counctl %enlng 0 8 2 0 '07 - home - city of kingston · chs sleeth, c.e.t., traffic supervisor...

CouNctL % E n l N G 0 8 MAR 2 0 '07 CITY OF KINGSTON

REPORT TO COUNCIL

Report No.: 07-005

TO: Mayor and Council

FROM: Mark Segsworth, Commissioner, Public Works & Emergency Services

RESOURCE STAFF: Malcolm Morris \ Director of Transportation

DATE OF MEETING: 2007-03-20

SUBJECT: Toronto Street Parking Restrictions

EXECUTIVE SUMMARY: ..

Toronto Street between Johnson Street and Earl Street is relatively narrow and it is difficult to accommodate two-way traffic if parking is allowed on both sides of the street. Restricting parking to only one side of the street at a time will enable two-way traffic to easily pass and the sight distance for residents exiting their driveways will be improved.

RECOMMENDATION:

THAT City Council amend By-law No. 24, "A By-law For Regulating TrafJic in the Highways Of The City of Kingston, Subject To The Provisions Of The Highway TrafJic Act" as amended, in order to implement parking restrictions on Toronto Street between Johnson Street and Earl Street.

REPORT TO COUNCIL. COUNCIL MEETINGO 8 M A R 2 0 '07

Report No.: 07-005

- -

AUTHORIZING SIGNATURES: /3

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

(Nm indicates consultation not required)

Commissioner Beach, Sustainability & Growth

Commissioner Segsworth, Public Works & Emergency Services

Commissioner Hunt, Finance & Corporate Pe$ormance

Commissioner Thurston, Community Development Services

Commissioner Leger, Corporate Services

Jim Keech, President, Utilities Kingston

N/R

/ N/R

N/R

N/R

N/R

APPENDICES TO REPORT # 07-005 March 20, 2007

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The Traffic Division has received concerns from the residents of Toronto Street that live between Johnson Street and Earl Street regarding the existing on-street parking. There are currently no parking restrictions on this block of Toronto Street and as a result, vehicles frequently park on both sides of the street. As Toronto Street is relatively narrow, it is difficult for two vehicles to pass when cars are parked on both sides of the street. The residents have also stated that it is difficult to exit their driveways as the parked vehicles on both sides of the street limit the sight distance.

On the adjacent block of Toronto Street, between Johnson Street and Brock Street, parking is allowed on one side of the street from the first day of the month to the 1 5th day of the month. On the opposite side of the street, parhng is allowed from the 16" day of the month to the last day of the month. This By-law ensures that vehicles are only parked on one side of the street at a time. In order to be consistent and promote efficient enforcement, it is being recommended that these parking restrictions be extended to the portion of Toronto Street between Johnson Street and Earl Street.

EXISTING POLICY/BY LAW: By-law No. 24, "A By-law for Regulating Traffic in the Highways of the City ofKingston, Subject to the Provisions of the Highway Traffic Act ", as amended.

NOTICE PROVISIONS: NIA

ACCESSIBILITY CONSIDERATIONS: N/A

FINANCIAL CONSIDERATIONS: Sufficient funds exist in the 2007 draft Traffic Division budget to implement this recommendation.

CONTACTS: C h s Sleeth, C.E.T., Traffic Supervisor - 546-4291 Ext. 3 149 Greg McLean, Supervisor, Parlung and By-law Enforcement, Ph. 546-4291 Ext. 1336

OTHER CITY OF KINGSTON STAFF CONSULTED: Deanna Green, P.Eng., Traffic Engineer, Ph. 546-4291 Ext. 3 170 Paula Nichols, Transit &.Parking Division, 546-4291 Ext. 2392

EXHIBITS ATTACHED: Exhibit A - Draft Bylaw Exhibit B - Map of Toronto Street

EXHIBIT 'A'

BY-LAW NO. 24 -TRAFFIC

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 TORONTO STREET )

PASSED: ,2007

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)

Add:

TORONTO STREET

TORONTO STREET

Brock Street to Earl Street West Side - No Parking from 8:00 a.m. on the lst

day of each month to 11:OO p.m. on the 15 day of each month

Brock Street to Earl Street East Side No Parking from 8:00 a.m. on thel6" day of

-each month to1 l:00 p.m. on the last day of each month.

