CITY OF KINGSTON A REPORT TO · 2019. 12. 1. · Tina Todd, Daniel Hazel, Luis Talledo, Mary Shultz...

CITY OF KINGSTON i e

A REPORT TO COUNCIL - m

Commissioner Beach, Sustainability & Growth

Commissioner Segsworth, Public Works & Emergency Services

I Rer>ort No.: 07-295 I

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TO:

FROM:

Commissioner Hunt, Finance & Corporate Performance

Commissioner Thurston, Community Development Services

RESOURCE STAFF:

DATE OF MEETING:

SUBJECT:

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Mayor and Council

Mark Segsworth, Commissioner of Public Works & Emergency Services

Damon Wells, Director, Public Works Department

October 2,2007

PWES-PW-2007-8-SNOW PLOWING & SANDlNGlSALTlNG

Commissioner Leger, Corporate Services

Jim Keech, President, Utilities Kingston

EXECUTIVE SUMMARY:

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The City of Kingston annually requests proposals for the plowing and sandinglsalting of all of the various roads and streets, in the Kingston East area. The Purchasing Bylaw requires that Council approval be obtained when three bids have not been received. Only one bid was received. The purpose of this report is to seek Council's acceptance of that bid.

RECOMMENDATION:

That Council authorize the Mayor and Clerk to enter into a contract in a form satisfactory to the Director of Legal Services with Cruickshank Construction Limited, being the only bid received, for Tender PWES-PW-2007-08, Snow Plowing & SandinglSalting of Kingston East area roads and streets, at a bid cost of $210.00 per hour for 200712008 and for the 200812009 winter seasons at a bid cost of $215.00 per hour.

AUTHORIZING SIGNATURES:

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

(NIR indicafes consulfafion not required) 4

COUNCIL MEETI,RaG? 0 CGT i! 2 ‘0’7 Report No.: 07-295 REPORT TO COUNCIL.

October 2,2007 - -

OPTIONSIDISCUSSION: Tender PWES-PW-2007-8, “An Invitation for Snow Plowing & SandinglSalting”, was publicly advertised through the local newspaper and on our City Website. The Tender was opened on the stated date and the results are as follows:

Items 1 & 2- For Snow Plowing & SandinglSalting on various arterial roads & local roads, and streets in CFB Kingston:

Cruickshank Construction Ltd 200712008 200812009 $210.00 per hour $215.00 per hour

The contracted price, awarded to Cruickshank Construction Ltd for 200512006 was $192.00per hour, for a total cost of $801,138 and for the 200612007 season was $198.00 per hour, for a total cost of $975,600.

EXISTING POLlCYlBY LAW:

Purchasing Bylaw 2000-1 34.

NOTICE PROVISIONS:

Not applicable

ACCESSMLITY CONSIDERATIONS:

Not applicable

FINANCIAL CONSIDERATIONS:

Funds have been approved in the 2007 Public Works Budget to cover the cost of these winter control activities up to December 31,2007. Sufficient funds will be budgeted in the 2008 and 2009 Public Works Department budget.

CONTACTS: nla

OTHER CITY OF KINGSTON STAFF CONSULTED: nla

EXHIBITS ATTACH ED: nla

CITY OF KINGSTON REPORT TO COUNCIL

~~

Commissioner Segsworth, Public Works & Emergency Services Commissioner Hunt, Finance & Corporate Performance

Report No.: 07-300

NIR

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TO: Mayor and Council

FROM:

RESOURCE STAFF:

Lance Thurston, Commissioner, Community Development Services

Terry Willing, Director of Building and Licensing Kim Leonard, Manager, Licensing and Enforcement

DATE OF MEETING: 2007-1 0-1 6

SUBJECT: Appointment of Municipal By-Law Enforcement Officers

EXECUTIVE SUMMARY:

The purpose of this report is to seek appointment of Municipal By-Law Enforcement Officers who have been hired into replacement positions.

