orders of the day...municipalities, national housing policy options team in the amount of $1,700.00....

36
CITY COUNCIL MEETING NO. 24 2001-09-25 at 7:30 p.m. in the Council Chamber, City Hall. “In Camera” Meeting of the Committee of the Whole from 6:15 p.m. to 7:30 p.m. in the Councillors’ Lounge. ORDERS OF THE DAY Page No. Committee of the Whole “In Camera” .............................................................. 3 Disclosure of Pecuniary Interest ....................................................................... 3 Presentations ....................................................................................................... 3 Delegations .......................................................................................................... 3 Petitions ............................................................................................................... 3 Report No. 82 of the Committee of the Whole............................................... 4 Report No. 83 of the C.A.O ............................................................................... 7 a) Tender: 2002 Model Year Packer Truck (C311) Schedule Pages 1-2 b) Temporary Street Closure: Chilifest (C312) Schedule Pages 3-4 c) Removal of -H Symbol, Shore Road (C309) Schedule Pages 5-12 d) Amendment to Construction By-Law 2000-102 (C306) Schedule Pages 13-15 e) Amendment to Construction By-Law 2000-103 (C305) Schedule Pages 16-18 f) Removal of -H Symbol, Westbrook Road (C322) Schedule Pages 19-26 g) Electronic Service Delivery Project (C320) Schedule Pages 27-29 h) Amend By-Law No. 98-259, Debenture Purposes (C307) Schedule Pages 30-34 i) Amendment to Construction By-Law 99-239 (C319) Schedule Pages 35-42 j) Application for Part Lot Lift, Boxwood Street (C329) Schedule Pages 43-50 k) Appointment of Municipal Parking By-Law Enforcement Officer (C323) Sch. Pgs 51-52 l) Monthly Parking Spaces in Attended Lots (C325) Schedule Pages 53-55 m) Removal of Existing Community Safety Zones (C252) Schedule Pages 56-64 n) Parks Canada Commemorative Plaque -Douglas R. Fluhrer Park (C313) Sch. Pgs 65-71 Notice: Pursuant to Section 300 (1) (b) of the Municipal Act , R.S.O. 1990, c.M.45, The Council of the Corporation of the City of Kingston will hold a public meeting at 7:30 p.m. in Council Chambers regarding By-Law No. 2001-190, “A By-Law To Stop Up And Close The Public Lane Off Clarence Street Located Adjacent to And Behind 77 Clarence Street For The Duration Of The Construction Of A Multi-Storey Building, Of Which 3 Levels Are To Be Constructed Below Street Grade”, to hear any person who has applied to be heard that their lands will be prejudicially affected by the by- law.

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  • CITY COUNCIL MEETING NO. 24

    2001-09-25 at 7:30 p.m. in the Council Chamber, City Hall.

    “In Camera” Meeting of the Committee of the Whole from 6:15 p.m. to 7:30 p.m. in the Councillors’ Lounge.

    ORDERS OF THE DAY

    Page No. Committee of the Whole “In Camera” .............................................................. 3

    Disclosure of Pecuniary Interest....................................................................... 3

    Presentations ....................................................................................................... 3

    Delegations .......................................................................................................... 3

    Petitions ............................................................................................................... 3

    Report No. 82 of the Committee of the Whole............................................... 4

    Report No. 83 of the C.A.O ............................................................................... 7

    a) Tender: 2002 Model Year Packer Truck (C311) Schedule Pages 1-2 b) Temporary Street Closure: Chilifest (C312) Schedule Pages 3-4 c) Removal of -H Symbol, Shore Road (C309) Schedule Pages 5-12 d) Amendment to Construction By-Law 2000-102 (C306) Schedule Pages 13-15 e) Amendment to Construction By-Law 2000-103 (C305) Schedule Pages 16-18 f) Removal of -H Symbol, Westbrook Road (C322) Schedule Pages 19-26 g) Electronic Service Delivery Project (C320) Schedule Pages 27-29 h) Amend By-Law No. 98-259, Debenture Purposes (C307) Schedule Pages 30-34 i) Amendment to Construction By-Law 99-239 (C319) Schedule Pages 35-42 j) Application for Part Lot Lift, Boxwood Street (C329) Schedule Pages 43-50 k) Appointment of Municipal Parking By-Law Enforcement Officer (C323) Sch. Pgs 51-52 l) Monthly Parking Spaces in Attended Lots (C325) Schedule Pages 53-55 m) Removal of Existing Community Safety Zones (C252) Schedule Pages 56-64 n) Parks Canada Commemorative Plaque-Douglas R. Fluhrer Park (C313) Sch. Pgs 65-71

    Notice: Pursuant to Section 300 (1) (b) of the Municipal Act, R.S.O. 1990, c.M.45, The Council of the Corporation of the City of Kingston will hold a public meeting at 7:30 p.m. in Council Chambers regarding By-Law No. 2001-190, “A By-Law To Stop Up And Close The Public Lane Off Clarence Street Located Adjacent to And Behind 77 Clarence Street For The Duration Of The Construction Of A Multi-Storey Building, Of Which 3 Levels Are To Be Constructed Below Street Grade”, to hear any person who has applied to be heard that their lands will be prejudicially affected by the by-law.

  • CITY COUNCIL MEETING NO. 24 Agenda Page 2 2001-09-25

    ORDERS OF THE DAY Continued

    Page No. Report No. 83 of the C.A.O (Continued) o) Tender: Storage Building, Kingston Airport (C315) Distributed separately p) Application to Lift Part Lot Control: Cataraqui Woods Subdivision (C332) Pgs 125-133

    Report No. 84 of the C.A.O ...........................................................12

    1. Use of “Kingston”, Gold Wing Road Riders Assoc. (C321) Schedule Pages 72-75 2. Temporary Lane Closure, Clarence Street (C328) Schedule Pages 76-78 3. Temporary Encroachment on Clarence Street (C317) Schedule Pages 79-87 4. Application for Outdoor Patio: Coffee & Co. (C314) Schedule Pages 88-98 5. Roofing Dome at City Hall (C318) Schedule Pages 99-103 6. Interim Service Agreement - Bill 128 (C331) Schedule Pages 104-108 Report No. 85 of the Local Architectural Conservation Advisory

    Committee..................................................................................16

    Information Reports. ......................................................................18

    1. Closed Belle Park Landfill Site - Summary (C330) Schedule Pages 109-110 2. COGECO Schedule Pages 111-112 3. Land Acquisition Policies-Little Cataraqui Watershed (C333) Schedule Pgs 134-168

    Miscellaneous Business. .................................................................18

    Motions .........................................................................................19

    Notices of Motion..........................................................................21

    Minutes..........................................................................................21

    Tabling of Documents .........................................................................................21

    Communications ..................................................................................................22

    Other Business .....................................................................................................26

    By-Laws ................................................................................................................26

    Adjournment ....................................................................................30

  • CITY COUNCIL MEETING NO. 24 Agenda Page 3 2001-09-25

    (Councillor’s Lounge) ROLL CALL

    COMMITTEE OF THE WHOLE “IN CAMERA” (A) That Council resolve itself into the Committee of the Whole “In Camera” to consider the following

    item(s): 1. Legal Matters

    (Council Chamber) ROLL CALL DISCLOSURE OF PECUNIARY INTEREST REPORT OF THE COMMITTEE OF THE WHOLE “IN CAMERA” (B) That Council rise from the Committee of the Whole “In Camera” without reporting.

    PRESENTATIONS (1) Mayor Turner will present Certified Municipal Manager certificates (CMM) to Elizabeth Cashman,

    Community Liaison Officer, and Lindsay Reiach, Manager, GIS. The CMM designation is obtained through the Ontario Municipal Management Institute.

    (File No. CSU-C13-00-01) (2) Tom Greening and Dave Jackson from the Kingston Not For Profit Housing Association will

    show a short (5 minute) video which will bring Council up-to-date on the not-for-profit housing situation in Kingston.

