CITY OF KINGSTON REPORT TO COUNCIL. Denis Leger, Acting Chief Administrative Officer. Corporate Voice Network

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1 CITY OF KINGSTON REPORT TO COUNCIL I Report No.: I TO: FROM: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Gerard Hunt, Acting Commissioner of Corporate Services J. Royce Connors, Manager of Voice Telecommunications Services DATE OF MEETING: SUBJECT: Corporate Voice Network RECOMMENDATION: THAT the Client Services Division be authorized to sole source, pursuant to Purchasing By-Law , goods and services with Southeastern Telecommunication Services for the ongoing evolution, maintenance, and support of the corporate voice network. ORIGIN/PURPOSE : The corporate voice network is built on Mitel technology and is comprised of a comprehensive suite of applications, desktop devices, and platforms that are fully integrated. These Mitel solutions are the foundation of our scalable enterprise network that offer benefits at both the user and infrastructure level. Southeastern Telecommunication Services has been the City s supplier and provider of maintenance and repair for the corporate voice network since Southeastern Telecommunications Services is the only authorized Mitel re-seller in our region with a local presence in Kingston that offers a team of certified technicians. They have maintained a fair and reasonable price structure for products and services rendered to the Corporation. OPTIONS/DISCUSSION: The proposed recommendation and the attached letter from Mitel Networks Corporation outline the uniqueness of purchases for the corporate voice network. The corporate voice network s evolution must maintain the integrity of the infrastructure which cannot be supplied and maintained by any other vendor but Southeastern. Southeastern s performance over the years has been exceptional, consistently meeting the 99.99% performance level for system availability. Their service technicians are fully-certified in all Mitel products, a requirement set out by Mitel Networks. The Corporation presently holds an annual preventative maintenance agreement with Southeastern and benefits from timely repair services when called upon. Southeastern responds 1

2 COUNClL MEETlNG10 MAR REPORT TO COUNCIL - Page 2 - Report No: to all service calls from the City as high-priority calls. Southeastern s customer service standards are in line with those expected by the Corporation and Mitel Networks. EXISTING POLICY/BY-LAW: By-Law LINK TO STRATEGIC PLAN: Access to Information and Services A long-range technical infrastructure plan FINANCIAL CONSIDERATIONS: There are no budget implications at this time. CONTACTS: Marielle Laplante-Wheeler, Manager of Client Services , Ext J. Royce Connors, Manager of Voice Telecommunications Services , Ext DEPARTMENTWOTHERS CONSULTED AND AFFECTED: Janis Morrison, Purchasing Agent Alan McLeod, Senior Legal Counsel NOTICE PROVISIONS: NIA APPENDICES: Appendix A - Correspondence from Mitel

3 ~ OMITEL Kanata, Ontario March 11,2005 Corporation of the City of Kingston Kingston, ON K7L 223 To Whom It May Concern, MITEL NETWORKS CORPORATION 350 tegget Drive Canada K2K 2W7 Telephone: (61 3) Fax: (613) This letter certifies that Southeastern Tetecommunications Services is an authorized Solution Provider of Mitel telephone systems. Southeastern is the only authorized independent reseller with a head office in Kingston and a fully certified service centre. Solution Providers employ Mitel Networks-certified technicians that install and maintain Mitel Networks systems locally. Within the Mitel Networks family, Southeastern Telecommunications is recognized for its technical expertise and for its emphasis on customer service and satisfaction. Their Kingston presence consists of both sales and 24 hour 7 day a week service and service levels that ensure that system uptimes are maintained at the very highest level. Solution Providers have been selected from among top interconnects nationwide for just those qualities. You can be assured that Southeastern Telecommunications is a Mitel Networks Solution Provider in good standing as of March 9, 2005, adhering to our stringent customer service requirements. Solution Providers are required to be technically certified by Mitel Networks on all products they sell and to regularly attend update training courses to be re-certified on new product developments and software upgrades. Solution Providers represent a superior market development channel for many of Mitel Networks newest products. Mitel Networks stands behind Southeastern Telecommunications and the Mitel Networks Products with a policy of assuring spare parts availability for five (5) years after a manufacturer discontinuance or seven (7) years after purchase, whichever occurs firsts. Each Solution Provider is encouraged to maintain a sufficient spare parts inventory. In an emergency, Mitel Networks will ship replacement parts within twenty-four (24) hours of request from a Solution Provider on an expedited basis. We further support southeastern Telecommunications by making available requested technical assistance and engineering support on a continuous basis. Sincerely, Account Manager Mitel Networks

4 I Report No.: I TO: FROM: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Lance Thurston, Commissioner of Community Services Adele Lafiance, Manager of Administrative Services, Social Services Helga Bellmore, Administration Financial Supervisor, Social Services DATE OF MEETING: SUBJECT: Delegated Approval and Signing Authority RECOMMENDATION: WHEREAS the City of Kingston is required to enter into annual service funding agreements with the Province of Ontario with respect to Ontario Works, Homelessness, Homemaker Services, Childcare, Social Housing and Long-term Care; AND WHEREAS the execution of such agreements and amendments requires Council authorization, THEREFORE BE IT RESOLVED that Council authorize the Mayor and Clerk to sign the provincial service contracts, related service provision agreements and any subsequent amendments to these for the calendar year 2005 and the fiscal year , on behalf of the City of Kingston for these program areas; AND FURTHER that Council delegates the authority to approve these agreements and related amendments, budget schedules and service descriptions to the Comtqissioner of Community Services or his delegates, it being understood that these documents will be in a form satisfactory to the solicitor and consistent with the approved municipal budget; AND FURTHER that Council direct staff to bring forward for Council's consideration, prior to any commitments being made on behalf of the City, any new initiatives that have policy implications, service level adjustments and/or appreciable financial implications for the City related to these service areas. ORIGIN/PURPOSE: The purpose of this report is to: 1. Authorize the Mayor and Clerk to execute service contracts between the City and Province related to the delivery of social assistance, social housing, child care and long-term care; and, 2. Delegate authority to the Commissioner of Community Services or his delegates to approve service agreements with the Province for cost-shared program areas, subject to legal review and budget confirmation. 4

5 COUNCIL MEETING^ 0 MAR 2 2 '05 REPORT TO COUNCIL Delegated Approval and Signing Authority - Page 2 - Report No: OPTIONS/DISCUSSION: Ongoing Service Delivery: Provincial business practices for those cost-shared programs within social services, housing and long-term care require the City to enter into yearly service contracts with the Province. Likewise, some components of these provincial programs may require execution of yearly contracts with local service providers including program descriptions and budget schedules (e.g. childcare centres). In addition to these regular service delivery agreements, additional agreements (with both the Province and service providers) may also be required over the course of the year. Many of these agreements are purely administrative in nature and ensure the continuous delivery of the provincial cost-shared social and health care programs whether directly by City divisions or through purchase of service agreements with service providers. Staff is seeking pre-authorization from Council again this year in an effort to ensure a streamlined administration related to these programs. In the absence of such delegated authority, staff would be obligated to bring all cost-shared agreements and amendments, as well as service contracts with providers and related amendments to Council for authorization. This is not considered necessary for the purely routine administrative matters covered by this practice. We have undertaken this delegation of authority for the last three or four years; from staffs perspective it has been a worthwhile practice. Where any new municipal or provincial initiatives may involve new policy considerations, new program delivery or significant financial implications for the City, staff ensures that Council is apprised in advance and is in a position to provide direction to staff before any commitments are made on behalf of the City. This practice has worked well over the past several years from the staff perspective. EXISTING POLICY/BY-LAW By-law No. 98-1, required the Mayor and Clerk to sign all agreements binding the Corporation. LINK TO STRATEGIC PLAN: NIA FINANCIAL CONSIDERATIONS: N.A. CONTACTS: Adele Lafrance, Manager of Administrative Services, Ext Tanie Steacy, Manager of Administrative Services, Ext Greg Grange, Manager of Housing, , ext Linda Peever, Manager of Long-term Care, , ext DEPARTMENTS/DIVISIONS/OTHERS CONSULTED AND AFFECTED: Carolyn Downs, Manager, Council Support Division, City Hall Alan McLeod, Senior Legal Council, Legal Services Division, City Hall Greg Grange, Manager, Housing Division Lawrence Cleary, Finance Supervisor, Housing Division Gerard Hunt, Acting Commissioner of Corporate Services 5

6 coufalcil MEETING^ 0 MAR 2 2 '05 REPORT TO COUNCIL Delegated Approval and Signing Authority - Page 3 - Report No: NOTICE PROVISIONS: NIA APPENDICES: NIA Lance Thurston Commissioner Community Services -M Acting Chief Administrative Officer t

7 I ReDort No I TO: FROM: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Gerard Hunt, Acting Commissioner, Corporate Services Jim de Hoop, Director, Information Systems Division Shawn Croisier, GIS Administrator, Information Systems Division DATE OF MEETING: SUBJECT: RFP No. CORP-IS Enterprise GIS Solution for the City of Kingston RECOMMENDATION: Based on the evaluation of proposals received for RFP No. COW-IS , it is recommended that the City of Kingston enter into an agreement in a form satisfactory to the City Solicitor with Orion Technology Incorporated, for Consulting Services - it being the firm receiving the highest overall evaluation score among two (2) proposals received. ORIGIN/PURPO S E : The services of a specialized GIS Consultant is required to provide The City of Kingston a GIS computer database architecture (GeoDatabase) that will facilitate direct access to spatial and spatially-referenced data and sharing of data between City Divisions. The GeoDatabase is a repository that consolidates existing storages of data into one central location. The enterprise approach to GIS will provide a framework from which all City departments can collect data, share information, collaborate, and conduct cross-departmental analysis in order to become more efficient and informed about community issues such as population, resources, infrastructure, and other activities that have an impact on them. The goal of this project is to implement interoperable technologies, standards, methods and practices so that GIS data and services can be used more efficiently and effectively. The GeoDatabase project is directly linked to the City s GeoSmart project entitled Kingston GIS - Putting our Spatial Data to Work and to the recently delivered Corporate Project - GIS Implementation Plan. The GeoDatabase project within the GeoSmart fimding application is identified in the GIS Implementation Plan as setting the foundation fiom which the creation of an enterprise GIS program can be developed. Specifically, the GIS Implementation Plan provided direction for the development, implementation, and hture maintenance of an enterprise GIs.

