authority on behalf of the City with respect to the various aspects of the Governance Agreement, including early termination options.

Initiating purchases through the TPI would still be subject to Council approval of annual capital budgets and through established internal purchase order processes and award reports. Given the extent of involvement in all aspects of the TPI program, it is recommended that the Manager of Transportation continue to be the designated representative to the Steering Committee who would have signing authority relative to the City’s participation in the TPI Governance Agreement.

The City is not obligated to participate in all procurements, nor is the City obligated to purchase from the Supplier awarded a contract under a procurement that we do participate in, provided that we exercise our option for Termination from a specific procurement within the timeframes outlined in the Governance Agreement. This provides the City with the flexibility to choose which procurements we wish to participate in and provides us the option to opt out of a procurement if the commercial terms or supplier chosen by the group are not consistent with the best interests of the City. Opting out of a procurement does not inhibit our ability to purchase the same product or service from another supplier using our own tendering process, but it does restrict us from purchasing the same product or service from the same supplier that was awarded the joint procurement contract.

To date there has been no direct cost to the City to participate in the Transit Procurement Initiative, outside of staff time to participate in the Steering Committee for various procurements. The new Governance Agreement does allow for the assignment of a “Participation Fee” to cover some of the administrative costs incurred by Metrolinx 56 Report IPSTR20-002 Authorization to Renew Agreement for Metrolinx Transit Procurement Initiative Page 4 on behalf of the participating transit agencies. For joint procurements going forward, Metrolinx has indicated that “participation fees” will apply, however the amount will vary based on the number of members and the volume of purchases made by each member agency. The intent of the “participation fee” is to recover a portion of the internal costs for Metrolinx to run the program.

Procurements of Interest to the City

The TPI has established joint procurement contracts for 8m, 9m, 12m and 18m buses along with a recently awarded procurement for ITS equipment, on-board camera systems, and various bus parts.

In the past, the City had considered joining Metrolinx for the 12m bus procurement (our typical conventional buses), however it did not make sense at that time as we had contracts in place with our current bus supplier that provided favourable terms for contract extensions to purchase additional vehicles. This contract expired with our most recent bus purchase in 2019.

The City did participate in the joint procurement for 8m buses, which we used to purchase the new low floor Community Bus vehicle, and the 5 Handi-vans replaced in 2017. Utilizing the joint procurement for these contracts allowed the City to capitalize on the bulk purchasing power of the member agencies to obtain competitive pricing for these new vehicles while avoiding the lengthy process of developing customized specifications for both types of vehicles and running our own duplicate procurement process, saving us an estimated 6 months.

Going forward, the City is interested in participating in a joint procurement for bus batteries and in the upcoming renewal of the 12m and 18m bus procurement contracts.

Compliance with City Purchasing Polices

Section 3.5 of the City Procurement By-law 18-084, includes a provision for the City to participate with other government agencies in co-operative purchases when it is in the best interest of the City to do so as determined by the Treasurer.

Under the by-law each participating agency is responsible for obtaining appropriate purchase approvals, preparing and executing appropriate purchase agreements, and ordering, receiving, inspecting and paying for goods and/or services it uses.

The Treasurer has reviewed this procurement approach and has confirmed that it is in the City’s interest to renew our agreement to participate in the TPI program and that the program is consistent with the City’s approved purchasing polices. 57 Report IPSTR20-002 Authorization to Renew Agreement for Metrolinx Transit Procurement Initiative Page 5

Summary

Metrolinx’s TPI program is one of North America’s largest, most innovative transit procurement programs. Through cooperative tendering of larger, pooled orders and capitalizing on the specialized expertise of the various member agencies, TPI delivers a range of benefits to municipalities and other clients, including lower unit costs, performance-based technical specifications, product warranty enhancements, and improved quality control of bus manufacturing through in-plant inspection process that a smaller municipality cannot hope to match.

The City’s participation in the Transit Procurement Initiative to date has been positive, and on an overall basis, member agencies report an overall 93% satisfaction with the services provided by Metrolinx. Renewing our agreement with Metrolinx provides flexibility for the City to participate in selected joint procurements that are in the best interest of the City and are consistent with our current purchasing policies. Joint procurement affords the opportunity to take advantage of bulk purchasing power, and the sharing of technical resources and specifications that can result in program savings, procurement efficiencies, or enhanced delivery timeframes due to a reduction in duplication of purchasing processes.

