AGENDA Page No. CITY COUNCIL MEETING NO

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1 CITY COUNCIL MEETING NO at 5:30 pm in the Council Chamber at City Hall. Council will resolve into the Committee of the Whole Closed Meeting and will reconvene as regular Council at 7:30 pm. AGENDA Page No. Call Meeting to Order... 4 Roll Call... 4 Committee of the Whole Closed Meeting... 4 Approval of Addeds... 4 Disclosure of Potential Pecuniary Interest... 4 Presentations... 4 Delegations... 5 Briefings... 5 Petitions Motions of Congratulations, Recognition, Sympathy, Condolences and Speedy Recovery Deferred Motions... 7 Report No. 73: Received from the CAO (Consent) (a) Marine Museum of the Great Lakes Status Report/ Next Steps (11-160) schedule pages 1-15 (b) Removal of Trees on Approaches to Kingston Airport (11-176) schedule pages (c) Award of RFP for One (1) Four Wheel Drive Crew Cab Pickup Truck with Single Rear Wheels to Edwards Ford Sales (Kingston) Ltd. (11-185) schedule pages (d) Sale of Easement Hydro One Networks Inc. Butternut Creek (11-187) schedule pages 25-29

2 Page 2 AGENDA Page No. Report No. 73: Received from the CAO (Consent) (continued) (e) Application for License of a Serving Sidewalk Patio on the King Street East Frontage for Jessup Food & Heritage Ltd. Sir John s Public House Located at 343 King Street East (11-191) schedule pages (f) Application for License of a Non-serving Sidewalk Patio on the Sydenham Street Frontage for Starbucks Coffee Company Located at 251 Princess Street (11-192) schedule pages (g) Award of Tender for Micro-Surfacing/Overlay on Taylor Kidd Blvd. to Coco Paving Inc. (11-193) schedule pages (h) Authorized Requester Agreement with the Ontario Ministry of Transportation for Municipal Parking Tag Program (11-194) schedule pages (i) Award of RFP for Online Payment Service Provider to Toronto Dominion Bank (11-195) schedule pages (j) Award of RFP for Supply of Oxygen Services to Rideaucrest Home to Medigas (11-196) schedule pages (k) Renaming of Barriefield Rock Garden (11-198) schedule pages (l) Award of RFP for Sewage Pumping at Cataraqui/Kinsmen Community Centre to Smiths Septic Tank Services Ltd. (11-200) schedule pages (m) Postponement of Securities Registered on Title for the John Howard Society of Kingston and District (11-203) schedule pages Report No. 74: Received from the CAO (Recommend) (1) Partnership Agreement for Sheep Dog Trials Special Event (11-197) schedule pages (2) Establishment of Affordable Housing Land Bank (11-199) schedule pages (3) Fees Review Outdoor Aquatic Centre (11-202) schedule pages Report No. 75: Received from the Planning Committee Report No. 76: Received from the Kingston Municipal Heritage Committee Report No. 77: Received from the Arts, Recreation & Community Policies Committee Report No. 78: Received from the Environment, Infrastructure & Transportation Policies Committee... 48

3 Page 3 AGENDA Page No. Report No. 79: Received from the Nominations Advisory Committee Report No. 80: Received from the Municipal Accessibility Advisory Committee Committee of the Whole Information Reports (1) Tender and Contract Awards Subject to the Established Criteria for Delegation of Authority for the Month of May 2011 (11-175) schedule pages (2) Regional Material Recovery Facility Study (11-186) schedule pages (3) City of Kingston Franchise Proposal National Basketball League of Canada (11-189) schedule pages (4) Priority Status Matrix Second Quarter Update 2011 (11-206) schedule pages (5) 2010 Annual Report (11-207) Miscellaneous Business New Motions Notices of Motion Minutes Tabling of Documents Communications Other Business By-Laws Adjournment... 60

4 (Council Chamber) CALL MEETING TO ORDER Page 4 ROLL CALL THE COMMITTEE OF THE WHOLE CLOSED MEETING (1) THAT Council resolve itself into the Committee of the Whole Closed Meeting to consider the following items: (a) A proposed or pending acquisition or disposition of land by the municipality or local board Employment Lands; (b) A proposed or pending acquisition or disposition of land by the municipality or local board Potential Federal Property Divestitures; (c) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose Agreement with Springer Group of Companies; (d) Advice that is subject to solicitor-client privilege, including communications necessary for the purpose and potential litigation affecting the municipality 30.8 acres Cataraqui West Subdivision. (2) THAT Council rise from the Committee of the Whole Closed Meeting without reporting. APPROVAL OF ADDEDS DISCLOSURE OF POTENTIAL PECUNIARY INTEREST PRESENTATIONS

