Minutes Page 427 2001-06-05 * * * * * * * * * * * *

CITY COUNCIL MEETING NO. 17

The Regular Meeting of City Council was held on Tuesday, June 5, 2001 at 7:35 p.m. in the Council Chamber, City Hall. Her Worship Mayor Isabel Turner presided.

* * * * * * * * * * * * (Council Chamber) ROLL CALL 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)

(Council Chamber) Administrative Staff Present: Mr. B. Meunier, C.A.O.; Mrs. C. Downs, Manager, Council Support/City Clerk; Mr. J. Giles, Manager, Transit; Mr. G. Hunt, Manager, Finance; Mr. J. Keech, President & CEO, Services Co.; Mr. D. Leger, Commissioner, Corporate Services; Mr. A. Lucas, Engineer; Ms. C. Mastantuono, Community Development Facilitator; Mr. J. Miller, Manager, Planning; Mr. D. Morgan, Manager, Culture and Recreation; Mr. N. Murphy, Deputy Fire Chief; Mr. M. Segsworth, Commissioner, Operations Services; Ms. N. Sullivan, Deputy City Clerk; Ms. N. Taylor, Acting Commissioner, Planning & Development Services; Mr. L. Thurston, Commissioner, Community Services; Mr. J. Zandarin, Manager, Municipal Arenas.

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

DISCLOSURE OF PECUNIARY INTEREST

(1) Councillor Clements declared a potential pecuniary interest in the matter of Clause 1, Report No. 59 of the Chief Administrative Officer, regarding payment of second quarter education payments, as he is an employee of the Limestone District School Board.

(2) Councillor Pater declared a possible pecuniary interest in the matter of Clause m) of Report No. 58 of the Chief Administrative Officer and Clauses 2, 3, and 4 of Report No. 59 of the Chief Administrative Officer, all pertaining to leases for sidewalk patios, as her son owns a downtown Kingston restaurant. CITY COUNCIL MEETING NO. 17 Minutes Page 427 2001-06-05 * * * * * * * * * * * *

PRESENTATIONS Council consented to allow Presentation (1) ten minutes.

(1) Jim Keech, President & CEO, Utilities Kingston and Mr. Alan Perks, Ottawa Regional Manager, R.V. Anderson Associates Limited, were present with regard to the Cataraqui River Utilities Crossing Project. (File No. CSU-E05-00-01)

* * * * * * * * * * * * DELEGATIONS * * * * * * * * * * * * PETITIONS * * * * * * * * * * * * REPORTS Report No. 57 of the Committee of the Whole

Moved by Councillor Beavis Seconded by Councillor Campbell

That Report No. 57 of the Committee of the Whole be received and adopted, clause by clause.

Report No. 57 2001-5-29

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

Council consented to divide the question.

1. WHEREAS City Council recognizes the tremendous financial pressures faced by families living on social assistance and directed staff to propose a program for redirecting the City’s portion of National Child Benefit Reinvestment (NCB) funds to families in receipt of Ontario Works (OW) and Ontario Disability Support Program (O.D.S.P.);

AND WHEREAS staff has researched models used in other communities and consulted fully with the Child Tax Working Group, the Ministry of Community and Social Services, and the project sponsors of all of our current National Child Benefit projects;

427 CITY COUNCIL MEETING NO. 17 Minutes Page 428 2001-06-05 AND WHEREAS City Council also recognizes the significant contribution that the projects funded through our past National Child Benefit Reinvestment Funds have made in the lives of their participants;

AND WHEREAS the previous City Council supported in principle the community projects receiving a second year of funding at a reduced level to allow them an opportunity to establish themselves and seek alternative funding sources;

REPORTS (Continued) Report No. 57 of the Committee of the Whole (Continued)

THEREFORE BE IT RESOLVED that Council supports using the 2001 and future years’ National Child Benefit Reinvestment funds to support the City of Kingston Entitlement Access Program (KEAP) as described in this report;

AND FURTHER THAT an Advisory Committee, consisting of one Councillor as Chair, two members of the Child Tax Working Group and two staff members, be formed to advise the Committee of the Whole and Council on the implementation of this program;

AND FURTHER THAT a request for proposals be issued for the administration of this program and that the selected organization enters into an agreement with the City in a form acceptable to the City Solicitor;

AND FURTHER THAT monthly reporting to the City through the office of the Commissioner of Community Services be required with a complete review of the program at the end of 2001 to ensure it is meeting the stated objectives in the most effective and efficient manner; CARRIED

AND FURTHER THAT the current National Child Benefit Reinvestment community projects receive 70% of their previous National Child Benefit Reinvestment funding levels as outlined in this report, totaling $460,566 using $118,340 from unexpended National Child Benefit Reinvestment funding from previous years and $342,226 from the Local Services Realignment Reserve Fund. (File No. CSU-S04-00-01) CARRIED (Councillors Stoparczyk and Sutherland OPPOSED)

2. That Council support the following motion from the City of Guelph, and that it be circulated to the Honourable Peter Milliken, M.P. of Kingston and the Islands, and John Gerretsen, M.P.P. of Kingston and the Islands:

“WHEREAS the recent World Trade Organization (WTO) meetings in Seattle to initiate “the Millennium Round” brought public attention to the importance of trade issues to

428 CITY COUNCIL MEETING NO. 17 Minutes Page 429 2001-06-05 the quality of life people experience in their local community. While the meetings did not reach an agreement on an agenda for the next round of WTO trade talks, discussions on the General Agreement on Trade In Services (GATS) will still take place over the next three years as part of the “built-in agenda” agreed upon at the founding of the WTO in 1995. Discussions on this agreement may result in the inclusion of several of the features of the now defunct Multilateral Agreement on Investment (MAI) opposed by Kingston City Council by resolution on April 17, 2001;

REPORTS (Continued) Report No. 57 of the Committee of the Whole (Continued)

AND WHEREAS the proposed changes to GATS are of concern to local governments as they could affect existing jurisdiction and authorities and could also result in significant administrative burdens and costs;

AND WHEREAS the current GATS is a “bottoms-up” agreement (each affected sector such as Construction services, is identified), but proposed changes to the agreement’s structure (to a possible “top-down” or “horizontal” structure) would expand the Agreement’s application;

AND WHEREAS the Federal Government has neither alerted nor consulted local governments regarding these issues and as a result, citizens and taxpayers of Canadian municipalities have had little access to information and have also had limited access to informed debates on the proposed changes to GATS;

THEREFORE, BE IT RESOLVED 1. THAT Guelph City Council urge the Government of Canada to consult extensively with the people of Canada, especially and including municipal councils, before taking any further action on the General Agreement on Trade In Services; 2. THAT the City of Guelph, while recognizing trade can have beneficial impacts on our region, urge the Prime Minister to have Canada file a permanent and explicit exemption in the GATS limiting application to areas of Federal jurisdiction to ensure the provincial, federal and municipal jurisdictions maintain local flexibility and control over the delivery of public services; 3. THAT the Government of Ontario, convene the Legislative Committee to hold public hearings on the impact of the WTO/GATS and on Ontario municipalities, including an invitation of the Federal WTO/GATS negotiator, to provide background information and answer pertinent questions; 4. THAT the Government of Ontario establish a Trade Advisory Committee for stakeholders for ongoing consultation on international trade issues;

429 CITY COUNCIL MEETING NO. 17 Minutes Page 430 2001-06-05 5. THAT the Federation of Canadian Municipalities (FCM) be urged to dedicate staff to monitoring WTO discussions and alert Canadian municipalities of any encroachment on their jurisdictions;

AND BE IT FURTHER RESOLVED THAT a copy of this motion be: (a) Circulated to the Member of Parliament representing the City of Guelph with the request that she endorse the City’s action; (b) Forwarded to other Ontario municipalities for their support; (c) Made available to the public (d) Forwarded to the Federation of Canadian Municipalities Executive for endorsement.” (File No. CSU-C10-00-01) CARRIED

REPORTS (Continued) Report No. 57 of the Committee of the Whole (Continued)

3. That the request of the Three Rivers Regiment Veterans Association asking the City to hold a reception or an informal outdoor barbeque on Sunday, September 16th for German War Veterans, be referred to the Kingston Economic Development Corporation (KEDCO). (File No. CSU-M02-00-01) CARRIED

4. That staff be directed to distribute the following to Members of Council: 1. the previous Waterfront Plan, together with the motion of Councillor’s Foster and Stoparczyk from the Council meeting held on October 24th, 2000; 2. a copy of the Kingston Environmental Advisory Forum report and resolution of Council adopting the report; 3. a copy of the Community Strategic Plan and the resolution of Council adopting it; 4. relevant sections of the Official Plans for the former municipalities; 5. the South West Sector Study; and 6. the Inner Harbour Planning Study. (Note: Part 2 of this motion was deferred back to the Committee of the Whole) CARRIED

5. That the existing Employee Recognition Program relative to retiring employees (Section 8.4) be amended to include: - and further -

“That Council recognize on an annual basis all retiring members of staff at a regular meeting of Council.” (File No. CSU-H09-00-01)

430 CITY COUNCIL MEETING NO. 17 Minutes Page 431 2001-06-05 CARRIED

6. That “No Action” be taken on increasing the Mayor’s budget by $3,500.00 to be used for a car allowance for the Deputy Mayor and that these funds be allocated from the Working Fund Reserve. DEFERRED (See Following Motion)

Moved by Councillor Downes Seconded by Councillor Campbell

That Clause 6, Report No. 57 be deferred for one month in order to allow Councillor Downes to prepare a motion requesting a review of the Deputy Mayor position. CARRIED

431 CITY COUNCIL MEETING NO. 17 Minutes Page 432 2001-06-05 REPORTS (Continued) Report No. 57 of the Committee of the Whole (Continued)

7. That a Committee of Council be established to review the existing Chief Administrative Officer By-Laws in order to prepare a new Chief Administrative Officer By-Law and Commissioner’s By-Law; and further

That the Chief Administrative Officer/Commissioner’s By-Law Review Committee be comprised of Mayor Turner, Councillors Beavis, Downes, Garrison, George, Meers, Rogers and Stoparczyk. CARRIED AS AMENDED (See Motion To Amend Which Was CARRIED)

Moved by Councillor Garrison Seconded by Councillor Beavis

That Clause 7, Report No. 57 be amended to include Councillor Downes, Councillor George and Councillor Stoparczyk to the Chief Administrative Officer/Commissioner’s By-Law Review Committee. CARRIED

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432 CITY COUNCIL MEETING NO. 17 Minutes Page 433 2001-06-05 REPORTS (Continued) Report No. 58 of the Chief Administrative Officer

Moved by Councillor Clements Seconded by Councillor Downes

That Report No. 58 of the Chief Administrative Officer be received and adopted.

