i city of kingston report to council · exhibit a - sai letter otjtlimng events council meetlngls...

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i e _I CITY OF KINGSTON lm REPORT TO COUNCIL m I ReDort No.: 08-263 I TO: Mayor and Council FROM: RESOURCE STAFF: DATE OF MEETING: September 2,2008 SUBJECT: Lance Thurston, Commissioner, Community Development Services Group Terry Willing, Director, Building & Licensing Department Kim Leonard, Manager, Licensing & Enforcement Division “Noise Exemption Request for Students against Indifference at Queen’s University - Rally against Poverty at Home” EXECUTIVE SUMMARY: Queen’s University Students Against Indifference (SAI) is a student-run, AMs-ratified organization dedicated to raising awareness about local, national and international issues. SA1 is requesting an exemption from Noise Control By-Law 2004-52, Schedule “B in order to hold a rally against poverty at home, to be held from 1 :00 p.m. to 4:30 p.m. on Saturday, September 13th, 2008 at Agnes Benedicksonfield on Queen’s Campus. This purpose of this rally is to expose local high school, university students and members of the Kingston community at large, to the issue of poverty in Canadian communities. The exemption is requested for the use of a PA system for speakers and a band which will primarily use acoustic sets. The amplification for this event is proposed for short intervals between the requested hours for exemption and therefore there will be limited persistent amplification during the event, in accordancewith the Schedule of Events provided as Exhibit “B attached. The amplified noise associated with this event is prohibited at any time in residential areas according to Section 4 under Schedule “B” of Noise Control By-Law 2004-52. RECOMMENDATION: THAT Queen’s University Students Against Indifference (SAI) be granted an exemption to Noise Control By-Law 2004-52, Schedule B, to permit a rally against poverty at home to be held at Agnes Benedickson Field off 5th Field Company Lane on Saturday, September 13,2008 from 1:30 p.m. until 4:OO p.m. 45

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Page 1: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

i e _I CITY OF KINGSTON

lm REPORT TO COUNCIL m

I ReDort No.: 08-263 I

TO: Mayor and Council

FROM:

RESOURCE STAFF:

DATE OF MEETING: September 2,2008

SUBJECT:

Lance Thurston, Commissioner, Community Development Services Group

Terry Willing, Director, Building & Licensing Department Kim Leonard, Manager, Licensing & Enforcement Division

“Noise Exemption Request for Students against Indifference at Queen’s University - Rally against Poverty at Home”

EXECUTIVE SUMMARY:

Queen’s University Students Against Indifference (SAI) is a student-run, AMs-ratified organization dedicated to raising awareness about local, national and international issues. SA1 is requesting an exemption from Noise Control By-Law 2004-52, Schedule “ B in order to hold a rally against poverty at home, to be held from 1 :00 p.m. to 4:30 p.m. on Saturday, September 13th, 2008 at Agnes Benedickson field on Queen’s Campus. This purpose of this rally is to expose local high school, university students and members of the Kingston community at large, to the issue of poverty in Canadian communities.

The exemption is requested for the use of a PA system for speakers and a band which will primarily use acoustic sets. The amplification for this event is proposed for short intervals between the requested hours for exemption and therefore there will be limited persistent amplification during the event, in accordance with the Schedule of Events provided as Exhibit “ B attached.

The amplified noise associated with this event is prohibited at any time in residential areas according to Section 4 under Schedule “B” of Noise Control By-Law 2004-52.

RECOMMENDATION:

THAT Queen’s University Students Against Indifference (SAI) be granted an exemption to Noise Control By-Law 2004-52, Schedule B, to permit a rally against poverty at home to be held at Agnes Benedickson Field off 5th Field Company Lane on Saturday, September 13,2008 from 1:30 p.m. until 4:OO p.m.

45

Page 2: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

REPORT TO COUNCIL.

Commissioner Beach, Sustainability & Growth

Commissioner Hunt, Finance & Corporate Performance

Commissioner Leger, Corporate Services

- Page 2 -

NIR

NIR

N/R

AUTHORIZING SIGNATURES: I I

Jim Keech, President, Utilities Kingston

STRATIVE OFFICER

N/R

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

4 6

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REPORT TO COUNCIL Report No.: 08-263 - Page 3 -

OPTIONS/DISCUSSION:

Queen’s University Students Against Indifference (SAI) is a student-run AMS-ratified organization dedicated to raising awareness about local, national and international issues. Queen’s University Students Against Indifference (SAI) seeks to motivate students to find a cause which they feel passionate about and then equip them with the resources necessary in order to advocate for and enact change within that cause, both at home and abroad, as detailed in the letter from event Chair,Nicolle Domnik and attached as Exhibit “A”.