5 DELEGATIONS Page 5 (1) A representative of the Kingston Community Roundtable on Poverty Reduction will speak to Council regarding the Municipal Housing Strategy. (See Clause 1, Report No. 77, Page No. 47) (2) A representative of the Sir John A. Macdonald Bicentennial Commission will speak to Council regarding the bicentennial celebration. (See New Motion No. (1), Page No. 53) BRIEFINGS (1) Claudette Richardson, Chair of the Kingston Frontenac Public Library (KFPL) Board, Monica Stewart, Trustee of the KFPL Board, and Deborah Defoe, Chief Librarian/Chief Executive Officer will provide Council with an update on recent news and activities. PETITIONS (1) A petition bearing 8 signatures was received by the Clerk s Department and referred to the Commissioner of Transportation, Properties and Emergency Services and reads as follows: Kingston s biggest food bank has become a permanent fixture in our community. It s a necessity for single parents, the elderly and disabled. But Partners in Mission Food Bank remains very hard to get to by public transportation. That is why we are asking others to join us in urging the City of Kingston to establish a food security transit route. The challenges faced by low income families in their efforts to secure food are ever growing: Soaring global food prices, increasing transportation costs and grocery store closures are factors that place undue stress on the minds and wallets of many. The United Nations defines food security as a condition in which all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life. We, the undersigned, petition the city of Kingston to modify the existing bus transit route(s) to create a food security transit route as proposed by Peer Support Initiative and the Social Issues Networking Group. REFERRED TO THE COMMISSIONER OF TRANSPORTATION, PROPERTIES AND EMERGENCY SERVICES

6 PETITIONS (CONTINUED) Page 6 (2) A petition bearing approximately 163 signatures was presented by Councillor Reitzel and referred to the President and CEO of Utilities Kingston and reads as follows: Traffic and Safety Issues St. Martha Catholic School We the undersigned are very concerned for the safety of our children and enclose a petition for the City of Kingston to implement necessary traffic calming measures be installed. We know that child safety is also an important matter to the City of Kingston Traffic Engineering Department and look forward to swift action on this problem before we have an unfortunate accident. REFERRED TO THE PRESIDENT AND CEO OF UTILITIES KINGSTON MOTIONS OF CONGRATULATIONS, RECOGNITION, SYMPATHY, CONDOLENCES AND SPEEDY RECOVERY Motions of Congratulations, Recognition, Sympathy, Condolences and Speedy Recovery are presented in order of category as one group and voted on as one motion. Motions of Congratulations (1) Moved by Councillor Berg Seconded by Councillor Paterson THAT the congratulations of Kingston City Council be extended to the local staff at INVISTA on the recent announcement that the company is moving ahead with expansion plans for its Kingston facility. INVISTA is the largest industrial employer in all of Eastern Ontario. To help meet continued demand driven by growth of the global airbag market, the company has developed plans to add another seven kilotons of spinning capacity at its Kingston plant. Congratulations to one of Kingston s major employers and community partners! This is very positive news for the local economy! (2) Moved by Councillor Downes Seconded by Councillor Glover THAT the congratulations of Kingston City Council be extended to Kingston resident and veteran, John Greenwood, on the occasion of his 100 th birthday on July 31, 2011.

7 MOTIONS OF CONGRATULATIONS, RECOGNITION, SYMPATHY, CONDOLENCES AND SPEEDY RECOVERY (CONTINUED) Page 7 Motions of Condolence (1) Moved by Mayor Gerretsen Seconded by Deputy Mayor Hutchison THAT the sincere condolences of Kingston City Council be extended to the family and friends of Herb Sturgess, who passed away on June 17, Mr. Sturgess was a memorable figure in Kingston City Hall for many years, through his roles as a City Hall commissionaire and tour guide. His quiet and knowledgeable personality will be missed by all who knew him. (2) Moved by Mayor Gerretsen Seconded by Deputy Mayor Hutchison THAT the sincere condolences of Kingston City Council be extended to the family and friends of Mr. Harry Hale, who passed away on June 26, Mr. Hale was a former Foreman with the City of Kingston s Works department and retired after 35 years of service to our community. Mr. Hale was also the father of John Hale, President of Local 109 of the Canadian Union of Public Employees and Jim Hale, from the City of Kingston s Real Estate and Construction Services department. Mr. Hale will be sorely missed by those who knew him best and throughout the community he once served so diligently. (3) Moved by Councillor Scott Seconded by Councillor Berg THAT the sincere condolences of Kingston City Council be extended to the family of the Reverend Dr. Robert Bater who died June 22, Bob had been principal of Queen s Theological College, Queen s University, from 1974 to He also participated in the Jesus Seminar, a group of international scholars who sought to determine the authentic words of Jesus in the New Testament. A life-long passionate and courageous advocate for social justice within both the church and the community, he will be sorely missed. DEFERRED MOTIONS