Report No. 58 2001-06-05 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:

Council separated Clauses e), m) and o). a) That the tender of Carl Thibault Fire Trucks Inc. for tender No. DCS-FR-2001-C91065 Refurbish Fire Rescue Truck Unit 9135, in the amount of $109,362.00 (plus applicable taxes) be accepted, it being the lowest tender received, it being noted that funds for this project were approved in the 2001 Capital Budget; - and further - That the City of Kingston and Carl Thibault Fire Trucks Inc. enter into an agreement in a form satisfactory to the Director of Legal Services. (File No. CSU-F18-00-01) b) That the tender of Len Corcoran Excavating Limited for Contract 2001-04W Sewer, Watermain and Road Reconstruction on Regent Street, in the amount of $1,239,317.87 be accepted, it being the lowest tender received, it being noted that funds for this project were approved in the 2001 Capital Budget; - and further - That the City of Kingston and Len Corcoran Excavating Limited enter into an agreement in a form satisfactory to the Director of Legal Services. (File No. CSU-F18-00-01) c) That Council award Tender No. DCS-PA-2001-3 for Kingston Memorial Centre, Harold Harvey Arena and Cataraqui Community Centres’ Compressor Replacement, to Hennigar Refrigeration, a Division of Black and McDonald, 2470 Bur Brook Road, Kingston, ON, K7L

433 CITY COUNCIL MEETING NO. 17 Minutes Page 434 2001-06-05 4V4, for a total value of $122,690.00 plus GST, it being noted that funds for this project were approved in the 2001 Capital Budget; - and further -

REPORTS (Continued) Report No. 58 of the Chief Administrative Officer (Continued)

That the City of Kingston and Hennigar Refrigeration enter into an agreement in a form satisfactory to the Director of Legal Services. (File No. CSU-F18-00-01) d) That 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”, be amended to appoint By-Law Enforcement Officers of Shoppers Drug Mart staff, Maris Malderis, Mike Lacelle and Brian Yule, for the purpose of issuing violation tickets and to enforce the provisions of By-Law No. 99-166 on the property owned by Shoppers Drug Mart, 445 Princess Street, Kingston, ON, K7L 1C3; and

Subject to the applicant entering into an agreement in a form satisfactory to the City Solicitor to indemnify and save harmless the City from all claims and actions that might arise; and

Subject further to providing proof of sufficient insurance in a form satisfactory to the City Solicitor. (File No. C01, L04) (See By-Law No. (1): 2001-133) e) That a by-law be presented to City Council to provide for the temporary closure of Ontario Street from Brock Street to Market Street on Monday, July 23, 2001 from 2:30 pm to 9:30 pm, for community purposes, (The Front Line Worship Centre), subject to the following conditions:

434 CITY COUNCIL MEETING NO. 17 Minutes Page 435 2001-06-05 (See By-Law No. (2): 2001-134) DEFERRED (See Motion To Defer Which Was CARRIED)

435 CITY COUNCIL MEETING NO. 17 Minutes Page 436 2001-06-05 REPORTS (Continued) Report No. 58 of the Chief Administrative Officer (Continued) Moved by Councillor Sutherland Seconded by Councillor Campbell

That Clause e), Report No. 58 be deferred to the Committee of the Whole in order to allow staff an opportunity to discuss alternate times with the applicant and to obtain comments from the Police Department. CARRIED (9:4) (See Recorded Vote)

YEAS: Councillor Campbell, Councillor Downes, Councillor Foster, Councillor Garrison, Councillor George, Councillor Pater, Councillor Rogers, Councillor Stoparczyk, Councillor Sutherland. (9) NAYS: Mayor Turner, Councillor Beavis, Councillor Clements, Councillor Meers. (4) f) That a by-law be presented to City Council for three readings which provides for the following:

1. That Council authorize the Manager of the Engineering Division to issue a “Preliminary Certificate of Approval of the Works” to accept the public works within the West Park West Subdivision, Registered Plan 13M-7, subject to a one-year maintenance period, which maintenance period is considered to have begun November 21, 2000; and 2. That part of Shiloh Avenue, Sackville Crescent and Compass Court as established as public highway in the West Park West Subdivision and as shown on Registered Plan 13M- 7, be assumed by the City of Kingston under Section 259 of the Municipal Act, Chapter M45, R.S.O. 1990. (File No. CSU-E06-00-01) (See By-Law No. (3): 2001-135) g) That a by-law be presented to City Council to provide for a temporary closure of Maitland Street on Saturday, June 23, 2001 from 7:00 am to 5:00 pm for community purposes, (Easter Seals Regatta), subject to the following: i) The applicant shall pay for the cost of advertising the temporary street closure, as invoiced by the Council Support Division; and, ii) 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 iii) 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.

436 CITY COUNCIL MEETING NO. 17 Minutes Page 437 2001-06-05 (File No. CSU-T08-00-01) (See By-Law No. (4): 2001-136) REPORTS (Continued) Report No. 58 of the Chief Administrative Officer (Continued) h) That a by-law be presented to City Council to provide for the temporary closure of Bagot Street between Barrie Street and West Street (City Park) on Saturday, July 7, 2001 from 6:00 am to 6:00 pm for community purposes, (The Sky is the Limit Festival), subject to the following conditions:

i) The applicant shall pay for the cost of advertising the temporary street closure, as invoiced by the Council Support Division; and, ii) 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 iii) 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) (See By-Law No. (6): 2001-138) j) That a by-law be presented to City Council for first and second reading in order to establish the 2001 final tax rates and 2001 final tax due dates. (File No. CSU-F22-00-01) (See By-Law No. (7): 2001-139) k) That a by-law be presented to Council to amend By-Law No. 98-8, “A By-Law To Appoint Statutory Officials Of The Corporation Of The City Of Kingston”, by appointing Patricia Carrol

437 CITY COUNCIL MEETING NO. 17 Minutes Page 438 2001-06-05 to replace Robert McConnachie as Collector of the Corporation of the City of Kingston, effective July 1, 2001. (File No. CSU-C12-00-01) (See By-Law No. (8): 2001-140)

REPORTS (Continued) Report No. 58 of the Chief Administrative Officer (Continued) 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 as an interim use of the former PUC Bus Barns, until those lands are developed; - and further -

That By-Law No. 4489 and By-Law No. 99-91, “A By-Law To Provide For The Regulation Use Of Parks And Recreational Facilities Of The Corporation”, be amended to permit day use parking at the former PUC Bus Barns, the Anglin Parking Lot and City Park, during the Tall Ships weekend; - and further -

That Council authorize the expenditure of $30,000 for the development of parking with financing to come from the Parking Reserve Fund. (File No. T02) (See By-Law No.’s (9), (10): 2001-141, 2001-142)

Councillor Pater withdrew from the meeting. m) That Council authorize the City of Kingston to enter into a Lease Agreement from Royal Oak to 1425658 Ontario Limited, owners of “Tu Tu Tango”, for the lease of City property for the purpose of operating a serving Sidewalk Patio, subject to the following conditions:

1. The applicant is required to obtain a building permit for the construction of the deck and awning, and that construction drawings are required to be filed along with the permit application to the Building and By-Law Division; and 2. In consideration of public safety and Fire Department Regulations, the applicant not be permitted to install Hurricane lamps with floating candles on the top of the knee wall; - and further -

That the agreement be in a form satisfactory to the Director of Legal Services. (File No. CSU-L15-00-01; CSU-L04-00-01) CARRIED

Councillor Pater returned to the meeting.

438 CITY COUNCIL MEETING NO. 17 Minutes Page 439 2001-06-05 n) That the Corporation of the City of Kingston (Rideaucrest Home) enter into a rental lease agreement with the Alzheimer Society of Kingston for the following: 1. 1,000 square feet of office space on the lower level of Rideaucrest Home 2. At a cost of $549.25 plus G.S.T. per month - and further - That this agreement be in a form satisfactory to the Director of Legal Services. (File No. CSU- L04-00-01) REPORTS (Continued) Report No. 58 of the Chief Administrative Officer (Continued)

o) That, in accordance with the established Working Fund Reserve Policy, an amount of $1,795,113. representing the general municipal surplus for the year ended December 31, 2000, be allocated to the Working Fund Reserve. (File No. CSU-F20-00-01) CARRIED (12:1) (See Recorded Vote)

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. (12) NAYS: Councillor Meers. (1)

CARRIED

* * * * * * * * * * * * Report No. 59 of the Chief Administrative Officer

Moved by Councillor Foster Seconded by Councillor Garrison

That Report No.59 of the Chief Administrative Officer be received and adopted, clause by clause.

Report No. 59 2001-06-05

To the Mayor and Members of Council: The C.A.O. reports and recommends as follows:

Councillor Clements, Downes and Garrison withdrew from the meeting.

1. That Council request the Government of Ontario and specifically, the Minister of Finance and the Minister of Municipal Affairs and Housing to:

439 CITY COUNCIL MEETING NO. 17 Minutes Page 440 2001-06-05 1. Delay the payment of second quarter education payments, or have the Province advance funds directly to school boards, which otherwise will cost the City of Kingston an estimated sum of $65,000 monthly in borrowing costs; 2. Reimburse the City of Kingston for loss of investment and penalty and interest earnings in an estimated amount of $250,000 monthly resulting from the delay in tax billing for the year 2001. (File No. CSU-F22-00-01) CARRIED

REPORTS (Continued) Report No. 59 of the Chief Administrative Officer (Continued)

Councillor Clements, Downes and Garrison returned to the meeting. Councillor Pater withdrew from the meeting.

2. That Council authorize the City of Kingston to enter into a Lease Agreement with the owners of Mac’s Convenience for the lease of City property for the purpose of operating a non-serving Outdoor Patio; - and further -

That the agreement be in a form satisfactory to the Director of Legal Services. (File No. CSU-L15-00-01; CSU-L04-00-01) CARRIED

3. That Council authorize the City of Kingston to enter into a Lease Agreement with the owners of Old Tyme Kettle Kitchen for the lease of City property for the purpose of operating a non- serving Outdoor Patio, subject to the following condition:

1. The applicant be restricted to (5) tables and (10) chairs in order to maintain barrier free access to the patio for persons with disabilities. The Engineering Division reserves the right of re-inspection for table and chair placement and quantity of units after the patio has been in operation for up to three weeks; - and further -

That the agreement be in a form satisfactory to the Director of Legal Services. (File No. CSU-L15-00-01; CSU-L04-00-01) CARRIED

4. That Council authorize the City of Kingston to enter into a Lease Agreement with the owners of Little Portugal Eatery and Take Out for the lease of City property for the purpose of operating a serving Sidewalk Patio; - and further -

That the agreement be in a form satisfactory to the Director of Legal Services.

440 CITY COUNCIL MEETING NO. 17 Minutes Page 441 2001-06-05 (File No. CSU-L15-00-01; CSU-L04-00-01) CARRIED

Councillor Pater returned to the meeting.

5. That Council delegate its authority to approve tenders and award contracts to the Department Heads of the Corporation of the City of Kingston, as is allowed under Section 102.1(1), Delegation of administrative functions, of the Municipal Act, R.S.O. 1990, as amended, when all of the following conditions have been satisfied:

441 CITY COUNCIL MEETING NO. 17 Minutes Page 442 2001-06-05 REPORTS (Continued) Report No. 59 of the Chief Administrative Officer (Continued)

1. When there is a sufficient approved budget; 2. When all procedures for the establishment of prices in By-Law No. 2000-134, “A By- Law To Establish Purchasing Policies And Procedures For The City Of Kingston”, as amended, have been followed; 3. When the lowest tender is accepted; 4. When at least three tenders have been received. - and further -

That the Commissioner, Corporate Services be instructed to provide an information report to Council regarding the approval of tenders and the awarding of contracts on a monthly basis; - and further -

That this delegation of authority be reviewed by January 15, 2002. (File No. CSU-F18-00-01) CARRIED AS AMENDED (13:0) (See Recorded Vote) (See Following Motion To Amend Which Was CARRIED)

A recorded vote was requested by Councillor Meers and commenced with same:

Moved by Councillor Clements Seconded by Councillor George

That the delegation of authority outlined in Clause 5, Report No. 59 be reviewed by January 15, 2002. CARRIED (10:3) (See Recorded Vote) See Motions To Amend Which Were LOST)

A recorded vote was requested by Councillor Garrison and commenced with same:

YEAS: Mayor Turner, Councillor Beavis, Councillor Clements, Councillor Downes, Councillor Foster, Councillor George, Councillor Pater, Councillor Rogers, Councillor Stoparczyk, Councillor Sutherland. (10) NAYS: Councillor Campbell, Councillor Garrison, Councillor Meers. (3)

442 CITY COUNCIL MEETING NO. 17 Minutes Page 443 2001-06-05 REPORTS (Continued) Report No. 59 of the Chief Administrative Officer (Continued)

Moved by Councillor Meers Seconded by Councillor Garrison

That Clause 5, Report No. 59 be amended to reflect that this delegation of authority to staff be for construction tenders only. LOST (3:10) (See Recorded Vote)

A recorded vote was requested by Councillor Meers and commenced with same:

YEAS: Councillor Garrison, Councillor Meers, Councillor Rogers. (3) NAYS:Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes, Councillor Foster, Councillor George, Councillor Pater, Councillor Stoparczyk, Councillor Sutherland. (10)

Moved by Councillor Rogers Seconded by Councillor Downes

That Clause 5, Report No. 59 be amended to apply until December 31, 2001 and in following years for July to September 15th only. LOST (5:8) (See Recorded Vote)

A recorded vote was requested by Councillor Meers and commenced with same:

YEAS: Councillor Garrison, Councillor Meers, Councillor Pater, Councillor Rogers, Councillor Sutherland. (5) NAYS:Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes, Councillor Foster, Councillor George, Councillor Stoparczyk. (8)

Moved by Councillor Sutherland Seconded by Councillor Rogers

That Clause 5, Report No. 59 be amended to reflect that when there is only a difference between tenders of 1% or less, that the tender be awarded by Council. LOST (6:7) (See Recorded Vote)

443 CITY COUNCIL MEETING NO. 17 Minutes Page 444 2001-06-05 REPORTS (Continued) Report No. 59 of the Chief Administrative Officer (Continued)

A recorded vote was requested by Councillor Meers and commenced with same:

YEAS: Mayor Turner, Councillor Garrison, Councillor Meers, Councillor Pater, Councillor Rogers, Councillor Sutherland. (6) NAYS:Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes, Councillor Foster, Councillor George, Councillor Stoparczyk. (7)

6. That the existing garbage tax rebate system be extended to those multi-residential property owners in the former Township of Kingston and those multi-residential, industrial, commercial and institutional property owners in the former Township of Pittsburgh effective July 1, 2001; - and further -

That staff be directed to prepare a by-law to implement the garbage tax rebate system for presentation to City Council for three readings on June 19, 2001. (File No. CSU-F22-00-01) CARRIED (Councillor Meers OPPOSED)

7) That Council receive the Capital Works Status Report for the fourth quarter ending December 31, 2000; - and further - That Council approve the financing of unfinanced capital projects, as outlined in Appendix ‘A’ and Appendix ‘B’ of this report. (File No. CSU-F05-00-01) CARRIED

8) That Council authorize the Mayor and Clerk to execute an agreement between the Corporation of the City of Kingston and the American Sail Training Association with respect to hosting the Tall Ships Challenge; - and further - That the agreement be in a form satisfactory to the Director of Legal Services. (File No. CSU-L04-00-01) CARRIED

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

444 CITY COUNCIL MEETING NO. 17 Minutes Page 445 2001-06-05 REPORTS (Continued) Report No. 60 of the Planning Committee

Moved by Councillor Rogers Seconded by Councillor George

That Report No.60 of the Planning Committee be received and adopted, clause by clause.

Report No. 60 2001-05-17 To the Mayor and Members of Council: The Planning Committee Reports and Recommends as follows:

1. WHEREAS an application has been submitted by George Hogeboom with respect to the 1.32 hectare (3.26 acres) parcel of vacant land located on the north side of Woodbine Road, between Wise Street and Megan’s Street, requesting a rezoning from the existing ‘D’ Development, ‘R1’ Residential and ‘EPA’ Environmental Protection Area Zones of By-Law No. 76-26 to Zones ‘R1’ Residential, ‘R1-45-H’ Special Residential and ‘EPA-8’ Special Environmental Protection Area in order to accommodate the development of the property for a seventeen (17) lot residential subdivision:

THEREFORE BE IT RESOLVED that the application for Zone Change (Our File No. D14- 117-01) submitted by George Hogeboom, respecting the 1.32 hectare (3.26 acres) parcel of vacant land located on the north side of Woodbine Road, between Wise Street and Megan’s Street, requesting a rezoning from the existing ‘D’ Development, ‘R1’ Residential and ‘EPA’ Environmental Protection Area Zones of By-Law No. 76-26 to Zones ‘R1’ Residential, ‘R1-45- H’ Special Residential and ‘EPA-8’ Special Environmental Protection Area, BE APPROVED AS AMENDED.

AND BE IT FURTHER RESOLVED that:

1. Zoning By-Law No. 76-26 of the former Township of Kingston be amended so as to: (a) Amend Map No. 3 to Schedule “A” of By-Law No. 76-26 by changing to ‘R1’, ‘R1-45- H’ and ‘EPA-8’ the zone symbol of the lands located on the north side of Woodbine Road, between Wise Street and Megan’s Street, and shown as “Zone Change from ‘D’ & ‘R1’ to ‘R1-45-H’”, “Zone Change from ‘D’, ‘EPA’ & ‘R1’ to ‘EPA-8’” and “Zone Change from ‘D’ & ‘EPA’ to ‘R1’”, on Schedule ‘A’ attached hereto.

445 CITY COUNCIL MEETING NO. 17 Minutes Page 446 2001-06-05 REPORTS (Continued) Report No. 60 of the Planning Committee (Continued)

AND BE IT FURTHER RESOLVED that the application for approval of a Draft Plan of Subdivision filed by George Hogeboom (Our File No. D12-39-01), requesting approval of the division of the property located on the north side of Woodbine Road, between Wise Street and Megan’s Street, (Part of Lot 5, Concession 3) in the former Township of Kingston into 17 residential lots, 1 Block for stormwater management, 1 Block as a residential lot addition, and the extensions of Megan’s Street and Wise Street, BE APPROVED AS AMENDED subject to the following conditions and the Owner entering into the City’s Standard Subdivision Agreement:

1. That this approval applies to a Draft Plan of Subdivision, prepared by M. Peter Allen., Ontario Land Surveyor, dated February 12, 2001, for lands in the former Township of Kingston, being Part of Lot 5, Concession 3, which shows the following: Ø Seventeen (17) residential lots (Lots 1-17 inclusive); Ø One (1) Block for stormwater management purposes (Block 18); Ø One (1) Block for a residential lot addition to the lands to the north (Block 19); Ø One (1) Block for a 0.3 metre reserve along Woodbine Road (Block 20); and Ø Two (2) streets, namely the extensions of Megan’s Street and Wise Street.

2. That the road allowances included in this Draft Plan shall be shown and dedicated as public highways.

3. That the Streets shall be named to the satisfaction of the Municipality.

4. That any dead ends and open sides of road allowances created by this Draft Plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust, by the Municipality.

5. That the Owner shall convey up to 5% of the land included in the Draft Plan to the Municipality for park or other public recreational purposes. Alternatively, the Municipality may require cash-in-lieu of land for all or a portion of the required parkland conveyance.

6. That such easements as may be required for utility or drainage purposes shall be granted to the Municipality and / or appropriate Authority.

7. That the Subdivision Agreement between the Owner and the Municipality shall contain phasing arrangements to the satisfaction of the Municipality. Prior to Final Approval, the phasing shall be reviewed by the Fire Department to ensure the provision of appropriate emergency vehicle access and adequate water services for fire fighting purposes.

That prior to Final Approval, the City of Kingston shall confirm that the proposed Plan of Subdivision conforms to the Zoning By-Law in effect.

REPORTS (Continued)

446 CITY COUNCIL MEETING NO. 17 Minutes Page 447 2001-06-05 Report No. 60 of the Planning Committee (Continued)

9. The Municipality shall require the use of ‘-H’ Holding Provisions in accordance with Section 36 of the Planning Act. The terms for the removal of the Holding ‘-H’ Holding Symbol shall require:

i) Confirmation of sufficient servicing capacity in the former Township of Kingston’s sewage treatment plant in accordance with Council’s approved Sewage Capacity Management Plan;

ii) All necessary approvals have been received from all other agencies and government bodies and any required Agreements have been executed by the Owner;

iii) A further Zone Change Application has been approved by the Municipality to remove the ‘-H’ Holding Symbol.

10. That the Owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Municipality concerning the provision of fencing, lighting, landscaping, sidewalks, roads, installation of services and drainage.

11. That provision be made for the Subdivision Agreement between the Owner and the Municipality to be registered against the lands to which it applies once the Plan of Subdivision has been registered.

12. That the Owner shall enter into the Municipality’s standard Subdivision Agreement, which among other matters, shall contain provisions acceptable to the Municipality to ensure that:

i) An acknowledgement is made by the Owner / Developer that the land is or may be subject to the ‘-H’ Holding Provisions under Section 36 of the Planning Act. Provisions for the use of ‘-H’ Holding Provisions and the removal of any ‘-H’ Holding Symbol shall be in accordance with the Council approved Sewage Capacity Allocation Plan and the requirements of the Municipality as outlined in the conditions of approval.

ii) Proposals for drainage and grading shall be in conformity with a Storm Water Management Report which shall be approved by the Municipality and the Cataraqui Region Conservation Authority prior to Final Approval of the Subdivision.

iii) Blasting shall be prohibited within the limits of the lands subject to the agreement.

447 CITY COUNCIL MEETING NO. 17 Minutes Page 448 2001-06-05 REPORTS (Continued) Report No. 60 of the Planning Committee (Continued)

iv) That prior to Final Approval of the Subdivision, a Noise Study shall be prepared to the Municipality’s satisfaction, to specifically address the impacts of Woodbine Road on the proposed residential units. The recommendations of the Noise 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.

v) That prior to Final Approval of the Plan of Subdivision, the Owner shall submit a Geotechnical Report, prepared 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.

13. Prior to Final Approval, the Owner shall prepare to the satisfaction of the Cataraqui Region Conservation Authority and the Municipality an Erosion and Sedimentation Control Plan, which plan shall be included in Schedule “F” to the Subdivision Agreement between the Owner and the Municipality.

14. Prior to Final Approval, the Owner shall prepare to the satisfaction of the Cataraqui Region Conservation Authority and the Municipality a Lot Grading and Drainage Plan, which plan shall be included in Schedule “F” to the Subdivision Agreement between the Owner and the Municipality.

15. That the Subdivision Agreement shall contain provisions to advise the Owner / Subdivider and subsequent Purchasers of Lots 1-4 inclusive, that fill permits are required from the Cataraqui Region Conservation Authority prior to the placement or removal of fill within the boundaries of these lots and to further advise the Owner / Subdivider and subsequent Purchasers that the approved erosion and sediment control plans must be adhered to during construction within these lots.

16. That the Subdivision Agreement shall contain provisions to advise the Owner / Subdivider and subsequent Purchasers of Lots 1-4 inclusive, that at some time in the future a stormwater management pond may be constructed on Block 18 in conjunction with the northerly portion of Block 102, Plan 13M-24, located northwest of the subject lots. During construction of the stormwater pond, abutting residents may experience potential interference with normal daily activities due to noise, vibration and dust associated with the movement and operation of the equipment needed to excavate and construct the pond facility.

448 CITY COUNCIL MEETING NO. 17 Minutes Page 449 2001-06-05 REPORTS (Continued) Report No. 60 of the Planning Committee (Continued) 17. That prior to Final Approval of the Subdivision, the Owner / Subdivider shall ensure that the basements of dwellings to be constructed on Lots 1-4 inclusive are adequately flood proofed to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority. If necessary, the Subdivision Agreement shall contain an appropriate warning clause to advise the Owner / Subdivider and subsequent Purchasers of these lots that flood-proofing of the basements may be required.

18. That the Owner / Subdivider shall be responsible for the design and construction of a sediment basin in the stormwater management pond located in Block 102 of Plan 13M-24, as a contribution to the construction of this stormwater management facility. The design and construction shall be satisfactory to the Municipality and the Cataraqui Region Conservation Authority. The Subdivision Agreement shall make provision for an appropriate monetary payment to cover the cost of the required works.

19. That Block 18 shall be deeded to the Municipality, at no cost to the Municipality, for stormwater management / flood control purposes.

20. That Block 19 shall be used as a lot addition to the abutting lands to the north (1309 Princess Street).

21. That should deeply buried archaeological remains be found on the property during construction activities, the Ministry of Citizenship, Culture and Recreation should be notified immediately.