The exemption is requested for the use of a PA system for speakers and a band which will primarily use acoustic sets. The amplification for this event is proposed for short intervals between the requested hours for exemption and therefore there will be limited persistent amplification during the event, in accordance with the Schedule of Events provided as Exhibit “ B attached.

EXISTING POLlCYlBY LAW:

Amplified noise associated with this event is prohibited at any time in residential areas in accordance with Section 4 under Schedule “ B of Noise Control By-Law 2004-52.

Council has the authority to grant this request as it has for outdoor amplified events in the past. Alternatively, Council could deny the request so these events would be cancelled.

NOTICE PROVISIONS:

Council has granted exemptions to the Noise Control By-Law for amplified events in the past, and the authority to do so is specifically granted to Council under Subsection 129 (3) of the Municipal Act which no longer requires public notification. However, staff often requires that applicants advertise their event to allow for public comment. The amplified sound associated with this event will only be for a very short period of time in the afternoon and the event will be held well away from local residences in order to minimize any impacts on the neighbourhood, and it was for that reason that staff did not require media advertisements in this instance.

ACCESSIBILITY CONSIDERATIONS:

There are no accessibility considerations.

FINANCIAL CONSIDERATIONS:

An $88.00 fee was received as is now required to help cover the cost of processing noise exemption requests. There are no other financial considerations associated with this request.

CONTACTS:

Kim Leonard, Manager, Licensing & Enforcement, 546-4291 ext. 3222 Greg McLean, Supervisor, Animal Control & General By-Law Enforcement, 546-4291 ext. 1336 Nicolle Domnik, Chair of Events and Conferences, Students,Against Indifference, 905-884-0404

4 7

Page 4: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

REPORT TO COUNCIL. - Page 4 -

OTHER CITY OF KINGSTON STAFF CONSULTED: NA

EXHIBITS ATTACHED:

Exhibit “A” - SA1 Letter Outlining Events Exhibit “ B - Schedule of Events

4 8

Page 5: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08

Report No: 08-263

Attn: City of Kingston; By-Laws

To Whom It May Concern: My name is Nicolle Domnik and I am the current Chair of Events and Conferences for Students Against Indifference at Queen’s University. Students Against Indifference (SAI) is a student-run, AMs-ratified organization dedicated to raising awareness about local, national and international issues. We seek to motivate students to find a cause which they feel passionate about and then equip them with the resources necessary in order to advocate for and enact change within that cause, both at home and abroad. We at SA1 strive to open people’s eyes to important issues which, for one reason or another, are perhaps not always garnering quite the degree of media coverage which they warrant. This summer we are in the midst of planning our Rally Against Poverty At Home, which is set to run the afternoon of Saturday, September 13th, 2008 on Agnes Benedickson field on Queen’s Campus. This rally aims to expose local high school and university students, as well as members of the Kingston community at large, to the issue of poverty in Canadian communities. In thinking of poverty, most people’s thoughts automatically turn to images of far-off places; to drought, famine, or the aftermath of horrible natural disasters. While these are all valid and extremely worthwhile causes, they often overshadow a problem found right in our own back yards: the thousands of Canadian families struggling to put food on their tables, the Canadians trying to find shelter from the elements as they’ve no home to call their own, the Canadians that feel that their own country has turned away from them completely, that they’ve been forgotten. Through a diverse array of speakers, hopefully including invited guests His Honour Mayor Rosen and members of his Round Table against poverty, live music, and the involvement of local organizations, we hope to inspire those around us to not only take notice of, but also work towards eradicating this problem. As this is to be an outdoor weekend event, we’ve been advised by Queen’s Event Services to request the kind permission of the City of Kingston to issue us with a noise permit in order to have this event proceed. We held a very successful “Rally for Darfur” in March of 2007, which was warmly received by both Queen’s students, faculty members, and visiting members of the Kingston community, and are hoping to expand the each of this rally to include even more attendance and participation from Kingston’s citizens. A tentative schedule of the rally is attached below for your convenience. We are planning on using a PA system for our speakers, as it is an outdoor space, as well as having the local band Sargasso Sea play before and after the rally. They play a fusion of folk and alternative rock, with primarily acoustic sets. We feel that the bringing to light of this issue is of utmost importance for students and citizens alike. Furthermore, we are trying to keep it as true as possible to Mayor Rosen’s own plan for combating poverty in Kingston, with our primary focus of the rally being that of rallying the government to implement a working minimum wage. We urge you to please consider granting us a noise permit for the afternoon of Saturday, September 13th. Should you have any questions whatsoever, please don’t hesitate to contact me at the information provided below. Many thanks for your kind consideration, and I look forward to being in touch with you in the future,

Nicolle Domnik Students Against Indifference Chair of Events and Conferences 08-09 Tel: 905-884-0404 or Cell: 647-882-4969 Email: ndomnik@ hotmail.com