8 COUNCIL MEETJNGI 0 MAR REPORT TO CITY COUNCIL - Page 2 - Report No: Briefly, the main consultant findings as identified the GIS Implementation Plan are as follows: Although the majority of the divisions require spatial data from other divisions to support their daily business needs (e.g. 13 different divisions require current and accurate infrastructure data), many groups duplicate one another s efforts by updating their own versions of a similar data set and maps, or provide various versions of data to each other on an ad hoc basis. Inconsistent data quality and currency still exists because of workload issues and varying standards for spatial data. The broad strategic direction for a GIS program is that it should be enterprise focused and be designed to integrate into the varied service delivery requirements of all divisions across the City. In order to ensure that GIS technology is an integral part of Kingston s service mandate, and to facilitate the movement away from or prevention of isolated, stove pipe GIS initiatives, the City will be adopting a more collaborative approach to GIS practice. The GeoDatabase data storage architecture is recommended as an effective way to foster an enterprise approach for managing GIS-based information and spatial data, defining and sharing data, and identifying and deploying common city-wide GIS applications. A complete RFP document was prepared with the input of the GIS Sub-committee of the Information Systems Steering Committee. OPTIONS/DISCUSSION: A team of five staff evaluated the written responses and scored them based on criteria set out in the RFP. A summary of the ranking for the proposals received is shown below. I 2. Solutions Approach (41%) 3. Product and Consultative Services Cost (25%) 4. Ontarians with Disabilities Act (3%) 5. Compliance with RFP Format (3%) I

9 COUNCIL MEETING1 0 MAR 2 2 '05 REPORT TO CITY COUNCIL Report No: Page 3 - When evaluating based on the functionality requirements, Orion and EMA Canada were both able to satisfy the requirements as indicated in the RFP. When comparing based upon price, Orion provided the lower cost option. The proposed costs from the two vendors are listed below: I GIS System Consulting & Services $359,950 $36,380 I I I Total Cost I I $605,143 I $182,242 * I * A lower cost of $130,960 has been negotiated with the vendor based on omitting certain portions of the proposed solution which will be performed by internal staff. Based on the above evaluation of the proposals received, it is recommended that Orion Technology Incorporated be awarded the FWP. EXISTING POLICY/BY-LAW: Existing policy in By-laws No ; indicates that City Council approval is required where an advertised Request for Proposal does not have three respondents. This report recommends the firm that received the highest evaluation score based on a combination of factors, including price and services. LINK TO THE STRATEGIC PLAN: NIA FINANCIAL CONSIDERATIONS: The capital cost associated with this system is $130,960 (before taxes). Orion Technology meets the technical and financial requirements of the system. Capital funds have been set aside in the 2005 capital budget under the Information Systems Division. CONTACTS: Jim de Hoop, Director Information Systems Division Shawn Croisier, GIS Administrator , Ext , Ext DEPARTMENTSIOTHERS CONSULTED AND AFFECTED: Janis Morrison, Purchasing Agent, Finance Division Members of the GIS Sub-committee Members of the Information Systems Steering Committee c

10 COUNCIL MEET~NG~ 0 MAR REPORT TO CITY COUNCIL - Page 4 - Report No: NOTICE PROVISIONS: NIA APPENDICES: NIA &rard Hunt Acting Commissioner of Corporate Services I Acting Chief Administrative Officer.

11 cou CITY OF KINGSTON REPORT TO COUNCIL I Report No.: I TO: FROM: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Lance Thurston, Commissioner of Community Services Adele Lafiance, Manager of Administrative Services, Social Services DATE OF MEETING: SUBJECT: Signing Authority for Social Services Technical Partnerships RECOMMENDATION: WHEREAS the Social Services Information Technology staff have developed technical partnerships with neighbouring Consolidated Municipal Service Managers and agencies within the community with similar technology requirements both as an internal efficiency providing revenue to the City and as a good will gesture sharing skills and resources with partner agencies and WHEREAS the execution of related agreements and amendments requires Council authorization, THEREFORE BE IT RESOLVED that Council authorize the Mayor and Clerk to sign technical partnership agreements detailing the basis of these services for the remainder of Council s term (2005 and 2006) on behalf of the City of Kingston, it being understood that these agreements will be in a form satisfactory to a Senior Legal Counsel of the City; ORIGIN/PURPOSE : The purpose of this report is to gain Council approval for the Mayor and Clerk to execute service agreements on behalf of the City, with neighbouring municipalities and community agencies for the provision of technical partnership services provided by Social Services Information Technology Staff. OPTIONS/DISCUSSION: Information Report of December 14,2004, provided details of the Social Services Technology Services Partnerships initiative. This undertaking by Social Services IT staff, provides technical support services to neighbouring CMSMs for recently downloaded technical responsibilities as well as to other human service agencies whose technical service requirements are similar to Social Services. This undertaking is beneficial to all parties as the partnerships yield efficiencies in cost, management time andor equipment. Current partners include the CMSM for Prince Edward and Lennox & Addington County, the CMSM for Lanark County and the South East Region ODSP office for its Sharbot Lake office connectivity. A sample service agreement template is attached as Appendix A. As with all contractual undertakings, the actual contracts are developed in consultation with Legal Services and reviewed by a Senior Legal Council prior to being sent for execution.

12 COUNCIL MEETING1 0 MAR 2 2 '05 REPORT TO COUNCIL Signing Authority for Social Services Technical Partnership Agreements - Page 2 - Report No: Undertaking these partnerships does not take staffs attention away from the needs of our office; it is factored into the overall work program. In fact, the work serves to complement our efforts, hones our skills and knowledge set, as well as developing valuable working relationships and information sharing opportunities with other agencies and groups, which further enhances our service knowledge. EXISTING POLICYBY-LAW: 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. LINK TO STRATEGIC PLAN: N/A FINANCIAL CONSIDERATIONS: The forecasted revenue associated with these technical partnerships, as reflected in the approved 2005 Social Services operating budget is approximately $ $35,365. CONTACTS: Adele Lafiance, Manager of Administrative Services, Ext Steve Hockley, Technical Services Supervisor, Ext 4809 DEPARTMENTS/DIVISIONS/OTHERS CONSULTED AND AFFECTED: Carolyn Downs, Manager, Council Support Division, City Hall Alan McLeod, Senior Legal Council, Legal Services Division, City Hall Gerard Hunt, Acting Commissioner of Corporate Services NOTICE PROVISIONS: N/A APPENDICES: Appendix A: Technical Services Agreement Template Lance Thurston Commissioner Communitv Services Ienis-ger I Acting Chief Administrative Officer 12

13 COUNCIL MEETING1 0 MAR 2 2 '05 Appendix A: Technical Services Agreement Template This Agreement made this day of, 2005 Between The Corporation of the City of Kingston And [Name of specific to be included here] (hereinafter "the City") (hereinafter "the Client") Service Level Agreement WHEREAS the City has provided and is committed to maintain the supply of I.T. technical support to the Client. AND WHEREAS the parties wish to define the terms and conditions of the supply of I.T. technical support in a more formal agreement THEREFORE the parties agree to terms and conditions as follows: 1 The City agrees that every reasonable effort will be made to respond to the Client on a timely basis recognizing the business reliance upon the technology. The Client acknowledges that the services are to be provided through the Kingston Social Services IT of the City and that Social Services IT staff have as their primary responsibility support of the Social Services offices of the City of Kingston. In the event of competing equal priorities, the needs of the City of Kingston will take precedence. 2. IT support will include, but will not be limited to, technical assistance with infrastructure systems. This relationship between the City and the Client will be similar to the level of assistance formerly provided by the Province of Ontario Helpdesk and the local IT staff. With the assistance of the City, the Client will endeavour to develop enhanced support processes within the scope of LSS staffing, including the establishment of routine tasks related to the maintenance of IT systems. 3. The Client will approve, order, and purchase all technology related initiatives, software, and hardware in conjunction with recommendations from the City in relation to these areas. The Client shall be solely responsible for any procurement expenditures incurred as a result of decisions arising from this Agreement. 4. The Client acknowledges that the City incurs costs related to the provision of service to the Client. The Client shall be charged for these costs as follows: * 2004 negotiated rates i. ii. iii. iv. v. vi for all at an hourly rate of $46.75 per hour during the business hours of the City. Travel expenses incurred traveling to partner sites will be billable at $0.41 per km. Work performed outside of regular hours (8: ) will be billable at 1.5 x the billable rate. If work is required outside regular business hours the hourly rate charged will be $ per hour. $ per month for remote administration and monitoring $9 per month for each VPN tunnel established All rates, charges and terms herein may be amended by the City with 30 days written notice to the Client. No amendment to the Agreement otherwise shall be binding unless it is incorporated into the Agreement by written amendment executed by the authorized representatives of the City and of the Consultant. 5. The City will invoice the Client on a day schedule. The invoice will detail billing duration dates, date of service, specific reference for work completed, and time spent per response incident or project reference. Should any concerns over the invoice arise, the City and the Client agree to meet and assess the reasonableness of the content. Should additional attention be required, administrators from each office will be requested to meet to resolve the dispute. If no resolution is achieved, the Client will be required to pay the invoice as originally provided by the City. I t