    (File No. CSU-C13-00-01)

    DELEGATIONS (1) Mr. Peter Gray and Ms. Susan Reid will be present with regard to Utilities Kingston’s decision

    to install new hydro poles in the vicinity of Oakridge, Gibson, College and Churchill Streets. (File No. CSU-C13-00-01) (2) Mr. David Peach, owner, Coffee & Co. will be present to speak to his application for an outside

    patio. (See Clause 4, Report No. 84) (File No. CSU-C13-00-01)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 4 2001-09-25

    PETITIONS REPORTS REPORT NO. 82 OF THE COMMITTEE OF THE WHOLE

    Report No. 82

    2001-09-18

    To the Mayor and Members of Council: The Committee of the Whole reports and recommends as follows: 1. WHEREAS the City of Kingston as the Consolidated Municipal Service Manager for Ontario

    Works provides mandatory Emergency Hostel Services through purchase of service agreements with four (4) local service providers, and

    WHEREAS the Ministry of Community and Social Services has approved an increase to the maximum emergency shelter per diem payable for these services, and WHEREAS local emergency shelter service providers have advised the City that their costs to provide homeless shelters within the community are not fully covered by the current per diem rates paid, and WHEREAS some local emergency shelter providers have experienced increased service demands in the first half of 2001 related to the need for longer “lengths of stay” at emergency shelters to effectively support homeless individuals while they secure more permanent accommodations. THEREFORE BE IT RESOLVED that City Council hereby authorizes the Mayor and City Clerk to execute revised Purchase of Service contracts with Emergency Hostel service providers, in a form that is satisfactory to the Director of Legal Services and which will reflect an increase of per diem rates for emergency shelter provision from the current rate of $34.44 to the new provincial maximum rate of $38.00 effective Sept 1, 2001; as well as increases to the financial allocations of the Emergency Hostel Purchase of Service Contracts as outlined in the Report to Council of 2001, 09, 18 (CW072). AND FURTHER that Council approves a change to the City’s local emergency hostel business practice, increasing the pre-approved maximum length of stay for Ryandale and Harbour Light to fifteen (15) calendar days and confirming the pre-approved maximum length of stay of thirty (30) days for Dawn House and the Kingston Youth Shelter. (File No. CSU-S08-00-01) (The report of the Commissioner, Community Services (CW072), was distributed with the Committee of the Whole agenda)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 5 2001-09-25

    REPORTS (Continued) REPORT NO. 82 OF THE COMMITTEE OF THE WHOLE (Continued)

    2. WHEREAS the City of Kingston in partnership with the Ministry of Community and Social

    Services as the funder, is sponsoring a new homelessness initiative, Off The Streets, Into Shelter, in the amount of $6,949.00 in 2001. AND WHEREAS the Department of Community Services called a Request for Proposal and an evaluation was made by a Committee comprised of groups who deal with homelessness issues; NOW THEREFORE City Council approves allocating ‘Off The Streets, Into Shelter’ funding in the following amounts: Dawn House $600.00; and Home Base Housing $6,349.00. (File No. CSU-S08-00-01) (The report of the Commissioner, Community Services (CW080), was distributed with the Committee of the Whole agenda)

    3. WHEREAS City Council created the Not-For-Profit Advisory Group to provide input to the Commissioner of Community Services on issues surrounding social housing program and delivery prior to devolution. NOW THEREFORE BE IT RESOLVED that City Council endorse a change in the mandate of the Not-for-Profit Advisory group to reflect a more formalized advisory relationship with the Department of Community Services. (File No. CSU-S08-00-01) (The report of the Commissioner, Community Services (CW082), was distributed with the Committee of the Whole agenda)

    4. WHEREAS a funding request was received by the City of Kingston from the Federation of Canadian Municipalities to fund the Federation of Canadian Municipalities, National Housing Policy Options Team (NHPOT). IT IS THEREBY RECOMMENDED City Council approve funding of the Federation of Canadian Municipalities, National Housing Policy Options Team in the amount of $1,700.00.

    (File No. CSU-F25-00-01) (The report of the Commissioner, Community Services (CW083), was distributed with the Committee of the Whole agenda)

    5. WHEREAS the Standing Committee on the Environment and Sustainable Development have

    recommended that municipalities develop a strategy for the gradual phase-out of pesticides used for cosmetic purposes, and

    WHEREAS on 28th June 2001, the Supreme Court of Canada upheld the Hudson, Quebec by-

    law banning the use of pesticides on private property for cosmetic purposes, and

  • CITY COUNCIL MEETING NO. 24 Agenda Page 6 2001-09-25

    WHEREAS the Supreme Court of Canada held that the municipality acted within its delegated authority to "secure peace, order, good government, health and general welfare in the territory of the municipality", and

    REPORTS (Continued) REPORT NO. 82 OF THE COMMITTEE OF THE WHOLE (Continued) WHEREAS the Supreme Court of Canada held that local governments have the authority to

    respond to new challenges facing municipalities and to pass bylaws to protect the general welfare of residents in their communities, and

    WHEREAS at the 17th July meeting of Council, a staff report on the impact of the Supreme

    Court of Canada decision and the potential use of similar by-laws in the City was requested, THEREFORE BE IT RESOLVED that the recommendation from KEAF (Kingston Environmental

    Advisory Forum) encouraging Council to pass a by-law that would be appropriate for the phase-out of pesticides (to include herbicides, insecticides, fungicides, etc.) used for cosmetic purposes,

    AND FURTHER that KEAF (Kingston Environmental Advisory Forum) would like to offer

    assistance to explore options for the most appropriate type of by-law, be received and referred to staff, and that a full public consultation process be followed.

    (File No. CSU-E05-00-01)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 7 2001-09-25

    REPORTS (Continued) REPORT NO. 83 OF THE CHIEF ADMINISTRATIVE OFFICER

    Report No. 83

    2001-09-25 To the Mayor and Members of Council: The C.A.O. reports and recommends as follows: All matters listed on the Consent Report are considered to be routine and are enacted by one motion. There is no separate discussion on these items. If discussion is desired upon request of a Member of Council, that item is removed from the Consent Report and is considered separately. Council Members may request that an item be considered separately if they have a conflict of interest. 1. That Council consent to the approval of the following routine items: Schedule Pgs 1-71 & 125-133 a) That City Council approve the purchase of one (1) 2002 Model Year, multi purpose, side loading,

    packer truck, single axle, 4x2 DRW from VQuip Inc. for a purchase price of $72,060.00 plus applicable taxes; it being the lowest quote received; it being noted that these funds were approved in the 2001 Capital Budget;

    - and further - That the City enter into an agreement with VQuip Inc. in a form satisfactory to the Director of Legal

    Services. (File No. CSU-F18-00-01) (Note: The report of the Commissioner of Operations Services, (C311) is attached hereto as Schedule Pages 1-2) b) That a by-law be presented to City Council for all three readings to authorize the temporary closing

    of a portion of Ontario Street between Brock Street and Market Street on Saturday, September 29, 2001, from 8:00 a.m. to 5:00 p.m.; and a portion of Clarence Street from Ontario Street easterly to the end on Saturday, September 29, 2001 from 10:00 a.m. to 5:00 p.m. for community purposes (Chilifest), on the understanding that:

    1. The applicant shall pay for the cost of advertising the temporary street closure, as invoiced by

    the Department of Council Support & Communications; and 2. That the applicant will be responsible for the acquiring/renting, placing and removal of all

    barricades necessary to fully close the roadway(s) affected and install advance signage to indicate the street closure and install detour signage; and

    3. That the applicant agrees to take out sufficient public liability property damage insurance in the amount of $2,000,000.00 to cover all risks. The policy shall be in a form and in an amount satisfactory to the City of Kingston, and shall be kept in full force during the period of the proposed street closure. The City of Kingston shall be named as a party insured on the policy and the applicant shall provide the City of Kingston with a copy of the insurance policy.

    (File No. CSU-T08-00-01)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 8 2001-09-25

    (See By-Law No. (5): 2001-217) (Note: The report of the Commissioner of Planning & Development Services, (C312) is attached hereto as Schedule Pages 3-4) REPORTS (Continued) REPORT NO. 83 OF THE CHIEF ADMINISTRATIVE OFFICER (Continued) c) WHEREAS the City of Kingston has undertaken to maintain Shore Road; and, WHEREAS the properties with frontage on the maintained portion of Shore Road have direct

    access to an "improved street" as defined by Zoning By-Law No. 32-74, former Township of Pittsburgh;

    THEREFORE BE IT RESOLVED that a By-Law be passed and be given all three readings to

    amend Schedule “A” to By-Law 32-74 removing the “-H” Symbol from the subject lands on Lots 9 to 12, 15 to 20 and part of Park Lot 22;

    (File No. CSU-D28-00-01) (See By-Law No. (6): 2001-218) (Note: The report of the Commissioner of Planning & Development Services, (C309) is attached hereto as Schedule Pages 5-12) d) That a By-Law be presented to Council to amend Construction By-Law No. 2000-102, “A By-Law To

    Authorize The Reconstruction Of Asphalt Pavement On Colborne Street, From Barrie Street To Division Street (Section 60-Local Improvement Act – General Rate) At An Estimated Cost Of $487,400.00)”

    (File No. CSU-T06-00-01) (See By-Law No. (1): 2001-213) (Note: The report of the Commissioner of Planning & Development Services, (C306) is attached hereto as Schedule Pages 13-15) e) That a By-Law be presented to Council to amend Construction By-Law No. 2000-103, “A By-Law to

    Authorize the Reconstruction of Asphalt Pavement On William Street, from Division Street to University Avenue (Section 60 – Local Improvement Act – General Rate) at an estimated cost of $305,250.00”.