22. That in the event that human remains are encountered during construction, the proponent should immediately contact both the Ministry of Citizenship, Culture and Recreation and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations, (416) 326-8392.

23. That on the Final Plan of Subdivision, the 0.3 metre reserve along Woodbine Road shall be designated as Block 20.

24. That when requesting Final Approval from the Municipality, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor’s certificate stating that the lots thereon conform in frontage and area to the requirements of the Zoning By-Law.

25. That prior to Final Approval by the Municipality, the City of Kingston shall be advised in writing by the Cataraqui Region Conservation Authority how conditions 12 ii), 13, 14, 15, 17 and 18 have been satisfied. (File No. CSU-D14-00-01) (See By-Law No. (11): 2001-143)

449 CITY COUNCIL MEETING NO. 17 Minutes Page 450 2001-06-05 DEFERRED (See Following Motion To Defer Which Was CARRIED) (Councillors Rogers, Stoparczyk and Sutherland OPPOSED) REPORTS (Continued) Report No. 60 of the Planning Committee (Continued)

Moved by Councillor George Seconded by Councillor Pater

That Clause 1, Report No. 60 be deferred back to the Planning Committee in order to deal with outstanding issues such as lot sizes and road reconfiguration. CARRIED

2. 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 Phase 1, Stage 2 of the “Lyndenwood Subdivision”, which subdivision comprises a total of 6.14 ha (15.17 acres) of vacant land located north of Sheridan Street in the Cataraqui North Neighbourhood in the former Township of Kingston; and

WHEREAS the Ministry of Municipal Affairs and Housing previously issued Draft Plan Approval on January 30, 1998 for an area of approximately 68.9 hectares (170 acres) covering the entire Dacon Corporation Holdings, including the subject lands, which approval 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 No. D12-12- 00), submitted by Lorelei Jones & Associates, on behalf of J. A. Pye (Ontario) Limited (Owner), for Phase 1, Stage 2 of the “Lyndenwood Subdivision, located north of Sheridan Street 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 as follows:

450 CITY COUNCIL MEETING NO. 17 Minutes Page 451 2001-06-05 REPORTS (Continued) Report No. 60 of the Planning Committee (Continued)

a) 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 October 30, 2000 and Revised 06/03/2001, showing the proposed subdivision of the 5.87 hectares (14.48 acres) parcel of land located north of Sheridan Street in the Cataraqui North Neighbourhood, and comprised of the following: · Seventy-seven (77) Lots for single detached dwellings (Lots 1-77 inclusive); · Nine (9) Blocks for residential lot additions to the subdivision to the west (Blocks 78 – 86 inclusive); · Twelve (12) Blocks for 0.3 metre reserves (Blocks 87 – 98 inclusive); and · six (6) Streets (Part of Cooke Crescent, northerly extension of Augusta Drive, easterly extension of Langfield Street, Bradstone Street, Part of Chadwick Drive and Part of Morningside Drive).

b) 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 and Housing, dated January 30, 1998, respecting Ministry File No. 10-T-95004.

c) That in addition to the Minister’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 three and one-half inch (3 ½ “) diskette or compact disc (CD), together with two (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 collector road (Augusta Drive) 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.

451 CITY COUNCIL MEETING NO. 17 Minutes Page 452 2001-06-05

REPORTS (Continued) Report No. 60 of the Planning Committee (Continued)

(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 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 Stormwater 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.

(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”, and that any required Clearance Letters are to be forwarded to the Municipality and not the Ministry;

(ix) That Blocks 78-86 inclusive shall not be developed until such time as they have been transferred to and combined with the Lots / Blocks to the west to the satisfaction of the Municipality;

(x) That temporary turning circles may be required at the end of Cooke Crescent and Morningside 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;

452 CITY COUNCIL MEETING NO. 17 Minutes Page 453 2001-06-05 REPORTS (Continued) Report No. 60 of the Planning Committee (Continued)

(xi) That prior to Final Approval of the Plan of Subdivision, the Owner shall provide written confirmation that the westerly extension of Cooke Crescent onto the adjacent Binnington lands shall be developed in conjunction with this Draft Plan, or alternatively, the proposed staging of construction shall be revised to comply with the requirements of the Fire Department respecting the maximum length of dead-end streets.

(xii) That any proposed construction phasing within this Plan of Subdivision shall be approved by the Municipality.

(xiii) That Lots 20, 21, 28, 29 and 64 shall not receive driveway access from Augusta Drive and Lot 52 shall not receive driveway access from the future Abbot Street.

(d) That in addition to the Notes to the Minister’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 Minister’s Draft Plan Approval of January 30, 1998 shall be deleted in its entirety and be replaced with the following new Note 1.:

“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 Minister’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 thirty (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 four (4) draft copies of all Reference Plans and Survey Plans and three (3) draft copies of the Final M- Plan.” REPORTS (Continued)

453 CITY COUNCIL MEETING NO. 17 Minutes Page 454 2001-06-05 Report No. 60 of the Planning Committee (Continued)

(v) That the following shall be added as Note 14.:

“14. When requesting Final Approval, such a request must be directed to the Development Review Unit and be accompanied with: q four (4) mylars and five (5) paper prints of the completed Final M-Plan, q four (4) copies of all Reference Plans and (4) copies of all Conveyance Documents for all easements and lands being conveyed to the Municipality; and, q a Surveyor’s Certificate to the effect that the lots and blocks on the Plan conform to the Zoning By-Law.”

(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.” (File No. CSU-D12-00-01) CARRIED

3. This recommendation is divided into three separate parts to address each of the attached amending By-Laws. Former Kingston Township By-Law - to introduce MDS and reduced lot size requirements for non-residential uses, Appendix 2.

3.(1) WHEREAS the City deems it appropriate to change the Zoning By-Law in order to introduce Minimum Distance Separation provisions and to reduce the minimum lot area required for non- residential uses in the Restricted Agricultural A1 zone and General Rural A2 zone; and,

THEREFORE BE IT RESOLVED that the application for zone changes (Our File No. D14- 84-00) by the City of Kingston affecting the Restricted Agricultural A1 zone and General Rural A2 zone, BE APPROVED.

REPORTS (Continued)

454 CITY COUNCIL MEETING NO. 17 Minutes Page 455 2001-06-05 Report No. 60 of the Planning Committee (Continued)

AND BE IT FURTHER RESOLVED that Zoning By-Law No. 76-26 of the former Township of Kingston be amended so as to: (a) Amend Section 4, Definitions, to define a "Livestock Facility" (b) Amend Section 4, Definitions, to define the "Minimum Distance Separation (MDS) Provisions" (c) Amend Section 5, General Provisions, to apply the "Minimum Distance Separation (MDS) Provisions" where any farm or any livestock facilities are a permitted use. (d) Amend Section 9(2)(a)(ii), A1 zone, by replacing the minimum lot area requirement from 25 acres with 5 acres for non-residential uses. (e) Amend Section 9(2), A1 zone, by including Minimum Distance Separation requirements in the provision section. (f) Amend Section 10(2)(a)(ii), A2 zone, by replacing the minimum lot area requirement with a minimum lot area requirement of 25 acres for a specialized farm and 5 acres for other non-residential uses. (g) Amend Section 10(2), A2 zone, by including Minimum Distance Separation requirements in the provision section. CARRIED

Former Pittsburgh Township By-Law - to introduce MDS and reduced lot size requirements for non-residential uses, Appendix 3.

3.(2) WHEREAS the City deems it appropriate to change the Zoning By-Law in order to introduce Minimum Distance Separation provisions and to reduce the minimum lot area required for non- residential uses in the Restricted Rural A1 zone and General Rural A2 zone; and,

THEREFORE BE IT RESOLVED that the application for zone changes (Our File No. D14- 84-00) by the City of Kingston affecting the Restricted Rural A1 zone and General Rural A2 zone, BE APPROVED.

AND BE IT FURTHER RESOLVED that Zoning By-Law No. 32-74 of the former Township of Pittsburgh be amended so as to:

(a) Amend Section 4, Definitions, to define a "Livestock Facility" (b) Amend Section 4, Definitions, to define the "Minimum Distance Separation (MDS) Provisions" (c) Amend Section 5, General Provisions, to apply the "Minimum Distance Separation (MDS) Provisions" where any farm or any livestock facilities are a permitted use. (d) Amend Section 23(2)(a)(ii), A1 zone, by replacing the minimum lot area requirement from 10 hectares with 2 hectares. (e) Amend Section 23(2), A1 zone, by including Minimum Distance Separation requirements in the provision section.

455 CITY COUNCIL MEETING NO. 17 Minutes Page 456 2001-06-05

REPORTS (Continued) Report No. 60 of the Planning Committee (Continued)

(f) Amend Section 24(2)(a)(ii), A2 zone, by replacing the minimum lot area requirement with a minimum lot area requirement of 10 hectares for a specialized farm and 2 hectares for other uses. (g) Amend Section 24(2), A2 zone, by including Minimum Distance Separation requirements in the provision section. CARRIED

Former Pittsburgh Township By-Law - to introduce reduced lot size requirements for residential uses in accordance with Official Plan Amendment No. 59, Appendix 4. This By-Law, if passed by Council, will only take effect if the Province on Ontario approves Official Plan Amendment No. 59.

3.(3) WHEREAS the City deems it appropriate to change the Zoning By-Law in order to introduce a minimum lot area requirement for residential uses in the Restricted Rural A1 zone and General Rural A2 zone; and,

THEREFORE BE IT RESOLVED that the application for zone changes (Our File No. D14- 84-00) by the City of Kingston affecting the Restricted Rural A1 zone and General Rural A2 zone, BE APPROVED.

AND BE IT FURTHER RESOLVED that Zoning By-Law No. 32-74 of the former Township of Pittsburgh be amended so as to:

(a) Amend Section 23(2)(a), A1 zone, by adding a minimum lot area requirement of 1 ha for a single family house. (b) Amend Section 24(2)(a), A2 zone, by adding a minimum lot area requirement of 1 ha for a single family house. (File No. CSU-D14-00-01) (See By-Law No.’s (12), (13) and (14): 2001-144, 2001-145, 2001-146) CARRIED

The report was signed by Councillors Foster, George, Pater, Rogers, Sutherland and Stoparczyk.

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456 CITY COUNCIL MEETING NO. 17 Minutes Page 457 2001-06-05 REPORTS (Continued) Report No. 61 of the Committee of the Whole “In-Camera”

Moved by Councillor Pater Seconded by Councillor Stoparczyk

That Report No.61 of the Committee of the Whole “In Camera” be received and adopted, clause by clause.

Report No. 61

2000-05-15 To: Mayor & Members of Council: The Committee of the Whole “In-Camera” reports and recommends:

1. That Council approve the Memorandum of Settlement and Letter of Understanding between the City of Kingston and the Professional Fire Fighters Association dated, March 26, 2001. (File No. CSU-P16-00-01) CARRIED

2. That Council adopt the following recommendations:

1. That the City of Kingston purchase the Smuggler’s Cove North property from Dacon Corporation in exchange for 900 MacLean Court, Lots 304 and 305 in the Cataraqui Industrial Estates and $380,000.00; and 2. That the proceeds from the disposition of municipal lands known at 900 MacLean Court in the amount of $170,000.00 be allocated to the Municipal Capital Reserve Fund; and 3. That the proceeds from the disposition of municipal lands known as Lots 304 and 305 in the Cataraqui Industrial Estates in the amount of $450,000.00 be allocated to the Industrial Land Reserve Fund; and 4. That the purchase of property at Smuggler’s Cove North in the amount of one million dollars be financed from Municipal Capital Reserve Fund; and Smuggler’s Cove North – Land Transaction 5. That Council authorize the Mayor and Clerk to execute the Agreements of Purchase and Sale; and further

That staff report back with options for development of this property and for the property to the north. (File No. CSU-L18-00-01; CSU-L19-00-01) CARRIED (10:3) (See Recorded Vote)

457 CITY COUNCIL MEETING NO. 17 Minutes Page 458 2001-06-05 REPORTS (Continued) Report No. 61 of the Committee of the Whole “In-Camera” (Continued)

A recorded vote was requested by Councillor George and commenced with same:

YEAS: Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes, Councillor Foster, Councillor Pater, Councillor Rogers, Councillor Stoparczyk, Councillor Sutherland. (10) NAYS: Councillor Garrison, Councillor George, Councillor Meers. (3)

* * * * * * * * * * * * Report No. 62 of the Rural Affairs Advisory Committee

Moved by Councillor Sutherland Seconded by Councillor Foster

That Report No. 62 of the Rural Affairs Advisory Committee be received and adopted, clause by clause.

