COUNCIL MEETINGO 8 MAR 2 1 '06

Report No.: 06-076

TO: Glen Laubenstein, Chief Administrative Officer

FROM: Lance Thurston, Commissioner, Community Development Services Group

RESOURCE STAFF: Greg Grange, Director, Community & Family Services Department

DATE OF MEETING: 2006-03-21

SUBJECT: Loughborough Housing Corporation Operating Agreement

EXECUTIVE SUMMARY:
Loughborough Housing Corporation is a Non-Profit Housing Provider with two seniors apartment
buildings situated side by side in Sydenham. Each project was developed under a different development
program. The former Provincial project (The Maple Ridge) was devolved to the Municipality and a new
operating agreement was signed between the Service Manager and the Housing Provider. The
administration of the Tripartite project (The Meadowbrook) was devolved from the Federal Government
to the Provincial Government and subsequently devolved to the Service Manager with its existing
operating agreement intact. The Social Housing Reform Act, 2000, permits the Service Manager and
Housing Providers to sign a new operating agreement.

The existence of two operating agreements for two seniors building owned by the one Housing Provider
has made the administration and funding of the Housing Pfovider more complex and difficult.

The purpose of this report is to:

1. Authorize the Mayor and Clerk to execute a new municipal operating agreement with Loughborough
Housing Corporation.

RECOMMENDATION:
WHEREAS Loughborough Housing Corporation has requested City Council to void The Meadowbrook
Tripartite operating agreement and to sign a new operating agreement with the Service Manager;
THAT Council requests the Ministry of Municipal Affairs and Housing (MMAH) to revoke
Loughborough' s current Tripartite operating agreement;
AND FURTHER that Council authorizes the Mayor and Clerk to sign a municipal operating agreement
with Loughborough Housing Corporation, in a form satisfactory to the City Solicitor, which will
encompass both The Meadowbrook and The MapleRidge projects.
 COUNCIL MEETINGO 8 NAR 2 1 '06
REPORT TO COUNCIL. Report No.: 06-076

- Page 2 -

/--
Development Services

G l e benstein, &ef
6-
Administrative Officer

2
 COUNClL MEETINGO 8 MAR 2 1 '06
APPENDICES TO REPORT # 06-076
March 21,2006

Page 1

OPTIONS/DISCUSSION:

As the two projects have different operating agreements and are therefore funded differently they must be
maintained as two different businesses fiom a financial perspective.

The Meadowbrook project has historically been under funded for administrative and maintenance issues.
The project currently has an accumulated deficit of $1,733.

The Housing Provider has requested that they be permitted to sign the same operating agreement for The
Meadowbrook project that is currently in place for The MapleRidge project.

Benefits for the Housing Provider would be a reduction of accounting duties as all financial records would
be based on the portfolio as opposed to a separate set of books for each project. The portfolio would have
an accumulated surplus as opposed to one project having an accumulated surplus and one an accumulated
deficit. This will allow the Housing Provider the flexibility to use maintenance funds more effectively
and where they are needed

The Housing Provider currently has two separate capital reserve funds. The ability to maintain one
capital reserve fund for the portfolio would again allow the Housing Provider the flexibility to use the
capital funds where they are needed.

Changing the operating agreements would allow the Service Manger to increase the administrative and
maintenance per unit allocation for The Meadowbrook to the same level as The MapleRidge. This small
increase of $279 per unit per year will help ensure the long term financial viability of the Housing
Provider.

EXISTING POLICY/BYLAW:
By-law No. 98-1, required the Mayor and Clerk to sign all agreements binding the Corporation.

NOTICE PROVISIONS:
There are no existing notice requirements under the Municipal Act concerning this subject, on record, to
date.

ACCESSIBILITY CONSIDERATIONS:
Copies of reports may be available in alternative formats and assisted listening devices may be provided
at the public meetings upon request two weeks prior to meeting date.

FINANCIAL CONSIDERATIONS:
The 2006 subsidy for Loughborough Housing Corporation would increase by $4,338. These costs would
be recovered fiom Frontenac County in the annual reconciliation of actual expenditures.