    (File No. CSU-T06-00-01) (See By-Law No. (3): 2001-215) (Note: The report of the Commissioner of Planning & Development Services, (C305) is attached hereto as Schedule Pages 16-18) f) WHEREAS Gheran Maintenance Ltd. has submitted an application requesting that the ‘-H’ Holding

    Symbol be lifted from their lands located at 1875 Westbrook Road, on the west-side of Westbrook Road, north of Highway No. 401; and

    WHEREAS the ‘-H’ Holding provisions were to remain in place until the owner obtained an

    approved site plan from the City of Kingston and a Certificate of Approval from the Ministry of Environment; and

  • CITY COUNCIL MEETING NO. 24 Agenda Page 9 2001-09-25

    WHEREAS the Owner has complied with the conditions for the removal of the ‘-H’ Holding Symbol

    as follows: ? Signed a site plan control agreement with the City of Kingston ? Obtained a Certificate of Approval from the Ministry of Environment

    REPORTS (Continued) REPORT NO. 83 OF THE CHIEF ADMINISTRATIVE OFFICER (Continued) THEREFORE BE IT RESOLVED that a By-Law be passed and be given all three readings to

    amend Schedule “A” to Zoning By-Law 76-26 of the former Township of Kingston, as amended, be further amended by removing the ‘-H’ Symbol for the lands described as 1875 Westbrook Road, Part Lot 3, Concession 5, former Kingston Township;

    (File No. CSU-D28-00-01) (See By-Law No. (7): 2001-219) (Note: The report of the Commissioner of Planning & Development Services, (C322) is attached hereto as Schedule Pages 19-26) g) That City Council waive the rules of Council Procedural By-Law No. 98-1 and permit Corporate

    Services and Telus/SRI, 15 minutes at the October 2nd Committee of the Whole meeting to present an overview of our Electronic Service Delivery (ESD) initiative.

    (File No. CSU-C01-00-01) (Note: The report of the Commissioner of Corporate Services, (C320) is attached hereto as

    Schedule Pages 27-29) h) That a By-Law be presented to City Council to amend Construction By-Law No. 98-259, “A By-Law

    To Authorize The Construction Of Water, Sewer And Roads On Arthur Street From Alfred Street To The West End And On Welsh Street From Lorne Street To The East End – 1998 Capital Budget (Contract 98-04W)”;

    (File No. CSU-T06-00-01) (See By-Law No. (2): 2001-214) (Note: The report of the Commissioner of Planning & Development Services, (C307) is attached hereto as Schedule Pages 30-34) i) That a by-law be presented to City Council to amend Construction By-Law No. 99-239, “A By-Law to

    Authorize the Resurfacing of Various Streets as Listed in Schedule “A”, Clause 7, Report No. 80, 1999, and in the Supplementary List Schedule “B”, Clause 7, Report No. 80, 1999 As Far As Tender Prices Permit, (Section 60, Local Improvement Act – General Rate)

    (File No. CSU-T06-00-01) (See By-Law No. (4): 2001-216) (Note: The report of the Commissioner of Planning & Development Services, (C319) is attached hereto as Schedule Pages 35-42)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 10 2001-09-25

    j) WHEREAS Bayhill Developments has submitted an application requesting that Part Lot Control be lifted from lots 35-44 inclusive on Registered Plan 13M-15 and are further described as Bayridge Phase 20/3, being on the south side of Boxwood Street at Lombardy Street in the former Township of Kingston; and

    WHEREAS THE Owner has complied with the conditions for the Lifting of Part Lot Control, the approval of which will facilitate the reduction from ten to seven lots with larger frontages; and

  • CITY COUNCIL MEETING NO. 24 Agenda Page 11 2001-09-25

    REPORTS (Continued) REPORT NO. 83 OF THE CHIEF ADMINISTRATIVE OFFICER (Continued)

    THEREFORE BE IT RESOLVED that the application for Lift Part Lot Control (File D27-13-01) for Lots 35-44 inclusive of Registered Plan 13M-15 in the Bayridge Subdivision, BE APPROVED; AND FURTHER BE IT RESOLVED that a By-law be presented for Three Readings.

    (File No. CSU-D27-00-01) (See By-Law No. (8): 2001-220)

    (Note: The report of the Commissioner of Operations Services, (C329) is attached hereto as Schedule Pages 43-50)

    k) That By-Law No. 98-9, “A By-Law to Appoint Municipal Law Enforcement Officers of the Corporation

    of the City of Kingston”, (Section 1(r)), be amended to remove Dave Pigion and add Greg McLean, the new Supervisor of Parking Enforcement, who will be appointed as a Municipal Law Enforcement Officer who shall be a Peace Officer for the purpose of enforcing the by-laws of the Municipality, as provided for under Section 15 of the Police Services Act, R.S.O., 1990 c. P15, as amended.

    (File No. CSU-C12-00-01; CSU-P01-00-01) (See By-Law No. (9): 2001-221)

    (Note: The report of the Commissioner of Operations Services, (C323) is attached hereto as Schedule Pages 51-52)

    l) That By-Law No. 4489, “A By-Law to Regulate, Supervise and Govern the Parking of Vehicles on

    parking Lots and to Fix the Rates and Charges for Parking on Such Lots”, be amended to allow monthly parking in the spaces ni front of the gates at the Angrove, Lower Robert Bruce and upper Robert Bruce Parking Lots.

    (File No. CSU-C12-00-01; CSU-P01-00-01) (See By-Law No. (10): 2001-222)

    (Note: The report of the Commissioner of Operations Services, (C325) is attached hereto as Schedule Pages 53-55) m) That Council approve the by-law to replace three existing Community Safety Zones with four new

    locations. (File No. CSU-T07-00-01) (See By-Law No. (11): 2001-223) (Note: The report of the Commissioner of Planning & Development Services, (C252) is attached

    hereto as Schedule Pages 56-64)

    n) WHEREAS the Rideau Waterway has been designated as a Canadian Heritage River by Parks Canada, and

    WHEREAS Parks Canada would like to place a commemorative plaque in the vicinity of the City of

    Kingston and to publicize the designation with a plaque unveiling, and

  • CITY COUNCIL MEETING NO. 24 Agenda Page 12 2001-09-25

    WHEREAS Parks Canada would be responsible for erecting and maintaining the plaque and its supporting structure, and

    REPORTS (Continued) REPORT NO. 83 OF THE CHIEF ADMINISTRATIVE OFFICER (Continued) WHEREAS upon consultation with the City of Kingston Parks & Arenas Division it has been

    decided that an appropriate location for such a plaque would be in Douglas R. Fluhrer Park; THEREFORE BE IT RESOLVED that Parks Canada is granted permission to move forward with this

    proposal and install a Canadian Heritage River commemorative plaque in Douglas R. Fluhrer Park. with exact location determined in consultation with the Manager of Parks & Arenas Division;

    AND FURTHER that Council approve and authorize the Mayor and City Clerk to enter into an

    agreement with Parks Canada for upkeep and maintenance of said signage that is consistent with recommendations of the City Solicitor.

    (File No. CSU-R04-00-01) (Note: The report of the Commissioner of Community Services, (C313) is attached hereto as Schedule Pages 65-71) o) Tender: Storage Building, Kingston Airport (Report No. C315) (Note: The report of the Commissioner of Operations Services, (C315) will be distributed

    separately from the agenda.

    p) WHEREAS Cataraqui Woods Developments (Owner) has submitted an application requesting that

    Part Lot Control be lifted from Lots 1 to 14, Lots 24 to 31, Lots 35 to 39 inclusive, of Registered Plan 13M-32 in Phase 8A of the Cataraqui Woods Subdivision, the subject lots being located on the east side of Bayridge Drive north of Cataraqui Woods Drive in Kingston West; and

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

    approval of which will facilitate the conveyance of lots for semi detached dwellings; 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 (Our File No. D27-14-01) for Lots 1 to 14, Lots 24 to 31, Lots 35 to 39 inclusive, Registered Plan 13M-32 in Phase 8A of the Cataraqui Woods Subdivision, BE APPROVED.

