city of kingston council agenda - meeting 09-2009 - report

COUNCIL MEETINGO 9 APR - 7 ’09

CITY OF KINGSTON REPORT TO COUNCIL

I ReDortNo.: 09-086 I

TO: Mayor and Council

FROM:

RESOURCE STAFF:

DATE OF MEETING: April 7,2009

SUBJECT:

Denis Leger, Commissioner of Corporate Services

Sheila Kidd, Director of Corporate Asset Operations Lorraine Thibadeau, Property Leasing Specialist

Harbour Restaurant Limited - Lease from the City 53 Yonge Street - Portsmouth Olympic Harbour

EXECUTIVE SUMMARY:

The Harbour Restaurant Limited (the “tenant”) has leased space in the Portsmouth Olympic Harbour Building since 1976 and occupies approximately 13,066 square feet, comprised of the entire second floor and a portion of the first floor. The tenant originally operated a full-service restaurant and snack bar on-site. The business now functions as a banquet facility on the second floor and a snack bar and bar on the main level. Under the expired lease, the tenant has options to renew the lease for two further five-year terms, the last of which would expire on December 31, 2016. The tenant exercised the first of these options on a timely basis and has been in negotiations with the City since 2007. In the intervening period (2007 - 2008) the tenancy has been maintained on an overhold basis.

The original lease dated 1976 was renewed and amended several times over the years. Rather than proceed with a further renewal, staff undertook negotiations with the tenant for a new lease which would allow for implementation of the City’s updated form of lease. The move to the new form of lease broadened the scope and prolonged negotiations however it provides clarity for both parties.

A new lease for a term of ten years, which requires the tenant to pay market rental rates plus utilities and property taxes, has been negotiated. Under the new lease, the tenant will pay a per square foot rental rate in addition to its share of utilities and property taxes which will be reconciled on an annual basis.

RECOMMENDATION:

THAT Council authorize the Mayor and Clerk to execute a lease between the City and The Harbour Restaurant Limited, in a form satisfactory to the Director of Legal Services, for a term of ten (1 0) years commencing on January 1,2009 and expiring on December 31,2018, at the following annual base rental rates, plus the tenant‘s share of utilities and property taxes:

REPORT TO COUNCIL

Commissioner Beach, Susfainabihfy & Growth

April 7,2009 - -

NIR

COUNCIL MEETINGO 9APR - 7 '09 Report No. 09-086

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Commissioner Leger, Corporate Services

Jim Keech, President, Utilities Kingston

AUTHORIZING SIGNATURES:

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I ORIGINAL SIGNED BY COMMISSIONER I Denis Leger, Commissioner of Corporate Services 1 ORIGINAL SIGNFD BY CHlFF RATlVE OFFICER Gerard Hunt, Chief Administrative Officer

1 Commissioner Thurston, Community Development Services I NIR I

(MI? indicates consultation not required)

REPORT TO COUNCIL

COUNCIL MEETINGO 9 APR - 7 '09 Report No. 09-086

April 7,2009 - -

OPTIONSIDISCUSSION:

The City had entered into a lease with The Harbour Restaurant Limited for a term of ten years commencing on August 1, 1976 and expiring on July 31 , 1986. The lease was amended and renewed several times with the last lease expiring on December 31,2006.

Under the terms of the previous lease, base rent was the greater of a flat rate or percentage of gross receipts. For 2006, the flat rate was $44,000 and the percentage of gross receipts calculation was $54,500. In addition, the tenant paid its share of utilities which were reconciled annually.

The lease gave the tenant two five-year renewal options, the last of which would expire on December 31, 2016. The tenant exercised its first option and negotiations began in early 2007 for terms of the first five-year renewal period. Rather than proceed with yet another lease renewal or amending agreement, staff undertook negotiations with the tenant for a new lease which would allow for the implementation of the City's updated form of lease. In the intervening period (2007 - 2008) the tenant has remained in the premises on an overhold basis.

In April 2007, staff obtained a market rent appraisal which established market rent at $8.00 per square foot net to the City. Negotiations continued into fall of 2008, at which time staff obtained a second appraisal in light of the downturn in the economy. The second appraisal recommended a market rate of $7.50 per square foot net to the City.

A new lease for a term of ten years, which requires the tenant to pay market rental rates plus utilities and property taxes, has been negotiated. Under the new lease, the tenant will pay a base rental rate plus utilities and property taxes which will be reconciled annually.

The washrooms on the second level form part of the space leased by the tenant and, after more than thirty years, are in need of refurbishing. The tenant wishes to proceed with renovations and anticipates spending in excess of $100,000 to do so. In return for the tenant paying directly for these renovations, the City has agreed to reduce the annual base rent from $7.50 per square foot to $5.50 per square foot for a three-year period commencing January 1 , 2009. The $2.00 per square foot reduction totals $78,396 over the three years. In the event the tenant does not undertake and complete the washroom renovations by March 1, 201 0, rent will revert to $7.50 per square foot retroactively to January 1 , 2009.

These capital renovations will have some residual value beyond the ten-year term of the lease and will benefit the City in future years. The reduction in rent of approximately $80,000 equals the amount which the City could reasonably have expected to spend on capital improvements to the washrooms. Renovations were required whether or not the tenant occupied the building and any costs over $80,000 will be borne by the tenant.

EXISTING POLICYIBY LAW:

By-Law No. 98-1 , Council Procedure &Law which provides authority for the Mayor and Clerk to sign all agreements that are approved by Council.

NOTICE PROVISIONS:

NIA

ACCESSIBILITY CONSIDERATIONS:

NIA

COUNCIL MEETIMGO ~ R I T - 7 '09

REPORT TO COUNCIL Report No. 09-086 April 7,2009 - -

FINANCIAL CONSIDERATIONS:

The City will receive a total base rent of $973,417 over the ten-year lease term plus recovery of utility and property tax expenses of approximately $757,828 (subject to reconciliation to actual costs), as shown below.

Jan. 1/12 - Dec. 31/16

The per square foot rental rate for the first three years has been reduced by $2.00 as an offset to the capital renovation costs for the second floor washrooms which will be paid by the tenant; otherwise annual rent for that period would have been $97,995 calculated at $7.50 per square foot. The interval increments in the base rental rates in 2012 and 2017 increase the rates to $8.00 and $9.00 per square foot respectively. These increments represent a cumulative 3% per annum factor to ensure that rates remain somewhat current and reflect potential market variations and increases.

CONTACTS:

Lorraine Thibadeau, Property Leasing Specialist (613) 546-4291, Ext. 1839

OTHER CITY OF KINGSTON STAFF CONSULTED:

Alan McLeod, Senior Legal Counsel (61 3) 546-4291, Ext. 1237

EXHl BITS ATTACH ED:

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COUNCIL MEETIMGO 9 AQR - 7 '09

REPORT TQ COUNCL UTILITIES KlNGSTON 1425445 ONTARIO LIMITED


FROM:

RESOURCE STAFF:


SUBJECT:

Jim Keech, President and CEO, Utilities Kingston

Jim Miller, Manager, Technical Resources, Utilities Kingston

Lease Renewal at King Street Water Purification Plant

EXECUTIVE SUMMARY:

The City of Kingston currently operates and maintains a water intake pipe on the bed of Kingston Harbour which selves the King Street Water Purification Plant. This pipe is subject to a Licence Agreement with Transport Canada for the use of this property. The term of the agreement will expire and requires renewal (another 5 years) and a cost escalation paid yearly has been incorporated into the renewal. The amending or Supplemental Agreement requires Council's authorization/approval in order to be executed.