RECOMMENDATION:

THAT a by-law be presented to amend By-Law No. 98-9 “A By-Law To Appoint Municipal Law Enforcement Officers Of The Corporation Of The ‘New’ City Of Kingston” under Section 1, to delete Debbie Boylan, Ashley Tipper, John Pollock, Jordan McGregor, Brenda Snyder, Pat Hogan, Paul Carleton, Steven Knetsch, Lisa Moore, Brandi Timpson and Tom Tucker, and add Tina Todd, Daniel Hazel, Luis Talledo, Mary Shultz and Eric Mercer as By-Law Enforcement Officers and Jamie McKinnon as an Enforcement Agent, all of whom will be appointed as Municipal Law Enforcement Officers who shall be Peace Officers for the purpose of enforcing the by-laws of the Municipality, as provided for under Section 15 of the Police Services Act RSO 199O(c) P15, as amended; and further,

THAT the by-law receive all three readings.


I Commissioner Beach, Growth & Susfainabilify I NIR I

I Commissioner Leger, corporate Services I NIR I I Jim Keech, President, Utilities Kingston I NIR 3

REPORT TO COUNCIL Appointment of Municipal B y-Law Enforcement Officers

2007-10-16 - Page 2 -

Report No.: 07-300

OPTIONS/DISCUSSION: Under the Police Services Act, the City may appoint one or more Municipal Law Enforcement Officers who shall be peace officers for the purpose of enforcing the by-laws of the Municipality. These employees are to replace vacant part-time By-Law EnforcemenVAnimal Control Officer positions and a vacant Licensing Inspector position which has been re-titled Enforcement Agent.

Staff has also reviewed the list of persons having previously received authorization under the Appointments.By-Law 98-9 and has identified those who are no longer employed by the City or whose position with the City no longer requires such authority. These names have been included for deletion in the attached amending by-law.

EXISTING POLlCYlBY LAW: By-Law No. 98-9 "A By-Law To Appoint Municipal Law Enforcement Officers Of The Corporation Of The 'New' City Of Kingston".

NOTICE PROVISIONS: NIA

ACCESSIBILITY CONSIDERATIONS: NIA

FINANCIAL CONSIDERATIONS: The approval of this recommendation will not increase the number of full-time equivalent staff and will therefore not require any changes to the budget.

CONTACTS: Kim Leonard, Manager, Licensing and Enforcement, 61 3-546-4291, ext. 3222 Greg McLean, Supervisor, By-Law Enforcement and Animal Control, 61 3-546-4291, ext. 1336

OTHER CITY OF KINGSTON STAFF CONSULTED: Human Resources

EXHIBITS AllACH ED: Exhibit A - By-law amendment

4

REPORT TO COUNCIL Appointment of Municipal By-Law Enforcement Officers

2007-10-16 - Page 3 -

Report No.: 07-300

EXHIBIT “A” Report to Council No. 07-xxx

Clause XI Report X, 2007

BY-LAW NO. 2007-xxX

A BY-LAW TO AMEND BY-LAW .98-9 “A BY-LAW TO APPOINT MUNICIPAL LAW ENFORCEMENT OFFICERS OF THE CORPORATION OF THE “NEW” CITY OF KINGSTON to delete Debbie Boylan, Ashley Tipper, John Pollock, Jordan McGregor, Brenda Snyder, Pat Hogan, Paul Carleton, Steven Knetsch, Lisa Moore, Brandi Timpson and Tom Tucker, and to add Tina Todd, Daniel Hazell, Luis Talledo, Mary Shultz, Eric Mercer and Jamie McKinnon for the purpose of enforcing the By-Laws of the City of Kingston.

WHEREAS pursuant to Section 15 of the Police Services Act, R.S.O. 1990, c.P.15, the Council of The Corporation of the City of Kingston may appoint one or more municipal law enforcement officers who shall be peace officers for the purpose of enforcing the By-Laws of the municipality;

THEREFORE the Council of the Corporation of the City of Kingston enacts as follows: 1. THAT By-Law 98-9, “A by-law to appoint Municipal Law Enforcement Officers of The Corporation of the “New”

City of Kingston”, as amended, is hereby further amended under Sec. 1:

Delete: Debbie Boylan Ashley Tipper John Pollock Jordan McGregor Brenda Snyder Pat Hogan Paul Carleton Steven Knetsch Lisa Moore Brandi Timpson Tom Tucker

- Add: Tina Todd Daniel Hazell Luis Talledo Mary Shultz Eric Mercer Jamie McKinnon

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REPORT TO COUNCIL Appointment of Municipal By-Law Enforcement Officers

2007-10-16 - Page 4 -

Report No.: 07-300

2. THAT this by-law shall come into force and take effect on the date of its passing.

GIVEN FIRST AND SECOND READINGS:

GIVEN THIRD READING AND FINALLY PASSED:

CITY CLERK MAYOR

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CITY OF KINGSTON I

29

m ,A, REPORT TO COUNCIL

I Report No.: 07-305 I TO: Mayor and Council

FROM: Lance Thurston, Commissioner, Community Development Services Group

RESOURCE STAFF: Mark Fluhrer, Director, Culture & Recreation Department Robin Etherington, Manager, Culture & Heritage Division

DATE OF MEETING: 2007-10-16

SUBJECT: 2007 City of Kingston Arts Fund - Grant Recommendations

EXECUTIVE SUMMARY:

During the 2007 operating budget process, Council approved the establishment of a 2007 Arts Fund and allocated a total of $500,000 to this fund. Council asked the Kingston Arts Council (KAC) to administer the 2007 City Arts Fund on behalf of the City of Kingston. The Kingston Arts Council established an administration for the City’s Arts Fund. The administrators established a process that included writing grant application forms and guidelines, a tracking system for the applications, information sessions for both project and operating grant applications, review committee selection and the actual review process of the applications.

Council appointed two Councillors and a City staff member to participate on the review committees.

The review committees for both the project and operating grant applications met and reviewed all of the applications in both categories - operating grants and project grants. The Kingston Arts Council met on September 25,2007 to review and ratify the committees’ recommendations for grants. The KAC‘s responsibility is to ensure that protocol and process are followed. The review committees’ responsibility is to review all of the applications according to the process set out by KAC. Their recommendations for which projects receive project grants and which not-for-profit arts organizations receive operating grants from the 2007 City Arts Fund are listed in Exhibit ‘A.

RECOMMENDATION:

That Council approve the Kingston Arts Council’s recommendations for both project and operating grants from the City of Kingston’s 2007 Arts Fund.

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REPORT TO COUNCIL 2007 City of Kingston Arts Fund -Grant Recommendations

2007-1 0-1 6 - Page 2 -


Commissioner Segsworth, Public Works & Emergency Services

Commissioner Hunt, finance & Corporate Performance

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N/R -

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Commissioner Leger, Corporate Services NIR V .

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Jim Keech, President, Utilities Kingston N/R

Report No.: 07-305

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(N/R indicates consultation not required)


2007-1 0-1 6 - Page 3 -

Report No.: 07-305

OPTIONS/DISCUSSION: During its 2007 operating budget process, Council established a 2007 City of Kingston Arts Fund consisting of $500,000. At the May 15,2007 Council meeting, Council accepted the Kingston Arts Council's business plan as the basis for an agreement with the Kingston Arts Council to administer the 2007 City of Kingston Arts Fund on behalf of the City.

KAC established an administration to handle the City Arts Fund, including writing protocol, application forms and guidelines and establishing review committees. Council appointed Councillors Ed Smith and William Glover to sit on the operating grants review committee, and Councillors William Glover and Rob Hutchinson to sit on the project grants review committee. Robin Etherington, Manager, Culture & Heritage Division, worked with the KAC Arts Fund administrators throughout the process as well as sat on the review committees. Councillors and City staff were non-voting members of the review committees.

The Project Grants Review Committee (voting) was comprised of Gary Wagner, Helen Humphreys, Frank Nulf, Clarke Mackey, Jim Coles and the Chair of the Committee was Ian Hodkinson.

'

The Operating Grants Review Committee (voting) was comprised of Nancy Helwig, Colin Wright, Melanie Dugan, John McDougall, Ricardo Gomez and the Chair of the Committee was Ian Hodkinson.

The total project funding applied for was $373,685.72 and the total number of project applicants was 32. The total project funding recommended is $130,000 and the total number of projects recommended for funding is 17.

The total operating funding applied for was $535,000 and the total number of operating applicants was 14. The total operating funding recommended is $300,000 and the total number of registered not-for-profit arts organizations recommended for operating funding is 8.

EXISTING POLICY/BY LAW: NIA



FINANCIAL CONSIDERATIONS: Council approved the transfer of $100,000 from the 2007 Healthy Community Fund ($190,000 remains) to be coupled with an additional $400,000 to establish the 2007 City of Kingston Arts Fund. The newly formed Arts Fund will provide operating and project based grants to arts organizations and not-for-profit organizations that do art programs.