    AND BE IT FURTHER RESOLVED that a By-Law be passed to Lift Part Lot Control from Lots 1 to

    14, Lots 24 to 31, Lots 35 to 39 inclusive, Registered Plan 13M-32. AND BE IT FURTHER RESOLVED that the By-Law shall specify that the exemption from Part Lot

    Control shall apply only to the severing of the semi-detached dwellings to be built on Lots 1 to 14,

  • CITY COUNCIL MEETING NO. 24 Agenda Page 13 2001-09-25

    Lots 24 to 31, Lots 35 to 36 inclusive, Registered Plan 13M-32, and shall not apply to boundary adjustments or land exchanges.

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

    City Council. (File No. CSU-D27-00-01) (See By-Law No. (17): 2001-229) (Note: The report of the Commissioner of Planning & Development Services, (C332) is attached

    hereto as Schedule Pages 125-133) REPORTS (Continued) REPORT NO. 84 OF THE CHIEF ADMINISTRATIVE OFFICER

    Report No. 84

    2001-09-25

    To the Mayor and Members of Council: The C.A.O. reports and recommends as follows: Schedule Pages 72 to 108 1. That City Council approve the use of the word “Kingston” in the Gold Wing Road Riders

    Association Inc., local Chapter name “Kingston Limestone Riders”. (File No. CSU-L16-00-01) (Note: The report of the Commissioner of Corporate Services, (C321) is attached hereto as Schedule Pages 72-75) 2. That Council give Third Reading to By-Law No. 2001-190, “A By-Law to Stop Up and Close the

    Public Lane off Clarence Street Located Adjacent to and Behind 77 Clarence Street for the Duration of the Construction of a Multi-Storey Building, of Which 3 Levels are to be Constructed Below Street Grade (Section 297(1)(c) of the Municipal Act)”. Third Reading of the By-Law is subject to comments received at the public meeting held at this Council meeting;

    That Council revise Clause 4 of Report No C211 (approved by Council on August 14, 2001) so that K. L. International enter into an Agreement satisfactory to the City Solicitor, for temporary encroachment into City Property as it has been noted that construction activities will require removal of a portion of the lane and construction of temporary shoring. Such agreement will require K. L. International to reinstate the lane to the satisfaction of the Manager of Engineering; and That the Manager of Engineering Division approve the construction details of the temporary encroachment sealed by a Professional Engineer.

    (File No. CSU-L16-00-01) (See By-Law No. (19): 2001-190 (Note: The report of the Commissioner of Planning & Development Services, (C328) is attached hereto as Schedule Pages 76-78(b))

  • CITY COUNCIL MEETING NO. 24 Agenda Page 14 2001-09-25

    The following Clause shall be considered, subject to the approval of Clause 2, Report 84 above: 3. That Council enter into a Temporary Encroachment Agreement with K.L. International, on behalf of

    Braebury Homes Corporation, to provide for: ? the installation of a temporary covered walkway on the asphalt portion of Clarence Street; ? the removal of the existing sidewalk on the north side of Clarence Street; and ? the excavation of the land under the sidewalk to provide for effective excavation of the site at

    77 Clarence Street; such agreement to be in a form satisfactory to the City Solicitor, to provide for the ability to commence construction of the multi-story building at 77 Clarence Street; and That the Manager of the Engineering Division approve the construction details of the temporary encroachment as prepared and sealed by a Professional Engineer; and

    REPORTS (Continued) REPORT NO. 84 OF THE CHIEF ADMINISTRATIVE OFFICER (Continued)

    That a By-Law be presented for Three Readings to amend By-Law No. 4624, “A By-Law to Authorize and Regulate Encroachments on Streets”, to provide that notwithstanding Clause 2(b), K. L. International be required to pay $10,161.05 for the encroachment onto Clarence Street; and That a By-Law be presented for Three Readings to amend By-Law 495, “A By-Law to Provide for a Parking Meter Zone in Certain Streets or Portions Thereof, and to Provide for the Installation, Regulations, Supervision and Control of Such Parking Meters”, to provide that notwithstanding Section 14, K. L. International be required to pay $25,240 in lieu of parking meter hood rental to eliminate parking on Clarence Street for the duration of the project, it being understood that this amount is calculated at $5.00 per day per space, based on the project completion of June 15, 2002.

    (File No. CSU-L16-00-01) (See By-Laws No.’s. (13), (14): 2001-225, 2001-226) (Note: The report of the Commissioner of Planning & Development Services, (C317) is attached hereto as Schedule Pages 79-87)

    4. That the City of Kingston enter into a Lease Agreement with the owners of Coffee & Company for the lease of City property for the purpose of operating a non-serving Outdoor Patio;

    - and further - That such Lease Agreement be in a form satisfactory to the Director of Legal Services. (File No. CSU-L04-00-01) (Note: The report of the Commissioner of Planning & Development Services, (C314) is attached hereto as Schedule Pages 88-98)

    5. Mark Segsworth, Commissioner, Operations Services will be present to speak to Report No. C318.

  • CITY COUNCIL MEETING NO. 24 Agenda Page 15 2001-09-25

    That the Capital Budget be amended by $128,330.00 with funding from the Facility Repair Reserve Fund for the purposes of Roof and Clock Tower Reconstruction at City Hall

    - and further – That the tender from Roof Tile Management in the amount of $448,330.00 be accepted, being the lowest bid;

    - and further – That the City enter into an agreement with Roof Tile Management in a form satisfactory to the

    Director of Legal Services. (File No. CSU-F18-00-01) (Note: The report of the Commissioner of Operations Services, (C318) is attached hereto as Schedule Pages 99-103)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 16 2001-09-25

    REPORTS (Continued) REPORT NO. 84 OF THE CHIEF ADMINISTRATIVE OFFICER (Continued)

    6. WHEREAS Bill 128, an Act Respecting Social Housing transfers the social housing administrative and delivery roles and responsibilities from the Province to municipalities;

    AND WHEREAS Bill 128 requires municipalities, including the City of Kingston, to develop a Plan

    setting out how the Service Manager would carry out these roles and responsibilities; AND WHEREAS Kingston’s Plan, which was approved by Council on April 17, 2001, requires that

    traditional housing provider responsibilities such as income testing and waiting list management, “but not limited to,” be delegated back to the providers “as permitted under Section 16 of Bill 128” for a period not to exceed two years and that individual housing providers enter into the appropriate interim service agreement with the City regarding that delegation;

    THEREFORE IT BE RESOLVED that Council approve the interim delegation of responsibilities “as

    prescribed under Ontario Regulation 298/01 Rent-Geared-to-Income Assistance and Special Needs Housing” to the Housing Providers;

    AND THEREFORE that all Housing Providers be required to enter into an interim service

    agreement with the City modelled on the precedent agreement prepared by the Province, as amended to the satisfaction of the Director of Legal Services;

    AND FURTHER that Council authorize the Mayor and Clerk to sign all such interim service

    agreements between the City and the Housing Providers. (File No. CSU-L11-00-01) (Note: The report of the Commissioner of Community Services, (C331) is attached hereto as

    Schedule Pages 104-108) 7. The following clause was deferred at Council Meeting No. 23, August 14th & 28th, 2001 for four

    weeks as requested by the Chair of the Cataraqui Region Conservation Authority in order to afford the Cataraqui Region Conservation Authority time to consider the proposal by the full board.

    WHEREAS applications have been submitted by Llynlea Corporation with respect to the property located on the north side of King Street West in the former City of Kingston, known municipally as 1097-1101 King Street West, requesting site specific amendments to the Official Plan policies and Zoning By-Law regulations in order to accommodate the construction of 44 single detached dwellings:

    THEREFORE BE IT RESOLVED that the applications for Official Plan Amendment (Our File No. D09-13-01) and Zone Change (Our File No. D14-115-01) submitted by Llynlea Corporation respecting the 3.79 hectare (9.36 acres) parcel of land located on the north side of King Street West, known municipally as 1097-1101 King Street West, requesting amendments to the site specific Official Plan policies and a rezoning from OS1,OS2 and OS2.99 (Public and Private Open

  • CITY COUNCIL MEETING NO. 24 Agenda Page 17 2001-09-25

    Space) to a modified ‘A2.319-H’ Low Density Residential Zone in order to permit 44 single detached dwellings, BE APPROVED. AND IT BE FURTHER RESOLVED that:

    REPORTS (Continued) REPORT NO. 84 OF THE CHIEF ADMINISTRATIVE OFFICER (Continued)

    1. The Official Plan for the former City of Kingston Planning Area be amended as follows:

    (a) Text Changes AMEND section.4.18.6(e), under the heading “South West Sector Special Policy Area”, so as to delete the second paragraph in its entirety and replace with the following new paragraph: In recognition of the Committee of Adjustment decision and agreement registered on title of the Sudds Property which recognizes the potential for residential development, and having satisfactorily addressed items i-vii in Section 4.18.6 (e) and the amendment policies in Section 4.18.7, 44 single family residential buildings shall be permitted on the north side of King Street West.