Throughout the City of Kingston many similar agreements exist for sanitary sewer, water and gas infrastructure. It is recommended where renewals of previously approved agreements for infrastructure are required and that the renewal involves the time frame and normal cost escalation provisions only, that the authority to execute those types of agreements be delegated to staff.

RECOMMENDATION:

That Council authorize the Mayor and Clerk to execute the Supplemental Agreement with Transport Canada for the operation and maintenance of the water intake pipe on the bed of Kingston Harbour; and

That Council delegate the approval of entering into an amending or supplemental agreements or licences involving sanitary sewer, water or gas infrastructure to the President of Utilities Kingston or his delegate where:

1. The amending agreement or licence involves existing infrastructure; 2. The amending agreement or licence involves a change to the term of the agreement and or a normal cost escalation

provision for the use of the property; and 3. Subject to the approval of the City Solicitor

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REPORT TO COUNCIL,.

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Commissioner Thurston, Community Development Services

Commissioner Leaer. CorDorate Services

COUNCIL MEETINGO 9 RPR - 7 ‘09 Report No.: 09-116

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2009-04-07 - Page 2 -

OWAL SlGNE D BY PRESIDENT & C . u lTlES KINGSTON Jim Keech, President and CEO, Utilities Kingston

O R ~ G I w n ~ T R ATIVE OFFICER Gerard Hunt. Chief Administrative Officer

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

I Commissioner Beach, Sustainability & Growth I NIR I

I Jim Keech, President, Utilities Kingston 1 J I ~ ~ ~~~ ~~

(N/R indicates consultation not required)

REPORT TO COUNCIL. COUNCIL MEETINGO 4 APR - 7 '8%)

Report No.: 09-116 2009-04-07 - Page 3 -

OPTIONSIDISCUSSION:

In September 2007 the City of Kingston entered into a Licence Agreement with Transport Canada for the purposes of maintaining and operating a water intake pipe on the bed of Kingston Harbour. This pipe serves as the water intake pipe for the King Street Water Purification Plant. The Licence Agreement will expire at the end of March. Transport Canada has provided a Supplemental Agreement for our licence that extends the term of the Agreement and adjusts the annual licence fee.

The new term of the agreement is standardized on a 5 year term and as such will run from April 1,2009 until March 31,201 2. The annual fee is adjusted from $3,240 to $3,305 per annum. As the intake pipe is integral to the provision of potable water it is recommended that Council authorize the Mayor and Clerk to execute the Supplemental Agreement.

In circumstances where renewals of licences or agreements previously authorized and executed by Council are required in order to maintain existing infrastructure it is also suggested that consideration be given to delegating these renewals to staff. This would not apply to new agreements or where changes to the agreement go beyond simple time extensions or normal cost escalations. This type of delegation would simplify the process of renewing agreements required to maintain our existing infrastructure and would apply to water, sanitary sewer and gas infrastructure. It should be noted that these types of agreements currently exist with a number of authorities including CN and Transport Canada and in a variety of locations throughout the City of Kingston.

EXISTING POLICY/BY-LAW: NIA

NOTICE PROVISIONS: N/A

ACCESSIBILITY CONSIDERATIONS: NIA


Fees paid annually for the use of property occupied by sanitary sewer, water or gas infrastructure are budgeted for each year. There are no financial impacts associated with this report.

CONTACTS:

0 Jim Miller, Manager, Technical Services, Utilities Kingston - 61 3-546-1 181 Extension 2475


Hal Linscott, City of Kingston Solicitor

EXHIBITS AllACHED: NIA

COUNCIL MEETINGO 9 APW - 7 '09

CITY OF KINGSTON

REPORT TO COUNCIL

I Renort No.: 09-120 I

TO:

FROM:

RESOURCE STAFF:

DATE OF MEETING:

SUBJECT:

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Mayor and Council


Mark Van Buren, Director of Engineering

April 7,2009

Bath Road Speed Limit Reduction

EXECUTIVE SUMMARY:

Traffic volumes at the commercial plaza on the northeast corner of Bath Road & Collins Bay Road have grown substantially over the years with the construction of a Tim Horton's and the introduction of additional pumps at the gas station. Since there is a sharp curve on Bath Road just east of Collins Bay Road, residents and the local councillor have requested that the by-law be revised such that the speed limit is lowered from 60 kmlh to 50 kmlh, east of Collins Bay Road, in front of the commercial area and continues 430 meters eastbound until the end of the curve.

RECOMMENDATION:

THAT City Council amend By-Law No. 2003-209, "A By-Law For Regulating Traffic in the Highways Of The City of Kingston, Subject To The Provisions Of The Highway Traffic Act" as amended, in order to reduce the speed limit on Bath Road, from 60 kmlh to 50 kmlh, east of Collins Bay Road for a distance of 430 meters.


ORIGINAL SIGNED BY PRESIDENT & C.E.O., UTILITIES KINGSTON Jim Keech, President & CEO Utilities Kingston

RATlVE OFFICER

REPORT TO COUNCIL.

Commissioner Thurston, Community Developmenf Services

April 7, 009 - Page 2 -

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COUNCIL MEETINGO 9 - 7 '09

Jim Keech, President, Utilifies Kingsfon

Report No.: 09-120

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Commissioner Beach, Sustainability & Growth I NIR

I Commissioner Leger, corporate Sewices I NIR

(NIR indicates consultation not required)

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COUNCIL MEETINGO 9 APR - 7 UY

REPORT TO COUNCIL. Report No.: 09-120 April 7,2009

- Page 3 -

OPTlONSlDlSCUSSlON :

Traffic volumes at the commercial plaza on the northeast corner of Bath Road & Collins Bay Road have grown substantially over the years with the construction of a Tim Horton's and the introduction of additional pumps at the gas station. There are also many single family homes with driveways on the south side of Bath Road in this area. Since there is a sharp curve on Bath Road just east of Collins Bay Road, there is a potential safety concern with the high number of vehicles entering and exiting the commercial area and with residents accessing homes.

The current posted speed limit on Bath Road is 60 kmlh from Collins Bay Road to Portsmouth Avenue. On Bath Road, just west of Collins Bay Road, the current posted speed limit is 50 kmlh for a distance westward of approximately 400 meters. In order to increase the level of safety in this area, the local councillor and residents have requested that the by-law be revised such that the speed limit on Bath Road be lowered from 60 kmlh to 50 kmlh, east of Collins Bay Road, in front of the commercial area and continues 430 meters eastbound until the end of the curve.

Staff support this request and recommend the by-law be revised accordingly.

EXISTING POLlCYlBY LAW:

By-Law No. 2003-209, A By-Law For Regulating Traffic in the Highways Of The City of Kingston, Subject To The Provisions Of The Highway Traffic Act".

NOTICE PROVISIONS: NIA

ACCESSIBILITY CONSIDERATIONS: N/A


There are no additional costs related to this change that need to be accommodated within the Traffic Division budget.