8 Page 8 REPORTS REPORT NO. 73: RECEIVED FROM THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) Report No. 73 To the Mayor and Members of Council: The Chief Administrative Officer reports and recommends as follows: All items listed on the Consent Report shall be the subject of one motion. Any member may ask for any item(s) included in the Consent Report to be separated from that motion, whereupon the Consent Report without the separated item(s) shall be put and the separated item(s) shall be considered immediately thereafter. THAT Council consent to the approval of the following routine items: (a) Marine Museum of the Great Lakes Status Report/Next Steps THAT the Mayor and Clerk be authorized to enter into a funding arrangement with the Marine Museum of the Great Lakes, in the form of a Service Level Agreement that is satisfactory to the Director of Legal Services, and with the financial contributions to be confirmed on an annual basis through the operating budget approval process. (The Report of the Commissioner of Sustainability and Growth (11-160) is attached as Schedule Pages 1-15) (File No. CSU-R ) (b) Removal of Trees on Approaches to Kingston Airport THAT staff be directed to hold a public information session and subsequently apply for Delegated Authority from the federal Minister of Transport to enforce the Airport Zoning Regulations; - and further - THAT Council delegate the signing of the application to the Airport Manager; - and further - THAT upon receipt of the Delegation of Authority, staff enact the authority, in accordance with the defined Transport Canada process, by notifying affected residents to remove or cultivate all specified trees that penetrate the protected slopes and, failing any landowner s compliance with the lawful order, authorize City staff or contracted agents to enter the property and remove any of the specified obstructions. (The Report of the Commissioner of Transportation, Properties and Emergency Services (11-176) is attached as Schedule Pages 16-20) (File No. CSU-T )

9 Page 9 REPORT NO. 73: RECEIVED FROM THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) (c) Award of RFP for One (1) Four Wheel Drive Crew Cab Pickup Truck with Single Rear Wheels to Edwards Ford Sales (Kingston) Ltd. THAT the RFP F31-TPES-TS-FL for the purchase of one four wheel drive crew cab pickup truck with single rear wheels be awarded to Edwards Ford Sales (Kingston) Ltd. for the purchase price of $34, 714 plus applicable taxes. (The Report of the Commissioner of Transportation, Properties and Emergency Services (11-185) is attached as Schedule Pages 21-24) (File No. CSU-V ) (d) Sale of Easement Hydro One Networks Inc. Butternut Creek THAT Council authorize the Mayor and Clerk to execute all necessary documents to grant an easement to Hydro One Networks Inc. over a portion of the lands described as Part of Lots 2, 3, 4 and 5, Concession East of the Great Cataraqui River in the former Township of Pittsburgh, now City of Kingston, in a form satisfactory to the Director of Legal Services, for a fee of $6,884 plus all additional costs such as legal and survey costs associated with registration of the easement; - and further - THAT the proceeds from the sale of this easement be deposited in the Industrial (Employment) Land Reserve Fund. (The Report of the Commissioner of Transportation, Properties and Emergency Services (11-187) is attached as Schedule Pages 25-29) (File No. CSU-D ) (e) Application for License of a Serving Sidewalk Patio on the King Street East Frontage for Jessup Food & Heritage Ltd. Sir John s Public House Located at 343 King Street East THAT Council authorize the Mayor and Clerk to enter into a License Agreement, in a form satisfactory with the Director of Legal Services, with the owner of Sir John s Public House located at 343 King Street East, for the lease of City property adjacent to their store on the King Street East frontage for the purpose of operating a serving sidewalk patio. (The Report of the President and CEO of Utilities Kingston (11-191) is attached as Schedule Pages 30-36) (File No. CSU-D )

10 Page 10 REPORT NO. 73: RECEIVED FROM THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) (f) Application for License of a Non-serving Sidewalk Patio on the Sydenham Street Frontage for Starbucks Coffee Company Located at 251 Princess Street THAT Council authorize the Mayor and Clerk to enter into a License Agreement, in a form satisfactory to the Director of Legal Services, with the owner of Starbucks Coffee Company located at 251 Princess Street, for the lease of City property adjacent to their store on the Sydenham Street frontage for the purpose of operating a non-serving sidewalk patio. (The Report of the President and CEO of Utilities Kingston (11-192) is attached as Schedule Pages 37-43) (File No. CSU-D ) (g) Award of Tender for Micro-Surfacing/Overlay on Taylor Kidd Blvd. to Coco Paving Inc. THAT the tender of Coco Paving Inc. for the Contract ENG for Micro- Surfacing/Overlay on Taylor Kidd Blvd., in the amount of $737, (plus HST) be accepted, it being the lowest tender received. (The Report of the President and CEO of Utilities Kingston (11-193) is attached as Schedule Pages 44-45) (File No. CSU-F ) (h) Authorized Requester Agreement with the Ontario Ministry of Transportation for Municipal Parking Tag Program (Time Sensitive) THAT Council authorize the Mayor and Clerk to sign the Authorized Requester Agreement with the Ministry of Transportation, in a form satisfactory to the Director of Legal Services, to enable the City to obtain vehicle owner information to process parking infractions. (The Report of the Commissioner of Transportation, Properties and Emergency Services (11-194) is attached as Schedule Pages 46-47) (File No. CSU-L ) (i) Award of RFP for Online Payment Service Provider to Toronto Dominion Bank THAT Council authorize the Mayor and Clerk to enter into a contract with Toronto Dominion Bank for online payment processing, in a form satisfactory to the Director of Legal Services, in reference to RFP No. F31-CAT-IS&T (The Report of the City Treasurer (11-195) is attached as Schedule Pages 48-52) (File No. CSU-F )