Report No. 62

2001-05-16

To the Mayor and Members of Council: The Rural Affairs Advisory Committee Reports and Recommends as follows:

1. WHEREAS according to By-Law 98-1 Council Procedural By-Law, the Rural Affairs Advisory Committee reports directly to the Committee of the Whole; and

WHEREAS a recommendation of the Transition Board outlined the need for a senior staff person to assist the Rural Affairs Advisory Committee with Rural issues and perspectives; and

WHEREAS Mr. Hugh Gale, Supervisor, Land Use Policy, has extensive knowledge of the background of the community both prior to and during amalgamation, and attended most committee meetings providing both knowledge and guidance;

THEREFORE BE IT RESOLVED that the Rural Affairs Advisory Committee request that Council reinstate the position of staff advisor for the Rural Affairs Advisory Committee to assist the Committee with it's mandate, with a recommendation that Mr. Hugh Gale be considered for this position. (File No. CSU-C12-00-01 CARRIED (See Following Motion To Amend Which Was LOST)

458 CITY COUNCIL MEETING NO. 17 Minutes Page 459 2001-06-05 REPORTS (Continued) Report No. 62 of the Rural Affairs Advisory Committee (Continued)

Moved by Councillor Campbell Seconded by Councillor Garrison

That Clause 1, Report No. 62 be referred to Committee of the Whole. LOST

Moved by Councillor Beavis Seconded by Councillor Garrison

That Council continue past 11:00 p.m. for the purpose of completing the agenda. CARRIED

2. THAT for lands in the Rural area north of the Rural/Urban line established for use by the Committee of Adjustment, that the Property Standards By-Law and Yards By-Law be applied only to lands designated as Hamlets under the applicable Official Plan and lands zoned Estate Residential under the applicable Zoning By-Law;

AND FURTHER that all lands in the amalgamated City of Kingston which are zoned Agricultural under the applicable Zoning By-Law be exempt from the provisions of the Property Standards By-Law and Yards By-Law. (File No. CSU-C01-00-01) CARRIED (Councillor Meers OPPOSED)

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459 CITY COUNCIL MEETING NO. 17 Minutes Page 460 2001-06-05 INFORMATION REPORTS Council consented to the addition of Information Report No. (5).

(1) 2000 Development Charges Statement (Report No. C154) The purpose of this report is to provide Council with a status report of the City’s Development Charges (DC) Reserve Funds as at December 31, 2000. The Development Charges Act 1997, requires development charges collections and associated interest to be placed in separate reserve funds. The City now maintains two different Development Charges reserve funds: 1. Development Charges Consolidated Reserve Fund 2. Development Charges - Sewer Capacity (area specific) Reserve Fund. (File No. CSU-F20-00-01)

(2) Election of Greg Grange to Institute of Housing Management (Report No. C165) The purpose of this report is to advise Council of Greg Grange’s recent election to the Board of the Institute of Housing Management (IHM). The Institute of Housing Management has been providing educational training in property management excellence in the Province of Ontario for over 25 years. (File No. CSU-H13-00-01) (See Motion No. 5)

(3) Status of Tax Arrears Collection Action Plan (Report No. C145) The purpose of this report is to update Council on the status of the action plan to pursue the collection of tax arrears in accordance with governing legislation. This report provides information to April 30, 2001. Since the last report, 2001 interim tax bills totalling approximately $62 million have been issued. Taxes receivable as at April 30, 2001 have been reduced to $19.9 million. (File No. CSU-F22-00-01)

(4) Temporary Street Closure Contract 2001-02W Sewer, Watermain and Road Reconstruction On Earl Street (Report No. C172) At Council Meeting No. 20, July 18, 2000, Clause j), Report No. 85, Council granted permission “in principle” for the closure of the above noted streets for road construction, and requested a report once exact dates for the street closures were known. The purpose of this report is to notify Council that Earl Street from Bagot Street to Sydenham Street is closed for reconstruction purposes commencing Monday, May 28, 2001 for a period of 15 days. (File No. CSU-T08-00-01)

(5) Kingston Transit - Clean Air Day Promotion (Report No. C183) Wednesday, June 6th is “Clean Air Day Canada” and this year’s slogan is “Take Back The Air”. Kingston Transit is supporting the Clean Air Day campaign locally by launching a promotional effort aimed at encouraging commuters to use public transit on June 6th. Free Ride Coupons will be published in the local print media and will be valid on Clean Air Day only. (File No. CSU-E05-00-01; CSU-T03-00-01) MISCELLANEOUS BUSINESS

460 CITY COUNCIL MEETING NO. 17 Minutes Page 461 2001-06-05 Council consented to the addition of Miscellaneous Item No. 3 and 4.

1. Moved by Councillor Campbell Seconded by Councillor Clements

That, as recommended by the Rural Affairs Advisory Committee, Council approve the following terms of service as determined by the Rural Affairs Advisory Committee:

One Year Appointments Two Year Appointments Mr. Steven Hunt Mr. Lorne Long Ms. Vera Asanin Mr. Glenn Tolles Mr. Dan Rickards (File No. CSU-C12-00-01) CARRIED

2. Moved by Councillor Rogers Seconded by Councillor Garrison

That, as requested by the Kingston Bicycling Advisory Committee Council proclaim the week of June 2nd to June 10th, 2001 as “Bike Week” in the City of Kingston. (File No. CSU-M10-00-01) (See Communication No. 17-399) CARRIED

3. Moved by Councillor Stoparczyk Seconded by Councillor Clements

That, as requested by the Regional Community Brain Injury Services, Council proclaim the month of June, 2001 as “Brain Injury Awareness Month” in Kingston. (File No. CSU-M10-00-01) (See Communication No. 17-399(a)) CARRIED

4. Moved by Councillor Garrison Seconded by Councillor Campbell

That Councillor Pater be appointed as Chair of the Kingston Entitlement Access Program Advisory Committee (KEAP). (CSU-C12-00-01) (See Clause 1, Report No. 57, 2001) CARRIED * * * * * * * * * * * *

461 CITY COUNCIL MEETING NO. 17 Minutes Page 462 2001-06-05 MOTIONS

(1) Moved by Councillor Beavis Seconded by Councillor Campbell

That the condolences of Kingston City Council be extended to City employee, Lucy Scott and her family on the recent death of her father, Valerio Dragota of Thunder Bay, Ontario. (File No. CSU-M04-00-01) CAMPBELL

(2) Moved by Councillor Garrison Seconded by Councillor Rogers

That the condolences of Kingston City Council be extended to the family of the late Neil McConnell, resident of the City of Kingston. (File No. CSU-M04-00-01) CARRIED

(3) Moved by Councillor Rogers Seconded by Councillor Beavis

That the congratulations of Kingston City Council be extended to the management and staff of Fort Henry, recipient of the Top Tourist Attraction in Canada Award from Attractions Canada. (File No. CSU-M04-00-01) CARRIED

(4) Moved by Councillor Garrison Seconded by Councillor Rogers

That the congratulations of Kingston City Council be extended to Kevin and Shawna Beavis, son and daughter-in-law of Councillor George Beavis and his wife Judy, on the birth of their daughter, Megan. (File No. CSU-M04-00-01) CARRIED

(5) Moved by Councillor Beavis Seconded by Councillor Campbell

That the congratulations of Kingston City Council be extended to City employee, Greg Grange on his recent election to the Board of the Institute of Housing Management. (File No. CSU-M04-00-01) (See Information Reports No. (2)) CARRIED

462 CITY COUNCIL MEETING NO. 17 Minutes Page 463 2001-06-05 MOTIONS (Continued)

(6) Moved by Councillor Foster Seconded by Councillor Rogers

That the condolences of Kingston City Council be extended to City employee, Joanne McCallan on the recent death of her father. (File No. CSU-M04-00-01) CARRIED

(7) Moved by Councillor Sutherland Seconded by Mayor Turner

That the condolences of Kingston City Council be extended to the family of the late Gerry Banks, a young Kingstonian who died tragically in a recent car accident. (File No. CSU-M04-00-01) CARRIED

(8) Moved by Mayor Turner Seconded by Councillor Beavis

That the condolences of Kingston City Council be extended to the family of the late Kim St. Jean. (File No. CSU-M04-00-01) CARRIED

(9) Moved by Councillor Clements Seconded by Councillor Stoparczyk

That the condolences of Kingston City Council be extended to Lynn Carrier, Court Clerk, Provincial Offences Office, and her family, on the death of her father. (File No. CSU-Mo4-00-01) CARRIED

(10) Moved by Councillor Beavis Seconded by Mayor Turner

That the congratulations of Kingston City Council be extended to Peter and Elizabeth McKercher on the occasion of their 50th wedding anniversary on June 9th, 2001. CARRIED

463 CITY COUNCIL MEETING NO. 17 Minutes Page 464 2001-06-05 MOTIONS (Continued)

(11) Moved by Councillor Downes Seconded by Councillor Pater

That the congratulations of Kingston City Council be extended to the Kingston Fire and Rescue Team that participated in the Eastern Ontario Auto Extrication Competition this past weekend in Carlton Place, Ontario. Kingston's team placed first overall of 18 teams. As a result of the Auto Extrication Team's first place finish, they have the opportunity to represent Eastern Ontario this September in Burlington, Ontario at the International Auto Extrication Competition. CARRIED

(12) Moved by Councillor Downes Seconded by Councillor Clements

That the congratulations of Kingston City Council be extended to Frank and Eileen Murphy on the occasion of their 50th wedding anniversary. CARRIED

(13) Moved by Councillor Foster Seconded by Councillor Downes

That the condolences of Kingston City Council be extended to Marc Raymond and his family on the death of his father. CARRIED

* * * * * * * * * * * * NOTICES OF MOTION * * * * * * * * * * * *

MINUTES

Moved by Councillor Clements Seconded by Councillor Beavis

That the Minutes of City Council Meeting No. 16 held Tuesday, May 15, 2001, be confirmed. CARRIED * * * * * * * * * * * *

464 CITY COUNCIL MEETING NO. 17 Minutes Page 465 2001-06-05 TABLING OF DOCUMENTS

2001-60 Downtown Kingston! B.I.A.; Events Calendar; Downtown Kingston! Map and Directory; Contact Newsletter, May 2001. (File No. CSU-A01-01-01)

2001-61 Federation of Canadian Municipalities; Magazine, FORUM, May-June, 2001. (File No. CSU-A01-02-01)

2001-62 The Cataraqui Region Conservation Authority; Full Authority General Meeting, Minutes, April 25, 2001; Full Authority General Meeting, Agenda, May 23, 2001. (File No. CSU-D03-00-01)

2001-63 Epilepsy Canada; Newsletter: Lumina, Spring 2001. (File No. CSU-A01-00)

2001-64 MacLachlan Woodworking Museum Committee; Minutes of Meeting, April 17, 2001; Committee Agenda, May 8, 2001. (File No. CSU-C05-00-01, CSU-C06-00-01)

2001-65 Fairmount Home/Frontenac Management Board; Minutes of Meeting, May 23, 2001. (File No. CSU-C06-00-01) (Note: Copies distributed to All Members of Council, May 29, 2001)

2001-66 Ontario Power Generation; 2000 Annual Report. (File No. CSU-A01-00-01)