KAC received a $50,000 administration fee and a $20,000 operating grant. $300,000 was allocated for operating grants for registered not-for-profit arts organizations and $1 30,000 was allocated for project grants for registered not-for-profit arts organizations and arts collectives with a sponsoring organization.

CONTACTS: Mark Fluhrer, Director, Culture & Recreation Department Robin Etherington, Manager, Culture & Heritage Division

61 3-546-4291 ext. 1342 . 61 3-546-4291 ext. 1255

9


2007-1 0-1 6 - Page 4 -

Report No.: 07-305

OTHER CITY OF KINGSTON STAFF CONSULTED: Alan McLeod, Senior Legal Counsel, Legal Services Department Desiree Kennedy, Director, Financial Services Department

61 3-546-4291 ext. 1237 61 3-546-4291 ext. 2220

EXHIBITS ATTACHED: Exhibit 'A' List of Organizations who received a 2007 City of Kingston Arts Fund Grant - Project and Operating Grants

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CITY OF KINGSTON

REPORT TO COUNCIL rn K W ~ ~ N

Report No.: 07-311 I TO:

FROM:

RESOURCE STAFF:

DATE OF MEETING:

SUBJECT:

Mayor and Council

Gerard Hunt, Commissioner of Finance and Corporate Performance

SAME

2007-10-16

Amendment to Fees and Charges Bylaw 2005-10

EXECUTIVE SUMMARY:

On September 1 8,2007 (report 07-287, Budget Guidelines) council approved a recommendation from staff to amend the city’s fees and charges to reflect annual Consumer Price Index increases plus a 1 YO incremental adjustment for capital purposes. The recommendation in this report reflects council’s direction of updating the policies and by-law.

RECOMMENDATION:

That council amend by-law 2005-10, as amended “A By-Law to Establish Fees and Charges to be Collected by the Corporation of the City of Kingston”

by repealing section 2 (a)

“That fees and charges shall be adjusted annually by the Consumer Price Index composite index from October 1 to September 30 of the previous year, where feasible”

and replacing it with

“That fees and charges shall be adjusted annually, on January 1, by the Consumer Price Core Index of the third quarter of the prior year plus 1% for capital purposes, where feasible”


I Commissioner Beach, Sustainability & Growth I N/R I Commissioner Segsworth, Public Works & Emergency Services



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1 Commissioner Leger, Corporate Services I I Jim Keech, President, Utilities Kingston I N/R I

REPORT TO COUNCIL. October 16,2007

- Page 2 -

Report No.: 07-311

OPTIONS/DISCUSSION:

This report makes a recommendation to amend the fees and charges by-law to reflect the following resolution passed by council on September 18,2007:

“that policies and by-laws for general rates and fees be amended to be consistent with the property taxation policy, to reflect annual increases recognizing inflation and a I % incremental adjustment for capital purposes ”.

EXISTING POLICY/BY LAW:

Not applicable

NOTICE PROVISIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable


The recent financial forecasts for the year 20,, to line with inflation plus the 1 % incremental adjustment for capital purposes.

CONTACTS:

Gerard Hunt, Commissioner, Finance and Corporate Performance

reflect property taxation levels and user fees in

546-429 1, Ext. 2205

OTHER CITY OF KINGSTON STAFF CONSULTED:

Corporate Management Team

EXHIBITS ATTACHED:

Appendix A - Draft by-law to amend by-law 2005-10 “A By-Law to Establish Fees and Charges to be Collected by the Corporation of the City of Kingston”, including Schedule A

Report 07-31 1 Appendix A

BY-LAW NO. 2007-

A BY-LAW TO AMEND BY-LAW NO. 2005-10 “A BY-LAW TO ESTABLISH FEES AND CHARGES TO BE COLLECTED BY THE CORPORATION OF THE CITY OF KINGSTON”

PASSED:

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

1. By-law no. 2005-10 of The Corporation of the City of Kingston entitled “A By-law To Establish Fees and Charges to be Collected by the Corporation of the City of Kingston” is hereby amended.

2. Section 2 (a) is repealed

“That fees and charges shall be adjusted annually by the Consumer Price Index composite index from October 1 to September 30 of the previous year, where feasible.”