14 COUkUClL The City agrees to provide a high level of professional service and will exercise all due diligence and follow prescribed standards and protocols. All risk associated with the loss of or damage to any information obtained, prepared or provided by the City shall remain with the Client. The Client waives any and all claims it may have now or at any time in relation to the services provided under this agreement and shall indemnify the City for any claims brought against the City in relation to the services. The Client shall maintain insurance coverage satisfactory to the City naming the City as an additional insured which shall be confirmed on documentation to the satisfaction of the City. City staff at Client locations shall be covered under the WSlB policy of the City while providing services under this Agreement and within the scope of their employment with the City. The City will respond to the partner sites for support services described when authorized by designated staff at Client sites. The Client shall contact the City for unscheduled or ad-hoc support requests as follows: Contact: Steve Hockley by calling tele: (613) x 4809 cell: (613) shocklev@citvofkinaston.ca. The Client agrees to not contact the City for support service requests through any other medium Either party may terminate this agreement with 15 days written notice. The Agreement constitutes the entire and sole Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, communications and other agreements, whether written or oral, relating to it, unless they are incorporated by reference in the Agreement. There are no terms, covenants, representations, statements or conditions binding on the parties other than those contained in the Agreement. No assignment of the Agreement shall relieve the Consultant from any obligation under the Agreement or impose any liability upon the City, unless otherwise agreed to in writing by The City. This Agreement shall be construed and governed in accordance with the laws of the Province of Ontario and the Federal Government of Canada. This Agreement is subject to the provisions of all applicable law, including the Municipal Freedom of Information and Privacy Act, RSO 1990, c. M54 and other applicable privacy legislation. This Agreement shall be binding upon and enure to the benefit of the parties and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as duly attested to by the hands of their proper signing officers authorized in that behalf. SIGNED, SEALED AND DELIVERED in the presence of ) THE CORPORATION OF THE CITY OF KINGSTON ) Per: l/we Have the Authority to Bind the Corporation 1 ) THECLIENT: ) Per: ) Name: ) Position: 1

15 I Report No.: I TO: FROM: SUBMITTED BY: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Mark Segsworth, Commissioner Operations Barclay Mayhew, Manager, Properties Division Lorraine Thibadeau, Properties Division DATE OF MEETING: March 22,2005 SUBJECT: Ronald and Kathryn Olfield - Request to Purchase - Road Allowance James Street, Barriefield RECOMMENDATION TO COUNCIL: That Council approve the sale of the Municipal Property to Ronald and Kathryn Olfield for $ plus costs, and further; That the City s Director of Legal Services be directed to prepare the necessary documentation to complete the transaction, and further; That the Mayor and Clerk be authorized and directed to sign the necessary agreements to give effect thereto. ORIGIN/PURPOSE : The property known as 236 James Street was purchased by Ronald and Kathryn Olfield on March 26,2004. It has since come to Mr. and Mrs. Olfield s attention that the Municipal Property was not included in their purchase of 236 James Street, although from a visual perspective it appears to be part of 236 James Street, with the driveway and retaining wall located on it. At its February 15,2004 meeting the Municipal Property was declared surplus and Council directed the City Clerk to give notice of Council s intention to sell the Municipal Property. Notice was published, and no objections were filed.

16 Report No: Page 2 - OPTIONS/DISCUSSION: As noted in the Report to Council (No ) of February 15,2005, the former owner, Charles Lilly, was given the opportunity to purchase the Municipal Property in 1992 for a purchase price of $537.09, but no transaction was ever completed. In setting a fair price for the sale to Ronald and Kathryn Olfield, the original sale price of $ was translated into current dollar value, assuming a 3% compound interest rate. EXISTING POLICY/BY-LAW: N/A LINK TO STRATEGIC PLAN: NIA FINANCIAL CONSIDERATIONS: The City will recover fiom the purchasers all costs incurred and, in addition, will receive the purchase price of $ CONTACTS: Barclay Mayhew, Manager, Properties Division Lorraine Thibadeau, Properties Division , Ext , Ext DEPARTMENTS/OTHERS CONSULTED AND AFFECTED: Hal Linscott, Director, Legal Services Gerard Hunt, Manager, Finance , Ext , ext NOTICE PROVISIONS: NIA APPENDICES: NIA

17 COUNCIL MEETING^ 0 MAR 2 2 '0115 REPORT TO COUNCIL Report No: Page 3 - Commissioner of Operations

18 REPORT TO MAYOR AND CITY COUNCIL UTI LlTIES KINGSTON ONTARIO LIMITED I B utilities kingston -- water sewer gas electricity networks all your utlllty servlcas under one roof Subject: Date of Meeting: To: From: Prepared By: Water and Sewer Annual Compliance Reports March 22, 2005 D. Leger, Acting Chief Administrative Officer, City of Kingston J. Keech, President & C.E.O., Utilities Kingston J. Keech, President & C.E.O., Utilities Kingston Recommendation It is recommended that Council endorse the following: WHEREAS the provision of high quality safe drinking water is a priority of the City Kingston; and WHEREAS the requirements of the Safe Drinking Water Act, 2002, requires Council be informed of the matters regarding the operation of the water system; of to NOW THEREFOR BE IT RESOLVED THAT; Council receive the Annual Compliance Reports for: The Kingston Central Wa,er Treatment Plant, The Kingston West Water Treatment Plant and the Cana Well Water Supply System as required by the terms and conditions outlined in the Certificate of Approvals for the above mentioned Treatment Facilities. Purpose The purpose of this report is to provide Council with Annual Compliance Reports for each of the Water Treatment Facilities owned by the City of Kingston and operated by Utilities Kingston. As you may recall from a similar Council report submitted last year, the presentation of these Annual Compliance Reports to Council are required under the current Certificate of Approval for each facility. The Annual Compliance Reports are intended to be a statement as to the compliance with all the terms and conditions of the Certificates of Approval, and gives a detailed description of the measures taken to ensure compliance with the Certificates of Approval. These Annual Compliance Reports are contained in Appendices A, B and C. 18

19 CcxjNcib MEETING] 0 M4.R 3_? '05 Report to Mayor and City Council Ontario Limited Page 2 Report In addition, this report includes in Appendix D and E, portions of the Annual Reports for wastewater treatment plants owned by the City of Kingston and operated by Utilities Kingston. These reports are not mandated to be presented to Council as are the reports for the water treatment facilities and are for information only. Contained within the Annual Compliance Report is a section under the heading Compliance with the terms and conditions of the COA. This section summarizes the activities of the operators of the water systems as they relate to water quality parameters outlined within the drinking water regulations. The Annual Compliance Reports also summarize specific instances of non-compliance and adverse water quality during the 2004 reporting period which are summarized below. Kinaston Central Water Treatment Plant For the Kingston Central Water Treatment Plant, there were two non-compliance events which occurred. The first event was on Feb 23, 2004 which resulted in the free chlorine residual dropping below the required concentration of 1.4 mg/l at a water temperature of c5degrees C. The chlorine residual dropped to 1.07 mg/l for 66 minutes. There was no adverse affect on the safety of the drinking water to City residents. The second event occurred on June 14, 2004 at which time the chlorine residual dropped below the required 1.I mg/l at a water temperature of 5-10 degrees C. A chlorine residual of 0.98 mg/l was present for 27 minutes and returned to a level above 1.1 mg/l. There was no adverse affect on the safety of the drinking water to City residents. These events were caused by repairs being performed on chemical feed equipment. Details are presented on page 1 of the report contained in Appendix (A). There was one (1) notification of adverse water quality for this facility during the 2004 reporting period. This notification was made to the Spills Action Center and the Ministry of Health. Re-sampling and testing was carried out at the original location and downstream of that location. The results indicated no adverse results. Details can be found on pages 3 and 4 of the report contained in Appendix (A). These were a result of sampling or laboratory errors. Kinaston West Water Treatment Plant For the Kingston West Water Treatment Plant, there were no non-compliance issues during the 2004 reporting period. Details can be found on page 1 of the report contained in Appendix (B). There were four (4) notifications of adverse water quality reported to the Spills Action Center and the Ministry of Health.. 1