11 Page 11 REPORT NO. 73: RECEIVED FROM THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) (j) Award of RFP for Supply of Oxygen Services to Rideaucrest Home to Medigas THAT RFP No. F31-CS-LTC to supply oxygen services to Rideaucrest Home be awarded to Medigas; - and further - THAT Council authorize the Mayor and Clerk to enter into a contract with Medigas for a period of two years commencing August 1, 2011, in a form satisfactory to the Director of Legal Services. (The Report of the Commissioner of Community Services (11-196) is attached as Schedule Pages 53-57) (File No. CSU-F ) (k) Renaming of Barriefield Rock Garden THAT Council approve the renaming of Barriefield Rock Garden to The Bill Robb Barriefield Rock Garden. (The Report of the Commissioner of Community Services (11-198) is attached as Schedule Pages 58-63) (File No. CSU-R ) (l) Award of RFP for Sewage Pumping at Cataraqui/Kinsmen Community Centre to Smiths Septic Tank Services Ltd. THAT the RFP F31-CSG-RLS to supply sewage pumping services at Cataraqui/Kinsmen Community Centre be awarded to Smiths Septic Tank Services Ltd. at the rate of $ 18.50/ m 3 ; - and further - THAT Council authorize the Mayor and Clerk to enter into a contract with Smiths Septic Tank Services Ltd. for a period of two years commencing August 1, 2011, in a form satisfactory to the Director of Legal Services. (The Report of the Commissioner of Community Services (11-200) is attached as Schedule Pages 64-67) (File No. CSU-F )

12 Page 12 REPORT NO. 73: RECEIVED FROM THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) (m) Postponement of Securities Registered on Title for the John Howard Society of Kingston and District THAT Council approve the postponement of securities currently registered on title of the property at 771 Montreal Street owned by John Howard Society of Kingston and District to second position in favour of the new Line of Credit; - and further - THAT Council authorize the Mayor and Clerk to execute the required documents to postpone the securities registered in favour of a new Line of Credit and in a form satisfactory to the Legal Services Division. (The Report of the Commissioner of Community Services (11-203) is attached as Schedule Pages 68-71) (File No. CSU-S )

13 REPORT NO. 74: RECEIVED FROM THE CHIEF ADMINISTRATIVE OFFICER (RECOMMEND) Page 13 Report No. 74 To the Mayor and Members of Council: The Chief Administrative Officer reports and recommends as follows: (1) Partnership Agreement for Sheep Dog Trials Special Event THAT the Mayor and Clerk be authorized to enter into an agreement with Kingston Sheep Dog Trials Incorporated, for the coordinated special event delivery of the Kingston Sheep Dog Trials, in a form satisfactory to the Director of Legal Services; - and further - THAT the Mayor and Clerk be authorized to enter into subsequent amendments to the agreement with Kingston Sheep Dog Trials Incorporated, as long as the amendments are covered within City approved operational budgets, in a form satisfactory to the Director of Legal Services. (The Report of the Commissioner of Community Services (11-197) is attached as Schedule Pages 72-76) (File No. CSU-M ) (2) Establishment of Affordable Housing Land Bank THAT Council endorse the establishment of a City of Kingston affordable housing land bank; - and further - THAT Council approve 58 Leroy Grant Drive and 208 Indian Road as the first two properties to be put into its land bank for a total assessed value of $563,000; - and further - THAT Council direct staff to issue a Request for Proposal (RFP) for residential development including affordable units once the 3 rd reading of the by-law to declare 58 Leroy Grant Drive surplus has been passed; - and further - THAT Council direct staff to issue a Request for Interest (RFI) for 208 Indian Road for the development of affordable single houses. (The Report of the Commissioner of Community Services (11-199) is attached as Schedule Pages 77-96) (File No. CSU-S ) (See By-Law No. (9), )

14 REPORT NO. 74: RECEIVED FROM THE CHIEF ADMINISTRATIVE OFFICER (RECOMMEND) Page 14 (3) Fees Review Outdoor Aquatic Centre THAT Council approve the proposed amendments to the Outdoor Aquatic Centre fees as shown in Table 2 of this report (11-202); - and further - THAT Council direct staff to refund all current family season pass holders based on the approved fee; - and further - THAT By-Law No , A By-Law to Establish Fees and Charges to be Collected by the Corporation of the City of Kingston, as amended, be further amended as outlined in this report, with the amending by-law receiving all 3 readings. (The Report of the Commissioner of Community Services (11-202) is attached as Schedule Pages ) (File No. CSU-R ) (See By-Law No. (1), )