And replaced with

“That fees and charges shall be adjusted annually, on January 1, by the Consumer Price Core Index of the third quarter of the prior year plus 1% for capital purposes, where feasible”

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

GIVEN FIRST AND SECOND READINGS

GIVEN THIRD READING AND PASSED

CITY CLERK MAYOR

I ReDort NO.: 07-284 I


TO:

FROM:

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RESOURCE STAFF:

DATE OF MEETING:

SUBJECT:

Mayor and Council

Mark Segsworth, Commissioner, Public Works and Emergency Services

Malcolm Morris, Director of Transportation

2007-1 0-1 6

School Bus Loading Zones

EXECUTIVE SUMMARY:

A revised by-law is required in order to implement consistent school bus loading zone parking regulations at all schools in the City. The revised by-law prohibits the stopping of any vehicle other than a school bus in all school bus loading zones from 7:30 am to 4:30 pm on school days only. This by-law change will decrease motorist confusion, make enforcement easier and will permit parking in the school bus loading zone outside of school hours.

RECOMMENDATION:

THAT City Council amend By-Law No. 24, "A By-Law For Regulating Traffic in the Highways Of The City of Kingston, Subject To The Provisions Of The Highway Traffic Act" as amended, in order to implement a consistent school bus loading zone policy at all schools in the City.

AUTHORIZING SIGNATURES:


Commissioner Beach, Sustainability & Growth 1 n/r

I Commissioner Segsworth, Public Works & Emergency Services I I I Commissioner Hunt, Finance & Corporate Performance

I / /


I Commissioner Leger, Corporate Services

REPORT TO COUNCIL. October 16,2007

- Page 2 -

Report No.: 07-284

OPTIONSIDISCUSSION:

School bus loading zones across the City currently vary from school to school. The Traffic Division has been working closely with Tri-Board Student Transportation Services in order to ensure that consistency is achieved City-wide, as the same regulations will apply at all bus loading zones at every school in the City. The revised by-law prohibits stopping any vehicle other than a school bus in all school bus loading zones from 7:30 am to 4:30 pm on school days only. Traffic Division staff expect to install all new signage by the end of this year.

The new regulations will make enforcement easier and lessen motorist confusion. As stopping is only to be prohibited from 7:30 am to 4:30 pm on school days, the bus loading zones will be available to passenger vehicles outside of these hours for special events at the school.


By-Law No. 24, "A By-law For Regulating Traffic in the Highways Of The Ciiy of Kingsfon, Subject To The Provisions Of The Highway Traffic Act".




Costs associated with this recommendation can be accommodated within the Traffic Division operating budget.

CONTACTS:

Deanna Green, P.Eng., Traffic Engineer] Transportation Department] Ph.613-546-4291 Ext.3170


Chris Sleeth, CET, Traffic Supervisor, Transportation Department, Ph.613-546-4291 Ext.3149 Greg MacLean, Supervisor, Parking & By-law Enforcement] Ph. 613-546-4291 Ext.1336

EXHIBITS ATTACHED:

Revised by-law Letter from Tri-Board Student Transportation Services

BY-LAW NO. 24 -TRAFFIC

47.

A BY-LAW TO AMEND BY-LAW NO. 24, “A BY-LAW FOR REGULATING TRAFFIC IN THE HIGHWAYS OF THE CITY OF KINGSTON, SUBJECT TO THE PROVISIONS OF THE HIGHWAY TRAFFIC ACT”, (AMEND SCHOOL BUS LOADING ZONES)

PASSED: , 2007

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

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

The following areas are hereby designated as School Bus Loading Zones and no vehicle shall stop or park in these areas at the time indicted in column 4:

BY-LAW No. 24 Section 47: (School Bus Loading Zones)

Add: -

Street

Adelaide Street

Bagot Street

Barrie Street

Clergy Street

Cowdy Street

School Bus Loading Zone

Location

98.5 metres west of Cowdy Street westerly 30.5 metres

From 17.8 metres south of Dufferin Street southerly 10.0 metres

Johnson Street to Brock Street

30.0 metres north of Barrie Street 17.5 metres northerly

Russell Street southerly 154.0 metres

Side

South

East

East

East

West

Times

7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Davs Onlv 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only

West

North

South

South

East

7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School

Cowdy Street From 23.0 metres south of Adelaide Street southerly 20.0 metres

Dundas Street 36.2 metres west of Toronto Street westerly 10.0 metres

Earl Street 43.7 metres east of McDonnell Street easterly 27.0 metres

Earl Street From 13.6 metres east of Frontenac Street easterly 40.0 metres

Days Only 7:30am to Frontenac Street 38.1 metres south of Earl Street to 30.5

metres north of Union Street 4:30pm School Days Only 7:30am to 4:30pm School Days Only