CONTACTS:

Chris Sleeth, CET, Traffic Supervisor, Engineering Department, Ph.613-546-4291 Ext.3149


Deanna Green, P.Eng., Manager, Traffic Division, Engineering Department, Ph.613-546-4291 Ext.3170

EXHIBITS ATTACH ED : Appendix A, Draft by-law Appendix B, map of area

Appendix “A”

Highway

Bath Road

BY-LAW NO. 2003-209 -TRAFFIC

From To 430 metres East of Collins Bay 152 Metres West of Road Portsmouth Avenue

A BY-LAW TO AMEND BY-LAW N0.2003-209, “A BY-LAW FOR REGULATING TRAFFIC IN THE HIGHWAYS OF THE CITY OF KINGSTON, SUBJECT TO THE PROVISIONS OF THE HIGHWAY TRAFFIC ACT”, (AMEND SPEED LIMIT - Bath Road)

Highway From

Bath Road Collins Bay Road

PASSED: , 2009

To 152 Metres West of Portsmouth Avenue

The Council of the Corporation of the City of Kingston enacts as follows:

1. By-law 2003-209, entitled “A By-law for Regulating Traffic in the Highways of the City of Kingston, Subject to the Provisions of the Highway Traffic Act”, as amended, is hereby further amended as follows:

Add: To Schedule A-3 Highways with a limit of 60 Kilomtres per Hour

A-3 Highways with a Limit of 60 Kilometres per Hour

Delete: To Schedule A-3 Highways with a limit of 60 Kilomtres per Hour

A-3 Highways with a Limit of 60 Kilometres per Hour

2. This by-law will come into force and take effect on the date of its passing.

GIVEN FIRST AND SECOND READINGS ,2009\

GIVEN THIRD READING AND PASSED , 2009

CITY CLERK MAYOR

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CITY OF KINGSTON Engineering Department

Speed Reduction Bath Road

Date: March 17. 2009 Appendix 'B'

COUNCIL MEETlNGO 9 APR - 7 '09

I Report No.: 09-121 I TO:

FROM:

RESOURCE STAFF:

DATE OF MEETING:

SUBJECT:

Mayor and Council


Mark Van Buren, Director of Engineering

April 7,2009

Parking Changes at St. Marguerite Bourgeoys Catholic School Waterloo Drive

EXECUTIVE SUMMARY:

Parking by-law changes are being proposed in order to create a fifteen minute drop-off and pick-up area in front of St. Marguerite Bourgeoys Catholic School on Waterloo Drive. Parking is currently not permitted on either side of Waterloo Drive in front of the school.

RECOMMENDATION:

THAT City Council repeal By-Law 98-290, a By-Law to amend By-Law No.90-77, of the former Township of Kingston "Traffic" (Prohibition of Parking on school days only between 8:30 am to 4:30 pm -both sides of Waterloo Drive in front of %Marguerite Bourgoeys Catholic School).

THAT City Council amend By-Law No.24, entitled, "A By-law for Regulating Traffic in the Highways of the City of Kingston, Subject to the Provisions of the Highway Traffic Act" as amended, in order to implement a new drop-off and pick-up area on Waterloo Drive, in front of St.Marguerite Bourgeoys Catholic School.


ORIGINAL SIGNED BY PRESIDENT & C.E.O., UTILITIES KINGSTON Jim Keech, President & CEO Utilities Kingston

I ORlGlNAb SIGNED BY CHIEF ADMINE RATIVE OFFICER Gerard Hunt, Chief Administrative Officer

REPORT TO COUNCIL.



April 7,2009 - Page 2 -

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Report No.: 09-121


Commissioner Beach, Sustainability & Growfh 1 N/R

I Commissioner Thurston, Community Development Services I NIR I


COUNCIL MEETIMGO 9 !vq - ? ’09 REPORT TO COUNCIL. Report No.: 09-121

April 7,2009 - Page 3 -

OPTIONSIDISCUSSION:

Parking is currently not permitted on either side of Waterloo Drive in front of St. Marguerite Bourgeoys Catholic School. Motorists continue to park illegally on both sides of the street in order to drop off and pick up students. The proposed changes will create a 38 meter long drop-off and pick-up area on the south side of Waterloo Drive, directly in front of the school, and will increase the level of safety since students will not have to cross Waterloo Drive to get to and from school during the drop-off and pick-up process.

This fifteen-minute drop-off and pick-up area will be in effect on school days only between 8:OO am and 4:OO pm. The remaining areas adjacent to the school and across the street from the school are to remain as “no stopping” zones.

The proposed parking changes at the school have been reviewed and discussed with the St. Marguerite Bourgeoys Catholic School Parent Advisory Council, the school principal and the Lakeshore and Algonquin School Board. All of these stakeholders are in support of the proposed parking changes.

EXISTING POLICYIBY LAW:

By-Law 98-290, “A By-Law to amend By-Law No.90-77, of the former Township of Kingston “Traffic” (Prohibition of Parking on school days only between 8:30 am to 4:30 pm -both sides of Waterloo Drive in front of St. Marguerite Bourgoeys Catholic School) .”

By-Law No.24, entitled, “A By-law for Regulating Traffic in the Highways of the City of Kingston, Subject to the Provisions of the Highway Traffic Act”




There are no additional costs related to this change that need to be accommodated within the Traffic Division budget.

CONTACTS:

Chris Sleeth, CET, Traffic Supervisor, Engineering Department, Ph.613-546-4291 Ext.3149


Deanna Green, P.Eng., Manager, Traffic Division, Engineering Department, Ph.613-546-4291 Ext.3170 Sam Tulk, Supervisor, Parking Operations, Transportation Department, Ph. 61 3-546-4291 Ext. 1379

EXHIBITS ATTACHED:

Appendix A, Draft by-law to amend By-law No.24 Appendix B, Drawing of area Appendix C, Draft by-law to repeal By-law No. 98-290

COUNCIL MEETINGO 9 E\PR - 7 ’09

Waterloo Drive From 20.0 metres west of Grandtruck Avenue West to 20.0 metres east of Friarhill Crescent

Waterloo Drive From 16.0 metres east for Grandtrunk Avenue West westerly 38.0 metres

Appendix “A”

North Side - Anytime

South Side - Anytime

BY-LAW NO. 24 -TRAFFIC

Waterloo Drive From 16.0 metres east for Grandtrunk Avenue West easterly 54.0 metres

A BY-LAW TO AMEND BY-LAW NO. 24 “A BY-LAW FOR REGULATING TRAFFIC IN THE HIGHWAYS OF THE

RESTRICTIONS -WATERLOO DRIVE - St. MARGUERITE BOURGEOYS ELEMENTARY SCHOOL) CITY OF KINGSTON, SUBJECT TO THE PROVISIONS OF THE HIGHWAY TRAFFIC ACT”, (AMEND PARKING

PASSED: , 2009

South Side - 15 minute parking time limit pick-up and drop off from 8 : O O a.m. to 4:OO p.m. school days only.