Page 6: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

EXHIBIT B - SCHEDULE OF EVENTS

Event Set-up

Pre-rally music Opening remarks

Speakers

Volunteer break

Speakers Closing remarks

Continuation of Information/ Volunteering Fair, clean- UP

Schedule for the Rally against Poverty at Home Saturday, September 13,2008

Description Tablesllocal organization information standslPA system set-up and testing, liaison with large equipment set-up staff , speakers, visiting charitieslorganizations etc., day- of advertising on campus, Princess St., market square, in “student ghetto” neighbourhood Pre-rally music as provided by Sargasso Sea Introduction to rally by SA1 and opening address by Queen’s faculty member First two speakers (20-min. each), one of which is Kingstonian Round Table Against Poverty member Downtime to explore the information stands set up around the field’s periphery by Kingston charitieslgroups, as well as innovative, student-run groups from TorontolOttawa; accompanied by music provided by Sargasso Sea Second two speakers (20-min. each) Closing address by SA1 and town representative (Hopefully His Honour Mayor Rosen or Round Table Against Poverty memberlrepresentative Information fair continues for as long as interested individuals remain, allowing time to talk to people working within the area etc., but no later than 17:OO. Music provided by Sargasso Sea. Clean-up to be done by SA1 members.

Time 09:00-13:00

13:00-13:30 13:30-14:00

14:00-14:40

14140-1 5:OO

15100-1 5140 15140-1 6:OO

16:OO-as needed (1 6:OO- 16:30 has music)

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Page 7: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

I Report No.: 08-277 I TO: Mayor and Council

FROM: Denis Leger, Commissioner, Corporate Services

RESOURCE STAFF: Malcolm Morris, Director of Transportation

DATE OF MEETING: 2008-09-02

SUBJECT: Parking Restrictions on Livingston Avenue and Davidson Street

EXECUTIVE SUMMARY:

A revised by-law is required to change parking restrictions on Livingston Avenue and Davidson Street to better control "spill-over" parking in the residential area. The revised by-law will prohibit parking of motor vehicles on one side of each street and restrict parking on the opposite side on weekdays between the hours of 10:30 a.m. to 11:30 a.m. and 2:30 p.m. to 3:30 p.m. from January to June of each year. The proposed conditions will reverse for the last half of each calendar year to provide an element of equity to residents on both sides of Livingston and Davidson.

RECOMMENDATION:

THAT City Council amend By-Law No. 24, "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, to provide for.the prohibition of parking on the east side of Livingston Avenue and on the north side of Davidson Street from January Is' to June 30th of each year and on the west side of Livingston Avenue and the south side of Davidson Street from July I s t to December 31s' of each year and the restriction of parking between the hours of 10:30 a.m. to 11:30 a.m. and 2:30 p.m. to 3:30 p.m. weekdays on the west side of Livingston Avenue and on the south side of Davidson Street from January 1st to June 30th of each year and on the east side of Livingston Avenue and the north side of Davidson Street from July 1st to December 31s' of each year.

And further, that all three readings be given to the amended by-law at the September 2,2008 Council meeting.

51

Page 8: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

REPORT TO COUNCIL

Commissioner Beach, Sustainability & Growth

COUNCIL MEETING1 8 SEP 0 2 '08 Report No. 08-277

September 2,2008

NIR

Page - 2

AUTHORIZING SIGNATURES:

ISSIONER

RATlVE OFFICER

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Commissioner Hunt, Finance & Corporate Performance I NIR

Commissioner Thurston, Community Development Services

Commissioner Leger, Corporate Services

Jim Keech, President, Utilities Kingston I NIR

(N/R indicates consultation not required)

52

Page 9: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

REPORT TO COUNCIL Report No. 08-277 September 2,2008

Page - 3

OPTIONSIDISCUSSION: City staff and the district councillor have received complaints along with a petition representing 22 residences of Livingston Avenue with respect to vehicles parking on the subject streets during weekdays. Residents report all-day parked vehicles block access to their property and consume parking space for guests and service providers. There have also been reports of blocked driveways.

Parking restrictions are presently in place on both Livingston and Davidson that allow parking on one side of each street from Monday to Saturday on alternating days. Existing controls were placed into effect in the year 2000 on Davidson and in 1974 on Livingston. A 15 minute parking zone was established on the east and west sides of Livingston running southerly from Union Street in 1996 when on-street parking restrictions were implemented on Union Street. Staff recommend the 15 minute zones remain in place as they continue to serve their original purpose.

