CITY COUNCIL MEETING NO. 21

The Regular Meeting of City Council was held on Tuesday, July 29, 2003 at 7:45 pm in the Council Chamber, City Hall. Her Worship Mayor Isabel Turner presided.

There was an "In-Camera" meeting of the Committee of the Whole from 6:30 pm to 7:45 pm in the Councillors’ Lounge.

(Council Chambers) ROLL CALL Present: Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes (arrived 7:05 pm), Councillor Foster (arrived 6:45 pm), Councillor Garrison (arrived 6:45 pm), Councillor George, Councillor Meers, Councillor Pater (arrived 6:45 pm), Councillor Rogers (arrived 6:35 pm), Councillor Stoparczyk, Councillor Sutherland (13)

(Council Chambers) Administrative Staff Present: Mr. B. Meunier, Chief Administrative Officer Ms. C. Beach, Commissioner of Planning & Development Services Mr. B. Bishop, Director, Human Resources Mrs. D. Campbell, Labour Relations Officer Mrs. C. Downs, Manager, Council Support/City Clerk Mr. S. Kanellos, Manager, Engineering Services Mr. H. Linscott, Director, Legal Services Mr. L. Thurston, Commissioner, Community Services Mr. H. Tulk, Chief, Fire & Rescue Services

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DISCLOSURE OF PECUNIARY INTEREST (1) Councillor Stoparczyk declared a pecuniary interest in the matter of Delegation No. 1 and Clause 1 of Report No. 72 as the presenter is a client of the real estate firm with which he is associated.

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COMMITTEE OF THE WHOLE “IN CAMERA” (A) Moved by Councillor George Seconded by Councillor Sutherland THAT Council resolve itself into the Committee of the Whole “In Camera” to consider the following items: 1. Labour Relations 2. Legal Matter 3. Personnel Matter CARRIED (Councillor Meers OPPOSED)

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(Council Chambers) City Council Meeting No. 21 Minutes July 29, 2003 Administrative Staff Present: Mr. B. Meunier, CAO Ms. S. Bailey, Senior Policy Planner, Planning & Development Services Ms. C. Beach, Commissioner, Planning & Development Services Mr. J. Davis, Projects Manager, Planning & Development Services Mrs. C. Downs, Manager, Council Support/City Clerk Mr. B. Finch, Manager, Airport Mr. G. Hunt, Manager, Finance Mr. H. Linscott, Director, Legal Services Mr. M. Morris, Manager, Transit Mrs. S. Powley, Acting Deputy Clerk Mr. L. Thurston, Commissioner, Community Services Mr. G. Wallace, Acting Manager, Planning & Development Services

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REPORT OF THE COMMITTEE OF THE WHOLE “IN CAMERA” (B) Moved by Councillor George Seconded by Councillor Beavis THAT Council rise from the Committee of the Whole “In Camera” without reporting. CARRIED

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DELEGATIONS Councillor Stoparczyk withdrew from the meeting.

Council consented to allow Delegation No. 1 ten minutes.

(1) Michael Peterson, President of REON Development Corporation, spoke to Council concerning the Davis Tannery site and the prospects for its redevelopment. (File No. CSU-C13-000-2003) (See Clause (1), Report No. 72)

Councillor Stoparczyk returned to the meeting.

Moved by Councillor Foster Seconded by Councillor George THAT, notwithstanding any provision of By-Law No. 98-1 “Council Procedural By-Law” to the contrary, David Carr-Harris be allowed to speak for five minutes concerning the City’s position on its bump-up request on the Howe Island Link Environmental Study Report and the Addendum. (File No. CSU-M11-000-2003; CSU-C13-000-2003) CARRIED (A 2/3 Vote of Council Was Received) DELEGATIONS

Page 461 City Council Meeting No. 21 Minutes July 29, 2003 (2) David Carr-Harris spoke to Council concerning the bump-up request on the Howe Island Link Environmental Study Report (Report No. PC059). (File No. CSU-C13-000-2003) (See Clause (6), Report No. 73)

Moved by Councillor Downes Seconded by Councillor Campbell THAT Clause 6 of Report No. 73 of the Planning Committee, regarding the Howe Island Link Environmental Assessment Bump-Up request, be moved forward on the agenda. CARRIED (A 2/3 Vote of Council Was Received) (See Recorded Vote) (See page 477)

A Recorded Vote was requested by Councillor Meers and commenced with same. YEAS: Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes, Councillor Foster, Councillor Pater, Councillor Stoparczyk, Councillor Sutherland (9) NAYS: Councillor Garrison, Councillor George, Councillor Meers, Councillor Rogers (4)

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REPORTS Report No. 70 of the Committee of the Whole “In Camera”

Moved by Councillor Foster Seconded by Councillor Stoparczyk That Report No. 70 of the Committee of the Whole be received and adopted.

Report No. 70

To the Mayor & Members of Council: The Committee of the Whole “In-Camera” reports and recommends:

1. THAT Terry Willing be appointed as the Acting Commissioner of Planning & Development Services for a period of approximately one year starting November 1, 2003. CARRIED

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REPORTS Report No. 71 of the Chief Administrative Officer (Consent)

Page 462 City Council Meeting No. 21 Minutes July 29, 2003 Council consented to the withdrawal of Clause (e)

Moved by Councillor Downes Seconded by Councillor Rogers THAT Report No. 71 of the Chief Administrative Officer (Consent) be received and adopted.

Report No. 71

To the Mayor and Members of Council: The Chief Administrative Officer 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:

(a) THAT a by-law be presented for three readings to provide for the temporary closure of Patrick Street from Alma Street to Pine Street and the temporary closure of Alma Street from Ordnance Street to Patrick Street on Sunday, August 17, 2003, from 7:00 am to 5:00 pm for community purposes (Over the Hill Soap Box Derby), subject to the following: • That the applicant shall pay for the cost of advertising the temporary street closure as invoiced by the Council Support Division. • That the applicant shall 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. • That the applicant shall agree 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-T08-000-2003) (See By-Law No. (1), 2003-349)

(b) WHEREAS the lands known municipally as 24 Faircrest Boulevard in the City of Kingston were designated to be of historical and architectural value by By-Law No. 3-84 (former Pittsburgh Township) “A By-Law To Designate Certain Properties As Properties Of Historic And Architectural Value Or Interest”, passed January 23, 1984, and; WHEREAS Section 34 of the Heritage Act, RSO 1990, Chapter 0.18, provides for an owner of property designated to be of architectural or historical value or interest to apply to the council of the municipality for consent to de-designate a portion of the lands, and;

REPORTS Report No. 71 of the Chief Administrative Officer (Consent)

Page 463 City Council Meeting No. 21 Minutes July 29, 2003 WHEREAS the owner of 24 Faircrest Boulevard has applied to the Council of the City of Kingston for such consent, and; WHEREAS Council consented to the de-designation of the vacant lot severed from the lot known municipally as 26 Faircrest Boulevard upon which the designated heritage building is situated by resolution dated June 24, 2003; THEREFORE BE IT RESOLVED THAT Council enact as follows: – Amend By-Law No. 3-84 as it affects Parts 3 and 4 on Reference Plan 13R 16806, of which Part 3 is designated. – Authorize the City Clerk to cause a copy of this amended by-law to be served on the owner of the aforesaid property and on the Ontario Heritage Foundation and cause notice of the passing of this by- law to be published in a newspaper having general circulation in the municipality and cause reference to said property to be amended from the Register established in Subsection 27(1) of the Ontario Heritage Act, RSO 1990, Chapter 0.18. – Authorize the City Solicitor to cause a copy of this by-law to be registered against the portion of the property identified as 24 Faircrest Boulevard in the proper land registry office. (File No. CSU-R01-000-2003) (See By-Law No. (2), 2003-350)

(c) THAT the City of Kingston enter into a Contract Agreement, in a form satisfactory to Legal Services, with Nav Canada for preventive and corrective maintenance of the Instrument Landing System, and; THAT the Mayor and City Clerk be authorized to sign the agreement. (File No. CSU-L04-000-2003)

(d) THAT Council accept the bid of Smith’s Construction Company Limited, being the only bid submitted, for Surface Treatment on Burnt Hills Road, Aley Street, Arnold Street, Brass Drive, Eunice Drive, Woodbine Road, Parkland Drive, and Bullen Road, at a unit price of $10.63 per lineal metre for single surface treatment and $20.35 per lineal metre for double surface treatment (taxes not included), and; THAT an agreement be entered into in a form satisfactory to the City Solicitor. (File No. CSU-F18-003-2003) CARRIED

(e) THAT the City execute a Lease Acknowledgement and Consent to Mortgage Refinancing in a form satisfactory to the City’s Manager of Properties and the City Solicitor and that the Mayor and City Clerk be authorized to sign that document. (File No. CSU-L04-000-2003) WITHDRAWN

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REPORTS Report No. 72 of the Chief Administrative Officer (Recommend)

Councillor Stoparczyk withdrew from the meeting.

Page 464 City Council Meeting No. 21 Minutes July 29, 2003

Moved by Councillor Campbell Seconded by Councillor Pater THAT Report No. 72 of the Chief Administrative Officer (Recommend) be received and adopted.

Report No. 72

To the Mayor and Members of Council: The Chief Administrative Officer reports and recommends as follows:

1. WHEREAS Council has directed staff to prepare a report on the process followed to date dealing with the tannery site and to report back to Council, and; WHEREAS staff has met on a number of occasions to discuss the development of the tannery site and the process to be followed to deal with the issues of development of that site, and; WHEREAS the ERASE Task Force Community Improvement Plan is in draft stages and has received approval in principle by the Committee of the Whole and is awaiting further public consultation and final approval by Council and the Ministry of Municipal Affairs & Housing, and; WHEREAS there is an issue of outstanding taxes on the tannery site that can only be dealt with through the tax sales under the Municipal Act, 2001; THEREFORE BE IT RESOLVED THAT Council endorse the continuance of following the tax sale for the tannery property, in accordance with the procedures set out in the Municipal Act, 2001, and; BE IT FURTHER RESOLVED THAT, in the likely event that a tax sale does not take place because of the substantial amount of outstanding taxes (approximately $2,600,000.00), the City solicit offers to purchase, remediate and develop from all interested parties, of which there are a number, including Inter-Global Investments Inc., during the one-year period following the unsuccessful tax sale, and; BE IT FURTHER RESOLVED THAT, if an offer to purchase, remediate and develop is received that is satisfactory to Council, the City proceed to vest title in itself and sell the property to the successful purchaser, and; BE IT FURTHER RESOLVED THAT the City not entertain the request of Inter-Global Investments, Inc., who is not the property owner but advises it has an agreement with the mortgage holder on the property, to acquire the right of the mortgage to foreclose on the property and take title, to cancel or postpone the tax sale and negotiate an agreement, and; BE IT FURTHER RESOLVED THAT any actions taken in the above steps will be brought to Council in the form of a report with appropriate recommendations. (File No. CSU-D22-000-2003) CARRIED (Councillors Beavis and Meers OPPOSED) (See Following Motion to DEFER Which Was LOST)

REPORTS Report No. 72 of the Chief Administrative Officer (Recommend)

Moved by Councillor Beavis Seconded by Councillor Sutherland

Page 465 City Council Meeting No. 21 Minutes July 29, 2003 THAT Clause 1 of Report No. 72 be deferred to allow staff to consider the comments provided by Mr. Conacher in his correspondence that was received this evening, and to allow staff an opportunity to report back to Council. LOST

Councillor Stoparczyk returned to the meeting.