The Council of the Corporation of the City of Kingston enacts as follows:

Waterloo Drive From 70.0 metres east for Grandtrunk Avenue West easterlv 29.0 metres

1. By-law 24, entitled “A By-law for Regulating Traffic in the Highways of the City of Kingston, Subject to the Provisions of the Highway Traffic Act”, as amended, is hereby further amended as follows:

South Side - No Parking Anytime

Add:

BY-LAW NO. 24 Section 30. (NO STOPPING)

BY-LAW NO. 24 Section 18: NARIOUS PARKING)

2. This by-law will come into force and take affect on the date of its passing.

GIVEN FIRST AND SECOND READINGS

GIVEN THIRD READING AND PASSED

, 2009

,2009

CITY CLERK MAYOR

COUNCIL MEETINGO 9 APR - 7 ’09 Appendix “C”

BY-LAW NO. 2009-xxx

A BY-LAW TO REPEAL BY-LAW NO. 98-290 A BY-LAW TO AMEND BY-LAW NO.

90-77, OF THE FORMER TOWNSHIP OF KINGSTON “TRAFFIC”, (PROHIBITION

OF PARKING ON SCHOOL DAYS ONLY BETWEEN 8:30 A.M. TO 4:30 P.M. - BOTH

SIDES OF WATERLOO DRIVE IN FRONT OF ST. MARGUERITE BOURGEOYS

CATHOLIC SCHOOL)

THEREFORE the C unci1 of the C

PASSED: 2009 ‘

rporation of the Cit! of Kingston enacts as follows:

1. By-Law No. 90-77 of the former Corporation of the Township of Kingston entitled

“Traffic”, as amended, is hereby further amended as follows:

A. Section 2. is hereby amended by adding the following Clause (p)

thereto:

“(p) on school days only, beween the hours of 8:30 a.m. to

4:30 p.m., on Waterloo Drive in front of St. Marguerite

Bourgeoys Catholic School is hereby repealed in its

en ti rety ” .

2. This By-Law shall come into force and take effect on the date of its passing.

GIVEN FIRST AND SECOND READINGS

GIVEN THIRD READING AND FINALLY PASSED

CITY CLERK MAYOR

COUNCIL MEETINGO ~ A P R - 7 '09

COUNCIL MEETINGO 9 APR - 7 ‘UY i t I

,ai CITY OF KINGSTON

REPORT TO COUNCIL m

I ReDort No.: 09-107 I


FROM: Stephen Dickey, Deputy Treasurer

RESOURCE STAFF: Pat Carrol, Manager of Taxation and Revenue

DATE OF MEETING: 2009-04-07

SUBJECT: 2009 Tax Ratios

EXECUTIVE SUMMARY: Council must pass a by-law each year, by April 30, to set the property class tax ratios as required in the Municipal Act (The Act). Tax ratios are applied to the residential tax rates in order to distribute the tax burden among assessment classes. Council approved the resolution “that the revised ratios to be established not exceed the provincial threshold for any class” at its March 21 , 2006 meeting, Report No. 44 of the CAO, Clause 1. In addition, council approved By-law No. 2008-86 which establishes a 10 year phase-in to lower the multi-residential property class ratio to 2.1 by year 2017.

The proposed 2009 tax ratios comply with council’s direction.

RECOMMENDATION: 1, That council approve the 2009 tax ratios as follows:

a. the residential and new multi-residential property classes be set at 1.0; b. the farm and managed forest property classes be set at 0.25;

c. the industrial property classes be set at 2.63;

d. the commercial property class be set at 1.98; e. the multi-residential property class be set at 2. 61 1151 ; and,

f. the pipeline property class be set at 1.1 728

2. That a by-law be presented and given three readings: “A By-Law to Establish the 2009 Tax Ratios”, in order to establish the 2009 tax ratios.

REPORT TO COUNCIL

Commissioner Leger, Corporate Services Jim Keech, President, Utilities Kingston

COUNCIL MEETINGO 9 APR - 7 '09 Report NO.: 09-107

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April 7,2009 -Page 2 -



Commissioner Beach. SustainabiMv & Growth I NIR

Commissioner Thurston, Communify Development Services I NIR I

COUNCIL MEETINGO 9 APR - 7 ’09 REPORT TO COUNCIL


Report No.: 09-107

OPTIONSIDISCUSSION: The Act requires that municipal councils establish tax ratios by passing a by-law by April 30 each year. Tax ratios distribute the tax burden among property classes and therefore must be set prior to establishing the annual tax rates. Once set, the tax ratio for a class is multiplied by the residential tax rate, to determine the tax rate for that class.

The Act sets the ratio for the residential property class at 1-00; sets the maximum ratio for farm and managed forests property classes at 0.25 and sets the new multi-residential class ratio at 1-00, when a municipality passes a by-law creating this class. The remaining property classes: commercial, industrial, multi-residential and pipeline, have a maximum ratio being the transition ratio set in provincial regulation under The Act, and a minimum ratio of between 0.6 - 1 -1, which is described in The Act as ‘?he range of fairness”.

Council has reviewed the effects of changing tax ratios over the past years and has adopted policy measures which will not unduly shift taxes to the residential property taxpayers. In 2006, council approved the resolution “that the revised ratios to be established not exceed the provincial threshold for any class” (March 21, 2006 meeting, Report No. 44 of the CAO, Clause 1). The significance of this policy is that when a tax ratio exceeds the provincial threshold ratio for the class, the class is restricted to tax increases of only 50%, with the remaining amounts added to the residential property tax burden. Council also approved By-law No. 2008-86 which establishes a 10 year phase-in to lower the multi-residential property class ratio to 2.1 by year 201 7. A report and analysis of the inequities of the multi-residential property class tax burden is found in Report No. AP-07-026 to the Administrative Policies Committee, November 13, 2007.

2009 Recommendation The tax ratios recommended for 2009 are at the same level as those established for 2008, except for the multi-residential property class, which is set in By-law No. 2008-86. The change to the multi-residential ratio is a reduction of 0.063894: from a ratio of 2.675045 (2008) to 2.61 1151 (2009). Once the ratios have been established the tax levy by-law can be prepared, which will set the tax rates to be applied to raise the taxes required for the 2009 budget.

EXISTING POLICYIBY LAW: Municipal Act, 2001, as amended 0.Reg. 73/03, as amended (Tax Matters - Special Tax Rates and Limits) O.Reg. 385/98, as amended (Tax Matters -Transition Ratios and Average Transition Ratios) Council Resolution, Report No. 44 of the CAO, Clause 1, March 21,2006 Council Resolution, Report No. 41 of the CAO, Clause 1, March 18,2008 By-law No. 2008-86 “A By-law to Establish a 10 year Phase-in for the Multi-residential Property Class Tax Ratio”

NOTICE PROVISIONS: Not applicable

ACCESSIBILITY CONSIDERATIONS: Not applicable

FINANCIAL CONSIDERATIONS: Taxation revenue is established in the operating budget and does not change as a result of changing tax ratios. Tax ratios distribute the tax burden among property classes and are applied against the residential tax rate to determine the tax rate for each class.

REPORT TO COUNCIL April 7,2009

-Page 4 -

COUNClL MEETlNGO 9 APR - 7 UY

Report No.: 09-107

CONTACTS: Pat Carrol, Manager, of Taxation and Revenue

OTHER CITY OF KINGSTON STAFF CONSULTED: Not applicable

EXHIBITS ATTACHED: Appendix A - Draft “A By-Law to Establish the 2009 Tax Ratios”

Ext. 2468

COUNCIL i\ilEeriNco 9 A W - 7 '09 Report 09-1 07

Appendix A

DRAFT BY-LAW NO.