    (b) Map Changes

    AMEND Schedule B to redesignate the subject site from Open Space to Residential.

    2. Zoning By-Law No. 8499 of the former City of Kingston be amended so as to: (a) AMEND Zoning Maps 27 and 28 of By-Law No.8499 by changing to ‘A2.319-H’ the zone

    symbol of the lands located on the north side of King Street West, known municipally as 1097-1101 King Street West, and shown as “ZONE CHANGE FROM ‘OS1’,’OS2’ and ‘OS2.99 ‘ to ‘A2.319-H’ on Schedules “A” attached hereto.

    (b) AMEND Zoning Maps 27 and 28 of By-law No. 8499 by changing to OS1 and EPA the zone symbol on the lands north and east of the A2.319-H zone currently zoned OS2 and OS2.99, on the north side of King Street West as shown as “ZONE CHANGE FROM OS2 &OS2.99 to OS1” and ZONE CHANGE FROM OS1 and OS2 to EPA” on Schedule “A” attached hereto.

    (c) Add a new Section 319, immediately after section 318, as follows: “319” On the approximately 3.79 hectare (9.36 acres) parcel of land located on the north side of King Street west, known municipally as 1097-1101 King Street West, and designated ‘A2.319-H’ on Zoning Maps 27 and 28 attached to forming part of By-law No. 2001-199 as Schedule A and notwithstanding the provisions of section 8.0 of this By-law, the subject lands shall be developed with 44 single family dwellings in accordance with the following provisions: (i) Lot area (minima) - 500m2 (ii) Lot frontage (minima) – 17.1 m (corner); 15.0 m (interior) (iii) Front yard depth - 6.0m (iv) Exterior side yard – 3.0 m (v) Interior side yard width – the required interior side yard on a lot with an attached

    garage or carport shall be 0.6 meter and 1.2 metres. On a lot where there is no attached private garage or attached carport, the minimum interior side yard shall be 2.4 meters and 0.6 metre .

  • CITY COUNCIL MEETING NO. 24 Agenda Page 18 2001-09-25

    (vi) Rear yard depth – 6.0m (vii) Lot coverage – 45% (viii) Height of Building (maxima) – 10.6 metres (ix) Driveway width – 6.7metres (x) Place a holding provision to ensure all municipal requirements have been addressed.

    (File No. CSU-D14-00-01) (See By-Law No.’s (15) (16): 2001-227; 2001-228) REPORTS (Continued) REPORT NO. 85 OF THE LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE

    Report No. 85

    2001-09-10

    To the Mayor and Members of Council: The Local Architectural Conservation Advisory Committee reports and recommends as follows: 1. That Application P18-26-01 for Rockwood House, Kingston Psychiatric Hospital property located at

    752 King Street West owned by Ontario Realty Co., 14 Gable Lane, represented by Dent Engineering Ltd, 106 Gore Street to request approval to re-build a retaining wall and stairway, install a steel railing on top of the wall and stone stair, plant a cedar hedge, and re-point adjacent retaining wall and stone cap BE APPROVED with the understanding that:

    ? the new stone face be isolated from the poured concrete by the use of waterproofing material; ? any replacement stone be matched to the existing stone; ? the cutting of the pointing mortar be done with hand or pneumatic tools and not orbital

    grinders; ? the mortar mix be 1-1-6, that colour and finish of mortar replicate the existing mortar; ? any fasteners for the stone be stainless steel; and ? all new joints be a slightly concave rubbed joint and not a raised joint.

    (File No. CSU-P18-00-01) 2. That Application P18-27-01 for Beechgrove Cottage, Kingston Psychiatric Hospital located at 752

    King Street West owned by Ontario Realty Co., 14 Gable Lane, represented by Dent Engineering Ltd, 106 Gore Street to request approval to repair a stone stair and replace concrete caps on the sidewalls with stone caps, replace railings and build new concrete treads over existing treads on an adjacent seven step stair BE APPROVED with the understanding that:

    ? the new stone face be isolated from the poured concrete by the use of waterproofing material; ? any replacement stone be matched to the existing stone; ? the cutting of the pointing mortar be done with hand or pneumatic tools and not orbital

    grinders; ? the mortar mix be 1-1-6, that colour and finish of mortar replicate the existing mortar; ? any fasteners for the stone be stainless steel;

  • CITY COUNCIL MEETING NO. 24 Agenda Page 19 2001-09-25

    ? all new joints be a slightly concave rubbed joint and not a raised joint; and ? stone units be numbered, photographed, and replaced as closely as possible to where they

    were previously located. (File No. CSU-P18-00-01)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 20 2001-09-25

    REPORTS (Continued) REPORT NO. 85 OF THE LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (Continued) 3. That Application P18-84-00 Sydenham Street United Church, 82 Sydenham Street, dated 09th

    November 2000, represented by John Clark, 17 Parkwood Place, amended to include the replacement of the office foyer entry roof with a cedar shingled sloping roof, BE APPROVED, subject to a site visit by a sub-Committee of L.A.C.A.C. and Committee review of sub-committee recommendations in regard to details of the proposal.

    (File No. CSU-P18-00-01) 4. Whereas a Heritage application is outstanding as required for a designated property at 110 Rideau

    Street owned by Tim Pater, in regard to the unapproved installation of a door, and the owner has failed to respond to communications by L.A.C.A.C., it is recommended that the matter be referred to the Legal Department for assistance.

    (File No. CSU-R01-00-01) 5. That the Heritage Restoration/OYAP (Ontario Youth Apprenticeship Program), (Limestone District

    School Board), be nominated for the Heritage Community Recognition Program and Young Heritage Leaders Program, Ontario Heritage Foundation.

    (File No. CSU-R01-00-01)

    REPORTS (Continued) REPORT NO. 86 OF THE PLANNING COMMITTEE

    The Planning Committee meets on Monday, September 24th. Their report will be placed on the addeds.

  • CITY COUNCIL MEETING NO. 24 Agenda Page 21 2001-09-25

    INFORMATION REPORTS

    1. Closed Belle Park Landfill Site, Summary of Site Management Activities (Report No. C330) This report summarizes site activities for the period of August 4 through August 31, 2001. (File No. CSU-E05-00-01) (The report of the Commissioner of Planning & Development Services is attached as Schedule Pages 109-110) 2. COGECO

    The purpose of this report is to advise Council of Mayor Turner’s recent meeting with Scott Meyers, Manager of Programming and Community Relations from COGECO. COGECO explains that if they are able to acquire the needed volunteer personnel, they will commence filming the Committee of the Whole Meetings in October to December, on an experimental basis. (File No. CSU-C00-00-01) (The report of the Mayor is attached as Schedule Pages 111-112)

    3. Land Acquisition Policies - Little Cataraqui Watershed (Report No. C333)

    At the City Council Meeting on August 28th, 2001, staff were asked to provide a report on the status of the City of Kingston and the Cataraqui Region Conservation Authority’s land acquisition programs in the Little Cataraqui Watershed. This report provides a response to that request.

    (File No. CSU-D14-00-01) (The report of the Commissioner of Planning & Development Services is attached as Schedule Pages 134-168

    MISCELLANEOUS BUSINESS Motions of Council are required: 1. APPOINTMENTS - GRAND THEATRE CONSULTATION ADVISORY GROUP

    At the Council meeting of August 14th, 2001, City Council approved the establishment of a Grand Theatre Consultation Advisory Group to be comprised of one Member of Council, Mr. Cliff Edwards, Manager of the Grand Theatre, and six members of the community. The term of the committee shall expire at the completion of the needs assessment and with the submission of a final committee report to the Manager of Culture & Recreation by no later than November 15, 2001. Eight applications have been received: 1. Ms. Ruth Barton 2. Mr. Poul-Erik Busk 3. Ms. Michele Casey 4. Mr. James Coles 5. Mr. Craig C. Jeffrey 6. Ms. Jane McGrattan 7. Ms. Jo-Ann Reid 8. Ms. Mary Steer (File No. CSU-C12-00-01)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 22 2001-09-25

    (Note: The letters of application are attached hereto as Schedule Pages 113-124)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 23 2001-09-25

    MISCELLANEOUS BUSINESS (Continued) 2. INDEPENDENT ORDER OF ODD FELLOWS WEEK IN KINGSTON - October 14-20, 2001

    Mr. Don Bristol, on behalf of the Independent Order of Odd Fellows is requesting that City Council proclaim the week of October 14th to 20th, 2001 as “Independent Order of Odd Fellows Week in Kingston.