20 CQUMCIL MEETjNGl 0 v4r? 3 05 Report to Mayor and City Council Ontario Limited Page 3 The first event was on May 18, This event resulted from a grab sample indicating that treated water turbidity (a measure of water clarity) had exceeded 1.0 NTU. The exceedance was cause by hydraulic testing within the plant. This exceedance lasted two hours 48 minutes with a maximum turbidity reaching NTU. Treated water samples were taken and sent to the laboratory for bacteriological testing. There were no adverse results. The second notification was reported by our testing laboratory on June 15, 2004 with positive results for total coliforms from a sample. Re-sampling was carried out and the laboratory reported no adverse results. The third event was caused by a low chlorine residual detected on Sept 18, 2004 in the distribution system. The water main feeding the affected area was flushed and water samples taken. After flushing the chlorine levels returned to normal levels. The fourth event occurred on Dec 15, 2004 when an adverse test result was reported by our testing laboratory indicated the presence of total coliforms. Re-sampling was carried out and the results indicated no bacteria present. The details for the above mentioned events can be found on pages 3 and 4 in the report contained in Appendix (6). There were no adverse affects on the safety of the drinking water to City residents. Three (3) were a result of sampling or laboratory errors. Cana Well Svstem For the Cana Well System there were no issues of non-compliance for the 2004 reporting period. There were no incidents which required notification during the reporting period. Details are outlined on pages 2 and 3 of the report contained in Appendix (C). Sewaae Treatment Facilities Annual Reoort We have also included for Council s information, portions of the Annual Reports for Kingston West Water Pollution Control Plant, and Ravensview Pollution Control Plant located in Appendix D and E respectively. These reports are not provided under the same requirements as those for the Water Treatment Facilities and are for information only. Copies of the complete reports are available at Council s request. River Street PumDina Station In addition we have included the 2004 annual by-pass summary for River Street Pumping Station (Appendix F). This pumping station pumps wastewater under the Cataraqui River for treatment at the Ravensview Facility. 2

21 Ontario Limited Contacts. Kevin Riley, Manager Treatment Group , ext Jim Keech, President and CEO , ext Appendices Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Kingston Central Water Treatment Plant - Annual Compliance Report Kingston West Water Treatment Plant - Annual Compliance Report Cana Well System - Annual Compliance Report Kingston West Wastewater Plant - Annual Report Ravensview Water Pollution Control Plant - Annual Report River Street Pumping Station - Annual Flow and By-Pass Summary 2

22 I Report No.: I TO: FROM: SUBMITTED BY: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Mark Segsworth, Commissioner Operations Barclay Mayhew, Manager, Properties Division Lorraine Thibadeau, Properties Division DATE OF MEETING: March 22,2005 SUBJECT: Request for Road Closure - Part Lots 22 and 23, Concession 2, City of Kingston (Former Township of Pittsburgh) - Sandra Begbie RECOMMENDATION TO COUNCIL: That Council declare surplus to Municipal need that portion of the road allowance between Concession 2 and 3, with approximately meters of frontage on Middle Road and approximately meters of frontage on Highway 2., and that; Council authorize and direct the City Clerk, in accordance with the Municipal Act 2001, c. 25, s. 34(1), and in accordance with the City of Kingston Notice By-law , to give notice of Council s intention to stop up and close the above-described road allowance, being the area diagonally striped on Appendix C attached hereto, and that; Staff be authorized and directed to take the necessary actions to give effect thereto. ORIGINIPURPOSE : The applicant, Sandra Begbie, has requested closure of the road allowance as part of an overall plan to complete a lot addition to the property known as Part 2, Plan 13R-1275 for the purpose of a single unit residential development. In order for final approval of the lot addition to be given, approval for the closure of the road allowance must be confirmed and the applicant must have a deed for the road allowance property. OPTIONSIDISCUSSION: NIA EXISTING POLICYIBY-LAW: The Municipal Act, 2001, c. 25, s. 34( 1) requires that before passing a by-law to permanently close a highway, a municipality shall give public notice of its intention to pass the by-law. LINK TO STRATEGIC PLAN: NIA

23 - Page 2 - Report No: FINANCIAL CONSIDERATIONS: The applicant is responsible for all costs, including legal and survey fees. CONTACTS: Barclay Mayhew, Manager, Properties Division , Ext Lorraine Thibadeau, Properties Division , Ext DEPARTMENTUOTHERS CONSULTED AND AFFECTED: Steve Chew, Senior Planner Hal Linscott, Director Legal Services , Ext , Ext NOTICE PROVISIONS: City of Kingston Notice By-law APPENDICES: Appendix A - Committee of Adjustment Rural Panel Agenda for March 9,2005 Appendix B - Report to Committee of Adjustment dated February 18,2005 Appendix C - Copy of Reference Plan Appendix D - Sketch Appendix E - Sketch Appendix F - Key Map Mark Segsworth, Coessioner Operations Acting Chief Administrative Officer

24 There will be B meeting ofthe Committee of Adjustment on Wednesday, March 09, 2005 at 500 ~. m in the Board Room, 1425 hlidland Avenue Please call in regrets to the Secretary-Treasurer at , ext no later than two ireelis prlor to the hearing in order to confirm quorum for applications. I. bieetinc TO ORDER 2. DECL.4R4TIONS OF PECUNIARY INTEREST 3. REOUESTS FOR DEFERK4L The agent for Nina Mohan has requested that this item be deferred to the May 1 I, 2005 agcnda to provide time for the Health Un:t to complete their inspection 4. DEFERRED ITEMS There are no deferred items for this agenda. 5. LINFINISHED BUSINESS There are na items of unfinished business for this agenda 5. NE\Y ITERIS 1. APPLICATION FOR CONSENTS TO CREATE NEW LOTS D AND Dl NINA hlohan ISLE OF RlAN RO.4D Consent.4oalicatioi ~ This is an addlicatioii for consent to sever an amrc~ximatelv 2.SS hectare, vacant oarcel of land with aawoximatelv ,03 merres of frontage ;n Isle of Man Road for the purpo&ofsingle ;nit residential development. The above parcel of land is to be severed from an approximately 27.4 hectare parcel of vacant land iii total, with approxiinately 5S7.44 metres of frontage on Isle ofhlan Road. The retained parcel of land minus the severed portion is proposed to be an approximately hectare parcel of vacant land with approximately 3Y6.11 metres of frontage on Isle ofman Road that is proposed to remain in its present use for residential piirposes. Consent AoDlicarion D ?005 (This aaolications severs the severed Darcel in ADdication Dl \ This is an application for consent to sever an approximately 1.68 hectare, vacant parcel of land with approximately inekes of frontage on Isle 03 Man Road for the purpose of single unit residential development. Tlie above parcel of lsnd is to be severed from an approximately 2.8s hectare parcel of vacant land iii total, air11 approxima;ely metres of frontage on Isle of Man Road. lie retained parcel of land minus the severed portion is proposed to be an approximately 1.2 hectare parcel of vacant land with approximately 1 I?. 15 merres offiontape on Isle of' Man Road that is proposed to remain in its present use for residential purposes. _. 7 APPLKATIOX FOR COVSENT TO A LOT ADDITIOV ~13-on7-xo5. s WDK~ DECBIE, HIGH\\'AY 2 AT JIIDDLE ROAD?...hi: is an ap?liaoii for cansent to so'er an apdro.ximxelv 2.61 hectue DXCd of vacant land D!U3 B D ~ ofthe K Fomrr r031 allowance detween Concessions 7 8: 3 with apirox.iniatel;304.8 metres of frontage on Middle'Road kd approximately metres of frontage on Highway 2 to he added as a lot addition to lands to the north being Part 2 of Plan I3R1275 for the purpose of single unir residential development. The above parcel of land is to be severed froin an approximately 8 hectare parcel of vacant land in total. with approximately metres offiontage on Middle Road and approximately 396 metres of frontage on Highway 2. The retained parcel of land niinus the severed poition is proposed to be an approximately 5.4 hectare parcel ofvacant land with spproximately I SS metres of frontage on Middle Roed and approximately 252 metres of frontage on Highway 2 that is proposed to remain in its present use for residential purposes. 3. APPLICATIONS FOR CONSENTS TO CREATE NEW LOTS D AND D ?005. hlr. & MRS. JOHN R. SMITH HlGHWAY 2 EAST p t ~ ~~ ~~~?his is an application for consent to sever an approximately 5 acre or 2.02 hectare, vacant parcel of land with approximately 100 metres of fiontage on Middle Road for the purpose of single unir residential development. The above parcel of land is to be severed from an approximately 32 acre or 17 hectare parcel of land in total, with approximately 230 nietre of frontage on Middle Road and approximately 263 metres of frontage on Highway 2 East and containing an existing single unir two storey, 300 square metre house and one, one storey, 229 square metre, garagdworkshop. D Consent to create a new lot This is an application for consent to sever an approximately 8 acre or 3.24 hectare, parcel of land with approximately nirbes offronta,oe on Highway 2 East, containing an existinp, single unit nvo storey, 300 square metre housa and one. one storey, 229 square metre, garagdworkihop for the purpose of single unir residential development. The above parcel of land is to be severed from an approximately 42 acre or 17 hectare parcel of land in total, with approximately 230 metre of frontage on Middle Road and approximately 253 metres offrontage on Highway 2 East and containing on existing single unit nvo storey, 300 square metre house and me, one storey, 229 square metre, garage/workshop. The retained parcel of land, ifboth consents are ganted, is proposed to be an approximately I 1.7 hectare parcel ofvacant land with approximately 130 merres of frontage on Middle Road and 172 metres of frontage on Highway 2 Eat that is proposed to remain in Its present use. 7. OTHER BUSINESS 8. CONFIRRIATION OF MINUTES September S October 13, , ADJOURNMENT