Delete:

TORONTO STREET

TORONTO STREET

CouNcfL MEETINGO 8 MAR 2 0 '07

Johnson to Brock West Side -No Parking fiom 8:00 a.m. on the 1" day of each month to 11 :00 p.m. on the 15 day of each month

(By-Law No. 86-20 - 1985) Johnson to Brock East Side No Parking from -8:OO a.m. on the1 6" day of each month to 1 1 :00 p.m. on the last day of each month.

(By-Law No. 86-20 - 1985)

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

GIVEN FIRST AND SECOND READINGS ,2007

GIVEN THIRD READING AND PASSED ,2007

CITY CLERK MAYOR

C ~ W l v I I w LULJIVLIL MEETINGU 8 MAR 2 0 '07

ef Tarontn Straet - No porking from 8 AM 1st day of each month Engineering Departrnsnt to I IPM on tna 15TH doy of aach month infmsfmclarre Management

F 3 No pPt'king from B AM 18th day of. each month

TORONTO STREET ta 11PM arr the In& day of act : month

Data: 2 3 / W 09

COUNCIL MEETINGO 8 MAR 2 0 '07

CITY OF KINGSTON

REPORT TO COUNCIL

Report No.: 07-096

TO:

FROM:

Mayor & Members of Council

Mark Segsworth, Commissioner, Public Works and Emergency Services Group

RESOURCE STAFF: Mark Van Buren, Director, Engineering Department

DATE OF MEETING: March 20,2007

SUBJECT: TO RELEASE AND ABANDON A TEMPORARY EASEMENT- FORMER TOWNSHIP OF KINGSTON, COUNTY OF FRONTENAC- CITY OF KINGSTON THAT IS NO LONGER REQUIRED FOR MUNICIPAL PURPOSES

EXECUTIVE SUMMARY:

The Solicitor for the purchaser of 101 6 Centennial Drive has requested that the City of Kingston release a temporary easement located on the property which is no longer required as a result of the extension of Centennial Drive.

The easement that is recommended for release and abandonment was granted in favour of the municipality for a temporary turnaround that is no longer required as a result of the extension of Centennial Drive north to the Costco entrance.

RECOMMENDATION:

That Council authorize the Director of Legal Services to release and abandon the following easement:

Easement for a temporary turnaround located on 101 6 Centennial Drive and registered as instrument #FR643685 represented by Part 5 on Plan 13R-13075

REPORT TO COUNCIL

CQUNCiL MEETINGO 8 MAR 2 0 '07 Report No.: 07-096

- Page 2 -

AUTHORIZING SIGNATURES:

I ark ~eg$;v&&ommissione~;4blic Works and Emergency Services Group


(N7R indicates consultation not required)

COUNCIL MEETINGO 8 MAR 2 0 '07 APPENDICES TO REPORT# 07-096

March 20,2007 - Page 3 -

Through the progression of land development it is often required that the City be granted temporary easements for temporary turnarounds until the roadway is extended. This provides for better services for snow plowing and emergency response.

As the roadway extension proceeds, the need for the temporary easement is eliminated and the City is required to terminate the easement in order to "clean-up" title for private property owners who reside on the affected plans.

Below is a brief summary of the easement that is recommended for removal from title and the lands are illustrated in the attached Exhibit 'A'.

An easement was registered over Part 5 on Plan 13R-13075 as a temporary turnaround which was to be used until such time as the municipal right of way was extended.

The reference plan is attached as Exhbit 'B'.

EXISTING POLICYBY LAW:

Council approval is required to release the temporary easement as the documents available do not permit the use of By-Law 2006-1 16, "A By-Law To Delegate Various Approvals To Staff And To Adopt Certain Procedures For The Processing Of The Assumption Of Public Works And The Dedication Of Highways, Lanes And Walkways Including The Release Of Easements, Blocks And Lots In The City Of Kingston".

NOTICE PROVISIONS:

No notice provisions are to be considered in this report.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

FINANCIAL CONSIDERATIONS:

No financial implications are to be considered in this report.

