HomeMy WebLinkAboutDev & Tech Svcs - 2010-02-08DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
FEBRUARY 8, 2010 CITY OF KITCHENER
The Development and Technical Services Committee met this date, commencing at 6:10 p. m.
Present: Councillor C. Weylie -Chair
Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic, K. Galloway and J. Smola.
Staff: C. Ladd, Chief Administrative Officer
J. Willmer, Interim General Manager, Development and Technical Services
D. Chapman,General Manager, Financial Services & City Treasurer
T. Beckett, Fire Chief
G . Murphy, Director of Engineering
J. McBride, Director, Transportation Planning
M . Selling, Director of Building
A. Pinard, Interim Director of Planning
D. Ross, Manager, Development Review
J. Oakley, Manager, Engineering Construction
R. Schirm, Supervisor, Crossing Guards
E. Saunderson, Construction Project Manager
J. Billett, Committee Administrator
DTS-10-029 - ON-STREET PARKING REGULATIONS - GRULKE STREET
The Committee considered Development and Technical Services Department report DTS-10-
029, dated January 27, 2010, recommending a parking prohibition on the north side of Grulke
Street.
On motion by Councillor J. Smola -
itwas resolved:
"That parking be prohibited on the north side of Grulke Street between Kinzie Avenue
and Fairway Road North; and further,
That the Uniform Traffic By-law be amended accordingly."
DTS-10-038 -SCHOOL BUS LOADING ZONE - SPADINA AVENUE
The Committee considered Development and Technical Services Department report DTS-10-
038, dated January 28, 2010, recommending establishment of a school bus loading zone on
Spadina Avenue West.
On motion by Councillor J. Smola -
itwas resolved:
"That a School Bus Loading Zone be established on Spadina Avenue West from a point
63 metres west of Patricia Avenue to a point 13 metres west thereof; and further,
That the Uniform Traffic By-law be amended accordingly."
DTS-10-026 -RETAIL SALES TAX EXEMPTION FOR BICYCLES
The Committee considered Development and Technical Services Department report DTS-10-
026, dated January 12, 2010, requesting Council to send a letter, as drafted by the Cycling
Advisory Committee, to the Minister of Finance concerning continuation of the Retail Sales Tax
exemption on bicycle sales under $1,000 when the Harmonized Sales Tax (HST) is
introduced.
Mayor C. Zehr commented that the HST is a combination of both the Provincial Sales Tax
(PST) and Goods and Services Tax (GST). He questioned if bicycle sales are currently exempt
from GST and if the intent is to request bicycle sales to be exempt from the total of the
combined HST. Mr. R. Schirm advised that the intent is to ask that the Province maintain the
existing PST exemption. Mayor Zehr suggested it is not likely that the Province would agree to
a partial exemption of the HST and asked if the Advisory Committee had done any preliminary
investigation or spoken to a tax expert in this regard. Mr. Schirm advised that information
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
FEBRUARY 8, 2010 - 11 - CITY OF KITCHENER
3.DTS-10-026 - RETAIL SALES TAX EXEMPTION FOR BICYCLES (CONT’D)
sought from the Province’s website was limited and suggested that he could undertake to
obtain further clarification, if desired.
Mayor Zehr suggested that the recommendation could be modified to provide that the principle
of a Retail Sales Tax exemption be continued within the context of the HST and that he could
support sending the letter with latitude to modify its content. He proposed that he work with
staff to prepare a revised draft for Council’s consideration at its meeting to be held February
22, 2010.
On motion by Councillor G. Lorentz -
it was resolved:
“That subject to modifications to clarify its content, the letter drafted by the Cycling
Advisory Committee attached to Development and Technical Services Department
report DTS-10-026, be sent by the Mayor and Council to Dwight Duncan, Minister of
Finance, Province of Ontario, requesting the following:
‘That the principle of a Retail Sales Tax exemption on bicycle sales under $1,000
be continued when the Harmonized Sales Tax is introduced and remain beyond
its expiration date of December 31, 2010; and,
That dedicated, on-going provincial funding be directed to municipal cycling
infrastructure projects; and,
That Corporate tax concessions be considered for private sector companies that
undertake cycling related capital investments; and further,
That the Province be requested to establish a provincial cycling agency.’”