25 Planning and Development Services - Plannln: Division 1 REPORT TO COMMITTEE OF ADJUSTMENT TO: Chairman, Members and Secretary Treasurer, Committee of Adjustment FROM: Steven Chew, Senior Planner DATE: February 18,2005 SUBJECT: --- Consent - Lot Addition Applicant: Sandra Begbie 2751 & 2829 Middle Road Part of Part 1, Par& 4, Plan 13R-1275 Size: m (frontage) x m (depth) Kingston East Application: D RECOMMENDATION It is recommended that Application D for Consent to for a lot boundary adjustment be approved with the following conditions applied: 1. Deadline That all conditions are satisfied and the deed is presented to the Secretary-Treasurer for certification under Section 53(41) and (42) of the Planning Act, R.S.O as mended, within one year of the giving of this notice; and further, that the Certificate of Consent be registered within one year of the stamping of the deeds as required in Section 53(43) of the Planning Act, R.S.O. 1990, as amended. 2. Reference Plan That four (4) paper prints of a R.eference Plan illustrating the severed lands be prepared and presented at the time of certification. In addition, the Reference Plan is to be provided in an AutoCAD Windows readable format on either a three and one-half inch (3% ) diskette or compact disc (CD); and that the description of the parcel being severed and the names of the transferor and transferee are included on the schedule attached to the deed of land. 3. Payment of Taxes That the owner shall pay to the Treasurer or Manager of Taxation and Revenue, at 11 1 Counter St., Kingston, Ontario, any outstanding realty taxes and all local improvement charges levied against the property whether payable now or in future years, prior to the stamping of the deed by the Secretary-Treasurer. The applicant shall provide proof of payment from the Treasurer or Manager of Taxation and Revenue, that may be simply a fax or clearing the condition, to the Secretary-Treasurer prior to the stamping of the deeds. The owner is advised that he/she must provide to the Treasurer or Manager of Taxation and Revenue the Committee of Adjustment Application Number and Property Assessment Roll Number. The contact telephone number for taxation inquiries is extension Lot Addition That the lands herein conveyed shall be consolidated with the adjacent lands owned by the applicant and identified as Part of Lot 23, Concession 3 and are further described as Parts 2 and 3, of Reference Plan 13R-1275 and any subsequent conveyance or transaction of the said lands shall be subject to the part lot control provisions of Subsection (3) or (5) of Section 50 of the Planning Act, R.S.O as amended. Failure to consolidate the subject lands shall render this consent null and void. This condition shall be recited in the deed for the severed parcel. 5. Closure of Road Allowance That prior to the stamping of the deeds the applicant shall provided to the Secretary-Treasurer a copy of the deed that coveys the road allowance to the applicant and a letter from a lawyer stating that the lands have merged and cannot be conveyed separately. The applicant shall provide a certified cheque or proof of payment to the Secretary-Treasurer, Committee of Adjustment prior to the stamping of the deeds if cash is required. 6. Road Widening That in order to widen Middle Road to 30.5 metres (100 feet) and Highway No. 2 to 36.5 metres (120 feet) from the centre line ofthe road allowance, the applicant shall convey to the City of Kingston a strip of land of sufficient width along the severed parcel to effect such widening and the applicant shall also illustrate such widening as a separate part on a reference plan (unless these have already been done) and, after registration of said deed at the expense of the applicant, 25

26 Re: DIO and prior to stamping of the deed for the severance herein, the solicitor for the applicant shall certifi that the title of the municipality to the said strip is free and clear of all encumbrances of every nature and kind and that the municipality has a good and marketable title. The applicant shall provide a copy of the registered deed for the road allowance and the certificate from the solicitor to the Secretary-Treasurer, Comttee of Adjustment prior to the stamping of the deeds for the lot conveyance. 7. Water Agreement That the omer enter into an agreement with the City of Kingston, satisfactory to the City Solicitor, arid to be registered on title of both the lot to be severed and the lot to be retained, wherein the owner acknowledges arid agrees with the City as follows: a) b) C) The severed lands and the retained lands are located outside the limits of the municipal water area and are not serviced by the City s water treatment plant; The owner shall be solely responsible for ensuring at all times and by all means that there is an adequate supply of potable water for the owners intended use of the severed lands and retained land; and, Despite the Committee of Adjustment approval to sever the severed lands, or that the CiTy has apprbved zoning far either or both of the severed lands and retained lands that would permit construction of a building thereon, or that the City has or may at any time in the future issue a building permit or approve a site plan for either or both the severed lands and retained lands, tht City will have no obligation to extend the municipal water area or provide municipal water services to or for the benefit of either the severed lands and retained 1ands.N costs incurred by the City in connection with the preparation, execution and registration of this agreement shall be paid by the owner. The applicant shall provide a copy of the executed registered agreement to the Secretary-Treasurer, Committee of Adjustment, prior to the stamping of the deeds. 8. Potable Water That the owner provide to the City, evidence of a sufficient and potable water supply on the lands to be severed, including the merged lands, for approval of the Enginee~g Unit prior to the stamping of the deed by the Secretary-Treasurer. Such information shall demonstrate to the satisfaction of the City that any draw down of water levels in wells on adjoining lands, caused by the use of tie wells on the subject lands is within acceptable limits. The applicant shall provide an original copy of the laboratory results to the Secretary-Treasurer, Committee of Adjustment for approval of the Engineeringunit ( ext. 3213) prior to the stamping of the deeds. 9. No Further Lots Will Be Permitted That the owner be advised that no further lots will be permitted on the subject lands without a plan of subdivision and supporting studies. 10. Septic System That prior to the stamping of the deeds that the owner will provide written confirrnation that the Health Unit has inspected the site and does not have any outstanding issues. PROPOSAL: This is an application for consent to sever an approximately 2.61 hectare parcel of land. This severed land is vacant and has fiontage on to Middle Road and Highway No. 2. The severed land is to be merged with an existing parcel of land identified as Parts 2 and 3 of Reference Plan 1275 and pai-t of the Unopened Road Allowance between Concession 2 and 3. At this time the severed land is separated from the Parts 2 and 3 of Reference Plan 1275 by the Road Allowance that is still owned by the City. However, the Applicant has applied to acquire it. The final lot would be approximately 3.8 ha in area with 366 metres of frontage on Middle Road and 144 metres of frontage onto Highway No. 2. The retained lot would be approximately 5.4 hectares of vacant land with approximately 1% metres of frontage on Middle Road and approximately 252 metres of frontage on Highway 2. A new house is proposed. The original land parcel is approximately 8 hectares in area with approximately metres of fi-ontage on Middle Road and approximately 396 metres of frontage on Hightvay2. The purposed of this application is to assemble a Iarger parcel of land in order to allow for the construction of a new single detached house. Currently it is extremely difficult to build a house. 26

27 on Parts 2 and 3 of Reference Plan 1275 due to the surface bedrock. It is intended that the new lot can be built upon. LOCATION: The subject lands are located in a rural area. To the north are 3 farm sized properties and two barns. To the south is a commercial property containing a hotel building that is no longer operating. The lands are rolling and contain outcrops of bedrock. This has forced the paths of Middle Road and Highway No. 2. Both these roads are Arterial Roads. EXISTING POLICY: Official Plan Designation -Rural Zoning By-Law - Restricted Rural Zone (Al) DISCUSSION: The primary use of lands in a Rural designation of the Official Plan is for agricdtural purposes. The Official Plan also recognizes that there may be existing lots that are not suitable for agricultural purposes. In this instance the existing lot is has enough frontage and is generally large enough (0.89 ha) for a house; however, the exposed bedrock causes difficult vehicle access and septic system location. This application is appropriate because no new development potential is being created. It allows for better and more appropriate development of the existing development potential. It increases the likelihood of a house with an appropriate septic system and safe vehicle entrance. No new non-compliance with the two barns located on the north side of Middle Road or the vacant hotel is being created because the lot is an exrting lot. The site is not located within a Constraint area identified in Map 3 of the Official Plan. Both the retaiued lot and the merged lot appear to comply with the requirements of the Zomng By-law. The Applicant has applied to the City to stop up and close the road and to purchase rhe lands. However, the application is not yet completed. As this is integral to the consent proposal the completion of the road closing and purchase is recommended as a condition of approval. Due to the large number of potential lots within a relatively small area, more than 5 lots with a density of greater than 1 lot per hectare, it is prudent to ensure that there is an adequate supply of potable water as a condition of approval. The Health Unit is not able to inspect the site at this time due to the frost in the ground and snow cover. However, this application is for a lot addition not a new lot. Therefore, this information is not as critical to the application. Hence, the final clearance from the Health Unit is recommended as a condition of approval. Cultural Services has requested a Parkland dedication fee. However, this is due to a misunderstanding about the nature of the application. The application is for a lot addition where parkland fees are not taken. The application is not for a new lot where the fees are taken. Therefore, the recommendation does not take the fee. CONCLUSION: Based on the above considerations, it is concluded that the requested consent to sever is appropriate and maintains the intent of the Zoning By-Law and Official Plan. COMMENTS FROM AGENCIES AND BUSINESS UNIT S: e Engineering Services No objection, road widening clause to be included. Building Services No objection subject to road closure and land transfer. e Cultural Services Parkland e Health Unit No inspection due to the frost and snov cover. Senior Planner 27