Amending the by-law to institute time of day restrictions for parking of motor vehicles between the hours of 10:30 a.m. and 11 :30 a.m. and between the hours of 2:30 p.m. and 3:30 p.m. on one side of each street for the first half of each year and on the opposite side of the subject streets during the last half of each year is expected to resolve the "spill-over" parking issue in this residential area. Time of day restrictions exist on many residential streets in the surrounding area. This recommendation provides for controlled parking on one side of these relatively narrow residential streets, to facilitate emergency vehicle access and the provision of winter control and solid waste collection services.

Implicit within this recommendation is that controlled parking will only be allowed on one side of these relatively narrow residential streets as is the case presently. Alternating parking restrictions for the first and second half of each year will provide an element of equity for residents on both sides of the subject streets.

Staff are recommending to Council that all three readings be given to the proposed changes to facilitate implementation of the new parking restrictions in September to coincide with the resumption of parking routines on the part of commuters and post-secondary students.

EXISTING POLICYIBY LAW: By-Law No. 24, "A By-Law For Regulating Traffic ir fhe Highways Of The City of Kingsfon, Subjecf To The Provisions Of The Highway Traffic Acf".

NOTICE PROVISIONS: NIA

ACCESSIBILITY CONSIDERATIONS: NIA

FINANCIAL CONSIDERATIONS: Costs associated with the production and installation of new signage can be accommodated within the approved 2008 operating budget.

CONTACTS: Malcolm Morris, Director, Transportation Department, Ph.613-546-4291 Ext.2260 Terry Willing, Director, Building and Licensing Department, 613-546-4291 ext. 3240

OTHER CITY OF KINGSTON STAFF CONSULTED: Greg McLean, Supervisor, By-law Enforcement and Animal Control, 61 3-546-4291 Ext.1336 Chris Sleeth, Traffic Supervisor, Engineering Department, 613-546-4291 ext.3149

EXHIBITS ATTACHED: Exhibit A - Revised by-law Exhibit B - Map of Livingston Avenue and Davidson Street 53

Page 10: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

EXHIBIT ‘A’

DAVIDSON STREET Pembroke to Ellerbeck

BY-LAW NO. 24 -TRAFFIC

North Side - Parking Prohibited Monday Wednesday and Friday after 9:OO p.m.

(By-Law No. 2000-232 - 2000)

A BY-LAW TO AMEND BY-LAW NO. 24, “A BY-LAW FOR REGULATING TRAFFIC IN THE HIGHWAYS OF THE CITY OF KINGSTON, SUBJECT TO THE PROVISIONS OF THE HIGHWAY TRAFFIC ACT”, (AMEND PARKING RESTRICTIONS ON DAVIDSON STREET AND LIVINGSTON AVENUE)

PASSED: ,2008

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

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:

BY-LAW No. 24, Section 18: (Various Parking)

Delete:

DAVIDSON STREET Pembroke to Ellerbeck

LIVINGSTON A V E N U ~ 109 feet south of Union to King

LIVINGSTON AVENUE 136 feet south of Union to King

South Side - Parking Prohibited Tuesday Thursday and- Saturday after 9:OO a.m.

(By-Law No. 2000-232 - 2000) West Side - Parking Prohibited Tuesday, Thursday and Saturday

after 9:OO a.m. (By-Law No. 8198 - 1974; 96-361 - 1996)

East Side - Parking Prohibited Monday, Wednesday and Friday after 9:OO a.m.

(By-Law No. 8198 - 1974; 96-361 - 1996)

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Add:

DAVIDSON STREET Pembroke to Ellerbeck

-

DAVIDSON STREET Pembroke to Ellerbeck

LIVINGSTON AVENUE 33.2 metres south of Union to King

LIVINGSTON AVENUE 41.5 metres south of Union to King

North Side No Parking from January lst of each year to June 30" of each year and from 10:30 a.m. to 11:30 a.m. and 2:30 p.m. to 3:30 p.m. weekdays from July lst of each year to December 3lSt of each year

South Side No Parking from July lst of each year to December 3lSt of each year and from 10:30 a.m. to 11:30 a.m. and 2:30 p.m. to 3:30 p.m. weekdays from January lst of each year to June 30" of each year

East Side No Parking from January lst of each year to June 30" of each year and from 10:30 a.m. to 11:30 a.m. and 2:30 p.m. to 3:30 p.m. weekdays from July 1'' of each year to December 31" of each year

West Side No Parking from July lst of each year to December 31" of each year and from 10:30 a.m. to 11:30 a.m. and 2:30 p.m. to 3:30 p.m. weekdays from January lst of each year to June 30" of each year

2.