A BY-LAW TO ESTABLISH THE 2009 TAX RATIOS

PASSED:

WHEREAS Council of the Corporation of the City of Kingston has authorized a by-law to set tax ratios and

tax rate reductions for prescribed property subclasses for municipal purposes;

AND WHEREAS the Corporation of the City of Kingston deems it necessary and expedient, pursuant to

Subsection (4) of Section 308 of the Municipal Acf, 2001, S.O. 2001 c.25, as amended, to establish the tax

ratios for 2009 for the Corporation of the City of Kingston;

AND WHEREAS the Tax Ratios establish the relative amount of taxation to be borne by each property

class;

AND WHEREAS the property classes have been prescribed by the Minister of Finance pursuant to Section

7 of the Assessment Act, R.S.O. 1990, ChapterA.31 and amendments thereto;

NOW THEREFORE the Council of the Corporation of the City of Kingston enacts as follows:

1. That for the taxation year 2009, the tax ratio for property in:

a) the residential property class is 1 .OOOO;

b) the new multi-residential property class is 1 .OOOO;

c) the multi-residential property class is 2.61 1151;

d) the commercial property class is 1.98;

e) the industrial property class is 2.63;

f) the pipe line property class is 1.1728;

g) the farmlands property class is 0.2500;

h) the managed forests property class is 0.2500;

COUNCIL MEETINGO 9 APR - 7 '09 Report 09-1 07

Appendix A

2. That for the purposes of this By-Law:

a) the commercial property class includes all off ice building property, shopping centre property

and parking lot property;

b) the industrial property class includes all large industrial property;

This By-Law shall come into force and take effect on the date of its passing. 3.

GIVEN ALL THREE READINGS AND PASSED

CITY CLERK MAYOR

‘COUNCI’I, MEETINGO 9 APR - 7 ’09

CITY OF KINGSTON i - iii I..

IlIIIT Irnl REPORT TO COUNCIL -

I Reoort No.: 09-131 I TO: Mayor & Council

FROM:

RESOURCE STAFF:


SUBJECT

Jim Keech, President & CEO, Utilities Kingston

Mark Van Buren, Director, Engineering Department

APPLICATION FOR LICENSE ASSIGNMENT OF A SERVING SIDEWALK PATIO ON THE ONTARIO STREET FRONTAGE 1745083 ONTARIO INC. OPERATING AS BRANDEES LOCATED AT 178 ONTARIO STREET

EXECUTIVE SUMMARY:

An application for the assignment of an existing serving sidewalk patio lease has been made to the Engineering Department by 1745083 Ontario Inc. who are continuing to operate as “Brandees” at 178 Ontario Street. The former business owner has operated a patio at this location since April 1995. The new owner is making application to continue utilizing the existing patio configuration and therefore there will be no alteration to the public right-of-way. The patio will be utilized as an extension of their business for their customers as defined in the regulations established in By-Law No. 87-136, “A By-Law to Authorize the Adoption of Regulations Established for the Purpose of Dealing with Applications for the Extended Use of Sidewalks.”

RECOMMENDATION:

That Council authorize the Mayor and Clerk to enter into a License Agreement, for the purpose of operating a serving sidewalk patio at 178 Ontario Street, with the owner of 1745083 Ontario Inc. The license agreement is for the lease of City property adjacent to their store frontage on Ontario Street and to be in a form satisfactory to the Director of Legal Services.


ORIGINAL SIGNED BY PRESIDENT & C.E.O., UTILITIES KINGSTON Jim Keech, President, Utilities Kingston

ATIVE OFFICER

REPORT TO COUNCIL.

Commissioner Beach, Sustainability & Growfh

Commissioner Thurston, Communify Development Services

COUNCIL MEETINGO 9 APR - 7 '09 Report No.: 09-131

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COUNCIL MEETINGO 9 APR - 7 ’09 REPORT TO COUNCIL.

April 7,2009 - Page 3 -

Report No.: 09-1 31

OPTIONWDISCUSSION: The owner of 1745083 Ontario Inc., who continues to operate the business as “Brandees” at 178 Ontario Street, has made formal application to the Engineering Department to carry on operating a patio for their business. The application is for the assignment of an existing patio license from the former business. The transfer provides for continuation of the patio for the purpose of serving food and alcoholic beverages. The requirements for the operation of a serving patio are outlined in By-Law

The applicant supplied the Engineering Department with the completed application and the required site plan drawings. As with the former operator, the patio area will remain 38.4 square meters with 7 tables and 26 chairs. The proposal for consideration is to re-establish the previously approved patio on the Ontario Street frontage of their establishment.

The drawings and application were circulated to Departments within the City as well as the required City Agencies and comments were received as follows:

NO. 87-1 36.

Culture & Recreation Kingston Fire & Rescue Building & By-Law Enforcement Utilities Kingston Taxation and Revenue Department Transportation - Transit Health Unit Public Works Department Community Services - Accessibility

Have no objection with the application Have no objection with the application Have no objection with the application Have no objection with the application Have no objection with the application Have no objection with the application Have no objection with the application Have no objection with the application Ensure that the space between the tables is sufficient to allow barrier free movement

In addition to the technical circulation, the required advertisement was placed in the March 10, 2009 edition of the Whig Standard. Individual notices were also sent to all property owners within a 60 meter radius of the site advising of the assignment of the existing patio requesting comments be sent to the Director of Engineering within 15 days. One written communication was received raising concerns with respect to the potential for noise, however not specifically opposing the patio. Engineering confirmed with By-Law Enforcement that there were only two noise complaints in the last patio season and they were corrected at the time by the previous owner.

EXISTING POLlCYlBY LAW:

By-Law No. 87-1 36, “A By-Law to Authorize the Adoption of Regulations Established for the Purpose of Dealing with Application for the Extended Use of Sidewalks.”

NOTICE PROVISIONS:

Advertising was placed in the March 10,2009 Whig Standard.

ACCESSIBILITY CONSIDERATIONS:

The application was circulated to the Accessibility Project Coordinator with regard to site design and advised that the applicant is to continue to provide accessible entry to the patio area. The applicant is also to ensure that the space between the tables is sufficient to allow barrier free movement within the patio.

REPORT TO COUNCIL.

COUNCIL MEETINGO 9 APR - 7 ’09 Report No.: 09-1 31

April 7,2009 - Page 4 -

FINANCIAL CONSIDERATIONS: The applicant has met the requirements for application as outlined in By-Law No. 87-136. The applicant agrees to enter into a license agreement with an annual license fee to be paid to the City. The patio will be located in Zone A, as described in Schedule “ A of By-Law No. 87-136. The license fee is adjusted annually in accordance with the C.P.I. The 2009 season license fee will be five thousand, four hundred and one dollars and eighty cents ($5,401.80) plus GST. The license fee includes the loss of parking revenue as per By-Law No. 87-136.