Kingscourt Avenue 47.5 metres north of First Avenue northerly 20.0 metres

West

Kirkpatrick Street 11.6 metres east of Kingscourt Avenue easterly 30.5 metres

North 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Davs Onlv

MacCauley Street From 17.2 metres west of Daly Street westerly 18.3 metres

North

MacDonnell Street 24.3 metres north of Dundas Street northerly 131.6 metres

East 7:30am to 4:30pm School Davs Onlv

McMahon Avenue From 23.0 metres west of Seaforth Road westerly 50.0 metres

North

South

East

South

West

West

7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School

McMahon Avenue 48.5 metres east of McMichael Street easterly 22.9 metres

Napier Street 52.0 metres north of Brock Street northerly 20.0 metres

Days Only 7:30am to 77.7 metres east of Byron Crescent easterly

39.0 metres Vorman Rogers )rive 4:30pm School

Days Only 7:30am to 92.0 metres south of Mulcaster Street

southerly 61 .O metres

68.5 metres north from James Street northerly 18.2 metres

Vorman Rogers )rive 4:30pm School

lays Only 7:30am to 4:30pm School lays Only

'atrick Street

20

Reddan Street South

Robert Wallace Drive

7:30am to 4:30pm School

Roosevelt Drive

South

South

South

East

North

North

South

West

Russell Street

4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only 7:30am to 4:30pm School Days Only