    (File No. CSU-M10-00-01) (See Communication No. 24-562) 3. ONTARIO YOUTH APPRENTICESHIP PROGRAM - Youth Apprenticeship Week

    The Ontario Youth Apprenticeship Program is requesting that City Council proclaim the week of October 20th as “Youth Apprenticeship Week” in the City of Kingston.

    (File No. CSU-M10-00-01) (See Communication No. 24-551)

    MOTIONS (1) Moved by Councillor Clements Seconded by Councillor Stoparczyk That administration provide a report to Council by February 15, 2002 detailing the possibilities and

    implications of closing Ontario Street between Brock Street and Clarence Street, it being understood that this report would address but not be limited to: 1. traffic considerations and potential alternative patterns; 2. the relationship of this block to Confederation Park and; 3. the timing for closure. (File No. CSU-T09-00-01)

    (2) Moved by Councillor Garrison Seconded by Councillor Rogers That Council declare that the area surrounding City Hall, bounded by King Street, Clarence Street,

    the Martello Tower and Brock Street, as indicated on the map presented to Kingston City Council on September 13, 2001 be known as “First Capital Place”.

    (File No. CSU--M09-00-01) (3) Moved by Councillor Meers Seconded by Councillor Garrison That the condolences of Kingston City Council be extended to the family of the late Darrell Revelle,

    an employee of the City’s Operations Department, Roads Division. (File No. CSU-M04-00-01)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 24 2001-09-25

    MOTIONS (4) Moved by Councillor Sutherland Seconded by Councillor Foster That the condolences of Kingston City Council be extended to the family of the late Doris

    Thompson, a long-time market vendor. (5) Moved by Councillor Downes Seconded by Councillor Clements WHEREAS Megaffin Park is a City Park and the site of the playing of a high calibre of semi-

    professional baseball; AND WHEREAS the backstop of the baseball diamond is immediately across the road from a

    residential area; AND WHEREAS many foul balls during practice and game play have strayed at a high rate of

    velocity across Montreal Street into a residential area that was established before the creation of Megaffin Park

    AND WHEREAS many cars have been hit by foul balls; AND WHEREAS on at least two separate occasions, foul balls crashed through the window of a

    Kingston resident to threaten the safety of a small child and two senior citizens; AND WHEREAS the residents across from Megaffin Park are fearful of their physical safety and

    concerned about their enjoyment of their property; THEREFORE BE IT RESOLVED THAT City Parks and Recreation staff study the problem and

    present a plan to resolve this issue of public safety immediately and have a new backstop constructed at a time no later than the beginning of the 2002 baseball season;

    AND THAT the financing of this backstop be taken from the Working Fund Reserve. (File No. CSU-R04-00-01) (6) Moved by Councillor Sutherland Seconded by Councillor Rogers WHEREAS Fort Henry is recognized as one of Kingston’s and Canada’s major tourist attractions,

    drawing tourists to our area from all corners of the world, generating more than $20M dollars in visitor spending, which translates into numerous seasonal and full time jobs;

    AND that Fort Henry is a heritage monument, which clearly defines a significant part of our

    Canadian heritage, providing insights into the lives of early soldiers, settlers and builders;

  • CITY COUNCIL MEETING NO. 24 Agenda Page 25 2001-09-25

    AND that Fort Henry is a Canadian heritage monument with international appeal, given that 22% of

    the 160,000 people who visit Fort Henry annually are from outside Canada; MOTIONS (Continued) WHEREAS Fort Henry, through its guard program, has assisted in the development of many

    Canadian leaders; WHEREAS Fort Henry stands as one of Canada’s most active, performance-based Citadels, built

    to ensure the establishment and safety of our country; THEREFORE BE IT RESOLVED that the City of Kingston endorse the efforts of the Fort Henry

    Community Action Group who are working with government groups at all levels to ensure that necessary steps are taken to restore and preserve Fort Henry and its heritage resources for today, and future generations; on the understanding that the City is not committing financial resources at this time

    (File No. CSU-F25-00-01)

    NOTICES OF MOTION

    MINUTES That the Minutes of City Council Meetings No. 22 held Tuesday, August 14th and 28th, 2001 and No. 23 held Tuesday, September 11th, 2001 be confirmed.

    TABLING OF DOCUMENTS 2001-89 Cataraqui Region Conservation Authority; Notice of Meeting, September 19, 2001; Minutes of Meeting, September 26, 2001; Minutes of Meeting, August 22, 2001. (File No. CSU-D03-00-01) 2001-90 Downtown Kingston! Board of Management; Meeting Agenda, September 12, 2001; Minutes of Meeting, June 13, 2001; Minutes of Meeting, July 25, 2001; Financial Statements, Year Ending December 31, 2000. (File No. CSU-A01-01-01) 2001-91 Association of Municipalities of Ontario;

  • CITY COUNCIL MEETING NO. 24 Agenda Page 26 2001-09-25

    2001 Conference Proceedings. (File No. CSU-A01-04-01) 2001-92 The Senate Report; Volume 1, Issue 3, Summer 2001. (File No. CSU-L10-00-01) COMMUNICATIONS That Council consent to the disposition of Communications in the following manner: Filed 24-540 From Statistics Canada advising that the collection stage of the census cycle is complete and

    provided a schedule for the release of data. Statistics Canada will be making presentations across the Province and will advise when in our area.

    (File No. CSU-L11-00-01) (Note: Copies distributed to All Members of Council, September 12, 2001) 24-541 From the President of La Société générale de Foresterie Sylvico inc. providing information on

    his company. The company has developed an effective method of mosquito control without affecting the environment. They are offering their services to control the West Nile Virus.

    (File No. CSU-S08-00-01) (Note: Copies distributed to All Members of Council, September 12, 2001) 24-542 From H. Dean Maxwell, Mayor of the City of Anacortes, Washington thanking Kingston for

    participating in The Ancient and Honorable Guild of Town Criers 9th World Championship held August 3rd to 5th, 2001.

    (File No CSU-M02-00-01) (Note: Copies distributed to All Members of Council, September 12, 2001) 24-543 From the City Clerk to Ted Stratford, Committee of Adjustment, Planning Division providing a

    copy of correspondence received from the Township of South Frontenac with regard to an application for minor variance, being Lot 41, Concession 7.

    (File No. CSU-D12-00-01) 24-559 From the Committee of Adjustment, Notices of Decision in respect of the following applications: CONSENT TO CONVEYANCE - HALDEX CONSTRUCTION LTD. (IN TRUST), Findlay Station

    Road, being Lot 30, Concession 4, to sever as a lot addition, a 9.7 ha parcel of vacant land zoned A-1 and A-2 to be added to 2576 Findlay Station Road to be used in conjunction with the current single family residential lot. BE PROVISIONALLY APPROVED, subject to conditions. The last day for appeal is October 4, 2001.

    MINOR VARIANCE - HALDEX CONSTRUCTION LTD. (IN TRUST), Findlay Station Road, from

    Zoning By-Law 32-74 in the former Township of Pittsburgh, in the minimum lot area requirement for an A-1 zone in order to permit a consent for a lot addition and allow the retained land to be used in the future for single family residential purposes. DENIED. The last day for appeal is October 2, 2001.

  • CITY COUNCIL MEETING NO. 24 Agenda Page 27 2001-09-25

    MINOR VARIANCE - DOUGLAS GIRVIN & LINDA ROSS, 2617 Anchor Lane, from Zoning By-

    Law 32-74 in the former Township of Pittsburgh, being Lot 21, Concession 2, in order to recognize the location of the existing house and accessory structure. BE APPROVED, subject to a condition. The last day for appeal is October 2, 2001.

  • CITY COUNCIL MEETING NO. 24 Agenda Page 28 2001-09-25

    COMMUNICATIONS (Continued) CONSENT TO CONVEYANCE - SANDRA BEGBIE, property adjacent to 3070 Highway #2 East,

    being Part of Lots 22 & 23, Concession 2, to sever an approximately 3 acre parcel of vacant forested land from an approximately 28 acre parcel of vacant forested land zoned A1 in order to create a new residential building lot. BE APPROVED, subject to conditions. The last day for appeal is October 4, 2001.