CONTACTS:

Mark Van Buren, Director, Engineering Department, ext. 321 8 Donald R. Brodie, Senior Development Technologist, Engineering Department, ext. 3 146 Tony Fleming, Senior Legal Counsel, ext. 1293

OTHER CITY OF KINGSTON STAFF CONSULTED:

George Wallace, Director, Planning and Development

EXHIBITS ATTACHED:

Exhibit 'A' - Location Map Exhibit 'B' - Plan 13R-13075

Report No.: 07-096 COUNCIL MEET~NC 0 8 RAR 2 0 '07 Exhibit 'B'

CQUNCIL MEETING 0 8 MAR 2 0 '07

CITY OF KINGSTON

REPORT TO COUNCIL

I Report No: 07-097 1

TO:

FROM:

Mayor and Council

Denis Leger, Commissioner of Corporate Services

RESOURCE STAFF: Lorraine Thibadeau, Leasing Specialist

DATE OF MEETING: March 20,2007

SUBJECT: Hanna Gabriellson License Agreement for Refreshment Vehicle Operation South Side of Union Street, Parking Meter #708

EXECUTIVE SUMMARY: The licensee operates a food services business in compliance with City By-law No. 93-250, and has requested a renewal of the license agreement which expires on March 31, 2007. The licensee has operated at this location on Union Street since April 1,2004, and occupies one parlung spot.

RECOMMENDATION:

THAT Council approve the proposed license agreement with Hanna Gabriellson for the operation of a refi-eshrnent vehicle on the south side of Union Street in the vicinity of parking meter #708, for three years, commencing April 1, 2007 and ending March 3 1, 2010, at a rental rate of $6,030.00 plus GST, payable at $502.50 per month plus GST, with such rental rate to be adjusted annually on April 1 of each year throughout the term, in accordance with any increase in the Consumer Price Index of Statistics Canada for the immediately preceding calendar year, such annual adjustments to commence on April 1, 2008.

- and further -

THAT Council authorize the Mayor and Clerk to execute said license agreement in a form satisfactory to the Director of Legal Services.


REPORT TO COUNCIL

COUNCIL MEETINGO 8 li9AR 2 0 '07

Report No.: 07-097

- Page 2 -


(A?ZR indicates consultation not required)

Commissioner Beach, Growth & Sustainability


Commissioner Hunt, Finance & Corporate Peflomzance

Commissioner Thurston, community Development Services



N/R n

N/R

N/R \

(5 jz-jkj N/R

COUNCIL MEETINGO 8 ftf AH 2 0 '07 APPENDICES TO REPORT #07-097

March 20,2007 - Page 3 -

The licensee operates a food services business in compliance with City By-Law No. 93-250, and has requested a renewal of the license agreement which expires on March 31, 2007. The licensee has operated at this location on Union Street since April 1,2004, and occupies one parking spot.

The licensee is authorized to operate at this location during the hours 7:00 a.m. to 11 :00 p.m. daily for the purposes of selling foods which have been prepared and cooked on-site and/or prepared and cooked off- site.

In addition to complying with all laws, the license agreement specifically requires the licensee to comply with all fire, health, and safety standards, and City by-laws and regulations, and to comply with the regulations under By-Law No. 93-250.

By-Law No. 2006-213 requires the licensee to obtain an annual license through Building & Licensing Department which fee is currently $250.00, and is used to offset the costs of ensuring that Health and Safety Standards are met. This fee is in addition to the rents applicable under the proposed license agreement before Council.

The City requires the licensee to carry a minimum of $2,000,000 liability insurance coverage and the City is to be shown as an additional insured under the policy.

EXISTING POLICYIBY LAW:

By-Law No. 93-250, A By-Law To Authorize The Lease Of City Streets For The Purpose Of Operating Motorized Refreshment Vehicles, And To Authorize The Adoption Of Guidelines For Dealing With Applications, And To Authorized Motorized Refreshment Vehicle Regulations.

By-Law No. 2006-213, A By-Law To License, Regulate And Govern Certain Businesses

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

NOTICE PROVISIONS:

NIA


NIA

G Q U N ~ L MEETING 0 8 MAR 2 0 '07 APPENDICES TO REPORT #07-097

March 20,2007 - Page 4 -


The rent proposed under the terms of the license agreement is considerably more than the monies which could be generated if the City were to utilize the parking space for metered parking. Estimates indicate maximum parking revenues of $3,500.00 annually, assuming the space is occupied 52 weeks per year, 5 days per week, and 8 hours per day.