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Report No. 73 of the Planning Committee

Moved by Councillor Stoparczyk Seconded by Councillor Foster THAT Report No. 73 of the Planning Committee be received and adopted, clause by clause.

Report No. 73

To the Mayor and Members of Council: The Planning Committee reports and recommends as follows:

1. WHEREAS an application has been submitted by 548935 Ontario Ltd for 875 Counter Street in the former geographic Township of Kingston requesting that the permitted uses and provisions in the site specific General Commercial “C2- 23” Zone be amended to permit additional uses and a reduced side yard requirement; and

WHEREAS a Public Meeting was held with respect to this matter on May 8, 2003:

THEREFORE BE IT RESOLVED THAT the application for Zoning By-Law Amendment (Our File No. D14-197-03) for the property located at 875 Counter Street in former geographic location of Township of Kingston, BE APPROVED, and;

BE IT FURTHER RESOLVED THAT Zoning By-Law No. 76-26 of the former Township of Kingston be amended as follows: That Section 19(3) (w) be deleted in its entirety and replaced with the following: “(w) C2-23

• Permitted Uses - Notwithstanding Section 19(1) (b) hereof to the contrary, the lands designated C2-23 shall be used for no other purpose than the following: – an automatic car wash – an automobile service station – an automotive centre – an appliance rental shop – a bank REPORTS Report No. 73 of the Planning Committee

– a beverage room – a boat sales establishment – a business or professional office – a clinic

Page 466 City Council Meeting No. 21 Minutes July 29, 2003 – a commercial club – a commercial school – a dry-cleaning or laundry outlet – a funeral home – a gasoline retail facility – a home occupation – an institute – a laundromat – a merchandise service shop – a vehicle sales or rental establishment – a parking lot – a personal service shop – a copy shop – a private club – a public use in accordance with the provisions of Section 5(18) – a restaurant – a take-out restaurant – a retail store – an undertaking establishment – a veterinary clinic – a shopping centre consisting of any of the permitted uses listed herein

• Side Yard Provision – Notwithstanding Section 19(2) (f) (ii) to the contrary, the existing building and any future additions may have a minimum side yard width of 2.5 metres along the east lot line; this side yard provision shall only apply to a maximum building length of 30 meters and shall include the length of the existing building.

• Open Storage Provision – Notwithstanding Section 19(2) (n) to the contrary, an open storage area may be located in a rear yard with a maximum area of 60 square metres; any open storage area shall be fenced and comply with the minimum yard requirements.” –and further– BE IT RESOLVED THAT the amending by-law be presented to Council for three readings. (See By-Law No. (3), 2003-351) CARRIED

REPORTS Report No. 73 of the Planning Committee

2. WHEREAS an application has been submitted by Jim Colden (Agent), with respect to lands located at 77 Alwington Avenue in Kingston Central requesting site specific amendments to the Zoning By-Law regulations to permit a semi- detached dwelling, and;

WHEREAS the statutory public hearing was held on June 12, 2003, and;

Page 467 City Council Meeting No. 21 Minutes July 29, 2003 WHEREAS a number of neighbourhood residents expressed concerns and objections respecting the proposed housing form and that approval may create a precedent for other similar applications, and;

WHEREAS the Planning Committee agrees with the concerns expressed by the neighbourhood residents and is of the opinion that a semi-detached dwelling is not in keeping with the existing pattern of development and does not meet the intent of the existing “A2” (one-family dwelling) Zone;

THEREFORE BE IT RESOLVED THAT the application for Zoning By-Law Amendment (Planning File No. D14-202- 03), submitted by Jim Colden respecting the 2276 square-metre parcel of land located at 77 Alwington Avenue, requesting site specific amendments to the Zoning By-Law regulations to provide for the development of a semi- detached dwelling with special regulations with respect to the side yard setbacks and number of dwelling units per lot, BE DENIED. DEFERRED (See Following Motion to DEFER Which Was CARRIED)

Moved by Councillor Rogers Seconded by councillor Stoparczyk THAT Clause 2 of Report No. 73 be deferred in order to allow further consultation between the owner and the residents to take place. CARRIED

3. WHEREAS an application has been submitted by Fil Scarpazza on behalf of Mr. And Mrs. A. Scarpazza with respect to the properties located at 100 and 104 Day Street, requesting approval for amendments to Zoning By-Law No. 8499, as amended, in order to permit the conversion of the existing duplexes on the properties into triplex dwellings, and;

WHEREAS the use of the subject property for triplex dwellings is consistent with the intent of the Official Plan and is considered to be compatible with the existing uses in the immediate area, and;

WHEREAS a public meeting was held with respect to this matter on June 12, 2003;

THEREFORE BE IT RESOLVED THAT the application to amend Zoning By-Law No. 8499 of the former City of Kingston (Our File No. D14-161-02) submitted by Fil Scarpazza for lands located at 100 and 104 Day Street, BE APPROVED, and;

REPORTS Report No. 73 of the Planning Committee

BE IT FURTHER RESOLVED THAT: (a) Zoning Map No. 8 of By-Law No. 8499, as amended, is hereby further amended by changing to “A5.329” the zone symbol of the lands located at 100 and 104 Day Street and shown as “Zone Change From A5 To A5.329”. (b) By adding the following as a new Section 329 immediately following Section 328: “329 100 and 104 Day Street

Page 468 City Council Meeting No. 21 Minutes July 29, 2003 On the properties known municipally as 100 and 104 Day Street and designated as “A5.329” on Zoning Map No. 8 attached to and forming part of By-Law No. _____ as Schedule “A”, the following regulations shall apply: (i) In addition to the list of permitted uses for the “A5” Zone, a triplex dwelling shall also be a permitted use.” –and further– BE IT RESOLVED THAT the amending by-law be presented to Council for three readings. (See By-Law No. (4), 2003-352) CARRIED (7:6) (See Recorded Vote)

A Recorded Vote was requested by Councillor Meers and commenced with same. YEAS: Mayor Turner, Councillor Downes, Councillor Foster, Councillor George, Councillor Pater, Councillor Rogers, Councillor Sutherland (7) NAYS: Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Garrison, Councillor Meers, Councillor Stoparczyk (6)

4. WHEREAS an application has been submitted by Dacon Corporation Limited with respect to 787-791 Shires Way, in Kingston West requesting that the existing “R4-26” Modified Residential Zone be amended to a “R4-29” Modified Residential Zone in order to permit the lots to be used for additional parking for the adjacent Funeral Home, and;

WHEREAS a public meeting was held with respect to this matter on June 12, 2003;

THEREFORE BE IT RESOLVED THAT the application for Zoning By-Law Amendment (Our File No. D14-196-03) submitted by Dacon Corporation Limited for 787-791 Shires Way, BE APPROVED, and;

BE IT FURTHER RESOLVED THAT Zoning By-Law No. 76-26 of the former Township of Kingston be amended as follows:

– That Zoning Map No. 5 of By-Law No. 76-26, as amended, is hereby further amended by changing to “R4-29” the zone symbol of the lands shown as “Zone Change From R4-26 To R4-29”;

– That Section 15(3) (bb) is further amended as follows: (bb) R4-29 Notwithstanding any provisions this By-Law to the contrary, the lands designated as “R4-29” shall be used in accordance with Section 15(3) (x) or may be used as a parking lot for the abutting funeral home in accordance with the following provisions: REPORTS Report No. 73 of the Planning Committee

i) Maximum number of parking spaces - 54 spaces ii) No parking space or parking area shall be located closer than 1m from the lot line of lot 4L, of Registered Plan 13M-2 iii) No access to parking spaces or parking areas shall be provided directly from a public street. iv) Use or development shall not be permitted until such time as the City of Kingston has approved a site development plan, such a plan shall include but not be limited to landscaping, buffering, grading and drainage v) In no way shall any part of the lands zoned “R4-29” be used to calculate any Zoning requirement for the abutting C2-29 Zoning on the funeral home lands.