Submitted by,

Cynthia Fletcher Commissioner of Infrastructure and Planning Services Contact Name:

Contact Name: Kevin Jones Manager, Transportation Phone: 705-742-7777 Ext. 1895 Toll Free: 1-855-738-3755 E-Mail: [email protected] 58

To: Members of the General Committee

From: Cynthia Fletcher Commissioner of Infrastructure and Planning Services

Meeting Date: January 20, 2020

Subject: Report IPSPL19-033B Zoning By-law Amendment - 51 Lansdowne Street West Update

Purpose

A report to update Council on the review of the file for the property known as 51 Lansdowne Street West relating to the Zoning By-Law Amendment Application.

Recommendations

That Council approve the recommendations outlined in Report IPSPL19-033B dated January 20, 2020, of the Commissioner of Infrastructure and Planning Services, as follows: a) That the request for proposed Zoning Bylaw Amendment for 51 Lansdowne Street West, as set out in Application File Z1911 be denied; and b) That a Notice of Refusal be issued in accordance with Section 34(10.9) of the Planning Act, including the following reasons:

i. The subject property is too small to accommodate required parking to support the proposed restaurant use;

ii. The current condition (i.e. parking layout and undefined and uncontrolled vehicular connection to Lansdowne Street West) is not supportable for the use of the lands for a restaurant;

iii. The Application does not represent good planning and is not appropriate for this site. 59

Report IPSPL19-033B Zoning By-law Amendment – 51 Lansdowne Street West Update Page 2

Budget and Financial Implications

There are no direct budget or financial implications arising from the denial of this application.

Background

The General Committee of the City of Peterborough held a Public Meeting related to an application to amend the Zoning By-Law for the property known as 51 Lansdowne Street West on December 2, 2019. The application proposes to amend the current SP.150 – Commercial Zoning District of the lands to add ‘restaurant’ to the list of permitted uses and to reduce the minimum number of required on-site parking spaces serving the development from ten (10) to three (3). Report IPSPL19-033 is attached as Exhibit ‘B’.

During the Public Meeting, the Committee heard from the applicant and from two area residents regarding the proposal. The area residents expressed concerns about the proposed re-zoning related to traffic, parking and noise. Consideration of the application was deferred by Council, at its meeting of December 9, 2019, until the next Council cycle of meetings to enable staff to have review the file, meet with the applicant and report back.

As part of the verbal submission to Committee on December 2, 2019, the applicant suggested that Site Plan Approval should not be required and the allowance for road widening should not be taken along Lansdowne Street West. There are numerous factors that direct the proposed re-use and rezoning of the lands to the requirement for Site Plan Approval and Road Widening as follows:

 The existing uncontrolled driveway connections along Lansdowne Street West, particularly at the intersection with Sherburne Street, do not conform to the Official Plan. Section 5.4 of the Official Plan requires that access be controlled along Lansdowne Street West.

 The applicant is required to reconfigure the parking lot and control the driveway connection to Lansdowne Street West to improve both vehicular and pedestrian safety. The site as existing, can not function without being a potential hazard to pedestrians using the abutting sidewalks. The reconfiguration of the parking lot and the rezoning of the lands constitutes ‘development’ as described in the Provincial Policy Statement, 2014, the City’s Official Plan and the City’s Site Plan Control By- law.

 The City’s Site Plan Control By-law #11-081 refers to ‘development’ as having the same meaning as set out in Section 41 of the Planning Act, R.S.O. 1990, as amended. Section 41 defines development as “the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the 60

Report IPSPL19-033B Zoning By-law Amendment – 51 Lansdowne Street West Update Page 3

size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers …”

 The required improvements to the existing parking lot and driveway connections will trigger Site Plan Approval.

 Section 5.4.2 of the Official Plan requires “Where a property is the subject of an application for planning approval, including site plan approval, and abuts a road right-of-way that does not meet the expected width as described in policy 5.4.1, it is intended as a condition of approval that the developer provide sufficient land, at no cost to the City to meet the width prescribed by Table 2.”

 Section 5.4.9 of the Official Plan (Transportation Policies) reads: “To ensure that the City and area’s long term transportation needs can be met, the City will cooperate with the County to protect these corridors through negotiation in the review of area plans, plans of subdivision and Official Plan and/or Zoning By-law amendments. Where the ultimate alignment and right-of-way of a long-term corridor has been determined, the required road allowance will be served either as part of, or independent from such planning approvals.”