4. DTS-10-033 - DEMOLITION CONTROL APPLICATION DC 09/15/C/GS
- 40 CENTREVILLE STREET - TRIEDELL GROUP LIMITED
The Committee considered Development and Technical Services Department report DTS-10-
033, dated January 29, 2010, recommending approval of Demolition Control Application
DC09/15/C/GS for 40 Centreville Street.
On motion by Councillor B. Vrbanovic -
it was resolved:
“That Demolition Control Application DC09/15/C/GS requesting permission to demolish
one (1) single detached dwelling located at 40 Centreville Street, owned by Triedell
Group Limited, legally described as Part of Farm Lot, Registered Plan 589, be
approved subject to the following conditions:
1) That the owner obtains a building permit for the proposed residential unit
building; and,
That upon satisfaction of condition 1, the Chief Building Official may authorize and issue
a demolition permit under Section 33(6) of the Planning Act subject to the following
condition:
In the event that construction of the new dwelling is not substantially complete
within 2-years of the date of issuance of the demolition permit, the City Clerk may
enter on the collector’s roll, to be collected in like manner as municipal taxes,
$20,000 for each dwelling unit contained in the residential properties in respect of
which the demolition permit is issued and such sum shall, until the payment
thereof, be a lien or charge upon the land in respect of which the permit to
demolish the residential property is issued.”
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5.DTS-10-036 - REGION OF WATERLOO EMERGENCY DISPATCH MODEL REVIEW
The Committee considered Development and Technical Services Department report DTS-10-
036, dated January 18, 2010, recommending support of recommendations advanced by the
Dispatch Model Working Group related to a Regional Emergency Dispatch Model review;
continued participation of City staff in next steps of the review; and consultation with pertinent
government agencies.
Fire Chief Beckett advised that a report of the Working Group was presented to an All Councils
meeting on December 3, 2009 and each municipal Fire Services is to report to their respective
Council to obtain direction on moving forward to the next steps. The recommendations
advanced by the Working Group include: consolidating Fire Services dispatches into one Fire
Communications Centre co-located with the Waterloo Regional Police Communications
Centre; enhanced technology to reduce response times for medical emergencies and improve
community safety; and, co-locate a Central Ambulance Communications Centre with Police
and Fire Dispatch Services in the same facility. It was noted that next steps include detailed
review of labour relations; financial matters; facility design and requirements for a hot back-up
location; governance model; technology and infrastructure needs; Township partnership and
stakeholder consultation; consultation with the Ministry of Health and Long Term Care
(MHLTC); and other matters as they may arise.
Fire Chief Beckett advised that the 2nd and 3rd recommendation of the Working Group
requires co-operation by the MHLTC. He noted that Ministry representatives attended the first
meeting of the Working Group but thereafter, declined advising that this review is not within
their mandate. Therefore, consultation with the MHLTC is included in the next steps as they
have not participated in the communications process to date.
Councillor G. Lorentz asked what impact this has to the City of Kitchener. Fire Chief Beckett
advised that the primary benefit is increased public safety through ability to provide expedient
dispatch of units to the scene. He stated that the pros and cons of this proposal will be
provided in a report that is to come forward in June 2010, following subsequent detailed review
of the next steps. Councillor Lorentz questioned if the intent is to move control of Fire Services
to the Region of Waterloo. Fire Chief Beckett advised that various governance models are
being considered, including: a single tier model wherein Police and Fire services would be
housed together and operate under the same supervision; co-location of Kitchener and
Cambridge Fire Services to the Police Services facility with all three to operate separately; co-
location of Kitchener and Cambridge Fire Services to the Police Services facility with Police to
operate separately and Kitchener / Cambridge to operate under supervision of one or the other
City; co-location of one Fire Services (either Kitchener or Cambridge) to the Police Services
facility to operate separately under their existing supervision and the other Fire Services to
remain in its existing location and continue to operate under existing supervision. Fire Chief
Beckett stated that the key focus is to house Fire Services with Police Services to more
efficiently handle emergency calls by faster dispatching of units to the scene of an emergency.
