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HomeMy WebLinkAboutDev & Tech Svcs - 2009-10-05DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 5, 2009 CITY OF KITCHENER The Development and Technical Services Committee met this date, commencing at 3:05 p. m. Present: Councillor C. Weylie -Chair Mayor C. Zehr and Councillors B. Vrbanovic, J. Gazzola, G. Lorentz, K. Galloway and J. Smola. Staff: C. Ladd, Chief Administrator Officer T. Speck, General Manager, Corporate Services D. Chapman, General Manager, Financial Services J. Willmer, Interim General Manager, Development and Technical Services T. Beckett, Fire Chief R. Regier, Executive Director, Economic Development M. May, Director, Corporate Communications J. McBride, Director, Transportation Planning G. Murphy, Director, Engineering Services A. Pinard, Interim Director of Planning L. Bensason, Manager, Long Range Planning D. Lupsa, Engineering Technologist C. Goodeve, Committee Administrator 1. DTS-09-135 - ON-STREET PARKING - SHEA CRESCENT The Committee considered Development and Technical Services Department report DTS-09- 135, dated September 16, 2009 regarding modifications to the on-street parking regulations for Shea Crescent. On motion by Councillor J. Gazzola - itwas resolved: "That the 'No Stopping 8:OOam - 4:30pm' area be extended on the south side of Shea Crescent from a point 130 metres north of Laurentian Drive to a point 75 metres west thereof; and, That the 'No Stopping Anytime' area be extended on the north side of Shea Crescent from a point 125 metres north of Laurentian Drive to a point 16 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly." 2. DTS-09-136 - ON-STREET PARKING - DINISON CRESCENT The Committee considered Development and Technical Services Department report DTS-09- 136, dated September 16, 2009, regarding an extension of the "No Parking Anytime" area of Dinison Crescent. On motion by Councillor J. Gazzola - itwas resolved: "That the 'No Parking Anytime' area on the east side of Dinison Crescent be extended from Williamsburg Road to Ristau Crescent; and further, That the Uniform Traffic By-law be amended accordingly." 3. DTS-09-131 - 2008 ANNUAL AUDIT REPORT - MASTER STORMWATER MANAGEMENT POLICY The Committee considered Development and Technical Services Department report DTS-09- 131, dated September 4, 2009 regarding the recommendations of the 2008 Stormwater Management Plan Annual Audit report prepared by AECOM Canada Ltd. and the updated Stormwater Management Policy Implementation Procedure for Development. Ms. D. Lupsa advised that the report before the Committee this date fulfills a requirement of DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 5. 2009 - 108 - CITY OF KITCHENER 3. DTS-09-131 - 2008 ANNUAL AUDIT REPORT - MASTER STORMWATER MANAGEMENT POLICY (CONT'D) the City's Master Stormwater Management (SWM) Policy, which has been in place since 2001. She stated that in 2008 an inventory and review was carried out of all City owned SWM facilities, as recommended by a previous SWM Audit. This review enabled staff to determine the required actions and short-term maintenance work needed at each SWM facility and to develop of a detailed long-term SWM maintenance plan. She advised that the report recommends that a budget issue paper be prepared for consideration during 2010 budget deliberations regarding an SWM 10-year capital program which reflects the recommendations put forward in the Annual Audit. Ms. Nicole Weber, AECOM Canada Ltd. presented the findings of the 2008 Audit, which focused on the following areas: SWM redevelopment / infill charge (Cash-in-Lieu); enhancements to the SWM Policy Implementation Procedure; and, sustained SWM Capital Works projects. She stated that the Audit has reinforced the need for sustainable funding that is not dependent upon the amount of land development occurring in any given year. She noted that it is estimated that over the next 20 years, approximately $133M will be needed to retrofit, reconstruct and maintain SWM ponds and complete watercourse rehabilitations. In response to questions as to the adequacy of the fees currently being collected, Ms. Weber advised that Cash-in-Lieu charges apply to all redevelopment and infill sites that cannot connect to existing quality control facilities and are to be used toward the construction /retrofit of SWM facilities. She stated that as of the end of August 2009 the Cash-in-Lieu fund had a balance of $94,478., noting that the average annual Cash-in-Lieu fees collected over 2002- 2008 was $209,500. She outlined that by the end of 2008 the total drainage area serviced by SWM works was 55.72 hectares compared with 104.87 hectares drainage area for which the City has collected Cash-in-Lieu fees. She noted that as the Cash-in-Lieu drainage is larger then the drainage serviced by SWM retrofits and oil/grit separator units (OGS), in order to ensure a net gain in stormwater improvements, a sustained effort needs to be made to complete SWM retrofits and implement other best management practices. She advised that at present, the Cash-in-Lieu fund will not sustain the required or anticipated capital works. Councillor