Page 469 City Council Meeting No. 21 Minutes July 29, 2003 –and further– BE IT RESOLVED THAT the amending by-law be presented to Council for three readings. (See By-Law No. (3), 2003-353) CARRIED

5. WHEREAS an application has been submitted by Lorelei Jones & Associates, on behalf of J. A. Pye (Ontario) Limited (Owner), for revisions to the approved Draft Plan of Subdivision for Phases 2 and 3 of the “Lyndenwood Subdivision”, of which Phase 2 comprises a total of 12.538 ha of vacant land and Phase 3 comprises a total of 7.799 ha. of vacant land, located in the Cataraqui North Neighbourhood in Kingston West, and;

WHEREAS the Ministry of Municipal Affairs & Housing previously issued Draft Plan Approval on January 30, 1998 for an area of approximately 68.9 ha. (170 acres) covering the entire Dacon Corporation Holdings, including the subject lands, which provided for 216 single-detached dwellings, 889 low-density residential units (single-detached, semi- detached, three unit, four unit and townhouse dwellings), 152 medium-density residential units (semi-detached, row, apartment dwellings), 6 commercial blocks, 1 institutional block, 5 open-space blocks, 11 future low-density residential blocks, 2 future medium-density residential blocks and the associated network of streets, lanes and reserves, and;

WHEREAS the approval authority for this Plan of Subdivision has now been delegated to the Municipality, and;

WHEREAS the request for changes to the Conditions of Draft Plan Approval was circulated to the City’s Technical Staff and Outside Agencies for review/comments and any additional requirements have been incorporated into the revised conditions of Draft Plan Approval;

THEREFORE BE IT RESOLVED THAT the request for approval of a Revised Draft Plan of Subdivision and Amendments to the Conditions of Draft Plan Approval (Our File Nos. D12-63-02 and D12-69-03), submitted by Lorelei Jones & Associates, on behalf of J. A. Pye (Ontario) Limited (Owner), for Phases 2 and 3 of the “Lyndenwood Subdivision located in the Cataraqui North Neighbourhood BE APPROVED, and;

BE IT FURTHER RESOLVED THAT the Conditions of Draft Plan Approval dated January 30, 1998, be amended for Phase 2 of the Lyndenwood Subdivision as follows:

• That Condition No. 1. be amended to include the following Revised Draft Plan of Subdivision respecting Parts of Lots 14 and 15, Concession 3, in the City of Kingston, said lands comprising Lots 125 – 216 inclusive, Blocks 218 – 221 inclusive, and Parts of Blocks 231 and 232, and Parts of Streets “A”, “E”, “F”, “I” and “T” and all of Street “O” as shown on the Draft Plan of Subdivision prepared by M. Peter Allen, OLS of Grange W. Elliot Ltd., dated June 9, 1997 and revised December 12, 1997: REPORTS Report No. 73 of the Planning Committee

“1A. That this revised approval applies to the Draft Plan of Subdivision, prepared by D.R. Barker & Associates Ltd., Consulting Engineers, Dated September 2002, showing the proposed subdivision of the 12.538 hectare parcel of land located north of Langfield Street in the Cataraqui North Neighbourhood, and comprised of the following:

– 84 lots for single detached dwellings (Lots 1-76 and Lots 121-128 inclusive) – 14 blocks for residential development (Blocks 72 – 87, inclusive) – 4 blocks for Open Space (Blocks 88, 89, 91 and 92) – 1 block for commercial development (Block 90) – 7 blocks for 0.3 metre reserves (Blocks 98, 100, 104, 105, 110, 113 & 114) – 5 blocks for rear lanes (Blocks 94, 95, 102, 106 and 115)

Page 470 City Council Meeting No. 21 Minutes July 29, 2003 – 11 blocks for future development (Blocks 93, 96, 97, 99, 101, 103,107, 108, 109, 111 & 112) – 5 streets (northerly extensions of Augusta Drive and Abbot Street, easterly extension of Crossfield Avenue, and northerly extensions of Morningside Drive and Chadwick Drive), and;

• That this Revised Draft Plan shall be subject to the Conditions set out in the Draft Plan Approval issued by the Minister of Municipal Affairs & Housing, dated January 30, 1998, respecting Ministry File No. 10-T-95004.

• That in addition to the Ministry of Municipal Affairs & Housing’s Conditions of Draft Plan Approval, the following additional conditions shall apply to the Revised Draft Plan set out in Clause 1A above: (i) That, prior to final approval of the Plan of Subdivision, the Owner shall provide confirmation that civic addresses have been assigned to the proposed lots by the Municipality’s Planning Division. The Draft M-Plan shall be submitted to the Planning Division in an AutoCAD readable format on either a 3 ½ inch diskette or a compact disc (CD), together with 2 paper prints. (ii) That, prior to final approval of the Subdivision, a Noise Study shall be prepared and certified by a Professional Engineer to the Municipality’s satisfaction to specifically address the impacts of the proposed roads, specifically Augusta Drive, Andersen Drive and Princess Street on the residential lots. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement any noise attenuation measures required by the Study, to the satisfaction of the Municipality. (iii) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Surveyor’s Certificate to the City which confirms that the blocks and proposed lots within the Subdivision conform to the applicable minimum lot area, lot frontage and setback requirements of the Zoning By- Law. (iv) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Geotechnical Report, prepared and certified by a Professional Engineer, for approval by the Municipality. The recommendations of the Report shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Report recommendations to the satisfaction of the Municipality. (v) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Storm Water Management Report, prepared and certified by a Professional Engineer, for approval by the Municipality and the Cataraqui Region Conservation Authority. The recommendations of the report shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the report recommendations to the satisfaction of the Municipality.

REPORTS Report No. 73 of the Planning Committee

(vi) That, prior to final approval of the Plan of Subdivision, the Owner shall enter into an Agreement with the Municipality to construct the required services. (vii) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Tree Preservation Plan for review and approval by the Municipality. (viii) That Conditions 6 and 25-30 inclusive are hereby amended to reflect the Municipality as the Approval Authority rather than the Ministry of Municipal Affairs & Housing, and that any required Clearance Letters are to be forwarded to the Municipality and not the Ministry of Municipal Affairs & Housing. (ix) That temporary turning circles may be required at the end of August Drive and Andersen Drive. Prior to final approval of the Plan of Subdivision, the Owner shall submit written permission from the

Page 471 City Council Meeting No. 21 Minutes July 29, 2003 adjacent land owners for any works to be constructed outside the boundaries of this Draft Plan of Subdivision. (x) That Lots 1 and 2 shall not be developed until such time as the road and services fronting the lots are constructed. (xi) That Block 104 shall not be developed until such time as it has been transferred to and combined with the lots/blocks to the north and east; (xii) That Blocks 93 and 96 shall not be developed until such time as they have been transferred to and combined with the lots/blocks to the north and east. (xiii) That Blocks 78, 79, 95, 98-102 inclusive and 104 shall not be developed until such time as they can be combined with the Blocks to the east, therefore completing Crossfield Avenue from Abbot Street to Andersen Drive. (xiv) That Lot 49 shall not be developed until such time as it is transferred to and combined with Block 97 in Phase 3 of the “Lyndenwood” Subdivision. (xv) That any proposed construction phasing / staging shall be approved by the Municipality and set out in the Subdivision Agreement. (xvi) That driveway access will be restricted for certain lots along Augusta Drive and Crossfield Avenue. (xvii) That Block 91 shall be completely developed as park land during construction of Stage 1 of Phase 2. The design of Block 91 shall be to the satisfaction of the Cultural Services Division. (xviii) That Block 88 shall be developed as park land to the satisfaction of the Cultural Services Division. (xix) That Blocks 94, 95, 102, 106, 108, 109 and 115 shall be designated as rear lanes and shall not be owned or maintained by the Municipality. A notice to future purchasers and land owners in regard to rear lane ownership shall be included in the Subdivision Agreement. (xx) That the naming of the rear lanes shall be to the Municipality’s satisfaction in accordance with the adopted Street Naming Conventions. (xxi) That, prior to final approval, the developer shall provide an updated traffic study to the Municipality. The updated traffic study shall be used to determine the owner’s contribution to a future left-turn lane on Andersen Drive at Princess Street. The contribution shall be determined on the basis of the percentage of traffic generated by the “Lyndenwood” Subdivision as a percentage of the total anticipated traffic on Andersen Drive. REPORTS Report No. 73 of the Planning Committee

(xxii) That, prior to final approval for Phase 2 of the “Lyndenwood” Subdivision, construction of the B2E Storm Water Management Pond for the Cataraqui North Neighbourhood shall be complete. (xxiii) That, prior to final approval, the Owner shall provide the Municipality with Architectural Control Guidelines to apply to the dwellings to be constructed along the extension of Augusta Drive and Crossfield Avenue.

• That in addition to the Notes to the Ministry of Municipal Affairs & Housing’s Conditions of Draft Plan Approval, the following amended or new Notes shall apply to the Revised Draft Plan set out in Clause 1A above: (i) That Note 1 to the Ministry of Municipal Affairs & Housing’s Draft Plan Approval of January 30, 1998, shall be deleted in its entirety and be replaced with the following new Note 1:

Page 472 City Council Meeting No. 21 Minutes July 29, 2003 “It is the applicant’s responsibility to fulfill the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Planning Division, Planning and Development Services, of the City of Kingston.” (ii) That Note 11 to the Ministry of Municipal Affairs & Housing’s Draft Plan Approval of January 30, 1998, shall be deleted in its entirety and be replaced with the following new Note 11: “11. The Final Plan approved by the City must be registered within 30 days or the City may, under Subsection 51(59) of the Planning Act, withdraw its approval.” (iii) That the following shall be added as Note 12: “12. When requesting Final Approval, the Applicant shall submit a detailed account of how each Condition of Draft Approval has been satisfied along with the appropriate clearance letter from the Agency, Ministry of Municipal Affairs & Housing or body requesting the condition.” (iv) That the following shall be added as Note 13: “13. Prior to Final Plan Approval, the Applicant shall submit to the City of Kingston for review 4 draft copies of all Reference Plans and Survey Plans and 3 draft copies of the Final M- Plan.” (v) That the following shall be added as Note 14: “14. When requesting Final Approval, such a request must be directed to the Planning Division and be accompanied with: 8 Mylar and 4 paper prints of the completed Final M-Plan, 4 copies of all Reference Plans and 4 copies of all Conveyance Documents for all easements and lands being conveyed to the Municipality; and, A Surveyor’s Certificate to the effect that the lots and blocks on the Plan conform to the Zoning By-Law.”

REPORTS Report No. 73 of the Planning Committee

(vi) That the following shall be added as Note 15: “15. Ontario Hydro Services advises that an electrical distribution line operating at below 50,000 volts might be located within the area affected by this development or abutting this development. Section 186 – Proximity – of the Regulations for Construction Projects in the Occupational Health and Safety Act, requires that no object be brought closer than 3 metres (10 feet) to the energized conductor. It is the proponent’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the electrical conductors can raise and lower without warning, depending on the electrical demand placed on the line. Warning signs should be posted on the wood poles supporting the conductors stating “DANGER – Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.”