15 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 15 Report No. 75 To the Mayor and Members of Council: The Planning Committee reports and recommends as follows: All items listed on this Committee Report shall be the subject of one motion. Any member may ask for any item(s) included in the Committee Report to be separated from that motion, whereupon the Report of the Committee without the separated item(s) shall be put and the separated item(s) shall be considered immediately thereafter. June 16, Approval of an Application for Zoning By-Law Amendment for the Property Municipally Known as 471 Cataraqui Woods Drive THAT the Application for Zoning By-Law Amendment (Our File No. D ) for the property municipally known as 471 Cataraqui Woods Drive, BE APPROVED. AND THAT the Cataraqui North Zoning By-Law No , as amended, be further amended as follows: 1. That the following Section 7.4, MU1*1, 471 Cataraqui Woods Drive be amended as follows: Notwithstanding any provisions of this By-Law to the contrary, the lands designated MU1*1 shall be used and developed in accordance with the following additional provisions: i) Maximum Gross Leasable Retail Area: the maximum gross leasable retail area shall be 2,999 square metres. ii) Permitted Uses: That in addition to the uses permitted in the Special Mixed Use MU1*1 Zone a retirement home use and accessory personal service shop, retail use and recreational use to be utilized exclusively by the retirement home residents and staff are permitted. iii) Maximum Building Height: a maximum building height of 26 metres for a retirement home use. iv) Parking: That for the purposes of a retirement home use the minimum of 0.60parking spaces per dwelling unit shall be provided. v) the maximum residential density shall be 150 dwelling units per hectare;

16 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 16 vi) permit a dwelling unit equivalency ratio of 2 retirement home suites, as defined herein, to one dwelling unit (2:1 units) is permitted for a retirement home use; and vii) Retirement Home Suite: Shall be defined as a habitable space designed for living and sleeping consisting of studios, one or two bedrooms, private bathroom and separate entrance from a common hall, and a kitchenette which may include convenience facilities such as a bar fridge and a microwave oven, but without full cooking facilities. AND BE IT FURTHER RESOLVED THAT the amending by-law be presented to City Council for all three readings. (Note: A copy of the draft by-law is attached as Schedule Pages ) (See By-Law No. (2), ) 2. Approval of an Application for Draft Plan of Subdivision for the Property Known Municipally as 1140 Maria Avenue THAT the application for Draft Plan of Subdivision (File No. D ) for the property known municipally as 1140 Maria Avenue BE APPROVED, subject to the following conditions: 1. Approved Draft Plan: That this approval applies to the Draft Plan of Subdivision, prepared by Leslie M. Higginson Surveying Ltd., dated April 05, 2011 which shows the following: 175 residential lots (Lots inclusive); 24 residential blocks ( inclusive and Blocks , 204); 1 block for natural open space (Block 202); 1 block for parkland dedication (Block block for environmental protection area (Block 203); 3 blocks for walkways (Blocks ); 2 block(s) for 0.3 m reserves (Blocks 208, 209); 7 new roadways (Streets A to F and Cataraqui Woods Drive). 2. Streets and Civic Addressing: (a) That the road allowances included in this Plan shall be shown and dedicated as public highways. (b) That the road allowances within the Plan shall be designed in accordance with the Municipality s engineering standards and shall be dedicated to the Municipality free of all charge and encumbrances. The streets, lots and blocks shall be designed to coincide with the development pattern on adjacent properties.

17 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 17 (c) That Prior to Final Approval, the Owner shall submit proposed street names for approval by the Planning and Development Department and shall be included on the first submission of the engineering drawings. The Streets within this Plan shall be named to the satisfaction of the City, in consultation with the Planning and Development Department, in accordance with the City s Civic Addressing and Road Naming By-Law. (d) That Prior to Final Plan Approval, the Owner shall provide confirmation that civic addresses have been assigned to the proposed lots and blocks by the City s Planning and Development Department, in accordance with the City s Civic Addressing and Road Naming By-Law. The Owner shall be advised that the civic addresses are tentative until such time that the final plan is registered and the final lot layout has been confirmed. (e) For lots with more than one road frontage, the lots will be addressed on the road frontage on which primary vehicular access is situated. Prior to applying for a building permit the Owner shall confirm with the Planning and Development Department the appropriate road frontage where primary vehicular access is to be provided and shall confirm the approved civic address in order to comply with the City s Civic Addressing and Road Naming By-Law and emergency response requirements. (f) Any dead end or open side of a road allowance within the Plan shall be terminated in a 0.3 m reserve to be conveyed to the Municipality free of all charges and encumbrances. (g) That the Owner shall agree that the location and design of any construction access shall be approved by the Municipality and/or the appropriate authority. 3. Reserves and Easements: (a) That any dead ends and open sides of the road allowances created by this Plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust, by the Municipality. (b) That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority free of all charges and encumbrances. 4. Financial Requirements: (a) That the Owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Municipality concerning all provisions of municipal services but not limited to including fencing, lighting, landscaping, sidewalks, roads, installation of underground services, provisions of drainage and noise mitigation where required.