The revenues to be received under the proposed license agreement are net to the City. The proposed fee of $502.50 per month is approximately 7% greater than the current fee of $471.86 and represents inflationary and general license increases. The licensee is responsible for maintaining the site in a clean and tidy manner and for removal of garbage generated by the operation. The vehicle has its own power source and under the regulations of By-Law No. 93-250, the licensee is required to carry its own supply of fresh water and to provide sufficient storage for grey water which is to be disposed of into the sanitary sewer.

CONTACTS:

Lorraine Thibadeau, Leasing Specialist Terry Willing, Director of Building & Licensing


Sam Tulk, Supervisor of Transportation Kim Leonard, Manager of Building & Licensing

EXHIBITS ATTACHED:

N/A

CITY OF KINGSTON

REPORT TO COUNCIL

Report No.: 07-103


FROM: Cynthia Beach, Commissioner, Sustainability & Growth Group

RESOURCE STAFF: Speros Kanellos, Director, Growth & Initiatives Department


SUBJECT: Declare Surplus the Former CN Spur Lands at the Northeast Corner of Montreal Street and John Counter Boulevard, Known as Parts 2 and 9-23 on Plan 13R-15336

EXECUTIVE SUMMARY:

This City-owned parcel is 4.5 acres and is a former railway spur that was purchased from CN in 2002. The lands are encumbered by an easement in favour of CN for existing underground fibre optic cables and an overhead utility line. The area of the easement totals a little more than one acre. The lands are also encumbered by a Utilities Kingston trunk sanitary sewer main that crosses through the northern portion of the site. The lands are shown on the sketch in Exhibit A.

At such time as the City decides to sell the subject property, the retention of a 20 metre strip on the north side of John Counter Boulevard will be required for a potential road widening to accommodate the potential Third Crossing of the Great Cataraqui River. An easement in favour of the CityIUtilities Kingston must also be retained for the trunk sanitary sewer main that crosses through the northern portion of the site.

All internal departments of the City and identified external agencies were asked to confirm whether or not there was any municipal need to retain this land. No department indicated any need for this land. The best use of this land is to sell it for development.

RECOMMENDATION:

THAT Council give two readings to the by-law attached as Exhibit B to declare surplus to Municipal need the parcels of land identified as Parts 2 and 9-23 on Plan 13R- 15336; and

THAT Council authorize and direct the City Clerk, in accordance with the City of Kingston Notice By- law 2003-015, to give notice of Council's intention to declare surplus and sell the parcels of land identified as Parts 2 and 9-23 on Plan 13R-15336; and

THAT Council give third reading and approve the attached by-law to declare surplus to municipal needs the parcels of land identified as Parts 2 and 9-23 on Plan 13R-15336 upon providing the prescribed public notice of Council's intent. 16

REPORT TO COUNCIL

COUNCIL MEETING 0 8 MAR 2 0 '07 Report No.: 07-103

- Page 2 -



(NZR indicates consultation not required) '



Commissioner Hunt, Finance & Corporate Performance


Commissioner Leger, Corporate Sewices


- N/R

N/R ,

COUNCIL MEETING 0 8 MAR 2 0 '07

APPENDICES TO REPORT #07-103 March 20,2007

- Page 3 -

This City-owned parcel is 4.5 acres and is a former railway spur that was purchased fiom CN in 2002. The lands are encumbered by an easement in favour of CN for existing underground fibre optic cables and an overhead utility line. The area of the easement totals a little more than one acre. The lands are also encumbered by a Utilities Kingston trunk sanitary sewer main that crosses through the northern portion of the site. The lands are shown on the sketch in Exhibit A.

The City property under discussion is part of a 14.8 acre site located at the north east corner of Montreal Street and John Counter Boulevard. The CN mainline is to the north and the Great Cataraqui River is to the east. The site is divided into three parcels, one of which is owned by the City. The two other parcels are owned by Stirling Bridge Limited (SBL), including a 1.7 acre site of a former transmission shop on the comer of Montreal Street and John Counter Boulevard and an 8.6 acre vacant parcel bordering the river. The City land divides these two parcels.