CONTACTS:
Lawrence Cleary, Supervisor of Finance, Community & Family Services Department (613)546-4291 ext.
1263

3
 APPENDICES TO REPORT # 06-076
March 21,2006

Page 2

DEPARTMENTWOTHERS CONSULTED AND AFFECTED:

*Gerard Hunt, Commissioner, Finance and Corporate Performance
*Susan Beckel/Liz FultodMarian VanBruinessen, County of Frontenac,
Alan McLeod, Senior Legal Counsel, Legal Services Division, City Hall
*Adele Lafiance, Manager, Administrative Services, Community & Family Services Department
Tanie Steacy, Manager, Program Delivery, Community & Family Services Department
Cheryl Mastantuono, Manager, Policy Development
*Sandra Weston, Administrator, Loughborough Housing Corporation
*Comments received have been incorporated and/or revised in the report.

EXHIBITS ATTACHED:
n/a
 COUNCIL MEETING0 8 MAR 2 1 ’06

CITY OF KINGSTON
REPORT TO COUNCIL

I R e D o r t No.: 06-083 I
~~ ~

TO: Mayor & Council

FROM: Denis Leger, Commissioner of Corporate Services

RESOURCE STAFF: Barclay Mayhew, Manager of Facilities

DATE OF MEETING: March 21,2006

SUBJECT: Clift’s Marine Sales (1992) Ltd. Lease with the City for a Portion
of the Portsmouth Olympic Harbour Park Building

EXECUTIVE SUMMARY:
Clift’s Marine Sales (1992) Ltd. proposes to lease a total of 364 rentable square feet to be used as a
satellite operation for its yacht brokerage business located in Mississauga. The Kingston site will
be utilized as an office for the business; no dock space is included in the lease; and no other
merchandise will be sold fiom this location.

RECOMMENDATION:
THAT Council authorize the City to enter into a lease with Clift’s Marine Sales (1992) Ltd. for 364
square feet in the Olympic Harbour Park Building for a period of two years and six months,
commencing April 1, 2006, to and including September 30, 2008, at a rental rate of $4,659.20 per
year, payable $388.27 monthly, in advance, said lease to be in a form satisfactory to the City’s
Solicitor.

Services

n
-
Glen=ubenstein, Chef Administrative Officer

5
 CQUlxClL. MEErhNGO 8 MAR 2 e '06
APPENDICES TO REPORT #06-083
March 21,2006
- Page 2 -

OPTIONS/DISCUSSION:
The terms of the lease allow the tenant to occupy the building rent-free from the date on which the
City executes the lease to and including March 3 1,2006 for the purpose of fitting up the premises.
The tenant will have the option to renew the lease for a further period of two years and six months
upon giving notice of its intent to renew at least six months prior to the expiration of the term. Rent
will be adjusted annually on April lSteach year commencing April 1,2007, to allow for any CPI
adjustment.

EXISTING POLICY/BY LAW:

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

NOTICE PROVISIONS:
NIA

ACCESSIBILITY CONSIDERATIONS:
NIA

FINANCIAL CONSIDERATIONS:
The proposed lease is for 364 square feet, at the rate of $12.80 per square foot, which includes a
component for taxes and operating costs and which is in keeping with current rental rates for this
building. Over the initial term of the lease, the City will receive $1 1,648.00.

CONTACTS:
Barclay Manager, Manager of Facilities 546-4291, Ext. 1233
Lorraine Thibadeau, Leasing Consultant 546-4291, Ext. 1839

DEPARTMENTWOTHERS CONSULTED AND AFFECTED:

Ed Leeman, Supervisor of Facilities Operations 546-429 1, Ext. 1805

EXHIBITS ATTACHED:
NIA
 COUNClL MEETINGO 8 MAR 2 1 '06
CITY OF KINGSTON
REPORT TO COUNCIL

I Report No.: 06-086

I
TO: Mayor and Council

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

RESOURCE STAFF: Joseph E. Davis, Manager of Brownfields and Initiatives

DATE OF MEETING: 2006-03-21

SUBJECT: Authorization for Mayor and Council to Execute a Grant Application to

the Federation of Canadian Municipalities in support of a Grant from
the Green Municipal funds for 1684183 Ontario Inc. to carry out an
environmental investigation and design study for the Davis Tannery Site.