GIVEN FIRST AND SECOND READINGS

GIVEN THIRD READING AND PASSED

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

,2008

,2008

CITY CLERK MAYOR

5 5

Page 12: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

COUNCIL MEETING1 8 SEP 0 2 '08

Page 13: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

COUNCIL MEETING1 8 SEP 0 2 ’08

i CITY OF KINGSTON

REPORT TO COUNCIL

I Report No.: 08-283 I TO:

FROM:

RESOURCE STAFF:

DATE OF MEETING:

SUBJECT:

Mayor & Council

Cynthia Beach, Commissioner, Sustainability & Growth Group

same

2008-09-02

J.K. T E l l BUILDING

EXECUTIVE SUMMARY:

Queen’s University has been working toward the development of a performing arts centre at its property located at King Street. Conceptual plans have been prepared and significant financial planning is underway. The University has approached the City to integrate the rehabilitation work of the J.K. Tett building with the University project with the view that an overall campus development and integrated site development will provide a greater benefit and potential, while at the same time gaining efficiencies from integration for project management, cost of rehabilitation for the City and efficiency of programming and works.

The J.K. Tett building is owned by the City of Kingston. The building requires extensive renovations to make it a welcome part of a new “Creative Campus” model. It is proposed that the property continue to be owned and managed by the City of Kingston (physical plant maintenance and capital improvements, leasehold management).

In 2005 the City engaged Artscape Inc. to provide concept plans for the future use of the J.K. Tett Creativity Complex. Artscape has recommended that a third-party organization be engaged to provide necessary resources to generate a program of on-site arts activity and marketing. St. Lawrence College has indicated an interest in undertaking this role as an extension of their continuing education program in the arts. Artscape recommended that a more detailed business planning process for the J.K. Tett Creativity Complex component of the “Creative Campus” be undertaken to address refined capital improvement costs and operating assumptions, major leaseholder requirements and available revenue streams. A building assessment will be undertaken to determine the extent of repairs and renovation required to bring the building to the level required for a “Creative Campus” operation.

RECOMMENDATION:

THAT Council supports, in principle, the Queen’s University performing arts centre project and the integration of the rehabilitation work of the J.K. Tett building (estimated in the range of $1 0,000,000 - $1 3,250,000) subject to the associated financial plan of the University coming to fruition; and subject to a maximum financial contribution of $6,000,000 by the City from the J.K. Tett Reserve Fund in the amount of $2,000,000 and the issuance of $4,000,000 in long term debt.

57

Page 14: I CITY OF KINGSTON REPORT TO COUNCIL · EXHIBIT A - SAI LETTER OTJTLIMNG EVENTS COUNCIL MEETlNGls SEP 0 2 ‘08 Report No: 08-263 Attn: City of Kingston; By-Laws To Whom It May Concern:

REPORT TO COUNCIL

Commissioner Beach, Sustainability & Growth

Commissioner Hunt, Finance & Corporate Performance

COUNCIL MEETING1 8 SEP 0 2 '08

J

4

Report No.: 08-283

~~

Commissioner Leger, Corporate Services

Jim Keech, President, Utilities Kingston

September 2,2008 - Page 2 -

~~

N/R

AUTHORIZING SIGNATURES:

m F D Cynthia Beach, Commissioner, Sustain:bility RUJ# ro &&#jONER

NlSTR A W E OFFICER CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

I Com m issio n e r Thurston, Community Development Services I I

(N/R indicates consultation not required)

58

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REPORT TO COUNCIL. September 2,2008 - Page 3 -

Report No.: 08-283

OPTIONS/DISCUSSION:

Since the 1970s the J.K. Tett Creativity Complex has provided space to heritage, arts and a variety of other community-based groups at reduced rents. In 2006, the City hired Artscape Inc. to develop a feasibility study for the J.K. Tett Creativity Complex with regard to making it a strong cultural cluster in the Kingston community. Artscape consulted with various stakeholders and potential partners as well as the community at large. The “J.K. Tett Complex Creative Cluster Feasibility Study” concluded in April 2006 and was presented to Council. The preferred approach to maintaining the vibrancy on the site was to incorporate an educational component by selling a portion of the site to Queen’s University for the development of an arts campus.

Council requested additional consultation from the stakeholders at the J.K. Tett Creativity Complex. Artscape was engaged to conduct the public consultation sessions with the following stakeholders:

Tett Centre Tenants Association KEDCO Queen’s University St. Lawrence College Domino Theatre Kingston Municipal Heritage Committee (LACAC) Kingston Arts Council Friends of the Tett City staff

Artscape proceeded with development of a “Preliminary Business Model for the Tett Centre” as a follow-up to the original feasibility study.

On July 18,2006, Council approved the sale of the J.K. Tett Complex to Queen’s University for the development of an arts campus. Queen’s University purchased the Stella Buck Building, the Domino Theatre building, the garages and a portion of the site. As part of the agreement of purchase and sale with Queen’s University, a portion of the funds from the sale will be put into the rehabilitation of the J.K. Tett building to create an integrated campus for the whole site. Queen’s University’s vision for the site as stated in the draft Letter of Intent is:

“to create a performing arts centre that would serve not only Queen’s but also the communities of Kingston and Eastern Ontario, through the integration of academia with the community”.. . “The vision also includes relocation of related Queen’s academic departments of music, drama, art, and others to this arts campus.