Councillor Lorentz questioned when a decision by respective Councils is to be made in terms
of going ahead with implementing this proposal. Fire Chief Beckett advised that at this time,
Councils are asked only to provide support in principle for the concept of one Fire
Communications Centre co-located with the Police Services centre and to give direction to
staff to continue to participate in this review as outlined in the next steps. Subsequently, a
report will come forward in June 2010 to update on the outcome of the detailed review, and at
which time a decision as to whether or not to proceed to implementation will be sought.
Councillor K. Galloway questioned the impact continued participation may have on Kitchener’s
Fire Services resources. Fire Chief Beckett advised that at this time there is no financial
implication other than staff time to participate in the next steps review. He added that it was his
understanding there is monies set aside at the Regional level to accommodate hiring of a
consultant if deemed necessary to complete the review.
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5. DTS-10-036 - REGION OF WATERLOO EMERGENCY DISPATCH MODEL REVIEW
- (CONT’D)
On motion by Councillor G. Lorentz -
it was resolved:
“That the recommendations of the Dispatch Model Working Group presented in their
December 2009 report to the All Council Meeting on December 3, 2009, and as outlined
in Development and Technical Services Department report DTS-10-036, be supported
in principle; and,
That the Fire Chief or designate and members of the Human Resources, Finance and
Legal Divisions, as required, participate in the next steps of the Regional Emergency
Dispatch Model review; and further,
That local MPPs, AMO and the Minister of Health and Long Term Care be contacted to
encourage the Ministry to participate in discussions with regard to the Regional
Emergency Dispatch Model.”
6.DTS-10-034 - KING STREET RECONSTRUCTION PROJECT UPDATE
The Committee considered Development and Technical Services Department report DTS-10-
034, dated January 28, 2010, which provides a summary on the status of reconstruction on
King Street, Speakers Corner and the streetscape surrounding City Hall.
Mr. E. Saunderson presented details of the reconstruction project to date, including scheduling
challenges and complexities of certain aspects dealt with over the course of construction. Mr.
Saunderson advised that the 1st phase has been completed on time and within budget, with
approximately 50% of the original project budget ($5.5M) expended to date. He noted that
additional funding was received from the Federal stimulus funding program which allowed the
scope of the project to expand to the streetscape surrounding City Hall. He advised that the
latter is approximately 80% complete and will be finished in early spring 2010. Mr.
Saunderson stated that the 2010 project schedule as recommended complies with an
anticipated start date of April 5 and completion by mid to late September. The schedule will
use the same methodology as in 2009, with work to be completed block by block, on both
sides of the street at the same time and staging will include: Young Street to College Street;
College Street to Water Street; and Water Street to Francis Street. Staff and the project
consultant will continue to work with the Kitchener Downtown Business Improvement
Association to finalize scheduling details and staging of work.Mr. Saunderson further advised
that staff have adopted a “lessons learned” process as part of a continuous improvement
process.
Mayor C. Zehr asked what impact there would be to the stimulus funding given the finishing
details are to be left until after the deadline of March 31, 2010 under the Federal Community
Adjustment Fund program. Mr. Saunderson stated that it was his understanding that as long
as the costs of materials has occurred by the March 31 deadline, invoicing for same can
continue beyond the deadline to June 2010.
Councillor B. Vrbanovic questioned if residual work from phase one will be completed in early
spring rather than being left to the end of the next construction schedule. Mr. Saunderson
advised that this was the intent and completion of the work will begin as early in the spring as
weather permits. Councillor Vrbanovic noted concerns he had received that the pace of
construction had been slow until deadlines loomed and questioned what could be done to
encourage contractors to even out the pace of construction. Mr. Saunderson suggested that
this could be addressed as part of finalizing details of the project schedule and in particular, by
focusing on shorter milestone deadlines.
