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City of Kingston Council Agenda

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City of Kingston Council Agenda COUNCIL. MEETING0 4 JAN 2 0 ’09 I f CITY OF KINGSTON EmA REPORT TO COUNCIL I Report No.: 09-034 I TO: Mayor and Council FROM: Jim Keech, President and CEO, Utilities Kingston RESOURCE STAFF: Mark Van Buren, Director, Engineering Department DATE OF MEETING: January 20,2009 SUBJECT: Authorization for Mayor and Clerk to Sign Agreement for Encroachment of Accessibility Ramp at 629 Princess Street - Martha’s Table EXECUTIVE SUMMARY: The Executive Director of Martha’s Table, which is located at 629 Princess Street, has requested permission from the City of Kingston to construct an entrance ramp within the City right-of-way to provide accessible entry to their establishment. The acquisition of this property required interior building modifications to provide accessible services for their patrons. The resulting location of the accessible washroom and accessible dining area necessitates the accessible entrance to be located off the Princess Street frontage. RECOMMENDATION: THAT Council authorize the Mayor and the Clerk to sign an encroachment agreement, in a form satisfactory to the Director of Legal Services, with the Executive Director of Martha’s Table to permit the installation of an entrance ramp within the public right-of-way at 629 Princess Street; - and further - THAT the encroachment agreement requires that the ramp be maintained by the management of Martha’s Table; and that the ramp will be removed from the property if Martha’s Table should relocate; or if the City is named in any future litigation resulting from harm to a person(s) caused by the location of the ramp. 1 COUNCIL MEETING0 4 JAN 2 0 '09 REPORT TO COUNCIL Report No.: 09-034 January 20,2009 - Page 2 - AUTHORIZING SIGNATURES: I I 1 ORIGINAL SIGNED BY PRESIDENT & C.E.O., UTILITIES KINGSTON I Jim Keech, President and CEO,Utilities Kingston I Gerard Hunt, Chief Administrative Officer' ATIVE OFFICER CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Commissioner Beach, Sustainability & Growth I \/ Comm issione r Thurston, Community Development Services NIR I I ~~ ~ I Commissioner Leger, Corporate Services NIR Jim Keech, President, Utilities Kingston NIR (N/R indicates consultation not required) REPORT TO COUNCIL. Report No.: 09-034 January 20,2009 - Page 3 - OPTIONS/DISCUSSION: The Executive Director of Martha’s Table, which is located at 629 Princess Street, has requested permission to install an entrance ramp in the Princess Street right-of-way adjacent to the building. Key map attached as Exhibit “A”. Delegated authority has been provided to staff to review and approve encroachments for such items as awnings, fences and hedges, inadvertent and temporary encroachments through By-law 2007-107, ‘;4 By-Law to Protect the City’s Highways from Unauthorized Encroachments”. However, it does not authorize staff to approve permanent encroachments of this nature in the right-of-way. Therefore an agreement to be signed by the Mayor and the Clerk is required to permit the accessible ramp to be constructed on the City owned right-of-way. The limit of the Princess Street right-of-way in this location is the building face. The ramp has been designed in accordance with standards and specifications for accessibility. Because of the configuration of the interior of the building, the Princess Street frontage is the appropriate location for the accessible entrance and it facilitates unrestricted access to one of the dining areas and the accessible washroom. Any other location for access from the outside would be cost prohibitive for Martha’s Table as it would have resulted in extensive retrofitting of the building. The proposed agreement to permit the encroachment onto the public right-of-way would also commit the Executive Director of Martha’s Table to maintain the ramp. The location of the ramp has been reviewed by staff to ensure that there is no conflict with existing underground infrastructure installed in the right-of-way and also confirmed that it has limited impact on municipal maintenance operations such as snow clearing. The agreement will also entitle the City to remove the works if necessary and any costs associated with removal will be borne by the executive director of Martha’s Table. Staff is recommending that Council authorize the Mayor and the Clerk to sign an encroachment agreement prepared to the satisfaction of the Director of Legal Services. EXISTING POLICY/BY LAW: An encroachment agreement for the placement of an access ramp within the right-of-way must be signed by the Mayor and Clerk. There is no existing by-law that gives delegated authority to staff or the mayor and clerk to proceed. NOTICE PROVISIONS: NIA ACCESSIBILITY CONSIDERATIONS: The purpose of the encroachment is to provide an accessible entrance to Martha’s Table. The ramp has been designed incorporating the appropriate standards and specifications for an access ramp as laid out in the Building Code. Additional comments from the Accessibility Advisory Committee have