Page 473 City Council Meeting No. 21 Minutes July 29, 2003 –and further– BE IT RESOLVED THAT the Conditions of Draft Plan Approval, dated January 30, 1998, be amended for Phase 3 of the Lyndenwood Subdivision as follows:

• That Condition No. 1. be amended to include the following Revised Draft Plan of Subdivision respecting Parts of Lots 14 and 15, Concession 3, in the City of Kingston, said lands comprising Lots 125 – 216 inclusive, Blocks 218 – 221 inclusive, and Parts of Blocks 231 and 232, and Parts of Streets “A”, “E”, “F”, “I” and “T” and all of Street “O” as shown on the Draft Plan of Subdivision prepared by M. Peter Allen, O.L.S. of Grange W. Elliot Ltd., dated June 9, 1997 and revised December 12, 1997: “1A. That this revised approval applies to the Draft Plan of Subdivision, prepared by D.R. Barker & Associates Ltd., Consulting Engineers, Dated September 2002, showing the proposed subdivision of the 7.79 hectare parcel of land located on the east and west sides of Andersen Drive, north of Ellesmeer Avenue in the Cataraqui North Neighbourhood, and comprised of the following: • 36 lots for single detached dwellings (Lots 1-36 inclusive) • 8 blocks for residential development (Blocks 37-44 inclusive); • 2 blocks for rear lanes (Blocks 45 and 46); • 4 streets (northerly extension of Andersen Drive and three new streets, Richwood Crescent, Richwood Street and Seale Court).

• That this Revised Draft Plan shall be subject to the Conditions set out in the Draft Plan Approval issued by the Ministry of Municipal Affairs & Housing, dated January 30, 1998, respecting Ministry File No. 10-T-95004.

• That in addition to the Ministry of Municipal Affairs & Housing’s Conditions of Draft Plan Approval, the following additional conditions shall apply to the Revised Draft Plan set out in Clause 1A above: (i) That, prior to final approval of the Plan of Subdivision, the Owner shall provide confirmation that civic addresses have been assigned to the proposed lots by the Municipality’s Planning Division. The Draft M-Plan shall be submitted to the Planning Division in an AutoCAD readable format on either a 3 ½-inch diskette or compact disc (CD), together with 2 paper prints. (ii) That, prior to final approval of the Subdivision, a Noise Study shall be prepared and certified by a Professional Engineer, to the Municipality’s satisfaction, to specifically address the impacts of the proposed roads, specifically Andersen Drive, Crossfield Avenue, and Sydenham Road on the residential lots. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement any noise attenuation measures required by the Study to the satisfaction of the Municipality. REPORTS Report No. 73 of the Planning Committee

(iii) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Surveyor’s Certificate to the City which confirms that the Blocks and proposed lots within the Subdivision conform to the applicable minimum lot area, lot frontage and setback requirements of the Zoning By- Law. (iv) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Geotechnical Report, prepared and certified by a Professional Engineer, for approval by the Municipality. The recommendations of the Report shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Report recommendations, to the satisfaction of the Municipality. (v) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Storm Water Management Report, prepared and certified by a Professional Engineer, for approval by the Municipality and the Cataraqui Region Conservation Authority. The recommendations of the Report

Page 474 City Council Meeting No. 21 Minutes July 29, 2003 shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Report recommendations, to the satisfaction of the Municipality. (vi) That, prior to final approval of the Plan of Subdivision, the Owner shall enter into an Agreement with the Municipality to construct the required services. (vii) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Tree Preservation Plan for review and approval by the Municipality. (viii) That Conditions 6 and 25–30 inclusive are hereby amended to reflect the Municipality as the Approval Authority rather than the Ministry of Municipal Affairs & Housing, and that any required Clearance Letters are to be forwarded to the Municipality and not the Ministry of Municipal Affairs & Housing. (ix) That a temporary turning circle may be required at the end of Andersen Drive. Prior to final approval of the Plan of Subdivision, the Owner shall submit written permission from the adjacent land owners for any works to be constructed outside the boundaries of this Draft Plan of Subdivision. (x) That Lots 10-15 inclusive shall not be developed until such time as they are transferred to and combined with Lots 47-49 in Phase 2. (xi) That any proposed construction phasing/staging shall be approved by the Municipality and set out in the Subdivision Agreement. (xii) That driveway access will be restricted for certain lots along Andersen Drive and Crossfield Avenue (Lots 22 & 36 and Block 42). (xiii) That no new development in Block 41 shall front onto Sydenham Road. (xiv) That Blocks 45 and 46 shall be designated as rear lanes and shall not be owned or maintained by the Municipality. A notice to future lot owners in regard to rear land ownership shall be included in the Subdivision Agreement. (xv) That the naming of the rear lanes shall be to the Municipality’s satisfaction in accordance with the adopted Street Naming Conventions.

REPORTS Report No. 73 of the Planning Committee

(xvi) That, prior to final approval, the developer shall provide an updated traffic study to the Municipality. The updated traffic study shall be used to determine the owner’s contribution to a future left-turn lane on Andersen Drive at Princess Street. The contribution shall be determined on the basis of the percentage of traffic generated by the “Lyndenwood” Subdivision as a percentage of the total anticipated traffic on Andersen Drive. (xvii) That, prior to final approval for Phase 3 of the Lyndenwood Subdivision, construction of the B2E Storm Water Management Pond for the Cataraqui North Neighbourhood shall be complete. (xviii) That, prior to final approval, either Richwood Street or Richwood Crescent shall be renamed to the satisfaction of the Municipality in order to comply with the adopted Street Naming Conventions.

• That in addition to the Notes to the Ministry of Municipal Affairs & Housing’s Conditions of Draft Plan Approval, the following amended or new Notes shall apply to the Revised Draft Plan set out in Clause 1A above: (i) That Note 1 to the Ministry of Municipal Affairs & Housing’s Draft Plan Approval of January 30, 1998, shall be deleted in its entirety and be replaced with the following new Note 1:

Page 475 City Council Meeting No. 21 Minutes July 29, 2003 “It is the applicant’s responsibility to fulfil the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Planning Division, Planning and Development Services, of the City of Kingston.” (ii) That Note 11 to the Ministry of Municipal Affairs & Housing’s Draft Plan Approval of January 30, 1998 shall be deleted in its entirety and be replaced with the following new Note 11: “11. The Final Plan approved by the City must be registered within 30 days or the City may, under Subsection 51(59) of the Planning Act, withdraw its approval.” (iii) That the following shall be added as Note 12: “12. When requesting Final Approval, the Applicant shall submit a detailed account of how each Condition of Draft Approval has been satisfied along with the appropriate clearance letter from the Agency, Ministry or body requesting the condition.” (iv) That the following shall be added as Note 13: “13. Prior to Final Plan Approval, the Applicant shall submit to the City of Kingston for review 4 draft copies of all Reference Plans and Survey Plans and 3 draft copies of the Final M- Plan.” (v) That the following shall be added as Note 14: “14. When requesting Final Approval, such a request must be directed to the Planning Division and be accompanied with:

8 Mylar and 4 paper prints of the completed Final M-Plan, 4 copies of all Reference Plans and 4 copies of all Conveyance Documents for all easements and lands being conveyed to the Municipality; and, a Surveyor’s Certificate to the effect that the lots and blocks on the Plan conform to the Zoning By-Law.”

REPORTS Report No. 73 of the Planning Committee

(vi) That the following shall be added as Note 15: “15. Ontario Hydro Services advises that an electrical distribution line operating at below 50,000 volts might be located within the area affected by this development or abutting this development. Section 186 – Proximity – of the Regulations for Construction Projects in the Occupational Health and Safety Act, requires that no object be brought closer than 3 metres (10 feet) to the energized conductor. It is the proponent’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the electrical conductors can raise and lower without warning, depending on the electrical demand placed on the line. Warning signs should be posted on the wood poles supporting the conductors stating “DANGER – Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.” CARRIED

Page 476 City Council Meeting No. 21 Minutes July 29, 2003 Council consented to separate the clause.

6. Moved by Councillor Foster Seconded by Councillor George WHEREAS the Ontario Environmental Assessment Act requires that a full range of alternatives be considered in an environmental assessment (EA), and; WHEREAS concerns have been raised as to the adequacy of the consideration of alternatives and the rationale for favouring a bridge rather than a ferry link, and; WHEREAS the Township of Frontenac Islands has announced its intents to purchase a new, larger ferry costing $1,500,000.00 to serve Howe Island residents, and; WHEREAS the purchase of this new ferry may have changed the environmental setting of this environmental assessment and therefore the original analysis that determined that a bridge was the best alternative may no longer be appropriate; THEREFORE BE IT RESOLVED THAT the bump-up request by the City of Kingston on the Howe Island Link Environmental Study Report be maintained on the basis that an inadequate analysis of alternatives to a bridge was originally conducted; CARRIED (Councillors Meers, Stoparczyk and Sutherland OPPOSED)

–and further– THAT the matter be referred back to staff to prepare a report to the Planning Committee to determine whether the City should request an addendum from the proponent to revise the analysis of alternatives to the bridge to factor in the announced purchase of the new ferry; CARRIED (Councillor Meers OPPOSED)

–and further–

REPORTS Report No. 73 of the Planning Committee

THAT staff resolve to Council’s satisfaction how a legal agreement may be crafted to ensure that Kingston taxpayers would not be liable for maintenance of the bridge or the new road associated with the bridge. CARRIED (13:0) (See Recorded Vote) (See Following Motion to DEFER Which Was LOST)

A Recorded Vote was requested by Councillor Meers and commenced with same. YEAS: Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes, Councillor Foster, Councillor Garrison, Councillor George, Councillor Meers, Councillor Pater, Councillor Rogers, Councillor Stoparczyk, Councillor Sutherland (13) NAYS: (0)

Moved by Councillor Sutherland Seconded by Councillor Stoparczyk THAT the motion of Councillors Foster and George be deferred to allow staff to bring a report back to Council to determine whether to request an addendum to the report of the Planning Committee or the bump-up.

Page 477 City Council Meeting No. 21 Minutes July 29, 2003 LOST

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INFORMATION REPORTS Mr. Bert Meunier, Chief Administrative Officer, spoke to Council concerning the Balanced Scorecard Development report (Report No. 03-250).

1. Balanced Scorecard Development (03-250) The purpose of this report is to provide background information related to the development of a Balanced Scorecard and to extend an invitation to Council to attend an information session on September 18, 2003. (File No. CSU-M09-000-2003)

2. Demolition & Removal of River Street Bridge (03-232) The purpose of this report is to inform Council of the undertaking by Utilities Kingston on various projects in areas of River Street, Orchard Street, Cataraqui Street and the unopened Wellington Street south of Cataraqui Street (File No. CSU-T06-000-2003)

3. Gas Rate Adjustment (UK38-03-C) The purpose of this report is to inform Council of an increase in the rate for the commodity component of the natural gas charges from $0.2875 to $0.2995 per cubic metre, effective August 1, 2003. (File No. CSU-E06-000-2003)

* * * * * * * * * * * *

MISCELLANEOUS BUSINESS Council consented to delete Amelia Colebourne as an applicant to the Kingston Environmental Advisory Forum as she is a resident of Sydenham.