At the request of Councillor B. Vrbanovic, Ms. C. Ladd agreed to request Ms. P. Houston to
provide an update on the status of restoration and relocation of the Glockenspiel.
Councillor C. Weylie questioned when the final slip retardant covering would be installed on
the stainless steel elements at Speakers Corner and Mr. Saunderson advised that this is
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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6.DTS-10-034 - KING STREET RECONSTRUCTION PROJECT UPDATE (CONT’D)
weather dependent and will be completed as soon as temperatures return to a sustained
moderate climate. Councillor Weylie inquired as to what stage Halls Lane will be done. Mr.
Saunderson advised that the Lane will be done in conjunction with the last staging for Water
and Francis Streets.
The Committee then recessed at 6:50 p.m. and reconvened at 7:00 p.m.
The Chair read aloud the following statement:
“This is a formal public meeting to consider applications under the Planning Act. If a person or public
body does not make oral or written submissions to the City of Kitchener before the proposed
applications are considered, the person or public body is not entitled to appeal the decision to the
Ontario Municipal Board and may not be added as a party to a hearing of an appeal before the
Ontario Municipal Board.”
7. DTS-10-008 - DRAFT PLAN OF CONDOMINIUM 30CDM-09207
- 133-155 HIGHLAND CRESCENT - EASTFOREST HOMES
The Committee considered Development and Technical Services Department report DTS-10-
008, dated January 21, 2010, recommending draft approval of Condominium Application
30CDM-09207 for 133-155 Highland Crescent (Eastforest Homes), subject to certain
conditions.
Ms. Della Ross advised that this application addresses the common elements of the
condominium plan only (i.e. private road, visitor parking, bike racks and playground), as
required under regulation of the Planning Act. The individual freehold townhouse units will be
created by separate Part Lot Control application under the City’s Parcels of Tied Lands Policy.
On motion by Councillor G. Lorentz -
it was resolved:
“That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990,
c.P.13, as amended and By-law 2002-164, as amended, of the City of Kitchener, hereby
grants draft approval to Condominium Application 30CDM-09207 for 133-155 Highland
Crescent in the City of Kitchener, subject to the conditions contained in Development
and Technical Services Department report DTS-10-008.”
8.DTS-10-031 - SELECTION OF STORMWATER MANAGEMENT RATE METHODOLOGY
The Committee considered Development and Technical Services Department report DTS-10-
031, dated February 3, 2010, recommending adoption of a “Tiered Flat Fee” stormwater
funding rate model to support the annual level of service for stormwater management.
Mr. G. Murphy stated that implementing a storm water funding rate is one step to improving the
City’s Storm Water Management Program (SWM) and has been under consideration through a
series of staff reports, as previously presented. The purpose of this report is to provide
detailed aspects of the two rate methodologies: the “Tiered Flat Fee” (TFF) and the “Tiered
Single Family Unit” (TSFU). Mr. Murphy reviewed aspects of the study undertaken in
conjunction with the City of Waterloo, which concluded that a storm water rate structure is
feasible and defendable. On January 18, 2010 Council approved recommendations in support
of the principle of shifting the storm water management program from a property tax supported
program to a user rate funded program at an increased sustainable level of service from $5.8M
to $9.9M (2007 dollars); and requested further information on the various rate models to assist
in making a decision as to a preferred rate methodology.
Mr. Mike Gregory, AECOM Canada, provided an overview of the various funding models,
beginning with the current funding method through the property tax base system which
provides the following split in contributions to storm water at the current funding level: 61%
single family residential; 14% multi-family residential; 23% non-residential taxable; and 3% tax
exempt properties (including Payment in Lieu of Tax). Mr. Gregory pointed out that even under
the current system, tax exempt properties do contribute some dollars toward storm water.