been provided to the designer for consideration. FINANCIAL CONSIDERATIONS: The 2008 application fee for an encroachment permit is $97.65 including GST. In addition, there is an annual fee for the encroachment of $30.45 which will be added to the taxes for the property. CONTACTS: Kim Brown, Infrastructure Engineer, Engineering Department REPORT TO COUNCIL. Report No.: 09-034 January 20,2009 - Page 4 - OTHER CITY OF KINGSTON STAFF CONSULTED: Damon Wells, Director, Public Works Department Mark McLaughlin, Associate Legal Council, Legal Services Barry Kaplan, Accessibility Planning Coordinator, Planning & Development Department EXHIBITS ATTACHED: Exhibit “A”- Location Map 4 Exhibit 'A' CITY OF KINGSTON Engineering Department Infrastructure Management Martha's Table Location Plan 5 COUNCIL MEETING0 4 JAN 2 0 '09 CITY OF KINGSTON REPORT TO COUNCIL I Report No.: 09-039 I TO: Mayor and Council FROM: Jim Keech, President and CEO, Utilities Kingston RESOURCE STAFF: Mark Van Buren, Director, Engineering Department DATE OF MEETING: January 20,2009 SUBJECT: Transport Canada Lease Agreements EXECUTIVE SUMMARY: The City of Kingston currently holds licence agreements with Transport Canada that permit the City to operate and maintain storm sewer overflow outlets on federal waterlots located at the foot of West Street and Barrack Street. The licence agreements for both locations are scheduled to terminate on March 31, 2009. As a result, Transport Canada has provided the City with proposed Supplemental Agreements that will extend the term of both licences and amend the rental rates agreed to in the original licence agreements. RECOMMENDATION: THAT Council authorize the Mayor and Clerk to enter into Supplemental Agreements with Transport Canada that will extend the term and amend the rental rate of licences for storm sewer overflow outlets located on federal waterlots at.the foot of West Street and Barrack Street. AUTHORIZING SIGNATURES: ORIGINAL SIGNER BY PRESIDENT & C.E.O., UTILITIES KINGSTON Jim Keech, President and CEO, Utilities Kingston ATIVE OFFICER CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Commissioner Beach, Sustainability & Growth NIA Commissioner Thurston, Community Development Services NIA Commissioner Leger, Corporate Services NIA Jim Keech, President, Utilifies Kingston NIA I 6 COUNCIL MEETINGO 4 JAN 7 0 '09 REPORT TO COUNCIL. Report No.: 09-039 January 20,2009 - Page 2 - OPTIONS/DISCUSSION: The City of Kingston currently holds licence agreements with Transport Canada that permit the City to operate and maintain storm sewer overflow outlets on federal waterlots located at the foot of West Street and Barrack Street. The licence agreements for both locations are scheduled to terminate on March 31, 2009. As a result, Transport Canada has provided the City with proposed Supplemental Agreements that will extend the term of both licences commencing April 1, 2009 and terminating on March 31,2012. Transport Canada also proposes to amend the rental rates agreed to in the original licence agreements for the period starting April 1, 2009 and ending March 31,2012. The original rental rates were assessed based on the area occupied by the storm outlet within the federal waterlot. Effective April 1,2009, the rental rate applied to the licence for the storm outlet at the foot of West Street will increase from $2,189 per year to $2,230 per year. The rental rate applied to the licence for the storm outlet at the foot of Barrack Street will increase from $381 per year to $390 per year. Both of these storm sewer overflow outlets continue to be a necessary part of the City's drainage system and as a result, staff recommends that the City enter into the Supplemental Agreements with Transport Canada to ensure the storm outlets are legally permitted and remain accessible for on-going operation and maintenance. EXISTING POLICY/BY LAW: N/A NOTICE PROVISIONS: N/A ACCESSIBILITY CONSIDERATIONS: N/A FINANCIAL CONSIDERATIONS: The amended rental rates included in the proposed Supplemental Agreements are $2,230 per year and $390 per year for the storm outlets at the foot of West Street and Barrack Street respectively. These annual costs will be accommodated within the Engineering Department operating budget for Storm Water Management. CONTACTS: Mark VanBuren, Director of Engineering ext. 3218 Hal Linscott, Director of Legal Services, ext. 1296 OTHER CITY OF KINGSTON STAFF CONSULTED: Lorraine Thibadeau, Property Leasing Specialist, ext 1839 EXHIBITS ATTACHED: N/A mi CITY OF KINGSTON Em REPORT TO COUNCIL I Report No.: 09-044 I TO: Mayor and Council FROM: Desiree Kennedy, Director of Financial Services RESOURCE STAFF: Pat Carrol, Manager of Taxation and Revenue DATE OF MEETING: 2009-01-20 SUBJECT: 2009 INTERIM TAX LEVY EXECUTIVE SUMMARY: The Municipal Act, 2001 (the Act) allows municipal councils to pass by-laws for the purpose of levying an interim tax levy, prior to the adoption of the estimates for the year. The interim tax amount to be levied shall not exceed 50% of the total amount of taxes levied on the property in the previous year.
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