J. Gazzola questioned whether Development Charges (DC) could be used to address this situation and Mr. G. Murphy advised that DC fees are separate from Cash-in-Lieu, as DCs are charges allocated to developers to fund eligible growth-related costs. He added that Cash-in-Lieu charges are applied to both capital and operating /maintenance costs of SWM facilities in redevelopment /infill situations, and not necessarily in the location where the development is occurring. He noted that a disadvantage of these methods is that they are directly dependant on growth and economic conditions. Mr. J. Willmer advised that since its inception, Cash-in-Lieu funding has been used for completion of new ponds, retrofit ponds, OGS and stream rehabilitation works; however, a backlog exists for facilities that were constructed prior to the implementation of the SWM Policy. He stated that it was never the intent of the Cash-in-Lieu fees to address this backlog and compounding this situation is that area re-development or infill within the Central Neighbourhood Area is currently exempt from Cash-in-Lieu fee payment. Mr. Murphy advised that the purpose of the Annual Audit is to provide a snapshot of the current condition of the SWM program. He noted that potential methods of addressing the funding shortfall would be presented when the Committee considers report DTS-09-042 later this date. Councillor G. Lorentz spoke to the need to undertake regular monitoring as a preventative measure. He noted that some driveways are currently being built using cement and just prior to hardening apower-washer is used to remove the top layer to give the cement a pebbled look. He expressed concern that this could impact the rate with which the OGS sediment tanks would need to be emptied. Mr. Murphy advised that staff meets regularly with the Waterloo Regional Homebuilders Association and agreed to raise this issue with them. On motion, Councillor B. Vrbanovic brought the recommendation contained in report DTS-09- 131 forward for consideration. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 5, 2009 - 109 - CITY OF KITCHENER 3. DTS-09-131 - 2008 ANNUAL AUDIT REPORT - MASTER STORMWATER MANAGEMENT POLICY (CONT'D) Mr. Murphy clarified that staff are seeking approval of the recommendations of the Annual Audit report and the SWM Policy Implementation Procedure for Development to set the framework for the preparation of a budget issue paper on an SWM 10-year capital program. Councillor Gazzola stated that while he is supportive of clause three, which calls for the development of a budget issue paper, in his opinion the Committee does not have enough information detailing the implications of the Annual Audit report recommendations. He requested that the motion be voted on in separate parts. Mayor C. Zehr spoke in support of the recommendation, commenting that the Committee would have a further opportunity to consider this matter during the 2010 budget deliberation process. The following motion was voted on in three separate parts, and was Carried. On motion by Councillor B. Vrbanovic - itwas resolved: "That the recommendations of the 2008 Annual Audit Report -Master Stormwater Management Policy, prepared by AECOM Canada Ltd., be approved; and, That the updated Stormwater Management Policy Implementation Procedure for Development be approved; and further, That staff be directed to prepare a budget issue paper for a stormwater management 10-year capital program which reflects the recommendations of the 2008 Annual Audit Report -Master Stormwater Management Policy, for consideration during 2010 budget deliberations." 4. DTS-09-042 - STORMWATER MANAGEMENT PROGRAM FUNDING REVIEW The Committee considered Development and Technical Services Department report DTS-09- 042, dated September 25, 2009 presenting the findings of the Stormwater Management (SWM) Program and Funding Review Study, which was undertaken collaboratively with the City of Waterloo as part of the Shared Services Initiative. Mr. G. Murphy advised that the Study commenced in 2005 with a goal to identify the City's current service level, compare this to the legislated requirements and guidelines, develop a suggested level of service, and to evaluate appropriate funding mechanisms to support these needs. He stated that interim findings were presented in 2007 which acknowledged the concern that a sustainable level of service was not being delivered. He outlined that the 2007 SWM Program Budget was $5,820,910.; however, the Study identified that to maintain a sustainable level of service the funding should have been $9,910,590. He pointed out that this indicates that funding was only allocated to meet 59% of the sustainable level of service, which over a 10 year period equates to a $40M funding shortfall. Councillor J. Gazzola asked for clarification as to the status of the Victoria Lake Remediation Class Environmental Assessment (EA) Study. Mr. Murphy advised that it was initially believed that the funds remaining following the completion of the EA would be adequate to cover the cost of removing the sediment from the Lake. However, the cost to remove the sediment far