28 28

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30 i -z- I \ \ L I- _-..., \ d. 30

31 a\ J;i Applicant: Sandra Begbie File No : Address: Plan No. Middel Road & Highway 2 13R1275, Part 1-4 LoffConc.: Concession 2, Part Lots 22 & 23 e ciiviaion of Roll NO Planning & Developinent Services Scale Metnc Tils map IS not Io be used for precise scaling Date January 29,2005 Prepared By T Fisher K D1lUW5\01M07~2OOSk 'or i11ustration PurPoses only, this map Is not intended to provide legal or business advice. This map was created using data files known to contain unspecified errors & omissions. Any reliance on this informa~on is solely at fhe users own risk. The Corporation disclaims all //ability for any consequences that may result from the unauthorized reproduction or use of this work whatsoever. This is not a Pian of Survey. All information protected by copyriqhf. 31

32 1!J NAH CITY OF KINGSTON REPORT TO COUNCIL I Report No.: I TO: FROM: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Cynthia Beach, P. Eng., Commissioner, Planning & Development Services Wendy Tse, Senior Planner, Development Approvals DATE OF MEETING: SUBJECT: Application To Lift Holding -H Symbol for LDR*l Zone Walnut Grove Subdivision, Stages 4 & 5 - Dacon Construction Ltd. East Side of Andersen Drive, north of Princess Street Planning File No. D RECOMMENDATION: WHEREAS Dacon Construction Ltd., has submitted an application requesting that the -H Holding Symbol be lifted from Stages 4 & 5 of the development known as the Walnut Grove Subdivision (Part of Block 5, Blocks 6-10 inclusive, and Part of Block 13, Registered Plan 13M-39), located along Ellesmeer Street and Farmstead Court in the Cataraqui North Neighbourhood in Kingston West, and WHEREAS the -H Holding provisions were to remain in place until all applicable Municipal and Agency requirements have been complied with and all necessary Agreements have been executed; and WHEREAS the Owner has complied with the conditions for the removal of the -H Holding Symbol as follows: all necessary Agency clearance letters have been submitted to the Municipality; confirmation of adequate sewage capacity to service Stages 4 & 5 of the proposed Subdivision has been received from Utilities Kingston; all Municipal requirements are contained within the Subdivision Agreement and are shown on the approved engineering plans; the Subdivision Agreement and Plan have been registered (Instrument Number and Plan 13M-39); the Owner has submitted an Application for Site Plan Control Approval for Stages 4 & 5 of the Subdivision and will be signing a Site Plan Control Agreement; and the Owner has submitted, for the Municipality s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the -H Holding Symbol: 32

33 COUNClL MEETING1 0 MAR Report to City Council -H Removal - Walnut Grove Subdivision (File No. D ) Report No Page 2 THEREFORE BE IT RESOLVED that it be recommended to the Council of The Corporation of the City of Kingston as follows: 1. That Schedule A to By-Law No , as amended, is hereby further amended by removing the -H Symbol for the lands known as Stages 4 & 5 of the Walnut Grove Subdivision (Part of Block 5, Blocks 6-10 inclusive, and Part of Block 13, Registered Plan 13M-39), described as Part of Lot 15, Concession 3, located on the east side of Andersen Drive, north of Princess Street, so as to rezone these lands from Zone LDR* 1 -H Special Low Density Residential-Holding to Zone LDR*l Special Low Density Residential, which lands are shown as Lands subject to H Removal on Schedule A attached hereto. A Draft of the Amending Zoning By-Law for Stages 4 & 5 only is appended to this report for Council s review and consideration (Appendix No. 1). ORIGIN/PURPOSE : This matter originates in an application, submitted by Dacon Construction Ltd., for removal of an -Hy Holding Symbol. The purpose of this report is to assess the merits of the request and to make a recommendation to City Council respecting removal of the -H Holding Symbol. OPTIONS/DISCUSSION: Site Location and Description: The Walnut Grove Subdivision (Dacon Construction Limited - Owner) is located north of Princess Street and east of Andersen Drive in the Cataraqui North Neighbourhood. The Plan of Subdivision sets the development for approximately 135 freehold units, consisting of a mix of detached, semidetached and townhouse dwellings (as determined by market demands), together with a common house and central park (Blocks 10 & 13, respectively). The Owner has phased the development of this subdivision, with Stages 4 and 5, the subject of this application, being the final two. These stages are located on the east side of the Subdivision, consisting of 4.29 hectares (10.61 acres) of vacant land (See copy of Key Map attached hereto) and is proposed to be developed as a residential subdivision designed as an adult lifestyle residential development. A Site Plan Control Application has been submitted for Stages 4 & 5, comprised of Part of Block 5, Blocks 6-10 inclusive, and Part of Block 13 of Registered Plan 13M-39 and contains 68 units. Each stage of this subdivision required Site Plan Control Approval prior to development proceeding. Background: The City of Kingston issued Draft Plan Approval for this Subdivision (File No. P lo), subject to conditions, on June 1, Amending Zoning By-Law Nos and (Amending both By-Law No and By-Law No ) which were passed by Council on March 20, 2001, rezoned the subject property to the LDR*l Special Low Density Residential Zone. The e 37

34 Report to City Council -H Removal - Walnut Grove Subdivision (File No. D ) Report No Page 3 LDR* 1 Zone permits single detached, semi-detached and row dwellings and contains special provisions to provide for increased driveway and garage widths in order to permit a double car garage on some of the proposed townhouse buildings. In accordance with the policies of the Official Plan for the former Township of Kingston, the LDR*l Zone is subject to an -H Holding Symbol that will delay development until certain conditions have been fulfilled by the Owners. (c) Procedural Information: Zoning By-Laws to remove -H Holding Symbols are typically technical in nature as the planning issues related to the use of the -H Symbol and the conditions for its removal have been established as part of the initial rezoning process. Also, any technical issues and required clearance letters are generally addressed through the review and approval of the final engineering plans and the conditions established by Council and contained within the Subdivision Agreement. Pursuant to Council s adopted procedures (Clause 5, Report No. 7, Meeting No. 2, held on ), reports dealing with Applications for Removal of an -H Symbol are referred directly to City Council by Staff. This process was instituted as a customer service initiative to reduce the processing time for applications and in recognition of the fact that the conditions for such removal have already been clearly established by the Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer. (d) Analysis: The Owner is requesting that the -H Holding Symbol be removed from the Walnut Grove Subdivision in order to allow construction of up to 68 residential dwellings and a private common house to proceed. At this time, Utilities Kingston has confirmed adequate sewage capacity for Stages 4 and 5 of the proposed Subdivision (Part of Block 5, Blocks 6-10 inclusive, and Part of Block 13, Plan 13M-39). The conditions for removal of the -H Holding Symbol have been fulfilled by the Owner as follows: 1. All necessary Agency and/or Municipal clearance letters for the Subdivision have been received. 2. Confirmation has been received from Utilities Kingston that there is sufficient sewage capacity to service Stages 4 & 5 of the proposed Subdivision. 3. The Subdivision Agreement has been executed by the Owner and returned to the Municipality for registration at the same time as the Final Subdivision Plan. The Owner has submitted the necessary financial securities, certificate of insurance and Final Plans required by the Subdivision Agreement. All Municipal and Agency requirements are contained within the conditions comprising the Subdivision Agreement or are detailed on the approved engineering plans appended to the Agreement. 34

35 CoDNcK MEETING1 0 MhQ Report to City Council -H Removal - Walnut Grove Subdivision (File No. D ) Report No Page 4 4. Site Plan approval is impending and the Site Plan Control Agreement will be executed by the Owner and returned to the Municipality for registration together with the necessary financial securities required by the Site Plan Control Agreement. All technical requirements are contained within the conditions comprising the Site Plan Control Agreement or are detailed on the approved site plans appended to the Agreement. 5. The Owner has submitted the appropriate application to amend By-Law No (Restricted Area Zoning By-Law) so as to remove the -H Symbol for the subject lands. This amendment will be processed in accordance with the Notice Regulations of the Plannina Act. These regulations require that a Notice of Council s intent to pass an amending By-Law to remove an -H Symbol be provided by an advertisement in a newspaper with sufficiently general circulation or by first class mail to the Owner and any person or agency specifically requesting such notice. In this instance, Notice was provided by first class mail to the Owner. Stages 4 and 5 are the final stages of this subdivision, with each preceding stage of the subdivision requiring Site Plan Control Approval prior to development proceeding. This additional planning approval will provide a further opportunity for detailed review by the City and outside agencies to ensure that the terms and conditions of the Subdivision Agreement are being complied with and that all Municipal and Agency requirements are being met. (e) Conclusion: The intent of the -H Holding Symbol on the subject property was to restrict development until such time as all necessary municipal and agency requirements have been fulfilled and all necessary agreements had been executed. Based on the foregoing analysis it would appear that the Owner has fulfilled the requirements for the removal of the -H Holding Symbol. Therefore, it would now be appropriate that it be recommended to City Council that the Zoning By-Law be amended to remove the -H Holding Symbol for Stages 4 & 5 of the Walnut Grove Subdivision (Part of Block 5, Blocks 6-10 inclusive, and Part of Block 13, Plan 13M-39). Council has previously approved the removal of the -H symbol for the first 3 stages of this subdivision. EXISTING POLICY/BY-LAW: Official Plan The subject site is designated Residential in the Official Plan of the former Township of Kingston. Zoning The site is currently zoned LDR-1 -H Low Density Residential One Holding Zone in the Cataraqui North Zoning By-Law, By-Law No