Queen’s has hired Snohetta Architects and EMA to prepare a redevelopment concept of the site. The City of Kingston and Queen’s University have been working cooperatively to redevelop the site in a way that will provide a venue for community involvement in cultural activities and to incorporate Queen’s programs effectively with community groups. Queen’s University’s intent is to make this an academic campus.

Queen’s University has been actively pursuing financial support for the performing arts centre on the property and has been seeking contributions from upper levels of government and others as a way to assist in developing a campus approach, enable joint construction, allow the City to rehabilitate the J.K. Tett building as part of a greater project and capitalize on the overall financing plan. This has the potential to save the City considerable costs compared to the City proceeding to rehabilitate its facility on its own. During recent priority discussions, Council received information that the costs for the project rehabilitation could be as high as $13 million, depending on the year of construction. This opportunity to participate in joint construction lessens that cost substantially and provides an opportunity to move forward much sooner than might otherwise be possible.

5 9

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COUNCIL MEETING^ 8 SEP 0 2 ’08 REPORT TO COUNCIL.

September 2,2008 - Page 4 -

Report No.: 08-283

Queen’s University’s project costs for their performing arts centre are approximately $45 to $50 million and they would like to entertain the possibility of having the City’s J.K. Tett building added to the project scope as a complementary integrated site for both programming and community use. The value of doing that at this time enables the parties to take advantage of additional buying power, construction efficiencies, site works opportunities and concentrated project timelines. It appears that the financial contributions to the project can be leveraged with a contribution from the City of approximately 10 percent of the entire project costs, estimated at $60 million for which the City would achieve the rehabilitation of the City’s building, estimated in the $10 to $13.5 million range and thereby receive such value for a contribution expected not to exceed $6 million. Of the $6 million, the City currently has approximately $2 million including interest in a reserve fund from the original sale of the adjacent property to Queen’s University. This increase of project scope will enable the City to rehabilitate a facility that is a major part of the arts and culture future of Kingston and can be accomplished with fewer financial resources than originally identified.

The creative campus and learning model adopted for this site will maximize the complex as a creative asset for the whole community. It will strengthen a strategic partnership with Queen’s University and the community. Redevelopment will allocate resources to the preservation of the heritage and archaeology on the site.

The final “Preliminary Business Model for the Tett Complex” was completed in October 2006, concluding Phase 1 of the project. The recommendation is for:

0 Learning Centre 0 Cafe/gallery

Multi-purpose event room Leasable area

Phase 2 of the project is to develop the Tett Centre into a cultural cluster. This phase includes: 0 Structural assessment of the Tett building to determine the extent of repairshenovations required on the external

structure and the internal structure An analysis on the feasibility of repurposing the basement area Substantial renovations may be required to bring the building up to current building code and accessibility standards

Consultation with tenants and partners, potential new tenants and partners, will continue throughout Phase 2.

Tenants’in the Tett building include:

0

0

0 Kingston Potters Guild 0 Kingston School of Dance

Kingston Handloom Weavers and Spinners Guild Kingston Lapidary and Mineral Club

The site is now home to a dance school and three craft groups. At this time, communication to the tenants has included the retention of the remaining tenants in future plans. The business plan prepared by Artscape recommends the transition of these groups to a cost recovery for their dedicated space in the building. The City of Kingston has also indicated that it will undertake an assessment of the feasibility of accommodating the Domino Theatre in the Tett building. There is a theatre space in the building that would require substantial renovations to accommodate the Domino Theatre. As part of the building conditional

. assessment, a review will be provided of the area for Domino Theatre to determine if they would like to occupy the space. The space could be used for community theatre, community programming or leasable space and be complementary to the performing arts centre.

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Heritage Issues The J.K. Tett Creativity Complex has significant heritage and archaeological significance. It was one of the largest industrial compounds in North America, and a military hospital and headquarters. The City took ownership of the Complex in the early 1970s and it became the J.K. Tett Creativity Complex in 1975.

The Heritage Committee, in a memorandum dated June 12,2006, states: “We are concerned that any development on this site will have a negative impact on the present buildings and their setting ... the waterfront, the wharf, and the open area formed by the group of buildings are all seen as important.” ... ”Since the property will maintain its Designated status, we hope that any proposals for new buildings will complement the present buildings in height, scale and massing, and will respect the open space there at present. We assume that the present buildings will be retained and maintained. We assume that all signage will be discrete and appropriate.”