18 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 18 (b) That Prior to Final Plan Approval, the Owner shall submit for the Municipality s approval a detailed breakdown of the construction costs for the works associated with the development of this Plan, including any cash surcharges or special levies. The construction costs shall be prepared and stamped by a professional engineer. The cost estimate shall be submitted in the Municipality s standard format for incorporation into both the Pre-Servicing and Subdivision Agreements. (c) That the Owner shall bear the expense of all off site works resulting from the approved public works design where such works are not subsidized under the Policies and By-Laws of the Municipality. (d) That the Owner agrees to reimburse the Municipality for the cost of any Peer Reviews of the Studies / Reports submitted in support of the proposed Plan of Subdivision. 5. Subdivision Agreement: (a) That the Owner shall enter into the Municipality s standard Subdivision Agreement which shall list all approved plans and municipal conditions as required by the Municipality for the development of this Plan. (b) The Subdivision Agreement between the Owner and the Municipality be registered against the lands to which it applies once the Plan of Subdivision has been registered. (c) That the Subdivision Agreement shall contain all necessary warning clauses and notices to purchasers resulting from, but not necessarily restricted to, the design and provision of services, including the requirement to provide and maintain private site specific works as necessary. 6. Holding Provisions: That the Municipality shall require the use of -H Holding Provisions in accordance with Section 36 of the Planning Act. The terms for the removal of the Holding -H Holding Symbol shall be in accordance with Section 6(6) of Zoning By-Law No and shall require the following: confirmation of sufficient servicing capacity for the development; that all necessary approvals have been received from all other agencies and government bodies and any required Agreements have been executed by the Owner; and that a Zone Change Application has been approved by the Municipality to remove the -H Holding Symbol.

19 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page Engineering Drawings: (a) That Prior to Final Plan Approval, the Owner shall submit for approval, subdivision design drawings, including design plans for all public works and services, prepared and certified by a Professional Engineer and designed pursuant to the Municipality s Subdivision Design Guidelines and to the satisfaction of the Municipality. Such plans are to form part of the Subdivision Agreement. (b) That Prior to Final Plan Approval, the Owner shall submit a digital listing of the approved subdivision design drawings in the Municipality s standard format for incorporation into the Pre-Servicing and Subdivision Agreement. 8. Revisions to Draft Plan: (a) That any further subdivision of Blocks or additional road patterns on the Plan shall be completed to the satisfaction of the Municipality. (b) That Prior to Final Plan Approval of any part of the Plan, the Owner shall submit a revised Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval. (c) That where final engineering design(s) result in minor variations to the Plan (e.g., in the configuration of road allowances and lotting, number of lots, etc.), these may be reflected in the Final Plan to the satisfaction of the Municipality. 9. Phasing: (a) That Final Plan Approval for registration may be issued in phases to the satisfaction of the Municipality, subject to all applicable fees. (b) That the phasing of the development shall be reflected in the Subdivision Agreement and on the approved subdivision design drawings to the satisfaction of the Municipality, taking into account the temporary termination of underground services, interim grading, interim stormwater management, operations and maintenance vehicle access and access for emergency vehicles. (c) That the phasing of the development shall be proposed in an orderly progression, in consideration of such matters as the timing of road improvements, infrastructure, schools and other essential services. (d) That all agencies agree to registration by phases and provide clearances, as required, for each phase proposed for registration; furthermore, the required clearances may relate to lands not located within the phase sought to be registered.

20 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page Zoning By-Law Compliance: (a) That the lands within this Draft Plan shall be appropriately zoned by a Zoning By-Law which has come into effect in accordance with the provisions of the Planning Act. (b) That Prior to Final Plan Approval, the Owner shall submit a Surveyor s Certificate which confirms that the lots and blocks within this Plan conform to the minimum lot frontage and lot area requirements of the applicable Zoning By- Law. 11. Required Studies: (a) That Prior to Final Plan Approval, the Owner shall submit a Geotechnical Study, certified by a Professional Engineer, to the satisfaction of the Municipality. The recommendations of the Geotechnical Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality. (b) That Prior to Final Plan Approval, the Owner shall demonstrate that the soil and groundwater quality of the property is compatible with a residential land use as defined by the generic criteria listed within the Guideline for Use at Contaminated Sites in Ontario (MOE, rev. 1997). The acceptable method for this demonstration would be a Phase I Environmental Site Assessment (ESA) performed in accordance with CSA standard Z and any required follow up investigations (Phase II ESA) or remediation. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality. Should site remediation be required to meet the applicable soil and ground water criteria set out in applicable guidelines, the Owner shall submit to the Municipality Prior to Final Plan Approval, a copy of the Record of Site Condition acknowledged by a Provincial Officer of the Ministry of the Environment. The Owner shall provide a certificate by a qualified professional that all lands within the Plan and any lands and easements external to the Plan to be dedicated to the Municipality, meet the applicable soil and ground water criteria. (c) That Prior to Final Plan Approval an updated Master Servicing Study for the Cataraqui West Secondary Plan area and a Servicing Study for the subject lands shall be completed to the satisfaction of the Municipality and Utilities Kingston and that all recommendations of the Servicing Studies shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Studies recommendations to the satisfaction of the Municipality.