    CONSENT TO CONVEYANCE - KINGSTON MUNICIPAL NON-PROFIT HOUSING

    CORPORATION, 2075 Battersea Road, being Part of Lot 33, Concession 5, to sever an approximately one acre parcel of vacant land zoned Institutional from an approximately 5.726 acre of land zoned Institutional, to be added as a lot addition to adjacent lands owned by the Frontenac Management Board to provide a suitable lot of construction of a long-term care facility. BE APPROVED, subject to conditions. The last day for appeal is October 4, 2001.

    (File No. CSU-D19-00-01) (Note: If further information is required, contact Ted Stratford, Secretary-Treasurer,

    Committee of Adjustment) Referred to All Members of Council 24-544 From the Association of Municipalities of Ontario: For Your Information, dated August 30th, 2001,

    “AMO Responds To Beaubien’s Property Tax Classification Review”. AMO have identified numerous areas of concern regarding property tax classification and have forwarded these concerns to MPP Marcel Beaubien.

    (Note: Copies distributed to All Members of Council, September 12, 2001) 24-545 From the Township of Armour, seeking Council’s support for a resolution passed at their

    meeting of September 11th, 2001, pertaining to the terrorist attack on the U.S.A. (File No. CSU-C10-00-01) (See ‘Resolutions From Other Municipalities’, being distributed separately) 24-546 From the International Making Cities Livable Conferences advising of the 31st International

    Making Cities Livable Conference, October 22-26, 2001 in San Francisco, California. (File No. CSU-A04-00-01) (Note: Copies distributed to All Members of Council, September 13, 2001) 24-547 From the Federation of Canadian Municipalities acknowledging receipt of the City of Kingston’s

    resolution regarding Bank of Canada loans to municipalities. The matter will be discussed at the Board’s meeting of September 8th in British Columbia.

    (File No. CSU-A01-02-01) 24-548 From the Ministry of Municipal Affairs and Housing commending Chief Administrative Officer,

    Bert Meunier on the City’s document entitled, “Measuring our way to Service Excellence” which is on the City’s website. Deputy Minister, W. Michael Fenn has asked permission to reference this document to others who might benefit from the well-developed presentation.

    (File No. CSU-A22-00-01)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 29 2001-09-25

    (Note: Copies distributed to All Members of Council, September 13, 2001) COMMUNICATIONS (Continued) 24-549 From Carl Holmberg, Chair, Fort Henry Community Action Group seeking Council’s support for

    a resolution regarding the restoration and preservation of Fort Henry. (File No. CSU-C09 and A01-03-01) 24-550 From the Canadian Union of Public Employees proclaiming October 24th as “Child Care Worker

    Appreciation Day”, recognizing the important contribution that child care workers make to our communities.

    (File No. CSU-M10-00-01) (See ‘Resolutions From Other Municipalities’, being distributed separately) 24-551 From the Ontario Youth Apprenticeship Program proclaiming the week of October 20th as

    “Youth Apprenticeship Week” in the City of Kingston. (File No. CSU-M10-00-01) (See Miscellaneous Business Item No. 3) (Note: Copies distributed to All Members of Council, September 17, 2001) 24-552 From the President of Almost Home advising of their fundraising campaign and seeking

    donations. (File No. CSU-M03-00-01) 24-553 From the City of Gravenhurst seeking Council’s support for a resolution passed at their meeting

    of September 4th, asking for a public debate on the development of a policy in the area of electronic access and matching of data.

    (File No. CSU-C10-00-01) (See ‘Resolutions From Other Municipalities’, being distributed separately) 24-557 From the Cataraqui Region Conservation Authority advising that the matter of the Little Cataraqui

    Creek Wetlands/Llynlea Corporation is being deferred until further notice and that the Conservation Authority will be holding a public meeting on September 19, 2001 to receive further public input concerning the proposed land exchange. The Authority will be considering this matter further at its next regular meeting on September 26th.

    (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, September 17, 2001) 24-560 From Chris Cannon and Vicki Schmolka on behalf of the Valley Lands Group providing a copy

    of an information guide that they prepared to help understand why so many people are concerned about the proposed development on King Street West.

    (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, September 18, 2001)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 30 2001-09-25

    24-561 From the Association of Municipalities of Ontario advising of the Annual Southwestern Municipal Conference being held November 16, 2001 in London, Ontario. The topic is “Foundation for Change: The Cornerstone of Strength and Stability”.

    (File No. CSU-A01-04-01) (Note: Copies distributed to All Members of Council, September 19, 2001) COMMUNICATIONS (Continued) 24-562 From Mr. Don Bristol, on behalf of the Independent Order of Odd Fellows requesting that City

    Council proclaim the week of October 14th to 20th, 2001 as “Independent Order of Odd Fellows Week in Kingston in support of the charitable works the organization does in the community.

    (File No. CSU-M10-00-01) (See Miscellaneous Business Item No. 2) (Note: Copies distributed to All Members of Council, September 19, 2001) 24-564 From Graham Lodge, President, Meadowbrook Area Community Association expressing his

    opinion on the proposed 44 house subdivision and Cataraqui Region Conservation Authority lands. The Association has serious concerns that have been expressed to the City’s Planning Committee.

    (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, September 20, 2001) 24-565 From Ms. Annette Bloom, a U.S.A. citizen who was in Kingston the day of the terrorist attack.

    Ms. Bloom is thanking the citizens of Kingston for the memorial service held in Confederation Park, the kindness and support and for flying the American flag at half mast. She is also thanking the staff at the Information Centre for helping them get back home.

    (File No. CSU-M04-00-01) (Note: Copies distributed to All Members of Council, September 20, 2001) Referred to the Commissioner of Planning & Development Services 24-554 From the Vice President of Ontario Power Generation providing a copy of a backgrounder

    entitled, “Improving Air Quality” which will provide information about the environmental initiatives OPG has underway to help improve Ontario’s air quality.

    (File No. CSU-E05-00-01) 24-555 From the Chair of Downtown Kingston! BIA Board of Management advising of their wish to

    participate in a review of pedestrianization policies and community event road closures and procedures as Council and City Staff deem helpful.

    (File No. CSU-T08-00-01) Referred to the Commissioner of Community Services 24-556 From Elizabeth McIver updating Council on the formation of an Abbeyfield Society in Kingston.

    The Board has been formed and an information pamphlet was received. (File No. CSU-S03-00-01)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 31 2001-09-25

    (Note: Copies distributed to All Members of Council, September 13, 2001) Referred to the President & CEO of Utilities Kingston 24-558 From the residents of Oakridge, Gibson, Churchill and College Streets objecting to Utilities

    Kingston’s decision to relocate hydro poles in their area. They believe the decision was taken without proper public input and does not represent the best long-term interests of the City.

    (File No. CSU-E06-00-01) (Note: Copies distributed to All Members of Council, September 17, 2001) COMMUNICATIONS (Continued) 24-563 From Mr. Martin Prachowny of Churchill Crescent opposing Utilities Kingston’s decision to

    relocate hydro poles in their area. He feels that Utilities Kingston should consider a better long-run strategy of burying all cables underground.

    (File No. CSU-E06-00-01) (Note: Copies distributed to All Members of Council, September 19, 2001) 24-566 From Peter S. Kennedy, Barrister & Solicitor in response to concerned neighbours regarding

    Utilities Kingston’s decision to relocate hydro poles in their area. Mr. Kennedy strongly urges the City to support continued electrical services to the affected homes on College, Churchill, Oakridge and Gibson Streets from the rear as required and existing today.

    (File No. CSU-E06-00-01) (Note: Copies distributed to All Members of Council, September 21, 2001)

    OTHER BUSINESS

    BY-LAWS (A) That By-Laws (1) through (18) be given their first and second reading. (B) That Clause 7.6 of By-Law No. 98-1 be suspended for the purpose of giving By-Laws (5) through

    (8) and (13) through (17) three readings. (C) That By-Laws (5) through (8) and (13) through (22) be given their third reading.