CONTACTS:

Mark Van Buren, P.Eng, Director Engineering Department, ext. 3218 Kimberley Brown, P.Eng, Infrastructure Engineer, Engineering Department, ext. 31 32 William Cartwright, Engineering Technologist Cut Permits & Inspections, Engineering Department, ext. 31 13


The application has been circulated to the required internal departments and external agencies for review and comment. The responses to the technical circulation were addressed in the content of the report.

EXHIBITS ATTACHED:

Exhibit “ A - Site location plan Exhibit “ B - Patio plan

CITY OF KINGSTON Engineering Department

Site Location Plan 178 Ontario Street

Exhibit 'A'

COUNCIL MEETINGO 9 APR - 7 '09 ExhibitllB"Patio Plan

COUNCIL MEETINGO 9 APR - 7 ’09

CITY OF KINGSTON i E ,ai REPORT TO COUNCIL - m

I Report No.: 09-1 30 I TO: Mayor and Council

FROM:

RESOURCE STAFF:

Cynthia Beach, Commissioner, Growth & Sustainability Group

Lanie Hurdle, Director, Recreation & Leisure Services Department Chanda Theng, Planner Kristine Hebert, Parks & Open Space Planning Coordinator


SUBJECT: Request to Register for a License for Recreational Use with the Province of Ontario for Birchwood Park

EXECUTIVE SUMMARY: Hydro One Networks Inc., on behalf of the Province of Ontario, The Ministry of Energy and Infrastructure, has identified that the City of Kingston has not entered into an agreement with the province to utilize a portion of the hydro corridor lands near Birchwood Drive and Sierra Avenue. They are requesting that the City apply for a “License of Land for Public Recreation Purposes” for the encroaching land abutting Birchwood Park. The hydro corridor land in question is directly south of Birchwood Park. The total area on the hydro corridor in which the City is currently occupying is approximately 1,272 square metres, with 512 square metres of that area consisting of the soccer field. Staff is seeking approval from Council to obtain this license with the Province by entering into an agreement and to have Council authorize the Mayor and the Clerk to execute the agreement in a form satisfactory to the Director of Legal Services and the Ontario Realty Corporation in order to maintain the existing usage of the park.

RECOMMENDATION: That Council enter into a License Agreement with the Province, through the Ontario Realty Corporation and Hydro One Networks Inc., in a form satisfactory to the City Solicitor and the Province, for the purpose of maintaining the existing soccer field on City lands commonly known as Birchwood Park and municipally known as 1340 Birchwood Drive: and

That the duration of the license be set to 5 years with the option to renew, as is the standard. Staff will review whether there is a need to maintain the soccer field prior to renewing the license; and

That Council authorizes the Mayor and the Clerk to execute all necessary agreements and other documents required to grant the license.

COUNCIL MEETINGO 9 APW - 7 'W

Report No.: 09-1 30

Commissioner Beach, Sustainability & Growth

Commissioner Thurston, Communify Development Services

REPORT TO COUNCIL Request to Register for a License for Recreational Use with the Province of Ontario for Birchwood Park

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2009-04-07 - Page 2 -

Jim Keech, President, Ufihties Kingston


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RlGlNAL SIGNED BY COMMISSIONER Cynthia Beach, Commissioner, Sustainability & Growth Group

~ . ~ R A T I V E OFFKER Gerard Hunt, Chief Administrative Officer


I Commissioner Leger, corporate Services I N/R I

COUNCIL MEETINGO 9 APR - 7 ’09 REPORT TO COUNCIL Request to Register for a License for Recreational Use with the Province of Ontario for Birchwood Park

Report No.: 09-130

2009-04-07 - Page 3 -

OPTIONSIDISCUSSION: Hydro One Networks Inc., identified through communications with the Engineering Department that a “License of Land for Public Recreation Purposes” is still pending from the City for the lands encroaching on the hydro corridor that is abutting Birchwood Park. Birchwood Park is located west of Midland Avenue and north of Cataraqui Woods Drive. Municipally, Birchwood Park is located at 1340 Birchwood Drive in Midland Park Subdivision (Exhibit ‘ A - key map). The hydro corridor is directly south of the park, municipally known as 1334 Birchwood Drive. The encroachment area is approximately 1,272 square metres. The majority of the park consists of the soccer field, which intrudes onto Crown land by approximately 512 square metres. The remainder of the area is maintained open field with newly planted trees on the side. To maintain the integrity of the existing usage of the park and the expectation of the public on the area of the park, it is proposed that the City license the total existing encroached area of the hydro lands (Exhibit ‘B - Proposed License Area). The license would involve that the City enter into an agreement to use the lands on a 5 year interval.

As background on how the Province is represented, Hydro One Networks Inc., acts on behalf of the Provincial government, to process secondary land use applications on hydro corridors. Hydro One Networks Inc. has statutory easement over the hydro lands as well as primary rights to use the corridor lands for transmission and distribution purposes. However, when entering into the license agreement, the Province of Ontario, The Minister of Energy and Infrastructure, is represented by both the Hydro One Networks Inc. and Ontario Realty Corporation.

The proposed park plan was previously approved as part of a subdivision development, Midland Park Phase 1. The park has been developed since this phase of the subdivision was registered as 13M-36 in 2002. The park currently consists mainly of a soccer field with a few large rocks by the road frontage and trees down the one side (Exhibit ‘C’ - site photos). It is evident that the infringement into the hydro lands by means of the soccer field had been preplanned as part of the subdivision development.

Staff is seeking approval from Council to enter into this agreement to license the existing use on the hydro lands and to have Council authorize the Mayor and the Clerk to execute the agreement in a form satisfactory to the Director of Legal Services and Ontario Realty Corporation.

The license will give both the City and the public the right to use the land legally. The license is set for 5 years with the opportunity to renew every 5 years. However, the license agreement requires that any development on hydro lands such as structures, grading and planting of trees is subject to prior approval from the Province via Ontario Realty Corporation and Hydro One Networks Inc. It is recommended that the City enters into this agreement but staff will assess the necessity of maintaining the soccer field in this location at the end of the first term of the license, prior to renewing the license.

EXISTING POLICY/BY LAW: Through reviewing the current Kingston Township Official Plan, the subject encroached land is identified as being designated ‘Low Density Residential’. A residential designation allows for uses that are complimentary and compatible to the residential use and a public park would be considered a complimentary use. The section of the hydro corridor in question is zoned ‘Development’ as under Zoning By-Law 76-26. Public use is a permitted use in the Development ‘D Zone. For these reasons the proposed use on the hydro corridor complies with both the intent of the

COUNCIL MEETING0 9 APR - 7 '09 Report No.: 00-130 REPORT TO COUNCIL

Request to Register for a License for Recreational Use with the Province of Ontario for Birchwood Park

2009-04-07 - Page 4 -

Official Plan and the Zoning By-Law, and therefore no planning amendment is required to execute this license agreement. The plan of the park was developed as part of a plan of subdivision, thus, the applicable planning requirements had been previously reviewed and approved by the Planning Committee.

Since the lands will not be owned by the City through this agreement, it has been confirmed by the Planning Department that a Committee of Adjustment for Consent will not be required for the execution of this agreement.

The province created the Provincial Secondary Land Use Program to establish a hierarchy of land use as well as opportunities for secondary land uses on hydro corridor lands for the public to utilize. The license will allow for the secondary land use as part of the objective of the province.