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

465 CITY COUNCIL MEETING NO. 17 Minutes Page 466 2001-06-05 COMMUNICATIONS Council consented to the addition of Communication No’s. 17-399(a), 17-399(b) and 17-399(c) and to the disposition of Communications in the following manner:

Filed 17-350 From Ann Hutchison Communications providing information on two seminars for municipal leaders: (1) MediaSmarts For Municipalities; Taking Control of Media Relations, and (2) Crisis Communications for Municipalities; Taking Control in a Crisis. The cost per seminar is $600.00 + GST for up to 8 participants each. (File No. CSU-A04-00-01)

17-351 From the Federation of Canadian Municipalities; Member Advisory: “Municipal Governments Win Right to Appeal in Rights-of-Way Case”. The FCM has won a victory in its fight to defend an attack on municipal property rights by telecommunications companies installing fibre optic cables under municipal streets and sidewalks. (File No. CSU-A01-02-01)

17-352 From the Town of Markham acknowledging receipt of the City of Kingston’s resolution regarding Bank of Canada Loans to Municipalities and advises that the resolution was presented to Council and that no action was taken. (File No. CSU-F11-00-01)

17-353 From the Ministry of Consumer and Business Services; News Release: “Ontario Boosts Consumer Protection With New 10-Day Cooling Off Period”, dated May 18th, 2001. “Consumers now have a 10-day cooling off period for door-to-door sales worth $50 or more when their front step becomes the marketplace”. “As well as increasing consumer protection, this will boost confidence in direct sellers, enhance profitability for ethical businesses and harmonize standards across the country”. This applies only to goods or services worth $50 or more that are not delivered at the time of sale or paid in full at the time of purchase. (File No. CSU-L11-00-01)

17-354 From the Association of Municipalities of Ontario acknowledging receipt of the City of Kingston’s resolution regarding Bank of Canada Loans to Municipalities and advising that AMO will work with FCM to promote this at the federal level. (File No. CSU-F11-00-01)

17-355 From the Association of Municipalities of Ontario; For Your Information, “AMO Welcomes Social Services and Children Services Announcements”, dated May 16, 2001. The Province has announced its 5-point plan for Ontario Works and its Early Years vision. The Province’s Early Years Plan totals $114 million and is directed towards targeted programs, universal programs and the creation of Early Years Centres for 2001-02. (File No. CSU-A01-04-01)

466 CITY COUNCIL MEETING NO. 17 Minutes Page 467 2001-06-05

COMMUNICATIONS (Continued)

17-356 From the Association of Municipalities of Ontario; Alert:, “AMO Calls For Reconsideration Of Applicability Of Public Sector Accountability Act To Municipal Government”, dated May 16, 2001. The Province introduces Bill 46, “An Act Respecting the Accountability of Public Sector Organizations”. A copy of Bill 46 can be retrieved from www.ontla.on.ca/library/bills/billshome.htm (File No. CSU-A01-04-01)

17-357 From Breast Cancer Action Kingston thanking all volunteers, sponsors, walkers, shavers, etc. who participated in their ‘walk and head-shaving’ fundraising event. The event raised $68,000. (File No. CSU-M03-00-01)

17-358 From Operation Christmas Child thanking the City of Kingston for their generous donations this past Christmas. Canadians donated 638,699 shoe boxes (4.1 million world-wide), filled with hygiene items, toys, clothing and candy, that were taken to needy children in 21 countries around the world. (File No. CSU-M03-00-01)

17-359 From the Committee of Adjustment, Notices of Decision in respect of the following applications:

CONSENT TO CONVEYANCE - MURRAY EDWARDS, for property on Highway #15, being Lot 34, Concession 10, to sever a 0.2 ha parcel of land from a 3.43 ha parcel of land, for the purpose of a lot addition to the abutting property to the west. BE PROVISIONALLY APPROVED, subject to conditions. The last date for appeal is May 31, 2001.

MINOR VARIANCE - MURRAY EDWARDS, property on Highway #15, being Lot 34, Concession 10, from Zoning By-Law 32.74, former Township of Pittsburgh, in the minimum lot area requirement in order to recognize a reduced lot area. BE APPROVED. The last date for appeal is May 29, 2001.

CONSENT TO CONVEYANCE - EARL VAN HOOSER, Sunnyside Road, being Lot 21, Concession 4, to sever a 0.826 parcel of land from an approximately 8 ha parcel of land, for the purpose of creating a new lot for residential purposes. BE PROVISIONALLY APPROVED, subject to conditions. The last date for appeal is May 31, 2001.

MINOR VARIANCE - GEORGE GROEN, 1153 Middle Road, from Zoning By-Law 32- 74, former Township of Pittsburgh, being Part of Lot 2, Concession 2, in the minimum front yard setback requirement in order to allow the construction of a 28’ x 44’ one-storey

467 CITY COUNCIL MEETING NO. 17 Minutes Page 468 2001-06-05 addition to the east side of the existing building. BE APPROVED, subject to conditions. The last date for appeal is May 29, 2001.

COMMUNICATIONS (Continued)

CONSENT TO CONVEYANCE - VIOLA SHAW, 2381 Findlay Station Road, being Lot 31, Concession 4, to sever a 2.1 acre parcel of land from an approximately 93.8 acre parcel of land, for the purpose of creating a single family residential building lot. BE PROVISIONALLY APPROVED, subject to conditions. The last date for appeal is May 31, 2001.

CONSENT TO CONVEYANCE - RON & PAULA GAROFALO, 1726 Bur Brook Road, being Lot 23, Concession 5, to sever a 2 acre parcel of land from a 36.69 acre parcel of land, for the purpose of creating a residential building lot. BE PROVISIONALLY APPROVED, subject to conditions. The last date for appeal is May 31, 2001.

MINOR VARIANCE - DANIEL SAMANN, 3297 Highway #2 East, being Lot 24, Concession 2, from Zoning By-Law 32-74, former Township of Pittsburgh, in order to allow the construction of a 1 ½ storey, 42’ x 40’ boathouse with a loft and studio space built into the attic space, to be located on the easterly side of the existing house and sited on the shoreline of the St. Lawrence River. CONSENT TO CONVEYANCE - RON & PAULA GAROFALO, 1726 Bur Brook Road, being Lot 23, Concession 5, to sever a 2 acre parcel of land from a 36.69 acre parcel of land, for the purpose of creating a residential building lot. BE APPROVED, subject to conditions. The last date for appeal is May 29, 2001. (File No. CSU-D19-00-01) (Note: If further information is required, contact Ted Stratford, Secretary-Treasurer, Committee of Adjustment) (Note: Copies distributed to All Members of Council, May 25, 2001)

17-360 From the Association of Municipalities of Ontario providing accommodation information and registration for the upcoming AMO Conference 2001 to be held in Toronto, August 19-22, 2001. (File No. CSU-A04-00-01) (Note: Copies distributed to All Members of Council, May 11, 2001)

17-361 Notice of liquor licence application for Little Portugal Eatery and Take Out, 336C Barrie Street, Kingston, Ontario. (File No. CSU-P09-00-01)

468 CITY COUNCIL MEETING NO. 17 Minutes Page 469 2001-06-05 COMMUNICATIONS (Continued)

17-362 From the Association of Municipalities of Ontario; Alert, “AMO’s Reaction to the Ontario Budget”, dated May 9, 2001. The budget emphasizes new ‘accountability’ rules for public sector organizations and provides funding for transportation and confirms a restructured Municipal Property Assessment Corporation. (File No. CSU-A01-04-01)

17-363 From the Corporation of the County of Perth acknowledging receipt of the City of Kingston’s resolution regarding the Environmental Farm Plan Programme and advises that Perth County Council supports the resolution. (File No. CSU-C09-00-01)

17-364 From the County of Bruce acknowledging receipt of the City of Kingston’s resolution regarding the Environmental Farm Plan Programme and advises that Bruce County Council supports the resolution. (File No. CSU-C09-00-01)

17-365 From the Municipality of Clarington acknowledging receipt of the City of Kingston’s resolution regarding Bank of Canada Loans to Municipalities and advises that the resolution was received for information. (File No. CSU-F11-00-01)

17-366 From the Ministry of Municipal Affairs and Housing; News Release:, “Province Moves Forward On Smart Growth To Protect Oak Ridges Moraine, Renew Brownfields”, dated may 17, 2001. The Ontario Government is moving forward on Smart Growth with new legislation intended to protect the environmentally sensitive Oak Ridges Moraine and promote the cleanup of brownfields. (File No. CSU-L11-00-01)

17-367 From the Ministry of Municipal Affairs and Housing providing information on the steps the government is taking to move forward on Ontario Smart Growth. A key step involves province-wide consultation on smart Growth, which will take place in 17 communities across the province over the next three weeks. (File No. CSU-L11-00-01)

17-391 From the Town of Newmarket acknowledging receipt of the City of Kingston’s resolution regarding Bank of Canada Loans to Municipalities and advises that the resolution was received for information. (File No. CSU-F11-00-01)

17-397 From the United Counties of Stormont, Dundas & Glengarry acknowledging receipt of the City of Kingston’s resolution regarding Bank of Canada Loans to Municipalities and advises

469 CITY COUNCIL MEETING NO. 17 Minutes Page 470 2001-06-05 that the resolution was considered and defeated by Council. Comments by their Treasurer were enclosed for review. (File No. CSU-F11-00-01)

COMMUNICATIONS (Continued)

Referred to All Members of Council 17-368 From the Association of Municipalities of Ontario; Alert: “A Busy Day In The Provincial Legislature. Four Bills Introduced That Will Impact Municipal Government”, dated May 18, 2001. The sitting of the Legislature saw the introduction of: 1. Ambulance Services Collective Bargaining Act, (Bill 58) 2. Oak Ridges Moraine Protections Act, (Bill 55) 3. Police Services Amendment Act 4. Brownfields Statute Law Amendment Act, (Bill 56) Plus announced province-wide Smart Growth consultations. (File No. CSU-A01-04-01)

17-369 From Barbara Bradfield, Chair, Lake Ontario St. Lawrence River Waterfront Working Group providing her comments in opposition to the proposed 44 single unit subdivision on the Sudds property and land owned by the Cataraqui Region Conservation Authority, (1097-1101 King Street West). (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, May 15, 2001)

17-370 From Dr. Deri (Frederick) Fairman, Professor Emeritus, Queen’s University providing his comments in opposition to the proposed 44 single unit subdivision on the Sudds property and land owned by the Cataraqui Region Conservation Authority, (1097-1101 King Street West). (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, May 15, 2001)

17-371 From Christine J. Cannon, Chair, Little Cataraqui Environment Association providing their comments in opposition to the proposed 44 single unit subdivision on the Sudds property and land owned by the Cataraqui Region Conservation Authority, (1097-1101 King Street West). (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, May 15, 2001)

17-372 From Val Reeves, Chair, Canadian Federation of University Women providing their comments in opposition to the proposed 44 single unit subdivision on the Sudds property and land owned by the Cataraqui Region Conservation Authority, (1097-1101 King Street West). (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, May 15, 2001)

470 CITY COUNCIL MEETING NO. 17 Minutes Page 471 2001-06-05

17-373 From Janet Collins wishing to register her opposition to the proposed 44 single unit subdivision on the Sudds property and land owned by the Cataraqui Region Conservation Authority, (1097-1101 King Street West). (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, May 15, 2001) COMMUNICATIONS (Continued)

17-374 From the Kingston International Rugby Committee providing the schedule for the PARA Championships to be held May 15th through May 20th, 2001. (File No. CSU-M02-00-01) (Note: Copies distributed to All Members of Council, May 18, 2001)

17-375 From the Association of Municipalities of Ontario; News Release: “Municipal Property Assessment Corporation; Nomination process for new Board of Directors - Deadline, May 25, 2001.” The Board of Directors is to be composed of 8 municipal representatives, 5 taxpayers representatives and 2 provincial appointees. (File No. CSU-A01-04-01) (Note: Copies distributed to All Members of Council, May 18, 2001)

17-376 From the Coordinator, Emergency Evacuation Exercise at Rideaucrest Home for the Aged, advising of their 1st Mock Emergency Exercise which will take place May 30th, 2001 at 1:00 pm. (File No. CSU-P03-00-01) (Note: Copies distributed to All Members of Council, May 16, 2001)

17-377 From the Corporation of the Township of Essa seeking Council’s support for the following resolution:

“WHEREAS in 1994 the Ontario Government approved a six month pilot project for photo radar on selected Greater Toronto and Peterborough area highways with high collision experience;

AND WHEREAS the pilot project was found to have resulted in a 15% to 29% reduction in speeding at the two lane test site, a 25% to 34% reduction at the four lane test site, and a 39% to 60% reduction at the six lane test site;

AND WHEREAS the media coverage of the introduction of these units at the time, is believed to have resulted in an overall reduction in speeding on all highways in the Province;

AND WHEREAS a reduction in the speed of vehicles results in a reduction in fatalities and major injuries;

471 CITY COUNCIL MEETING NO. 17 Minutes Page 472 2001-06-05 AND WHEREAS in 1995 the Ontario Government discontinued this photo radar program;

NOW THEREFORE BE IT RESOLVED that the Premier of Ontario be requested to reinstitute the photo radar program on all major Provincial highways in an effort to reduce motor vehicle accidents and resulting injuries and deaths.