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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8. DTS-10-031 - SELECTION OF STORMWATER MANAGEMENT RATE METHODOLOGY
- (CONT’D)
The 2008 study focused on the TSFU funding model which takes into consideration the
amount of impervious area (ie. surfaces resistant to water penetration) on a property, wherein,
the greater the amount of run-off the greater demand on the City’s SWM system. A sampling
of statistical data was taken to determine base unit calculation for an average single family
residential property and used to establish the rates. Mr. Gregory noted that there is no
statistical data available for non-residential properties, which will require approximately 4,000
properties in the City to be individually measured to determine their impervious area on which
to base the TSFU charge. Under the TSFU there are 8 residential categories, with the single
residential category divided into 3 tiers of small, medium and large; and 2 non-residential
categories. A table was provided showing the distribution of annual revenue to be generated
by the TSFU to meet the approved increased sustainable level of service ($9.9M - 2007
dollars). Mr. Gregory advised that an additional $250,000. is required to accommodate
administrative costs for the TSFU.
Graphs illustrating the percentage of contributions to storm water as divided among the 10
categories under the TSFU, in comparison to the 4 categories under the TFF, was provided.
Mr. Gregory advised that the TFF model is simpler and more easily administered. The model is
based on the principle that if a property owner is served by the local water utility through a
water meter, then the storm water service charge could be allocated based on land parcel
usage within each property classification. This model uses 4 categories, and matches the
TSFU revenue distribution, with 51% single family; 14% multi-family; 26% non-residential
taxable; and 9% tax exempt properties. Rationale for recommending the TFF as the preferred
rate model was provided, including: it maintains the same distribution levels as the TSFU
while providing a simpler, more cost effective approach that will allow staff to meet the
implementation deadline of January 2011; cost savings will be realized in that this model
requires only $50,000 per year to cover administrative costs versus the $250,000 required for
the TSFU; this model will allow a consistent approach with the City of Waterloo who has
adopted the TFF model; and the funding generated will enable the City to address capital
priorities within its SWM program, including an earlier start time for the Victoria Park Lake
project.
A summary of monthly charges to the largest residential property classification was reviewed,
which shows an average of $12 / month under the current tax levy program; $11 / month under
the TSFU model; and $8 / month under the TFF model. Mr. Gregory noted that 90% of the
single residential properties would actually pay less under the TFF model than that of the
TSFU. He advised that further refinement of the TFF model is required over the coming
months to differentiate between properties with multi-family residential, non-residential,
institutional and tax exempt properties to reflect variability in each category.
Mr. G. Murphy advised that if the preferred model is adopted staff will immediately begin work
on the SWM rate implementation program and present a report in May 2010 with a rate
structure, 10 Year Operating and Capital Forecast and rate implementation phase-in period.
He added that adjustments to the billing system will be necessary which will begin in early
April, with completion anticipated by the end of December 2010.
Mayor C. Zehr raised concerns with respect to the TFF rate estimates for the small single
family residential category, which represents the 10% of single family properties that will see a
higher increase. He questioned if a different factor could be applied to the 10% to achieve a
lesser fee given that small properties would not have the same coverage of land mass as the
other residential categories.Mr. Gregory stated that the 10% could be further broken down
into additional tiers within the same level of distribution. Mayor Zehr requested clarification of
the $250,000 cost under the TSFU. Mr. Gregory advised that this relates to adjustments to the
master billing system, and will include measuring of all non-residential properties for
impervious area. Mayor Zehr inquired if there was a simple method to apply a differing factor
to the 10% under the TFF to achieve a lesser rate for this residential category. Mr. G. Murphy
stated that this would require additional adjustments to the billing system to identify those
accounts making up the 10%. Mayor Zehr advised that he could support moving toward a TFF
model but would like to see some method to address a more equitable rate for the 10% of
DEVELOPMENT & TECHNICAL SERVICES COMMITTEE MINUTES
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8. DTS-10-031 - SELECTION OF STORMWATER MANAGEMENT RATE METHODOLOGY
- (CONT’D)
small residential properties given they are likely to incur the most hardship in accommodating a
higher fee increase.