FINANCIAL CONSIDERATIONS: An application fee for the license will be required in the amount of $787.50 plus the cost of an environmental assessment if the Ontario Realty Corporation requires it (this will be determined after the submission of the application).

Once the license is processed, there is a nominal fee for the license at $5 plus 50% of the realty property taxes (plus GST) per year on the portion of the hydro corridor land for which the City is licensed. The percentage of property taxes is estimated at $17.00 per year. If the City utilizes the land beyond the expiration date of the license without seeking renewal there will be a charge of 125% of the previous cost on a monthly basis.

In the license agreement under clause 34(C) there is a requirement to arrange and maintain a liability insurance policy that is satisfactory to the Province as represented by Ontario Realty Corporation and Hydro One Networks Inc. The minimum amount of the liability insurance needs to be at least $5 million.

A survey plan is required as part of the application process as well as to determined the total area required to be licensed. As a result, the estimated cost for a survey plan is $1,500. License application fee and the survey cost will be taken from the Works In Progress (WIP) account.

CONTACTS : Lanie Hurdle, Director, Recreation & Leisure Services Department Kristine Hebert, Parks & Open Space Planning Coordinator Chanda Theng, Planner

61 3-546-4291 ext. 1231 61 3-546-4291 ext. 1256 61 3-546-4291 ext. 3250

c ~ U " C I L MEETINGO 9 APR - 7 '09 Report No.: 09-130 REPORT TO COUNCIL

Request to Register for a License for Recreational Use with the Province of Ontario for Birchwood Park

2009-04-07 - Page 5 -

OTHER CITY OF KINGSTON STAFF CONSULTED: Alan Mcleod, Senior Legal Counsel, Legal Services Department 61 3-546-4291 ext. 1293

EXHIBITS ATTACHED: Exhibit 'A Key map Exhibit 'B Proposed license area Exhibit 'C' Site Photos

CITY OF KINGSTON i 1

A, REPORT TO COUNCIL Em

I Report No.: 09-129 I TO:

FROM:

RESOURCE STAFF:

Mayor and Council

Cynthia Beach, Commissioner, Sustainability & Growth Group

Lanie Hurdle, Director, Recreation and Leisure


SUBJECT: Approval of Consultation on Additional Farmers Markets within the City of Kingston

EXECUTIVE SUMMARY: In the past few months, there has been interest from both the business and community sector expressed to establish two (2) new farmers’ markets within the City of Kingston. The proposed farmers’ markets are in the west and north-central end of the City. While the farmers’ market in the north-central end is proposed to be located at Wally Elmer, a final site for the market in the west end has not yet been identified. City staff have been contacted and have been involved in preliminary discussions for both proposed markets.

The current downtown farmers’ market operates on Tuesdays, Thursday and Saturdays. Licensing and Enforcement who has been overseeing the leasing of the market for the past years has noted that the market was impacted by the reconstruction of Springer Market Square and that although the numbers are increasing the market has still not been able to regain the same number of vendors that it had prior to the construction work. Downtown BIA is also currently working with City staff to develop and implement measures to promote and improve the downtown farmers’ market.

City staff have expressed concerns that additional farmers’ markets within the City could have a negative impact on the downtown farmers’ market. Furthermore, the Rural Development Plan adopted by Council in 2007 recommended that the City complete an evaluation on the feasibility of a second farmers’ market. The feasibility of additional farmers’ markets in the City should be completed prior to the City committing any financial and/or resources to new farmers’ market initiatives.

RECOMMENDATION:

1. THAT staff consult with business and community sectors on the potential of new farmers’ market locations and that staff also complete an analysis of potential impacts on the downtown farmers’ market;

2. THAT Council does not commit any financial support andlor resources to additional farmers markets within the City until an analysis on the potential impacts on the downtown farmers market has been completed and reported back to Council.

REPORT TO COUNCIL

Commissioner Thurston, Community Development Services


2009-04-07 - Page 2 -

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I ORIGINAL SIGNED BY COMMISSIONER I Cynthia Beach, Commissioner, Sustainability & Growth

RATIVE OFFKER


I Commissioner Beach, Sustainability & Growth I J I

OPTIONS/DISCUSSION: In the past few months, there has been interest from both the business and community sector expressed to establish two (2) new farmers’ markets within the City of Kingston. A farmers market is being proposed at the Wally Elmer in the north-central end by the Community Harvest Working Group (CHWG). The CHWG is made up of community members and representatives from various community organizations who are interested in increasing food security in the Rideau Heights area. In 2007 the group conducted a survey that indicated that many of the people in the Rideau Heights neighbourhood want better access to healthy food. The CHWG is currently supporting local community garden projects, gardening workshops and healthy cooking workshops. Staff have had initial discussions with members of the CHWG in the Wally Elmer neighbourhood and have received a proposal for a pilot Community Harvest Market.

A final site for a potential location in the west end has not been identified. It is City staffs understanding that some of the farmers involved in the potential additional locations are also farmers currently located in the downtown farmers’ market. It is also staffs understanding that members of the Kingston Public Market Vendors Association have not been consulted on the potential of establishing additional farmers’ markets.

It is important to note that the downtown farmers’ market has specific operational guidelines which set standards for all vendors. There are currently no proposed guidelines for potential markets in other areas of the City. Considering that the downtown market has lost vendors during construction of Springer Market Square, staff are recommending that an analysis of potential impacts on the downtown farmers’ market be completed prior to the City of Kingston committing any funds and/or resources to any new farmers’ market initiatives.

EXISTING POLICY/BY LAW: The Kingston Public Market is currently governed by By-Law 2006-18 being a By-Law Respecting the Kingston Public Market.

NOTICE PROVISIONS: NIA

REPORT TO COUNCIL, 2009-04-07 - Page 3 -

COUNCIL MEETINGO 9 APR - 7 ‘09 Report No.: 09-129

ACCESSIBILITY CONSIDERATIONS: NIA

FINANCIAL CONSIDERATIONS: NIA

CONTACTS: Lanie Hurdle, Director, Recreation and Leisure Services (613) 546-4291 ext. 1231

OTHER CITY OF KINGSTON STAFF CONSULTED: Barclay Mayhew, Manager, Promotion and Projects Terry Shea, Rural Affairs Coordinator, Real Estate & Construction Services Kim Leonard, Manager, Licensing & Enforcement Lynda Breen, Manager, Recreation Services Bill Reason, Assistant Supervisor, Programs & Events

Other Organizations Consulted: Downtown BIA

EXHIBITS ATTACHED: N/A

Ji3 f i.

COUNCIL MEETINGO 9 AQF? - 7 '09

CITY OF KINGSTON

REPORT TO COUNCIL

I Report No.: 09-125 I


FROM: Stephen Dickey, Deputy Treasurer

RESOURCE STAFF: Janis Morrison, Purchasing Coordinator


SUBJECT: Award of RFP No. L04-FCP-FIN-2008-7 Janitorial Services for Various City Locations

EXECUTIVE SUMMARY:

The purpose of this report is to seek Council approval to award the RFP No. L04-FCP-FIN-2008-7 for Janitorial Services for specified City of Kingston locations. Council approval is required as the highest scoring proposals for certain buildings are not the lowest submitted price.