21 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 21 (d) That Prior to Final Plan Approval, the Owner shall submit a Traffic Impact Report, prepared by a professional engineer to the satisfaction of the Municipality. The Subdivision Agreement shall contain provisions for the Owner to design, construct and financially secure the costs of any off site road improvements as are deemed necessary by the Report s recommendations to the satisfaction of the Municipality s Director of Engineering. (e) That Prior to Final Plan Approval, a Stormwater Management Report and implementing plans for the development shall be prepared by a qualified Professional Engineer, to the satisfaction of the Municipality and Cataraqui Region Conservation Authority. Such plans shall be included in the Subdivision Agreement. The Owner shall carry out the recommendations of the report, at his expense, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority. (f) That Prior to Final Plan Approval, the Owner shall submit a detailed Noise Impact Study prepared to the satisfaction of the Municipality and the Ministry of Environment. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality. 12. Archaeological Assessment: (a) That the Owner shall carry out an archaeological assessment of the subject property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No grading or other soil disturbances shall take place on the subject property prior to the approval authority and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource requirements. (b) That Prior to Final Plan Approval and Prior to Commencement of any Works on any site identified as being archaeologically significant, the Owner shall carry out archaeological excavations of such sites to the satisfaction of the Ministry of Culture and the Municipality; the Owner shall agree to take protective measures required by the Municipality for such sites. (c) In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism and Culture ( ) and the City of Kingston Heritage Planner ( ext 1386) must be immediately contacted.

22 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 22 (d) In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police ( ), the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer Business Services ( ), the Cultural Program Branch of the Ministry of Tourism and Culture ( ), and the City of Kingston Heritage Planner ( ext 1386) must be immediately contacted. 13. Stormwater Management: (a) That Prior to Final Plan Approval, Block 206 shall be deeded to the Municipality for walkway and possible Stormwater Management purposes. The design of the pond s open space, including any connecting paths, shall be subject to approval by the Municipality. (b) That Prior to Final Plan Approval, the Owner shall submit lot grading and drainage plans, and erosion and sediment control plans prepared by a qualified Professional Engineer for the Owner, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority. The approved plans shall be included in the Subdivision Agreement between the Owner and Municipality. (c) Prior to Final Plan Approval and Prior to any Works Commencing on the Site, the Owner shall submit for approval by the Municipality and the Cataraqui Region Conservation Authority (CRCA), a detailed engineering report(s) that describes the storm drainage system for the proposed development, which shall include: i) plans illustrating how this drainage system will be tied into the surrounding drainage systems, and indicating whether it is part of an overall drainage scheme, the design capacity of the receiving system and how external flows will be accommodated; ii) the location and description of all outlets and other facilities; iii) storm water management techniques which may be required to control minor and major flows; iv) proposed methods of controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction; v) overall grading plans for the subject lands; and vi) storm water management practices to be used to treat storm water, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to fish and their habitat. (d) That the Owner shall agree to maintain all storm water management and erosion and sedimentation control structures operating and in good repair during the construction period.

23 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 23 (e) That a clause will be included in the subdivision agreement that a Preliminary Certificate of Approval of Underground Services will not be issued for any lot within the subdivision until the Storm Water Management Facility referred to as the W3 pond in the Serviceability Report prepared by the IBI Group has been designed, constructed and functioning. 14. Parkland Conveyance / Open Space / Environmental Protection Areas: (a) The Owner(s) have, in advance of this draft plan application, conveyed a portion of the parkland dedication required for this draft plan through a purchase and sale agreement with the City in order to expedite the design and development of the park. This ha ( s.m.) park parcel and Block 201, (0.041 ha or 410 s.m.) represent a portion of parkland dedication for this draft plan. The balance of parkland dedication will be given as a contribution towards the community park as set out in the secondary plan. The parkland dedication is 5% of the non-epa developable subdivision lands or 1ha/300 d.u., whichever is the higher. (b) That lands to be conveyed to the Municipality for park or other public recreational purposes shall be subject to the following conditions: (i) That Block 201 shall be conveyed to the Municipality for parkland purposes. (ii) That all lands shall be left in an untouched, natural state. All existing vegetation is to remain within the limits of the park site, including any significant trees at the property line. Existing grades/elevations are to be maintained at the property lines and within the park itself unless approval for site alteration is received in writing from the Manager, Parks Development or designate. (iii) That Prior to Assumption of the Block 201, the Manager, Parks Development shall be in receipt of a clearance memo from the Director of Environment & Sustainable Initiatives, indicating that the park site is environmentally clean. (iv) That Prior to the Commencement of any Clearing, Grubbing or Construction Work within 10 metres of the park blocks defined on the Draft Plan, the Owner shall: 1. Install page wire fencing around the periphery of the park site to protect the site. The Municipality will be responsible for the maintenance of the fence and its removal. 2. Post signage to Municipality specifications, on all accessible sides of each park block, which indicates: the future use of the block as a park; that no construction storage shall occur on this parcel of land nor shall any construction debris be dumped on this site; and that all trees and other vegetation must not be disturbed.