exceeded the remaining funds and currently this project is proposed for inclusion in the capital budget. Mr. Murphy further advised that this EA is one of several recent studies which have contained recommendations concerning required infrastructure improvements or establish the need for the City to put into place long-term preventive system maintenance and monitoring programs. Accordingly, future program needs will present additional challenges to the City in its attempts to deliver a sustainable level of SWM service. Mr. Mike Gregory, AECOM Canada Ltd. reviewed the following four funding options outlined in report DTS-09-042 to support a sustainable level of service: DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 5, 2009 - 110 - CITY OF KITCHENER 4. DTS-09-042 - STORMWATER MANAGEMENT PROGRAM FUNDING REVIEW (CONT'D) 1. Stormwater Management User Rate; 2. Dedicated Tax Levy for Stormwater Management; 3. Stormwater Management Tiered Flat Fee; and, 4. Do Nothing -Maintaining the Status Quo Approach. Mr. Gregory advised that the Study recommends that a "tiered single family unit (SFU)" rate structure be implemented for both the Cities of Kitchener and Waterloo. He stated that this rate structure takes into consideration the amount of impervious area, being surfaces resistant to water penetration that a citizen or business owns; as opposed to the current method of apportioning stormwater funding based on property assessment values for eligible taxpayers. He added that the more impervious area an individual property owner has, the greater the demand on the City's SWM system. He commented that for an average residential property owner the annual SWM rate would be approximately $6.50 a month. He noted that under the SFU rate, owners of properties which currently have tax exemptions, such as post-secondary schools, churches and other institutional properties would be required to pay the stormwater management fee. He commented that from a practical standpoint, the tiered SFU rate offers the optimal balance between fairness / equitability and administration requirements. Questions were raised regarding the proposed rebate policy for current tax-exempt properties, and Mr. Gregory commented that submissions were received from the Region of Waterloo, Waterloo Catholic District School Board and University of Waterloo, indicating their opposition to the stormwater rate funding option. Their preferred option was to maintain the tax-based status quo, of which they are currently exempted or make payments in lieu of taxes (PILOT) to the City. He noted that it is being proposed that these institutional properties could apply to Council for a rebate, which would deduct the stormwater component of their PILOT charge from their bill. He added that for elementary /secondary schools, churches, and charitable organizations, Council could decide on a case-by-case basis to provide a subsidy for these tax-exempt properties that do not contribute PILOT. Mr. Murphy stated that staff recognizes that moving to this model represents a philosophical shift in how SWM would be viewed by the community, as well as an economic impact to the tax-exempt sector. Accordingly, it is recommended that the Study and report be received for information and that staff be directed to report back on this matter by May 2010 following an extensive public consultation process. He stated that prior to May 2010, staff are proposing to develop a budget issue paper relating to the stormwater utility implementation project, which would be put forward for consideration as part of Council's 2010 budget deliberations. Councillor B. Vrbanovic questioned how this matter would be communicated to the public. Mr. M. May advised that staff have proactively contacted all three major media outlets in the area, noting that interviews have already been conducted with two of them. He commented that given the complexity of this issue, staff wanted to ensure that the public has ample opportunity to provide comments, which is partly why this proposal has only been tabled at this time. Councillor Gazzola asked whether this kind of rate structure has been implemented by other municipalities in Ontario. Mr. Gregory advised that at least three municipalities, London, St. Thomas, and Aurora, have implemented a special stormwater user fee that charges a flat rate to residential properties and an area-based charge to commercial /industrial properties. He added that this form of user rate approach has been successfully applied in hundreds of municipalities in the United States and in some jurisdictions in Canada, such as Alberta. Councillor Gazzola requested additional information on the City of London's experience and also if the rate would be impacted by the proposed Harmonized Sales Tax. Responding to questions regarding the phase-in period, Mr. Gregory advised that it is proposed that the stormwater rate program be phased-in over afour-year period to ease the transition from the current property tax based funding. Mr. Murphy stated that it is suggested that during the phase-in period the rate would be revenue neutral, noting that Council could consider increasing the stormwater rate in future years in order to achieve a sustainable level of service expenditures. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 5, 2009 - 111 - CITY OF KITCHENER 4. DTS-09-042 - STORMWATER MANAGEMENT PROGRAM FUNDING REVIEW (CONT'D) Mayor C. Zehr questioned the timing of when this could be implemented and was advised that optimistically it could come forward at the end of 2010 as part of Council's 2011 budget deliberations. Councillor Vrbanovic asked how the timing of Kitchener's implementation plan compared to the City of Waterloo. Mr. Murphy advised that Waterloo is exploring the possibility of implementing their program prior to 2011, noting that an effort is being made to ensure that the framework, policies and standards behind both programs are consistent. Councillor Vrbanovic requested that additional information be provided in terms of timing and suggested that staff examine the possibility of fast tracking Kitchener's program to keep pace with the City of Waterloo. On motion, Councillor Vrbanovic brought the recommendation contained in report DTS-09-042 forward for consideration. Councillor Gazzola advised that he would not support the recommendation, stating that the shift to the proposed rate structure is too drastic a change to be implemented without additional information being provided regarding its potential implications. He commented that should it move forward, he would prefer to see the rate remain revenue neutral. Councillor Vrbanovic requested clarification regarding the intent of the recommendation. Mr. Murphy advised that staff are not seeking approval for the adoption of a specific stormwater rate approach this date. He noted that staff are recommending that the Study and report be received for information and that direction be given for staff to report back by May 2010. The following motion was Carried on a recorded vote, with Mayor C. Zehr and Councillors J. Smola, G. Lorentz, K. Galloway, B. Vrbanovic and C. Weylie voting in support and Councillor J. Gazzola voting in opposition. On motion by Councillor B. Vrbanovic - itwas resolved: "That the findings of the Kitchener-Waterloo stormwater Management Program and Funding Review: stormwater Funding Analysis, dated October 2008, be received for information; and, That staff be directed to report on this matter to Council on or before May 1, 2010 seeking further direction on the adoption of a specific stormwater rate approach at that time; and further, That staff be directed to include the stormwater Utility Implementation Project in the 2010 capital budget for the amount of $80,000." 5. DTS-09-144 -DEFERRAL OF THE MIKE WAGNER HERITAGE AWARDS AND - URBAN DESIGN AWARDS The Committee considered Development and Technical Services Department report DTS-09- 144, dated September 23, 2009, recommending the deferral of the Mike Wagner Heritage Awards and Urban Design Awards to October 2011, to allow time for Planning Staff to conduct a review of the award process, judging criteria, presentation format and venue. Mr. L. Bensason reviewed the report. At the request of Councillor B. Vrbanovic, Mr. Bensason agreed to review this matter with Ms. P. Wagner prior to the October 13, 2009 Council meeting. Councillor J. Gazzola advised that the proposed deferral of the Mike Wagner Heritage Awards would be considered at the October 6, 2009 Heritage Kitchener meeting. He noted that any comments arising from Heritage Kitchener would be brought forwarded for Council's consideration. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES OCTOBER 5, 2009 - 112 - CITY OF KITCHENER 5. DTS-09-144 -DEFERRAL OF THE MIKE WAGNER HERITAGE AWARDS AND - URBAN DESIGN AWARDS (CONT'D) A motion by Councillor Vrbanovic to defer consideration of the recommendation contained in report DTS-09-144 to the October 13, 2009 Council meeting was brought forward for consideration. On motion by Councillor B. Vrbanovic - itwas resolved: "That consideration of the following recommendation be deferred and referred to the October 13, 2009 Council meeting, to allow time for staff to consult with Ms. P. Wagner and Heritage Kitchener regarding this matter: 'That the presentation of the next scheduled Mike Wagner Heritage Awards and the Urban Design Awards be deferred to October 2011; and, That Planning staff review the Mike Wagner Heritage Award and Urban Design Award programs to determine if a change in presentation and/or award venue is merited; and further, That Planning staff review the Mike Wagner Heritage Award and Urban Design Award criteria and processes to better reflect current urban design trends and city initiated urban design policies."' 6. DTS-09-145 - KEHL STREET/DONLEY STREET PROGRESS UPDATE The Committee considered Development and Technical Services Department report DTS-09- 145, dated September 28, 2009, providing an update on the status of the undeveloped lands in the area of Kehl Street / Donley Street. Mr. J. Willmer reviewed the report and advised that staff will report back as the community engagement process moves forward. 7. ADJOURNMENT On motion, the meeting adjourned at 5:20 p. m. C. Goodeve Committee Administrator