1. Moved by Councillor Beavis Seconded by Councillor George THAT Harry Cleghorn, Andy Mills and Isabel Santibanez be appointed to fill vacancies on the Kingston Environmental Advisory Forum for a term ending November 30, 2003. (File No. CSU-C12-000-2003) CARRIED

* * * * * * * * * * * *

MOTIONS Council consented to the addition of Motion No. 4.

(1) Moved by Mayor Turner Seconded by Councillor Pater WHEREAS August 15, 2003 marks the birthday of Her Royal Highness, The Princess Royal, and;

Page 478 City Council Meeting No. 21 Minutes July 29, 2003 WHEREAS Her Royal Highness will soon honour us with her presence at City Hall on August 31, 2003 to share our civic pride in the accomplishments and exemplary service to Canada of the Communications and Electronics Branch of the Canadian Forces; THEREFORE BE IT RESOLVED THAT Kingston City Council, on behalf of the members of our community, do hereby extend the best wishes of the City of Kingston to Her Royal Highness, The Princess Royal on the occasion of her birthday. (File No. CSU-M11-000-2003) WITHDRAWN

(2) Moved by Councillor Meers Seconded by Councillor Stoparczyk THAT the condolences of Kingston City Council be extended to Sheila Birrell, former City Clerk, and family on the death of her mother, the late Mrs. Barbara Quinlan. (File No. CSU-M11-000-2003) CARRIED

(3) Moved by Mayor Turner Seconded by Councillor Campbell THAT the condolences of Kingston City Council be extended to Deputy Chief Dan Murphy of the Kingston City Police and family on the death of his mother-in-law, the late Mrs. Lucille Malboeuf. (File No. CSU-M11-000-2003) CARRIED

MOTIONS (4) Moved by Mayor Turner Seconded by Councillor George WHEREAS the City of Kingston will be receiving a contribution of $25 million from the Government of Canada toward the upgrade of the Ravensview Water Pollution Control Plant, and; WHEREAS this contribution will allow the municipality to initiate this $80 million project five years ahead of schedule, and; WHEREAS this project will have a significantly positive impact on improving the health and environment of our community; THEREFORE BE IT RESOLVED THAT Council, on behalf of all of its citizens, express our appreciation and gratitude to our Member of Parliament and Speaker of the House, the Honourable Peter Milliken, for his dedicated work and support in making this grant possible. (File No. CSU-M11-000-2003) CARRIED

* * * * * * * * * * * *

NOTICES OF MOTION (1) Moved by Councillor Stoparczyk Seconded by Councillor Clements

Page 479 City Council Meeting No. 21 Minutes July 29, 2003 THAT, effective December 1, 2003, the remuneration and car allowance for the Mayor and Members of Council be adjusted annually to the cost of living, as established by the Consumer Price Index on the previous October 1st; –and further– THAT By-Law No. 99-169 “A By-Law To Provide For The Annual Paying Of An Annual Allowance To The Members Of Council For The Corporation Of The City Of Kingston” be amended accordingly.

Council consented to separate the motion.

(2) Moved by Councillor Garrison Seconded by Councillor Campbell THAT the issue of demolishing the River Street Bridge be referred to the Local Architectural Conservation Advisory Committee for comment, and; LOST (5:8) (See Recorded Vote No. 1)

Moved by Councillor Pater Seconded by Councillor Rogers THAT, if it is determined by the Local Architectural Conservation Advisory Committee that it should be saved, staff investigate the possibility of seeking interested community stakeholders to assist in maintaining this historic bridge. LOST

NOTICES OF MOTION (3) Moved by Councillor Garrison Seconded by Councillor Clements THAT Council waive Section 9.4 of By-Law No. 98-1 for the purpose of dealing with a motion on the River Street Bridge. CARRIED (10:3) (See Recorded Vote No. 2) (A 2/3 Vote of Council Was Received)

1. A Recorded Vote was requested by Councillor Garrison and commenced with same. YEAS: Councillor Campbell, Councillor Garrison, Councillor Meers, Councillor Pater, Councillor Rogers (5) NAYS: Mayor Turner, Councillor Beavis, Councillor Clements, Councillor Downes, Councilor Foster, Councillor George, Councilllor Stoparczyk, Councillor Sutherland (8)

2. A Recorded Vote was requested by Councillor Garrison and commenced with same. YEAS: Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes, Councillor Foster, Councillor Garrison, Councillor Meers, Councillor Pater, Councillor Sutherland (10) NAYS: Councillor George, Councillor Rogers, Councilllor Stoparczyk (3)

Page 480 City Council Meeting No. 21 Minutes July 29, 2003 * * * * * * * * * * * *

TABLING OF DOCUMENTS 2003-96 The Downtown Kingston! Board of Management Agenda - July 23, 2003 (File No. CSU-A01-001-2003)

2003-97 The Downtown Kingston! Board of Management Proposed Christmas Plan for Downtown Kingston (File No. CSU-A01-001-2003)

2003-98 The Kingston Police Services Board Agenda - Meeting No. 03-9 - July 17, 2003 (File No. CSU-C05-000-2003)

2003-99 The Cataraqui Region Conservation Authority Minutes - Full Authority Meeting - June 25, 2003 (File No. CSU-C06-000-2003)

2003-100 Kingston Frontenac Public Library Board Minutes - Meeting #2003-04 - April 23, 2003 (File No. CSU-C06-000-2003)

TABLING OF DOCUMENTS 2003-101 Kingston Frontenac Public Library Board Minutes - Meeting #2003-05 - May 20, 2003 (File No. CSU-C06-000-2003)

2003-102 Bridge House Annual Report 2002 (File No. CSU-C00-000-2003)

* * * * * * * * * * * *

COMMUNICATIONS Council consented to the disposition of Communications in the following manner: Filed 21-427 From the City of , informing Council of a resolution passed by the Vaughan City Council to request that the Provincial government not consider future legislation that will impose the use of referendums relating to property tax increases. (File No. CSU-C10-000-2003)

21-428 From the Committee of Adjustment, a Notice of Decision for the following applications: MINOR VARIANCE - BARRY HUTT - in respect of an application for a minor variance from Zoning By-Law No. 32-74 for the property at 2347 Highway #2 East in order to permit the construction of a two-storey structure BE APPROVED, subject to conditions. The final date of appeal is July 29, 2003.

Page 481 City Council Meeting No. 21 Minutes July 29, 2003 MINOR VARIANCE - GUNNAR HEISSLER - in respect of an application for minor variances from Zoning By-Law No. 32-74 for the property at 1656 St. Lawrence Avenue in order to permit the construction of various modifications to the existing structure BE APPROVED, subject to conditions. The final date of appeal is July 29, 2003. (File No. CSU-D19-000-2003)

Referred to All Members of Council 21-429 From Kevin Riley, Treatment Group Manager for Utilities Kingston, informing Council of a renewal application submitted to the Ministry of the Environment for Approval of a Processed Organic Waste (biosolids) Disposal Site. (File No. CSU-E07-000-2003) (Copied to all Members of Council on July 25, 2003)

21-430 From the City of Toronto, requesting Council’s support of a resolution to support the action of the Communications, Energy & Paperworkers Union of Canada and the Canadian Union of Public Employees to defend against the appeal by the Ontario Government with regards to the decision to stop the sale of Hydro One. (File No. CSU-C10-000-2003) (Copies distributed to all Members of Council on July 25, 2003)

21-431 From the Association of Municipalities of Ontario, informing Council that the Provincial government has filed Bill 81, the Nutrient Management Act, which will come into effect on September 30, 2003. (File No. CSU-A01-004-2003) (Copied to all Members of Council on July 25, 2003) COMMUNICATIONS 21-432 From the Association of Municipalities of Ontario, informing Council of the closure of the Judson Street stores, which are supply/distribution centres for land ambulance needs. (File No. CSU-A01-004-2003) (Copied to all Members of Council on July 25, 2003)

21-433 From John Gerretsen, MPP for Kingston & The Islands, a letter to the Honourable Janet Ecker, Minister of Finance, supporting the provincial initiative to provide funding for the Ravensview Water Pollution Control Plant. (File No. CSU-E03-000-2003) (Copies distributed to all Members of Council on July 25, 2003)

21-434 From D. P. Gracey, writing on behalf of the Council on Aging, informing Council of Second Wind, a rehabilitation reform demonstration project proposal to the Ministry of Health & Long-Term Care. (File No. CSU-S02-000-2003) (Copies distributed to all Members of Council on July 25, 2003)

24-440 From Ross & Gail Hermiston, requesting Council’s support of the resolution to amend the Zoning By-Law to permit the construction of a semi-detached building at 77 Alwington Avenue. (File No. CSU-M04-000-2003; CSU-D09-000-2003) (See Clause (2), Report No. 72) (Copied to all Members of Council on July 25, 2003)

Referred to the Commissioner of Corporate Services

Page 482 City Council Meeting No. 21 Minutes July 29, 2003 21-435 From the Association of Municipalities of Ontario, informing Council of an invitation extended to the Canadian Taxpayers’ Federation to give a third-party review of how adequately municipal government is financed in Ontario. (File No. CSU-A01-004-2003) (Copied to all Members of Council on July 25, 2003)

Referred to the Commissioner of Planning & Development Services 21-436 From the Ministry of Agriculture & Food, an information package on the Nutrient Management Act, developed specifically for municipalities. (File No. CSU-A16-000-2003)

Referred to the Municipal Accessibility Advisory Committee 21-437 From John Gerretsen, MPP for Kingston & The Islands, a letter from the Ministry of Community, Family & Children’s Services concerning the Ontario Disability Support Program and Ontario Works. (File No. CSU-A16-000-2003; CSU-S04-000-2003)

Referred to the Ad-Hoc Pesticide Reduction Committee 21-438 From John Howard, on behalf of the Members of the Municipal Integrated Pest Management Working Group, informing Council of the development of the Integrated Pest Management Accreditation Program, in order to ensure the development of sustainable standards and that best practices are followed by all agencies involved in pest management. (File No. CSU-A16-000-2003; CSU-E05-000-2003) COMMUNICATIONS Referred to the President & CEO of Utilities Kingston 21-439 From Mike Deschesne, Eastern District Manager of Union Gas, informing Council of a rate change in the price of natural gas to approximately 29 cents per cubic metre. (File No. CSU-E06-000-2003) (See Information Report No. (3) (Copied to all Members of Council on July 25, 2003)