COMMUNICATIONS (Continued)

AND FURTHER that a copy of this resolution be forwarded to all Municipalities for their endorsement and that said Municipalities be requested to advise their local M.P.P.’s and the Premier’s office of their endorsement;

AND FURTHER that the Association of Municipalities of Ontario be requested to place this resolution on the floor at this year’s AMO Conference;

AND FURTHER that the Ontario Provincial Police, the Ontario Police Association and the Ontario Police Chief’s Association be requested to support the resolution. (File No. CSU-C10-00-01)

17-378 From The United Empire Loyalists’ Association of Canada advising that their organization has proclaimed June 12, 2001 as “Loyalist Day” in Kingston. (File No. CSU-M10-00-01)

17-379 From the County of Brant seeking Council’s support for the following resolution passed at their meeting of May 1, 2001:

“WHEREAS the Ambulance Act requires ambulances to respond to all calls received from Dispatch Services;

AND WHEREAS this commonly results in cross-border ambulance services that are billed to the recipient municipality;

AND WHEREAS these costs are based on the provider municipality’s average cost per call as prescribed in Part IV of Ontario Regulation 129/99 made under The Ambulance Act;

AND WHEREAS the costs for these cross-border ambulance services are unfair to municipalities with lower average costs per call;

472 CITY COUNCIL MEETING NO. 17 Minutes Page 473 2001-06-05 THEREFORE BE IT RESOLVED that the County of Brant and the City of Brantford request the Association of Municipalities of Ontario to lobby the Ministry of Health to initiate the standardization of cross-municipality ambulance services costs;

AND that this resolution be forwarded to municipalities province wide for endorsement and for the purpose of lobbying the Association of Municipalities of Ontario and the Ministry of Health to standardize these costs”. (File No. CSU-C10-00-01)

473 CITY COUNCIL MEETING NO. 17 Minutes Page 474 2001-06-05 COMMUNICATIONS (Continued)

17-380 From the Department of Foreign Affairs and International Trade, in response to numerous questions regarding the General Agreement on Trade in Services (GATS), providing a series of questions and answers to help clarify concerns that municipalities may have regarding this agreement. (File No. CSU-L12-00-01) (Note: Copies distributed to All Members of Council, May 23, 2001)

17-383 From the City of Woodstock seeking Council’s support for the following resolution passed at their meeting of May 3rd, 2001:

“WHEREAS the Province of Ontario no longer provides transit funding as part of the downloading;

AND WHEREAS the Province of Ontario has provided the City of Toronto with a grant of $50 million for transportation services;

AND WHEREAS as a result of Provincial changes such as the reduction of funding, the changes to assessment and property taxation and the downloading of services, all municipalities in Ontario are facing the same difficulties in maintaining services for their residents as the City of Toronto. In addition, smaller municipalities do not have the same economies of scale to provide the financial flexibility of the City of Toronto;

THEREFORE BE IT RESOLVED that the Province be requested to also forward proportionate funding to the municipalities in Ontario to assist in their budget requirements and offset any municipal tax increase; (File No. CSU-C10-00-01) (Note: Copies distributed to All Members of Council, May 25, 2001)

17-384 From St. John Ambulance advising that the week of June 17th to June 23rd, 2001 is “Saint John Ambulance Week” in the City of Kingston. (File No. CSU-M10-00-01)

17-385 From Joe Clark, Leader, Progressive Conservative Party of Canada, acknowledging receipt of the City of Kingston’s resolution regarding the Free Trade Area of the Americas (FTAA) and the General Agreement On Trade In Services (GATS), and acknowledges that there needs to be the inclusion of an interpretive clause to prevent the twisting of the original intent of Chapter 11 by companies, special interest groups and the NAFTA tribunals. (File No. CSU-L12-00-01) (Note: Copies distributed to All Members of Council, May 28, 2001)

474 CITY COUNCIL MEETING NO. 17 Minutes Page 475 2001-06-05 COMMUNICATIONS (Continued)

17-386 From the Association of Municipalities of Ontario; Alert: “AMO Seeks Clarification On How General Agreement On Trade And Services (GATS) May Impact Municipalities”, dated May 23, 2001. AMO has undertaken some initial research to help better inform members. A range of services are involved in the on-going GATS service sector negotiations, such as financial services, architecture, engineering, consulting, construction, information technology, tourism, transportation. What is not involved is health, public education and social services. (File No. CSU-A01-00-01)

17-387 From the County of Renfrew seeking Council’s support for the following resolution passed at their meeting of April 30, 2001:

“WHEREAS municipalities and the natural gas industry have negotiated in good faith, a model gas franchise agreement to define the relationship between the parties with respect to the placement of natural gas pipelines in municipal right of ways;

AND WHEREAS the parties submitted both resolved and unresolved issues to the Ontario Energy Board for resolution and approval;

AND WHEREAS the Ontario Energy Board approved of the terms negotiated by the parties and in particular approved of the collection of permit fees by the municipality consistent with section 220.1 of the Municipal Act in order to compensate municipalities for the costs incurred with respect to the placement of natural gas utilities in public right of ways;

AND WHEREAS the provision of natural gas service benefits only selected taxpayers and it is inappropriate that all taxpayers subsidize services received by a few;

AND WHEREAS the Minister of Municipal Affairs at the request of the natural gas industry has by regulation overturned the decision of the Ontario Energy Board as it relates to the collection of permit fees contrary to the authority granted in Section 220.1 of the Municipal Act;

AND WHEREAS the provisions of the Municipal Act were put in place by the current government in order to give municipalities the tools to deal with the effects of service realignment;

AND WHEREAS the decision of the Minister to suspend the tools provided in Section 220.1 of the Municipal Act was arbitrary, done without any consultation with the municipal sector, and usurps the legitimate authority of the Ontario Energy Board;

475 CITY COUNCIL MEETING NO. 17 Minutes Page 476 2001-06-05 COMMUNICATIONS (Continued)

NOW THEREFORE BE IT RESOLVED: 1. That the Minister of Municipal Affairs and Housing be advised of our extreme disappointment with the manner in which he has suspended the municipal tools available under Section 220.1 of the Municipal Act. 2. That the County of Renfrew respectfully request the Minister of Municipal Affairs to reinvestigate the matter further including obtaining the municipal perspective on the matter. 3. That this resolution be circulated to all urban and upper tier municipalities in Ontario and the Association of Municipalities of Ontario, for their support and action.” (File No. CSU-C10-00-01)

17-388 From the Association of Municipalities of Ontario; For Your Information: “Upcoming Smart Growth Conference - Session 2: AMO Members Receive Registration Discount”, dated May 24, 2001. AMO has joined forces with the Canadian Urban Institute and others in hosting a three-part series of one-day conferences on Understanding Smart Growth. Part 1 was held May 9th. Part 2 is June 13th and focuses on the Impact on Gridlock, Sprawl and Economic Growth. (File No. CSU-A01-04-01)

17-389 From Anne Milina providing her comments in opposition to the proposed 44 single unit subdivision on the Sudds property and land owned by the Cataraqui Region Conservation Authority, (1097-1101 King Street West). (File No. CSU-D12-00-01) (Note: Copies distributed to All Members of Council, May 28, 2001)

17-393 From the Association of Municipalities of Ontario; For Your Information: “Ontario Small Urban Municipalities Hold Successful Conference”, dated May 23, 2001. Municipal Affairs and Housing Minister Chris Hodgson spoke about Smart Growth. Other topics included waste reduction, brownfields development, social housing, Ontario Municipal Board and the municipal role in heritage preservation with George Rust D’Eye. (File No. CSU-A01-04-01)

17-396 From the Commissioner, Community Services advising Council of the Ministry of Municipal Affairs and Housing’s “2001 Dr. Albert Rose Bursary Program”. This program, originally intended for students who are tenants in rent-geared-to-income housing, has recently been expanded to include tenants in all social housing including the Local Housing Corporation, non-profit, co-operative, federal, Rural and Native Housing and private rent-supplement units. (File No. CSU-L11-00-01; CSU-S13-00-01) (Note: Copies distributed to All Members of Council, May 29, 2001)

476 CITY COUNCIL MEETING NO. 17 Minutes Page 477 2001-06-05 COMMUNICATIONS (Continued)

17-399(c) From Dan Corcoran, President, Len Corcoran Excavating expressing his frustration with the delay in Council awarding a tender for road reconstruction in that the tender closed May 16th but the tender wasn’t awarded until June 5th. Chief Administrative Officer, B. Meunier, in his reply, noted that there had not been a Council meeting since May 16th, until the June 5th meeting. (File No. CSU-T04-00-01 (Note: Copies distributed to All Members of Council, June 1, 2001)

Referred to All Members of Council, the Chief Administrative Officer and the Commissioner of Corporate Services 17-390 From the County of Peterborough seeking Council’s support for the following resolution passed at their meeting of May 16th, 2001:

“WHEREAS the Province of Ontario has downloaded the responsibility of Land Ambulance to Upper Tier Municipalities as of December 31, 2000 and has been aware of this downloading since 1997;

AND WHEREAS the Municipalities need to know the funding template in order to proceed with their 2001 budgets;

AND WHEREAS the approval of funding is essential to the operation of the land ambulance service;

NOW THEREFORE BE IT RESOLVED that the Corporation of the County of Peterborough hereby enacts as follows:

1. That the Minister of Finance and Minister of Health be advised that if land ambulance funding approvals are not received, we will be unable to meet legislated standards and our community will be at risk; 2. That the Association of Municipalities of Ontario (AMO) and the Land Ambulance Implementation Steering Committee (LAISC) be requested to lobby for ‘fast track’ approval of funding, standards, and related issues;

THAT a copy of this resolution be forwarded to all Counties and Regions, the Association of Municipalities of Ontario and the City of Peterborough for their support.” (File No. CSU-C10-00-01)

Referred to the Commissioner of Operations Services and the Acting Commissioner of Planning and Development Services 17-381 From G. Weima Enterprises Inc. advising that a client of theirs is offering to purchase a road allowance, owned by the City of Kingston, being Registered Plan 13R-15763. Their client

477 CITY COUNCIL MEETING NO. 17 Minutes Page 478 2001-06-05 owns property alongside this road allowance and would maintain the property as a green space buffer between his property and the neighbors. (File No. CSU-L19-00-01) COMMUNICATIONS (Continued) Referred to the Commissioner of Operations Services 17-382 From Transport Canada Ontario Region advising that Part 1 of the Public Ports and Public Port Facilities Regulations (PPPPFR) have received Governor in Council approval and took effect on April 26th, 2001. They will also be published in the Canada Gazette, Part II on May 9th, 2001. (File No. CSU-L10-00-01)