    BY-LAWS (Continued)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 32 2001-09-25

    (1) A By-Law To Amend By-Law No. 2000-102, "A By-Law To Authorize The Reconstruction Of Asphalt Pavement On Colborne Street, From Barrie Street To Division Street (Section 60-Local Improvement Act - General Rate) At An Estimated Cost Of $487,400.00

    FIRST AND SECOND READING PROPOSED NO. 2001-213 (Clause d), Report No. 83, 2001, C306) (2) A By-Law To Amend By-Law No. 98-259, “A By-Law To Authorize The Construction Of Water,

    Sewer And Roads On Arthur Street From Alfred Street To The West End And On Welsh Street From Lorne Street To The East End - 1998 Capital Budget (Contract 98-04w)”

    FIRST AND SECOND READING PROPOSED NO. 2001-214 (Clause h), Report No. 83, 2001, C307) BY-LAWS (Continued) (3) A By-Law To Amend By-Law No. 2000-103, “A By-Law To Authorize The Reconstruction Of Asphalt

    Pavement On William Street, From Division Street To University Avenue (Section 60 - Local Improvement Act - General Rate) At An Estimated Cost Of $305,250.00”

    FIRST AND SECOND READING PROPOSED NO. 2001-215 (Clause e), Report No. 83, 2001, C305) (4) A By-Law To Amend By-Law No. 99-239 “A By-Law To Authorize The Resurfacing Of Various

    Streets As Listed In Schedule “A”, Clause 7, Report No. 80, 1999, And In The Supplementary List Schedule “B”, Clause 7, Report No. 80, 1999 As Far As Te nder Prices Permit, (Section 60, Local Improvement Act - General Rate)

    FIRST AND SECOND READING PROPOSED NO. 2001-216 (Clause i), Report No. 83, 2001, C319) (5) A By-Law To Authorize The Temporary Closing Of A Portion Of Ontario Street Between Brock

    Street And Market Street On Saturday, September 29, 2001, From 8:00 A.M. To 5:00 P.M.; And A Portion Of Clarence Street From Ontario Street Easterly To The End On Saturday, September 29, 2001 From 10:00 A.M. To 5:00 P.M. (Community Purposes - Chilifest)

    THREE READINGS PROPOSED NO. 2001-217 (Clause b), Report No. 83, 2001) (6) A By-Law To Amend By-Law No. 32-74, “Zoning By-Law Of The Former Township Of Pittsburgh”

    (Removal Of “-H” Symbol On Lots 9 To 12, 15 To 20 And Part Of Part Lot 22, Shore Road)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 33 2001-09-25

    THREE READINGS PROPOSED NO. 2001-218 (Clause c), Report No. 83, 2001, C309) (7) A By-Law To Amend By-Law No. 76-26, “Zoning By-Law Of The Former Township Of Kingston”

    (Removal Of “-H” Symbol On 1875 Westbrook Road, Part Lot 3, Concession 5) THREE READINGS PROPOSED NO. 2001-219 (Clause f), Report No. 83, 2001, C322) (8) A By-Law to Exempt Certain Lands on Registered Plan 13M-15 from the Provisions of Section

    50(5) of the Planning Act, R.S.O. 1990, Chapter P13, and Amendments Thereto (Lots 35-44 inclusive)

    THREE READINGS PROPOSED NO. 2001-220 (Clause j), Report No. 83, 2001, C329) BY-LAWS (Continued) (9) A By-Law to Amend By-Law No. 98-9, “A By-Law to Appoint Municipal Law Enforcement Officers of

    the Corporation of the city of Kingston” (Section 1(r) – Remove: Dave Pigion; Add: Greg McLean) FIRST AND SECOND READINGS PROPOSED NO. 2001-221 (Clause k), Report No. 83, 2001, C323) (10) A By-Law to Amend By-Law No. 4489, “A By-Law to Regulate, Supervise and Govern the Parking

    of Vehicles on parking Lots and to Fix the Rates and Charges for Parking on Such Lots” (Allow Monthly Parking in spaces in front of gates on Angrove, Lower Robert Bruce and Upper Robert Bruce Parking Lots)

    FIRST AND SECOND READINGS PROPOSED NO. 2001-222 (Clause l), Report No. 83, 2001, C325) (11) A By-Law To Amend By-Law No. 99-279, “A By-Law To Prescribe The Rate Of Speed On Acadia

    Drive” (Delete Acadia Drive As Community Safety Zone; Add: Front Road, Hudson Drive And Woodbine Road)

    FIRST AND SECOND READING PROPOSED NO. 2001-223 (Clause m), Report No. 83, 2001, C252)

  • CITY COUNCIL MEETING NO. 24 Agenda Page 34 2001-09-25

    (12) A By-Law to Amend By-Law No. 99-166, “A By-Law To Prohibit The Parking Or Leaving Of Motor Vehicles On Private Property Without The Consent Of The Owner Or Occupant Of The Property, Or On Property Owned Or Occupied By The City Of Kingston Or Any Local Board Thereof, Without The Consent Of The City Of Kingston Or Local Board”, (St. Lawrence College – Delete: Commissionaires Michael Kelly, Catherine Bowden and Jacques Lemieux; Add: Commissionaires Greg Compton, Sean Bahr, Margaret Jones, Jackie Cormier)

    FIRST AND SECOND READINGS PROPOSED NO. 2001-224 (City Council Meeting No. 24, 2001) (13) A By-Law to Amend By-Law No. 4624, “A By-Law to Authorize and Regulate Encroachments on

    Streets”, (Notwithstanding Clause 2(b), K. L. International Be Required to Pay $10,161.05 for the Encroachment onto Clarence Street)

    THREE READINGS PROPOSED NO. 2001-225 (Clause 3, Report No. 84, 2001, C317)

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    BY-LAWS (Continued) (14) A By-Law to Amend By-Law 495, “A By-Law to Provide for a Parking Meter Zone in Certain Streets

    or Portions Thereof, and to Provide for the Installation, Regulations, Supervision and Control of Such Parking Meters” (Notwithstanding Section 14, K. L. International Be Required to Pay $25,240 in Lieu of Parking Meter Hood Rental – Clarence Street)

    THREE READINGS PROPOSED NO. 2001-226 (Clause 3, Report No. 84, 2001, C317) (15) A By-Law To Amend The Official Plan For The City Of Kingston Planning Area (Amendment No. 13

    – Text Change – Site And Area Specific Residential Policies – South West Sector Special Policy Area)

    THREE READINGS PROPOSED NO. 2001-227 (Clause 7, Report No. 84, 2001) (16) A By-Law To Amend By-Law No. 8499 “Restricted Area (Zoning) By-Law Of The Corporation Of The

    City Of Kingston” (Site Specific – 1097 – 1101 King Street West – OS1, OS2, OS2.99 (Open Space) To ‘A2.319-H’ (Low Density) Residential Modified)

    THREE READINGS PROPOSED NO. 2001-228 (Clause 7, Report No. 84, 2001) (17) A By-Law To Exempt Certain Lands On Registered Plan 13M-32 From The Provisions Of Section

    50 (5) Of The Planning Act, R.S.O. 1990, Chapter P.13, And Amendments Thereto (Lots 1 To 14, Lots 24 To 31, Lots 35 To 39 Inclusive Of Registered Plan No. 13M-32, Phase 8A Cataraqui Woods Subdivision)

    THREE READINGS PROPOSED NO. 2001-229 (Clause p), Report No. 83, 2001, C332) (18) A By-Law To Confirm The Proceedings Of Council At Its Meeting Held On Tuesday, September 25,

    2001 THREE READINGS PROPOSED NO. 2001-230 (City Council Meeting No. 24, 2001)

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    BY-LAWS (Continued) (19) A By-Law To Temporarily Stop Up And Close The Public Lane Off Clarence Street Located

    Adjacent To And Behind 77 Clarence Street For The Duration Of The Construction Of A Multi-Storey Building, Of Which 3 Levels Are To Be Constructed Below Street Grade, (Section 297 (1) (C) Of The Municipal Act)

    THIRD READING PROPOSED NO. 2001-190 (Clause 5, Report No. 73, 2001) (20) A By-Law To Amend By-Law No. 4489, “A By-Law To Regulate, Supervise And Govern The

    Parking Of Vehicles On Parking Lots And To Fix The Rates And Charges For Parking On Such Parking Lots”, (Temporary Closure Of The Market Square From 7:00 A.M. To 5:00 P.M. On Friday, October 12, 2001)

    THIRD READING PROPOSED NO. 2001-205 (Clause b), Report No. 80, 2001) (21) A By-Law To Provide For The Temporary Closure Of Market Street Between Ontario Street And

    King Street From 7:00 A.M. To 5:00 P.M. on Friday, October 12, 2001, (Community Purposes - Easter Seals “4 on 4 Ball Hockey Tournament)

    THIRD READING PROPOSED NO. 2001-206 (Clause b), Report No. 80, 2001) (22) A By-Law To Provide For The Temporary Closure Of Ontario Street Between Brock Street And

    Market Street On Friday, November 30, 2001 From 5:00 P.M. To 8:00 P.M. And Ontario Street From Market Street To West Street And West Street To King Street From 6:15 P.M. To 7:45 P.M. On Friday, November 30, 2001, (Community Purposes - Jingle Bell Walk/Light-Up City Park Event)

    THIRD READING PROPOSED NO. 2001-208 (Clause h), Report No. 80, 2001)

    ADJOURNMENT