* * * * * * * * * * *

OTHER BUSINESS * * * * * * * * * * *

BY-LAWS (A) Moved by Councillor Meers Seconded by Councillor Beavis THAT By-Laws (1) through (6) be given their first and second reading. CARRIED

(B) Moved by Councillor Pater Seconded by Councillor Sutherland THAT Clause 7.6 of By-Law No. 98-1 be suspended for the purpose of giving By-Law (1) three readings. CARRIED (Councillors Meers and Rogers OPPOSED)

Page 483 City Council Meeting No. 21 Minutes July 29, 2003

(C) Moved by Councillor Rogers Seconded by Councillor Campbell THAT By-Laws (1) and (3) through (110) be given their third reading. CARRIED (Councillor Meers OPPOSED)

(1) A By-Law To Provide For The Temporary Closure Of Patrick Street From Alma Street To Pine Street And Alma Street From Ordnance Street To Patrick Street On Sunday, August 17, 2003 From 7:00 AM To 5:00 PM (Community Purposes - Over-The-Hill Soap Box Derby). THREE READINGS PROPOSED NO. 2003-349 (Clause (a), Report No. 71)

(2) A By-Law To Amend By-Law No. 3-84 (Former Pittsburgh Township) “A By-Law To Designate Certain Properties As Properties Of Historic And Architectural Value Or Interest” (De-Designation Of Vacant Lands At 24 Faircrest Boulevard). FIRST AND SECOND READING PROPOSED NO. 2003-350 (Clause (b), Report No. 71)

BY-LAWS (3) A By-Law To Amend By-Law No. 76-26 Of The Corporation Of The City Of Kingston (Site Specific Zoning – “C2-23”; 875 Counter Street; Part Of Lot 16, Concession 3, Former Township Of Kingston). THREE READINGS PROPOSED NO. 2003-351 (Clause (1), Report No. 73)

(4) A By-Law To Amend Zoning By-Law No. 8499 Of The Former City Of Kingston (Site Specific – 100 & 104 Day Street – Rezone To Modified “A5.329” Residential Zone). THREE READINGS PROPOSED NO. 2003-352 (Clause (3), Report No. 73)

(5) A By-Law To Amend Zoning By-Law No. 76-26, Zoning By-Law For The Former Township Of Kingston (Site Specific – 787–791 Shires Way). THREE READINGS PROPOSED NO. 2003-353 (Clause (4), Report No. 73)

(6) A By-Law To Confirm The Proceedings Of Council At Its Meeting Held On Tuesday, July 29, 2003. THREE READINGS PROPOSED NO. 2003-354 (City Council Meeting No. 21-2003)

(7) A By-Law To Authorize The President & CEO Of Utilities Kingston Or His/Her Designate To Approve And Sign Applications To The Ministry Of The Environment Under Sections 52 And 53 Of The Ontario Water Resources Act On Behalf Of The City Of Kingston.

Page 484 City Council Meeting No. 21 Minutes July 29, 2003 THIRD READING PROPOSED NO. 2003-170 (Clause (a), Report No. 67)

(8) A By-Law To Provide For The Temporary Closure Of Bagot Street From Barrie Street To West Street On Wednesday, September 3, 2003 From 4:00 PM To 5:30 PM (Community Purposes - Queen’s Alma Mater Society Bigger & Better Event And Parade). THIRD READING PROPOSED NO. 2003-171 (Clause (l), Report No. 67)

(9) A By-Law To Provide For Temporary One-Way Traffic Patterns On Various Streets On Sunday, August 31, 2003 From 8:00 AM To 5:00 PM (Community Purposes - Queen’s Alma Mater Society Moving-In Day). THIRD READING PROPOSED NO. 2003-172 (Clause (m), Report No. 67)

(10) A By-Law To Provide For The Temporary Closure Of University Avenue From Union Street To Stuart Street On Friday, September 5, 2003 From 4:00 AM To 7:00 PM (Community Purposes - Queen’s Alma Mater Society Orientation Sidewalk Sale). THIRD READING PROPOSED NO. 2003-173 (Clause (n), Report No. 67)

BY-LAWS (11) A By-Law To Provide For The Temporary Closure Of Various Streets And For The Temporary Establishment Of A Two-Way Traffic Pattern on Clarence Street from Ontario Street to King Street On Sunday, August 31, 2003 From 1:00 PM To 7:00 PM (Community Purposes - The Royal Visit). THIRD READING PROPOSED NO. 2003-174 (Clause (o), Report No. 67)

(12) A By-Law To Provide For The Temporary Closure Of University Avenue From Union Street To Stuart Street On Saturday, October 4, 2003 From 5:00 AM To 6:00 PM (Community Purposes - Queen’s University Alumni Sidewalk Sale). THIRD READING PROPOSED NO. 2003-175 (Clause (p), Report No. 67)

(13) A By-Law To Provide For The Temporary Closure Of Aberdeen Street From Earl Street To Johnson Street On Sunday, September 21, 2003 From 8:00 AM To 8:00 PM (Community Purposes - Queen’s Alma Mater Society Road Hockey Tournament). THIRD READING PROPOSED NO. 2003-176 (Clause (q), Report No. 67)

(14) A By-Law To Provide For The Temporary Closure Of Market Street From Ontario Street To King Street On Saturday, October 18, 2003 From 9:00 AM To 4:00 PM (Community Purposes - Market’s Fall & Apple Festival). THIRD READING PROPOSED NO. 2003-177 (Clause (r), Report No. 67)

Page 485 City Council Meeting No. 21 Minutes July 29, 2003 (15) A By-Law To Authorize The Manager Of Engineering To Be Granted The Authority On Behalf Of The City Of Kingston To Sign Federal Funding Agreements With Transport Canada For The Financial Contribution Of Up To 80% Of The Cost Of Railway Safety Improvements At Grade Crossings. THIRD READING PROPOSED NO. 2003-183 (Clause (x), Report No. 67)

(16) A By-Law To Regulate Traffic. THIRD READING PROPOSED NO. 2003-209 (Clause (3), Report No. 68)

(17) A By-Law To Amend By-Law No. 24 “A By-Law For Regulating Traffic In The Highways Of The City Of Kingston, Subject To The Provisions Of The Highway Traffic Act” (Former City Of Kingston). THIRD READING PROPOSED NO. 2003-210 (Clause (3), Report No. 68)

BY-LAWS (18) A By-Law To Amend By-Law No. 2-1994 “A By-Law To Regulate The Use Of And Traffic, Parking And Stopping On Highways And Bridges Under The Jurisdiction Of The Council Of The Corporation Of The County Of Frontenac, And The Parking Lot At The Rear Of The Frontenac County Court House Pursuant To The Municipal Act, RSO 1990, Chapter M.45, As Amended” (Former County Of Frontenac). THIRD READING PROPOSED NO. 2003-211 (Clause (3), Report No. 68)

(19) A By-Law To Repeal By-Law No. 3182 “A By-Law To Authorize Higher Or Lower Speed Limits On Certain Streets In The City Of Kingston”. THIRD READING PROPOSED NO. 2003-212 (Clause (3), Report No. 68)

(20) A By-Law To Repeal By-Law No. 2001-68 “A By-Law To Designate School Zones And To Prescribe Maximum Speed Limits Within Them” (City Of Kingston). THIRD READING PROPOSED NO. 2003-213 (Clause (3), Report No. 68)

(21) A By-Law To Repeal By-Law No. 99-279 “A By-Law To Prescribe The Rate Of Speed On Streets Located In The Geographic Areas Known As The Former Township Of Kingston And The Former Township Of Pittsburgh”. THIRD READING PROPOSED NO. 2003-214 (Clause (3), Report No. 68)

(22) A By-Law To Repeal By-Law No. 418 “A By-Law To Set A Speed Limit On All Roads Within The Township Of Kingston.”

Page 486 City Council Meeting No. 21 Minutes July 29, 2003 THIRD READING PROPOSED NO. 2003-215 (Clause (3), Report No. 68)

(23) A By-Law To Repeal By-Law No. 1033 “A By-Law To Authorize The Reduction Of The Speed Limit Within The Township Kingston To Thirty-Five Miles Per Hour”. THIRD READING PROPOSED NO. 2003-216 (Clause (3), Report No. 68)

(24) A By-Law To Repeal By-Law No. 68-32 “A By-Law To Authorize The Reduction Of The Speed Limit On A Portion Of The Woodbine Road From The South Limit Of Highway No. 2 Thirty-Five Hundred Feet Westerly To Thirty-Five Miles Per Hour” (Former Kingston Township). THIRD READING PROPOSED NO. 2003-217 (Clause (3), Report No. 68)

BY-LAWS (25) A By-Law To Repeal By-Law No. 73-24 “A By-Law To Authorize With The Approval Of The Ministry Of Transportation And Communications (Formerly Department Of Transportation) The Reduction Of The Speed Limit On Sunnyside Road In The Township Of Kingston From Fifty Miles Per Hour To Forty Miles Per Hour”. THIRD READING PROPOSED NO. 2003-218 (Clause (3), Report No. 68)

(26) A By-Law To Repeal By-Law No. 75-45 “Being A By-Law To Authorize The Reduction Of The Speed Limit On Woodbine Road From Collins Bay Road Westerly To The Intersection Of Woodbine Road And Westbrook Road And On The Westbrook Road From Woodbine Road Northerly To The Intersection Of Westbrook Road And Highway No. 2 In The Township Of Kingston From 50 Miles Per Hour To 35 Miles Per Hour”. THIRD READING PROPOSED NO. 2003-219 (Clause (3), Report No. 68)

(27) A By-Law To Repeal By-Law No. 79-7 “Being A By-Law To Authorize The Reduction Of The Speed Limit On Woodbine Road From Collins Bay Road Westerly To The Intersection Of Woodbine Road And Westbrook Road And To Amend By-Law 75-45”(Former Kingston Township). THIRD READING PROPOSED NO. 2003-220 (Clause (3), Report No. 68)

(28) A By-Law To Repeal By-Law No. 82-13 “A By-Law To Authorize The Reduction Of The Speed Limit On Bayridge Drive And Taylor Boulevard In The Township Of Kingston To 50 Kilometres Per Hour”. THIRD READING PROPOSED NO. 2003-221 (Clause (3), Report No. 68)