 The rezoning of the property constitutes ‘development’ as per the Planning Act, Provincial Policy Statements, Official Plan and the City’s Site Plan Control By-law. Both Site Plan Approval and Road Widening are required to conform with the relevant Planning legislation and policy.

The applicant also presented to Committee a suggestion that the existing parking layout would be acceptable for the proposed land use. The current site condition (i.e. parking layout and undefined and uncontrolled vehicular connection to Lansdowne Street West) does not support for the use of the lands for a restaurant.

Regardless of the future road widening, the revised concept site plan presented by the applicant does not work. While the applicant’s concept site plan illustrates 12 parking spaces and a loading space, there would have to be modifications to the site plan to facilitate access to the loading space, adequate turning movements and additional walkways (to Sherburne) for pedestrian traffic which would also reduce the parking below the required number.

In addition, it is noted that the Concept Site Plan shows the required loading space, blocked by two parking spaces, flanking the north side of the building. This illustrates the constrained nature of the site, where conflicting uses are intended for the same space. The applicant also indicated verbally, at the December 2nd General Committee meeting, an intent to include a patio on the site. This inclusion would be another example of conflicting uses competing for the same space. Neighbouring residents have expressed concern over the idea of patio space.

Report IPSPL19-033B Zoning By-law Amendment – 51 Lansdowne Street West Update Page 4

There are examples throughout the City, whereby prescribed road widening has been accommodated via rezoning and site plan approval. In some cases, the City has agreed to allow the owner to park within the road allowance in the interim via lease arrangements or encroachment. In these cases, the lease arrangements or encroachments have been on larger sites where additional parking is available or the site can be reconfigured. For this property more than 80% of the required parking is subject to the conveyance, rendering the use of the lands as unusable.

Meeting with Applicant

Although staff scheduled a meeting with the applicant for December 18, 2019, the applicant requested it be postponed until January of 2020. Staff indicated a tight timeline to meet and include details for an update report to Council, which the applicant’s representative acknowledged. A meeting with the applicant and agent was held on January 13, 2020. It continues to be the applicant’s opinion that site plan approval is not necessary, nor are they prepared to convey the land required for road widening.

Our position remains that site plan approval is appropriate and necessary to deal with the site modifications and the road widening requirement is prescribed in the City’s Official Plan. The Staff recommendation remains unchanged.

Summary

Planning staff have considered the comments made by the Applicant and the Applicants’ Planner during the rezoning process and at the Public Meeting on December 2, 2019 regarding their concerns with the imposition of Site Plan Approval and the requirement for municipal road widening related to the proposed development application.

A copy of Report IPLPL19-033 is attached as Exhibit ‘A’ to this report (IPSPL19-033B). The formal Public Meeting related to the proposed application was held on December 2, 2019, at which time General Committee heard from two neighbours as well as from the owner and the owners’ agent regarding the proposed land use change. The application was deferred for one cycle to allow additional time for staff to review the file again and for the applicant to have further discussions with staff. As noted above, the applicant requested postponement of the meeting originally scheduled for December 18, 2019. The meeting with the applicant was held on January 13, 2020. 62

Report IPSPL19-033B Zoning By-law Amendment – 51 Lansdowne Street West Update Page 5

As directed by Council, staff also reviewed the details of the file again, to ensure all possibilities were explored and have confirmed the original recommendations of Report IPLPL19-033, which is to deny the rezoning of the property.

Submitted by,

Cynthia Fletcher Commissioner of Infrastructure and Planning Services

Contact Names: Ken Hetherington Manager, Planning Division Phone: 705-742-7777, Ext. 1781 Toll Free: 1-855-738-3755 Fax: 705-742-5218 E-mail: [email protected] Caroline Kimble Land Use Planner Phone: 705-742-7777, Extension 1735 Toll Free: 1-855-738-3755 Fax: 705-742-5218 E-mail: [email protected]

Attachments: Exhibit A – Concept Site Plan Exhibit B – Report IPSPL19-033 63

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Exhibit A – Concept Site Plan – Page 1 of 1

Daylighting Triangle 9m Road Widening 64 Report IPSPL19-033B - Exhibit B

To: Members of the General Committee

From: Cynthia Fletcher Commissioner of Infrastructure and Planning Services

Meeting Date: December 2, 2019

Subject: Report IPSPL19-033 Zoning By-law Amendment – 51 Lansdowne Street West

Purpose

A report to evaluate the planning merits of amending the current SP.150 – Commercial Zoning District of the lands known as 51 Lansdowne Street West to add ‘restaurant’ to the list of permitted uses and to reduce the minimum number of required on-site parking spaces serving the development from ten (10) to three (3).