Seventh Avenue

ST. Martha Street

Sydenham Street

Unity Road

Van Order Drive

Woodfield Crescent

Wiley Street

57.4 meters east of Lakeview Avenue easterly 100.6 meters to the end

~~~

16.0 metres east of Richardson Drive easterly 45.0 metres

~~

58.0 metres north of Henderson Boulevard northerly 1 15.0 metres

14.0 metres west of Cowdy Street westerly 84.4 metres

66.0 metres east of Kingscourt Avenue easterly 50.0 metres

11.0 metres west of Molly McGlynn Street westerly 112.0 metres

23.0 metres north of Colborne Street to 30.0 metres south of Ordnance Street

In front of Elginburg Public School for a distance of 104 metres

50.0 metres east of Machar Place easterly 108.0 metres

39.0 meters west of Leyton Avenue easterly 99.0 meters

From 220.0 metres south of Weller Avenue southerly 15.0 metres

I 4:30pm School I

21

Delete:

47. The following areas are hereby designated as School Bus Loading Zones and no vehicle shall stop or park in these areas at any time:

ADELAIDE STREET South Side from 320 feet west of Cowdy Street 100 feet westerly

BAGOT STREET East Side

10.0 metres from 17.8 metres south of Dufferin Street southerly

BARRIE STREET East Side from Johnson to Brock

CLERGY STREET East Side from Johnson to Brock

DELETED

CLERGY STREET East Side from 26.8 metres north of Barrie 13.7 metres northerly COWDY STREET West Side

from Russell Street southerly 130 feet

COWDY STREET West Side from 285 feet south of Russell Streetsoutherly 122 feet to the endof the Regiopolis, Notre Dame High School Property

from 23.0 metres south of Adelaide Street southerly 20.0 metres

from 36.2 metres west of Toronto Street westerly 10.0 metres

COWDY STREET West Side

DUNDAS STREET North Side

EARL STREET South Side from 43.7 metres east of McDonnell Street easterly 27.0 metres

from 13.6 metres east of Frontenac Street easterly 40.0 metres

FRONTENAC STREET East Side from 125 feet south of Earl Street to 100 feet north of Union Street

EARL STREET South Side

(Bv-Law No. 80-249 - 1980)

(By-Law No. 24; 2006-198)

(By-Law No. 82-178 - 1982)

(Bv-Law No. 82-178 - 1982)

(By-Law No. 24; By-Law No.2005-284) (By-Law No. 24; By-Law No.2005-284)

(By-law No. 84-301 - 1984)

(Bv-Law No. 84-301 - 1984)

(By-Law.No. 24; 2006-198)

(By-Law No. 24; By-Law No. 2006-198)

(By-Law No. 24; By-Law No. 2006-198)

(By-Law No. 24; By-Law No. 2006-198)

(By-Law No. 96-288 - 1996)

22

GILMOUR AVENUE East Side from 163 feet south of Phillips Street southerly 83 feet

KINGSCOURT AVENUE West Side - From 156 feet north of First Avenue 150 feet northerly

from 38 feet east of Kingscourt easterly 100 feet

MacCAULEY STREET from 17.2 metres west of Daly Street, westerly 18.3 metres

KIRKPATRICK STREET North Side

MACDONNELL STREET East Side from 80 feet north of Dundas northerly 432 feet

from 159 feet east of McMichael Street 75 feet easterly

McMahon Avenue 23.0 metres west of Seaforth Road westerly 50.0 m

NORMAN ROGERS DRIVE West Side from 354 feet south of Mulcaster southerly 200 feet

McMAHON AVENUE South Side

NORMAN ROGERS DRIVE South Side

(By-Law No. 96-288 - 1996)

(By-Law No. 88-249 - 1988; 96-353 - 1996)

(By-Law No. 8609 - 1975) North Side

(By-Law No. 24; 2006-198

(Bv-Law No. 91-132 - 1991)

(By-Law No. 88-249 - 1988)

(By-law No. 2004-1 1)

(By-Law No. 82-186 - 1982; 96-63 - 1996)

from 255 feet east of Byron Crescent easterly 138 feet

PATRICK STREET West Side from 225 feet north of James Street northerly 60 feet

(By-Law No. 91-38 - 1991)

(By-Law No. 95-89 - 1995) (By-Law No. 95-86 - 1995; 2003-6 - 2003) Deleted

ROBERT WALLACE DRIVE North Side from 16.0 metres east of Richardson Drive easterly 45.0 metres

(By-Law No. 2003-6 - 2003) RUSSELL STREET South Side

from 46 feet West of Cowdy Street 277 feet Westerly

(By-Law No. 89-41 - 1989) DELETED (By-law No. 2004-1 1)

St. MARTHA STREET South Side School Days Only From 1 1 .O metres west Molly McGlynn Street westerly 112.0 meters

(By-law No. 2004-325) SEVENTH AVENUE South Side

from 213 feet east of Kingscourt 65 feet easterly

DELETED (By-Law No. 94-156 - 1994)

(By-Law No. 8609 - 1975; 2003-9 - 2003) SYDENHAM STREET East Side

23

From 23 metres north of Colborne Street to 30 metres south of Ordnance Street

VAN ORDER DRIVE North Side from 281 feet east of Machar Place easterly 242 feet

(By-Law No. 2003-9 - 2003)

DELETED

WILEY STREET ' from 191.5 metres south of Weller Avenue

southerly 15.0 metres

(By-Law No. 96-288 - 1996) (By-Law No. 95-75 - 1995;2006-198)

(By-Law No. 24; 2006-198 WILEY STREET

from 295 feet south of Weller Avenue southerly 124 feet

(By-Law No. 24; 2006-198

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

GIVEN FIRST AND SECOND READINGS ,2007

GIVEN THIRD READING AND PASSED ,2007

CITY CLERK MAYOR

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CITY OF KINGSTON i -

,A REPORT TO COUNCIL IIIIIT

I Report No.: 07-299 I TO: Mayor and Council

FROM:

RESOURCE STAFF:

Denis Leger, Commissioner of Corporate Services

Lorraine Thibadeau, Property Leasing Specialist

DATE OF MEETING: October 16,2007

SUBJECT: Grass Creek Park Tenancies Lease to Chris and Amanda Lyon License Agreement with Simon Andrew 2931 Highway #2 East, Kingston

EXECUTIVE SUMMARY:

On September 18,2007, the City acquired lands which are immediately adjacent to Grass Creek Park described as Part Lot 21, Concession 2, being Parts 1 , 2,3 and 4, Plan 12328, in the former Township of Pittsburgh.