36 COUNCll MEETING! 0 MaR 05 Report to City Council -H Removal - Walnut Grove Subdivision (File No. D ) Report No Page 5 LINK TO STRATEGIC PLAN: The proposal maintains the intent of the Strategic Plan as it relates to promoting responsible development, while respecting and protecting the built environment. FINANCIAL CONSIDERATIONS: No financial implications are to be considered with this report. CONTACTS: Further information with respect to this application and the contents of this Report can be obtained by contacting: Wendy Tse, Senior Planner, Planning Division ( , ext ); Marnie Venditti, Supervisor, Development Approvals ( , ext. 3256); George T. Wallace, Manager, Planning Division ( , extension 3252). DEPARTMENTWOTHERS CONSULTED AND AFFECTED: The request for removal of the -H Symbol was circulated to the following Departments, all of which confirmed no objection to the approval of the Application: Building and By-Law Division; Utilities Kingston; Cataraqui Region Conservation Authority; Fire & Rescue; Cultural Services, and Engineering Division. NOTICE PROVISIONS: Notice was provided by first class mail to the Owner, in accordance with the Plannina Act.

37 COUNCIL MEETING: LJ MAff Report to City Council -H Removal - Walnut Grove Subdivision (File No. D ) Report No Page 6 Commissioner, Planning and Development Services Acting Chief Administrative Officer K:\D28_Holdings Removall2004 FILES\ Walnut Grove Estates Ph. 4 & S\Council Report H Lift-Walnut Grove Ph4&5.doc 37

38 Awendix No. 1 THE CORPORATION OF THE CITY OF KINGSTON DRAFT ZONING BY-LAW TO AMEND BY-LAW NO ( -H REMOVAL) CATARAQUI NORTH ZONING BY-LAW OF THE FORMER TOWNSHIP OF KINGSTON Walnut Grove Subdivision, Stages 4 & 5 Dacon Construction Ltd. East Side of Andersen Drive, north of Princess Street File No. D Drafted: March, 2005 The Corporation of the City of Kingston Planning and Development Services Planning Division 216 Ontario Street, Kingston, Ontario K7L

39 COUNClL MEETING^ Q MAR THE CORPORATION OF THE CITY OF KINGSTON BY-LAW NO A BY-LAW TO AMEND BY-LAW NO , CATARAQUI NORTH ZONING BY-LAW, AS AMENDED BY BY-LAW NOS & , TO REMOVE THE -H HOLDING SYMBOL RELATED TO THE LDR*l-H ZONE ( Walnut Grove Subdivision, Stages 4 & 5 - Part of Lot 15, Concession 3, in the former Township of Kingston) PASSED: WHEREAS By-Law Nos and rezoned certain lands in the Cataraqui North Neighbourhood in Kingston West, known as the Walnut Grove Subdivision, to Zone LDR 1-H Special Low Density Residential in order to permit up to 135 residential dwelling units for single detached, semi-detached and row dwellings; and WHEREAS By-Law Nos and established Holding ( -H ) provisions related to the LDWl-H Zone, so that development would not be allowed to proceed until such time as all necessary Municipal and Agency requirements had been fulfilled and all necessary Agreements had been executed; and WHEREAS the Owner (Dacon Construction Ltd.) is now requesting that the -H Holding Symbol be lifted from Stages 4 & 5 of the proposed Walnut Grove Subdivision (Part of Block 5, Blocks 6-10 inclusive, and Part of Block 13, Registered Plan 13M-39), and have submitted an application to amend By-Law No so as to remove the -HJ Holding Symbol; and WHEREAS the Owner has complied with the conditions for the removal of the -H Symbol as follows: all necessary Agency clearance letters for the subdivision have been submitted to the Municipality; confirmation has been received of adequate sewage capacity to service Stages 4 & 5 of the proposed Subdivision; all Municipal requirements are contained within the Subdivision Agreement and are shown on the approved engineering plans; the Subdivision Agreement for the Walnut Grove and Plan have been registered (Instrument Number and Plan 13M-39); * 39

40 -2- An application for Site Plan Control has been approved for Stages 4 and 5 of the Subdivision and the Site Plan Control Agreement for Stages 4 & 5 of the Walnut Grove Subdivision will be executed shortly by the Owner and returned to the Municipality for registration together with the required financial security; and the Owner has submitted, for the Municipality s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the H Symbol: WHEREAS the Council of The Corporation of the City of Kingston now deems it advisable to amend Zoning By-Law No , as amended, so as to remove the said -HI Holding Symbol from Stages 4 & 5 only of the Walnut Grove Subdivision (Part of Block 5, Blocks 6-10 inclusive, and Part of Block 13, Registered Plan 13M-39), and allow the development of the subject lands for a total of up to 68 residential units (1 5 single detached, 7 semi-detached and 13 row dwellings) and one common house, to proceed: NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Kingston hereby ENACTS as follows: 1. That the lands described as Lands subject to H Removal and shown on Schedule A attached hereto are the lands affected by this By-Law. 2. That Schedule A to By-Law No , as amended, is hereby further amended by removing the -H Symbol for the lands known as Stages 4 & 5 of the Walnut Grove Subdivision (Part of Block 5, Blocks 6-10 inclusive, and Part of Block 13, Registered Plan 13M-39), described as Part of Lot 15, Concession 3, located on the east side of Andersen Drive, north of Princess Street, so as to rezone these lands from Zone LDR*l -H Special Low Density Residential-Holding to Zone LDR*l Special Low Density Residential, which lands are shown as Lands subject to H Removai on Schedule A attached hereto. 3. This By-Law shall come into force and take effect on the date of its passing. GIVEN ALL THREE READINGS AND FINALLY PASSED ON THE - day of,2005. Mayor, Harvey Rosen City Clerk, Carolyn Downs rl 40

41 CITY OF KINGSTON REPORT TO COUNCIL Report No.: TO: FROM: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Cynthia Beach, P. Eng., Commissioner, Planning and Development Services Jim Fowler, Senior Development Technologist DATE OF MEETING: SUBJECT: Issuance of the Preliminary Certificate of Approval of the Works and Assumption of Public Highways for the following: Smuggler s Cove - Plan 13M-20 Cobblestone Ridge Phase 2 - Plan 13M-26 RECOMMENDATION TO: Authorize the Manager of the Engineering Division to issue the Preliminary Certificate of Approval of the Works accepting the public works in the following subdivisions or phases as listed. Subdivision Name Smuggler s Cove Cobblestone Ridge Phase 2 Registered Name of Owner Date of Agreement Instrument Plan # # 13M-20 Dacon Corporation Limited December 3, 1999 LT M-26 Edifax Development August 29,2000 LT ComDanv Limited - And Further - That the City of Kingston assume by by-law, the public highways or parts thereof within the said plan limits under the provisions of Section 3 l(4) of the Municipal Act, Chapter 25, R.S.O And Further - That Council waive the requirements of By-Law No. 1 as to enable the attached By-Laws to receive three (3) readings.. 43

42 COUNCJL MEETING] 0 MAR REPORT TO COUNCIL - Page 2 - Report No: ORIGIN/PURPOSE : The owners as identified above have made application to the City of Kingston for Preliminary Approval of the Works within the above mentioned subdivision plans in accordance with the provisions contained in their respective subdivision agreements. The purpose of this report is to advise Council of the acceptance process, recommend the issuance of Preliminary Certificate of Approval of the Works, and secondly to recommend the assumption of the public highways within the limits of Registered Plans 13M-20 and 13M-26 subject to a one-year maintenance period. Plans showing the development are attached hereto. OPTIONS/DISCUSSION: The Municipality previously entered into separate subdivision agreements with the above mentioned owners for Registered Plans 13M-20, 13M-26 on the dates as listed in the above table. The agreements were registered in the Land Registry Office under the instrument numbers also listed above. In accordance with the provisions of each agreement (standard subdivision agreement), once the public works are completed in accordance with the approved design, the owner can then apply for the issuance of the Preliminary Certificate of Approval of the Works (PCA). The PCA is a term defined in the agreement as the certificate to be issued by the Municipal Engineer after all the works have been constructed in accordance with this agreement and have been inspected by the Municipal Engineer and approved for use and assumption by the Municipality. An inspection has been carried out by City staff for each of the above, coordinated by the Engineering Division. It has been determined that the public works have been satisfactorily completed in all subdivisions. In accordance with certain warranty provisions as set out in each of the above mentioned agreements the owners are required to maintain the works for a minimum of one year following the issuance of the PCA. However, as the works were considered substantially complete prior to the preparation of this report, we are recommending that the maintenance period commence on the dates indicated in the bylaws attached. Within the prescribed one year maintenance period for the subdivision, the owner is required to make any necessary repairs to the Works as may be directed by the Municipality. The municipality holds financial security for each of the above subdivisions to cover any and all outstanding items including a 5% maintenance holdback and a 10% holdback for the City s protection under the Construction Lien Act. Financial securities will only be released when all provisions of these subdivision agreements, financial and otherwise are satisfactorily addressed. EXISTING POLICY/BY-LAW: City of Kingston Standard Subdivision Agreement. 42