Staff recommends that Council declares the City land surplus to municipal need, and give public notice of its intent to declare surplus and sell the property. Any potential sale of this property will be considered at a later date during open session of Council.

All internal departments of the City and identified external agencies were asked to confirm whether or not there was any municipal need to retain this land. No department indicated any need for this land. The best use of this land is to sell it for development.

At such time as the City decides to sell the subject property, the retention of a 20 metre strip on the north side of John Counter Boulevard will be required for a potential road widening to accommodate the potential Third Crossing of the Great Cataraqui River. An easement in favour of the CityIUtilities Kingston must also be retained for the trunk sanitary sewer main that crosses through the northern portion of the site.


By-law 98-1, Procedure for the Sale of Municipal Property. City of Kingston Policy for the Sale and Acquisition of Real Property.

NOTICE PROVISIONS:

Public notice of Council's intent to declare surplus and sell the property will be provided should Council approve the recommendations of this report.


These considerations will be applied through the planning approvals process, where applicable, should the land be eventually sold and developed.


There are no financial considerations in this report. Any potential sale of this property and subsequent revenues will be considered at a later date during open session of Council. 1 8

COUNCIL MEETING 0 8 MAR 2 0 '07 APPENDICES TO REPORT #07-103

March 20,2007 - Page 4 -

CONTACTS:

Speros Kanellos, Director, Growth & Initiatives Department 61 3-546-429 1 ext. 3 133 Tony Fleming, Senior Legal Counsel, Legal Services Department 613-546-4291 ext. 1293


EXHIBITS ATTACHED:

Exhibit A - Property Sketch Exhibit B - Draft By-Law, Declare Surplus and. Intent to Sell

COUNCIL M E E T ~ N G O 8 MAR 2 0 '07 "Exhibit A''

Clause, Report No. ,2007 Exhibit " B

BY-LAW NO. 2007-

A BY-LAW TO DECLARE SURPLUS TO MUNICIPAL NEED AND SELL THE PARCELS OF LAND IDENTIFIED AS THE FORMER CN SPUR LANDS AT THE NORTHEAST CORNER OF MONTREAL STREET AND JOHN COUNTER BOULEVARD IDENTIFIED AS PARTS 2 AND 9-23 ON PLAN 13R- 15336

PASSED:

WHEREAS Section 268 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, requires Council to establish by by-law procedures, including the giving of notice to the public, governing the sale of real property owned by the municipality;

AND WHERAS the Corporation of the City of Kingston has passed By-Law No. 98-1, "Council Procedural By-Law";

AND WHEREAS public notice was given in accordance with Section 23.1 of By-Law No. 98-1, "Council Procedural By-Law" by publishing notice of the proposed sale of the property in accordance with Section 268 (3) of the Municipal Act, 2001, S.O. 2001, c.25;

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

1. That the former CN Spur Lands at the Northeast Corner of Montreal Street and John Counter Boulevard more particularly described as Parts 2 and 9-23 on Plan 13R-15336 are deemed to be surplus to the needs of the Municipality in accordance with the conditions of By-Law No. 98-1, "Council Procedural By-Law".

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

I

MAYOR

COUNCIL MEETINGO 8 MAR 2 0 '07

CITY OF KINGSTON

REPORT TO COUNCIL

Report No.: 07-106





SUBJECT: Authority to Enter into Temporary Use and Encroachment Agreements with the Ontario Realty Corp. and Hydro One for the Extension of Bayridge Drive

EXECUTIVE SUMMARY:

In September 2006, Council approved the purchase of the Hydro One lands along the Bayridge Drive Extension, north of Cataraqui Woods Drive.

The process to purchase land fi-om Hydro One involves the Ontario Realty Corporation (ORC) and Hydro One Networks. This process may take up to one year to complete. In order to facilitate construction timelines, Hydro One and ORC grant temporary use of their lands by way of encroachment and temporary use agreements while the year long process takes place.

Staff asks that the Mayor and Clerk be authorized by Council to sign the necessary agreements. This will allow the City's contractor to access Hydro One's corridor to complete the Bayridge Drive extension prior to the City finalizing the land purchase. Construction completion is expected early summer 2007.