Page 487 City Council Meeting No. 21 Minutes July 29, 2003 (29) A By-Law To Repeal By-Law No. 83-75 “A By-Law To Authorize The Reduction Of The Speed Limit On A Portion Of Woodbine Road In The Township Of Kingston To 50 Kilometres Per Hour”. THIRD READING PROPOSED NO. 2003-222 (Clause (3), Report No. 68)

(30) A By-Law To Repeal By-Law No. 84-39 “A By-Law To Establish A Rate Of Speed On Patterson Road Between County Road II (Battersea Road) And The Seventh Concession Road” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-223 (Clause (3), Report No. 68)

(31) A By-Law To Repeal By-Law No. 19-85 “Being A By-Law Increase Or Decrease The Speed Of Motor Vehicles From Statutory Speed Limits Sept, 1985” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-224 (Clause (3), Report No. 68)

BY-LAWS (32) A By-Law To Repeal By-Law No. 85-27 “A By-Law To Authorize The Reduction Of The Speed Limit On A Portion Of Hudson Drive In The Township Of Kingston To 40 Kilometres Per Hour”. THIRD READING PROPOSED NO. 2003-225 (Clause (3), Report No. 68)

(33) A By-Law To Repeal By-Law No. 85-52 “A By-Law To Authorize The Reduction Of The Speed Limit On A Portion Of Woodbine Road In The Township Of Kingston To 50 Kilometres Per Hour”. THIRD READING PROPOSED NO. 2003-226 (Clause (3), Report No. 68)

(34) A By-Law To Repeal By-Law No. 86-9 “A By-Law To Authorize The Speed Limit On River Ridge Drive In The Township Of Kingston To 50 Kilometres Per Hour”. THIRD READING PROPOSED NO. 2003-227 (Clause (3), Report No. 68)

(35) A By-Law To Repeal By-Law No. 87-48 “A By-Law To Authorize The Reduction Of The Speed Limit On Norwest Road In The Township Of Kingston To 50 Kilometres Per Hour”. THIRD READING PROPOSED NO. 2003-228 (Clause (3), Report No. 68)

(36) A By-Law To Repeal By-Law No. 88-10 “A By-Law To Create A Reduced Speed Zone On Welborne Avenue In The Vicinity Of Welborne Public School” (Former Kingston Township). THIRD READING PROPOSED NO. 2003-229 (Clause (3), Report No. 68)

Page 488 City Council Meeting No. 21 Minutes July 29, 2003

(37) A By-Law To Repeal By-Law No. 88-192 “A By-Law To Authorize The Reduction Of The Speed Limit On Cordukes Road In The Township Of Kingston To 60 Kilometres Per Hour”. THIRD READING PROPOSED NO. 2003-230 (Clause (3), Report No. 68)

(38) A By-Law To Repeal By-Law No. 88-227 “A By-Law To Authorize The Reduction Of The Speed Limit On The Fourth Concession Road To 60 Kilometres Per Hour” (Former Kingston Township). THIRD READING PROPOSED NO. 2003-231 (Clause (3), Report No. 68)

(39) A By-Law To Repeal By-Law No. 92-102 “A By-Law To Authorize The Reduction Of Speed Limit On Rosedale Drive, Arne Crescent, Shepherd Drive And Highland Heights Road In The Township Of Kingston To 50 Kilometres Per Hour”. THIRD READING PROPOSED NO. 2003-232 (Clause (3), Report No. 68)

BY-LAWS (40) A By-Law To Repeal By-Law No. 93-130 “A By-Law To Authorize A Reduction Of The Speed Limit On Coverdale Drive In The Township Of Kingston To 50 KM Per Hour”. THIRD READING PROPOSED NO. 2003-233 (Clause (3), Report No. 68)

(41) A By-Law To Repeal By-Law No. 93-186 “A By-Law To Authorize A Reduction In The Speed Limit On Bur Creek Road From Sydenham Road To Jackson Mills Road In The Township Of Kingston To 50 KM Per Hour”. THIRD READING PROPOSED NO. 2003-234 (Clause (3), Report No. 68)

(42) A By-Law To Repeal By-Law No. 93-188 “A By-Law To Authorize A Reduction In The Speed Limit On Gardiners Road In The Township Of Kingston To 60 KM Per Hour, Between Princess Street (Kings Highway # 2) And A Point 205 Metres North Of Cataraqui Woods Drive And To 70 KM Per Hour Between Creekford Road/Centennial Drive And A Point 205 Metres North Of Cataraqui Woods Drive”. THIRD READING PROPOSED NO. 2003-235 (Clause (3), Report No. 68)

(43) A By-Law To Repeal By-Law No. 94-85 “A By-Law To Authorize A Reduction In The Speed Limit On Ridley Drive, Old Colony Road And Milford Drive” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-236 (Clause (3), Report No. 68)

(44) A By-Law To Repeal By-Law No. 96-39 “A By-Law To Authorize A Reduction In The Speed Limit On Truedell Road, A Section Of Hudson Drive From Approximately 100 Metres North Of Development Drive To Bayridge Drive And A Section Of Pembridge Crescent Between A Point Approximately 200 Metres East And 225 Metres West Of The Southern Intersection With Milford Drive” (Former Township Of Kingston).

Page 489 City Council Meeting No. 21 Minutes July 29, 2003 THIRD READING PROPOSED NO. 2003-237 (Clause (3), Report No. 68)

(45) A By-Law To Repeal By-Law No. 96-108 “A By-Law To Authorize The Reduction In The Speed Limit On Westbrook Road Between The Creekford Road And Princess Street” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-238 (Clause (3), Report No. 68)

(46) A By-Law To Repeal By-Law No. 96-117 “A By-Law To Authorize The Reduction In The Speed Limit On Appledown Drive Between Ridley Drive And The South Leg Of Braeside Crescent” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-239 (Clause (3), Report No. 68)

BY-LAWS (47) A By-Law To Repeal By-Law No. 97-67 “A By-Law To Prescribe The Rate Of Speed On Maple Lawn Drive” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-240 (Clause (3), Report No. 68)

(48) A By-Law To Repeal By-Law No. 97-72 “A By-Law To Prescribe The Maximum Rate Of Speed For Motor Vehicles Driven On Leeman Road From Unity Road – Elginburg (County Road 3) To Spooner Road East, And On Spooner Road East From Leeman Road To Division Street (County Road 10)”(Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-241 (Clause (3), Report No. 68)

(49) A By-Law To Repeal By-Law No. 1940-4-40 “A By-Law To Restrict The Speed Of Vehicles On Certain Roads In The Township Of Pittsburgh”. THIRD READING PROPOSED NO. 2003-242 (Clause (3), Report No. 68)

(50) A By-Law To Repeal By-Law No. 6-1945 “A By-Law To Restrict The Speed Of Vehicles On Certain Roads In The Township Of Pittsburgh”. THIRD READING PROPOSED NO. 2003-243 (Clause (3), Report No. 68)

(51) A By-Law To Repeal By-Law No. 24-84 “A By-Law Restricting The Speed Of Motor Vehicles” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-244 (Clause (3), Report No. 68)

Page 490 City Council Meeting No. 21 Minutes July 29, 2003 (52) A By-Law To Repeal By-Law No. 36-85 “A By-Law Increasing Or Decreasing The Speed Of Motor Vehicles From Statutory Speed Limits” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-245 (Clause (3), Report No. 68)

(53) A By-Law To Repeal By-Law No. 42-87 “Being A By-Law For Increasing Or Decreasing The Speed Of Motor Vehicles From Statutory Speed Limits” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-246 (Clause (3), Report No. 68)

(54) A By-Law To Repeal By-Law No. 15-95 “Being A By-Law To Restrict The Speed Of Motor Vehicles In The Village Of Barriefield” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-247 (Clause (3), Report No. 68)

BY-LAWS (55) A By-Law To Repeal By-Law No. 20-1997 “A By-Law To Authorize The County Engineer To Approve Traffic Control Signals Systems And Traffic Control Signals Used In Conjunction With A Traffic Control System” (Former County Of Frontenac). THIRD READING PROPOSED NO. 2003-248 (Clause (3), Report No. 68)

(56) A By-Law To Repeal By-Law No. 468 “A By-Law To Designate Certain Streets In The Township Of Kingston Through Streets”. THIRD READING PROPOSED NO. 2003-249 (Clause (3), Report No. 68)

(57) A By-Law To Repeal By-Law No. 1065 “A By-Law To Designate Henderson Boulevard In Lasalle Park Subdivision In The Township Of Kingston A Through Street”. THIRD READING PROPOSED NO. 2003-250 (Clause (3), Report No. 68)

(58) A By-Law To Repeal By-Law No. 73-26 “A By-Law To Designate Roosevelt Drive In The Township Of Kingston A Through Highway At Its Intersection With Acron Street”. THIRD READING PROPOSED NO. 2003-251 (Clause (3), Report No. 68)

(59) A By-Law To Repeal By-Law No. 78-38 “Providing For The Designation Of Through Highways In The Township Of Kingston”. THIRD READING PROPOSED NO. 2003-252 (Clause (3), Report No. 68)

Page 491 City Council Meeting No. 21 Minutes July 29, 2003 (60) A By-Law To Repeal By-Law No. 93-131 “A By-Law To Amend By-Law #78-38 Providing For The Designation Of Through Highways In The Township Of Kingston”. THIRD READING PROPOSED NO. 2003-253 (Clause (3), Report No. 68)

(61) A By-Law To Repeal By-Law No. 93-187 “A By-Law To Amend By-Law # 78-38 Providing For The Designation Of Through Highways In The Township Of Kingston”. THIRD READING PROPOSED NO. 2003-254 (Clause (3), Report No. 68)

(62) A By-Law To Repeal By-Law No. 18-1957 “A By-Law Designating Through Highways” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-255 (Clause (3), Report No. 68)

BY-LAWS (63) A By-Law To Repeal By-Law No. 908-B “A By-Law To Confirm By-Law No. 18-1957 Of The Township Of Pittsburgh, A By-Law To Make The Road Known As The Joyceville Sideroad In The Township Of Pittsburgh Between Lots 18 & 19 From Highway No. 401 To Highway No. 2A Through Highway”. THIRD READING PROPOSED NO. 2003-256 (Clause (3), Report No. 68)

(64) A By-Law To Repeal By-Law No. 86-42 “A By-Law To Regulate The Movement Of Traffic On Highways In The Township Of Kingston”. THIRD READING PROPOSED NO. 2003-257 (Clause (3), Report No. 68)