RECOMMENDATION:

1. That the following award recommendations be approved by Council based on acceptance of the highest scoring proposal for each location subject to the evaluation criteria:

That the Utilities Building, 121 1 John Counter Blvd, be awarded to Impact Cleaning Services Limited

That the Transit Building, 1181 John Counter Blvd, be awarded to Canadian Cleaning

That the Madoma Community Centre, Hwy 2, the Woodburn Community Centre, Woodburn Road and the MacLachlan Woodworking Museum, 2993 Highway #2 East be awarded to Empire Maintenance Industries

That the Kingston Airport Terminal Building, 11 14 Len Birchall Way be awarded to Gary's Window Cleaning; and

2. That the Mayor and Clerk be authorized to sign the Contract Agreements in a form satisfactory to Legal Services with the Companies recommended above.

REPORT TO COUNCIL


COUNCIL MEETINGO 9APR - 7 '09 Report NO.: 09-1 25

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I ORIGINAL SIGNED BY DIRECTOR OF FINANCIAL SERVICES

I Stephen Dickey, Deputy Treasurer ORIGINAL %NE I CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

I Commissioner Thurston, Community Development Services I N/R I

I Jim Keech. President. Utilifies Kinuston I J I

COUNCIL MEETINGO 9 APR - 7 ’09 REPORT TO COUNCIL


Report No.: 09-125

OPTlONSlDlSCUSSlON : This Request for Proposal was publicly advertised on the City website and eleven (1 1) submissions were received.

Through the Request for Proposal process and subject to City Council’s approval of Report 08-366, “The Kingston Protocol on Sustainable Purchasing Practices” the following predetermined criteria was established and used to evaluate the proposals:

1. Company Profile 15% 2. Proposed Methodology 35% 3. Detailed cost breakdown 45% 4. Ontarians with Disabilities Act 5%

The City of Kingston is interested in selecting service providers that understand and are aligned with the implications of the City’s commitment to sustainable purchasing through our ratification of the Kingston Protocol. Due consideration for the environmental, social and cultural implications of each proposal is combined with the conventional aspects of price and performance. The term of these contracts will commence April 15,2009 and end on April 14,201 1,

EXISTING POLlCYlBY LAW: 0

SEE Green Protocol.

Purchasing By-law 2000-1 34 as amended. By-Law No. 98-1 , Council Procedural By-Law which provides authority for the Mayor and Clerk to sign all agreements that are approved by Council.

NOTICE PROVISIONS: Not applicable

ACCESSIBILITY CONSIDERATIONS: In compliance with Ontarians with Disabilities, Act 2001, R.S.O., Section 13 a weighting of 5% out of a total 100% was assigned to this component of the evalution criteria.

FINANCIAL CONSIDERATIONS: The financial component of the Request for Proposal was weighted at 45%. Janitorial costs are incorporated in the various departmental operating budgets and the recommended awards are within allotted budgets.

CONTACTS: Janis Morrison, Purchasing Coordinator 546-4291 Ext 2229

OTHER CITY OF KINGSTON STAFF CONSULTED: Alan McLeod, Senior Legal Counsel Paul MacLatchy, Director, Sustainability & Growth John Bleackley. Environmental Technologist Jamie Brash, Supervisor, Facilities Maintenance John Barbosa, Transit Supervisor Shirley De Silva, Airport Manager Caroline Petznick, Curator 542-0543

546-4291, Ext 1237 546-4291 , Ext 1226 546-4291 I EXt 1253 546-4291 , EXt 1291 546-4291, Ext 2369 389-6404, EXt 101

EXHIBITS ATTACHED: Appendix A - Evaluation Results - Proposal Ranking and Prices

COUNCIL MEETIMGO 9 APR - 7 '09 Report No. 09-125

PROPONENT

IMPACT CLEANING SERVICES LTD

CANADIAN CLEANING

EMPIRE MAINTENANCE INDUSTRIES

REQUEST FOR PROPOSAL L04-FCP-FIN-2008-7 JANITORIAL SERVICES FOR VARIOUS CITY LOCATIONS

EXCLUDES GSTlPST RANKING $6,248.22/month $74,978.64/year $5,700.00/month $68,400.00/year $6,600.00/month $79,200.00/year

1

2

3

Appendix A - Ranking and Pricing

OMNI FACILITY SERVICES CANADA LTD

TEAM INDUSTRIAL SERVICES

DIRT BUSTERS CLEANING SERVICES LTD

PUSHCAR JANITORIAL SERVICE

1034245 ONT LTD SERVICEMASTER

STEAM PLUS CARPET & JANITORIAL CLEANING INC

ROYAL CONTRACTING SERVICES

4

5

6

7

8

9

10

$7,197.78/month $86,373.37/year $5,900.00/month $70,800.00/year $6,500.00/month $78,000.00/year $6,800.00/month $81,600.00/year $1 2,200.00/month $146,400.00/year $7,875.00/month $94,500.00/year $9,200.00/month $1 10,400.00/year

STEAM PLUS CARPET & JANITORIAL CLEANING INC

DIRT BUSTERS CLEANING SERVICES LTD


OMNl FACILITY SERVICES CANADA LTD

TEAM INDUSTRIAL

PUSHCAR JANITORIAL


IMPACT CLEANING SERVICES LTD

ROYAL CONTRACTING SERVICES

TRANSIT BUILDING - 118

2 $1,395.00/month $16,740.00/year

$1,300.00/month $15,600.00/year $1,700.00/month $20,400.00/year $2,077.45/month $24,089.32/year $1,625.00/month $1 95,000.001year $2,000.00/month $24,000.00/year $3,236.00/month $38,832.00/year $2,326.01/month $27,912.12/year $1,788.00/month $21,456.00/year

3

4

5

6

7

8

9

10

COUNCIL MEETINGO 9 APR - 7 'Q9 Report No. 09-125



TEAM INDUSTRIAL SE


COUNCIL MEETINGO 9 AQR - 7 '09 Report No. 09-125




$9O.OO/visi t 2

$132.62/visit 3


I 1

$7,045.04/month - .

May to September

$9,341.33/month - October - April

5

EMPIRE MAINTENANCE INDUSTRIES $80.00/visit I 1

PUSHCAR JANITORIAL SERVICE $80.00/visit

TEAM INDUSTRIAL SERVICES $1 00.001visit 5

DIRT BUSTERS CLEANING SERVICES LTD I I

AIRPORT TERMINAL BUILDING - 1114 LEN BIRCHALL WAY

GARY'S WINDOW CLEANING $2,995.00/month

$2,795.00/month DIRT BUSTERS CLEANING SERVICES LTD

EMPIRE MAINTENANCE INDUSTRIES JANITORIAL $6,100.00/month

$4,700.00/month TEAM INDUSTRIAL SERVICES


PUSHCAR JANITORIAL SERVICE JANITORIAL $5,000.00/month 1 6

IMPACT CLEANING SERVICES LTD $7,261.44/month

$6,400.00/month CANADIAN CLEANING

I034245 ONT LTD SERVICEMASTER $9,633.00/month I 1", $4,275.00/month ROYAL CONTRACTING SERVICES

city of kingston council agenda - meeting 09-2009 - report

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