RECOMMENDATION:

THAT Council authorize the Mayor and Clerk to sign a License of Land for Temporary Use and Access agreement with the Ontario Realty Corporation, and any other agreements that may be necessary to complete the transaction, in a form satisfactory to the Director of Legal Services, in order to facilitate road construction for the Bayridge Drive Extension.

THAT Council authorize the Mayor and Clerk to sign a Construction and Encroachment Agreement with Hydro One Networks Inc., and any other agreements that may be necessary to complete the transaction, in a form satisfactory to the Director of Legal Services, in order to facilitate road construction for the Bayridge Drive Extension.

REPORT TO COUNCIL.

COUNCIL MEETINGO 8 NAR 2 0 '07 Report No.: 07-106

- Page 2 -



(Iv7R indicates consultation not required)



Commissioner Hunt, Finance & Corporate Pet$omzance




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A& &-

N/R

N/R

N/R

COUNCIL MEEYlNGO 8 MAR ? O '07 APPENDICES TO REPORT #O7-106

March 20,2007

Page 1 OPTIONS/DISCUSSION:

In September 2006, Council approved the purchase of the Hydro One lands along the Bayridge Drive Extension, north of Cataraqui Woods Drive. The City requires approximately 0.53 acres from Hydro One, as shown on Exhibit A. Please refer to Report 06-245, attached as Exhibit B to this report, for background information regarding the City's Purchase of road widenings for the extension of Bayridge Drive.

The process to purchase land from Hydro One involves the Ontario Realty Corporation (ORC) and Hydro One Networks. Hydro One and ORC have a complex and lengthy internal review and approval process for any land sale, regardless of the ultimate use of the lands. This process may take up to one year to complete. In order to facilitate construction timelines, Hydro One and ORC grant temporary use of their lands by way of encroachment and temporary use agreements while the year long process takes place.

Staff asks that the Mayor and Clerk by authorized by Council to sign the necessary agreements. This will allow the City's contractor to access Hydro One's corridor to complete the Bayridge Drive extension prior to the City finalizing the land purchase. Construction completion is expected early summer 2007.

EXISTING POLICYJBY LAW:

Council must authorize the Mayor and Clerk to sign agreements on the City's behalf.

NOTICE PROVISIONS:

None.


There are no accessibility considerations at this time.


Capital budget amounts have been approved in the 2006 capital budget for the Phase 1 construction of the Bayridge Drive extension. Hydro One's engineering review costs ($1,500) and ORCYs license fee ($1,500) will be funded from the capital budget for Bayridge Drive Extension.

CONTACTS:

Speros Kanellos, Director, Growth and Initiatives Department, 61 3-546-429 1, Ext. 3 133

DEPARTMENTSJOTHERS CONSULTED AND AFFECTED:

Tony Fleming, Senior Legal Counsel, 546-4291, Ext. 1293 Mark Van Buren, Director, Engineering Department, 61 3-546-429 1, Ext. 321 8

EXHIBITS ATTACHED:

Exhibit A: City Land Acquisition from Hydro One Networks Inc. 24

Exhibit B: Report 06-245, Authority to Purchase Widenings for the Phase 1 Extension of Bayridge Dr.

CouNcrL MEETING0 8 MAR 2 0 CGUNCrL. MEETING2 0 SEp 1 9 '06

E x k i b L t "8" CITY OF KINGSTON REPORT TO COUNCIL

Report No.: 06-245




DATE OF MEETING: 2006-09- 19

SUBJECT: Authority to Purchase Road Widenings for the Phase 1 Extension of Bavridge Drive

EXECUTIVE SUMMARY:

Staff is seeking authority to purchase lands necessary for the Bayridge Drive extension, Phase 1. The lands are required to widen the existing Bayridge Drive right-of-way to a consistent 30 metre width as recommended in the Bayridge Drive Environmental Assessment. The construction tender has been awarded to extend Bayridge Drive north from Cataraqui Woods Drive to Sierra Avenue. Bayridge Drive extension is financed fiom Development Charges and the land purchases are in accordance with the City's Development Charges By-Law. These property purchases are being recommended in public as the method for acquisitions is prescribed in the Development Charges By-law and is not subject to negotiation on the value for the lands.

