HomeMy WebLinkAboutFCS-13-149 - Encroachment Agmts related to LRT
REPORT TO:Committee of the Whole
DATE OF MEETING:
September 16, 2013
SUBMITTED BY: Steve Ross, Assistant City Solicitor
PREPARED BY:
Steve Ross, Assistant City Solicitor
WARD(S) INVOLVED: All
DATE OF REPORT: September 13, 2013
REPORT NO.:
FCS-13-149
SUBJECT:
Encroachment Agreements with the Regional Municipality of
Waterloo for LRT related infrastructure on road allowances
and other lands
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute any encroachment agreements with
the Regional Municipality of Waterloo for the installation and maintenance of, as well as
indemnification related to, LRT-related infrastructure, including video cameras on lands
owned by the City of Kitchener, subject to approval of the City Solicitor.
BACKGROUND:
The Region has approached City Staff recently about seeking permission to erect a fixed video
camera on the Ardelt Street road allowance to view the proposed LRT. It has been determined
by legal staff that an encroachment agreement is needed for this fixture. City staff anticipate
more of these requests with the final design of the LRT system.
REPORT:
The construction of the LRT will necessitate the location of structures on City road allowances.
While it is expected that a report will be brought forward later this year confirming the uploading
of LRT and other streets to the Region, it is likely that not all fixtures will be on the road
allowances of the uploaded streets. For example, in the request above, there is no intention
that Ardelt Street will be uploaded. The LRT in this area follows existing railway tracks, not
Ardelt.
To reduce staff and council time, Legal Services is proposing to streamline the process by
obtaining blanket authority for the Mayor and Clerk to execute encroachment agreements
related to this. This blanket authority in no way dispenses with the critical staff circulation to
various departments to determine if such encroachment is a risk to City or utility infrastructure.
Such encroachment proposals will still be circulated to all appropriate City departments, to avoid
risks to infrastructure and to ensure, where appropriate, a high level of urban design.
4 - 1
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Not applicable.
FINANCIAL IMPLICATIONS:
The Region is responsible for all costs associated with the installation of any and all LRT related
infrastructure and would be responsible for any relocation if so required.
COMMUNITY ENGAGEMENT:
Not applicable.
CONCLUSION:
It is appropriate to streamline these processes for the purposes of the LRT. The above
resolution does not compromise staff’s ability to review any proposed installations to ensure
there is no risk to the City’s infrastructure.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO, Finance and Corporate Services
4 - 2