Action Plan and Associated Costs A scope of work is being finalized for the structural analysis and building assessment to determine the extent of the rehabilitation and transformation. Assessment will begin in the fall of 2008 with a final report scheduled by the end of the year. This assessment will determine the extent of necessary repairhenovation to the physical structure as well as any modifications required to the internal structure. System upgrades to accommodate the current uses are anticipated; there are a number of external repairs needed. Once the structural assessment is complete, the City will use this information along with the information contained in the Artscape Feasibility Study and business model to proceed with a comprehensive business plan and implementation schedule. Decisions will be required with respect to the anticipated programming for the facility in order to determine the order of magnitude of costs to accommodate future tenants.

Council approved the review of the J.K. Tett Centre building in the 2008 budget. Rehabilitation was not budgeted in 2008. Until this review is completed, it is difficult to determine the magnitude of costs. Just to stabilize the exterior of the building and not provide any upgrades to the interior of the building would likely cost in the order of magnitude of $2 million. To provide improvements to the interior more detailed analysis will need to be done on the type of tenant requirements along with further investigation into the current condition of structural components of the building. Electrical, structural and mechanical systems may all need substantial upgrades depending on the end uses and the results from testing.

The next steps will also include a further analysis of the business plan in conjunction with the concept plans developed by Queen’s University to determine the best model for the ongoing use of the building. Program development needs to occur at the same time or before the structural assessments are completed in order to accurately determine cost estimates for the project. The phasing of the building improvements may also be critical in order to time construction along with the renovations by Queen’s University to coordinate servicing and other work.

The Arts Advisory Committee, at its regular meeting of August 14,2008 approved the following motion:

THAT the Arts Advisory Committee host a public meeting to discuss the space and program needs of an arts cluster located at the J.K. Teff Centre recognizing the potential requirement for additional or alternate spaces

- and further - THAT a facilitator be retained for this meeting to be funded from the Sustainabilify & Growth budget to an upset limit of $5,000

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- and further - THAT all arts interested groups and user groups be strongly encouraged to provide a concise written submission of their facilify needs by September IO, 2008 in advance of the public meeting to be scheduled Monday, September29,2008 at 7;OOp.m. at the INVISTA Centre.

It should be noted that this motion has not yet advanced to the Arts, Recreation & Community Policies Committee; but it is a worthy motion to note for the purposes of this report.

EXISTING POLlCYlBY LAW:

There is no existing policy/by-law.

NOTICE PROVISIONS:

There are no notice provisions required with this report.

ACCESSIBILITY CONSIDERATIONS:

There are no accessibility considerations at this time.

FINANCIAL CONSIDERATIONS:

This opportunity enables the City to complete the capital rehabilitation of a significant asset for an amount substantially less than expected. The resulting impact frees up potential financial and debt capacity for other projects, assuming it is necessary to undertake the rehabilitation of this building in the near future.

CONTACTS:

Cynthia Beach, Commissioner, Sustainability & Growth Group (61 3-546-4291 ext. 1150) Lance Thurston, Commissioner, Community Development Services (61 3-546-4291 ext. 1250)

OTHER CITY OF KINGSTON STAFF CONSULTED:

Speros Kanellos, Director, Growth & Initiatives Hal Linscott, Director, Legal Services Brian McCurdy, Cultural Director

EXHIBITS ATTACHED:

Exhibit A - Site drawing

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CITY OF KINGSTON i e

,A, REPORT TO COUNCIL - m

I Report No.: 08-284 I TO: Mayor and Council

FROM:

RESOURCE STAFF:

Lance Thurston, Commissioner, Community Development Services Group

Mark Fluhrer, Director, Culture & Recreation Department Lynda Breen, Manager, Recreation Services Division

DATE OF MEETING: 2008-09-02

SUBJECT: Purchase of Service Agreement with Kingston Family YMCA

EXECUTIVE SUMMARY: The YMCA requested a grant from the City to cover City-imposed Project Fees (Impost, Development Charges and Building Permit Fees) for the construction of a 25 meter pool. Through the motion below, it was recommended that the YMCA be requested to provide programs and services of an equal value to the community in exchange for the grant in the form of a Purchase of Service Agreement. On October 2,2007, the following motion was approved: Moved by Councillor Hutchison Seconded by Deputy Mayor MacLeod-Kane

THAT Council consider a grant of $250,000 for the YMCA 25 Metre Aquatics Centre Development subject to securing service opportunities of equivalent value and recommended by the Culture and Recreation Department through negotiations with the YMCA;

THAT the service recommendations referred to above, be presented to Council no later than 3 months from the date of this meeting, at which time a final decision on the potential grant can be made. CARRIED

-and further-

RECOMMENDATION: 1. That Council authorizes the Mayor and Clerk to enter into a purchase of service agreement on behalf of the City of

Kingston with the Kingston Family YMCA to provide service opportunities of equivalent value in exchange for the awarding of a grant of approximately $250,000 to the Kingston YMCA;

That the purchase of service agreement is conditional on securing opportunities for recreation services over a 5 year term with an annual payment of $50,000 for programs and services of equal value.