RECOMMENDATION:

1) THAT Council authorize the purchase of approximately 0.99 acres of land owned by J.A. Pye (Ontario) Limited described as Part of Part 1 on Plan 13R-8305, adjacent to and parallel with Bayridge Drive and more particularly described as Parts A and B in Exhibit A, and authorize the Mayor and Clerk to sign an Agreement of Purchase and Sale in a form satisfactory to the Director of Legal Services; and

2) THAT Council authorize the purchase of approximately 0.63 acres of land owned by JDL Eretz Holdings Corp described as Part of Parts 1 and 2 on Plan 13R-2983, adjacent to and parallel with Bayridge Drive and more particularly described as Parts A, By C and D in Exhibit By and authorize the Mayor and Clerk to sign an Agreement of Purchase and Sale in a form satisfactory to the Director of Legal Services; and

3) THAT Council authorize the purchase of approximately 0.53 acres of land owned by Hydro One Networks Inc. described as Part of Lots 7 and 8, Concession 3, in the former Township of Kingston, more particularly described in Exhibit C as Part A, at a purchase price based on fair market value determined by appraisal, and authorize the Mayor and Clerk to sign an Agreement of Purchase and Sale in a form satisfactory to the Director of Legal Services

COUNCIL MEETINGO 8 MAR 2 O 'Uf COUNCIL MEETING2 0 SEP 1 9 '06 REPORT TO COUNCIL. Report No.: 06-245

- Page 2 -

Cynthia Beach, P.Eng., Commissioner, Sustainability & Growth Group

Glen Laubenstein, Chief Administrative Officer 2

COUNC~L MEETINGO 8 MAR 20 '07 c~~ l '+ lC1L MEETING2 0 SEP f. 9 '06 APPENDICES TO REPORT #06-245

September 19,2006

--

Page 1

The extension of Bayridge Drive is identified in the City's Transportation Master Plan and in the Development Charges road construction program. The Environmental Assessment Report completed in the Fall of 2005 recommended a 30 metre wide right-of-way (ROW) from Princess Street to Creekford Road. Phase 1 of the extension is the construction of a new two-lane road from Cataraqui Woods Drive to Sierra Avenue. In order to achieve the required 30 metre ROW, the City must acquire a varying 10 to 15 metre widening along the west side of Bayridge Drive from two separate landowners. The City must also acquire a full 30 metre stretch of ROW across the existing Hydro One Corridor lands.

The Development Charges Background Study, created and accepted by the City and the development community in the fall of 2004, outlines the process the City is to follow for land acquisition such as this. Land acquisition within the ROW width required by the Official Plan is primarily achieved through dedications under the Planning Act. Widenings in addition to the requirements of the Official Plan are to be financed by development charges at the then current value to be paid for cash-in-lieu of parkland purposes.

In this instance, the Official Plan for the former Township of Kingston required a 25 metre ROW width. Therefore, the City requires an additional 5 metres beyond the Official Plan requirement to aclueve a 30 metre ROW as specified in the Environmental Assessment. In order to achieve 30 metres, the widenings must be acquired fi-om the vacant lands to the west of the existing Bayridge Drive ROW. All lands to the east are currently developed by way of plan of subdivision, in which the developers dedicated the existing Bayndge Drive ROW.

As noted above, lands in addition to the requirements of the Official Plan are to be financed by development charges at the current value paid for cash-in-lieu of parkland; currently $34,00O/acre. Only land in exccss of the widening specified in the Official Plan will be purchased by the City; land within Rie. specified ROW width will be conveyed to the City for no compensation.

The widenings from the two private landowners are detailed in Exhibits A and B. J.A. Pye (Ontario) Ltd. (Exhibit A) is providing approximately 0.99 acres and JDL Eretz Holdings Corp. (Exhibit B) is providing 0.63 acres.

J.A. Pye (Ontario) Ltd. will be compensated for 0.56 acres at the rate of $34,00O/acre. Eretz Holdings Corp. will be compensated for 0.27 acres at the rate of $34,00O/acre. The remaining 0.36 acres will be conveyed to the City for no compensation as this area is within the specified road widening in the Official Plan. Agreements of Purchase and Sale have been tentatively agreed to by each Owner, pending Council approval.