Councillor B. Vrbanovic raised similar concerns, questioning if the small residential category
could be kept in the range they are now and the City still achieve anticipated benefits of the
funding program. Mr. Gregory advised that adjustments made in one category would have to
be made up in others. He cautioned that precedent has been set in the United States, through
a Court challenge, wherein it was ruled that certain properties cannot just be exempted by
raising rates in other categories. He suggested that the City would have to use its tax base to
pay for any exemptions, either through a grant or through subsidization.
Councillor Vrbanovic questioned what could be done to encourage property owners to improve
their impact on storm water. Mr. G. Murphy stated that once in place, funding from the SWM
program will enable staff to directly fund environmental programs geared toward improving
storm water management. He added that a primary focus will be on education of the public to
raise their level of knowledge of storm water issues; inform them of how their actions influence
the maintenance and management of storm water; and provide information on what they can
do to improve their impact on storm water.
Councillor G. Lorentz inquired if the $250,000 administrative costs under TSFU is a one time
cost. Mr. Gregory advised that the $250,000 represents an initial cost to make necessary
adjustments to the master billing system and beyond, an annual cost of $200,000+ will be
required to maintain the database and to develop credit policies that will have to be managed
and maintained. Councillor Lorentz raised concerns that there is no incentive to owners of
existing properties to make improvements under the proposed rate model. Mr. Gregory noted
that there are major incentives for the larger properties under the TFF, suggesting that
residential properties do not have as much impact on storm water and it is more important to
target those properties that would result in an appreciable difference.
Councillor K. Galloway questioned if it was still intended to move to the TSFU model at some
point in future. Mr. Murphy advised that this would be at the discretion of Council, noting that
this would be feasible to do over time. At the request of Councillor Galloway, Mr. Murphy
agreed to provide information as to how other municipalities currently using the TFF model
have dealt with the tax exempt properties. Councillor Galloway added that she would also like
to see how School Boards will fund the swm rate charges if not subsidized by the City.
Mayor C. Zehr advised that he was aware that the Ministry of Education has been approached
by the School Boards to determine if Provincial policy will be developed and / or how the
Province would see the additional dollars being covered. Mayor Zehr questioned when
consultation with the tax exempt properties would be undertaken and Mr. Murphy advised that
consultation would begin immediately on review of the communications plan and continue
through February and March.
Councillor J. Smola questioned how the swm costs are to be billed. Mr. Gregory advised that
a separate line item for storm water service would be added to the monthly Utility bill. Mr.
Gregory agreed to provide an example in the report that is to come forward in May 2010.
On motion by Mayor C. Zehr -
it was resolved:
“That the “Tiered Flat Fee” stormwater funding rate model, as outlined in Development
and Technical Services Department report DTS-09-042, be adopted for implementation
beginning on January 1, 2011 to support the approved annual level of service for
stormwater management of $9.9M (2007); and further,
That staff report to Council on a final stormwater rate structure in May 2010 with
additional rate categories to provide further differentiation between properties within
residential, multi-family residential, non-residential, institutional and tax exempt
categories.”
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9. DTS-10-035 - STORMWATER MANAGEMENT IMPLEMENTATION
- CONSULTANT PURCHASE ORDER EXTENSION
The Committee considered Development and Technical Services Department report DTS-10-
035, dated January 29, 2010, recommending extension of a consultant purchase order with
AECOM Canada to provide an expanded scope of work relative to the approved stormwater
rate methodology for the Stormwater Management Program.
On motion by Councillor G. Lorentz -
it was resolved:
“That the scope of work for AECOM Canada (formerly TSH Associates) be extended in
the amount of $35,000 to include the implementation of the Council approved
stormwater rate methodology.”
10.ADJOURNMENT
On motion, the meeting adjourned at 7:50 p.m.
J. Billett
Committee Administrator