-and further-

2. That Council approve a grant of $250,000 to the YMCA, 25 Metre Aquatic Centre Development, to be paid annually in the sum of $50,000 over a five year period subject to a satisfactory review of the program delivery addressed under item #1 above.

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Commissioner Beach, Sustainability & Growth

Commissioner Hunt, Finance & Corporate Performance

Commissioner Leger, Corporate Services

Jim Keech, President, Utilities Kingston

AUTHORIZING SIGNATURES: I

NIR

NIR

NIR

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OPTIONS/DISCUSSION: The YMCA requested a grant to cover City-imposed Project Fees (Impost, Development Charges and Building Permit Fees) for the construction of their 25 meter pool. The contemplated grant is $250,000 which is equivalent to the estimate of fees calculated at $249,370. The distinction is important, as the fees are set by by-law and without a change in the by-law, an exemption would not be possible.

A memorandum outlining recommended services the YMCA was requested to provide in exchange for the grant was provided to Council during budget deliberations. Funding was approved in the amount of $250,000 through the budget process. The provision of services by the YMCA would be formalized through a Purchase of Service agreement with the City over a period of 5 years based on the 2008 Proposed Services Provision (exhibit 'A'). The programs and services outlined in the agreement are not currently being provided by the Culture & Recreation Department, although a community need has been identified.

The purchase of service agreement would be renewed annually to ensure services provided were meeting the identified community needs. Service provision recommendations will be reviewed and agreed upon by both parties annually.

EXISTING POLlCYlBY LAW: NIA

NOTICE PROVISIONS: NIA

ACCESSIBILITY CONSIDERATIONS: NIA

FINANCIAL CONSIDERATIONS: The grant of $250,000 is conditional on securing opportunities for services over a 5 year term. An annual grant of $50,000 will be awarded subject to the terms and conditions of the purchase of service agreement and the outcomes of the annual reviews.

CONTACTS: Mark Fluhrer, Director, Culture & Recreation Department Lynda Breen, Manager, Recreation Services Division

OTHER CITY OF KINGSTON STAFF CONSULTED: Desiree Kennedy , Director, Financial Services

61 3-546-4291 ext. 1342 61 3-546-4291 ext. 1705

61 3-546-4291 ext. 2220

EXHIBITS ATTACHED: Exhibit 'A' 2008 Proposed Services Provision

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Appendix ‘A

Young Men’s Christian Association of Kingston, Ontario (Kingston Family YMCA)

Year one proposed service provision

The following is a list of proposed services to be provided by the Kingston Family YMCA to the Kingston community, during the initial calendar year; details to be defined and negotiated as part of the POS agreement. The list of services to be provided are to be re-evaluated annually to ensure the provision of services are fulfilling the identified community needs and not infringing on or duplicating programs currently being provided by the Culture and Recreation Department.

a.

b.

C.

d.

e.

f.

9-

Provision of 24 hour accessible facility at the YMCA with available staffing i.e. emergency worker 24 hour childcare facility, other emergency use; written plan to describe provision of service (identifying facility contacts) and applicable training where feasible; $5,000 annually

Provision of ‘free family swims’ at the Kingston YMCA pool totaling 4 hours per week. Le. 2 hour free family swims twice per week; one weekend and one evening swim (4 hours total); a weekly cost of approximately $400 week x 48 weeks for a total of $19,200 annually.

Annual funding for PRO Kids (Positive Recreation Opportunities for Kids) in the form of YMCA memberships orland programming; a seasonal cost of $2,000 for a total of $8,000 annually

Annual funding to PRO Kids in the form of 8 RKY Camp (residential camp) spaces Le. 2 spaces per session (8 per summer) for a total of $8,000 annually.

Provision or funding for fitness leadership/instruction at the Wally Elmer Community Hub of Service Project i.e. free fitness classes for various ages. Estimated total of $7,000 annually, 6 times week X 47 weeks)

Provision of childcare during programs at the Wally Elmer Community Service Hub for community meetings, events and adult fitness or recreation programs. Estimated total of $2,000 annually. Le. 133 hours child minding ($15 per hour).

Provision of Fit or Wellness Breaks in Market Square. Le. 30 minute fit classes, 2 or 3 times per week, June through September. Le. Two times per week ($50.00) X 16 weeks (June through September) for an estimated total of $800.

The above services would account for a total of $50,000 annuallv. Therefore, in exchange for the requested grant ($250,000), the Kingston YMCA will provide the outlined services, or similar services agreed to annually, to the community over a 5 year period

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