Recommendations:

That Council approve the recommendations outlined in Report IPSPL19-033 dated December 2, 1019, of the Commissioner of Infrastructure and Planning Services, as follows: a) That the request for proposed Zoning Bylaw Amendment for 51 Lansdowne Street West, as set out in Application File Z1911, be denied; and b) That a Notice of Refusal be issued in accordance with Section 34(10.9) of the Planning Act, including the following reasons:

i. The subject property is too small to accommodate parking to support the proposed restaurant use;

ii. The current condition (i.e. parking layout and undefined and uncontrolled vehicular connection to Lansdowne Street West) is not supportable for the use of the lands for a restaurant; and

iii. The Application does not represent good planning and is not appropriate. 65

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Budget and Financial Implications

There are no direct budget or financial implications arising from the denial of this application.

Background

The subject lands are located at the southeast corner of the intersection of Lansdowne Street West and Sherburne Street, a block west of the Otonabee River. The lands have supported a convenience store use since 1980 and the new owners now wish to convert the use to a restaurant.

The lands were rezoned in 1980 (By-law 1980-79) to permit the conversion of the existing building from a former service station into a retail convenience store. The associated underground gas tanks were removed at the same time (1980).

The lands abut a portion of Lansdowne Street West that is significantly undersized. The existing right of way is 20m and it is projected to require a 36m right of way as specified in the City’s Official Plan (1982). The existing development is currently uncontrolled with respect to driveways and parking areas, allowing vehicles to enter/exit the property at any point along both Lansdowne Street West and Sherburne Street.

The application seeks to convert the use of the existing building from a convenience retail store to a restaurant use. The applicant and staff have considered several concepts whereby parking is proposed with controlled access to both Lansdowne Street West and Sherburne Street within the lands to be conveyed to the City. The proposed parking changes and the change in land use is impacted by the policies in the Official Plan, directing the provision of sufficient land to meet the prescribed road width (including daylighting triangle) for Lansdowne Street West.

The applicant is requesting that the City agree to lease the land conveyance back to them and to allow the establishment of a controlled access and revised parking configuration until such time as the City requires the land for road widening.

The applicant has been advised that staff is unable to support the change in land use, primarily related to the inability to provide parking to satisfy the requirements for the proposed restaurant use. The applicant wishes to proceed to Council for a decision. 66

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Analysis a) Official Plan

The lands are located within the Built Boundary as identified on Schedule A1 – City Structure and designated ‘Commercial’ on Schedule ‘A’ – Land Use. The lands have been considered and treated as ‘local commercial’ and are not included in Official Plan Schedule I – Commercial Areas.

Lansdowne Street West is identified on Schedule A1 – City Structure, as an intensification corridor and on Schedule B – Roadway Network as a High Capacity Arterial Street. The related policies also require social and municipal infrastructure, and treatment of public lands to facilitate an appropriate range and mix of land uses.

Section 5.4 of the Official Plan contains Roadway Network Policies with descriptions of the various roadway classifications including High Capacity Arterial streets. Controlled access and ultimate cross-sections of up to 6 travel lanes plus turning lanes and separated bikeways within a 30 to 36m right of way are contemplated.

The existing vehicular access to the property is uncontrolled. The reconfiguration of the parking lot and controlling the driveway connection to Lansdowne Street West is required to ensure that the application conforms with the City’s Official Plan. In addition, the portion of Lansdowne Street West, adjacent to the subject property is currently 20m and projected to require a 36m right of way width as specified in Table 2 Road Allowance Widths. Proposed development adjacent to all roadways is required to conform with the policies of Section 5.4 of the Official Plan. A daylighting triangle is also required at the intersection of Lansdowne Street West and Sherburne Street.