24 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 24 (v) That Prior to the Transfer of Deeds for the Parkland (Block 201) to the Municipality, the Manager, Parks Development or designate shall inspect the park site to ensure that the park is in a clean/natural state. The conditions on the site must be satisfactory to the Manager, Parks Development. If the park block(s) are in an unsatisfactory state, the Owner shall be held responsible for restoring the site to the Municipality s satisfaction. (c) The Municipality is in discussion with the Owner regarding potential acquisition of the Natural Open Space lands being described as Block 202. (d) That the Owner shall deed the lands described as Environmental Protection Area, without prejudice or compensation, to the Municipality, said land being described as Block 203. Text shall be included in the Subdivision Agreement between the Owner and Municipality, to advise all purchasers that these public lands are intended to remain in a naturalized condition, for the purpose of providing fish and wildlife habitat and opportunities for passive recreation, and that the lands may be subject to flooding and erosion from time to time. Risk management practices only will only be done on the land. No regular or periodic maintenance will be done on the subject parcel. 15. Tree Inventory / Street Trees: (a) That prior to any grubbing/clearing or construction on parcels of land not defined as roadways or servicing easements on the draft plan, the Owner shall receive final approval from the Municipality for a Tree Preservation Plan prepared for the subject lands. The final approved Tree Inventory Plan shall be prepared by a certified arborist (ISA approved), and shall set out the surveyed locations of all trees on the site. The tree inventory shall list the species, caliper size, condition, crown radius and indicate whether the tree is to be retained or removed. If trees 6 inches (150 mm) or more in diameter are to be removed from the subject lands, the developer will abide by the conditions of the tree removal permit under the Tree By-Law which may, at the Director of Planning and Development s discretion, include a tree preservation plan, a tree replacement plan or cash compensation for the value of the trees to be removed. If a tree is to be removed, a rationale for this action must be noted. If significant trees or groups of trees are identified to be retained in the tree inventory, a Tree Preservation Plan will be required prior to final approval at the discretion of the Municipality. This plan shall be reviewed and approved by the Municipality and be included as a schedule to the Subdivision Agreement. Requirements for the Tree Preservation Plan are noted in the subdivision design guidelines produced by the Municipality.

25 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 25 (b) That Prior to Final Plan Approval, the Owner shall submit a Street Tree Planting Plan prepared by a Landscape Architect to the satisfaction of the Municipality. (c) That a 1:1 replacement ratio has been applied to those trees in moderate condition. (d) That one replacement tree per 10 cm DBH removed ratio (1:10) will be applied to those trees in good condition. A minimum number of replacement trees will be based upon these ratios. This shall be reflected in the street tree and parks planting plans for this phase of subdivision. If any trees cannot be accommodated within this phase of the subdivision as per the criteria set out in the City of Kingston s subdivision guidelines for tree planting, the owner shall pay cash-in-lieu to the City at a value of $ per tree as per the Tree Bylaw. 16. Community Mailboxes: (a) That Prior to Final Plan Approval, the Owner shall, in consultation with and to the satisfaction of Canada Post, identify the location of community mailboxes within the Plan, and shall identify such locations on drawings for approval by the Municipality. The locations of these community mailboxes shall be identified in the notice to future purchasers of the lots within the Subdivision. (b) That Prior to Final Plan Approval, the Owner shall, in consultation with and to the satisfaction of the Municipality, provide detailed design plans for the community mailboxes including a landscape plan showing street furniture and complimentary architectural features. (c) That the Owner shall provide a suitable temporary community mailbox location(s) until the curbs, sidewalks and final grading have been completed at the permanent location(s). 17. Bell Canada Requirements: That the Owner shall meet the following conditions of Bell Canada: i. that the Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant Bell Canada any easements that may be required for telecommunications services; and, ii. that the Owner shall be requested to enter into an Agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality, or if no such conditions are imposed, the Owner shall advise the Municipality of the arrangements for servicing.

26 REPORT NO. 75: RECEIVED FROM THE PLANNING COMMITTEE Page 26 iii. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 18. TransNorthern Pipelines Requirements: (a) That approval from TransNorthern Pipelines shall be obtained prior to any work occurring within the easement or if work will cross the pipeline. (b) That prior to any excavation within 30 metres of the TransNorthern Pipeline easement, the owner/contractor shall contact TransNorthern Pipeline. (c) That prior to any work within the pipeline easement using heavy equipment, the owner/contractor shall contact TransNorthern Pipeline a minimum of 3 working days prior to commencement of the activity. 19. Hydro One Requirements: (a) That Prior to Final Plan Approval, the Owner/Subdivider shall submit to Hydro One the lot grading and drainage plan, showing existing and final grades, for review and approval. Drainage must be controlled and directed away from the Hydro One corridor. (b) That the following Warning Clauses/Notices as required by Hydro One shall be included in the Subdivision Agreement: The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186-Proximity-of the Regulations for Construction projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20feet) to an energized 500 kv conductor. The distance for 230kV is 4.5 metres (15 feet), and for 115 kv conductors is 3 metres (10 feet). It is the Owner s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line.