Prior to closing the purchase transaction, staff determined that it would be in the City's best interests for the tenants of three of the buildings located on the lands to continue occupancy until such time as the City's plans for future development or use of the lands are finalized. The vacant buildings are insured for liability only as fire insurance is not available. Accordingly, the City provided the tenants with a letter of intent indicating that, subject to Council's approval, the City would enter into formal rental arrangements from the date of acquisition to September 30, 2008.

Staff members are recommending a residential lease for the tenancy in the two-storey house and a license agreement for the artist's studio. The lease provides the tenants with the right to exclusive use of the house as a residence and provides the tenant the right to use the leased land for purposes ancillary to a residence, such as planting gardens. A license agreement is being proposed for the artist's studio since the Agreement will not provide any interests in the lands. The permitted use is very specific to use of both the log cabin and the shed exclusively as an artist's studio, and further, the licensee does not have a full range of uses since the agreement specifically prohibits use as sleeping quarters as it is not to be used as a residence.

RECOMMENDATION:

THAT Council authorize the Mayor and Clerk to execute a lease agreement with Chris Lyon and Amanda Lyon for the house situated on Part Lot 21, Concession 2, being Parts 1 , 2, 3 and 4, Plan 12328 for the period September 18, 2007 to and including September 30,2008, at a monthly rental rate of $863;

- and further -

THAT Council authorize the Mayor and Clerk to execute a license agreement with Simon Andrew for the log cabin and the shed situated on Part Lot 21 , Concession 2, being Parts 1 , 2, 3 and 4, Plan 12328 for the period September 18, 2007 to and including September 30,2008, at monthly rental rate of $500.

25

REPORT TO COUNCIL.


October 16,2007 - Page 2 -

~~

NIR

Report No.: 07-299

AUTHORIZING SIGNATURES: -

Glen Laubenstein, Chief Administrative Officer



Commissioner Segsworth, Public Works & Emergency Services NIR



Commissioner Leger, corporate Services NIR

-.

(NIR indicates consultation not required)

REPORT TO COUNCIL. October 16,2007 - Page 3 -

Report No.: 07-299

OPTION SlDl SCUSSION : On September 18, 2007, the City acquired title to lands adjacent to Grass Creek Park described as Part Lot 21, Concession 2, being Parts 1 , 2,3 and 4, Plan 12328, in the former Township of Pittsburgh.

An older two-storey house and three other buildings which are referred to as the “log cabin”, the “shed” and the “barn” are situated on the land. The house is occupied by residential tenants while the log cabin and the shed are used as an artist‘s studio. The barn is unheated and, with no floor, would have limited use as cold storage. At the time of the City’s acquisition, the house was occupied by a monthly residential tenant at with a rental rate of $863 plus utilities; the log cabin and the shed were rent -free to the vendor‘s son and were used as an artist‘s studiohetreat when painting.

Prior to closing the purchase transaction, staff determined that it would be in the City’s best interests for the buildings to be occupied until such time as the City’s plans for the future development or use of the lands are finalized. The vacant buildings are insured for liability only as fire insurance is not available. Accordingly, the City provided the tenants with a letter of intent indicating that, subject to Council’s approval, the City would enter into formal rental arrangements from the date of acquisition to September 30,2008.

The net rental rate of $863 per month for the house is considered by staff to be a fair market rent and, therefore, no increase was implemented upon purchase. The space used as an artist‘s studio and which was formerly occupied rent free, will net a rent of $500 per month which rate is considered to be appropriate for theshort term. In both instances, the occupants will pay utilities in addition to the rents.

With the buildings being occupied staff will not be required to monitor the site as often and the buildings should be less vulnerable to random acts of vandalism.


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

NOTICE PROVISIONS:

NIA


FINANCIAL CONSIDERATIONS: The City will receive a combined net annual rent of approximately $17,000. The City will incur property taxes, estimated to be $3,200 annually whereas the tenants will be responsible for the heating costs, estimated at $1,500 and the buildings will be protected with fire insurance coverage. The cost of staff resources in monitoring the site should be substantially less with tenants on site as opposed to monitoring vacant buildings. The cost of snow removal is estimated at $400-$500 annually and is an expense which the City would incur with or without tenants in order to ensure access for maintenance of the buildings and emergency services.

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REPORT TO COUNCIL. October 16,2007 - Page 4 -

Report No.: 07-299

CONTACTS: Lorraine Thibadeau, Property Leasing Specialist (613) 546-4291, EA. 1839


Cynthia Beach, Commissioner of Sustainability & Growth (61 3) 546-4291, Ext. 1 150

EXHIBITS ATTACHED:

NIA

Since there is no plot plan it is not possible to attach an exhibit which would clearly indicate the position of the buildings on the lands.

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