The land required from Hydro One is detailed in Exhibit C and is approximately 0.53 acres. Staff will approach Hydro One with the intent of purchasing the required 30 metre wide parcel at fair market value, as determined by appraisal.


Council authority is required for the purchase of lands. The City has the authority to acquire these lands under the Development Charges By-law.

CQUNCIL MEETINGO 8 MAR 2.0 '07 COUNCIL MEETING2 0 SEP 1 9 '06 APPENDICES TO REPORT #06-245

September 19,2006

Page 2

NOTICE PROVISIONS:

None.


There are no accessibility considerations at this time.


Capital budget amounts have been approved in the 2006 capital budget for the Phase 1 construction of the Bayridge Drive extension. The land purchases will be funded from the capital budget for Bayridge Drive.

CONTACTS:

Speros Kanellos, Director, Growth and Initiatives Department, 61 3-546-4291, Ext. 3 133 Peter Huigenbos, Manager, Properties and Partnerships, 613-546-4291, Ext. 3 148

DEPARTMENTSIOTHERS CONSULTED AND AFFECTED:

Tony Fleming, Senior Legal Counsel, 546-4291, Ext. 1293 Mark Van Buren, Director, Engineering Department, 613-546-4291, Ext. 321 8

X Commissioner Beach, Sustainability and Growth; X Commissioner Segsworth, Public Works and Emergency Services; U Commissioner iIunt, Finance and Corporate Performance; U Commissionel Thurston, Community Development Services; X Commissioner Leger, Corporate Services; U Jim Keech, President Utilities Kingston

EXHIBITS ATTACHED:

Exhibit A: City Land Acquisition from J.A. Pye (Ontario) Ltd. Exhibit B: City Land Acquisition from JDL Eretz Holdings Corp. Exhibit C: City Land Acquisition from Hydro One Networks Inc.

CoUi'dCli INEETINGO 8 MAR 2 0 '07

Clerk's Department

MEMORANDUM

TO: Cynthia Beach, Commissioner, Sustainability & Growth Group

FROM:

DATE:

Carolyn Downs, City Clerk

SUBJECT: AUTHORITY TO PURCHASE ROAD WIDENINGS FOR THE PHASE 1 EXTENSION OF BAYRIDGE DRIVE

At the regular meeting of Council held on September 19, 2006, the following resolution, being Clause (h), Report 105, was approved:

(hj THAT Council authorize the purchase of approximately 0.99 acres of land owned by J.A. Pye (Ontario) Limited described as Part of Part I on Plan 13R-8305, adjacent to and parallel with Bayridge Drive and more particularly described as Parts A and 5 in Exhibit A, and authorize the Mayor and Clerk to sign an Agreement of Purchase and Sale in a form satisfactory to the Director of Legal Services; and, THAT Council authorize the purchase of approximately 0.63 acres of land owned by JDL Eretz Hoidings Corp described as Part of Parts I and 2 on Plan 13R-2983, adjacent to and parallel with Bayridge Drive and more particularly described as Parts A, 8, C and D in Exhibit 5, and authorize the Mayor and Clerk to sign an Agreement of Purchase and Sale in a form satisfactory to the Director of Legal Services; and, -

THAT Council authorize the purchase of approximately 0.53 acres of land owned by Hydro One Networks Inc. described as Part of Lots 7 and 8, Concession 3, in the former Township of Kingston, more particularly described m Exhibit C as Part A, at a purchase price based on fair market value determined by appraisal, and author~ze the Mayor and Clerk to srgn an Agreement of Purchase and Sale in a form satisfactory to the Director of Legal Services.

CARRIED

I would confirm that the agreements will be circulated through Legal Services for execution by the Mayor and City Clerk.

Yours truly,

'carolv Downs City Clerk

:dkm

Cc S . Kanellos, Director, Growth & Initiatives Department P. Huigenbos, Manager, Properties and Partnerships M. Segsworth, Commissioner,Public Works and Emergency Services D. Leger, Commissioner, Corporate Services H. Linscott, Director of Legal Services

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