Referred to the Commissioner of Corporate Services 17-392 From the Ontario Assessment Review Board announcing that the Assessment Review Board’s new Rules of Practice and Procedure will be effective June 1, 2001. The new Rules consolidate the Board’s current Rules of Practice and its Practice Directions and at the same time codify its administrative practices. (File No. CSU-L11-00-01)

17-398 From the Kingston Area Taxi Commission requesting that the City provide cost estimates to provide the duties of a treasurer for the Commission. (File No. CSU-C11-00-01)

Referred to the Acting Commissioner of Planning & Development Services 17-394 From the Partners For Climate Protection welcoming the City of Kingston as the 80th municipality to join PCP. Enclosed documentation included brochures, case studies, a Sustainable Communities tool kit, information on how to acquire free software to measure greenhouse gas emissions, the PCP recognition puzzle and other helpful resources. (File No. CSU-E05-00-01)

17-395 From Mr. Chander Datta advising of his intent to appeal to the OMB the approval of the draft plan for the Greenwood Park Limited Partnership No.1 for Phase 5 of Greenwood Park, approved by Kingston City Council on May 1, 2001. (File No. CSU-D12-00-01)

Miscellaneous Business 17-399 From the Kingston Bicycling Advisory Committee requesting that Council proclaim the week of June 2nd to June 10th, 2001 as “Bike Week” in the City of Kingston. (File No. CSU-M10-00-01) (See Miscellaneous Business Item No. 2) (Note: Copies distributed to All Members of Council, May 30, 2001)

17-399(a) From the Regional Community Brain Injury Services requesting that Council proclaim the month of June, 2001 as “Brain Injury Awareness Month” in Kingston. This is part of a provincial and national awareness campaign. There will be an information session with

478 CITY COUNCIL MEETING NO. 17 Minutes Page 479 2001-06-05 entertainment and refreshments at Confederation Basin on Wednesday, June 13th from noon to 1:30 p.m. (File No. CSU-M10-00-01) (See Miscellaneous Business Item No. 3) (Note: Copies distributed to All Members of Council, June 5, 2001) COMMUNICATIONS (Continued)

Referred to All Members of Council 17-399(b)From Ian Milne, Kingston First Capital advising that June 15th, 2001 will be celebrated as the 160th anniversary of Kingston the First Capital. (File No. M10) (Note: Copies distributed to All Members of Council, June 5, 2001)

* * * * * * * * * * * OTHER BUSINESS * * * * * * * * * * * BY-LAWS

Council consented to the withdrawal of By-Law (11).

(A) Moved by Councillor Clements Seconded by Councillor Downes

That By-Laws (1) through (15) be given their first and second reading. CARRIED

(B) Moved by Councillor Foster Seconded by Councillor Garrison

That Clause 7.6 of By-Law No. 98-1 be suspended for the purpose of giving By-Laws (3), and (12) through (14) three readings. CARRIED (Councillors Garrison, Meers and Rogers OPPOSED)

That By-Laws (3), and (12) through (25) be given their third reading.

CARRIED (Councillors Garrison and Meers OPPOSED)

479 CITY COUNCIL MEETING NO. 17 Minutes Page 480 2001-06-05 (1) 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”, (Shoppers Drug Mart, 445 Princess Street - Add: Maris Malderis, Mike Lacelle, Brian Yule)

FIRST AND SECOND READING PROPOSED NO. 2001-133 (Clause d), Report No. 58, 2001) BY-LAWS (Continued)

(2) A By-Law To Provide For The Temporary Closure Of Ontario Street From Brock Street To Market Street On Monday, July 23, 2001 From 2:30 PM To 9:30 PM, (Community Purposes - The Front Line Worship Centre)

FIRST AND SECOND READING PROPOSED NO. 2001-134 (Clause e), Report No. 58, 2001)

(3) A By-Law To Provide For The Acceptance By The City Of Kingston, Of The Public Works And Assumption Of The Public Highway In West Park West Subdivision, Registered Plan 13M- 7, In The City Of Kingston, In Accordance With Section 259 Of The Municipal Act, Chapter M45, R.S.O. 1990

THREE READINGS PROPOSED NO. 2001-135 (Clause f), Report No. 58, 2001)

(4) A By-Law To Provide For A Temporary Closure Of Maitland Street On Saturday, June 23, 2001 From 7:00 AM To 5:00 PM, (Community Purposes - Easter Seals Regatta)

FIRST AND SECOND READING PROPOSED NO. 2001-136 (Clause g), Report No. 58, 2001)

(5) A By-Law To Provide For The Temporary Closure Of Bagot Street Between Barrie Street And West Street On Saturday, July 7, 2001 From 6:00 AM To 6:00 PM, (Community Purposes - The Sky Is The Limit Festival)

FIRST AND SECOND READING PROPOSED NO. 2001-137 (Clause h), Report No. 58, 2001)

480 CITY COUNCIL MEETING NO. 17 Minutes Page 481 2001-06-05 (6) A By-Law To Provide For The Temporary Closure Of Ontario Street Between Brock Street And Clarence Street On Saturday, July 21, 2001 From 8:30 AM To 5:00 PM, (Community Purposes - Taste Of Kingston)

FIRST AND SECOND READING PROPOSED NO. 2001-138 (Clause i), Report No. 58, 2001)

(7) A By-Law To Establish General Municipal, Fire, Garbage, Taxation Rates For The City Of Kingston For The 2001 Budget Year

FIRST AND SECOND READING PROPOSED NO. 2001-139 (Clause j), Report No. 58, 2001) BY-LAWS (Continued)

(8) A By-Law To Amend By-Law No. 98-8, “A By-Law To Appoint Statutory Officials Of The Corporation Of The City Of Kingston”, (Appoint Patricia Carrol As Collector Of The Corporation Of The City Of Kingston, Effective July 1, 2001)

FIRST AND SECOND READING PROPOSED NO. 2001-140 (Clause k), Report No. 58, 2001)

(9) 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 At The Former PUC Bus Barns)

FIRST AND SECOND READING PROPOSED NO. 2001-141 (Clause l), Report No. 58, 2001)

(10) A By-Law To Amend By-Law No. 99-91, “A By-Law To Provide For The Regulation Use Of Parks And Recreational Facilities Of The Corporation”, (To Permit Day Use Parking At The Former PUC Bus Barns, The Anglin Parking Lot And City Park, During The Tall Ships Weekend)

FIRST AND SECOND READING PROPOSED NO. 2001-142 (Clause l), Report No. 58, 2001)

(11) A By-Law To Amend By-Law No. 76-26 "Township Of Kingston Restricted Area By-Law" (North Side Of Woodbine Road, Between Wise Street And Megan's Street – 'D' Development, 'R1' Residential & 'EPA' Environmental Protection Area To Zones 'R1' Residential, 'R1-45-H'

481 CITY COUNCIL MEETING NO. 17 Minutes Page 482 2001-06-05 Special Residential & 'EPA-8' Special Environmental Protection Area – George & May Hogeboom)"

THREE READINGS PROPOSED NO. 2001-143 (Clause 1, Report No. 60, 2001) WITHDRAWN

(12) A By-Law To Amend By-Law No. 76-26, "Former Kingston Township Zoning By-Law Of The Corporation Of The City Of Kingston"

THREE READINGS PROPOSED NO. 2001-144 (Clause 3.(1), Report No. 60, 2001)

482 CITY COUNCIL MEETING NO. 17 Minutes Page 483 2001-06-05 BY-LAWS (Continued)

(13) A By-Law To Amend By-Law No. 32-74, "Former Pittsburgh Township Zoning By-Law Of The Corporation Of The City Of Kingston"

THREE READINGS PROPOSED NO. 2001-145 (Clause 3.(2), Report No. 60, 2001)

(14) A By-Law To Amend By-Law No. 32-74, "Former Pittsburgh Township Zoning By-Law Of The Corporation Of The City of Kingston"

THREE READINGS PROPOSED NO. 2001-146 (Clause 3.(3), Report No. 60, 2001)

(15) A By-Law To Confirm The Proceedings Of Council At Its Meeting Held On Tuesday, June 5, 2001

THREE READINGS PROPOSED NO. 2001-147 (City Council Meeting No. 17, 2001)

(16) A By-Law To Authorize The Reconstruction Of Asphalt Pavement On Regent Street From Johnson Street To Park Street Including Road Drainage, Reconstruction Of Concrete Sidewalks As Required, Reconstruction Of A Sanity Sewer, Construction Of A Storm Sewer And The Reconstruction Of A Watermain

THIRD READING PROPOSED NO. 2001-119 (Clause b), Report No. 52, 2001)

(17) A By-Law To Establish A Tariff Of Fees For Harbours And Wharves, (Crawford Dock)

THIRD READING PROPOSED NO. 2001-120 (Clause c), Report No. 52, 2001)

(18) A By-Law To Provide For The Temporary Closure Of Ontario Street Between Brock Street And Market Street On Friday, June 15, 2001 From 11:30 A.M. To 2:00 P.M., (Community Purposes - First Capital Celebrations)

THIRD READING PROPOSED NO. 2001-122 (Clause f), Report No. 52, 2001)

483 CITY COUNCIL MEETING NO. 17 Minutes Page 484 2001-06-05

BY-LAWS (Continued)

(19) A By-Law To Provide For The Temporary Closure Of A Portion Of Ontario Street, From Brock Street To Market Street, Saturday, June 16, 2001, From 7:30 A.M. To 4:00 P.M., (Community Purposes - Sunnyside Children’s Foundation Teddy Bear Picnic)

THIRD READING PROPOSED NO. 2001-123 (Clause g), Report No. 52, 2001)

(20) 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”, (Clause i), Report No. 52, 2001)

THIRD READING PROPOSED NO. 2001-124 (Clause i), Report No. 52, 2001)

(21) A By-Law To Amend By-Law No. 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”, (Clause i), Report No. 52, 2001)

THIRD READING PROPOSED NO. 2001-125 (Clause i), Report No. 52, 2001)

(22) A By-Law To Amend By-Law No. 81-218, “A By-Law To Provide For Exempting, Pursuant To Permits Issued, The Owners And Drivers Of Vehicles Operated By Or Carrying A Disabled Person From The Provisions Of By-Laws Of The City Of Kingston Prohibiting Or Regulating The Parking, Standing Or Stopping Of Motor Vehicles On Any Highway Or Part Thereof In The City Of Kingston”, (Clause i), Report No. 52, 2001)

THIRD READING PROPOSED NO. 2001-126 (Clause i), Report No. 52, 2001)

(23) A By-Law To Delegate The Authority For Processing And Approval Of Temporary Highway Closures Pursuant To Section 207(43) And 207(44) Ontario Municipal Act

THIRD READING PROPOSED NO. 2001-127 (Clause 3, Report No. 53, 2001)

484 CITY COUNCIL MEETING NO. 17 Minutes Page 485 2001-06-05

485 CITY COUNCIL MEETING NO. 17 Minutes Page 486 2001-06-05 BY-LAWS (Continued)

(24) 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”, (Establishment Of A Flat Rate When The Municipal Parking Lots Are Unattended)

THIRD READING PROPOSED NO. 2001-128 (Clause 6, Report No. 53, 2001) (Councillor Clements OPPOSED)

(25) A By-Law To Amend By-Law No. 2001-98, “A By-Law To Adopt The 2001 Capital Budget”, (To Provide For An Increase Of Capital Expenditure In The Amount Of $1,400,000.00 With Funding Provided Through The Capital Reserve Fund)

THIRD READING PROPOSED NO. 2001-131 (Clause 4), Report No. 54, 2001)

* * * * * * * * * * * * ADJOURNMENT

Moved by Councillor Foster Seconded by Councillor George

That Council do now adjourn. CARRIED

Council adjourned at 11:25 p.m.

(Signed) Carolyn Downs Isabel Turner City Clerk Mayor

486