(65) A By-Law To Repeal By-Law No. 20-1966 “A By-Law Providing For The Erection Of Stop Signs At Intersections” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-258 (Clause (3), Report No. 68)

(66) A By-Law To Repeal By-Law No. 70-4 “A By-Law To Provide For The Erection Of Stop Signs At The Intersection Of Castell Street And McEwen Drive, In The Township Of Kingston For The Purpose Creating A Four Way Stop Intersection”. THIRD READING PROPOSED NO. 2003-259 (Clause (3), Report No. 68)

(67) A By-Law To Repeal By-Law No. 77-31 “Providing For The Erection Of Stop Signs At Intersections” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-260 (Clause (3), Report No. 68)

Page 492 City Council Meeting No. 21 Minutes July 29, 2003 (68) A By-Law To Repeal By-Law No. 77-50 “Providing For The Erection Of Stop Signs At Intersections” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-261 (Clause (3), Report No. 68)

(69) A By-Law To Repeal By-Law No. 77-56 “Providing For The Erection Of Stop Signs At Intersections” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-262 (Clause (3), Report No. 68)

(70) A By-Law To Repeal By-Law No. 78-31 “Providing For The Erection Of Stop Signs At Intersections” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-263 (Clause (3), Report No. 68)

BY-LAWS (71) A By-Law To Repeal By-Law No. 92-58 “A By-Law To Provide For The Erection Of Stop Signs At Intersections” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-264 (Clause (3), Report No. 68)

(72) A By-Law To Repeal By-Law No. 94-86 “A By-Law To Provide For The Erection Of Stop Signs At Certain Intersections” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-265 (Clause (3), Report No. 68)

(73) A By-Law To Repeal By-Law No. 96-40 “A By-Law To Provide For The Erection Of Stop Signs At The Southern Intersection Of Pembridge Crescent And Milford Drive” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-266 (Clause (3), Report No. 68)

(74) A By-Law To Repeal By-Law No. 96-109 “A By-Law To Provide For The Erection Of Stop Signs At The Intersection Of Westbrook Road And Creekford Road, Westbrook Road And Heath Street, And Westbrook Road And Sproule Street” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-267 (Clause (3), Report No. 68)

(75) A By-Law To Repeal By-Law No. 98-289 “A By-Law To Amend By-Law No 90-77 Of The Former Township Of Kingston “Traffic”, (New Stop Signs: Keenan Drive And Woodside Drive; Cataraqui Woods Drive, Birchwood Drive And Cedarwood Drive)”. THIRD READING PROPOSED NO. 2003-268 (Clause (3), Report No. 68)

Page 493 City Council Meeting No. 21 Minutes July 29, 2003 (76) A By-Law To Repeal By-Law No. 24-79 “Being A By-Law For The Erection Of Stop Signs At Intersection Barriefield” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-269 (Clause (3), Report No. 68)

(77) A By-Law To Repeal By-Law No. 25-80 “Being A By-Law For The Erection Of Stop Signs At Intersection” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-270 (Clause (3), Report No. 68)

(78) A By-Law To Repeal By-Law No. 25-85 “Being A By-Law For The Erection Of Stop Signs At Intersection” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-271 (Clause (3), Report No. 68)

BY-LAWS (79) A By-Law To Repeal By-Law No. 31-85 “Being A By-Law For The Erection Of Stop Signs At Intersection” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-272 (Clause (3), Report No. 68)

(80) A By-Law To Repeal By-Law No. 29-86 “Being A By-Law For The Erection Of Stop Signs At Intersection Point St Mark” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-273 (Clause (3), Report No. 68)

(81) A By-Law To Repeal By-Law No. 33-86 “Being A By-Law For The Erection Of Stop Signs At Intersection Township Road & Gore Road” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-274 (Clause (3), Report No. 68)

(82) A By-Law To Repeal By-Law No. 4-87 “A By-Law Providing For The Erection Of Stop Signs At Intersections” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-275 (Clause (3), Report No. 68)

(83) A By-Law To Repeal By-Law No. 64-87 “By-Law No. 64-87 “Being A By-Law For The Erection Of Stop Signs At Intersection Caughey’s Road” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-276 (Clause (3), Report No. 68)

(84) A By-Law To Repeal By-Law No. 15-88 “Being A By-Law For The Erection Of Stop Signs At Intersection McAlpine Road” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-277

Page 494 City Council Meeting No. 21 Minutes July 29, 2003 (Clause (3), Report No. 68)

(85) A By-Law To Repeal By-Law No. 43-88 “Being A By-Law For The Erection Of Stop Signs At Intersection Rideau Town Centre” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-278 (Clause (3), Report No. 68)

(86) A By-Law To Repeal By-Law No. 57-89 “Being A By-Law For The Erection Of Stop Signs At Intersection Haggerty’s Side Road & Rideau Marina Entrance” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-279 (Clause (3), Report No. 68)

BY-LAWS (87) A By-Law To Repeal By-Law No. 21-90 “Being A By-Law For The Erection Of Stop Signs At Intersection Medley Court” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-280 (Clause (3), Report No. 68)

(88) A By-Law To Repeal By-Law No. 41-91 “Being A By-Law For The Erection Of Stop Signs At Intersection Sand Gully Road” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-281 (Clause (3), Report No. 68)

(89) A By-Law To Repeal By-Law No. 36-92 “Being A By-Law For The Erection Of Stop Signs At Intersection (July 13, 1992” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-282 (Clause (3), Report No. 68)

(90) A By-Law To Repeal By-Law No. 34-94 “Being A By-Law For The Erection Of Stop Signs At The Corner Of Church Lane & Brewer’s Mills Road & Pine Grove Road” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-283 (Clause (3), Report No. 68)

(91) A By-Law To Repeal By-Law No. 6-96 “Being A By-Law For The Erection Of Stop Signs At Various Intersections” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-284 (Clause (3), Report No. 68)

(92) A By-Law To Repeal By-Law No. 54-97 “Being A By-Law For The Erection Of Stop Signs At Various Intersections” (Former Pittsburgh Township). THIRD READING PROPOSED NO. 2003-285 (Clause (3), Report No. 68)

Page 495 City Council Meeting No. 21 Minutes July 29, 2003

(93) A By-Law To Repeal By-Law No. 95-89 “A By-Law To Designate Certain Portions Of Lincoln Drive For One Way Traffic” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-286 (Clause (3), Report No. 68)

(94) A By-Law To Repeal By-Law No. 91-142 “A By-Law To Authorize The Designation Of Hillview Road From King’s Highway # 33 To Centre Street As A One-Way Street” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-287 (Clause (3), Report No. 68)

BY-LAWS (95) A By-Law To Repeal By-Law No. 18-94 “Being A By-Law For The Designation Of A Portion Of Main Street In Barriefield For One-Way Traffic” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-288 (Clause (3), Report No. 68)

(96) A By-Law To Repeal By-Law No. 17-79 “A By-Law To Designate One Way Streets” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-289 (Clause (3), Report No. 68)

(97) A By-Law To Repeal By-Law No. 77-5 “A By-Law For Regulating Traffic On Development Drive And Golden Mile In The Township Of Kingston Subject To The Provisions Of The Highway Traffic Act, RSO, 1970, Chapter 202 And Amendments Thereto” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-290 (Clause (3), Report No. 68)

(98) A By-Law To Repeal By-Law No. 75-37 “Prohibited Heavy Traffic” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-291 (Clause (3), Report No. 68)

(99) A By-Law To Repeal By-Law No. 7-82 “Reduce Loads On Highways” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-292 (Clause (3), Report No. 68)

(100) A By-Law To Repeal By-Law No. 82-24 “A By-Law To Provide For Reduced Load Restrictions On Township Roads” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-293 (Clause (3), Report No. 68)

Page 496 City Council Meeting No. 21 Minutes July 29, 2003 (101) A By-Law To Repeal By-Law No. 84-22 “Being A By-Law To Prohibit Heavy Truck Traffic On Woodbine Road From Collins Bay Road To Bayridge Drive In The Township Of Kingston, In The County Of Frontenac”. THIRD READING PROPOSED NO. 2003-294 (Clause (3), Report No. 68)

(102) A By-Law To Repeal By-Law No. 85-21 “A By-Law To Designate A Reduced Load Period On Certain Township Roads”. THIRD READING PROPOSED NO. 2003-295 (Clause (3), Report No. 68)

BY-LAWS (103) A By-Law To Repeal By-Law No. 88-167 “A By-Law Prohibiting Heavy Traffic On Cordukes Road” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-296 (Clause (3), Report No. 68)

(104) A By-Law To Repeal By-Law No. 90-34 “Prohibiting Heavy Traffic On Certain Highways” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-297 (Clause (3), Report No. 68)

(105) A By-Law To Repeal By-Law No. 90-50 “A By-Law To Amend By-Laws 75-37, 84-22 And 90-34 Being By-Laws Prohibiting Heavy Traffic On Certain Highways” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-298 (Clause (3), Report No. 68)

(106) A By-Law To Repeal By-Law No. 93-82 “Prohibit Heavy Traffic On Certain Highways” (Former Township Of Kingston). THIRD READING PROPOSED NO. 2003-299 (Clause (3), Report No. 68)

(107) A By-Law To Repeal By-Law No. 8-1928 “A By-Law To Govern The Weight Of Loads Carried By Trucks On The Township Roads” (Former Township Of Pittsburgh). THIRD READING PROPOSED NO. 2003-300 (Clause (3), Report No. 68)

(108) A By-Law To Amend By-Law No. 99-91 “A By-Law To Provide For The Regulation Use Of Parks And Recreation Facilities Of The Corporation” (Rename And Designate The Marine Museum Parkette To Navy Memorial Park). THIRD READING PROPOSED NO. 2003-344 (Clause (a), The Committee of the Whole)

Page 497 City Council Meeting No. 21 Minutes July 29, 2003 (109) 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 The Local Board” (Remove Natalie Godin; Appoint Dennis Hartlin - Kingston Shopping Centre) THIRD READING PROPOSED NO. 2003-345 (Communication No. 20-402)

BY-LAWS (110) 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 The Local Board” (Appoint Debra O’Brien - St. Lawrence College) THIRD READING PROPOSED NO. 2003-346 (Communication No. 20-403)

* * * * * * * * * * * *

ADJOURNMENT Moved by Councillor Garrison Seconded by Councillor George THAT Council do now adjourn. CARRIED

Council adjourned at 10:55 pm.

(Signed) Carolyn Downs Isabel Turner City Clerk Mayor

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