HomeMy WebLinkAboutINS-18-022 - Ontario Infrastructure and Lands Corporation, Master Licence Renewal AgreementREPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 30, 2018
SUBMITTED BY: Denise McGoldrick, GM, Infrastructure Services, 519-741-2600
x4657
PREPARED BY: Eckhard Pastrik, Manager of Operations, 519-741-2600 x4598
WARD(S) INVOLVED: All Ward(s)
DATE OF REPORT: March 15, 2018
REPORT NO.: INS-18-022
SUBJECT: Ontario Infrastructure and Lands Corporation, Master Licence
Renewal Agreement,2018 to 2022 Recreational Use on
Hydro Lands
___________________________________________________________________________
RECOMMENDATION:
That subject to the satisfaction of the City Solicitor, the Chief Administrative
Officer or designate be authorized to execute a renewal of the Master Licence of
Land for Public Recreational Purposes Agreement with Ontario Infrastructure and
Lands Corporation (as agent for Her Majesty the Queen in right of Ontario as
represented by the Minister of Economic Development, Employment and
Infrastructure) for the portion of the hydro transmission corridor lands in the City
of Kitchener used for public recreational purposes.
Thatthe Chief Administrative Officer be delegated authority to sign future
renewals and/or amendments of the Master Licence of Land for Public
Recreational Purposes Agreement subject to the satisfaction of the City Solicitor.
BACKGROUND:
The City of Kitchener (City) entered into a Master Licence of Land for Public
Recreational Purposes Agreement (Agreement)for certain parcels of the Province of
dro transmission corridor lands (Lands) situated in the City to accommodate
public recreational uses such as trails, trail head parking lots and one winter rink
program site. The original master licence agreement signed on March 17, 2014 had a
term that extended to December 31, 2017. The Ontario Infrastructure and Lands
Corporation acting as agent on behalf of Her Majesty the Queen in right of Ontario as
represented by the Minister of Infrastructure is seeking to renew the Agreement for a
new 5-year term from January 1, 2018 to December 31, 2022 under the same terms
and conditions of the original Agreement.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4 - 1
Under the terms and conditions of the original Agreement, the City assumes
responsibility for the following:
a)Pay 50% of the realty taxes annually over the term of the Agreement related to
the portion of the licenced area that accommodates the recreational use.
b)Arrange for and maintain liability insurance satisfactory to the Minister of
Infrastructure;
c)Indemnify for any damages arising out of the City's use of the Lands.
d)Maintain the recreational infrastructure within the licenced Lands.
e)Perform grass cutting/flail mowing operations to maintain the hydro transmission
corridor lands in a neat and tidy condition.
f)Perform enforcement duties on the licenced Lands and hydro transmission
corridor lands (e.g. unauthorized use of Lands; encroachments).
REPORT:
Staff have collaborated with Ontario Infrastructure and Lands Corporation to capture
and reflect the current full extent of the Lands being used by the City to support the
recreational uses. The renewal Agreement captures a total area of 41.19 hectares
(101.78 acres) of which 5.80 hectares (14.32 acres) is used by the City to
accommodate the recreational uses.Appendix A, Hydro Corridor Transmission Lands
with Recreational Use outlines the individual segments of the Lands captured under the
Agreement and identifies the portion that the City has utilized to support the existing
recreational uses and contributes toward payment of the realty taxes annually. A map
of the location of the licenced Lands is also provided in Appendix A.
Staff will continue to monitor the addition of new hydro transmission corridor lands that
accommodate planned recreational uses that come online over the 5-year term of the
Agreement. Staff will work with Ontario Infrastructure and Lands Corporation to
appropriately integrate any new Lands into the Agreement and identify operational
implications related to additional maintenance of Lands. From time to time, Ontario
Infrastructure and Lands Corporation may require amendments to the Agreement,
usually for the purpose of accurately reflecting the lands involved.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
The City is responsible for payment of 50% of the annual realty taxes related to the
portion of the Lands that support recreational use. The cost for 2018 is $5,936.61 and
is funded from existing operations budget.
4 - 2
Staff will establish operational impacts of any new hydro transmission corridor lands and
the related City recreational infrastructure and identify operating budget implications
through annual budget process.
COMMUNITY ENGAGEMENT:
INFORM
advance of the council / committee meeting.
TheOntario Infrastructure and Lands Corporation acting as agent on behalf of Her
Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure
has been engaged to collaborate on capturing the current hydro transmission corridor
recreational infrastructure.
ACKNOWLEDGED BY: Denise McGoldrick,General Manager, Infrastructure Services
Department
4 - 3
Appendix A, Hydro Corridor Transmission Lands with Recreational Use
Table A1: Summary of Hydro Corridor Transmission Lands with Recreational Use
1
Ref.Park/LocationLicenced AreaTaxable AreaRecreational
#(Hectares/Acres)(Hectares/Acres)Use
Supported
1McLellan Park 12.61/31.171.83/4.53Trail
(Kingswood Dr. to Infrastructure
Williamsburg Rd.)
2Lawrence Ave. @ 0.89/2.190.17/0.41Trail
Highland Rd.Infrastructure
3Victoria St. @ Fischer 2.32/5.740.11/0.28Trail
Hallman Rd.Infrastructure
4Forest West Park 1.50/3.700.28/0.68Trail
(Old Maple Lane to Infrastructure
Forest West Park)
5Forest Heights 10.57/26.130.98/2.41Trail
Community Trail Infrastructure
(West of Royal
Orchard Pl.)
6Detweiler JCT (Bent 2.11/5.220.19/0.46Trail
Willow Dr.)Infrastructure
7Conestoga Pkwy 0.18/0.460.17/0.41Trail
(International Pl. @ Infrastructure
Wal-Mart)
8Chicopee & Idlewood 11.00/27.182.08/5.14Trail
Park (Morgan Ave. to Infrastructure,
Midland Dr.)Winter Rink
Total41.19/101.785.80/14.32
1.The taxable area is the portion of the lands that support recreational use
4 - 4
Figure A1, Location of Hydro Transmission Corridor Lands with Recreational Use
4 - 5
R
E
L
L
E
R
D
LD
IE
D
TCAL
N
N
T
S
N
I
L
K
N
A
R
F
T
I
N
A
M
D
R
E
T
S
E
H
C
N
D
L
E
I
F
W
L
L
I
H
Y
R
R
D
D
Y
R
N
E
T
S
CA
R
D
N
W
O
D
E
L
T
T
S
S
I
R
H
E
T
G
E
L
T
S
R
U
A
L
D
K
E
R
IN
B
W
O
H
A
G
N
A
R
T
S
R
D
Y
E
R
D
N
O
T
G
N
R
D
O
K
T
W
E
N
O
I
T
GG
H
IRANEEDLE
4-6