43 COUNCL MEETING^ 0 MAR 2 2 '05 REPORT TO COUNCIL Report No: Page 3 - LINK TO STRATEGIC PLAN: The recommendations contained herein have no links to the Priority Action Items in the Strategic Plan. FINANCIAL CONSIDERATIONS: No financial considerations are to be considered in this report. CONTACTS: Cynthia Beach, P. Eng., Commissioner, Planning Development Services ext Speros Kanellos, Manager, Engineering Division ext Jim Fowler, Senior Development Technologist ext DEPARTMENTS/OTHERS CONSULTED AND AFFECTED: Utilities Kingston - Erika McEachran Cultural Services - Kristine Hebert, Park Planner NOTICE PROVISIONS: NIA APPENDICES: Draft Bylaws (2) Location Maps showing each subdivision (2) Cynthia Beach, P. Eng., Commissioner, Planning and Development Services U 43

44 COUNCIL MEETING]. 8 MAR 2 2 Os APPENDIX A BY-LAW NO. A BY-LAW TO PROVIDE FOR THE ACCEPTANCE BY THE CITY OF KINGSTON, OF THE ASSOCIATED PUBLIC WORKS SERVICING SMUGGLER S COVE, REGISTERED PLAN 13M-20, IN THE CITY OF KINGSTON. PASSED:,2005 WHEREAS the owner, Dacon Corporation Limited, entered into a Subdivision Agreement with the City of Kingston for Smuggler s Cove Subdivision, registered as Instrument ## LT on December 3,1999. AND WHEREAS the owner, Dacon Corporation Limited has completed the construction of the associated public works for Smuggler s Cove Subdivision, Registered Plan 13M-20, based on the subdivision agreement dated December 3, 1999, including the streets and the appurtenances thereto in accordance with the terms of the subdivision agreement and any subsequent amendments thereto. AND WHEREAS the subdivision agreement provides for acceptance of these works in whole or in part by the Municipality upon satisfactory completion subject to certain provisions for maintenance as laid out in the subdivision agreement; AND WHEREAS the streets in Registered Plan 13M-20 are dedicated as public highways and are now vested in the City of Kingston; AND WHEREAS Section 259, Chapter M45 of the Municipal Act, R.S.O provides for the assumption of public highways. NOW THEREFORE the Council of the Corporation of the City of Kingston enacts as follows: 1. That Council authorize the Manager of the Engineering Division to issue a Preliminary Certificate of Approval of the Works to accept the associated public works which service Smuggler s Cove Subdivision, subject to a one year maintenance period commencing November 1,

45 2. That Smuggler s Cove Drive, as established as a public highway in Smuggler s Cove Subdivision as shown on Registered Plan 13M-20 be assumed by the Municipality under Section 31 (4), of the Municipal Act, Chapter 25, S.O GIVEN FIRST AND SECOND READINGS,2005 GIVEN THIRD READING AND PASSED,2005 CITY CLERK MAYOR. 45

46 APPENDIX B BY-LAW NO. A BY-LAW TO PROVIDE FOR THE ASSUMPTION OF THE PUBLIC HIGHWAYS IN PHASE 2 OF COBBLESTONE RIDGE SUBDIVISION, REGISTERED PLAN 13M-26, IN THE CITY OF KINGSTON, IN ACCORDANCE WITH SECTION 31(4) OF THE MUNICIPAL ACT, CHAPTER 25, S.O. 2001; AND TO PROVIDE FOR THE ACCEPTANCE BY THE CITY OF KINGSTON, OF THE ASSOCIATED PUBLIC WORKS W lthl N. PASSED:,2005 WHEREAS the owner, Edifax Development Company Limited, entered into a Subdivision Agreement with the City of Kingston for Phase 2 of Cobblestone Ridge Subdivision, registered as Instrument # LT on August 29, AND WHEREAS the owner, Edifax Development Company Limited, has completed the construction of the associated public works for Phase 2 of Cobblestone Ridge Subdivision, Registered Plan 13M-26, based on the subdivision agreement dated August 29, 2000, including the streets and the appurtenances thereto in accordance with the terms of the subdivision agreement and any subsequent amendments thereto. AND WHEREAS the subdivision agreement provides for acceptance of these works in whole or in part by the Municipality upon satisfactory completion subject to certain provisions for maintenance as laid out in the subdivision agreement; AND WHEREAS the streets in Registered Plan 13M-26 are dedicated as public highways and are now vested in the City of Kingston; AND WHEREAS Section 259, Chapter M45 of the Municipal Act, R.S.O provides for the assumption of public highways. NOW THEREFORE the Council of the Corporation of the City of Kingston enacts as follows: 1. That Council authorize the Manager of the Engineering Division to issue a Preliminary Certificate of Approval of the Works to accept the associated public works which service Phase 2 of Cobblestone Ridge Subdivision, Registered Plan 13M-26, subject to a one year maintenance period commencing November 1,

47 COUNCIL MEETING APPENDIX B 2. That Grandtrunk Avenue and Weston Crescent, as established as public highways in Phase 2 of Cobblestone Ridge Subdivision as shown on Registered Plan 13M-26 be assumed by the Municipality under Section 31(4), of the Municipal Act, Chapter 25, S.O * GIVEN FIRST AND SECOND READINGS GIVEN THIRD READING AND PASSED,2005,2005 CITY CLERK MAYOR. 47

48 \ \ Appendix C Location Map CITY OF KINGSTON Engineering Division Planning & Development Services Smuggler s Cove Registered Plan 13M e Prepared By: N. Traves Date: March 8, 2005

49 Appendix 'D' Location Map CITY OF KINGSTON Engineering Division Planning 8c Development Services Edifax Subdivision - Phase Part of Registered Plan JSM-2 Date: March 8, 200

50 CITY OF KINGSTON REPORT TO COUNCIL I ReDortNo.: TO: FROM: PREPARED BY: Denis Leger, Acting Chief Administrative Officer Cynthia Beach, P.Eng., Commissioner Planning & Development Services Peter Huigenbos, Development Supervisor DATE OF MEETING: SUBJECT: ASSUME AND DEDICATE AS A PUBLIC ROAD, PART 1 ON REFERENCE PLAN 13R-8637 AND PART 4 ON REFERENCE PLAN 13R-17784, BINNINGTON COURT RECOMMENDATION TO COUNCIL: That those lands designated as Part 1 on Reference Plan 13R-8637 and Part 4 on Reference Plan 13R-17784, be dedicated as part of the public highway in accordance with Section 31, of the Municipal Act, Chapter 25, S.O ORIGIN/PURPOSE : As part of the Agreement of Purchase and Sale between the City of Kingston and the purchaser, lands are to be dedicated as part of the public highway to provide access on a public highway. OPTIONS/DISCUSSION: The Municipality has entered into an Agreement of Purchase and Sale with Auto-Pak Ltd. for Parts 1 and 6 on Reference Plan 13R-17784, informally represented as Lot 118, Binnington Court in the Clyde Business Park. As per terms of the agreement, Auto-Pak Ltd. has obtained Site Plan Approval (see attached Site Plan) and has entered into a Site Plan Agreement with the City of Kingston. The land sale is scheduled to close April 5, As a condition of the Purchase and Sale Agreement, Part 1 on Reference Plan 13R-8637 and Part 4 on Reference Plan 13R shall be dedicated as public highway to provide Auto-Pak Ltd. with legal access to the purchased property.

51 - Page 2 - Report No: EXISTING POLICYBY-LAW: Council passes by-laws to dedicate lands as part of the public highway and in conjunction with the dedication assumes those lands as per the requirements of Section 3 1 of the Municipal Act, Chapter 25, S.O LINK TO STRATEGIC PLAN: This report has no link to the Strategic Plan. FINANCIAL CONSIDERATIONS: There are no financial considerations in this report. CONTACTS: Speros Kanellos, P.Eng., Manager, Engineering Division, , Ext Peter Huigenbos, EIT, Development Supervisor, , Ext DEPARTMENTSIOTHERS CONSULTED AND AFFECTED: Legal Services, Hal Linscott, Director, , Ext NOTICE PROVISIONS: NIA APPENDICES: Schedule A - Auto-Pak Site Plan Schedule B - Draft By-Law Cynthia Beach, P.Eng., Commissioner of Planning & Development Services Acting: Chief Administrative Officer

52 APPENDIX "A" 3 i! I I / I I 52