EXECUTIVE SUMMARY:

The Federation of Canadian Municipalities (FCM) offers a number of grant programs to both the public
and private sectors to assist in implementing environmental friendly technologies when undertaking
projects that will benefit the community. One of the requirements of the Federation of Canadian
Municipalities is that the private sector must have a partnership relationship with the municipality in order
to be eligible to receive any funds through this program. An application to the City of Kingston under the
Community Improvement Program (CIP) Brownfields Project Areas 1A & 1B constitutes a partnershp
acceptable to the FCM. For the purpose of remediating and developing the Davis Tannery site, Kincore
Land Holdings and Conestoga-Rovers & Associates, have set up 1684183 Ontario Inc., and have made an
application to the FCM for a grant to assist in the development of the environmental assessment and the
design of a solution to deal with the environmental issues that exist on site.

The grant is for approximately $207,710. Any grant that 1684183 Ontario Inc. receives under this
program will reduce the amount of grant the City will pay to 1684183 Ontario Inc. under its Community
Improvement Program (CIP) Brownfields Project Areas 1A & 1B program. There is a provision within
the City's CIP that any other sources of grant funding will be deducted from any grants that will be paid
out under the program.

RECOMMENDATION:

That Council authorize the Mayor and the Clerk to execute the FCM application as the municipal
government partner on behalf of the City of Kingston in support of a grant for 1684183 Ontario Inc., to
carry out an environmental investigation and design study for the Davis Tannery site.
REPORT TO COUNCIL

- Page 2 -

Cynthia Beach, P.Eng.,

Commissioner, Sustainability & Growth Group

Glen Laubenstein, Ccef Administrative Officer

8
 CouNciL M E E ~ N G O8 NAW 2 1 '06
APPENDICES TO REPORT #06-086
March 21,2006

Page 3

OPTIONS/DISCUSSION:

By the City supporting this application, it has the potential of reducing the funds granted back to the
owners of the subject property. The signing of this application does not bind the City in any way to
obligations other than to acknowledge that 1684183 Ontario Inc. has applied for funding under the City's
Community Improvement Program (CIP) Brownfields Project Areas 1A & 1B.

EXISTING POLICY/BY-LAW:

Not applicable.

NOTICE PROVISIONS:

There are no notice provisions required for this report.

ACCESSIBILITY CONSIDERATIONS:

There are no accessibility considerations.

FINANCIAL CONSIDERATIONS:

The overall grants offered through the CIP Tax Increment -based Rehabilitation Grant Program (TIRGP)
will be reduced by any grant amount paid to 1684183 Ontario Inc. by the FCM (approximately $208,000).

CONTACTS:

Joseph E. Davis, Manager, Brownfields & Initiatives, Sustainability & Growth Group (546-4291 ext.
3 125)

DEPARTMENTWOTHERS CONSULTED AND AFFECTED:

Tony Fleming, Senior Legal Counsel, Legal Services, Corporate Services Group

EXHIBITS ATTACHED:

Not applicable.
 CITY OF KINGSTON COUNCIL MEETINGO 8 MAR 2 1 '0% \
REPORT TO COUNCIL \
I

I Report No.: 06-092 I

\
TO: Glen Laubenstein, Chief Administrative Officer

FROM: Lance Thurston, Commissioner, Community Development Services

RESOURCE STAFF: George Wallace, Director, Planning and Development Department

DATE OF MEETING: 2006-03-21

SUBJECT: Application for Part Lot Lift

File No. D27-002-2006
Greenwood Park, Phase 8, Kingston East
Greenwood Park Ltd. Partnership No. 1

EXECUTIVE SUMMARY:
Greenwood Park Ltd. Partnership No. 1 has applied for Part Lot Control fkom Lots 34-50 inclusive and 63
to 81 inclusive of Greenwood Park Subdivision, Phase 8.

RECOMMENDATION:

WHEREAS Greenwood Park Ltd. Partnership No. 1 has submitted an application requesting that Part
Lot Control be lifted from Lots 34-50 inclusive and Lots 63-81 inclusive, of Registered Plan No. 13M-60
in the Greenwood Park Subdivision, Phase 8, in Kingston East; and

WHEREAS the Owner has complied with the conditions for the Lifting of Part Lot Control:

THEREFORE BE IT RESOLVED that it be recommended to the Council of The Corporation of the

City of Kingston that the application to Lift Part Lot Control (Planning File No. D27-002-2006) for
Greenwood Park Subdivision, Phase 8, BE APPROVED.

AND BE IT FURTHER RESOLVED that a By-Law be passed to Lift Part Lot Control fkom Lots 34-50
inclusive and Lots 63-8 1 inclusive, Registered Plan 13M-60.

AND BE IT FURTHER RESOLVED that the By-Law be presented to receive all three readings from
City Council.

(The Draft By-Law is appended to this report as E h b i t A for Council's review and consideration.)
 COUNClL MEETINGU 8 MAK 6 1 UO
REPORT TO PLANNING COMMITTEE Report No: 06-092

- Page 2 -

Lance Thurston
Commissioner, Community Development Services

Chief Administrative Officer

11
 March 21,2006

Page 1

OPTIONS/DISCUSSION:
Origin:
Greenwood Park Ltd. Partnership No.1 has submitted an Application for Part Lot Lift for Lots 34-
50 inclusive and 63-8 1 inclusive of Registered Plan 13M-60. The purpose of this report is to assess
the merits of the request and to make a recommendation to Council on the Application to Lift Part
Lot Control.

Site LocatiodSite Description:

The lands that are the subject of this application constitute a portion of Greenwood Park
Subdivision, Phase 8. Lots 34-50 inclusive are located on the east side of Rose Abbey Drive and
Lots 63 -81 inclusive are located on the north side of St. Martha Street.

The Subdivision received Final Approval on September 20, 2005. The Plan is registered as Plan
13M-60 and the corresponding Subdivision Agreement is registered as FC12024.

Analysis

This subdivision creates 148 dwelling lots and one school block. The engineering plans and
supporting documents were reviewed, all the draft conditions of approval were fulfilled and the
subdivision agreement prepared. The Plan and Agreement were subsequently registered at the
Registry of Deeds. However, it has been subsequently discovered that a previous draft of the Plan
was inadvertently registered. This application corrects that error by amending the necessary lot
boundaries to correspond with the approved engineering drawings. No additional lots are being
created; only the reconfiguration of existing lots.

The Lifting of Part Lot Control for the Phase 8 of Greenwood Park Subdivision is considered to be
appropriate for the following reasons:
The Subdivision Agreement and all related conveyance documents have been executed
by the Owner and registered on title;
No additional lots will result and the engineering plans have been approved by the City
to provide for the servicing of each lot;
The approved zoning for the subject property provides for the construction of single
detached, semi-detached and row dwellings.

Procedural Information:
Applications to Lift Part Lot Control (Section 50 of the Planning Act) may be submitted to
facilitate the re-lotting of a portion of an existing registered plan and are not subject to the
holding of a public meeting. The Planning Act provides that the Council of the Municipality
may, by By-Law, provide that Section 50 (5) of the Planning Act does not apply to land that
is within a registered Plan or Plans of Subdivision or parts thereof. The lifting of Part Lot
Control allows for the reconfiguration of the lots without the necessity of each owner having
to apply to the Committee of Adjustment for a Consent to Conveyance. After the By-Law is
passed by Council, it is registered on title and the process is complete.

By-Laws to Lift Part Lot Control are typically technical in nature as the planning issues
related to the development and use of the subject lands have been established as part bf the
initial rezoning process. Also, any technical issues and required clearance letters are
1;
 Page 2

generally addressed through the Subdivision Review process and the standard Subdivision
Agreement. Pursuant to Council’s adopted procedures (Clause 5, Report No. 7, Meeting No.
2, held on 1998-12-15), reports dealing with applications for the Lifting of Part Lot Control
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 key decisions with respect to land use and the physical form of development have
been determined by the Planning Committee and City 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.

(e) Conclusion:
The Final Plan and Subdivision Agreement for the Phase 8 of Greenwood Park have been
registered. This application will necessitate the re-filing of the Registered Plan by the
Applicant.

EXISTING POLICY/BY-LAW:

The subject property is designated Residential in the Official Plan of the former Township of
Pittsburgh. On March 30, 2004, Council passed By-Law 2004-81 to rezone the residential portion
of the subject lands to ‘R5-6’ Modified Residential Type 5 and ‘R5-7’ Modified Residential Type
5 in order to permit the proposed development.

NOTICE PROVISIONS:
No Notice requirements necessary.

ACCESSIBILITY CONSIDERATIONS:

No barriers have been identified.

FINANCIAL CONSIDERATIONS:

No financial implications are to be considered in this report.

CONTACTS:

Wendy Tse, Acting Manager, Development Approvals, 546-429 1, ext. 32 19; and
George Wallace, Director, Planning and Development, 546-4291, ext. 3252.

DEPARTMENTWOTHERS CONSULTED AND AFFECTED:

EXHIBITS
Exhibit A - Draft By-Law to Lift Part Lot Control

13
 COUNCIL MEETINGO 8 MAR 2 1 '06
APPENDICES TO REPORT #06-092
March 21,2006

Page 3

BY-LAW NO. 2006-

A BY-LAW TO EXEMPT CERTAIN LANDS ON REGISTERED PLAN 13M-60 FROM THE

PROVISIONS OF SECTION 50 (5) OF THE PLAiVVING ACT, R.S.O. 1990, CHAPTER P.13,

AND AMENDMENTS THERETO (Lots 34-50 inclusive and Lots 63-8 1 inclusive, Greenwood

Park, Phase 8).

PASSED: ,2006

WHEREAS Section 50 (5) of the Planning Act, R.S.O. 1990, as amended, provides that no owner
may convey a part of any lot or block which is within a Registered Plan of Subdivision without the
consent of the Committee of Adjustment or Land Division Committee, as the case may be, unless
the land is being acquired or disposed of by the Federal or Provincial Government or by any
Municipality or that is being acquired for the construction of a transmission line; and

WHEREAS Section 50 (7) of the Planning - Act, R.S.O. 1990, as amended, provides that the

Council of the Municipality may, by By-Law, provide that Section 50 (5) of the Planning Act does
not apply to the land that is within a registered plan or plans of Subdivision or parts thereof; and

WHEREAS Greenwood Park Ltd. Partnership No. 1 has requested an exemption fiom Part Lot
Control for Lots 34-50 inclusive and Blocks 63-81 inclusive of Registered Plan 13M-60, such
exemption being for the purpose of allowing the sale of residential lots permitted by the 'R5-6'
and 'R5-7' zoning provisions of Zoning By-Law No. 32-74, as amended:

NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of
Kingston hereby ENACTS as follows:

1. Subsection (5) of Section 50 of the Planning Act, R.S.O. 1990 as mended does not apply to
Lots 34-50 inclusive and Lots 63-81 inclusive of Registered Plan 13M-60.

2. Schedule "A" is hereby declared to form part of this By-Law.

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 ,2006.

Mayor, Harvey Rosen City Clerk, Carolyn Downs

14
I/
The Corporation of the City of Kingston
Schedule 'A' to
By-law 2006- Legend:

r
Applicant: Greenwood Park Developments
File No.: D27-02-2006 Subject Site Affected
Address: Greenwood Park, Phase 8 by this By-law
Plan No.: RP 1974 8. Lot 40, 13M-12
LotlCanc.: Con East of Great Cataraqui River; Pt Lts 5,6,7,8,9; Blks 122,140,141
a division of Roll No.: 101109009021000; 101109009021065; 101109009021066; 101109009020939
Planning &

0 125 250 375 500m

~ Metric
This map IS not to be used for preclse scallng.
15
K\D2~006\D27-02-2006KeyMap
Date March 15, 2006 Prepared b y C.Theng