The Official Plan prescribes that any proposed development, including Site Plan Approval for lands abutting road allowances that do not meet the expected width identified in Table 2 of the Official Plan, are required to provide sufficient land, at no cost to the City to meet the width prescribed by Table 2. The City’s new Draft Official Plan also contemplates the road widening.

The requirement to control access and to convey 9m of road widening along Lansdowne Street West, together with the requirement for conveyance of a daylighting triangle at the intersection makes it impossible to support more than two parking spaces on site. The proposed restaurant use will rely heavily on the ability to provide parking. The zoning amendment request to facilitate the bulk of the required parking within the lands intended for future road widening can at best, only provide a temporary solution to the lack of parking for the restaurant use.

City staff do not support the temporary use of the right of way for parking in that it will become problematic when the City widens the travelled portion of the road, at which time at least 9 of the proposed 12 parking spaces will be lost. 67

Report IPSPL19-033 Zoning By-law Amendment – 51 Lansdowne St W Page 4 b) Zoning By-law

The current SP.150 – Commercial District limits the use to “a convenience retail store if located within the building presently standing in the district”. It does not provide the full range of retail uses envisioned by the Local Commercial policies of the Official Plan.

The application seeks to broaden the permitted uses to add ‘a restaurant’ to the list of permitted uses and to modify the associated parking requirements to permit nine (9) parking spaces off-site, within the lands to be conveyed to the City.

The effect of the amendment is to reduce the parking and allow the change of land use to permit the proposed restaurant.

After careful consideration of the application, including proposed improvements to the parking and driveway connections, staff is unable to recommend approval of the land use change.

Additional parking is required to support the proposed restaurant use. The current condition is not supportable given the limited number of parking spaces the existing parking layout and undefined/uncontrolled vehicular connection to Lansdowne Street West. The conveyance of road widening and daylighting triangle, will further reduce the size of the parcel to eliminate the potential for adequate parking. Any agreement to facilitate temporary parking upon these lands would be terminated at such time as the City requires, leaving the site virtually unusable from a parking perspective (possibly room for 2 parking spaces).

The intensification of the commercial use, therefore, in the opinion of staff, does not constitute good planning and it is recommended that the application be denied. c) Site Plan

The requirement for the conveyance of land for road widening renders the site too small to support the proposed use. Where a change in land use requires a redevelopment of a site (i.e. reconfiguration of the parking or additional parking), it has always been the practice of the City to require Site Plan Approval as a condition of the land use change. The introduction of a restaurant to this property will trigger an increase in the required parking, which cannot be accommodated due to the required road widening conveyance.

The Planning Act affords municipalities the legal authority to require the conveyance of land for road widening as a condition of Site Plan Approval. The only instance whereby the City has permitted encroachments on land conveyed for road widening, has been where the property can continue to function in compliance with zoning by-law regulations.

The subject site is too small to allow for sufficient on-site parking to support the proposed restaurant use. 68

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Response to Notice a) Significant Agency Responses:

Agency circulation was issued on July 25, 2019.

The Infrastructure Management Division has indicated that it has no objection to the proposed rezoning from a stormwater management perspective, but request that any approval be conditional on the applicant providing a 8.0m Lansdowne Street West road widening along the frontage of the property and additionally, that a 12.0m by 5.0m daylighting triangle be provided at the northwest corner of the site (12.0m measured along Lansdowne Street West). The proposal to use the widened Lansdowne Street West right of way for parking will become problematic when the City widens the travelled road, at which time most of the parking will be lost.

The Real Estate and Development Division of Infrastructure and Planning has expressed concern with the proposed parking within the lands to be conveyed to the City and the proposed license agreement with the City to allow the use of the area until the Lansdowne Street West widening takes place. This arrangement is not supported by staff as it has the potential to impact on the widening in the future and would create an issue that would have to be resolved later.

The City’s Transportation Division has also expressed concern with the current condition whereby vehicular connection to Lansdowne Street West is undefined and uncontrolled. The requirement for Site Plan Approval will trigger the conveyance of land for road widening to meet the Official Plan prescribed width of 36m. The Transportation Division is not supportive of an encroachment or lease arrangement on these lands in the interim, leaving the subject lands with no viable parking once the widening occurs, creating a potential issue for the City. Parking is critical in this location and in the long term to support the proposed land use, and the widening of Lansdowne Street West will significantly impact the ability to park on this site.

There are no significant concerns or comments from other agencies or departments. b) Summary of Public Responses: